1. (a) In furtherance of RSA 125-C:11 and except as provided in (b) and (d), below, the provisions of 40 CFR §52.21(a)(2), (b) through (e), (h) through (k)(1), (l) through (p), (r), (v), (w), (aa), and (bb), and 40 CFR 51.165(b), July 1, 2016 edition, shall apply for the purpose of implementing a PSD permit program that meets the requirements of Title I of the Act.

2. (b) For the purposes of this part, the word “department” shall replace the word “administrator” in the paragraphs of 40 CFR §52.21 referenced in (a), above, except in the following paragraphs:

   1. (1) Paragraph (b)(17);
   2. (2) Paragraph (b)(37)(i);
   3. (3) Paragraph (b)(43);
   4. (4) Paragraph (b)(48)(ii)(c);
   5. (5) Paragraph (b)(50)(i);
   6. (6) Paragraph (b)(51);
   7. (7) Paragraph (l)(2); and
   8. (8) Paragraph (v).

3. (c) For the purpose of this part, the definitions contained in 40 CFR §52.21(b), shall apply with the following revisions:

   1. (1) For the purposes of calculating baseline actual emissions pursuant to 40 CFR §52.21(b)(48):

      1. a. The same consecutive 24-month period shall be used for all pollutants;
      2. b. The 24-month period shall be selected from the 5-year period immediately preceding the date the owner or operator begins actual construction of the project; and
      3. c. The department shall allow the use of a different time period up to 10 years immediately preceding the date the owner or operator begins actual construction of the project or allow use of a different consecutive 24-month period for different pollutants upon demonstration by the applicant that it is more representative of normal source operations.
4. (d) For the purposes of this part, the reference to Appendix W in 40 CFR 52.21(l) shall refer to the July 1, 2019 edition.

Source. #7879, eff 4-26-03 (formerly Env-A 623.03); ss by #9840, eff 12-21-10; ss by #10175, eff 9-1-12; ss by #12011, eff 10-22-16; ss by #13191, eff 4-21-21; ss by #13510, eff 12-17-22