Section Env-A 3006.06 - Prohibited UseStationary sources shall not use ERCs to meet the standards or the requirements of:
(a) Federal New Source Performance Standards (NSPS);(b) National Emission Standards for Hazardous Air Pollutants (NESHAPS);(c) The requirements for Lowest Achievable Emission Rates (LAER);(d) The requirements for Best Available Control Technology (BACT);(e) The requirements for Maximum Available Control Technology (MACT);(f) Any National Ambient Air Quality Standard (NAAQS) for criteria pollutants, except ground level ozone;(g) Any Prevention of Significant Deterioration (PSD) increment;(h) Any reduction required as the result of any state or federal enforcement action, consent agreement, or court order;(i) Emission reductions achieved by sources which received an alternative emission limitation in accordance with a state RACT requirement, except to the extent that the emissions are reduced below the level that would have been required had the alternative emission limitation not been issued;(j) Any Ambient Air Limit (AAL) for toxic pollutants; or(k) Any reduction required during an ozone season, unless the ERC was generated during an ozone season.N.H. Admin. Code § Env-A 3006.06
#6441, EXEMPT, eff 1-21-97