UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MA 02109-3912

Memorandum

Date: March 23, 2015

Subject: TECHNICAL SUPPORT DOCUMENT – State Implementation plan (SIP) Amendment 

revising New Hampshire’s PART Env-A 618 “Nonattainment New Source Review,”

PART Env-A 619 “Prevention of Significant Deterioration” and PART Env-A 101 

“Permit Definitions” rules 

From: Brendan McCahill, Environmental Engineer

Air Permits, Toxics and Indoor Programs Unit

To: Ida McDonnell, Manager

Air Permits, Toxics and Indoor Programs Unit

INTRODUCTION

On November 15, 2012, the New Hampshire Department of Environmental Services (NH DES) 

submitted State Implementation Plan (SIP) amendments that revised several portions of the state’s 

air permitting program including PART Env-A 618, “Nonattainment New Source Review,” PART 

Env-A 619, “Prevention of Significant Deterioration” program and PART Env-A 101, “Permit 

Definitions.” Among other things, the revisions make the NH DES’s NNSR and PSD program rules 

consistent with the federal New Source Review regulations. The amendments also make changes to 

two permit definitions identified in NH DES’s PART Env-A 101, “Permit definition” rule that are 

consistent with federal Clean Air Act (CAA) requirements. 

EPA is proposing three actions in this notice. First, EPA is proposing to conditionally approve 

revisions to the New Hampshire PSD program under PART Env-A 619, “Prevention of Significant 

Deterioration.” EPA originally proposed approval of the State’s PSD program revisions on January 

21, 2015. See 80 FR 2860. EPA is reproposing to approve the State’s PSD program as a conditional

approval because subsequent to EPA’s January 21, 2015 Federal Register (FR) notice, EPA 

concluded that New Hampshire’s regulations did not contain a provision, consistent with 40 CFR 

51.166(q)(2)(iv), requiring notice of a draft PSD permit to state air agencies whose lands may be 

affected by emissions from the permitted source. In a March 20, 2015 letter from New Hampshire, 

the State committed to revise its regulations, no later than one year from EPA’s notice of a final 
2

conditional approval, to include the additional public notice procedure in its regulations and to 

submit the revision to EPA for approval into the SIP. 

EPA is also proposing to conditionally approve revisions to New Hampshire’s NNSR program 

SIP submitted on November 15, 2012. The approval is conditioned on New Hampshire submitting 

in a timely manner two requirements missing from its rules: 1) provisions that meet the federal 

regulations for “reasonable possibility,” applicable to projects at major stationary sources that are not 

major modifications based on the actual-to-projected actual test but have a “reasonable possibility” 

of resulting in a significant emission increase; and 2) provisions stating that approval to construct 

shall not relieve any owner or operator of the responsibility to comply fully with applicable 

provisions of the plan and any other requirements under local, state or federal law. In a letter dated 

March 20, 2015, the NH DES committed to revising its NNSR regulations to include the 

requirements above and to submitting the revised regulations to EPA for approval into the SIP. 

Finally, EPA is proposing to approve New Hampshire’s July 1, 2003 SIP revision to revise two 

definitions included in PART Env-A 101 Permit definitions: 1) “minor permit amendment,” and 2) 

“state permit to operate.” These revisions are intended to clarify the State’s definitions relevant to 

certain permitting transactions and to render them consistent with the requirements in the State’s 

permitting rules.

BACKGROUND

Section 110(a)(1) of the CAA requires each state to submit to EPA a plan which provides for the 

implementation, maintenance and enforcement of each NAAQS. These plans, generally referred to 

as the state implementation plan or SIP, include numerous air quality monitoring, emission 

inventory, and emission control requirements designed to obtain and maintain the NAAQS within 

the state. The CAA requires states to adopt SIP revisions into the state regulations and to submit the 

revisions to EPA for approval. Section 110(l) of the CAA states that EPA shall not approve a 

revision to the SIP if the revision would interfere with any applicable requirement concerning 

attainment (of the NAAQS) and reasonable further progress (as defined in CAA section 7501) or any 

other requirement of the CAA

The CAA requires new major sources and major modifications to existing major sources to 

obtain an air permit before commencing construction. The PSD program is the set of regulations 

specifying the minimum permit requirements for a new major source or major modification of a 

major source in areas that are in attainment of the national ambient air quality standards (NAAQS). 

