CHAPTER Env-A 2900
SULFUR DIOXIDE AND NITROGEN OXIDES ANNUAL BUDGET TRADING AND BANKING
PROGRAM
Statutory
Authority: RSA 125-O:3; RSA 125-O:8, I
PART Env-A 2901
PURPOSE; APPLICABILITY; REFERENCES
Env-A
2901.01 Purpose. The purpose of this chapter is to reduce
emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) by
establishing:
(a) New Hampshire’s SO2 and NOx
annual budget trading and banking program;
(b) The method for allocating allowances under
that program; and
(c) The requirements for emissions monitoring,
recordkeeping, reporting, and automatic deduction of allowances to offset
excess emissions.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A
2901.02 Applicability.
(a) This chapter shall apply to affected sources
as defined in RSA 125-O:2, I, namely “existing fossil fuel burning steam power
plant units in this state, specifically Merrimack Units 1 and 2 in Bow;
Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington,
excluding any of these units that may be repowered.”
(b) Because Schiller Unit 5 commenced operation
after repowering on October 20, 2006, that unit shall not be subject to this
chapter.
Source. #10002, eff 10-1-11; ss by #12995, eff
2-25-20
Env-A 2901.03 References. For the purpose of this chapter, unless
otherwise specified all references to 40 CFR 72 and 40 CFR 75 shall be to the July 1, 2019 edition.
Source.
#10002, eff 10-1-11; ss by #12995, eff 2-25-20
PART Env-A 2902
DEFINITIONS
Env-A
2902.01 “Account number” means the
identification number assigned by the allowance tracking system (ATS)
administrator to an account in which allowances are held in the ATS.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.01); ss
by #12995, eff 2-25-20
Env-A
2902.02 “Account” means the place in the
ATS where allowances are recorded that includes one or more of the following:
(a) A compliance account;
(b) A general account; and
(c) An overdraft account.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.02); ss
by #12995, eff 2-25-20
Env-A 2902.03
“Acquiring account” means the account of the participant in an allowance
transfer who obtains allowances through purchase, trade, or gift, or at
auction.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.03); ss
by #12995, eff 2-25-20
Source. #10002, eff 10-1-11 (from Env-A 2903.04); ss
by #12995, eff 2-25-20
Env-A
2902.05 “Allocate” means the initial
assignment of allowances to an affected source through this chapter which is
recorded by the ATS administrator to an ATS account. The term includes “allocation.”
Source. #10002, eff 10-1-11 (from Env-A 2903.05); ss
by #12995, eff 2-25-20
Env-A 2902.06
“Allowance” means “allowance” as defined in RSA 125-O:2, II, reprinted
in Appendix B, except that for purposes of this chapter, the term does not
include mercury or carbon dioxide (CO2) .
Source. #10002, eff 10-1-11 (from Env-A 2903.06); ss
by #12995, eff 2-25-20
Env-A
2902.07 “Allowance deduction” means the
withdrawal of allowances by the ATS administrator from an ATS account for
permanent retirement.
Source. #10002, eff 10-1-11 (from Env-A 2903.07); ss
by #12995, eff 2-25-20
Env-A
2902.08 “Allowance tracking system
(ATS)” means, as applicable based on context, either:
(a) The system operated and maintained by the
U.S. Environmental Protection Agency (EPA) for tracking SO2
allowance use for the acid rain program and for tracking the number of
allowances held and used by any person; or
(b) A system operated and maintained by either
EPA or the department for tracking annual NOx allowance use and for tracking
the number of allowances held and used by any account holder.
Source. #10002, eff 10-1-11 (from Env-A 2903.08); ss
by #12995, eff 2-25-20
Env-A 2902.09
“Allowance transfer” means the conveyance of one or more allowances from
one account to another by whatever means, including but not limited to
purchase, trade, or gift or at auction, in accordance with the procedures
established in this chapter.
Source. #10002, eff 10-1-11 (from Env-A 2903.09); ss
by #12995, eff 2-25-20
Env-A 2902.10
“Allowance transfer deadline” means the deadline, which is 12:01 a.m. on
January 31, for recording allowances in an affected source’s compliance or
overdraft account for purposes of meeting the requirements of this chapter for
the preceding calendar year.
Source. #10002, eff 10-1-11 (from Env-A 2903.10); ss
by #12995, eff 2-25-20
Env-A
2902.11 “Alternative monitoring system”
means a system, or a component of a system, that is designed to provide direct
or indirect data of mass emissions per time period,
pollutant concentration, or volumetric flow, as provided for in this chapter.
Source. #10002, eff 10-1-11 (from Env-A 2903.11); ss
by #12995, eff 2-25-20
Env-A 2902.12 “ATS administrator” means:
(a) For an ATS operated and maintained by EPA,
the administrator of EPA or the administrator’s designee; or
(b) For an ATS operated and maintained by the
department, the commissioner of the department or the commissioner’s designee.
Source. #10002, eff 10-1-11 (from Env-A 2903.12); ss
by #12995, eff 2-25-20
Env-A 2902.13
“Authorized account representative (AAR)” means an individual who has
been authorized in writing by the account holder to transfer and otherwise
manage allowances as well as to certify reports to the ATS and the ETS.
Source. #10002, eff 10-1-11 (from Env-A 2903.13); ss
by #12995, eff 2-25-20
Env-A
2902.14 “Banked allowance” means an
allowance that is not used to reconcile emissions in the designated year of
allocation but that is carried forward into the next year and flagged in the
account as banked.
