Stationary 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.
Source. #6441, EXEMPT, eff 1-21-97