The PSD Program includes two major elements: (1) requirements for sources to conduct an air 

quality analysis to demonstrate the new emissions would not cause or contribute to a violation of 

either a NAAQS or applicable PSD increment; and (2) requirements for sources to apply Best 

Available Control Technology which is derived on a case-by-case basis considering energy,

environmental and economic impacts to determine the emission reduction achievable from the 

source.
3

The NNSR rules are the set of regulations specifying the minimum permit requirements for a 

new major source or major modification of a major source in areas that are in nonattainment of the 

national ambient air quality standards (NAAQS). The NNSR rules include two major elements: (1) 

requirements for sources to obtain emission reductions (“offsets”) from existing sources to ensure

new sources do not interfere with state plans to achieve the NAAQS; and (2) requirements that 

sources apply lowest achievable emission rate (LAER) which is derived from the most stringent 

emission limitation contained in any SIP or achieved in practice for that class or category of source.

EPA has made a number of important revisions to the federal PSD programs and NNSR rule 

since EPA last approved revisions to New Hampshire’s PSD and NNSR rules. On December 31, 

2002, EPA issued amendments to the Federal nonattainment NSR program that substantially 

changed the applicability requirements for the program. The FR notice for the final NSR Reform 

rule at http://www.epa.gov/NSR/fr/20021231_80186.pdf provides a full description of the NSR 

Reform amendments, the requirements for SIP submittals, and the final amended Federal rule for 

NNSR “Permit Requirements” at 40 CFR 51.165 and Prevention of Significant Deterioration of air 

quality at 40 CFR 51.166. 

In addition, on October 17, 2006, EPA finalized a new NAAQS for particulate matter less than 

2.5 micrometers in diameter (PM2.5). On May 16, 2008, EPA issued Final Rules Governing the 

Implementation of NSR for Fine Particulate Matter. On October 20, 2010, EPA issued Final Rules

to Establish Increments, SILs and SMC for Fine Particulate Matter.

EPA has since reconsidered its approach to regulate PM2.5. EPA is currently in the process of 

revising the NNSR rules to regulate all PM2.5 precursors. Regardless of these rulemakings, EPA 

concludes that the current issues regarding the appropriate significant levels and offset requirements 

for direct emissions of PM2.5 and PM2.5 precursors should not affect the approval of New 

Hampshire’s NNSR program. All areas of New Hampshire are currently attaining the PM2.5

NAAQS and should continue attaining the NAAQS for the foreseeable future. As such, the NH 

DES’s NNSR program does not apply to PM2.5. 

Submittals

PSD program submittal

EPA previously reviewed New Hampshire’s November 15, 2012 submittal to determine 

compliance with the federal PSD requirements in the TSD for EPA’s January 21, 2015 Federal 

Register that proposed to approve the state’s PSD program. EPA is reproposing to approve the 

State’s PSD program as a conditional approval because subsequent to EPA’s January 21, 2015 

Federal Register notice, EPA concluded that New Hampshire’s regulations did not contain a 

provision, consistent with 40 CFR 51.166(q)(2)(iv), requiring notice of a draft PSD permit to state 

air agencies whose lands may be affected by emissions from the permitted source. In a letter from 

New Hampshire dated March 20, 2015, the State committed to revise its regulations, no later than 
4

one year from EPA’s notice of a final conditional approval, to include the additional public notice 

procedure in its regulations and to submit the revision to EPA for approval into the SIP. 

NNSR submittal

New Hampshire’s November 15, 2012 submittal IBRs the federal definitions for its NNSR 

regulations contained in 40 CFR 51.165(a)(1) and (f)(2). The submittal also included revised 

definitions to the terms “Baseline actual emissions” and “Reasonable period.” Finally, the submittal 

included five additional definitions: “Emission offset,” “Emission offset ratio,” “Northeast Ozone 

Transport Region,” “Offset source,” and “Ozone season” that are not specifically defined in the 

federal regulations but that the state uses for purposes of clarifying the State’s NNSR requirements.

EPA’s review of the November 15, 2012 submittal identified two provisions required for full 

approval that were missing: 1) provisions for “reasonable possibility” established in 40 CFR 

51.165(a)(6) and (a)(7); and 2) provisions required under 40 CFR 51.165(a)(5)(i) providing that 

“[a]pproval to construct shall not relieve any owner or operator of the responsibility to comply fully 

with applicable provisions of the plan and any other requirements under local, State or Federal law.” 

