N.H. Code Admin. R. Puc 2505.11 - Suspension of Eligibility to Produce Certificates for Biomass Facilities

(a) The commission shall suspend the certification of a facility that uses biomass fuels for one or more calendar quarters when the department informs the commission that one of the following events has occurred:
(1) The facility has failed to verify that it complies with the requirements of RSA 362-F:4, I(f), (k) and (l) relative to NOx emissions or an alternative plan to reduce NOx emissions, and RSA 362-F:12, I relative to NOx emissions monitoring;
(2) The facility has failed to comply with the requirements of RSA 362-F:4, I(f), (k), and (l) relative to particulate emissions or an alternative plan to reduce particulate emissions and RSA 362-F:12, II relative to stack testing;
(3) The facility has failed to comply with the requirements of RSA 362-F:4, I(l) relative to best management practices;
(4) The facility has failed to comply with the requirement in RSA 362-F:12, III to provide a quarterly or annual filing to the commission and department relative to emissions monitoring and stack testing and an alternative emissions reduction plan, if applicable; or
(5) The facility fails to meet any of the applicable requirements in Puc 2505.04.
(b) The suspension of certification pursuant to (a) above shall be for so long as the facility has not verified that it complies with the emission requirements, including best management practices.
(c) A facility suspended pursuant to (a) above shall have its suspension lifted upon demonstration to the commission of certification by the department that it meets the emission requirements and is operating in accordance with best management practices.
(d) Upon demonstration pursuant to (c) above, the facility shall be certified to be issued certificates as of the next calendar quarter.
(e) Prior to any suspension under this section, the facility shall have an opportunity for hearing as described in Puc 2505.15.

Notes

N.H. Code Admin. R. Puc 2505.11

#9037, INTERIM, eff 11-27-07, EXPIRED: 5-25-08

New. #9169, eff 6-3-08

Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10741, Effective 12/5/2014. Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12473, Effective 2/1/2018, Expires 2/1/2028.

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