Non-attainment provisions - location of offsetting emissions.

(A) Applicability. This Rule applies to any major stationary source or major modification that is to be constructed in an area designated in 40 CFR 81.355 as non-attainment for an air pollutant for which the major stationary source or major modification is major. (B) All regulated NSR pollutants as defined under Rule 102 of the RCAP. The owner or operator shall obtain creditable emission reductions of any regulated NSR pollutant from the same source or other sources in the same non-attainment area, except that the DNER may allow the owner or operator of a major stationary source to obtain such emission reductions in another non-attainment area if the following requirements are met: (1) The other non-attainment area has an equal or higher non-attainment classification, provided that the higher offset ratio is utilized, than the non-attainment area in which the major stationary source is located, and; (2) Emissions from such other non-attainment area contribute to a violation of the national ambient air quality standard in the non-attainment area in which the major stationary source is located. (C) Sulfur dioxide, particulate matter, PM₁₀, PM 2.5, lead and carbon monoxide. Since the air quality impact of sulfur dioxide, particulate matter, PM₁₀, PM 2.5, lead and carbon monoxide is site dependent, simple area wide mass emission offsets may not be appropriate. For these air pollutants, the DNER may require atmospheric dispersion modeling to ensure that the emission offsets provide a positive net air quality benefit. This modeling shall be conducted in accordance with the EPA's guidance.