EVIDENCE OF THE PLAN’S ADOPTION

40 CFR Part 51, Appendix V, 2.1(b) 
EVIDENCE OF THE PLAN’S ADOPTION 

The cover letter, signed by the Governor’s designee, is evidence that the State of New 

Hampshire has adopted this Certification of Adequacy and revision to the State 

Implementation Plan (SIP). The only state requirement for SIP submittals is that at least 

30 days before the date of any public hearing related to SIP revisions, public notice shall 

be published in a newspaper of general daily statewide circulation. (See Env-A 204.01) 

Then if a hearing is held, it must be conducted in accordance with Env-C 205. (See EnvA 204.02) See the Evidence of Public Notice and the Certification of Public Hearing for 

evidence of the plan’s adoption in accordance with Env-A 204. 
EVIDENCE OF LEGAL AUTHORITY

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

Laws of New Hampshire, RSA 125-C:6 

Powers and Duties of the Commissioner 
TITLE X

PUBLIC HEALTH

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:6 

 125-C:6 Powers and Duties of the Commissioner. – In addition to the other powers 

and duties granted herein, the commissioner shall have and may exercise the following 

powers and duties: 

 I. Exercising general supervision of the administration and enforcement of this chapter 

and all rules adopted and orders promulgated under it; 

 II. Developing a comprehensive program and provide services for the study, 

prevention, and abatement of air pollution; 

 III. Conducting and encouraging studies relating to air quality; 

 IV. Collecting and disseminating the results of studies relating to air quality; 

 V. Advising, consulting, and cooperating with the cities and towns and other agencies 

of the state, federal government, interstate agencies, and other affected agencies or 

groups in matters relating to air quality; 

 VI. Encouraging local units to promote cooperation by the people, political 

subdivisions, industries, and others in preventing and controlling air pollution in the state; 

 VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, 

and qualified facilities to burn, a mixture that consists of at least 90 percent virgin no. 6 

oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 

279.11, table 1; 

 VII. Entering at all reasonable times in or upon any private or public property, except 

private residences, for the purpose of inspecting or investigating any condition which is 

believed to be either an air pollution source or in violation of any of the rules or orders 

promulgated hereunder. Any information, other than emission data, relating to secret 

processes or methods of manufacture or production obtained in the course of such 

inspection or investigation shall not be disclosed by the commissioner without permission 

of the person whose source is inspected or investigated; 

 VIII. Accepting, receiving, and administering grants or other funds or gifts for the 

purpose of carrying out any of the functions of this chapter, including such monies given 

under any federal law to the state for air quality control activities, surveys, or programs; 

 IX. Consulting the air resources council established by RSA 21-O:11 on the policies 

and plans for the control and prevention of air pollution; 

 X. Exercising all incidental powers necessary to carry out the purposes of this chapter; 

 XI. Conducting emission tests and requiring owners or operators of stationary sources 

to install, maintain, and use emission monitoring devices and to make periodic reports to 

the commissioner on the nature and amounts of emissions from such stationary sources. 

The commissioner shall have the authority to make such data available to the public and 

as correlated with any applicable emission standards; 

 XII. Carrying out a program of inspection and testing of all modes of transportation, to 

enforce compliance with applicable emission standards when necessary and practicable 

and to control or limit the operation of motor vehicular and other modes of transportation 
when in the opinion of the commissioner such modes of transportation are producing or 

pose an imminent danger of producing levels of air pollutants that will result in a 

violation of an ambient air quality standard, or that will result in a significant 

deterioration, as defined in applicable federal regulations, of existing air quality in an 

area classified as a "clean air'' area by state or federal regulations; 

 XIII. Coordinating and regulating the air pollution control programs of political 

subdivisions of the state and entering agreements with said subdivisions to plan or 

implement programs for the control and abatement of air pollution; 

 XIV. Establishing and operating a statewide system under which permits shall be 

required for the construction, installation, operation, or modification of air pollution 

devices and sources, which system shall be established pursuant to RSA 125-C:11 and 

the sections which follow. The authority vested in the commissioner by this section shall 

include the power to delay or prevent any construction, modification, or operation of said 

air pollution sources and modifications which, in the opinion of the commissioner, would 

cause the ambient air pollution level in the locality of such construction, modification, or 

operation to exceed limits for ambient concentrations established by the New Hampshire 

state implementation plan adopted pursuant to the Clean Air Act as amended, or which 

construction, modification, or operation would, in the opinion of the commissioner, 

violate any provision of any land use plan established by the New Hampshire state 

implementation plan; 

 XIV-a. Establishing fuel quality standards and testing requirements for biomass other 

than round wood and wood chips derived from round wood or waste wood such as limbs, 

branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and 

untreated wood scraps from furniture and other manufacture and eligible biomass fuel 

related to the combustion of such materials at stationary sources. The commissioner may 

establish such standards as necessary to maintain statewide compliance with Clean Air 

Act standards and RSA 125-I. 

