- (a) The owner or operator of a new or modified major stationary source may comply with any offset requirement for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant or precursor of such air pollutant from the same source or other sources in the same nonattainment area.
- (b) An owner or operator of a new or modified major stationary source may obtain such emission reductions in another nonattainment area if the other area has an equal or higher nonattainment classification than the area in which the source is located and emissions from such other area contribute to a violation of the national primary ambient air quality standard in the nonattainment area in which the source is located.
- (c) Emissions reductions shall be, by the time a new or modified major stationary source commences operation, in effect and enforceable and shall assure that the total tonnage of increased emissions of the relevant air pollutant from the new or modified source shall be offset by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the nonattainment area.
(d)
- (1) Emissions reductions required by the Clean Air Act shall not be creditable as emissions reductions for purposes of any such offset requirement.
- (2) Incidental emission reductions which are not otherwise federally required shall be creditable as emissions reductions.
- (e) For areas of Crittenden County outside zones targeted for economic development, the ratio of total emission reductions of volatile organic compounds and oxides of nitrogen to total increased emissions of such air pollutants shall be at least one and one-tenth to one (1.1:1).
Codification Notes: The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.