New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 60 - PERMITTING IN NONATTAINMENT AREAS
Section 20.11.60.24 - BANKING OF EMISSION REDUCTION
Universal Citation: 20 NM Admin Code 20.11.60.24
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any stationary source which decreases actual emissions of a regulated new source review pollutant in excess of the requirements of 20.11.60 NMAC or any other applicable air quality regulation or permit emission limitation may preserve or bank such excess emission reductions for sale or future use.
B. The owner or operator desiring to preserve such reductions shall submit a written request prior to the actual emission reduction to the department which contains the following information:
(1) a detailed description of
the process(es) to be controlled and the control technology to be used;
and
(2) emission calculations
showing the types and amounts of actual emissions to be reduced; and
(3) the effective date(s) of such
reductions.
C. The department shall:
(1) verify the amount of
emission reduction claimed in the written request; and
(2) approve or deny the request for banking
of the emission reduction and notify the applicant in writing of the decision;
and
(3) keep appropriate records of
any emission reduction accepted for banking; and
(4) for the case where emission reductions
are approved in excess of those required for obtaining a permit under 20.11.60
NMAC, the department shall make such reductions a condition of the permit;
and
(5) for the case where emission
reductions are approved not in conjunction with granting a permit, the
department shall preserve such reductions as a state implementation plan
revision which must be approved by the board.
D. Use and sale of emission reductions.
(1) The use of any preserved emission
reduction is confined to meeting the emission offset requirements of 20.11.60
NMAC or 20.11.41 NMAC.
(2) The
provisions of 20.11.60 NMAC apply to the future use of any preserved emission
reduction as if such reductions were obtained concurrently with the
commencement of operations of the new or modified source.
(3) Before the use or sale of any preserved
emission reduction occurs, written notification must be given to the
department. Such notice shall be in writing and shall identify the permit(s)
and state implementation plan revision(s) in which such reductions are
preserved. The department must verify the availability of the preserved
reduction before any use or sale occurs.
(4) The use of preserved emission reduction
credits is subject to the criteria of 20.11.60 NMAC.
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