N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.9

Current through Register Vol. 46, No. 39, September 25, 2024

Section 231-2.9 - Emission offsets

(a) Emission offset applicability. For a proposed source project or proposed major facility which is subject to this Subpart for any nonattainment contaminant, the project emission potential or facility emission potential respectively shall be offset.

(b) Offset ratio.

(1) An emission offset of VOC or NO _x shall exceed the corresponding project emission potential or facility emission potential (subsequent to application of LAER or BACT), as appropriate, by the ratio amounts indicated in section 231- 2.12 of this Subpart.

(2) An emission offset of PM-10 or CO shall at least equal the corresponding project emission potential or facility emission potential (subsequent to application of LAER or BACT), as appropriate. A greater amount of offset may be required to provide a net air quality benefit as set forth in subdivision (d) of this section.

(c) Use of an ERC as part of an emission offset. An ERC shall meet the following conditions to be used as part of an emission offset:

(1) such an ERC shall have physically occurred on or after November 15, 1990 but need not be contemporaneous; and

(2) such an ERC, or portion thereof, shall be described as a special condition in the permit for the proposed source project or proposed major facility for which the reduction is used.

(d) Net air quality benefit and emission offset location for PM-10 or CO. An emission offset of PM-10 or CO shall meet the following:

(1) Contribution demonstration. The emission offset may be obtained from the same nonattainment area in which a proposed source project or proposed major 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 CO in the nonattainment area where the proposed source project or proposed major facility is to be located.

(2) Net air quality benefit demonstration. As part of a permit application, the applicant must submit an air quality impact evaluation which is acceptable to the department and demonstrates 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 source project or proposed major facility; and

(ii) the net impact in no case exceeds an applicable significant impact level of section 231-2.11 of this Subpart.

(3) Interstate offsets. An emission offset of PM-10 or CO from areas of equal or higher classification may be obtained from another state, 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. An emission offset of VOC or NO _x is subject to the following:

(1) Proposed source project or proposed major facility is located in an ozone nonattainment area.

(i) Intrastate offset sources. An emission offset of VOC or NO _x 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 source project or proposed major facility is to be located.

Appendix D or Air Guide 26 (or equivalent department policy) may be used by an applicant to find default acceptable VOC or NO _x offset source locations within New York State or to do a case specific contribution demonstration.

(ii) Interstate offset sources. An emission offset may be obtained from other 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 source project or proposed major facility is to be located and an interstate reciprocal trading agreement is in place. Appendix D of Air Guide 26 (or equivalent department policy) may be used by an applicant to do a case specific contribution demonstration.

(2) Proposed source project or proposed major facility located in an attainment area. An emission offset of VOC or NO _x may be obtained from any location within the ozone transport region. 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.9