1. (a) CO2 allowances that meet the following criteria shall be available to be deducted for compliance with the requirements of Env-A 4605 for a control period or an interim control period:

   1. (1) For CO2 allowances other than CO2 offset allowances, the allowances are from allocation years that fall within a prior control period or prior interim control period or the same control period or same interim control period for which the allowances will be deducted; and

   2. (2) The CO2 allowances are:

      1. a. Held in the CO2 budget source’s compliance account as of the CO2 allowance transfer deadline for that control period or interim control period; or
      2. b. Transferred into the compliance account by a CO2 allowance transfer correctly submitted for recordation under Env-A 4608.01 by the CO2 allowance transfer deadline for that control period or interim control period.
2. (b) As provided in RSA 125-O:22, II, a CO2 budget source may use offset allowances for up to 3.3 percent of its compliance obligation.
3. (c) CO2 allowances shall not be available for current compliance if the allowances were deducted for excess CO2 emissions for a prior control period under Env-A 4605.08.
4. (d) Allowances deducted for the purpose of compliance shall not be available for any other purpose.

Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09 New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20