Non-attainment provisions - administrative procedures for emission offsets.

(A) Procedures for emission offsets. Emission offsets shall be proposed by the owner or operator of the proposed major stationary source. The emission reduction committed to must be enforceable by the DNER and under the Clean Air Act, and must be accomplished by the new major stationary source's start-up date. Where the new major stationary source is a replacement for a major stationary source that is being shut down in order to provide the necessary offsets, the DNER may allow up to 180 days for shakedown of the new major stationary source before the existing major stationary source is required to cease operation. (1) Major stationary source initiated emission offsets. The owner or operator of a major stationary source may propose emission offsets that involve the following: (a) Reductions from stationary sources controlled by the major stationary source owner or operator (internal emission offsets). (b) Reductions from neighboring stationary sources (external emission offsets). The owner or operator of the major stationary source does not have to investigate all possible emission offsets. As long as the emission offsets obtained represent reasonable progress toward attainment (in the DNER's judgment), they will be acceptable to the DNER. The DNER shall review and approve the emission offsets to assure that the emission offsets will be as effective as proposed by the Page 58 owner or operator of the major stationary source. An internal emission offset will be considered enforceable if it is made a Puerto Rico state implementation plan requirement by inclusion as a condition of the new major stationary source permit and the permit is forwarded to the United States Environmental Protection Agency. An external emission offset will not be enforceable unless the affected stationary source providing the emission reductions is subject to a new Puerto Rico state implementation plan requirement or federally enforceable construction permit condition or a permit condition legally and practicably enforceable by DNER to ensure that its emissions will be reduced by a specified amount in a specified time. Page 59