7 Del. Admin. Code § 101-9.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 101-9.0 - Offsets

9.1 Offset Proposal Requirements

9.1.1 Any application for a permit for an activity or facility that will result in any negative environmental impact shall contain an offset proposal for a project that benefits Delaware. Offset projects shall more than offset the negative environmental impacts associated with the proposed project or activity requiring a permit, including on an annual basis, if applicable. The applicant shall propose an offset project that is clearly and demonstrably more beneficial to the environment in Delaware than the harm done by the negative environmental impacts associated with the proposed project.

9.1.2 All applicants are required to more than offset the negative impacts of the project or activity that is the subject of the application for a permit. Applicants who have undertaken past voluntary improvements may be required to provide less of an offset than applicants without a similar record of past achievements.

9.1.3 An applicant shall propose an offset project that countervails the negative environmental impacts of the conversion project, matching its location, pollutant released, if applicable, environmental medium and timing as closely as practicable.

9.1.4 Offset proposals shall be well-defined and contain measurable goals or accomplishments which can be verified by a third-party or the Department.

9.1.5 If negative environmental impacts involve the release of a pollutant, the applicant shall attempt to offset the release by eliminating or obtaining credits for the release of the same pollutant, if practicable. If it is not practicable to eliminate or obtain a credit for the release of the same pollutant, the applicant may propose the elimination of a different pollutant that affects humans, wildlife or the environment in a way that is similar to the effects of the pollutant that will be released by the project.

9.1.6 An applicant may propose an offset project that affects a different environmental medium from that which will receive negative impacts only if it demonstrates to the satisfaction of the Department that it was not feasible to achieve an offset in the same environmental medium.

9.1.7 An applicant may propose an offset project at a location other than the project site only if it demonstrates to the satisfaction of the Department that it was not feasible to execute the offset on the project site.

9.1.8 Where an offset project in itself requires one or more permits from a program or programs within the Department, the Secretary shall issue the permit only after all applicable permit applications for offsetting projects have been received and deemed administratively complete by the Department.

9.2 Offset Proposal Contents. The applicant may provide whatever materials or evidence, in addition to the requirements of subsections 9.2.1 through 9.2.9, that are appropriate in order to furnish the Secretary with the information necessary for him to determine the adequacy of the offset proposal. The applicant must provide, at a minimum, the following information:

9.2.1 A qualitative and quantitative description of how the offset project will more than offset the negative impacts of the proposed project, including on an annual basis, if applicable.

9.2.2 How the permittee plans to perform or complete the offset, including a schedule for completion.

9.2.3 What the environmental benefits will be and when the permittee proposes to ensure their delivery.

9.2.4 How the offset will impact the attainment of the Department's environmental goals for the Coastal Zone and any environmental indicators used to assess long-term environmental quality within the zone.

9.2.5 What, if any, negative impacts are associated with the offset project or projects.

9.2.6 Scientific evidence, which may consist of peer-reviewed studies, models, or state, local or federal government publications concerning the efficacy of the offset project in producing its intended results.

9.2.7 How the applicant proposes to quantitatively and qualitatively measure the success or failure of the offset project in the short term and long term.

9.2.8 A monitoring schedule that describes a process for third-party verification of the offset project's operation, completion, and efficacy.

9.2.9 What, if any, public outreach about the proposed project has been done and what the results of the outreach are.

9.2.10 A description of the process the applicant used in identifying potential offset projects and the reason for any determination that it was not practicable to match the location, pollutant, or environmental medium of the proposed project's environmental impacts.

7 Del. Admin. Code § 101-9.0

23 DE Reg. 222 (9/1/2019) (final)