(a) The owner or operator of a CO2 budget source that has excess CO2 emissions in any control period, or excess interim emissions for any interim control period, shall:
- (1) Forfeit the CO2 allowances required for deduction under Env-A 4605.08, provided CO2 offset allowances shall not be used to cover any part of such excess CO2 emissions; and
- (2) Pay any fine, penalty, or assessment or comply with any other remedy imposed under RSA 125-O:7 or RSA 125-O:22, V.
- (b) The department shall notify the owner or operator after forfeiture in (a)(1) above and prior to payment in (a)(2) above of the opportunity to request a hearing in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings.
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