N.H. Code Admin. R. Env-A 618.07

Current through Register No. 25, June 20, 2024
Section Env-A 618.07 - Emissions Offset Requirements
(a) The baseline for an emission offset shall be the actual emissions of the source from which the offset credit is to be obtained.
(b) Offset credit shall not include:
(1) Any reductions from compliance, or scheduled compliance, with applicable rules in effect prior to the permit application of the new or modified source;
(2) Reductions required to meet RACT or acid deposition provisions of the Act, as stipulated in the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13553, III.G.2.e; or
(3) Reductions required to meet any other provisions of Env-A 100 et seq. and the Act.
(c) Emissions offsets shall achieve, at a minimum, a ratio of total actual emissions reductions to emissions increases of at least 1:1, except as listed in Table 618-1, below, subject to the notes in (d), below:

Table 618-1 NSR Offset Ratio Requirements for 8-hour Ozone Nonattainment Designations

Nonattainment ClassificationNOx Offset Ratio RequirementVOC Offset Ratio Requirement
Transitional/Submarginal 1:11:1
Marginal 1.1:11.1:1
Moderate 1.15:11.15:1
Ozone Transport Region 1.15:11.15:1
Serious 1.2:11.2:1
Severe 1.3:1 1.3:1
Extreme 1.5:1 1.5:1

(d) The following shall apply to table 618-1:
(1) In accordance with 40 CFR Part 51 Appendix S, Paragraph IV.G, in any severe nonattainment area for ozone, the NOx and VOC offset ratios shall be at least 1.3:1, except that the ratios may be at least 1.2:1 if the department also requires all existing major sources in such nonattainment area to use best available control technology (BACT) for the control of NOx and VOC; and
(2) In accordance with 40 CFR Part 51 Appendix S, Paragraph IV.G, in any extreme nonattainment area for ozone, the NOx and VOC offset ratios shall be at least 1.5:1, except that the ratios may be at least 1.2:1 if the department also requires all existing major sources in such nonattainment area to use BACT for the control of NOx and VOC.
(e) Emissions offsets shall be obtained from offset sources that are located:
(1) Within the OTR for NOx and VOC; and
(2) For all other pollutants, within the same nonattainment area or within another area of equal or higher nonattainment classification, subject to the provisions of (f), below.
(f) The owner or operator of a source seeking to obtain emissions offsets from offset sources located in the areas specified in (e)(2), above, shall demonstrate that the emissions from the nonattainment area in which the offset source is located contribute to a violation of the national ambient air quality standard in the nonattainment area in which the new or modified source is seeking to locate.
(g) Offsets obtained outside New Hampshire shall be subject to the approval of the state or governing jurisdiction in which the offset source is located, as ensured by a federally enforceable permit, or other federally enforceable document.

N.H. Code Admin. R. Env-A 618.07

#7879, eff 4-26-03 (formerly Env-A 622.07); 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 (Env-A 618.04)