|(a) A grandfathered or electing electric generating facility
(EGF) in the El Paso Region may meet the emissions allowances by using credits
from emissions reductions achieved in the City of Juarez, United States of
Mexico and from EGFs located in Sunland Park, New Mexico. Emission reductions
under this section must meet the following criteria.
(1) The emission reduction must be:
(A) enforceable by the commission;
(B) permanent, meaning that the emission reduction is unchanging
for the remaining life of the source;
(C) quantifiable, so that the emission reduction can be measured
or estimated with confidence using replicable techniques;
(D) surplus, such that the emission reduction is not otherwise
required of a facility by a state or federal law, regulation, or agreed order;
(E) a real reduction in which actual emissions are reduced.
(2) The emission reduction must be reviewed and approved
by the executive director prior to converting the credits into allowances
under this program.
(b) Grandfathered and electing EGFs in the El Paso Region are
exempt from the requirements of this division if either EPA or the commission
determines that reductions of nitrogen oxides in the El Paso Region that would
otherwise be required under this division would result in an increased ambient
ozone level in El Paso County.