US Lawyer Database

Section 125-O:13 – Compliance.

    125-O:13 Compliance. – I. The owner shall install and have operational scrubber technology to control mercury emissions at Merrimack Units 1 and 2 no later than July 1, 2013. The achievement of this requirement is contingent upon obtaining all necessary permits and approvals from federal, state, and local regulatory agencies and bodies; however, all […]

Section 125-O:14 – Measurement of Baseline Mercury Input and Emissions.

    125-O:14 Measurement of Baseline Mercury Input and Emissions. – I. Baseline mercury input shall be determined as follows: (a) No later than the first day of the second month following the effective date of this section, and continuing for 12 months thereafter, a representative monthly sample of the coal used traditionally (not to include […]

Section 125-O:15 – Monitoring of Mercury Emissions.

    125-O:15 Monitoring of Mercury Emissions. – Prior to the availability and operation of continuous emissions monitoring (CEM) systems, and subsequent to the baseline emissions testing under RSA 125-O:14, II, stack tests or another methodology approved by the department shall be conducted twice per year to determine mercury emissions levels from the affected sources. Any […]

Section 125-O:16 – Economic Performance Incentives.

    125-O:16 Economic Performance Incentives. – I. (a) The department shall issue to the owner early emissions reduction credits in the form of credits or fractions thereof for each pound of mercury or fraction thereof reduced below the baseline mercury emissions, on an annual basis, in the period prior to July 1, 2013. Ratios of […]

Section 125-O:17 – Variances.

    125-O:17 Variances. – The owner may request a variance from the mercury emissions reduction requirements of this subdivision by submitting a written request to the department. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance request is based to demonstrate to the satisfaction of the department that […]

Section 125-O:18 – Cost Recovery.

    125-O:18 Cost Recovery. – If the owner is a regulated utility, the owner shall be allowed to recover all prudent costs of complying with the requirements of this subdivision in a manner approved by the public utilities commission. During ownership and operation by the regulated utility, such costs shall be recovered via the utility’s […]

Section 125-O:20 – Definitions.

[RSA 125-O:20 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]     125-O:20 Definitions. – In this subdivision: I. " Affected CO 2 source " means any source with one or more fossil fuel-fired electricity generating units having a nameplate rated capacity equal to or greater than 25 megawatts. II. " Budget allowances […]

Section 125-O:21 – Carbon Dioxide Emissions Budget Trading Program.

[RSA 125-O:21 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]     125-O:21 Carbon Dioxide Emissions Budget Trading Program. – I. The department shall establish and enforce a CO 2 emissions budget trading program consistent with this subdivision that shall be in substantial accordance with the RGGI program. II. The program shall include […]

Section 125-O:7 – Enforcement.

    125-O:7 Enforcement. – I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the […]