 XV. Implementing a program of prevention of significant deterioration of ambient air 

quality by establishing air quality increments limiting the maximum allowable increases 

in the amounts of air pollutants provided such increments are not less stringent than those 

specified in the Clean Air Act and amendments thereto, and in regulations promulgated 

thereunder; 

 XVI. Establishing an air quality monitoring equipment replacement program to 

provide for sufficient annual replacement to meet federal Environmental Protection 

Agency guidelines and to assure the reliability and accuracy of the network equipment. 

 XVII. Implementing a program to control the emissions of air contaminants from 

consumer products for purposes of RSA 485:16-c, by establishing limits on the 

manufacture, use, or sale of such products, provided that such limits are not less stringent 

than those established under the Clean Air Act and amendments thereto, and in 

regulations promulgated under the Clean Air Act. 

Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1. 1995, 192:1. 

1996, 228:104. 2001, 293:6, eff. July 17, 2001. 2008, 113:4, eff. Aug. 2, 2008. 2010, 

183:8, eff. June 21, 2010. 
COPY OF THE ACTUAL PLAN

40 CFR Part 51, Appendix V, 2.1(d) 
Revision to the

New Hampshire

State Implementation Plan

Certification of State Implementation Plan Adequacy

Regarding Clean Air Act Section 110(a)(1) and (2) for the 

2010 Primary 1-Hour Sulfur Dioxide NAAQS

September 13, 2013

 

Air Resources Division
 Page 2 of 45

Certification of State Implementation Plan Adequacy

Regarding Clean Air Act Section 110(a)(1) and (2) for the 

2010 Primary 1-Hour Sulfur Dioxide NAAQS

Purpose

This document certifies to the U.S. Environmental Protection Agency (EPA) that New Hampshire’s

State Implementation Plan (SIP) fulfills the “infrastructure” requirements established in sections 

110(a)(1) and (2) of the Clean Air Act (CAA) for sulfur dioxide (SO2).1

Background

The CAA requires EPA to set National Ambient Air Quality Standards (NAAQS) for pollutants 

considered harmful to public health and the environment. National standards exist for six criteria 

pollutants: ozone, particulate matter, carbon monoxide, sulfur dioxide, nitrogen dioxide, and lead. 

For each of these pollutants, section 109 of the CAA requires EPA to set the health-based, or

primary, standards at levels judged to be “requisite to protect the public health with an adequate 

margin of safety.” The CAA also requires EPA to establish secondary standards that are 

“requisite” to protect public welfare from “any known or anticipated adverse effects associated 

with the pollutant in the ambient air,” including effects on vegetation, soils, water, wildlife, 

buildings and national monuments, and visibility.

On June 2, 2010, EPA strengthened the primary NAAQS for sulfur dioxide by promulgating a 

revised standard based on 1-hour average concentrations. EPA set the new 1-hour SO2 NAAQS 

at the level of 75 parts per billion (ppb). (See 75 FR 35520.) This change did not affect the 

secondary SO2 NAAQS, which EPA addressed in a separate rulemaking. (See 77 FR 20218.)

In establishing the new 1-hour SO2 standard, EPA simultaneously replaced and revoked the 

existing 24-hour and annual primary SO2 standards because they would not provide additional 

public health protection with the 1-hour standard in effect. EPA’s evaluation of the scientific data

and the health risks posed by breathing SO2 indicate that the new standard will protect public 

health by reducing people’s exposure to high, short-term (5-minute to 24-hour) concentrations of 

SO2. The revised standard will benefit susceptible groups, especially children, the elderly, and 

people with asthma.

Section 107(d) of the CAA requires that, after receipt of recommendations from the states and

within two years after promulgation of a NAAQS (or within three years if information is 

insufficient to make the designations within two years), EPA must designate all areas of the 

country as attainment (meeting the standard), nonattainment (not meeting the standard), or 

unclassifiable on the basis of available information. On July 25, 2013, EPA designated portions 

of Hillsborough, Merrimack, and Rockingham Counties as a nonattainment area. (See 78 FR 

47191.) The Central New Hampshire Nonattainment Area includes a contiguous area of 14 cities 

and towns in New Hampshire: Goffstown, Allenstown, Bow, Chichester, Concord, Dunbarton, 

 1 Sulfur dioxide (SO2) is one of a group of highly reactive gasses known as oxides of sulfur. The largest sources of 

SO2 emissions are from fossil fuel combustion at power plants (73%) and other industrial facilities (20%). Smaller 

sources of SO2 emissions include industrial processes such as extracting metal from ore; the combustion of fuel oil for 

residential and commercial heating (especially in the Northeast); and the burning of high-sulfur fuels by locomotives, 

large ships, and non-road equipment. Human exposure to sulfur dioxide is associated with a number of adverse 

effects on the respiratory system.
 Page 3 of 45

Epsom, Hooksett, Loudon, Pembroke, Pittsfield, Candia, Deerfield, and Northwood. EPA also 

indicated that it was not ready to issue designations for the remaining areas of New Hampshire and

would address this matter in separate future action(s).

