Section Env-A 3105.02 - Interstate TradingDERs may be used in New Hampshire even if generated in another state. To facilitate such uses, the authorized representatives of the two States may approve a binding interstate agreement that is approved by USEPA. Such agreement shall contain at least the following provisions:
(a) Upon request by the authorized representative of New Hampshire, the authority of the State where the generator source is located agrees to provide all relevant information concerning the generator source and the DER generation including, but not limited to, emission limitations and permits issued to the generator source, if any, as well as the Notice and Certification of Generation or other such supporting documentation, in a timely manner;(b) Upon request by the state where the generator source is located, the State of New Hampshire agrees to provide all relevant information, including the Notice of Intent to Use DERs and the Notice and Certification of Use or other such supporting documentation, in a timely manner;(c) Upon request, the authority of the State where the generator source is located agrees to notify the State of New Hampshire as to whether the DERs have been used previously;(d) The authorities of the States where the user and generator sources are located agree to enforce the applicable requirements and their individual State requirements as modified by any valid emissions trades; and(e) The State of New Hampshire shall determine that the traded reductions were included in the attainment/RFP inventory of the State where the generator source is located and were surplus. Upon such a determination, the State of New Hampshire shall deduct the traded reductions from its attainment/RFP inventory. A separate inventory of actual emissions shall be maintained for modeling purposes.N.H. Admin. Code § Env-A 3105.02
#6441, EXEMPT, eff 1-21-97