User sources intending to use ERCs in accordance with Env-A 3006.10 shall comply with the following procedures:

1. (a) Any ERCs shall become public emissions credits and shall revert to the state unless written consent to hold the ERCs is requested in writing and obtained from the department;

2. (b) Such written consent shall be requested:

   1. (1) Within 120 days following the shutdown (or the effective date of this rule, whichever is later);
   2. (2) At least 30 days before the intended use period begins; and
   3. (3) At least annually, if the intended use period will not begin prior to one year after the most recent request;
3. (c) Pending the department's determination on the request for approval of the holding of ERCs, the User source shall not use the ERCs; and
4. (d) The request shall contain all of the information, as set forth in Env-A 3003.04, required to qualify for receipt of a credit.

5. (e) The request shall contain a demonstration that the proposed reductions are in excess of shifting demand. This demonstration shall include either:

   1. (1) A signed statement that the Generator source shall not shift production, and correspondingly increase emissions, to other sources located either within or outside New Hampshire; or
   2. (2) A signed statement specifying the amount and location of the shifted production, and corresponding emissions increase, to other sources located either within or outside New Hampshire.

Source. #6441, EXEMPT, eff 1-21-97