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 under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased or accepted without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emissions limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.
II. There shall be no liability under RSA 125-J:8 and RSA 125-J:9 for a violation of an emissions reduction credits certificate or for a violation of a condition of a permit relating to the use of emissions reduction credits during the term of the certificate or permit for a person who has purchased or accepted a transfer of such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emission limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.
Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.