Section Env-A 3006.11 - Use of ERCs from ShutdownsUser sources intending to use ERCs in accordance with Env-A 3006.10 shall comply with the following procedures:
(a) Any ERCs shall become public emissions credits and shall revert to the state unless written consent to hold the ERCs is requested in writing and obtained from the department;(b) Such written consent shall be requested: (1) Within 120 days following the shutdown (or the effective date of this rule, whichever is later);(2) At least 30 days before the intended use period begins; and(3) At least annually, if the intended use period will not begin prior to one year after the most recent request;(c) Pending the department's determination on the request for approval of the holding of ERCs, the User source shall not use the ERCs; and(d) The request shall contain all of the information, as set forth in Env-A 3003.04, required to qualify for receipt of a credit.(e) The request shall contain a demonstration that the proposed reductions are in excess of shifting demand. This demonstration shall include either: (1) A signed statement that the Generator source shall not shift production, and correspondingly increase emissions, to other sources located either within or outside New Hampshire; or(2) A signed statement specifying the amount and location of the shifted production, and corresponding emissions increase, to other sources located either within or outside New Hampshire.N.H. Code Admin. R. Env-A 3006.11
#6441, EXEMPT, eff 1-21-97