CHAPTER
Env-A 400 ACID DEPOSITION CONTROL
PROGRAM
Statutory
Authority: RSA 125-D:3
PART
Env-A 401 PURPOSE; APPLICABILITY;
DEFINITIONS
Env-A 401.01 Purpose. The purpose of this chapter is to implement
RSA 125-D, the Acid Rain Control Act, so as to reduce
the adverse effects of acid deposition on ecosystems and public health by
reducing sulfur dioxide (SO2) emissions from
sulfur-emitting sources within
Source. #120, eff 8-31-73; ss by #721.5, eff 12-7-75;
ss by #718, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss
by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; EXPIRED 12-27-96
New. #6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97;
ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss by #8233, eff 12-22-04,
ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23
Env-A 401.02 Applicability. This chapter shall apply to all sources
currently in operation that emitted 100 tons or more of SO2 per year
on average during 1979 through 1982.
Source. #8233, eff 12-22-04 (from Env-A 402.01); ss
by #10288, eff 3-19-13; ss by #13641, eff 5-23-23
Env-A
401.03 Definitions. For purposes of this chapter, the following
definitions shall apply:
(a) “Average emission rate” means “average
emission rate” as defined in RSA 125-D:2, VII, reprinted in Appendix B;
(b)
“Baseline average emission rate” means “baseline average emission rate”
as defined in RSA 125-D:2, VIII, reprinted in Appendix B;
(c) “Baseline emissions” means “baseline
emissions” as defined in RSA 125-D:2, III,
reprinted in Appendix B;
(d) “Class A major source” means a source within
the group identified in RSA 125-D:3, I(a)(1), reprinted in Appendix B;
(e) “Class B major source” means a source within
the group identified in RSA 125-D:3, I(a)(2), reprinted in Appendix B; and
(f) “Maximum total heat input capacity” means
“maximum total heat input capacity” as defined in RSA
125-D:2, IX, reprinted in Appendix B.
Source. #10288, eff 3-19-13; ss by #13641, eff 5-23-23
PART Env-A 402 REQUIRED EMISSION REDUCTIONS
Env-A
402.01 Limitations on Percentage of
Baseline for Class A Major Sources. Pursuant to RSA 125-D:3, I(b), unless
otherwise authorized by RSA 125-D:3, I(f) relative to 2 or more sources under a single
ownership, the annual SO2 emissions from each class A
major source shall not exceed 75 percent of such source’s portion of the
baseline emissions.
Source. #120, eff 8-31-73; ss by #721.5, eff 12-7-75;
ss by #718, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss
by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; EXPIRED 12-27-96
New. #6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97;
ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233,
eff 12-22-04 (from Env-A 403.01); ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23
Env-A 402.02 Maximum
Total Emissions for Class B Major Sources.
Pursuant to RSA 125-D:3, I(c), for each running 4-year period the
combined SO2 emissions from all class B
major sources shall not exceed 75 percent of their combined baseline SO2 emissions.
Source. #10288, eff 3-19-13; ss by #13641, eff 5-23-23
Env-A 402.03 Limitations on Individual Sources for
Class B Major Sources. Pursuant to
RSA 125-D:3, I(e), unless otherwise authorized by RSA 125-D:3, I(f) relative to 2 or more
sources under a single ownership, each
class B major source shall have an average emission rate not
to exceed 1.6 pounds of SO2 per million BTU
heat input, equivalent to no. 6 oil with 1.5% sulfur by weight, which is 75 percent
of the baseline average emission rate for class B major sources.
Source. #10288, eff 3-19-13; ss by #13641, eff 5-23-23
PART Env-A 403 EMISSIONS FROM MULTIPLE SOURCES UNDER COMMON
OWNERSHIP
Env-A 403.01 Class
A Major Sources. Pursuant to RSA
125-D:3, I(f)(1), as an alternative to complying with the emissions reductions
specified in RSA 125-D:3, I(b) the owner or operator of 2 or more sources under
common ownership may combine the annual emissions of all such sources to
demonstrate that the total annual emissions of such sources do not exceed 75 percent
of their baseline emissions for class A major sources.
Source. #120, eff 8-31-73; ss by #721.5, eff 12-7-75;
ss by #718, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss
by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; EXPIRED 12-27-96
New. #6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97;
ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff
12-22-04; ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23
Env-A
403.02 Class B Major Sources. Pursuant to RSA 125-D:3, I(f)(2), as an
alternative to complying with the emissions reductions specified in RSA
125-D:3, I(e) the owner or operator of applicable sources under common
ownership may average the emission rates of all such sources on a BTU heat
input basis to demonstrate compliance with the average emission rate for class
B major sources.
Source. #6469-B, eff 3-5-97 (from Env-A 406); ss and
moved by #8233, eff 12-22-04; ss by #10288, eff 3-19-13;
ss by #13641, eff 5-23-23
PART Env-A 404 RECORDKEEPING AND REPORTING REQUIREMENTS
Env-A 404.01 Recordkeeping
Requirements. The owner or operator
of a source that is subject to this chapter shall comply with the recordkeeping
requirements specified in Env-A 903.03.
Source. #120, eff 8-31-73; ss by #721.5, eff 12-7-75;
ss by #718, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss
by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; EXPIRED 12-27-96
New. #6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97;
ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233,
eff 12-22-04 (from Env-A 405.01); ss by #10288, eff 3-19-13 (from Env-A 405.01);
ss by #13641, eff 5-23-23
Env-A 404.02 Reporting
Requirements. The owner or operator
of a source that is subject to this chapter shall comply with the reporting
requirements specified in Env-A 907.02.
Source. #6469-B, eff 3-5-97 (from Env-A 406); ss and
moved by #8233, eff 12-22-04 (from Env-A 405.02); ss by #10288, eff 3-19-13
(from Env-A 405.02); ss by #13641, eff 5-23-23
Appendix A: Statutes Implemented
Rule |
Specific State or Federal Statutes or Regulations
which the Rule is Intended to Implement |
Env-A 401 |
RSA 125-D:1; RSA 125-D:3 |
Env-A 402.01 |
RSA 125-D:3, I(b) |
Env-A 402.02 |
RSA 125-D:3, I(c) |
Env-A 402.03 |
RSA 125-D:3, I(e) |
Env-A 403.01 |
RSA 125-D:3, I(f)(1) |
Env-A 403.02 |
RSA 125-D:3, I(f)(2) |
Env-A 404 |
RSA 125-D:3, II(b); RSA
125-C:6, XI |
Appendix B: Statutory Definitions
RSA 125-D:2 Definitions. –
III. “Baseline
emissions” means the total sulfur dioxide emissions in tons per calendar year averaged
over the period 1979 through 1982 from all major sources.
VII. “Average
emission rate” means the weighted average on a BTU input basis of the emission
rates of a major source, all major sources under a single ownership, or some
other specified group of major sources during any calendar year. VIII. “Baseline average emission rate” means
the weighted average on a BTU input basis of the emissions rates of a specified
group of major sources over the period 1979 through 1982.
VIII. “Baseline average emission rate” means the weighted average on a BTU input basis of the emissions rates of a specified group of major sources over the period 1979 through 1982.
IX. “Maximum total heat input capacity”
means the designed gross heat input capacity of a major source in millions of
BTU per hour.
RSA 125-D:3
Acid Deposition Control Program. –
I. ...
(a) All major sources of sulfur dioxide in
operation during the baseline period shall be divided into 2 groups:
(1) Sources with a maximum total heat input
capacity equal to or greater than 1,000 MBTU/HR; or
(2) Sources with a maximum total heat input
capacity less than 1,000 MBTU/HR.