Nev. Admin. Code § 445B.3831 - Requirements for issuance
1. The Director
shall not issue an emission reduction credit unless the following requirements
are met:
(a) The emission reductions used to
generate the emission reduction credit are surplus, permanent, quantifiable and
federally enforceable.
(b) Except
when a unit is fully shutdown, a revised federally enforceable operating permit
has been issued which contains practicably enforceable conditions to limit the
potential of the emission unit to emit the allowable emissions of the
stationary source.
(c) The baseline
for determining credit for emission reductions is the applicable state
implementation plan emission limitation in effect at the time the application
to construct or modify a source is filed, except that the baseline shall be the
actual emissions of the emissions unit from which the emission reduction credit
is obtained when:
(1) The demonstration of
reasonable further progress and attainment of ambient air quality standards is
based upon the actual emissions of sources located within a designated
nonattainment area for which the preconstruction review program was adopted; or
(2) The applicable state
implementation plan does not contain an emission limitation for that emissions
unit.
(d) If the
applicable state implementation plan requires certain equipment controls in
lieu of an emission limitation, the baseline allowable emissions are based on
continuous emissions monitoring system data, where available, or calculated
using the actual operating conditions of the emission unit for the previous
2-year period in conjunction with the required equipment controls.
(e) The emission reduction credit has not
been relied upon by the Director in issuing any permit under regulations
approved pursuant to
40 C.F.R. §§
51.160 to
51.166,
inclusive, or in an attainment demonstration or reasonable further progress
demonstration in a nonattainment area state implementation plan.
(f) If the stationary source is subject to
both:
(1) An emission limitation established
in a new source performance standard or a national emission standard for
hazardous air pollutants under
42 U.S.C.
§§
7411 and
7412;
and
(2) A different applicable
state implementation plan limitation, the more stringent limitation is used as
the baseline for determining the emission reduction credit. The difference in
emissions between the applicable state implementation plan and the new source
performance standard or national emission standard for hazardous air pollutants
for the stationary source shall not be used as a basis for an emission
reduction credit. If a stationary source is not subject to an emission
limitation pursuant to a new source performance standard or national emission
standard for hazardous air pollutants, an emission reduction credit may be
issued if the stationary source accepts a federally enforceable emission
limitation that is more stringent than an emission limitation under the
applicable state implementation plan.
2. An emission reduction credit shall not be
issued:
(a) If the emission limitation under
the applicable state implementation plan allows for greater emissions than the
uncontrolled emission rate of the source, for emissions above the uncontrolled
emission rate.
(b) For existing
actual emissions which exceed the allowable emissions specified in the source's
federally enforceable operating permit.
Notes
NRS 445B.210, 445B.300
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