New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 231 - NEW SOURCE REVIEW FOR NEW AND MODIFIED FACILITIES › Subpart 231-10 - Emission Reduction Credits (ERCs) › Section 231-10.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 ERC may be used in a net emission increase determination, internal offset, or
					 as an emission offset.
(b) An ERC
					 may be used as an internal offset or emission offset, as applicable, without
					 time limit or restriction within New York State. In another state in the ozone
					 transport region, an ERC may be used as an emission off set in accordance with
					 that state 's requirements if New York State h as established a reciprocal
					 trading agreement with that state.
(c) An ERC, to be used for purposes of
					 netting, must be the same regulated NSR contaminant as the emission increase
					 requiring the ERC.
(d) An ERC, to
					 be used as an offset, must be the same regulated NSR contaminant as the
					 emission increase requiring the ERC unless a precursor is allowed under
					 sections
					 231-5.5
					 or
					 231-6.6 
					 of this Part.
(e) In areas where
					 NOx is a regulated precursor for ozone and PM-2.5,
					 NOx offsets that occurred on or after April 5, 2005 and
					 meet all applicable location requirements can be used to offset
					 NOx emissions in both ozone and PM-2.5 nonattainment
					 areas, with the amount of offsets required determined by the higher of the
					 applicable offset ratios.
(f) An ERC
					 may include emission reductions from control or elimination of fugitive
					 emissions, provided these emissions are contained in the New York State
					 emissions inventory.
(g) An ERC, or
					 portion thereof, which was used to avoid a determination of a significant net
					 emission increase, as an internal offset, or as an emission offset cannot
					 subsequently be used for demonstrating attainment with ambient air quality
					 standards or reasonable further progress in a federally approved SIP.
(h) An ERC, or portion thereof, which was
					 used to avoid a determination of a significant net emission increase, cannot
					 subsequently be used as an internal offset, emission offset, or in any
					 subsequent netting determinations.
(i) An ERC, or portion thereof, which was
					 used as an internal offset or an emission offset cannot be used again for any
					 purpose.
(j) An ERC of
					 NOx, P M -10, or VOC used as an emission off set or for
					 netting, for compliance with Subpart 231-5 or 231- 6 of this Part, must have
					 physically occurred on or after November 15, 1990.
(k) An ERC of PM-2.5 or
					 SO2 used as an emission offset or for netting, for
					 compliance with Subpart 231-5 or 231- 6 of this Part, must have physically
					 occurred on or after April 5, 2005.
(l) An ERC used as an internal offset for
					 NOx or VOC emissions must have physically occurred on or
					 after November 15, 1990 but need not be contemporaneous.
(m) The department will approve applications
					 for ERCs submitted on or after the effective date of this regulation on an
					 emission source basis. Applications submitted prior to the effective date of
					 this regulation will be processed according to the provisions of Subpart 231-2
					 of this Part.
(n) ERCs may be
					 created from past or future emission reductions resulting from facility
					 shutdown, emission source shutdown, curtailment, emission source reduction,
					 over control of emissions beyond an applicable limit, or any other reduction
					 mechanism acceptable to the department.
(o) The department may approve future
					 emission reductions only if they are designated for a specific facility. The
					 facility seeking to establish the future emission reductions must submit an
					 application to the department for modification of its Part 201 permit. The
					 permit of the facility proposing to use the future emission reductions must
					 identify the source(s) of the reductions. The permit of the facility
					 establishing the future emission reductions is subject to modification by the
					 department to remove the approval of the future emission reductions if the
					 facility proposing to use the future emission reductions does not commence
					 construction within the time period specified in this Part, or if the applicant
					 notifies the department of its intent to abandon the proposed new or modified
					 facility and the applicant surrenders the permit prior to commencement of
					 operation.
(p) Emission reductions
					 resulting from the shutdown of an unpermitted emission source which was subject
					 to the requirement to obtain a permit pursuant to Part 201 of this Title will
					 not be certified as ERCs.
(q)
					 Unpermitted emission sources that are operational may be considered for ERCs in
					 accordance with this Part subsequent to being permitted in accordance with Part
					 201 of this Title.