Apart from the designation process and pursuant to section 110(a)(1) of the CAA, states are 

required to submit State Implementation Plans meeting the provisions of section 110(a)(2) within 

three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requires states to 

address basic SIP elements, including emissions inventories, monitoring, and modeling to assure 

attainment and maintenance of the NAAQS. EPA has determined that these infrastructure SIPs do 

not have to address certain elements pertaining to nonattainment areas because those elements are 

covered separately in SIP revisions known as attainment plans.

2 States were required to submit 

infrastructure SIPs for the 2010 1-hour SO2 NAAQS to EPA by June 3, 2013.

New Hampshire’s SIP Revision

The submittal of this document is intended to meet New Hampshire’s obligations under the CAA 

with respect to section 110(a)(1) and (2) for the 2010 1-hour SO2 primary National Ambient Air 

Quality Standards. The following pages describe in summary form how New Hampshire’s SIP 

meets these requirements with specific reference to subsections 110(a)(2)(A) through (M).

In addition, New Hampshire is submitting for EPA's approval updated state statutes, codified at 

RSA 125-C, to take the place of RSA 125 in the SIP. The updated statutes are presented as 

Attachment 1. A comparison of the two sets of statutes is included as Attachment 2. Two other 

laws, codified at RSA 125-O, are also being submitted for approval as part of the SIP, and are 

included as Attachment 3.

 2 EPA’s original concept for implementation of the revised standard was described in “Guidance for 1-Hour SO2

NAAQS SIP Submissions,” Public Review Draft, September 22, 2011. That guidance stated, in part:

For areas designated nonattainment, states will follow the more common and familiar attainment planning and 

emissions control requirements of CAA part D, section 172 and 191-192. For all other areas, states are expected 

to follow the more general requirements of CAA section 110(a). In the context of the 1-hour SO2 NAAQS, EPA 

believes this means states are expected to develop and submit SIPs showing that all areas of the state will attain 

and maintain the 1-hour SO2 NAAQS. This should be accomplished by evaluating whether significant sources of 

SO2 emissions, either individually or in combination with other nearby sources, cause or contribute to violations 

of the 1-hour SO2 NAAQS. Where sources of SO2 are determined to cause or contribute to NAAQS violations, 

states should include in the 110(a)(1) SIPs sufficient permanent and enforceable control measures to ensure the 

NAAQS is attained and maintained as expeditiously as practicable. For the short-term 1-hour SO2 standard, EPA 

believes it is more accurate and efficient to use modeling to assess medium to larger sources and to rely on 

monitoring for groups of smaller sources and sources that may not be as conducive to modeling.

In subsequent communications with the states (New Hampshire’s letter was dated April 12, 2012), EPA provided the 

following revision:

In light of the potential this process has to affect our recommendations for how to address the SO2 NAAQS in 

areas initially designated “unclassifiable,” we no longer expect your state's June 2013 SIP submittals to contain 

modeling demonstrations showing attainment of the standard in unclassifiable areas, as was outlined in the final 

SO2 NAAQS rule and described further in the draft implementation guidance...

...Therefore, we recommend for now that states focus their 2013 SIP submittals on the traditional infrastructure 

elements of Clean Air Act sections 110(a)(1) and (2), rather than on modeling demonstrations showing future 

attainment of the standard by a fixed date for unclassifiable areas.
 Page 4 of 45

Summary Description of New Hampshire’s Compliance with 

Clean Air Act Section 110(a)(1) and (2) SIP Requirements for SO2

► Subsection 110(a)(2)(A): Emission Limits and Other Control Measures

CAA3 Citation:

"Each such plan shall...include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions or emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this Act.”

Applicable NH Laws and Regulations:

• RSA 125-C: Air Pollution Control

− RSA 125-C:10-a establishes SO2 emission limits for certain municipal waste combustors, 

as defined in RSA 125-M:2, XI.

• RSA 125-O: Multiple Pollution Reduction Program

− RSA 125-O:1, V establishes the need for substantial reductions in emissions of SO2, NOx, 

mercury, and CO2 at New Hampshire's existing fossil fuel burning steam electric power

plants.

− RSA 125-O:3 requires NHDES to implement an integrated, multi-pollutant strategy to 

achieve such emission reductions. The strategy includes a market-based trading and 

banking program that enables affected sources to meet statewide annual emission caps. 

This statute sets the statewide annual emissions cap for SO2 at 7,289 tons annually.

