Section Env-A 4605.11 - Determination of Violations and Deduction of Allowances(a) For purposes of determining the number of days of violation, if a CO2 budget source has excess CO2 emissions for a control period, the following shall apply: (1) Each day in the control period in which insufficient allowances were in the source's compliance or general accounts to cover the excess CO2 emissions shall constitute a day of violation, unless the owner(s) and operator(s) of the unit demonstrate that a lesser number of days should be considered by submitting monitoring reports and records to show the unit was not operating on certain days; and(2) Each ton of excess CO2 emissions shall constitute a separate violation.(b) For purposes of determining the number of days of violation, if a CO2 budget source has excess CO2 emissions for an interim control period, the following shall apply: (1) Each day in the interim control period in which insufficient allowances were in the source's compliance or general accounts to cover the excess CO2 emissions shall constitute a day of violation, unless the owner(s) and operator(s) of the unit demonstrate that a lesser number of days should be considered by submitting monitoring reports and records to show the unit was not operating on certain days; and(2) Each ton of excess interim CO2 emissions shall constitute a separate violation.(c) The propriety of the department's determination that a CO2 budget source had excess CO2 emissions and the concomitant deduction of CO2 allowances from that CO2 budget source's account may be challenged as provided by law. The commencement or pendency of any administrative enforcement, or civil or criminal judicial action arising from or encompassing that excess CO2 emissions violation shall not prevent the department from directing the regional organization to initially deduct the CO2 allowances resulting from the department's original determination that the relevant CO2 budget source had excess CO2 emissions.(d) Should the department's determination of the existence or extent of the CO2 budget source's excess CO2 emissions be revised by the department or by final conclusion of any administrative or judicial action, the department shall act as follows: (1) In any instance where the department's determination of the extent of excess CO2 emissions was too low, the department shall take further action in accordance with Env-A 4605.08 to address the expanded violation; or(2) In any instance where the department's determination of the extent of excess CO2emissions was too high, the department shall distribute to the relevant CO2 budget source a number of CO2 allowances equaling the number of CO2 allowances deducted which are attributable to 3 times the difference between the original and final quantity of excess CO2 emissions. If the CO2 budget source's compliance account no longer exists, the CO2 allowances shall be provided to a general account selected by the owner or operator of the CO2 budget source from which they were originally deducted.(e) The department shall direct the regional organization to record in the appropriate compliance account all deductions from such an account pursuant to Env-A 4605.05 and Env-A 4605.08.(f) The department shall notify the owner or operator after making the deductions in (d), 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. Admin. Code § Env-A 4605.11
#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09New. #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.