Section Env-A 618.02 - Applicability(a) This part shall apply to each new major stationary source or major modification that is major for the following: (1) The pollutant for which the area in which the source is or would be located is designated nonattainment under 40 CFR § 81.330; or(2) NOx or VOC if the source is or would be located in the Northeast Ozone Transport Region (OTR), as defined in Env-A 618.03(b)(3).(b) Classification of a project relative to whether or not it is a major modification and therefore subject to this part pursuant to (a) above, shall be performed as described in 40 CFR § 51.165(a)(2)(ii)(A) through (F) and by taking the sum of the emissions increase from each emissions unit affected by the project.(c) In accordance with 40 CFR 51.165(a)(6), except as otherwise provided in 40 CFR 51.165(a)(6)(vi), the specific provisions of 40 CFR 51.165(a)(6)(i) through (v) shall apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a plant-wide applicability limit (PAL) as per Env-A 618.09) in circumstances where: (1) There is a reasonable possibility, within the meaning of 40 CFR 51.165(a)(6)(vi), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant; and(2) The owner or operator elects to use the method specified in paragraphs 40 CFR 51.165(a)(1) (xxviii)(B)(1) through (3) for calculating projected actual emissions.(d) If a source or modification is determined to be a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction of hours of operation, then the provisions of this part shall apply to the source or modification as though construction had not yet commenced on the source or modification.N.H. Code Admin. R. Env-A 618.02
#7879, eff 4-26-03 (formerly Env-A 621.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.01)
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12011, Effective 10/22/2016, Expires 10/22/2026.