Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 113 - GROWTH OFFSET REGULATION › Section 096-113-3 - Use of Offset Credits

Current through 2024-29, July 17, 2024
A. Sources that
				meet the applicability requirements pursuant to Section
				1 of this Chapter must obtain offset
				credits for that nonattainment pollutant, or its precursors, as directed in
				Subsection 3(E) below.
B. The new
				source or modification may not commence operation until the Department has
				determined that emission reductions of the nonattainment pollutant have
				occurred and that all requirements of Section
				4 of this Chapter are met.
C. Offset credit reductions must be federally
				enforceable by the time the air emission license for the user is
				issued.
D. At a minimum, the total
				offset credits required shall be greater than the potential emission increase
				from a new major source or new major modification pursuant to this
				section.
E. Offset Credit
				Requirements
(1) Volatile Organic Compounds
				(VOC) and NOxOffset Credits
(a) VOC and NOxOffset
				Ratios. For a new major source or major modification subject to this Chapter,
				the offset ratio for VOC and NOxis based on the current
				ozone nonattainment area classification or other designation for the area in
				which the new major source or major modification will locate, and on the
				distance between the new major source or major modification and the source from
				which offset credits are obtained, as specified below. If the location of a new
				major source or major modification is subject to more than one classification,
				the more restrictive offset ratio shall apply.
(b) NOxoffset credits
				may be used to offset increased VOC emissions, and VOC offset credits may be
				used to offset increased NOxemissions, if approved by
				the EPA and the Department. In areas subject to a
				NOxwaiver under section 182(f) of the Clean Air Act,
				NOxcredits may be used to offset VOC emissions to the
				extent allowed under the Clean Air Act and upon written notification of
				approval from the EPA. The same number of offset credits must be obtained
				whether NOxor VOC credits are used. Approval by the
				Department will be based on whether the Department finds that the same
				estimated ozone reduction will be achieved whether VOC offset credits or
				NOxoffset credits are used.
(c) Location of Offset Credits for VOC and
				NOxOffset credits for VOC and
				NOxshall be obtained from sources in the same ozone
				designation area, except that such offset credits may be obtained from a source
				in another ozone designation area if the conditions of either (i) or (ii),
				whichever is relevant, are met:
(i) Locating
				in an Ozone Nonattainment Area: For a new major source or major modification
				subject to this Chapter locating in an ozone nonattainment area:
(a) The ozone nonattainment area from which
				offset credits are obtained has an equal or higher (i.e., more serious)
				nonattainment classification than the ozone nonattainment area in which the new
				major source or major modification subject to this Chapter is locating;
				and
(b) Emissions from the ozone
				nonattainment area from which offset credits are obtained contribute to a
				violation of a National Ambient Air Quality Standard in the ozone nonattainment
				area in which the new major source or major modification subject to this
				Chapter is locating;
(c) Offset
				credits are obtained based on the classification of the area in which the new
				major source or major modification is locating, per the minimum offset ratios
				listed below:
Ozone Classification for Area in Which New
							 Major Source or Major Modification is Locating
Minimum Offset Ratio
Serious nonattainment area
1.2 to 1
Moderate nonattainment area
1.15 to 1
Marginal nonattainment area
(not included in the OTR)
1.1 to 1
Areas within the OTR
1.15 to 1
(ii) Locating In an Ozone Attainment Area in
				the OTR: For a new major source or major modification subject to this Chapter
				locating in an ozone attainment area in the OTR, the source from which the
				offset credits are being obtained must be located in the OTR and may be located
				within another ozone attainment area or within an ozone nonattainment area if
				approved by the Department and EPA. Sources locating in an ozone attainment
				area within the OTR must obtain VOC offset credits at a ratio of 1.15 to 1.
A new major source or major modification subject to this
				  Chapter locating in an ozone attainment area that does not have a
				  NOx waiver under section 182(f) of the Clean Air Act
				  must obtain NOxoffset credits at a ratio of 1.15 to
				  1.