EVIDENCE OF LEGAL AUTHORITY 

40 CFR Part 51, Appendix V, 2.1(c) 

Laws of New Hampshire, RSA 125-C:4 

Rulemaking Authority; Subpoena Power 
TITLE 

U .LrA C ,JClEAL .i. 

CHAPTER 125~ C 

AIR .POLLUTION CONTROL 

Sectron12s-C :4 

12S-C:4 RuCemalcino Authority; Subpoena I'avver. - ' 

I . The commissioner shall adopt rules under RSA 54~1-A, relative to: 

(a) The prevention, control, abatement, and limitation of air pollution, including, bul 

not limieed to, open air source pollution, mobile source pollution, and stationary source 

pollution, 

(b) Primary and secondary ambient air quality standards . 

(c) Procedures to meet air pollution emergencies, as authorized by RSA 12.5-C ;9 . 

(d) The establishment and operation of a statewide permit .qystcrn, as authorized by 

RSA 125-C:6, XIV, RSA 125-C :11, 1 and RSA 125-C:11, I-a. 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the 

permit requirements of RSA 125-C:11, as authorized by RSA 125-C:1 1, Il . 

(f) The exemption of certain devices arid non-Title V sources fl-am the permit 

requirements of RSA 125-C :11, 1,Lnd the conformance of exerriptcd devices to 

established standards, as authorized by RSA 125-C:11, 1 . 

(1;) The forms and information required on applications for temporary and perinanent 

permits required under RSA 125-C :11, as authorized by RSA 125-~C ;12, I. 

(h) Notification of and public hearing on permit applications, including exemptions 

from those requirements, as authorized by RSA 125-C:12,11 . 

(i) Fees for permit application and review, as authorized by RSA 125-C :12, IV-(I, 

(j) Procedures for permit application review, as authorized by RSA 125-C :11, IV, 

and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C :13 . (lc) Procedures for air testing and monitoring and rccordkeeping, as authorized by 

RSA 125-C:6, XI. 

(1) Procedures for receiving violation complaints and for rules enforcement, as 

authorized by RSA 125-C:15, I. 

(m) -Procedures for granting variances, as authorized by I ;SA 12_5-C :7 6. 

(n) The manufacture, use, or sale of consumer products for purposes of implementing 

RSA 485:16-c. 

(o) Applicability thresholds for emissions of particulate rnatter, mercury, and dioxin 

as provided in RSA 125-C; l 0-b, VII(f) . 

(p) The duration of timc during which no additional best available control technology 

determination is required as provided in RSA 125-C :10-b, IV and VI. 

(q) Procedures for establishing standards for and certification of any inaterial, that is 

not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-

C:10-b . 
(r) Standards and testing requimments for biomass and eligible bionrass-fuet as 

authorized by RSA 125-C :6, XIV-a. 

1-a . In adopting rules under paragraph 1, the departmeait may incorporate by reference 

standards issued by the California ait resources board relative to certification and testing 

of vapor recovery equip1nent, 

1-b. In adopting rules undcr subpar'agraph I(n), the deparlment may incorporate by 

reference other state test methods and procedures that are referenced in the model rules of 

the Ozone Transport Commission (OTC) concerning consumer' products, as defined in 

RSA 125-C:2, -V-c. 

II . The commissioner is authorized to issue subpoenas requiring the attendance of such 

witnesses and the production of such evidence and to administer such onths and to take 

such testimony as he may deem necessary . 

Source. 1979, 359:2 . 1986, 202:8 . 1996, 228 :19, 104 ; 278:2, 3 . 2001, 293 :5 . 2003, 137 :3 .-

2004, 175:2, eff. May 27, 2004, 2005, 173:3, eff. June 29, 2005. 2008, 113 :3, eff, Aug. 2, 

2008 . 2010, 183:6, eff, Tune 21, 2010 .