Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 9 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region › Section 9VAC5-80-2120 - Offsets

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Owners shall comply with the offset requirements of this article by obtaining
					 emission reductions from the same source or other sources in the same
					 nonattainment area, except that for ozone precursor pollutants the department
					 may allow the owner to obtain such emission reductions in another nonattainment
					 area if (i) the other area has an equal or higher nonattainment classification
					 than the area in which the source is located and (ii) emissions from such other
					 area contribute to a violation of the ambient air quality standard in the
					 nonattainment area in which the source is located. By the time a new or
					 modified source begins operation, such emission reductions shall (i) be in
					 effect, (ii) be state and federally enforceable and (iii) assure that the total
					 tonnage of increased emissions of the air pollutant from the new or modified
					 source shall be offset by an equal or greater reduction, as applicable, in the
					 actual emissions of such air pollutant from the same or other sources in the
					 nonattainment area.
B. The (i)
					 ratio of total emission reductions of volatile organic compounds to total
					 increased emissions of volatile organic compounds or (ii) the ratio of total
					 emission reductions of nitrogen oxides to total increased emissions of nitrogen
					 oxides in ozone nonattainment areas designated in
					 9VAC5-20-204
					 shall be at least the following:
1. Nonattainment areas classified as
									 marginal
1.1 to one.
2. Nonattainment areas classified as
									 moderate
1.15 to one.
3. Nonattainment areas classified as
									 serious
1.2 to one.
4. Nonattainment areas classified as
									 severe
1.3 to one.
5. Nonattainment areas with any other
									 classification or no classification
1 to one.
The ratio of total actual emissions reductions of the
						nonattainment pollutant to the emissions increase shall be at least 1 to one
						unless an alternative ratio is provided above for the applicable nonattainment
						area designated in
						9VAC5-20-204.
C. Emission reductions otherwise
					 required by these regulations shall not be creditable as emissions reductions
					 for purposes of any such offset requirement. Incidental emission reductions
					 which are not otherwise required by these regulations shall be creditable as
					 emission reductions for such purposes if such emission reductions meet the
					 requirements of subsection A of this section.
D. The department will allow an owner to
					 offset by alternative or innovative means emission increases from rocket engine
					 and motor firing, and cleaning related to such firing, at an existing or
					 modified major source that tests rocket engines or motors under the following
					 conditions:
1. Any modification proposed is
					 solely for the purpose of expanding the testing of rocket engines or motors at
					 an existing source that is permitted to test such engines on November 15,
					 1990.
2. The source demonstrates to
					 the satisfaction of the department that it has used all reasonable means to
					 obtain and utilize offsets, as determined on an annual basis, for the emissions
					 increases beyond allowable levels, that all available offsets are being used,
					 and that sufficient offsets are not available to the source.
3. The source has obtained a written finding
					 from the U.S. Department of Defense, U.S. Department of Transportation,
					 National Aeronautics and Space Administration, or other appropriate federal
					 agency, that the testing of rocket motors or engines at the facility is
					 required for a program essential to the national security.
4. The owner will comply with an alternative
					 measure, imposed by the department, designed to offset any emission increases
					 beyond permitted levels not directly offset by the source. In lieu of imposing
					 any alternative offset measures, the department may impose an emissions fee to
					 be paid to the department which shall be an amount no greater than 1.5 times
					 the average cost of stationary source control measures adopted in that
					 nonattainment area during the previous three years. The department will utilize
					 the fees in a manner that maximizes the emissions reductions in that
					 nonattainment area.