Source. #10002, eff 10-1-11 (from Env-A 2903.14); ss
by #12995, eff 2-25-20
Env-A 2902.15
“Banking” means the retention of unused allowances from one year for use
in a future year.
Source. #10002, eff 10-1-11 (from Env-A 2903.15); ss by #12995, eff 2-25-20
Env-A 2902.16
“Baseline power generation output” means the combined total
megawatt-hours (MWh) produced by all affected sources during calendar year
1999, namely 4,859,247 MWh.
Source. #10002, eff 10-1-11 (from Env-A 2903.16); ss
by #12995, eff 2-25-20
Env-A
2902.17 “Budget” means total combined
annual allocations.
Source. #10002, eff 10-1-11 (from Env-A 2903.18); ss
by #12995, eff 2-25-20
Env-A
2902.18 “Compliance account” means the
ATS account for each affected source that holds current and future year
allowances useable for a specific designated calendar year as indicated by
their serial number.
Source. #10002, eff 10-1-11 (from Env-A 2903.19); ss
by #12995, eff 2-25-20
Env-A 2902.19 “Discrete emission
reduction (DER)” means “ ‘discrete emission reduction’ or ‘DER’ ” as
defined in RSA 125-O:2, V, namely, “an emission reduction generated over a
discrete period of time, and measured in weight (e.g., tons).”
Source. #10002, eff 10-1-11 (from Env-A 2903.20); ss
by #12995, eff 2-25-20
Env-A
2902.20 “Electric generating device”
means any fossil fuel combustion device of 25 MW nameplate capacity or greater
that provides electricity for sale or use.
Source. #10002, eff 10-1-11 (from Env-A 2903.21); ss by
#12995, eff 2-25-20; ss by #12995, eff 2-25-20
Env-A
2902.21 “Electric output” means the
amount of electricity generated, in MWh, by an electric generating device.
Source. #10002, eff 10-1-11 (from Env-A 2903.22); ss
by #12995, eff 2-25-20
Env-A
2902.22 “Emissions tracking system
(ETS)” means the computerized system operated and maintained by EPA for
tracking emissions for the acid rain program and for tracking emissions from
affected sources.
Source. #10002, eff 10-1-11 (from Env-A 2903.23); ss
by #12995, eff 2-25-20
Env-A 2902.23 “ETS
administrator” means the administrator of EPA or the administrator’s designee.
Source. #10002, eff 10-1-11 (from Env-A 2903.24); ss
by #12995, eff 2-25-20
Env-A 2902.24
“Excess emissions” means the amount of
emissions, rounded to the nearest whole ton, that are greater than the
equivalent number of allowances available in the affected source’s compliance
or overdraft account by the allowance transfer deadline for that year.
Source. #10002, eff 10-1-11 (from Env-A 2903.25); ss
by #12995, eff 2-25-20
Env-A 2902.25
“Fossil fuel” means natural gas, petroleum, coal, or any form of solid,
liquid, or gaseous fuel derived wholly or in part from such material.
Source. #10002, eff 10-1-11 (from Env-A 2903.26); ss
by #12995, eff 2-25-20
Env-A
2902.26 “General account” means an ATS
account that is not a compliance account or an overdraft account.
Source. #10002, eff 10-1-11 (from Env-A 2903.27); ss
by #12995, eff 2-25-20
Env-A 2902.27 “Heat
input” means the heat derived from the combustion of fuel in an affected source
not including the heat derived from preheated combustion air, recirculated flue
gas, or exhaust from other sources.
Source. #10002, eff 10-1-11 (from Env-A 2903.29); ss by #12995, eff 2-25-20
Env-A
2902.28 “Net electric output” means the
final output of energy from a process after deducting any energy output
consumed in any way related to generating energy through that process.
Source. #10002, eff 10-1-11 (from Env-A 2903.30); ss
by #12995, eff 2-25-20
Env-A
2902.29 “Nameplate capacity” means the
maximum unrestricted electrical generating output, in MW, that a generator can
sustain over a specified period of time.
Source. #10002, eff 10-1-11 (from Env-A 2903.31); ss by #12995, eff 2-25-20
Env-A
2902.30 “Overdraft account” means the
ATS account established by the ATS administrator for each facility where there
are 2 or more affected sources, where allowances can be held by a group of
affected sources.
Source. #10002, eff 10-1-11 (from Env-A 2903.32); ss
by #12995, eff 2-25-20;
Source. #10002, eff 10-1-11 (from Env-A 2903.33); ss
by #12995, eff 2-25-20
Env-A 2902.32
“Person” means “person” as defined in RSA 125-O:2, VII, reprinted in
Appendix B.
Source. #10002, eff 10-1-11; ss by #12995, eff
2-25-20
Source. #10002, eff 10-1-11 (from Env-A 2903.34); ss
by #12995, eff 2-25-20 (formerly Env-A 2903.34)
Env-A
2902.34 “Renewable energy” means
“renewable energy” as defined in RSA 125-O:2, VIII, reprinted in Appendix B.
Source. #10002, eff 10-1-11 (from Env-A 2903.35); ss
by #12995, eff 2-25-20 (formerly Env-A 2903.35)
Env-A
2902.35 “Repowered unit” means
“repowered unit” as defined in RSA 125-O:2, IX, reprinted in Appendix B.
Source. #10002, eff 10-1-11 (from Env-A 2903.36); ss
by #12995, eff 2-25-20 (formerly Env-A 2903.36)
Env-A
2902.36 “Serial number” means the unique
number assigned to a specific allowance by the ATS administrator that identifies the allowance and indicates the year of allocation.
