Section R307-403-5 - Offsets: Particulate Matter Nonattainment Areas(1) PM10 Nonattainment Areas. (a) In addition to the general offsetting requirements of R307-403-4, as they apply to new major sources and major modifications as defined in R307-403-2(10)(b), new sources which have a potential to emit, or modified sources which would produce an emission increase equal to or exceeding the tonnage total of combined PM10, sulfur dioxide, and oxides of nitrogen listed below which are located in or impact a PM10 Nonattainment Area as defined in R307-403-5(1)(e), shall obtain an enforceable offset as defined in R307-403-5(1)(b) and R307-403-5(1)(c). (b) For a total of 50 tons/year or greater, an offset established at a ratio of 1.2:1 of the emission increase is required.(c) For a total of 25 tons/year but less than 50 tons/year, an offset established at a ratio of 1:1 of the emission increase is required.(d) For the offset determinations required in R307-403-5(1) (b) or R307-403-5(1)(c), PM10, sulfur dioxide, and oxides of nitrogen shall be considered on an equal basis. In areas where offsets are also required for PM2.5, and/or ozone, the most stringent emission offset ratio for oxides of nitrogen required by R307-403 or R307-420 shall apply.(e) For the purpose of determining whether the owner or operator which proposes to locate a source outside a nonattainment area is required to obtain offsets, the maximum allowable impact on any nonattainment area is 1.0 microgram/cubic meter for a one-year averaging period and 3.0 micrograms/cubic meter for a 24-hour averaging period for any combination of PM10, sulfur dioxide and nitrogen dioxide.(2) PM2.5 Nonattainment Areas. (a) In addition to the general offsetting requirements of R307-403-4, new major sources or major modifications to existing sources which are located in, or would impact a PM2.5 nonattainment area as defined in R307-403-3(1), shall obtain an enforceable offset as defined in R307-403-5(2)(d) through (f).(b) a major source is: (i) in a moderate nonattainment area, any stationary source of air pollutants which emits or has the potential to emit 100 tons per year or more of direct PM2.5, or any individual PM2.5 precursor as defined in R307-403-1(4)(c).(ii) in a serious nonattainment area, any stationary source of air pollutants which emits or has the potential to emit 70 tons per year or more of direct PM2.5, or any individual PM2.5 precursor as defined in R307-403-1(4)(c).(iii) any physical change that would occur at a source not qualifying under R307-403-5(2)(b)(i) or R307-403-5(2)(b)(ii) as a major source, if the change would constitute a major source by itself.(c) For the purposes of determining what is a significant emission increase or a significant net emission increase and therefore a major modification, significant means a rate of emissions that would equal or exceed 10 tons per year (tpy) of direct PM2.5, 40 tpy of sulfur dioxide, 40 tpy of nitrogen oxides, or 40 tpy of volatile organic compounds (VOC). In PM2.5 nonattainment areas where ammonia has not been exempted as a PM2.5 precursor, the rate of emissions that is significant is specified in R307-403-1(4)(b).(d) Any increase in emissions that has been determined to require offsets shall be offset at a ratio of no less than 1:1. If the quantity of offsets is determined to be a non-whole number, the offset required shall be rounded up to the next whole number.(e) If offsetting requirements for PM10 and/or ozone are also triggered, the most stringent emission offset ratio required by R307-403 or R307-420 shall apply.(f) Offsets may not be traded between pollutants.Utah Admin. Code R307-403-5
Amended by Utah State Bulletin Number 2018-17, effective 8/2/2018