Section 096-113-1 - Applicability and ExemptionsA.Applicability(1) The following types of stationary sources that seek to locate or expand within the geographical bounds of a nonattainment area, would have a significant impact in a nonattainment area, or seek to locate or expand within the Ozone Transport Region (concerning ozone precursor pollutants only) must obtain offset credits as provided for in this Chapter:(a) Any new source or proposed new source that has the potential to emit significant emissions of the nonattainment pollutant or its precursor(s) after application of Lowest Achievable Emission Rate (LAER);(b) Any existing major source proposing a modification that would result in a significant emissions increase of the nonattainment pollutant or its precursor(s) after application of LAER;(c) Any existing minor source proposing a modification that would result in an increase of the source's potential to emit the nonattainment pollutant or its precursor(s) by a level of significant emissions after application of LAER; or(d) Any source for which (b) or (c) above occurs after August 7, 1980, because of the relaxation of a license requirement or federally enforceable limitation on the capacity of the source to otherwise emit a pollutant, such as a restriction on hours of operation.(2) Sources that seek to voluntarily generate and/or trade offset credits will be subject to provisions in this Chapter pertaining to generation of offset credits.(3) In cases where emission reductions have occurred through facility shutdown and for which the certification process has not been initiated by either the licensee or the Department, an applicant proposing a major new source or major modification in Maine may request certification of those reductions for use as offset credits in the licensing of the major new source or major modification through the applicable process as established in this Chapter.B.Exemptions(1) Offsets for nitrogen oxides (NOx) emissions are not required in those areas that have received a NOxwaiver under Section 182(f) of the Clean Air Act.(2) Provisions in Section 4 of this Chapter will not apply to offset credits generated in states other than Maine, with the exception of provisions contained in Section 4(A)(2).06- 096 C.M.R. ch. 113, § 1