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 and an opportunity to testify and comment in writing, in accordance with the terms of the notice. The commissioner shall submit proposed rules pursuant to RSA 541-A as expeditiously as possible after the issuance of Environmental Protection Agency guidance. Such temporary and permanent rules shall include, but not be limited to, the following:
(a) The forms and information required on applications for the certification of emissions reduction credits.
(b) The methods to be used to determine that emissions reductions by all eligible sources and devices are real, surplus, quantifiable, enforceable, and permanent for the life of the credit.
(c) The allowable emissions controls for use in achieving emissions reductions, including, but not limited to, early implementation of future emissions controls and seasonal controls.
(d) The criteria for the modification, suspension, and revocation of an emissions reduction credits certificate.
(e) The data and information required for the monitoring of ERCs.
(f) Public notice and hearing procedures for the certification and revocation of emissions reduction credits.
(g) Interstate trading of emissions reduction credits.
(h) Procedures for implementing trading and banking programs for all emissions reduction credit mechanisms.
II. Any proposed special temporary rules to be adopted under paragraph I shall be submitted for review and recommendation to the air pollution advisory committee and the air resources council at least 30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA 541-A shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to filing a notice of proposed rule with the director of legislative services under RSA 541-A:6. Any proposed allocations of any emissions reduction mechanisms pursuant to RSA 125-J:4-b shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to the allocation.