Section 101.337 - El Paso Region(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; and(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.30 Tex. Admin. Code § 101.337
The provisions of this §101.337 adopted to be effective January 11, 2000, 25 TexReg 128