125-J:1 Definitions. –
In this chapter:
I. "Actual emissions" means the rate, in tons per year, at which the device or source actually emitted a pollutant during calendar year 1990, or the average rate, in tons per year, at which the device or source actually emitted a pollutant during any 2-year period which precedes the date of application by no more than 5 years and which is representative of normal production rates, and which the department determines does not jeopardize any attainment demonstration under the Clean Air Act. Actual emissions shall be calculated using factors such as the source's actual operating hours, production rates, stack emissions rates, and types of materials processed, stored, or combusted during the applicable period.
II. "Allowable emissions" means the emission rate of a device or source calculated using the maximum rated capacity of the device or source, or, if applicable, federally enforceable limits which restrict the emission rate, operating rate, hours of operation, or any combination thereof, and the most stringent of the following:
(a) Any applicable standard set forth in 40 C.F.R. part 60 or 40 C.F.R. part 61;
(b) Any applicable New Hampshire state implementation plan emissions limitation, including a limitation with a future compliance date; or
(c) Any emissions rate specified as a condition of a federally enforceable permit issued by the department or EPA, including those with a future compliance date, or a federally enforceable emissions reductions credit certificate issued pursuant to an EPA-approved economic incentive program ("EIP").
III. "Area source" means stationary or non-road sources of emissions which are too small or too numerous to be individually included in a stationary source emissions inventory maintained by the department.
IV. "Attainment demonstration" means emissions reductions required to satisfy reasonable further progress and attainment of national ambient air quality standards under the Clean Air Act.
V. "Baseline emissions" means actual emissions or allowable emissions, whichever is less, as certified by the department.
VI. "Bubbling" means an alternate emissions control strategy where 2 or more existing devices or sources are placed under a hypothetical bubble which is regarded, for the purpose of achieving emissions reductions, as a single device or source.
VII. "Clean Air Act" or "CAA" means the Clean Air Act, 42 U.S.C. section 7401, et seq., as amended, and all final regulations adopted thereunder.
VIII. "Commissioner" means the commissioner of the department of environmental services.
IX. "Department" means the department of environmental services.
X. "Device" means "device which contributes to air pollution" as defined in RSA 125-C:2, VI.
XI. "Director" means the director of the division of air resources, department of environmental services.
XI-a. "Discrete emission reduction" or "DER" means an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).
XII. "Division" means the division of air resources, department of environmental services.
XII-a. "Emission budget" or "budget" means the numerical result in tons per season of NOx emissions which results from the application of the emission reduction requirement of the ozone transport commission memorandum of understanding dated September 27, 1994, and which is the maximum amount of NOx emissions which may be released from the budget sources collectively during a given control period.
XIII. "Emissions reduction credit certificate" means the document issued by the department certifying emissions reductions for use consistent with this chapter.
XIV. "Emissions reduction credits" or "ERCs" mean the actual air pollutant reductions from an emitting device or source that have been certified by the department as enforceable, permanent, quantifiable, real, and surplus. One ERC shall represent 2,000 pounds (1 ton) of emissions reduction per calendar year.
XV. "Enforceable" means those limitations and conditions on the operating rate, hours of operation, or types of materials processed, stored, or combusted of a source or device which are incorporated into a federally enforceable permit issued by the department or EPA, a federally enforceable emissions reduction credit certificate issued by the department pursuant to this chapter, or a revision to the SIP.
XVI. "EPA" means the United States Environmental Protection Agency.
XVII. "Federally enforceable" means all limitations and conditions which are enforceable by EPA, including those requirements developed pursuant to 40 C.F.R. parts 55, 60, 61 and 63; requirements within any applicable SIP, including a generic emissions trading program approved as an economic incentive program; requirements in operating permits issued pursuant to 40 C.F.R. part 70, 71, or 72; and any permit requirements established pursuant to 40 C.F.R. part 52.10, 52.21, or 40 C.F.R. part 55, or under regulations approved pursuant to 40 C.F.R. part 55 or 40 C.F.R. part 51, subpart I, including operating permits issued under an EPA approved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.
XVIII. "Mobile source" means on-road vehicles such as automobiles, trucks, and motorcycles and non-road vehicles such as trains, airplanes, agricultural equipment, construction vehicles, off-road recreational vehicles and motorcycles, and boating vessels.
XIX. "Netting" means the process of determining whether a net emissions increase of a state or federally regulated pollutant at an existing major source will result from a proposed physical change or change in the method of operation. Netting is used to determine whether prevention of significant deterioration (PSD) or nonattainment area new source review applies to modifications at existing sources.
XIX-a. "NOx budget allowance" means the limited authorization to emit one ton of NOx during a specified control period. All NOx budget allowances shall be allocated, transferred, or used as whole NOx budget allowances. To determine the number of whole allowances, the number of NOx budget allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.
XIX-b. "NOx budget source" means a fossil fuel fired boiler or indirect heat exchanger with a maximum rated heat input capacity of 250 MMBtu/Hour, or more; and all electric generating facilities with a rated output of 15 MW, or more. Any person who applies to opt into the NOx budget program shall be considered a NOx budget source upon acceptance of the application for opt-in.
XIX-c. [Repealed.]
XX. "Offset" means the use of an emissions reduction credit to compensate for emissions increases of a nonattainment pollutant from a new major stationary source or device or from a major modification to a stationary source or device subject to the requirements of the Clean Air Act.
XXI. "Permanent" means that the emissions reductions implemented for the generation and certification of an emissions reduction credit must be assured permanently through the issuance of a federally enforceable permit issued by the department or EPA, a federally enforceable emissions reduction credit certificate issued by the department, or a revision to the SIP.
XXII. "Person" means a person as defined in RSA 125-C:2, X who has been issued a permit by the department or the EPA, or a person as defined in RSA 125-C:2, X who owns, operates, or controls any area source, mobile source, or non-permitted source of air pollution for which reductions in pollutant emissions are eligible for certification under this chapter, or the state, except as provided in RSA 125-J:5, I and II.
XXIII. "Shutdown emissions credit" means emissions reduction credits acquired by the state through shutdown of devices and sources.
XXIV. "Quantifiable" means that the amount, rate, and characteristics of an ERC have been calculated in accordance with certified stack testing approved by the department, continuous emissions monitoring, or applicable control to technology guidance documents issued by EPA, or by any other method approved by the department and the EPA.
XXV. "Reasonably available control technology" or "RACT" means the lowest emission limitation that a source or device is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.
XXVI. "Real" means the reduction in baseline emissions from a device or source released into the air.
XXVII. "Shutdown" means the cessation of production operations by a person who owns, operates, or controls a device or source.
XXVIII. "Source" means any stationary building, structure, facility, or installation which emits or may emit any state or federally regulated air pollutant.
XXIX. "State implementation plan" or "SIP" means the most recently prepared plan or revision thereof required by the Clean Air Act, and rules adopted by the department and single source SIP revisions which have been approved by the EPA or submitted to EPA for approval as part of the SIP.
XXX. "Surplus" means emissions reductions achieved from baseline emissions which are not otherwise required under the Clean Air Act or by the SIP for compliance with any attainment demonstration under the Clean Air Act, or by any administrative or judicial order, consent agreement or enforcement action.
XXXI. "Transfer" means the conveyance of an emissions reduction credit certificate from one person to another person, with or without consideration.