Source. #10002, eff 10-1-11 (from Env-A
2903.37); ss by #12995, eff 2-25-20 (formerly Env-A 2903.37)
Env-A
2902.37 “Submitted” means sent to the
appropriate ATS or ETS, as applicable, under the signature of the AAR.
Source. #10002, eff 10-1-11; ss by #12995, eff
2-25-20 (formerly Env-A 2903.38)
PART Env-A 2903 ALLOWANCES
Env-A
2903.01 Legal Attributes of
Allowances.
(a) An allowance shall
be a marketable emissions authorization that can be bought, sold, or traded at
any time during any year, not just the current year.
(b) An allowance
shall not be a property right or create a property right for any person.
(c) Future
allocations shall not be a property right or create a property right for any
person
(d) No allowance or
future allocation shall constitute a security or other form of property.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss
by #12995, eff 2-25-20
Env-A 2903.02 Holding
and Using Allowances.
(a) The owner or
operator of each affected source shall, no later than the allowance transfer
deadline, hold in the appropriate account for that affected source:
(1) A quantity of SO2 allowances
equal to or greater than the total SO2 emitted from that affected
source during the previous year; and
(2) A quantity of NOx allowances equal to or greater
than the total NOx emitted from that affected source during the previous year.
(b) To use an
allowance for compliance with this chapter in a designated compliance year, the
allowance shall be:
(1) Already in a compliance or overdraft account
as of the allowance transfer deadline; or
(2) Transferred into the compliance account by
an allowance transfer submitted by the allowance transfer deadline.
(c) Allowances shall
be allocated, transferred, or used only as whole allowances.
(d) If emissions are
not reported in whole numbers, the number of allowances needed for those
emissions shall be determined by rounding the tons emitted down to the nearest
whole number if the fraction is less than 0.50 and rounding the tons emitted up
to the nearest whole number if the fraction is 0.50 or greater.
(e) An allowance shall not be used prior to the
year for which the allowance is allocated.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A
2903.03 Conversion
of NOx Allowances to DERs.
(a) Allowances under this chapter shall not be
considered offsets as defined in RSA
125-J:1, XX, however NOx allowances that are not used to satisfy the
requirements of this chapter and that are not banked may be converted to
non-ozone season NOx DERs in accordance with Env-A 3100.
(b) Each affected
source for which unused NOx allowances are converted to NOx DERs in accordance
with Env-A 3103 shall surrender those converted allowances as if they had been
used for actual emissions.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #10002, eff
10-1-11; ss by #12995, eff 2-25-20
Env-A 2903.04 Repowering. Any affected source that repowers after May
13, 2003, the original effective date of this chapter, shall no longer receive
allowances beginning on the date of commencement of operation after repowering.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff
5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2904.03); ss
by #12995, eff 2-25-20
PART Env-A 2904 ANNUAL EMISSION BUDGETS; ALLOWANCE ALLOCATION
Env-A
2904.01 SO2
Budget.
(a) Subject to (b),
below, the annual SO2 budget shall be determined by multiplying the
combined baseline power generation from the affected sources by 3.0 pounds per
MWh.
(b) The annual SO2
budget shall be no more than 7,289 tons.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2905.01); ss by #12995, eff 2-25-20
Env-A 2904.02 NOx Budget.
(a) Subject to (b), below, the annual NOx budget shall be determined
by multiplying the combined baseline power generation from the affected sources
by 1.5 pounds per MWh, and then subtracting the seasonal NOx allowances
allocated to the affected sources pursuant to Env-A 3200.
(b) The annual NOx budget, including the seasonal NOx allowances
allocated to each affected source pursuant to Env-A 3200, shall be no more than
3,644 tons.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2905.02); ss by #12995, eff 2-25-20
Env-A 2904.03 Allocation of Emission Budgets. Using the methodology specified in Env-A
2904.05, the department shall allocate the allowances in each emission budget
determined as specified in Env-A 2904.01 and Env-A 2904.02 to the affected
sources on December 31 of each year.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2904.04 Transfer of SO2 Allowances. As required by RSA 125-O:4, IV(a)(2), each
affected source shall transfer to the department all annual SO2
allowance allocations provided under the federal acid rain program.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2904.05 Allowance
Allocation Methodology.
(a) By April 30 of
each year, the department shall calculate allowance allocations for each
affected source for the following year in accordance with (c) through (e),
below.
(b) The department
shall submit the allowance allocations for each year to the ATS administrator.
(c) The following
shall apply to the calculations of the number of allowances to be allocated to
each affected source specified in (d) and (e), below:
(1) “EBNOx”
means the NOx emissions budget determined as specified in Env-A 2904.02;
(2) “EBSO2” means the SO2
emissions budget determined as specified in Env-A 2904.01;
(3) “EO(y-2)” means an affected source’s net
electrical output in MWh for the year that was 2 years prior to y;
(4) “EO(y-3)” means an affected source’s net
electrical output in MWh for the year that was 3 years prior to y;
(5) “UAA(y)” means an affected source’s
allocation for year y, adjusted so that the total allocation does not exceed
the budget; and
(6) “UUA(y)” means an affected source’s
unadjusted allocation for year y.
