Current through Register Vol. 25-06, March 15, 2025
(1) The ratio of total actual emissions
reductions to the emissions increase shall be 1.1:1 unless an alternative ratio
is provided for the applicable nonattainment area in subsection (2) through (4)
of this section.
(2) In meeting the
emissions offset requirements of WAC
173-400-830 for ozone
nonattainment areas that are subject to sections 181-185B of the Federal Clean
Air Act, the ratio of total actual emissions reductions of VOC to the emissions
increase of VOC shall be as follows:
(a) In
any marginal nonattainment area for ozone - 1.1:1;
(b) In any moderate nonattainment area for
ozone -1.15:1;
(c) In any serious
nonattainment area for ozone - 1.2:1;
(d) In any severe nonattainment area for
ozone - 1.3:1; and
(e) In any
extreme nonattainment area for ozone - 1.5:1.
(3) Notwithstanding the requirements of
subsection (2) of this section for meeting the requirements of WAC
173-400-830, the ratio of total
actual emissions reductions of VOC to the emissions increase of VOC shall be
1.15:1 for all areas within an ozone transport region that is subject to
sections 181-185B of the Federal Clean Air Act, except for serious, severe, and
extreme ozone nonattainment areas that are subject to sections 181-185B of the
Federal Clean Air Act.
(4) In
meeting the emissions offset requirements of this section for ozone
nonattainment areas that are subject to sections 171-179b of the Federal Clean
Air Act (but are not subject to sections 181-185B of the Federal 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 1.1:1.
(5) Emission offsets used
to meet the requirements of WAC
173-400-830(1)(e),
must be for the same regulated NSR pollutant.
(6) If the offsets are provided by another
source, the reductions in emissions from that source must be federally
enforceable by the time the order of approval for the new or modified source is
effective. An emission reduction credit issued under WAC
173-400-131 may be used to
satisfy some or all of the offset requirements of this subsection.
(7) Emission offsets are required for the
incremental increase in allowable emissions occurring during startup and
shutdown operations at the new or modified emission units subject to
nonattainment area major new source review. The incremental increase is the
difference between the allowable emissions during normal operation and the
allowable emissions for startup and shutdown contained in the nonattain-ment
new source review approval.
(8)
Emission offsets including those described in an emission reduction credit
issued under WAC
173-400-131, must meet the
following criteria:
(a) The baseline for
determining credit for emissions reductions is the emissions limit under the
applicable state implementation plan in effect at the time the notice of
construction application is determined to be complete, except that the offset
baseline shall be the actual emissions of the source from which offset credit
is obtained where:
(i) The demonstration of
reasonable further progress and attainment of ambient air quality standards is
based upon the actual emissions of sources located within the designated
nonattainment area; or
(ii) The
applicable state implementation plan does not contain an emissions limitation
for that source or source category.
(b) Other limitations on emission offsets.
(i) Where the emissions limit under the
applicable state implementation plan allows greater emissions than the
potential to emit of the source, emissions offset credit will be allowed only
for control below the potential to emit;
(ii) For an existing fuel combustion source,
credit shall be based on the allowable emissions under the applicable state
implementation plan for the type of fuel being burned at the time the notice of
construction application is determined to be complete. If the existing source
commits to switch to a cleaner fuel at some future date, an emissions offset
credit based on the allowable (or actual) emissions reduction resulting from
the fuels change is not acceptable, unless the permit or other enforceable
order is conditioned to require the use of a specified alternative control
measure which would achieve the same degree of emissions reduction should the
source switch back to the higher emitting (dirtier) fuel at some later date.
The permitting authority must ensure that adequate long-term supplies of the
new fuel are available before granting emissions offset credit for fuel
switches;
(iii) Emission
reductions.
(A) Emissions reductions achieved
by shutting down an existing emission unit or curtailing production or
operating hours may be generally credited for offsets if:
(I) Such reductions are surplus, permanent,
quantifiable, and federally enforceable; and
(II) The shutdown or curtailment occurred
after the last day of the base year for the SIP planning process. For purposes
of this subsection, the permitting authority may choose to consider a prior
shutdown or curtailment to have occurred after the last day of the base year if
the projected emissions inventory used to develop the attainment demonstration
explicitly includes the preshutdown or precurtailment emissions from the
previously shutdown or curtailed emission units. However, in no event may
credit be given for shutdowns that occurred before August 7, 1977.
(B) Emissions reductions achieved
by shutting down an existing emissions unit or curtailing production or
operating hours and that do not meet the requirements in subsection
(8)(b)(iii)(A) of this section may be generally credited only if:
(I) The shutdown or curtailment occurred on
or after the date the construction permit application is filed; or
(II) The applicant can establish that the
proposed new emissions unit is a replacement for the shutdown or curtailed
emissions unit, and the emissions reductions achieved by the shutdown or
curtailment met the requirements of (7)(b)(iii) (A)(I) of this
section.
(iv)
All emission reductions claimed as offset credit shall be federally
enforceable;
(v) Emission
reductions used for offsets may only be from any location within the designated
nonattainment area. Except the permitting authority may allow use of emission
reductions from another area that is nonattainment for the same pollutant,
provided the following conditions are met:
(A)
The other area is designated as an equal or higher nonattainment status than
the nonattainment area where the source proposing to use the reduction is
located; and
(B) Emissions from the
other nonattainment area contribute to violations of the standard in the
nonattainment area where the source proposing to use the reduction is
located.
(vi) Credit for
an emissions reduction can be claimed to the extent that the reduction has not
been relied on in issuing any permit under
40 C.F.R.
52.21 or regulations approved pursuant to 40
C.F.R. Part 51, subpart I or the state has not relied on it in demonstration of
attainment or reasonable further progress.
(vii) The total tonnage of increased
emissions, in tons per year, resulting from a major modification that must be
offset in accordance with Section 173 of the Federal Clean Air Act shall be
determined by summing the difference between the allowable emissions after the
modification and the actual emissions before the modification for each
emissions unit.
(9) No emissions credit may be allowed for
replacing one hydrocarbon compound with another of lesser reactivity, except
for those compounds listed in Table 1 of EPA's "Recommended Policy on Control
of Volatile Organic Compounds" (42 FR 35314, July 8, 1977). This document is
also available from Office of Air Quality Planning and Standards, (MD-15)
Research Triangle Park, NC 27711.
Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order
11-10), § 173-400-840, filed 11/28/12, effective 12/29/12; 11-06-060 (Order
09-01), § 173-400-840, filed 3/1/11, effective
4/1/11.