These provisions will need to be submitted by the NH DES within 12 months of issuance of EPA’s 

proposed conditional approval. In a letter dated March 20, 2015, the New Hampshire Department of 

Environmental Services (NH DES) committed to revising its regulations no later than one year from 

the date when EPA publishes a notice of final conditional approval, and to submitting the revised 

regulations to EPA for approval into the SIP. 

The attached summary identifies each required federal NNSR program provisions with 

description, the corresponding state provision, a statement whether the state provision complies with 

the federal requirement citation, and a discussion of any issues associated with approving the state 

provision. 

Permit definition submittal

On July 23, 2003, New Hampshire submitted a SIP submittal that clarifies how the State 

addresses minor changes to the permit terms contained in “Temporary Permits” (i.e., preconstruction 

air quality permits) and “State Permits to Operate” issued under the State’s PART Env-A 600,

Statewide Permit System. The current SIP-approved rules do not have definitions sufficient to 

address minor changes to existing permit terms or conditions for stationary sources, where the 

changes would not: a) result in an increase in the amount of a specific air pollutant emitted by the 

source or device; (b) result in the emission of any additional air pollutant; or (c) necessitate the use 

of permit notice and hearing procedures.

To address such minor changes to existing permit terms, the SIP submittal included definitions 

for the terms for “minor permit amendment” and “state permit to operate.” The term “minor permit 

amendment” provides for minor changes to conditions in permits other than Title V permits (which 

are not issued pursuant to SIP regulations). The term “state permit to operate” means a non-Title V 

operating permit issued prior to operation or material modification of a stationary source, area 
5

stationary source or device. Both definitions are consistent with all federal requirements under the 

CAA for approval into the SIP.

 

ADMINISTRATIVE REQUIREMENTS

2003 submittal

As required under 40 CFR 51.102 “Public hearings,” the NH DES published a notice in the 

Union Leader on January 14, 2003 announcing the notice for comment for the July 21, 2003 SIP 

submittal. The NH DES held a public hearing on February 26, 2003 and solicited comments until 

COB March 10, 2003. New Hampshire adopted the rules on April 23, 2003. The rules became 

effective on May 3, 2003. 

2012 Submittal

As required by 40 CFR 51.102 “Public hearings,” the NH DES published a notice in the Union 

Leader on March 30, 2012 announcing the notice for comment for the November 15, 2012 submittal. 

The NH DES held a public hearing on May 2, 2012 and solicited comments until COB May 9, 2012. 

New Hampshire adopted the rules on August 22, 2012. The rules became effective on September 1, 

2012. 

RECOMMENDATIONS

I recommend EPA proposes to conditionally approve the NH DES submittal revising PART 

Env-A 618, “Nonattainment New Source Review” and PART Env-A 619 “Prevention of Significant 

Deterioration” For the PSD program conditional approval, the NH DES commits to adopt the public 

noticing requirements in 40 CFR 51.166(q)(2)(iv). For the NNSR conditional program, the NH DES 

commits to adopt the following provisions: 1) 40 CFR 51.165(a)(6) and (a)(7), typically referred to 

as the “Reasonable Possibility;” and 2) 40 CFR 51.165(a)(5)(i) stating that “Approval to construct 

shall not relieve any owner or operator of the responsibility to comply fully with applicable 

provisions of the plan and any other requirements under local, State or Federal law. 

I recommend EPA propose to approve fully the NH DES submittal revising PART Env-A 101 

“Permit definitions.” 

Attachment
6

ATTACHMENT

SUMMARY OF AMENDMENTS TO NEW HAMPSHIRE DEPARTMENT OF 

ENVIRONMENTAL SERVICES PART Env-A 618 NONATTAINMENT NEW SOURCE REVIEW

§ 51.165 Permit requirements. State Citation State Language Issue

(a) State Implementation Plan and Tribal 

Implementation Plan provisions 

satisfying sections 172(c)(5) and 173 of 

the Act shall meet the following 

conditions:

1) All such plans shall use the specific 

definitions. Deviations from the 

following wording will be approved only 

if the State specifically demonstrates that 

the submitted definition is more 

stringent, or at least as stringent, in all 

respects as the corresponding definition 

below: 

Env-A 618.03 

Definitions 

Env-A 618.03(a) For the purposes of 

this part, the definitions contained in 

40 CFR 51.165(a)(1)and (f)(2) shall 

apply with several clarifications and 

revisions 

Requirement met. The 

provision IBRs the federal 

NSR permitting definitions 

into the SIP verbatim except 

for the following definitions: 

“Baseline actual emissions.”