(d) The adjusted SO2
allocation for each individual affected source shall be calculated as follows:
(1) The affected source’s unadjusted allocation
for the current year shall be determined by multiplying the average net
electrical output of the affected source in MWh for the years 2 and 3 years
prior to the current year by 3.0 lbs per MWh, and
dividing the result by 2,000 lb/ton, as shown in the
formula below:
UUA(y) = [(EO(y-2) + EO(y-3))/2] x 3.0 lbs/MWh
2,000
lb/ton
(2) The affected source’s adjusted allocation
for the current year shall be determined by multiplying the UUA(y) calculated
pursuant to (1), above, by the SO2 emissions budget and dividing the
result by the sum of all affected sources’ unadjusted allocations, as shown in
the formula below:
UAA(y) = UUA(y) x EBSO2
sum of all affected sources’ UUA(y)
(e) The adjusted NOx
allocation for each individual affected source shall be calculated as follows:
(1) The affected source’s unadjusted allocation
for the current year shall be determined by multiplying the average net
electrical output of the affected source in MWh for the years 2 and 3 years
prior to the current year by 1.5 lbs per MWh, and
dividing the result by 2,000 lb/ton, as shown in the
formula below:
UUA(y) = [(EO(y-2) +
EO(y-3))/2] x 1.5 lbs/MWh
2,000
lb/ton
(2) The affected source’s adjusted allocation
for the current year shall be determined by multiplying the UUA(y) calculated
pursuant to (1), above, by the NOx emissions budget and dividing the result by
the sum of all affected sources’ unadjusted allocations, as shown in the
formula below:
UAA(y) = UUA(y)
x EBNOx
sum of all affected sources’ UUA(y)
(f) Using the best
available data as reported by the affected source to the Energy Information
Administration and to the department no later than April 15 of each year, the
department shall determine the net electric output for the affected source.
Source. #10002, eff
10-1-11 (from Env-A 2906.05); ss by #12995, eff 2-25-20
Env-A
2904.06 Allocation of Bonus SO2
Allowances.
(a) Each affected source shall be eligible to
receive bonus SO2 allowances for local reductions made by the
affected source in the previous year.
(b) To receive an
allocation of bonus SO2 allowances for local reductions, the
(c) The request
submitted pursuant to (b), above, shall:
(1) Include detailed calculations that show the
difference between the affected source’s annual average SO2
emissions for the 3 years prior to the previous year and the annual SO2
emissions for the previous year; and
(2) Be submitted no later than April 15 of each
year.
(d) Subject to (h), below,
in response to a request that complies with (c), above, the department shall
allocate bonus SO2 allowances equal to the difference between the
affected source’s annual average SO2 emissions for the 3 years prior
to the previous year and the annual SO2 emissions for the previous
year.
(e) Each affected
source also shall be eligible to receive one bonus SO2 allowance per
year for every 4 SO2 allowances that were initially allocated to a
source located within the OTR and subsequently purchased by the affected source
under the federal acid rain program and used for compliance with this chapter
in the previous year.
(f) To receive an
allocation of bonus SO2 allowances pursuant to (e), above, the
(g) The request
submitted pursuant to (f), above, shall:
(1) Identify the serial numbers of all SO2
allowances being used to qualify for the bonus allowances;
(2) Provide the name and location of each source
to which the allowances were initially allocated, and
(3) Be submitted no later than April 15.
(h) Subject to (i), below, in response to a request that complies with (g),
above, the department shall allocate one bonus SO2 allowance per
year for every 4 SO2 allowances that initially were allocated to a
source located within the OTR and subsequently purchased by the affected source
under the federal acid rain program and used for compliance with this chapter
in the previous year.
(i) The
combined sum of all bonus SO2 allowances received by the affected
sources shall not exceed 20,000 in any given year.
Source. #10002, eff
10-1-11 (from Env-A 2906.07); ss by #12995, eff 2-25-20
PART Env-A 2905 ALLOWANCE TRANSFER AND BANKING
Env-A 2905.01 Initiating
an Allowance Transfer.
(a) To initiate an
allowance transfer, the
(1) Prepare a transfer request as specified in
(b), below;
(2) Authorize and certify the transfer request
by signing the statement specified in (c), below;
(3) Send the transfer request in writing or in
electronic form to the ATS administrator; and
(4) Provide a copy of the transfer request to
each owner or operator of the affected source.
(b) The transfer
request shall contain the following information:
(1) The account number of the originating
account and of the acquiring account;
(2) The name and address associated with the
owner(s) of the originating account and of the acquiring account; and
(3) The serial number of each allowance being
transferred.
(c) The authorization
and certification statement shall read as follows:
“I
am authorized to make this submission on behalf of the owners and operators of
the affected source and I hereby certify, under penalty of law, that I have
personally examined the foregoing and am familiar with the information
contained in this document and all attachments, and that based on my inquiry of
those individuals immediately responsible for obtaining the information, I
believe the information is true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including possible fines and
imprisonment.”
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2905.02 Transfer
Processing. The ATS administrator
shall process transfer requests in order of receipt.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2907.04); ss by #12995, eff 2-25-20
Env-A 2905.03 Transfer
Completion. The transfer shall be
complete when the ATS administrator has verified that:
(a) Each allowance
listed in the transfer request is held by the originating account at the time
the transfer was recorded;
(b) The acquiring
party has an account in the ATS; and
(c) The transfer
request was filed by the person named as
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2907.05); ss by #12995, eff 2-25-20
Source. #10002,
eff 10-1-11 (from Env-A 2907.06); ss by #12995, eff 2-25-20
Env-A 2905.05 Transfer
Notification.
(a) The ATS
administrator shall send written or electronic notification of an allowance
transfer to:
(1) The
(2) The
(b) The notification
sent pursuant to (a) above, shall include:
(1) The effective date of the transfer;
(2) Identification of the originating account and
the acquiring account by name and account number;
(3) The number of allowances transferred; and
(4) The serial number of each allowance
transferred.
