Section Env-A 3006.07 - ERCs for Offsets(a) ERCs used in satisfying any offset requirement under the Act or RSA 125-C, and the regulations and rules, including but not limited to Env-A 622, promulgated thereunder, respectively, shall be transferred on a permanent basis and shall have been obtained in accordance with the Act and RSA 125-J and the regulations and rules promulgated thereunder.(b) In addition to the complying with the requirements of Env-A 3007.05, pursuant to subsection 173(c)(1) of the Act, "the owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under" Title I Part D of the Act "for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the NAAQS" for ozone "in the nonattainment area in which the source is located".N.H. Admin. Code § Env-A 3006.07
#6441, EXEMPT, eff 1-21-97