N.H. Code Admin. R. Env-A 3006.03

Current through Register No. 25, June 20, 2024

Section Env-A 3006.03 - Procedures for Use

Procedures for use shall be as follows:

(a) Any ERC certificate shall become void upon the use of the ERCs represented thereon unless consent to use the certificate is requested in writing from the department and consent is granted in advance of said use;

(b) The request shall include the following:

(1) The cost of the ERCs;

(2) If the user source is a stationary source, a permit application(s) in accordance with Env-A 600;

(3) The proposed dates on which the ERCs:

a. Were or will be acquired; and

b. Will be used;

(4) The applicable state and federal requirements with which the ERCs will be used for compliance;

(5) A demonstration that the proposed amount of ERCs to be used are equal to or greater than the difference between the user source's current quantifiable emission rate and the applicable state and federal requirements with which the ERCs will be used for compliance;

(6) Such demonstrations shall exclude any information recorded on the permit application(s) required under (2), above, but shall include the following additional information:

a. A complete description of the User source, including an inventory of all emissions sources, which for stationary sources means all emissions sources that were included in the most recently submitted calculations of emission-based fees in accordance with Env-A 704;

b. The maximum capacity of each emission source;

c. The proposed amount of ERCs to be used and the proposed annual, ozone season, and peak day emission rates, including detailed calculations in accordance with the following formula or any other method of calculation approved by the division:

Use >= CQER_A - PFAER_A

8760

>= S CQER_H- PFAER_H

H'1

where:

1. CQER = the current quantifiable emission rate, expressed as a mass per unit of time; and

2. PFAER = the projected future allowable emission rate, expressed as a unit of mass per unit of time;

3. subscript A = annual average; and

4. subscripts H1, H2 ... H8760 = hourly averages for hours one through 8,760.

(7) The emissions quantification protocols that were used to calculate the amount of ERCs required to demonstrate compliance and documentation for the compliance calculation;

(8) A statement signed by a responsible official under penalty of law attesting that due diligence was made to verify that the ERCs were not previously used, or were not generated as a result of actions prohibited under this regulation or other provisions of law;

(9) A statement by a responsible official under penalty of law attesting that the ERCs will not be used in a manner prohibited under this regulation or other provisions of law, including that the ERCs will not be used to violate any NAAQS, except for ground level ozone, or AAL, based on reasonable inquiry, which shall include either review of a previously performed ambient air impact analysis or conductance of a new ambient air impact analysis to ascertain compliance with the NAAQS, except for ground level ozone, for criteria pollutants and compliance with Env-A 1300 or Env-A 1400 for toxic air pollutants; and

(10) Any other information necessary to support the demonstration; and

(d) Pending the department's issuance of a written approval of the use of the credits, the person to whom the ERCs are transferred shall abide by all conditions of all federally enforceable permits and certificates administratively amended in accordance with Env-A 612, or such permits and certificates shall be rendered null and void.

N.H. Code Admin. R. Env-A 3006.03

#6441, EXEMPT, eff 1-21-97