Source. #10002,
eff 10-1-11 (from Env-A 2907.07); ss by #12995, eff 2-25-20
Env-A
2905.06 Price Disclosure. Subject to a claim of confidentiality in
accordance with Env-C 208, each affected source shall make available to any
person, all information regarding transaction cost and allowance price.
Source. #10002,
eff 10-1-11 (from Env-A 2907.08); ss by #12995, eff 2-25-20
Env-A 2905.07 Use
of Allowances by Utilities. As
provided in RSA 125-J:5, XIII, the use of allowances by a utility, as defined
in RSA 362:2, shall be subject to such additional conditions as are ordered by
the New Hampshire public utilities commission pursuant to its authority.
Source. #10002,
eff 10-1-11 (from Env-A 2907.09); ss by #12995, eff 2-25-20
PART Env-A 2906 ALLOWANCE TRACKING SYSTEM (ATS)
Env-A 2906.01 Database Maintenance for Allowance
Transfer and Use.
(a) The ATS administrator shall maintain the ATS as the official
database for all SO2 and NOx allowance use and transfer.
(b) The
ATS administrator shall track and maintain the following information:
(1) The allowances allocated to each affected source;
(2) The allowances held in each account;
(3) The allowances used by each affected source during each year;
(4) The accounts established for each affected source to determine
compliance for the source;
(5) The accounts opened by individuals or entities, upon request, that are not used for compliance purposes;
(6) The allowance transfers, as submitted voluntarily by the source;
and
(7) The deductions of
allowances for compliance purposes.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2909.01); ss by #12995, eff 2-25-20
Env-A 2906.02 Compliance
and Overdraft Accounts.
(a) The ATS
administrator shall maintain:
(1) A compliance account for each unit at each
affected source; and
(2) An overdraft account for each owner or
operator of one or more units.
(b) The ATS administrator
shall identify each account using an account number.
(c) The ATS
administrator shall maintain the following information for each compliance and
each overdraft account:
(1) The name and mailing address of the account
owner;
(2) The name, mailing address, and daytime
telephone number of the AAR for the account; and
(3) The physical location, by street address and
municipality, of the affected source.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2909.02); ss by #12995, eff 2-25-20
Env-A 2906.03 General
Accounts.
(a) The ATS administrator
shall allow general accounts to be established.
(b) Any person
wishing to open a general account shall:
(1) Designate an AAR as described in Env-A
2906.04; and
(2) Provide an account certificate of representation
prepared in accordance with Env-A 2906.05 to the ATS administrator.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2909.03); ss by #12995, eff 2-25-20
Env-A 2906.04 Authorized
Account Representative.
(a) Each holder of a
compliance account, overdraft account, or general account shall designate one
individual to be the AAR for the account and one individual to be the alternate
(b) The alternate AAR shall have the same
authority to initiate allowance transfers and file reports as the
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2909.04); ss by #12995, eff 2-25-20
Env-A 2906.05 Account
Certificate of Representation.
(a) The ATS
administrator shall officially accept the designated AAR for an account upon
receipt of an Account Certificate of Representation (ACR) from the
(b) The ACR shall
contain the following information:
(1) Identification of the affected source by
plant name, address, and unit number;
(2) The number of the account for which the ACR
is being submitted;
(3) The name, mailing address, and telephone
number of the AAR and alternate
(4) The name of each owner and operator of the
affected source.
(c) The AAR or
alternate
(d) The signature of
the AAR or alternate
“I
certify that I, ____(name of AAR or alternate AAR)_____ have been
designated as the AAR / alternate AAR (select one) by an agreement binding on
the owners and operators of the affected source legally designated as______(name
of plant)_______. I certify that I
have all of the authority necessary to carry out my duties and responsibilities
under the SO2 and NOx Annual Budget Trading and
Banking Program on behalf of the owners and operators of the affected source
and of each unit at the source and that each such owner and operator shall be
fully bound by my representations, actions, inactions, or submissions and by
any decision or order issued to me by the department, the administrator, or a
court regarding the source or unit.”
(e) A new
(1) All information required by (b), above, and
the signature required by (c), above; and
(2) The name of the AAR who is being replaced.
(f) The ATS
administrator shall record the change of
(g) After the change
of AAR has been recorded, the ATS administrator shall send notification of the
change of
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2909.05); ss by #12995, eff 2-25-20
PART Env-A 2907 EMISSIONS MONITORING AND REPORTING
Env-A
2907.01 Emissions Monitoring and
Reporting Required.
(a) The owner(s),
operator(s), and AAR of each affected source shall comply with the emissions
monitoring and reporting requirements as specified in this part and as
specified in 40 CFR 75, Subpart H.
(b) For purposes of
complying with (a), above, the definitions in 40 CFR §72.2 and 40 CFR 75 shall
apply, except that:
(1) The term “affected unit” shall be replaced with
the term “affected source” as defined in Env-A 2902.04;
and
(2) The term “designated representative” shall
be replaced with the term “
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2907.02 Emissions
Monitoring Systems and Data Accounting.
The owner or operator of each affected source shall:
(a) Maintain all
monitoring systems installed as required by Env-A 2910.02 as effective May 13,
2003, as reprinted in Appendix C, for the purposes of monitoring mass
emissions, including all systems that monitor emission rate, concentration,
heat input, net electrical output, and flow, in accordance with 40 CFR 75;
(b) Successfully
complete all certification tests required and meet all other provisions of this
part and 40 CFR 75 applicable to the monitoring systems identified in (a),
above; and
(c) Record and report
data from the monitoring systems identified in (a), above.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2907.03 Unapproved
Modifications to Monitoring Systems Prohibited.
