--- kind: "range" citation: "40 C.F.R. §§ 93.162–93.165" title: "40" from: "93.162" to: "93.165" count: 4 url: "https://uscodex.org/cfr/40/93.162..93.165" --- # §93.162. Emissions beyond the time period covered by the SIP. If a Federal action would result in total direct and indirect emissions above the applicable thresholds which would be emitted beyond the time period covered by the SIP, the Federal agency can: - (a) Demonstrate conformity with the last emission budget in the SIP; or - (b) **Request the State or Tribe to adopt an emissions budget for the action for inclusion in the SIP.** The State or Tribe must submit a SIP or TIP revision to EPA within 18 months either including the emissions in the existing SIP or establishing an enforceable commitment to include the emissions in future SIP revisions based on the latest planning assumptions at the time of the SIP revision. No such commitment by a State or Tribe shall restrict a State's or Tribe's ability to require RACT, RACM or any other control measures within the State's or Tribe's authority to ensure timely attainment of the NAAQS. # §93.163. Timing of offsets and mitigation measures. - (a) The emissions reductions from an offset or mitigation measure used to demonstrate conformity must occur during the same calendar year as the emission increases from the action except, as provided in [paragraph (b)](#b) of this section. - (b) The State or Tribe may approve emissions reductions in other years provided: - (1) **The reductions are greater than the emission increases by the following ratios—** - (2) The time period for completing the emissions reductions must not exceed twice the period of the emissions. - (3) The offset or mitigation measure with emissions reductions in another year will not: - (i) Cause or contribute to a new violation of any air quality standard, - (ii) Increase the frequency or severity of any existing violation of any air quality standard; or - (iii) Delay the timely attainment of any standard or any interim emissions reductions or other milestones in any area. - (c) The approval by the State or Tribe of an offset or mitigation measure with emissions reductions in another year does not relieve the State or Tribe of any obligation to meet any SIP or Clean Air Act milestone or deadline. The approval of an alternate schedule for mitigation measures is at the discretion of the State or Tribe, and they are not required to approve an alternate schedule. # §93.164. Inter-precursor mitigation measures and offsets. Federal agencies must reduce the same type of pollutant as being increased by the Federal action except the State or Tribe may approve offsets or mitigation measures of different precursors of the same criteria pollutant, if such trades are allowed by a State or Tribe in a SIP or TIP approved NSR regulation, is technically justified, and has a demonstrated environmental benefit. # §93.165. Early emission reduction credit programs at Federal facilities and installation subject to Federal oversight. - (a) Federal facilities and installations subject to Federal oversight can, with the approval of the State or tribal agency responsible for the SIP or TIP in that area, create an early emissions reductions credit program. The Federal agency can create the emission reduction credits in accordance with the requirements in [paragraph (b)](#b) of this section and can use them in accordance with [paragraph (c)](#c) of this section. - (b) **Creation of emission reduction credits.** - (1) Emissions reductions must be quantifiable through the use of standard emission factors or measurement techniques. If non-standard factors or techniques to quantify the emissions reductions are used, the Federal agency must receive approval from the State or tribal agency responsible for the implementation of the SIP or TIP and from EPA's Regional Office. The emission reduction credits do not have to be quantified before the reduction strategy is implemented, but must be quantified before the credits are used in the General Conformity evaluation. - (2) The emission reduction methods must be consistent with the applicable SIP or TIP attainment and reasonable further progress demonstrations. - (3) **The emissions reductions cannot be required by or credited to other applicable SIP or TIP provisions.** - (4) Both the State or Tribe and Federal air quality agencies must be able to take legal action to ensure continued implementation of the emission reduction strategy. In addition, private citizens must also be able to initiate action to ensure compliance with the control requirement. - (5) The emissions reductions must be permanent or the timeframe for the reductions must be specified. - (6) The Federal agency must document the emissions reductions and provide a copy of the document to the State or tribal air quality agency and the EPA regional office for review. The documentation must include a detailed description of the emission reduction strategy and a discussion of how it meets the requirements of [paragraphs (b)(1) through (5)](#b-1..b-5) of this section. - (c) **Use of emission reduction credits.** The emission reduction credits created in accordance with [paragraph (b)](#b) of this section can 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 can be used to reduce the total direct and indirect emissions used to determine the applicability of the regulation as required in [§ 93.153](/cfr/40/93.153.md) and as offsets or mitigation measures required by [§ 93.158](/cfr/40/93.158.md). - (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 cannot be used to reduce the total direct and indirect emissions used to determine the applicability of the regulation as required in [§ 93.153](/cfr/40/93.153.md), but can be used to offset or mitigate the emissions as required by [§ 93.158](/cfr/40/93.158.md). - (3) Emissions reductions credits must be used in the same year in which they are generated. - (4) Once the emission reduction credits are used, they cannot be used as credits for another conformity evaluation. However, unused credits from a strategy used for one conformity evaluation can be used for another conformity evaluation as long as the reduction credits are not double counted. - (5) Federal agencies must notify the State or tribal air quality agency responsible for the implementation of the SIP or TIP and EPA Regional Office when the emission reduction credits are being used.