30 Tex. Admin. Code § 101.305 - Emission Reductions Achieved Outside the United States
(a) A facility may use reductions achieved
outside the United States of criteria pollutants or precursors of criteria
pollutants if the facility meets the requirements of subsection (c) of this
section.
(b) A facility may use
reductions achieved outside the United States of criteria pollutants or
precursors of criteria pollutants and substitute these reductions for
reductions in other criteria pollutants or precursors of criteria pollutants if
the facility meets the requirements of subsection (c) of this section; and
(1) the reduction is substituted for the
reduction of another criteria pollutant and the substitution results in a
greater health benefit and is of equal or greater benefit to the overall air
quality of the area; or
(2) a
reduction of an air contaminant for which the area in which the facility is
located has been designated as nonattainment or which leads to the formation of
a criteria pollutant for which an area has been designated as nonattainment is
substituted for any air contaminant for which the area has been designated as
nonattainment or leads to the formation of any criteria pollutant for which the
area has been designated as nonattainment.
(c) The use of reductions outside the United
States must be approved by the executive director and the United States
Environmental Protection Agency (EPA), and the user of the emission reduction
must:
(1) demonstrate to the executive
director and EPA that the reduction is real, permanent, enforceable,
quantifiable, and surplus to any applicable Mexican, federal, state, or local
law;
(2) demonstrate that the use
of the reduction does not cause localized health impacts, as determined by the
executive director and EPA;
(3)
submit all supporting information for calculations and modeling, and any
additional information requested by the executive director and EPA;
and
(4) be located within 100
kilometers of the Texas - Mexico border.
(d) This section does not apply to reductions
in emissions of lead.
Notes
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