N.H. Code Admin. R. Env-A 1314.04

Current through Register No. 25, June 20, 2024
Section Env-A 1314.04 - Emissions Averaging for Multiple Sources Under Common Ownership
(a) For the purposes of this section, "bubble" means an option taken by the owner of 2 or more stationary sources to use emissions averaging so as to impose controls that are more stringent than RACT level on one or more emissions units at one or more of the owner's stationary sources while simultaneously imposing controls that are less stringent than RACT level on other emissions units at the same or other of the owner's stationary sources, including the option of no controls on such units, in order to achieve the same overall amount of emission reduction required by the state implementation plan (SIP) in a more cost effective manner.
(b) Emissions averaging shall be allowed for NOx emissions from 2 or more stationary sources only if all of the requirements of this section are met.
(c) All of the stationary sources to be included in the emissions averaging shall be:
(1) Located in New Hampshire; and
(2) Under the control of a single owner.
(d) Emissions averaging, including identifying allowable emission averaging periods, shall be done in accordance with EPA's emissions trading policy, as described at 51 FR 43814 and 51 FR 43850.
(e) Emission reduction credits generated for the purpose of emission averaging shall:
(1) Be real, surplus, permanent, quantifiable, federally-enforceable, and transferable within the bubble within a given calendar year; and
(2) Conform to 40 CFR 51.165, as revised June 28, 1989, RSA 125-J, Env-A 3000, and Env-A 3100.
(f) Emissions averaging shall be enforced by means of federally-enforceable conditions contained in the permits for the stationary sources issued by the department as a source-specific SIP revision, or by federally-enforceable permits issued by the department or EPA, for all stationary sources to be included in the averaging.
(g) The recordkeeping and reporting requirements for emission averaging shall:
(1) Be in accordance with Env-A 900; and
(2) Include a summary of the emissions, emissions reduction credit transfers, applicable transfer ratios, and adjusted emissions, after transfer, of each affected stationary source.
(h) Each stationary source to be included in the emissions averaging shall calculate the total allowable NOx emissions using the equation specified in Env-A 1314.05 for each 24-hour calendar day. Compliance with the NOx RACT weighted average allowable emission rate so calculated shall be based on the weighted average actual NOx emissions from the emissions unit(s) that are operating on a given day.
(i) Emission reduction credits generated from reductions at any stationary source included in emissions averaging may be used for compliance with the total allowable NOx emissions calculated pursuant to (h), above, by any other stationary source(s) within the bubble.
(j) The owner or operator of each stationary source to be included in the emissions averaging shall:
(1) Calculate daily emissions:
a.For those emissions units generating credits for the purpose of emissions averaging, based on the installation of CEMs in accordance with Env-A 1314.02; or
b.For those emissions units for which CEMs are not required under Env-A 1314.02, based on:
1.The worst case emission rate(s) for the device(s) or source(s) established through stack testing performed in accordance with Env-A 800 and approved by EPA; and
2.The hours of operation measured in accordance with a method approved by EPA; and
(2) Comply with the recordkeeping and reporting requirements specified in Env-A 900.

N.H. Code Admin. R. Env-A 1314.04

Derived From Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12584, Effective 8/15/2018, Expires 8/15/2028.