326 Ind. Admin. Code 2-3-5

Current through May 29, 2024

Section 326 IAC 2-3-5 - Location of offsetting emissions

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-15; IC 13-17

Sec. 5.

Emission offsets generally must be obtained by the same source or other existing sources in the same nonattainment area. However, the commissioner may allow offsets to be obtained in another nonattainment area under the following conditions:

(1) The other nonattainment area must have an equal or higher nonattainment classification than the nonattainment area in which the source would construct. This nonattainment classification must be for the same pollutant.

(2) The emissions from the other nonattainment area must contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source would construct.

However, it is desirable to obtain offset from sources located as close to the proposed new source site as possible. The applicant shall show that nearby offsets were investigated and reasonable alternatives were not available before offsets from sources at greater distances can be approved. In such cases, the commissioner may increase the ratio of the required offsets.

326 IAC 2-3-5

Air Pollution Control Division; 326 IAC 2-3-5; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2407; filed Nov 12, 1993, 4:00 p.m.: 17 IR 732