The DES provided a

demonstration showing that 

the state’s revised “Baseline 
7

 

actual emissions” is as least as 

stringent as the federal 

definition. EPA’s approval of 

the definition is included in 

this TSD. 

“Reasonable period” The DES 

defined reasonable period as 

five years which is consistent 

with federal practice. 

The state also added the 

follow definitions: “Emission 

offset,” “Emission offset 

ratio,” “Northeast Ozone 

Transport Region,” “Offset 

source” and “Ozone season”

to clarify its emission offset 

requirements.

(a)(1) (xxxv) “Baseline actual emissions” 

means the rate of emissions, in tons per 

year, of a regulated NSR pollutant, as 

determined in accordance with 

paragraphs (a)(1)(xxxv)(A) through (D) 

of this section.

(xxxv)(A)For any existing electric utility 

steam generating unit, baseline actual 

Env-A 

618.03(a)(1) 

Baseline actual emissions” means the 

definition as specified in 40 CFR 

51.165(a)(1)(xxxv) with the 

following revisions: 

Env-A 618.03(a)(1)b. The 24-month 

period shall be selected from the 5-

year period immediately preceding 

Requirement met.

Demonstration required to 

support conclusion.

Issue: different time periods 

Federal definition requires 

selection of the 24-month 
8

emissions means the average rate, in tons 

per year, at which the unit actually 

emitted the pollutant during any 

consecutive 24-month period selected by 

the owner or operator within the 5-year 

period immediately preceding when the 

owner or operator begins actual 

construction of the project. The 

reviewing authority shall allow the use of 

a different time period upon a 

determination that it is more 

representative of normal source 

operation.

(xxxv)(B) For an existing emissions unit 

(other than an electric utility steam 

generating unit), baseline actual 

emissions means the average rate, in tons 

per year, at which the emissions unit 

actually emitted the pollutant during any 

consecutive 24-month period selected by 

the owner or operator within the 10-year 

period immediately preceding either the 

date the owner or operator begins actual 

construction of the project, or the date a 

complete permit application is received 

by the reviewing authority for a permit 

required either under this section or 

under a plan approved by the 

Administrator, whichever is earlier, 

except that the 10-year period shall not 

the date when the owner or operator 

begins actual construction of the 

project

or

Env-A 618.03(a)(1)c. The department 

shall allow the use of a time period up 

to 10 years immediately preceding 

the date when the owner or operator 

begins actual construction of the 

project or allow the use of a different 

consecutive 24-month period for 

different pollutants upon determining 

that the alternative time period is 

more representative of normal source 

operations, upon adequate 

demonstration by the applicant

period within the following 

time period:

a. Electric utility steam 

generating units: 5 year 

period or a different time 

period upon a demonstration 

that it is more representative 

of normal source operations.

b. Non-electric utility steam 

generating units: 10 year 

period from date 

owner/operator begins actual 

construction or date completed 

permit application is received 

by the reviewing authority for 

a permit required either under 

this section or under a plan 

approved by the administrator, 

whichever is earlier. 

State definition:

owner/operator may select 24-

month period within the 5 

years, or within 10 years upon 

adequate demonstration

Analysis result: The 

definition is as least as 
9

include any period earlier than November 

15, 1990.

stringent as federal definition 

(see discussion above) 

xxxv)(A)(3) Electric utility steam 

generating units: For a regulated NSR 

pollutant, when a project involves 

multiple emissions units, only one 

consecutive 24-month period must be 

used to determine the baseline actual 

emissions for the emissions units being

changed. A different consecutive 24-

month period can be used for each 

regulated NSR pollutant.

(xxxv)(B)(4) Non-Electric utility steam 

generating units: For a regulated NSR 

pollutant, when a project involves 

multiple emissions units, only one 

consecutive 24-month period must be 

used to determine the baseline actual 

emissions for the emissions units being 

changed. A different consecutive 24-

month period can be used for each 

regulated NSR pollutant.

