N.M. Admin. Code § 20.11.4.165 - EARLY EMISSION REDUCTION CREDIT PROGRAMS AT FEDERAL FACILITIES AND INSTALLATION SUBJECT TO FEDERAL OVERSIGHT
A. Federal facilities and installations
subject to federal oversight can, with the approval of the state or tribal
agency responsible for the SIP or TIP in that area, create an early emissions
reductions credit program. The federal agency can create the emission reduction
credits in accordance with the requirements in Subsection B of
20.11.4.165 NMAC and can used them
in accordance with Subsection C of
20.11.4.165 NMAC.
B. Creation of emission reduction credits.
(1) Emissions reductions must be quantifiable
through the use of standard emission factors or measurement techniques. If
non-standard factors or techniques to quantify the emissions reductions are
used, the federal agency must receive approval from the state or tribal agency
responsible for the implementation of the SIP or TIP and from EPA 's Region VI
Office. The emission reduction credits do not have to be quantified before the
reduction strategy is implemented, but must be quantified before the credits
are used in the general conformity evaluation .
(2) The emission reduction methods must be
consistent with the applicable SIP or TIP attainment and reasonable further
progress demonstrations.
(3) The
emissions reductions cannot be required by or credited to other applicable SIP
or TIP provisions.
(4) Both the
state or tribe and federal air quality agencies must be able to take legal
action to ensure continued implementation of the emission reduction strategy.
In addition, private citizens must also be able to initiate action to ensure
compliance with the control requirement.
(5) The emissions reductions must be
permanent or the timeframe for the reductions must be specified.
(6) The federal agency must document the
emissions reductions and provide a copy of the document to the state or tribal
air quality agency and the EPA region VI office for review. The documentation
must include a detailed description of the emission reduction strategy and a
discussion of how it meets the requirements of Paragraphs (1) through (5) of
Subsection B of
20.11.4.165 NMAC.
C. Use of emission reduction
credits. The emission reduction credits created in accordance with Subsection B
of 20.11.4.165 NMAC can be used,
subject to the following limitations, to reduce the emissions increase from a
federal action at the facility for the conformity evaluation .
(1) If the technique used to create the
emission reduction is implemented at the same facility as the federal action
and could have occurred in conjunction with the federal action , then the
credits can be used to reduce the total direct and indirect emissions used to
determine the applicability of the regulation as required in
20.11.4.153 NMAC and as offsets or
mitigation measures required by
20.11.4.158 NMAC.
(2) If the technique used to create the
emission reduction is not implemented at the same facility as the federal
action or could not have occurred in conjunction with the federal action , then
the credits cannot be used to reduce the total direct and indirect emissions
used to determine the applicability of the regulation as required in
20.11.4.153 NMAC, but can be used
to offset or mitigate the emissions as required by
20.11.4.158 NMAC.
(3) Emissions reductions credits must be used
in the same year in which they are generated.
(4) Once the emission reduction credits are
used, they cannot be used as credits for another conformity evaluation .
However, unused credits from a strategy used for one conformity evaluation can
be used for another conformity evaluation as long as the reduction credits are
not double counted.
(5) Federal
agencies must notify the state or tribal air quality agency responsible for the
implementation of the SIP or TIP and the EPA region VI office when the emission
reduction credits are being used.
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