Section Env-A 3104.08 - Notice of Intent to Use DERs(a) DERs may be used only if the owner or operator of the user source submits to the division a Notice of Intent to Use DERs.(b) The Notice of Intent to Use DERs shall be submitted at least 30 days before the intended use period begins, and at least annually if the use period is greater than one year.(c) The Notice of Intent to Use DERs shall be made publicly available pursuant to section Env-A 3106.02.(d) The Notice of Intent to Use DERs shall include the following information: (1) The name and location of the user.(2) The name and identification number of the emissions unit, the permit number (if applicable), and the applicable pollutant (VOC or NOx).(3) The applicable requirements and state requirements that the DERs will be used to comply with and the intended use period.(4) A copy of the Notice and Certification of Generation submitted by the generator source to the State.(5) The protocols that will be used to document the amount of DERs needed to demonstrate compliance.(6) For each source subject to either New Hampshire's toxic air pollutant rules under Env-A 1300 or Env-A 1400 or subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amounts of toxic air pollutants, as defined in Env-A 1300 or Env-A 1400, and hazardous air pollutants, as defined below, expected to be emitted to the air as the result of the use of the DERs to meet the otherwise applicable requirements, except this provision shall not apply for DERs used to meet NOx requirements. a. A pollutant shall be reported under this paragraph, only if it: i. Has an AAL established by Env-A 1300 or Env-A 1400; orii. Is listed both in 40 CFR 372.65 and section 112(b) of the Act, and it is a chemical which the source is reporting or expects to report under 40 CFR part 372 for the calendar year in which the DER was generated.b. Any quantity of a pollutant that the user source knows, in accordance with the requirements in 40 CFR 372.30(b), will be emitted as the result of the DER use shall be reported. The estimated amount shall include expected emissions increases (if any) and any expected forgone emission reductions due to use of the DERs instead of non-DER compliance with otherwise applicable requirements.c. The Notice required under this section shall contain the same information as required under the Notice and Certification of Generation pursuant to subparagraph Env-A 3103.08(d)(10)c.N.H. Code Admin. R. Env-A 3104.08
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