Utah Admin. Code R307-424-3 - Offset Requirement: Mercury
Sources meeting the applicability requirements of R307-424-1 above and making application for an approval order under R307-401 shall, in addition to any other requirement for obtaining such approval order, obtain an enforceable offset for any potential increase in mercury emissions in accordance with the following:
(1) The
permitted increase in mercury emissions, considering the application of any
control method or device, shall be offset by mercury emission credits at a
ratio of 1 to 1.1 respectively.
(2)
The averaging period for such determinations shall be a 12-month
period.
(3) Mercury emission
credits must be obtained from an EGU located within the State of Utah,
excluding any EGU located on Indian lands within the State.
(4) To preserve reductions in mercury
emissions as credits for use in offsetting potential increases, the director
must identify such credits in an order issued pursuant to R307- 401 and shall
provide a registry to identify the person, private entity or governmental
authority that has the right to use or allocate the banked emission reduction
credits, and to record any transfers of, or liens on, these rights.
(5) Any emission offsets shall be enforceable
by the time a new or modified source commences construction, and, by the time a
new or modified source commences operation, any emission offsets shall be in
effect and enforceable.
(6) The
quantity of mercury emission reductions to be used for credit will be
determined in accordance with 40 CFR part 75, or will be based on the best
available data reported to the director. To the extent that the EGU has been
subject to the requirements of part 75, mercury emissions data shall be the
average of the 3 highest annual amounts over the most recent 5-year period.
Mercury emission reductions made prior to December 31, 1999 shall not be
creditable for such purpose.
(7)R307-424-3 shall not apply to any EGU for
which a valid approval order was issued prior to November 17, 2006.
Notes
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