Env-A 

618.03(a)(1) 

Env-A 618.03(a)(1)a. The same 

consecutive 24-month period shall be 

used for all pollutants 

or

Env-A 618.03(a)(1)(c.) allow the use 

of a different consecutive 24-month 

period for different pollutants upon 

determining that the alternative time 

period is more representative of 

normal source operations, upon 

adequate demonstration by the 

applicant

Requirement met.

Demonstration required to 

support conclusion.

Issue: different pollutant 

averaging times

Federal definition

Federal definition allows the 

applicant to select a different 

24-month period for each 

pollutant without the need for 

a demonstration. 

State Definition

State definition requires the 

same 24-month period for all 

pollutants or a different 

consecutive 24-month period 

for different pollutants upon 

determining that the 

alternative time period is more 

representative of normal 

source operations, upon 
10

adequate demonstration by the 

applicant

Analysis result: The 

definition is as least as 

stringent as federal definition 

(see discussion above) 

(2)(ii) Each plan shall use the specific 

provisions of paragraphs (a)(2)(ii)(A) 

through (F) of this section. Deviations 

from these provisions will be approved 

only if the State specifically demonstrates 

that the submitted provisions are more 

stringent than or at least as stringent in all 

respects as the corresponding provisions 

in paragraphs (a)(2)(ii)(A) through (F) of 

this section.

Env-A

618.02(b) 

Classification of a project relative to 

whether or not it is a major 

modification and therefore subject to 

this part pursuant to (a) above, shall 

be performed as described in 40 CFR 

§51.165(a)(2)(ii)(A) through (F) and 

by taking the sum of the emissions 

increase from each emissions unit 

affected by the project.

Requirement met. 

Amendments IBR the 

applicable provisions under 40 

CFR 51.165(a)(2)ii(A) –(F) in 

full. 
11

(3)(i) Each plan shall provide that for 

sources and modifications subject to any 

preconstruction review program adopted 

pursuant to this subsection the baseline 

for determining credit for emissions 

reductions is the emissions limit under 

the applicable State Implementation Plan 

in effect at the time the application to 

construct is filed, except that the offset 

baseline shall be the actual emissions of 

the source from which offset credit is 

obtained 

Env-A 618.03 Env-A 618.03(b)(1) For the purpose 

of this part, the following additional 

definitions shall apply:

"Emissions offset" means a reduction 

in pollutant emissions achieved at an 

existing source meeting the criteria 

specified in 40 CFR §51.1 65(a)(3)

Env-A 618.07 Emissions Offset 

Requirements.

(a) The baseline for an emission 

offset shall be the actual emissions of 

the source from which the offset 

credit is to be obtained.

(b) Offset credit shall not include:

(1) Any reductions from compliance, 

or scheduled compliance, with 

applicable rules in effect prior to the 

permit application of the new or 

modified source;

(c) Emissions offsets shall achieve, at 

a minimum, a ratio of total actual 

emissions reductions to emissions 

increases of at least 1:1, except as 

listed in Table 6 18-1, below, subject 

to the notes in (d),

Requirements met. Offsets 

based on actual emissions (as 

defined by federal definition 

of “actual emission”) and 

State definition of “Emission 

Offset” defined to include all 

plan offset baseline 

requirements under 40 CFR 

§51.1 65(a)(3).

Baseline for offsets shall be 

based on “actual emissions” 

that have been reduced to 

comply with any applicable 

state control plan (i.e, RACT) 

or compliance schedule. 

Offsets shall achieve a 

minimum ratio of at least 1:1 

ratio or higher for ground level 

ozone (1.15:1 for OTR and 

Moderate nonattainment 

areas).

Offsets shall be obtain from 

equal to or higher 

nonattainment classification,

and for NOx and VOCs as

precursors to ozone, within the 

OTR.
12

(4) Each plan may provide that the 

provisions of this paragraph do not apply 

to a source or modification that would be 

a major stationary source or major 

modification only if fugitive emissions, 

to the extent quantifiable, are considered 

in calculating the potential to emit of the 

stationary source or modification and the 

source does not belong to any of the 26 

identified source categories

Env A 618.03 

& 40 CFR 

51.165(a)(1)(iv) 

and (v) 

Env A 618.03 refers to the federal 

fugitive emissions in 40 CFR 

51.165(a)(1)(iv) and (v)

Requirement met. 

