Current through Register Vol. 41, No. 3, September 23, 2024
A. Federal facilities and installations
subject to federal oversight may, with the approval of the department, create
an early emissions reductions credit program. The federal agency may create the
emission reduction credits in accordance with the requirements in subsection B
of this section and use them in accordance with subsection C of this
section.
B. Creation of emission
reduction credits shall be accomplished as follows:
1. Emissions reductions shall be quantifiable
through the use of standard emission factors or measurement techniques. If
nonstandard factors or techniques to quantify the emissions reductions are
used, the federal agency shall receive approval from the department and from
the EPA regional office. The emission reduction credits do not have to be
quantified before the reduction strategy is implemented, but shall be
quantified before the credits are used in the general conformity
evaluation.
2. The emission
reduction methods shall be consistent with the applicable implementation plan
attainment and reasonable further progress demonstrations.
3. The emissions reductions shall not be
required by or credited to other applicable implementation plan
provisions.
4. Both the department
and federal air quality agencies shall be able to take legal action to ensure
continued implementation of the emission reduction strategy. In addition,
private citizens shall also be able to initiate action to ensure compliance
with the control requirement.
5.
The emissions reductions shall be permanent or the timeframe for the reductions
shall be specified.
6. The federal
agency shall document the emissions reductions and provide a copy of the
document to the department and the EPA regional office for review. The
documentation shall include a detailed description of the emission reduction
strategy and a discussion of how it meets the requirements of subdivisions 1
through 5 of this subsection.
C. The emission reduction credits created in
accordance with subsection B of this section may 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 may be used to reduce the total direct and indirect emissions used to
determine the applicability of the regulation as required in
9VAC5-160-30 and as offsets or
mitigation measures required by
9VAC5-160-160.
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 shall not be used to reduce the total direct and indirect emissions
used to determine the applicability of the regulation as required in
9VAC5-160-30, but may be used to
offset or mitigate the emissions as required by
9VAC5-160-160.
3. Emissions reductions credits shall be used
in the same year in which they are generated.
4. Once the emission reduction credits are
used, they shall not be used as credits for another conformity evaluation.
However, unused credits from a strategy used for one conformity evaluation may
be used for another conformity evaluation as long as the reduction credits are
not double counted.
5. Federal
agencies shall notify the department and the EPA regional office when the
emission reduction credits are being used.
Statutory Authority
§ 10.1-1308 of the Code of
Virginia.
