Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-7 - Baseline for Determining Credit for Emission Offsets7.1. For major stationary sources and major modifications subject to subsections 3.1 and 3.2 the baseline for determining credit for emissions reductions is the emission limit in effect at the time the application for a permit to construct under section 14 is filed, except that the offset baseline shall be the actual emissions of the source from which the offset credit is obtained where: 7.1.a. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area; or7.1.b. The applicable regulation does not contain an emission limitation for a source or source category, the emission offset baseline involving such sources shall be the actual emissions.7.2. Where an applicable emission limit allows greater emissions than the potential to emit of the source, emission offset credit will be allowed only for control below this potential.7.3. For an existing fuel combustion source, credit shall be based on the allowable emissions for the type of fuel being burned at the time the permit to construct application under section 14 is filed. If the existing source commits to switch to a cleaner fuel at some fixture date, emission offset credit based on the allowable or actual emissions for the fuels involved is not acceptable, unless the permit is conditioned to require use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The applicant shall ensure that adequate long-term supplies of the new fuel are available before emission offset credit for fuel switches may be granted.7.4. Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be generally credited for offsets if they meet the following requirements:7.4.a. Such reductions are surplus, permanent, quantifiable, federally enforceable.7.4.b. The shutdown or curtailment occurred on or after the date specified in the attainment plan, and if such date is on or after the date of the most recent emission inventory used in the attainment demonstration. Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration shall apply. However, no may credit be given for shutdowns which occurred prior to August 7, 1977.7.5. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in subdivision 7.4.b may be generally credited only if:7.5.a. The shutdown or curtailment occurred on or after the date the construction permit application is filed, or7.5.b. The applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirements of subdivision 7.4.a.7.6. No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of USEPA's "Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977).7.7. All emission reductions claimed as offset credit shall be federally enforceable.