(a) No owner or
operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall use any
alternative monitoring system, alternative reference method, or any other
alternative for the required continuous emission monitoring system without
having obtained prior written approval from the department and EPA in
accordance with this part.
(b) No owner or operator
of any source monitored under 40 CFR §75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, emissions to
the atmosphere without accounting for all such emissions in accordance with the
applicable provisions of this part and 40 CFR 75, except as provided in 40 CFR
§75.74.
(c) No owner or
operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall disrupt
the continuous emission monitoring system, or any portion thereof, or any other
approved emission monitoring method, except for periods of recertification or
periods when calibration, quality assurance testing, or maintenance is
performed in accordance with the applicable provisions of this part and 40 CFR
75, except as provided in 40 CFR §75.74.
(d) No owner or
operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall
permanently discontinue the use of the continuous emission monitoring system,
or any component thereof, or any other approved emission monitoring system
under this part, except under any one of the following circumstances:
(1) The owner or operator is monitoring
emissions from the unit with another certified monitoring
system approved for use at that unit in accordance with the applicable
provisions of this part and 40 CFR 75, based on the system providing emission
data for the same pollutant or parameter as the discontinued monitoring system;
or
(2) The
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2907.04 Initial
Certification and Recertification Procedures. The owner or operator of an affected source
shall comply with the initial certification and recertification procedures of
40 CFR 75.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2910.04); ss by #12995, eff 2-25-20
Env-A 2907.05 Certification/Recertification
Procedures for Alternative Monitoring Systems.
(a) The AAR of each
unit for which an application for approval to use an alternative monitoring
system is being submitted to the ATS administrator and, if applicable, the
department, under 40 CFR 75, Subpart E, shall apply for certification to the
department prior to using the system to comply with this chapter.
(b) The AAR shall
apply for recertification following a replacement of, or modification to, an
alternative monitoring system by following the same procedures as are required
for initial certification and recertification as specified in 40 CFR 75.
(c) The owner or
operator of an alternative monitoring system shall comply with the notification
and application requirements for certification by following the same procedures
as are required for notification and application relative to initial
certification and recertification, as specified in 40 CFR 75.20(f).
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2910.05); ss by
#12995, eff 2-25-20
Env-A
2907.06 Out of Control Periods.
(a) Whenever any
monitoring system fails to meet the quality assurance requirements of 40 CFR
75, Appendix B, data shall be substituted using the applicable procedures in 40
CFR 75, Subpart D, Appendix D or Appendix E.
(b) Whenever an audit
of a monitoring system and a review of the initial certification or
recertification application both reveal that any system or component should not
have been certified or recertified because it did not meet a particular
performance specification or other requirement under this part or the
applicable provisions of 40 CFR 75, both at the time of the initial
certification or recertification application submission and at the time of the
audit, the department shall issue a notice of disapproval of the certification
status of such system or component to the owner or operator of the affected
source.
(c) For the purposes
of this section, an audit shall be either a field audit or an audit of any
information submitted to the department or the ATS administrator.
(d) The data measured
and recorded by a system or component for which a notice of disapproval has
been issued pursuant to (b), above, shall not be considered valid
quality-assured data from the date of issuance of the notification of the
disapproval of certification status until the date and time that the owner or
operator completes subsequently approved initial certification or
recertification tests in accordance with Env-A 2907.04 or Env-A 2907.05, as
applicable.
(e) The owner or
operator of an affected source shall follow the initial certification or
recertification procedures for each disapproved system in accordance with Env-A
2907.04 or Env-A 2907.05.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2910.06); ss by #12995, eff 2-25-20
Env-A 2907.07 Notification. The AAR for an affected source shall comply
with the notification requirements of 40 CFR §75.61, except that the notice
shall also be submitted to the ATS administrator.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2910.07); ss by #12995, eff 2-25-20
Env-A 2907.08 Recordkeeping and Reporting of
Transactions Required.
(a) The
(b) Any submission made in accordance with 40 CFR 75, Subpart F or
Subpart G that includes data and
information required under this part or under 40 CFR 75, Subpart H, shall be
signed by both the AAR and the designated representative as defined in Env-A
100.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2907.09 Monitoring
Plans. The owner or operator of an
affected source shall comply with the requirements of 40 CFR §75.62, except
that the monitoring plan shall also include all of the
information required by 40 CFR 75, Subpart H.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (from Env-A 2910.09); ss by #12995, eff 2-25-20
Env-A 2907.10 Certification
Applications.
(a) The
(b) The application
submitted pursuant to (a), above, shall include the information required under
40 CFR 75, Subpart H.
Source. #10002, eff
10-1-11 (from Env-A 2910.10); ss by #12995, eff 2-25-20
Env-A
2907.11 Quarterly Reports.
(a) The
(b) The AAR shall
submit the reports required by (a), above, to the ATS administrator within 30
days following the end of the calendar quarter covered by the report, in the
manner specified in 40 CFR 75, Subpart H and 40 CFR §75.64.
(c) Each report
required by (a), above, shall include:
(1) All of the data and information required by
40 CFR 75, Subpart H, for each affected source or group of units using a common
stack;
(2) The information required by 40 CFR 75,
Subpart G; and
(3) A compliance certification in support of the
report based on an inquiry of those persons with primary responsibility for
ensuring that all of the unit’s emissions are
correctly and fully monitored.
