Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-19-8 - Location of Emissions Offsets8.1. Emissions offsets shall be obtained from sources located as close to the proposed major stationary or major modified source site as possible. Except for ozone nonattainment areas, these emissions offsets must be obtained from the same nonattainment area as the proposed major source or major modification.8.2. The Secretary, by petition, may allow emissions offsets from sources located at greater distances from the proposed major stationary source or major modification provided that an adequate demonstration that nearby offsets were investigated and reasonable alternatives which provide a positive net air quality benefit are not available is submitted by the applicant, subject to the following provisions:8.2.a. Emission offsets for VOC or NOx will generally be acceptable from sources located within the same ozone nonattainment area or from other ozone nonattainment areas of equal or higher classification which can be shown to cause or significantly contribute to the ozone problem at the proposed new or modified source location; and8.2.b. Emission offsets for sources of sulfur dioxide (SO2), and fine particulate matter (PM2.5) shall be obtained from an existing or shutdown facility, on the same premises or in the immediate vicinity of the proposed source.8.3. If such allowance is granted, as provided for in subsection 8.2, the Secretary may increase the ratio of the required offsets for such source.8.4. In order to ensure that the emission offsets will provide a positive net air quality benefit, the Secretary may perform the necessary analysis or require the applicant to submit appropriate modeling results for review.8.5. The appropriate modeling referred to in subsection 8.4 is as follows: 8.5.a. For SO2 and PM2.5, the source's allowable emissions shall be used in an atmospheric simulation model to ensure that the emission offsets provide a positive net air quality benefit. It may, however, be assumed that if the emission offsets are obtained from an existing or shutdown source on the same premises or in the immediate vicinity of the proposed major stationary source or major modification and the pollutants disperse from substantially the same effective stack height, the air quality test of subdivision 4.1 .d will be met without the necessity of modeling. Thus, when stack emissions are offset against a ground level source at the same time, modeling would be required.8.5.b. Atmospheric simulation modeling for ozone impacts is not necessary for volatile organic compounds and NOx. For such pollutants, meeting the requirements of subdivisions 4.1.C and 8.2.a will be adequate.8.5.C. Proposed sources of VOC or NOx locating in a designated nonattainment area for ozone shall be subject to the provisions of section 4.8.5.d. Proposed VOC or NOx sources locating within thirty-six (36) hours travel time (under wind conditions associated with concentrations exceeding the NAAQS for ozone) of a nonattainment monitor are subject to section 4.8.6. Credit for an emissions reduction can be claimed to the extent that the Secretary has not relied on it in issuing any permit under 45CSR14 or 45CSR19 or the Secretary has not relied on it in a demonstration of attainment or reasonable further progress.8.7. The total amount of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.