1. (a) For sources generating DERs prior to the effective date of this rule, the owner or operator of a generator source shall provide a Notice and Certification of Generation to the division no later than 90 days after the effective date of this rule.

2. (b) For sources generating DERs after the effective date of this rule, the owner or operator of a generator source shall provide a Notice and Certification of Generation to the division:

   1. (1) No later than 90 days after the DER generation activity was completed,
   2. (2) One year after the first day of the generation period (and at least annually thereafter if longer than one year), or
   3. (3) Prior to the first day of the use period, whichever is sooner.
3. (c) The Notice and Certification of Generation shall be publicly available pursuant to part Env-A 3106.02.

4. (d) The Notice and Certification of Generation shall include the following information:

   1. (1) For stationary source reductions, identifying information, including:

      1. a. The name and address of the generator source, and
      2. b. The name of the owner and/or operator of the generator source.

   2. (2) For mobile source related reductions, identifying information as required in the applicable protocol, identified under (6) below, or described in USEPA guidance on protocols, including but not limited to:

      1. a. "Guidance to States Developing generic Emission Reduction Credits from Mobile Sources (MERC) regulations" (February, 1994);
      2. b. "Guidance for the Implementation of Accelerated Retirement of Vehicles Programs" (February, 1993);
      3. c. "Guidance for Emission Reduction Credit Generation by Clean Fuel Fleets and Vehicles" (January, 1993); or
      4. d. "Employee Commute Options Guidance" (December, 1992);".
   3. (3) The generation period.
   4. (4) A brief description of the generation activity.
   5. (5) The amount of DERs generated during the ozone season and the amount of DERs generated during other parts of the year.
   6. (6) The protocols that were used to calculate and document the DERs.
   7. (7) A list of all the generator source's applicable allowable emission rates.
   8. (8) A statement that the reductions were calculated in accordance with section Env-A 3103.02.
   9. (9) A statement that the DERs were not generated in whole or in part from actions prohibited pursuant to section Env-A 3103.07.

   10. (10) For each source subject to either New Hampshire's toxic air pollutant rules under Env-A 1300 or Env-A 1400 or subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amounts of toxic air pollutants, as defined in Env-A 1300 or Env-A 1400, and hazardous air pollutants, as defined below, emitted to the air as the result of the generation of the DER, except this provision shall not apply for DERs generated by NOx emissions reductions and for DERs generated by VOC emissions reductions if the emissions of each and every toxic or hazardous air pollutant do not increase and no new toxic or hazardous air pollutant is emitted and the generator source is in compliance with the ambient air limits (AALs) established by Env-A 1300 or Env-A 1400.

       1. a. A pollutant shall be reported under this paragraph, only if it:

       2. i. Has an AAL established by Env-A 1300 or Env-A 1400; or

          ii. Is listed both in 40 CFR 372.65 and section 112(b) of the Act, and it is a chemical which the source is reporting or expects to report under 40 CFR part 372 for the calendar year in which the DER was generated.

       3. b. Any quantity of a pollutant that the generator source knows, in accordance with the requirements in 40 CFR 372.30(b), is emitted as the result of the DER generation shall be reported.
       4. c. The notice shall include:

       5. i. The name and CAS number (if applicable) of each chemical reported under this paragraph;

          ii. If the chemical identity is claimed trade secret under 40 CFR 372, a generic name for the chemical as reported under 40 CFR 372.85(b)(11);

          iii. A mixture, as defined in 40 CFR 372.3, component identity if the chemical identity is not known; and

          iv. An estimate, in pounds, of total air emissions for the source for each chemical reported under this paragraph for the relevant time period of DER generation. Releases of less than 1,000 pounds may be indicated in ranges.

5. (e) Any Notice and Certification of Generation submitted pursuant to this section shall contain certification under penalty of law by a responsible official of the generator source of truth, accuracy and completeness. This certification shall state that:

   1. (1) Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete; and
   2. (2) The generator source is in compliance with all NAAQS, except for ground level ozone, and all AALs for toxics.

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