Section Env-A 4605.08 - Deductions for Excess CO[2] Emissions(a) After making the deductions for compliance under Env-A 4605.05, the department shall direct the regional organization to deduct from the CO2 budget source's compliance account a number of CO2 allowances from allocation years that occur after the control period in which the source has excess CO2 emissions. As provided by RSA 125-O:22, V, the deduction shall be equal to 3 times the number of the source's excess CO2 emissions.(b) In the event that a CO2 budget source has insufficient CO2 allowances to cover 3 times the number of the source's excess CO2 emissions, the department shall direct the regional authority to so notify the source.(c) Within 14 calendar days of receipt of notice from the regional organization that a shortage exists, the source shall transfer sufficient allowances into its compliance account to cover the shortage.(d) No CO2 offset allowances shall be deducted to account for the source's excess CO2 emissions.(e) Any CO2 allowance deduction required under (a), above, shall not affect the liability of the owner(s) and operator(s) of the CO2 budget source or the CO2 units at the source for any fine, penalty, or assessment, and shall not affect the obligation of the owner(s) and operator(s) to comply with any other remedy, for the same violation, as ordered under applicable state law.(f) The department shall notify the owner or operator after making the deductions in (a) above of the opportunity to request a hearing in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings.N.H. Code Admin. R. Env-A 4605.08
#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12967, Effective 1/1/2020, Expires 1/1/2030.