Section Env-A 1301.02 - Applicability(a) The requirements in Env-A 1300, as effective on October 31, 2010, shall not relieve any source that was subject to any version of Env-A 1211 in effect from May 20, 1994 through October 30, 2010 from its obligation to have been in compliance with applicable rules then in effect.(b) Utility boiler(s) shall be subject to the requirements of Env-A 1303 if the combined maximum heat input rate of such boiler(s) exceeds 50 million British Thermal units (Btu) per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(c) Steam electric boiler(s) shall be subject to the requirements of Env-A 1304 if the combined maximum heat input rate of such boiler(s) exceeds 50 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(d) Industrial boiler(s) shall be subject to the requirements of Env-A 1305 if the combined maximum heat input rate of such boiler(s) exceeds 50 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(e) Stationary combustion turbine(s), except for stationary combustion turbines used as emergency generators, shall be subject to the requirements of Env-A 1306, if the combined theoretical potential emissions from all devices and processes located at the stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(f) Stationary internal combustion engine(s), except for stationary internal combustion engines used as emergency generators, shall be subject to the requirements of Env-A 1307 if the combined maximum heat input rate of such engine(s) exceeds 4.5 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(g) Asphalt plant rotary dryer(s) shall be subject to the requirements of Env-A 1308 if the combined maximum heat input rate of such dryer(s) exceeds 26.2 million Btu per hour at any time after December 31, 1989.(h) Incinerator(s), except for incinerators combusting sewage sludge, shall be subject to the requirements of Env-A 1309 if the combined processing capacity of such incinerator(s) exceeds 85 tons per day or more of waste at any time after December 31, 1989.(i) Wallboard dryer(s), calcining mill(s), calciner(s), and gypsum rock dryer(s) shall be subject to the requirements of Env-A 1310 if the combined theoretical potential emissions of such wallboard dryer(s), calcining mill(s), calciner(s), and gypsum rock dryer(s) equal or exceed 50 tons per calendar year of NOx at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.(j) If the combined theoretical potential emissions from all devices and processes located at a stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989, all stationary internal combustion engines or stationary combustion turbines used as emergency generators at that source which meet the permitting applicability levels specified in Env-A 607.01 shall be subject to the requirements of Env-A 1311 unless:(1) All such emergency generators are limited to less than 500 hours of operation during any consecutive 12-month period; and(2) The combined theoretical potential emissions of NOx from all such emergency generators are limited to less than 25 tons for any consecutive 12-month period by permit conditions.(k) Auxiliary boiler(s) shall be subject to the requirements of Env-A 1312 if the combined theoretical potential emissions from all devices and processes located at the stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989.(l) Any miscellaneous stationary source at a stationary source having combined theoretical potential emissions from all devices and processes which equal or exceed 50 tons per calendar year of NOx at any time after December 31, 1989 shall be subject to the requirements of Env-A 1313, except for NOx-emitting devices that have implemented Best Available Control Technology (BACT) for NOx, or Lowest Achievable Emission Rate (LAER) for NOx at any time after December 31, 1989 pursuant to a federally enforceable permit. Any device or group of devices at a stationary source which meet the applicability criteria of (b) through (k), above, shall be subject to the requirements of the applicable parts.(m) Any stationary source having combined theoretical potential emissions of 50 tons or more of NOx during any consecutive 12-month period but whose actual NOx emissions have not equaled or exceeded 50 tons during any consecutive 12-month period since January 1, 1989, shall be subject to the requirements of this chapter, unless the following requirements are met:(1) The combined actual NOx emissions from NOx emitting devices or processes are limited to less than 50 tons during any consecutive 12-month period by an enforceable permit or consent decree; and(2) The source has been and remains in compliance with the emission limit or operating conditions specified in a: a.Permit issued by the department or by EPA;b.Consent decree entered into with the department or EPA; or(n) Once a stationary source becomes subject to the requirements of this chapter, the source shall remain subject to these requirements even if emissions subsequently fall below the applicability levels specified in (b) through (l), above.(o) If a stationary source fails to comply with the emission limit or operating conditions of a permit or consent decree, or court order referred to in (m), above, the source shall immediately become subject to the applicable requirements of this chapter.N.H. Code Admin. R. Env-A 1301.02
(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10
Amended by Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12584, Effective 8/15/2018, Expires 8/15/2028.