Nev. Admin. Code § 445B.380 - Applicability; authorized uses

Current through October 13, 2021

1. NAC 445B.380 to 445B.390, inclusive, apply to:
(a) A new or existing major stationary source or a major modification with a federally enforceable permit that contains requirements associated with an emission reduction credit; and
(b) Any party involved with the trading of an emission reduction credit.
2. The Director may allow for the issuance, transfer, use, redemption or banking of an eligible emission reduction credit for carbon monoxide, lead, PM10, PM2.5, VOC, NOx or SO2 in accordance with the limitations set forth in NAC 445B.380 to 445B.390, inclusive.
3. Except as otherwise provided in subsection 4, an emission reduction credit may be used only in the nonattainment area where it was created and for the same pollutant that is being offset.
4. An emission reduction credit created in a nonattainment area other than the nonattainment area in which the source is located may be used in the nonattainment area in which the source is located if:
(a) The other nonattainment area has an equal or higher nonattainment classification than the area in which the source is located; and
(b) Emissions from the other nonattainment area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located.
5. An emission reduction credit issued pursuant to NAC 445B.380 to 445B.390, inclusive, does not constitute an interest in property or create any contractual rights.

Notes

Nev. Admin. Code § 445B.380
Added to NAC by Environmental Comm'n by R054-15, eff. 10-27-2015

NRS 445B.210, 445B.300

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