Section Env-A 3108.02 - Specific Requirements for NSR(a) The State shall approve the use of specific DERs that cover at a minimum 1 year of operation of the new or modified source in the NSR permit.(b) The NSR permit shall contain an enforceable requirement that the source obtain at least one additional year of offsets before continuing operation in each subsequent year.(c) The NSR permit shall contain an enforceable commitment that before receiving any operating permit or permit renewal, the operating permit shall contain an enforceable condition that the source shall obtain offsets for each subsequent year before continuing to operate in each subsequent year.(d) In addition to the complying with the requirements of Env-A 3105, pursuant to subsection 173(c)(1) of the Act, "the owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under" Title I Part D of the Act "for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the NAAQS" for ozone "in the nonattainment area in which the source is located".N.H. Admin. Code § Env-A 3108.02
#6441, EXEMPT, eff 1-21-97