N.M. Code R. § 20.11.4.165 Early Emission Reduction Credit Programs At Federal Facilities and Installation Subject to Federal Oversight

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 21, November7, 2023
• Citation: N.M. Code R. § 20.11.4.165
• Year: 2023

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...