445B.3831 - Requirements for issuance

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.

Added to NAC by Environmental Comm'n by R054-15, eff. 10-27-2015

NRS 445B.210, 445B.300

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