(d) The certification
required by (c) above, shall state that:
(1) The monitoring data submitted were recorded
in accordance with the applicable requirements of this part and 40 CFR 75,
including the quality assurance procedures and specifications;
(2) For a unit with add-on emission controls and
for all hours where data are substituted in accordance with 40 CFR
§75.34(a)(1), the add-on emission controls were operating within the range of
parameters listed in the monitoring plan and the substitute values do not
systematically underestimate emissions; and
(3) The emission rate and concentration values
substituted for missing data under of 40 CFR 75, Subpart D do not
systematically underestimate emissions.
Source. #10002, eff
10-1-11 (formerly Env-A 2910.11); ss by #12995, eff 2-25-20
Env-A 2907.12 Reporting
in Electronic Format.
(a) The
(b) Emissions and
operations information shall be submitted to the ETS administrator within 30
days of the end of any quarter in which the owner or operator is required to
report.
Source. #10002, eff
10-1-11 (from Env-A 2911.01); ss by #12995, eff 2-25-20
Env-A 2907.13 Pounds
per Hour and Pounds per Year. The
owner or operator of each affected source shall provide the ETS administrator,
in the same quarterly reports and in a format consistent with the format
required under Env-A 2907.12, SO2 and NOx emissions in pounds per
hour for every hour during the year and cumulative quarterly and annual SO2
and NOx emission data in pounds.
Source. #10002, eff
10-1-11 (formerly Env-A 2911.02); ss by #12995, eff 2-25-20
Env-A 2907.14 Quarterly
Reporting. Each affected source
shall submit the data required pursuant to Env-A 2907.12 and Env-A 2907.13 to
EPA as part of the quarterly reports submitted to EPA for the purpose of
compliance with 40 CFR 75.
Source. #10002, eff
10-1-11 (formerly Env-A 2911.03); ss by #12995, eff 2-25-20
PART Env-A 2908 END-OF-YEAR RECONCILIATION
Env-A
2908.01 Determination of Compliance. The department shall determine compliance
with this chapter based on:
(a) Monitored
emissions data as reported by the affected source to the ETS administrator, and
as adjusted by the administrator to be in accordance with Env-A 2907; and
(b) Allowance
allocations and transfers recorded in the ATS.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.01); ss by
#12995, eff 2-25-20
Env-A
2908.02 Request for Deduction of
Allowances.
(a) No later than the
allowance transfer deadline of each year, the AAR shall request the ATS
administrator to deduct allowances available for the previous year from the
compliance account or overdraft account, or both, in an amount equivalent to
the number of allowances required to cover the emissions during the previous
year.
(b) The request
submitted pursuant to (a), above, shall identify:
(1) The compliance account or overdraft account
from which the deductions should be made; and
(2) The serial number of each allowance to be
deducted.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.02); ss by
#12995, eff 2-25-20
Env-A 2908.03 Deduction
of Allowances.
(a) The ATS
administrator shall deduct from the affected source’s compliance account or
overdraft account a number of allowances equal to the
affected source’s previous year emissions in response to a request submitted
pursuant to Env-A 2908.02 or on the ATS’s own initiative if a request is not
received.
(b) If the serial
number of each allowance to be deducted is not specified, the ATS administrator
shall deduct allowances for that compliance year in the order of their arrival
into the affected source’s account, with allocated allowances being deducted
first followed by the deduction of transferred allowances.
(c) If allowances
equivalent to the emissions are not available in the account, the ATS
administrator shall notify the
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.03); ss by #12995, eff 2-25-20
Env-A 2908.04 Procurement
of Additional Allowances. If the
emissions of the affected source in the previous year exceed the allowances in
the affected source’s compliance account and overdraft account, the affected
source shall obtain additional allowances by the allowance transfer deadline so
the total number of allowances in the affected source’s compliance account and
overdraft account, including allowance transfers properly submitted to the ATS
administrator by the allowance transfer deadline, equals or exceeds the previous
year annual emissions rounded to the nearest whole ton.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.04); ss by #12995, eff 2-25-20
PART Env-A 2909 COMPLIANCE CERTIFICATION
Env-A 2909.01 Annual
Compliance Certification Required.
The
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20
Env-A 2909.02 Annual
Compliance Certification Content.
The compliance certification required by Env-A 2909.01 shall contain the
following information:
(a) Identification of
the affected source, including:
(1) The name, mailing address, and physical
location of the affected source;
(2) The name of the
(3) The ATS account number;
(b) A statement
whether emissions data has been submitted to the ETS in accordance with the
procedures established in Env-A 2907 and in conformance with the requirements
of the ETS administrator;
(c) A statement
whether the affected source:
(1) Operated in compliance with the allowances
allocated for the year, including those obtained through transfer by the
allowance transfer deadline;
(2) Held sufficient allowances in its compliance
account and overdraft account for the year, as of the allowance transfer
deadline, to equal or exceed the recorded emissions for the year; and
(3) Was actually operated
and maintained in accordance with the applicable monitoring plan;
(d) A statement of
certification that all emissions from the affected source were accounted for,
either through monitoring in compliance with applicable requirements of this
chapter or by applying appropriate missing data procedures; and
(e) A statement of
whether there were any changes during the current year in the method of
operating or monitoring the affected source.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2913.03); ss by
#12995, eff 2-25-20
Env-A 2909.03 Compliance
Verification. The department shall
verify compliance by one or more of the following means, as needed to make an
accurate compliance determination:
(a) Inspecting
facility operating records;
(b) Obtaining
information on allowance deduction and transfers from the ATS;
(c) Obtaining
information on emissions from the ETS;
(d) Information
relative to testing emission monitoring devices; and
(e) Requiring the
affected source to conduct emissions testing under the supervision of the
department.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (formerly Env-A 2913.04); ss by #12995, eff 2-25-20
PART Env-A 2910 ENFORCEMENT PROVISIONS
Env-A 2910.01 Automatic
Deduction If emissions from an
affected source exceed allowances held in the affected source’s compliance
account or overdraft account for the year as of the allowance transfer
deadline, the ATS administrator shall deduct allowances from the affected
source’s compliance account or overdraft account for the next year at a rate of
3 allowances for every one ton of excess emissions.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (formerly Env-A 2914.01); ss by #12995, eff 2-25-20
Env-A 2910.02 Determination
of Violations. In accordance with
RSA 125-O:7, for purposes of enforcement of this chapter, the following shall
apply:
(a) In determining
the number of days of violation, any excess emissions for the year shall create
a presumption that each day in the year of 365 days constitutes a day in
violation;
(b) The affected
source may rebut the presumption established in (a), above, by demonstrating,
through use of verifiable emission data, that a lesser number of days should be
considered; and
(c) Each ton of excess emissions shall
constitute a separate violation.
