8 CAR § 43-310 – Offset requirements

(a) In meeting the emissions offset requirements of 8 CAR § 43-305 for ozone nonattainment areas that are subject to Subpart 2, Part D, Title I of the Clean Air Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:
1. (1) In any marginal nonattainment area for ozone, at least one and one-tenth to one (1.1:1);
2. (2) In any moderate nonattainment area for ozone, at least one and fifteen-hundredths to one (1.15:1);
3. (3) In any serious nonattainment area for ozone, at least one and two-tenths to one (1.2:1);
4. (4) In any severe nonattainment area for ozone, at least one and three-tenths to one (1.3:1) (except that the ratio may be at least one and two-tenths to one (1.2:1) if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and
5. (5) In any extreme nonattainment area for ozone, at least one and five-tenths to one (1.5:1) (except that the ratio may be at least one and two-tenths to one (1.2:1) if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC).
(b) Notwithstanding the requirements of subsection (a) of this section for meeting the requirements of 8 CAR § 43-305, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least one and fifteen-hundredths to one (1.15:1) for all areas within an ozone transport region that is subject to Subpart 2, Part D, Title I of the Clean Air Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to Subpart 2, Part D, Title I of the Clean Air Act.
(c) In meeting the emissions offset requirements of 8 CAR § 43-305 for ozone nonattainment areas that are subject to Subpart 1, Part D, Title I of the Clean Air Act (but are not subject to Subpart 2, Part D, Title I of the Clean Air Act, including eight-hour ozone nonattainment areas subject to 40 C.F.R. § 51.902(b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least one to one (1:1).

Codification Notes: The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.