125-J:1 Definitions. – In this chapter: I. "Actual emissions" means the rate, in tons per year, at which the device or source actually emitted a pollutant during calendar year 1990, or the average rate, in tons per year, at which the device or source actually emitted a pollutant during any 2-year period which precedes […]
125-J:10 Liability of Purchasers of Emission Reduction Credits Limited. – I. Notwithstanding RSA 125-J:4, VII, an emissions reduction credits certificate issued pursuant to this chapter shall not be suspended, revoked, or modified during the term of the certificate for a person who has purchased or has accepted such a certificate for use as permitted […]
125-J:11 Advisory Committee. – I. There is established the air pollution advisory committee composed of the following members: (a) Two representatives, appointed by the speaker of the house of representatives, of whom at least one shall be a member of the house science, technology, and energy committee. One representative shall be a member of […]
125-J:11-a Escrow Authority. – I. The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs, DERs, and other emissions reduction mechanisms. The commissioner shall maintain and publish, on or before January 1 and July 1 of each year, a list […]
125-J:12 Rulemaking Authority; Submission. – I. Notwithstanding RSA 541-A, the commissioner shall adopt special temporary rules not subject to RSA 541-A as expeditiously as possible after July 1, 1996, except that the department shall hold a public hearing on the proposed special temporary rules and shall provide the public with notice of the hearing […]
125-J:13 Repealed by 2010, 59:2, II, eff. Jan. 1, 2014. –
125-J:14 Repealed by 2010, 59:2, III, eff. Jan. 1, 2014. –
125-J:2 Establishment. – There is established an emissions reduction credits trading program to facilitate compliance with the requirements of the Clean Air Act. Source. 1994, 397:2, eff. Aug. 9, 1994.
125-J:2-a Trading and Bank Programs. – The department may establish trading and bank programs regarding discrete emissions reductions, NOx budget allowances, or other emissions reduction credit mechanisms to facilitate compliance with the requirements of the Clean Air Act. Source. 1996, 230:6, eff. July 1, 1996; 230:12, eff. July 1, 1996 at 12:01 a.m.
125-J:3 Nature of Emissions Reduction Credits. – I. An emissions reduction credit certified by the department and issued to a device or source under this chapter is a limited authorization to hold and transfer such credits. Emissions reduction credits do not constitute a property right. Nothing in this chapter shall be construed as modifying […]
125-J:3-a Escrow Authority. – The commissioner may accept payments to be held in an escrow account to be used for the purchase of emissions reduction credits, discrete emissions reduction credits, NOx budget allowances, and other emissions reduction credit mechanisms, until such time as credits, allowances or other mechanisms are available for trading or banking […]
125-J:4 Certification of Emissions Reduction Credits. – I. The department shall establish and administer a process for the application, certification, revocation and enforcement of emissions reduction credits for the following regulated pollutants: volatile organic compounds (VOCs), oxides of nitrogen (NOx), and carbon monoxide (CO). II. Any person may be credited with emissions reductions occurring […]
125-J:4-a Registration of Emissions Reduction Mechanisms. – The department may also establish and administer a process for the registration, revocation, and enforcement of discrete emissions reductions, NOx budget allowances, and all other emissions reduction mechanisms for any air pollutants in accordance with the Clean Air Act. The use of DERs, NOx budget allowances and […]
125-J:4-b Allocation of Emissions Reduction Mechanisms. – The department may also establish and administer a process for the allocation of NOx budget allowances, emissions reduction credits, discrete emission reductions, and other emissions reduction mechanisms which it is assigned by the federal government or interstate agreements or which it acquires in any other manner, except […]
125-J:5 Use of Emissions Reduction Credits. – I. The department shall maintain and publish on January 1 and July 1 of every year a list of emissions reduction credit certificates which have been issued. The department shall update the list on a monthly basis no later than the 10th day of the month, and […]
125-J:6 Trading of Emission Reduction Credits. – I. ERCs generated by devices and sources subject to RACT which are transferred to devices and sources subject to RACT shall be transferred in the ratio of 1:1. II. ERCs generated by devices, area sources, mobile sources, and sources not subject to RACT which are transferred for […]
125-J:7 Inspection and Monitoring. – I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time: […]
125-J:8 Enforcement. – I. Whenever the commissioner finds that a person who has been issued an ERC has violated the provisions of this chapter, any rules in force hereunder, or any condition of an emissions reduction credits certificate issued hereunder, including such conditions incorporated into permits issued by the department or EPA, the commissioner […]
125-J:9 Penalties. – I. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, and any person who omits material information or makes any false statement or representation in connection with the certification of emission reduction credits shall be subject to a civil […]
