Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Applicability. Any facility that has the potential to emit nitrogen oxides,
volatile organic compounds, sulfur dioxide, ammonia, or fine particulate
(PM2.5) in amounts greater than 25 tons per year and that is in a federally
designated ozone or fine particulate (PM2.5) nonattainment area in North
Carolina is eligible to create and bank nitrogen oxides, volatile organic
compounds, sulfur dioxide, ammonia, or fine particulate (PM2.5) emission
reduction credits.
(b) Eligibility
of emission reductions.
(1) To be approved by
the Director as an emission reduction credit, a reduction in emissions shall be
real, permanent, quantifiable, enforceable, and surplus and shall have
occurred:
(A) for ozone after December 31,
2002 for areas previously designated nonattainment according to the 1997 8-hour
ozone standard, including the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment
area, the Raleigh-Durham-Chapel Hill nonattainment area, the Rocky Mount
nonattainment area, and the Haywood and Swain Counties (Great Smoky Mountains
National Park) nonattainment area, and after December 31, 2000 for all other
nonattainment areas.
(B) for fine
particulate (PM2.5) after December 31, 2002 for the areas previously designated
nonattainment according to the 1997 PM2.5 standard, including the former
Greensboro-Winston-Salem-High Point, NC and Hickory-Morganton-Lenoir, NC
nonattainment areas.
(2)
To be eligible for consideration as emission reduction credits, emission
reductions may be created by any of the following methods:
(A) installation of control equipment beyond
what is necessary to comply with existing rules;
(B) a change in process inputs, formulations,
products or product mix, fuels, or raw materials;
(C) a reduction in the actual emission
rate;
(D) a reduction in operating
hours;
(E) production curtailment
or reduction in throughput;
(F)
shutdown of emitting sources or facilities; or
(G) any other enforceable method resulting in
real, permanent, quantifiable, enforceable, and surplus reduction of
emissions.
(c) Ineligible for emission reduction credit.
Emission reductions from the following shall not be eligible to be banked as
emission reduction credits:
(1) sources
covered by a special order or variance until compliance with the emission
standards that are the subject of the special order or variance is
achieved;
(2) sources that have
operated less than 24 months;
(3)
emission allocations and allowances used in a federal emissions budget trading
program;
(4) emission reductions
outside North Carolina; or
(5)
mobile sources.
