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 use by devices and sources in satisfying any RACT requirement under the Clean Air Act and RSA 125-C shall be transferred in accordance with the offset ratios for nonattainment areas as provided in the Clean Air Act.
III. ERCs certified for reductions of either nitrogen oxides (NOx) or volatile organic compounds (VOCs) under RSA 125-J:4, I, shall be eligible to satisfy any applicable offset requirements for the other upon a determination that such proposed substitution does not jeopardize any attainment demonstration and does not violate any applicable requirement of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS), and upon the approval of EPA. Substitution of NOx and VOCs reductions shall be in a ratio approved by the department and EPA.
IV. The ratios provided in paragraphs I, II, and III are established solely for the purpose of transferring ERCs between devices and sources and do not modify, amend or supercede any offset requirements of the Clean Air Act.
V. Interstate trading of ERCs shall be permitted as approved by EPA and in accordance with rules adopted pursuant to this chapter.
Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.