Section Env-A 3104.09 - Notice and Certification of Use(a) The owner or operator of a user source shall submit to the division a Notice and Certification of Use that contains the information described in paragraph (d) of this section within 90 days after the end of the use period or one year after the beginning of the use period, whichever is sooner.(b) The owner or operator of a user source shall provide the required information for each increment of DERs used over a time period not to exceed one year, except that all notices after the initial notice may incorporate required information contained in the initial notice by reference, if that information has not changed.(c) The Notice and Certification of Use shall be made publicly available in accordance with section Env-A 3106.02.(d) The initial Notice and Certification of Use shall include the following information: (1) The cost of the DERs;(2) The name and location of the owner or operator of the user Source.(3) The date(s) on which the DERs were acquired.(4) The amount of DERs used and the associated serial numbers assigned by the division.(6) The applicable requirements and state requirements that the DERs were used to comply with.(7) The protocols that were used to calculate the amount of DERs required to demonstrate compliance and documentation for the compliance calculation under section Env-A 3104.07.(8) A statement that due diligence was made to verify that the DERs were not previously used, not generated as a result of actions prohibited under this regulation or other provisions of law.(9) A statement that the DERs were not used in a manner prohibited under this regulation or other provisions of law.(10) A copy of the relevant Notice and Certification of Generation.(11) For each source subject to either New Hampshire's toxic air pollutant rules in accordance with 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 in Env-A 3103.08(d)(10)a.ii., emitted to the air as the result of the use of the DER to meet otherwise applicable requirements, except this provision shall not apply for DERs used to meet NOx requirements. a. The estimated amount shall include emissions increases (if any) and any forgone emission reductions due to use of DERs instead of non-DER compliance with otherwise applicable requirements.b. 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.(e) Any Notice and Certification of Use submitted pursuant to this regulation shall contain certification under penalty of law by a responsible official of truth, accuracy and completeness. This certification shall state that: (1) Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete; and(2) The user source is in compliance with all NAAQS, except for ground level ozone, and all AALs for toxics.N.H. Code Admin. R. Env-A 3104.09
#6441, EXEMPT, eff 1-21-97