Amendments consistent with 

federal definition for major 

stationary source and major 

modification
13

(5) Each plan shall include enforceable 

procedures to provide that:

(i) Approval to construct shall not 

relieve any owner or operator of the 

responsibility to comply fully with 

applicable provision of the plan and 

any other requirements under local, 

State or Federal law.

(ii) At such time that a particular 

source or modification becomes a 

major stationary source or major 

modification solely by virtue of a 

relaxation in any enforcement 

limitation which was established after 

August 7, 1980, on the capacity of 

the source or modification otherwise 

to emit a pollutant, such as a 

restriction on hours of operation, then 

the requirements of regulations 

approved pursuant to this section 

shall apply to the source or 

modification as though construction 

had not yet commenced on the source 

or modification;

Env A 

618.02(c) 

Env A 618.02(c) If a source or 

modification is determined to be a 

major stationary source or major 

modification solely by virtue of a 

relaxation in any enforceable 

limitation established after August 7, 

1980, on the capacity of the source or 

modification otherwise to emit a 

pollutant, such as a restriction of 

hours of operation, then the 

provisions of this part shall apply to 

the source or modification as though 

construction had not yet commenced 

on the source or modification.

Requirement not met. 

51.165(a)(5)(i) was originally 

approved into New 

Hampshire’s SIP but was 

inadvertently left off of the 

11/12/12 submittal. 

(6) Each plan shall provide that, except 

as otherwise provided in paragraph 

(a)(6)(vi) of this section, the following 

specific provisions apply with respect to 

any regulated NSR pollutant emitted 

from projects at existing emissions units 

Not included. Not included. Requirement not met. The 

requirements for “reasonable 

possibility” required under 40 

CFR 51.165(a)(6) and (a)(7)

was not included in the 

submittal. 
14

at a major stationary source (other than 

projects at a source with a PAL) in 

circumstances where there is a reasonable 

possibility, within the meaning of 

paragraph (a)(6)(vi) of this section, that a 

project that is not a part of a major 

modification may result in a significant 

emissions increase of such pollutant, and 

the owner or operator elects to use the 

method specified in paragraphs 

(a)(1)(xxviii)(B)(1) through (3) of this 

section for calculating projected actual 

emissions. Deviations from these 

provisions will be approved only if the 

State specifically demonstrates that the 

submitted provisions are more stringent 

than or at least as stringent in all respects 

as the corresponding provisions in 

paragraphs (a)(6)(i) through (vi) of this 

section.

(7) Each plan shall provide that the 

owner or operator of the source shall 

make the information required to be 

documented and maintained pursuant to 

paragraph (a)(6) of this section available 

for review upon a request for inspection 

by the reviewing authority or the general 

public pursuant to the requirements 

Not included. Not included. Requirement not met. The 

requirements for “reasonable 

possibility” required under 40 

CFR 51.165(a)(6) and (a)(7) 

was not included in the 

submittal.
15

contained in § 70.4(b)(3)(viii) of this 

chapter.

(8) The plan shall provide that the 

requirements of this section applicable to 

major stationary sources and major 

modifications of volatile organic 

compounds shall apply to nitrogen oxides 

emissions from major stationary sources 

and major modifications of nitrogen 

oxides in an ozone transport region or in 

any ozone nonattainment area, except in 

ozone nonattainment areas or in portions 

of an ozone transport region (OTR)

where the Administrator has granted a 

NOX waiver applying the standards set 

forth under section 182(f) of the Act and 

the waiver continues to apply.

Env-A 618.02 

(a)(2)

Env-A 618.03 Definitions under: 

51.165(a)(1)(iv): Major Stationary 

source;

51.165(a)(1)(v): Major modification 

and 51.165(a)(1)(iv) 

Env-A 618.02 Applicability.

(a) This part shall apply to each new 

major stationary source or major 

modification that is major for

the following:

(1) The pollutant for which the area 

in which the source is or would be 

located is designated

nonattainment under 40 CFR 

§81.330; or

(2) NOx or VOC if the source is or 

would be located in the OTR, as 

defined in Env-A 618.03(b)(3).

