Section Env-A 3104.11 - Delayed Trading(a) In the event that sufficient amounts of DERs are not available for use by a user source required by the department to use DERs to satisfy past-due RACT requirements, that source shall submit an initial report of the unavailability of usable credits within 60 days of notification of the requirement, and periodically (not less than annually) thereafter, to the department and to EPA.(b) The department and EPA shall review each report and issue a determination of either approval or disapproval of a delay in the requirement to use DERs. Prior to issuing the determination, the department shall follow the same procedures for public notice and hearing as the department follows for issuing permits in accordance with Env-A 205.(c) The length of the delay and the amount of additional DERs required shall be specified by the department and EPA in the determination.N.H. Code Admin. R. Env-A 3104.11
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