Section Env-A 3103.07 - Limitations on GenerationA DER shall not be formed by emissions reductions of activities or source categories identified in this section:
(c) Modification or discontinuation of any activity that is otherwise in violation of any Federal, State or local law;(d) Emissions reductions required to comply with any provision under the Act for control of tropospheric ozone and Title IV of the Act, including but not limited to: (1) Administrative and judicial orders issued pursuant to enforcement actions;(2) Any provision of a Federal implementation plan; and(3) Requirements for reasonable further progress or attainment of the ozone NAAQS that are adopted into the New Hampshire Rules Governing the Control of Air Pollution, including but not limited to the reductions required by Env-A 1204 ("VOC RACT") and Env-A 1211 ("NOx RACT").(e) Emission reductions of hazardous air pollutants, as defined in section 112 of the Act, from application of a standard promulgated under section 112 of the Act.(f) Reductions credited or used under any other emissions trading program, including any mobile source averaging, banking, and trading program.(g) Emission reductions occurring at a source which received an alternative emission limitation to meet a State RACT requirement, except to the extent that the emissions are reduced below the level that would have been required had the alternative emission limitation not been issued.(h) Emission reductions generated prior to the start of the ozone season in 1995.(i) Any source subject to a RACT limit pursuant to the Act, Env-A 1204, or Env-A 1211, but with respect to which the State has not determined the RACT limit, until the State determines RACT through a permit or RACT Order.N.H. Code Admin. R. Env-A 3103.07
#6441, EXEMPT, eff 1-21-97