Source. #7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11;
ss by #10002, eff 10-1-11 (formerly Env-A 2914.02); ss by #12995, eff 2-25-20
APPENDIX
Provision of the Proposed Rule |
Specific State or Federal Statutes or Regulations
which the Rule is Intended to Implement |
Env-A 2900 (also see
specific sections listed below) |
RSA 125-O:2; RSA 125-O:3;
RSA 125-O:4; |
Env-A 2901, Env-A 2902,
Env-A 2904, Env-A 2907 - Env-A 2913 |
RSA 125-O:6, I |
Env-A 2903 |
RSA 125-O:2 |
Env-A 2903.03 |
RSA 125-O:4, IV(b) |
Env-A 2903.04 |
RSA 125-O:2, I & IX |
Env-A 2904.01 |
RSA 125-O:3, III(a) |
Env-A 2904.02 |
RSA 125-O:3, III(b) |
Env-A 2904.04 |
RSA 125-O:4, IV(a)(2) |
Env-A 2904.05 |
RSA 125-O:8, I(b) |
Env-A 2904.06 |
RSA 125-O:4, IV(a)(2), (3),
& (4) |
Env-A 2905 |
RSA 125-O:3, III |
Env-A 2906 |
RSA 125-O:3, II & III;
RSA 125-O:4, IV; RSA 125-O:5 |
Env-A 2907 |
RSA 125-O:6, I; RSA
125-O:8, I |
Env-A 2907.01 |
RSA 125-O:8, I(c) |
Env-A 2908 |
RSA 125-O:6, I; RSA
125-O:8, I |
Env-A 2908.01 |
RSA 125-O:4, IV intro |
Env-A 2909 |
RSA 125-O:6, I; RSA
125-O:8, I |
Env-A 2909.01 |
RSA 125-O:4, IV intro; RSA
125-O:8, I(b) |
Env-A 2910 |
RSA 125-O:8, III |
Env-A 2910.02 |
RSA 125-O:7 |
Appendix
B: Statutory Definitions
RSA 125-O:2
Definitions. – In this chapter:
I. “Affected sources” means existing fossil fuel
burning steam electric power plant units in this state, specifically Merrimack
Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington
Unit 1 in Newington, excluding any of these units that may be repowered.
II. “Allowance” means a limited authorization to
emit one ton of SO2, one ton of NOx, one pound of mercury, or one
ton of CO2 during a specified year.
III. “Commissioner” means the commissioner of the
department of environmental services.
V. “Discrete emission reduction” or “DER” means
an emission reduction generated over a discrete period of
time, and measured in weight (e.g., tons).
VI. “Ozone transport region” means the ozone
transport region as established by section 184(a) of the Clean Air Act, 42
U.S.C. section 7511c.
VII. “Person” means any individual, partnership,
firm or co-partnership, association, company, trust, corporation, department,
bureau, agency, private or municipal corporation, or any political subdivision
of the state, the United States or political subdivisions or agencies thereof,
or any other entity recognized by law as subject to rights and duties.
VIII. “Renewable energy” means energy derived from
hydro, geothermal, wind, solar thermal, photovoltaic, biomass, methane waste,
tidal, or other source approved by the department.
IX. “Repowered unit” means an affected source
that has installed qualifying repowering technology as defined by 40 C.F.R.
part 72, or has replaced a unit by a new unit, provided the new replacement
unit:
(a) Is on the same or contiguous property as the
replaced unit, regardless of owner;
(b) Has a maximum power output rate equal to or
greater than the maximum power output rate of the replaced unit; and
(c) Is designed to control, or is equipped with
best available technology to control, emissions of multiple pollutants
simultaneously, and in conformity with the emissions rates and reductions used
to establish RSA 125-O:3.
Appendix C: Env-A 2910.02 as effective May 13, 2003
Env-A 2910.02 Requirements for Installation,
Certification, and Data Accounting.
No later than 10 days after the effective date of this chapter, the
owner or operator of each affected source shall:
(a) Install
all monitoring systems required under this part for monitoring mass emissions,
including all systems required to monitor emission rate, concentration, heat
input, net electrical output, and flow, in accordance with 40 CFR 75;
(b) Successfully
complete all certification tests required and meet all other provisions of this
part and 40 CFR 75 applicable to the monitoring systems under paragraph (a),
above; and
(c) Record
and report data from the monitoring systems under paragraph (a), above.