Sec. 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.