N.Y. Comp. Codes R. & Regs. Tit. 6 § 231-5.5 - Emission offset requirements
(a) 'Emission offset applicability'.
(1) A proposed new facility which is subject
to this Subpart must offset its potential to emit for each nonattainment
contaminant for which it equals or exceeds the major facility
threshold.
(2) A proposed
modification to an existing non-major facility must offset its project emission
potential for each nonattainment contaminant for which the project emission
potential equals or exceeds the major facility threshold.
(b) 'Offset ratio'.
(1) An emission offset of VOC or
NOx as ozone precursors must exceed the corresponding
facility potential to emit or project emission potential (subsequent to
application of LAER), as appropriate, by the applicable offset ratio specified
in Subpart 231-13 of this Part. A greater offset ratio may be required, on a
case-by-case basis, to provide an acceptable contribution demonstration as set
forth in this section.
(2) An
emission offset of PM-10 must at least equal (offset ratio of one to one or
greater) the corresponding facility potential to emit or project emission
potential (subsequent to application of LAER), as appropriate, by the
applicable offset ratio specified in Subpart 231-13 of this Part. A greater
offset ratio may be required to provide a net air quality benefit as set forth
in this section.
(3) An emission
offset of PM-2.5 (including applicable precursors) must at least equal (offset
ratio of one to one or greater) the corresponding facility potential to emit or
project emission potential of the same pollutant (subsequent to application of
LAER), as appropriate, by the applicable offset ratio specified in Subpart
231-13 of this Part. A greater offset ratio may be required to provide a net
air quality benefit as set forth in this section.
(c) 'Use of an ERC as part of an emission
offset'. An ERC must meet the following conditions to be used as part of an
emission offset:
(1) for
NOx, P M -10, or VOC emissions, ERCs must have
physically occurred on or after November 15, 1990 but need not be
contemporaneous;
(2) for PM-2.5
(including applicable precursors) ERCs must have physically occurred on or
after April 5, 2005 but need not be contemporaneous;
(3) an ERC, or portion thereof, must be
included as a condition in the permit for the proposed new or modified facility
for which the reduction is used.
(d) 'Net air quality benefit and emission
offset location for PM-10, or PM-2.5 (including applicable precursors)'. An
emission offset of PM-10, or PM-2.5 (including applicable precursors) must
meet the following:
(1) Contribution
demonstration. An emission offset may be obtained from the same nonattainment
area in which a proposed new or modified facility is to be located. An emission
offset may also be obtained from other nonattainment areas of equal or higher
classification if emissions from such other areas contribute to a violation of
the NAAQS for PM-10 or PM-2.5, as applicable, in the nonattainment area where
the proposed new or modified facility is to be located. These other areas must
be determined in accordance with department approved modeling
procedures.
(2) Net air quality
benefit demonstration. As part of a permit application, the applicant must
submit an air quality impact evaluation for PM-10 and PM-2.5, as applicable, in
accordance with department approved modeling procedures. The ambient air
quality impact analysis must demonstrate that:
(i) the net impact of the proposed emissions
increase and the emission offset provides for a net benefit, on balance, in the
area affected by the proposed new or modified facility; and
(ii) for PM-10 and PM-2.5, the net impact in
no case exceeds an applicable significant impact level of section
231-12.6
of this Part.
(3)
Interstate offsets. An emission offset of PM-10 or PM-2.5 (including applicable
precursors), may be obtained from areas of equal or higher classification
located in another state, in accordance with department approved modeling
procedures, provided that an interstate reciprocal trading agreement is in
place and the requirements of paragraphs (1) and (2) of this subdivision are
met.
(e) 'Ozone
nonattainment and emission offset location'. Department approved modeling
procedures must be used by an applicant to find default acceptable VOC or
NOx offset source locations within New York State or to
perform a case specific contribution demonstration. An emission offset of VOC
or NOx is subject to the following:
(1) Proposed new or modified facility located
in an ozone nonattainment area.
(i)
Intrastate offset sources. An emission offset of VOC or
NOx must be obtained from:
('a') the same ozone nonattainment area; or
('b') other ozone nonattainment
areas of equal or higher classification, if emissions from such other areas
contribute to a violation of the NAAQS for ozone in the nonattainment area
where the proposed new or modified facility is to be
located.
(ii) Interstate
offset sources. An emission offset may be obtained from ozone nonattainment
areas of equal or higher classification in another state, if emissions from
such other areas contribute to a violation of the NAAQS for ozone in the
nonattainment area where the proposed new or modified facility is to be located
and an interstate reciprocal trading agreement is in place. Department approved
modeling procedures may be used by an applicant to perform a case specific
contribution demonstration.
(2) Proposed new or modified facility located
in an attainment area of the state within the ozone transport region. An
emission offset of VOC or NOx may be obtained from any
location within the ozone transport region within New York State. Such an
offset may also be obtained from another state in the ozone transport region,
provided that an interstate reciprocal trading agreement is in place.
Notes
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