N.H. Code Admin. R. Env-A 3104.10

Current through Register No. 25, June 20, 2024

Section Env-A 3104.10 - Use Limitations

DERs shall not be used:

(a) Before acquisition by the user of the DERs;

(b) For netting or other means to avoid the applicability of NSR requirements;

(c) For NSR offsets or conformity purposes unless the requirements of part Env-A 3108 are met;

(d) To meet Act requirements for:

(1) New source performance standards (NSPS) under section 111;

(2) Lowest achievable emission rate (LAER) standards under section 173(a)(2);

(3) Best available control technology (BACT) standards under section 165(a)(4);

(4) Hazardous air pollutant (HAP) standards under section 112, including the requirements for Maximum Available Control Technology (MACT);

(5) Standards for solid waste combustion under section 129;

(6) Requirements for a vehicle inspection and maintenance program under sections 182(b)(4) or (c)(3);

(7) Requirements for an employer trip reduction program under section 182(d)(1)(B);

(8) Ozone control standards set under section 183;

(9) Clean fueled fleet requirements under section 246;

(10) Motor vehicle emissions standards under section 202;

(11) Standards for nonroad vehicles under section 213;

(12) Requirements for reformulated gasoline under section 211(k); or

(13) Requirements for Reid vapor pressure standards under section 211(h) and (i);

(e) State motor vehicle emission standards;

(f) NOx reductions shall not be exchanged for VOC increases, in a ratio other than 1:1, except when adequate prior analyses have been performed by the state which indicate that the nature of trades meeting specific criteria was consistent with expected lower ozone concentrations, in accordance with the following general criteria:

(1) Lower ozone concentrations shall be expected where the interpollutant trading involves excess NOx emission reductions in locations where ozone is limited by available NOx;

(2) These prior analyses may be performed by the State(s) or by others in support of one or more SIP's;

(3) Although a user may perform modeling analyses to support each proposed use of specific DERs, this shall not be required;

(4) In the event a user and generator were in different States, review responsibility shall be consistent with the policy on interstate trades; and

(5) Where such interpollutant trades are permitted by States, the distance and direction considerations pursuant to Env-A 3105 shall apply;

(g) To meet requirements during an ozone season unless the DER was generated during an ozone season; or

(h) To meet requirements contained in Title IV of the Act.

N.H. Code Admin. R. Env-A 3104.10

#6441, EXEMPT, eff 1-21-97