N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-1.5 - Emission offsets
(a) An
applicant for a permit to construct for an air contamination source project
subject to this Subpart must provide emission offsets as part of the
application. Emission offsets are required for any air contaminant for which
the area is designated as a nonattainment area if the net increase in annual
actual emissions of that contaminant exceeds the de minimis emission limits
shown in section
231-1.9 of this
Subpart.
(b) Emission offsets must
be of the same contaminant. That is, only particulates can be used as offsets
for new particulate emissions, only sulfur dioxide can be used as offsets for
new sulfur dioxide emissions, and so on.
(c) Emission offsets must exceed the net
increase in annual actual emissions from the air contamination source
project.
(d) Only emission
reductions which occurred within five years prior to the date of submittal of a
complete application may be used as emission offsets.
(e) Emission offsets must be sufficient to
provide a net air quality benefit when offsets of particulates, sulfur dioxide,
carbon monoxide and/or nitrogen oxides are required. A net air quality benefit
is achieved when the air quality impact of the applicable air contamination
source project does not exceed the significant impacts shown in section
231-1.10 of this
Subpart.
(f) Emission offsets must
be real, permanent, and enforceable to the satisfaction of the
commissioner.
(g) If the applicable
air contamination source project is proposed in a nonattainment area for ozone,
emission offsets of volatile organic compounds are required. These may be from
any location within the same or a contiguous ozone nonattainment area in New
York State.
(h) Only reductions
which lower actual emissions from an air contamination source beyond levels
prescribed by applicable emission standards may be used as emission
offsets.
Notes
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