Section 445B.191 - "Surplus" defined"Surplus" means an emission reduction that:
1. Has not been relied on in any air quality program related to any nonattainment area state implementation plan; 2. Is not a requirement of any nonattainment area state implementation plan; 3. Is not a requirement of a state air quality program that has been adopted but is not in the applicable state implementation plan; 4. Is not credited in any federal reasonable further progress or other milestone demonstration; 5. Is not a requirement of a consent decree; 6. Is not a requirement of a federal rule that focuses on reducing criteria pollutants or their precursors; 7. Has not been relied upon to issue any preconstruction permit; 8. Is not a requirement established in a new source performance standard or a national emission standard for hazardous air pollutants; and 9. Has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double-counting of emission reductions.
Nev. Admin. Code § 445B.191
Added to NAC by Environmental Comm'n by R054-15, eff. 10/27/2015