Requirement met.
16

(9)(i) The plan shall require that in 

meeting the emissions offset 

requirements of paragraph (a)(3) of this 

section, the ratio of total actual emissions 

reductions to the emissions increase shall 

be at least 1:1 unless an alternative ratio 

is provided for the applicable 

nonattainment area in paragraphs 

(a)(9)(ii) through (a)(9)(iv) of this 

section.

Env-A 618.07 Emissions Offset 

Requirements. 

(a) The baseline for an emission 

offset shall be the actual emissions of 

the source from which the offset 

credit is to be obtained.

(c) Emissions offsets shall achieve, at 

a minimum, a ratio of total actual 

emissions reductions to emissions 

increases of at least 1:1, except as 

listed in Table 6 18-1, below, subject 

to the notes in (d), below:

Requirement met. Paragraph 

(a) requires the source to 

offset the total actual 

emissions increase and Table 

618-1 requires the offsets to 

meet the applicable federal 

offsetting ratios

(10) The plan shall require that the 

requirements of this section applicable to 

major stationary sources and major 

modifications of PM-10 shall also apply 

to major stationary sources and major 

modifications of PM-10 precursors, 

except where the Administrator 

determines that such sources do not 

contribute significantly to PM-10 levels 

that exceed the PM-10 ambient standards 

in the area.

Env-A 618.03 Definitions Requirement met. The state 

amendments apply 

nonattainment NSR to any 

major stationary source or 

major modification as defined 

in the federal permitting 

requirements at 51.165. If the 

federal definitions for major 

stationary source and major 

modifications includes

emissions of PM-10 

precursors, the state rules will 

include PM-10 precursors. 
17

(11) The plan shall require that in 

meeting the emissions offset 

requirements of paragraph (a)(3) of this 

section, the emissions offsets obtained 

shall be for the same regulated NSR 

pollutant unless interprecursor offsetting 

is permitted for a particular pollutant as 

specified in this paragraph. The plan may 

allow the offset requirements in 

paragraph (a)(3) of this section for direct 

PM2.5 emissions or emissions of

precursors of PM2.5 to be satisfied by 

offsetting reductions in direct PM2.5 

emissions or emissions of any PM2.5 

precursor identified under paragraph 

(a)(1)(xxxvii)(C) of this section if such 

offsets comply with the interprecursor 

trading hierarchy and ratio established in 

the approved plan for a particular 

nonattainment area.

618.03(b)(1) "Emissions offset" 

means a reduction in pollutant 

emissions achieved at an existing 

source meeting the criteria specified 

in 40 CFR §51.165(a)(3).

Requirement met: 

Compliance with (a)(3) 

requires sources obtain offsets 

for the regulated pollutant. 

The amendments do not allow 

for interpollutant trading. 
18

(f) Actuals PALs. The plan shall provide 

for PALs according to the provisions in 

paragraphs (f)(1) through (15) of this 

section.

Env-A 

618.03(a) and 

Env-A 618.09 

“Establishing a 

PAL”

Env-A 618.09 “Establishing a PAL” 

A PAL shall be established, reopened, renewed, increased, 

monitored, recorded, and reported in 

accordance with 40 CFR 

§51.165(f)(1), (4), and (6)-(14), 

except that offsets shall be created 

and used in accordance with Env-A 

618.07 and Env-A 618.08, and the 

public participation requirements 

shall be replaced by Env-A 618.10(b) 

and (c).

(a) A permit application to comply 

with NSR or establish a PAL filed 

with the department pursuant to this 

part shall be reviewed in accordance 

with the criteria set forth in Env-A 

607.04.

(b) A permit application to comply 

with NSR or establish a PAL 

pursuant to this part shall be subject 

to the public notice procedures 

specified in Env-A 621.04.

(c) The department shall address all 

material comments received during 

the public comment period before 

taking final action on a PAL permit 

application.

Require met. The amendments 

refer to the permit application 

requirements Env-A 607.04 

that complies with the permit 

application requirements in 

(f)(3). 

The amendments replace (f)(5) 

with the public notice 

requirements in Env-A 

618.10(b). Env-A 618.10(b) 

refers to the public notice 

procedures specified in Env-A 

621.04. This provision 

requires a permit application 

to establish a PAL with a 30-

day notice as required by the 

(f)(5). These procedures meet 

51.165(f)(5).