The following regulations have high relevance to, but are not inclusive of all regulations for, the 

control of SO2:

• Env-A 300: Ambient Air Quality Standards 4

− Env-A 304.01: Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide

− Env-A 304.02: Determination of Attainment of SO2 Standard

− Env-A 304.03: Measurement for SO2 Attainment Determination

• Env-A 500: Standards Applicable to Certain New or Modified Facilities... 5

− Env-A 503: New Source Performance Standards

• Env-A 600: Statewide Permit System6

− Env-A 607 Temporary Permits

 3 CAA refers to the Clean Air Act. CFR refers to the U.S. Code of Federal Regulations. EPA refers to the U.S. 

Environmental Protection Agency. NHDES refers to the New Hampshire Department of Environmental Services. 

RSA refers to the New Hampshire Revised Statutes Annotated. Env-A refers to the New Hampshire Code of 

Administrative Rules for the Control of Air Pollution. 4 NH amended Env-A 300: Ambient Air Quality Standards, effective September 1, 2012. NHDES submitted the 

amended rule as a SIP revision for EPA’s approval on November 8, 2012.

5 Env-A 500: Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants

incorporates by reference the federal New Source Performance Standards, but this rule is not part of the SIP. 6 NH amended Env-A 600: Statewide Permit Systems, effective September 1, 2012. NHDES submitted the 

amended rule, including updates to Env-A 607, 608, 611, 618, 619, and other parts, as a SIP revision for EPA’s 

approval on November 15, 2012.
 Page 5 of 45

− Env-A 608 State Permits to Operate

− Env-A 611 General Acid Rain Permitting Requirements

− Env-A 618: Nonattainment New Source Review

− Env-A 619: Prevention of Significant Deterioration

• Env-A 700: Permit Fee System

• Env-A 1600: Fuel Specifications 7

• Env-A 2300: Mitigation of Regional Haze

• Env-A 3300: Municipal Waste Combustion8

• Env-A 3500: Hospital/Medical/Infectious Waste Incineration9

• Env-A 4300: Other Solid Waste Incineration10

► Subsection 110(a)(2)(B): Ambient Air Quality Monitoring/Data System

CAA Citation:

"Each such plan shall...provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air 

quality, and (ii) upon request, make such data available to the Administrator.”

Applicable NH Laws and Regulations:

• RSA 125:81 Powers and Duties of the Agency (recodified as RSA 125-C:6 Powers and Duties 

of the Commissioner)

− RSA 125:81, IV (recodified as RSA 125-C:6, IV), authorizes the agency to collect and 

disseminate the results of studies relating to air quality.

− RSA 125:81, V (recodified as RSA 125-C:6, V), authorizes the agency to consult and 

cooperate with agencies of the federal government.

Additional Information:

NHDES routinely collects and reports ambient air quality data for SO2 and other pollutants in 

accordance with EPA-approved methods. These data are reviewed and validated before being 

sent to EPA’s Air Quality System (AQS) no later than 90 days after the end of a calendar 

quarter. In accordance with 40 CFR 58, NHDES submitted a 2013/2014 air mo nitoring 

network plan on August 8, 2013, for EPA approval. 

EPA’s initial designation of the Central New Hampshire Nonattainment Area for the 1-hour 

 7 NH adopted Env-A 1600: Fuel Specifications (formerly numbered Env-A 400), effective December 24, 1990. 

EPA approved this rule into the SIP. NH readopted this rule on May 29, 1997, and April 23, 2005. NHDES 

submitted the 1997 rule on November 14, 2003, and the 2005 rule on September 14, 2005, as SIP revisions for 

EPA’s approval. NH is again readopting this rule and will submit it as a SIP revision when NHDES submits the 

SO2 attainment plan for the 1-hour NAAQS. 8 NH adopted this rule pursuant to CAA sections 111(d) and 129 as part of an EPA-approved state plan. This rule is

significant for the control of SO2 emissions but was not developed to meet a specific requirement of section 110. 9 Ibid.

10 Ibid.
 Page 6 of 45

primary SO2 NAAQS (see 78 FR 47191) was based on 2009-2011 certified air quality data 

collected from the established monitoring network. In a related agency release 11, EPA 

presented its strategy for completing all remaining initial area designations for the 1-hour 

standard. Consistent with this strategy, the task of completing area designations for the rest of 

New Hampshire may require additional revisions to the state’s air monitoring network plan.

► Subsection 110(a)(2)(C): Program for Enforcement of Control Measures

CAA Citation:

"Each such plan shall...include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national ambient

air quality standards are achieved, including a permit program as required in parts C and D.”

Applicable NH Laws and Regulations:

• RSA 125:90-93 (recodified as RSA 125-C:11), provides for a statewide permit program.

• RSA 125:82 (recodified as RSA 125-C:15, I) authorizes the agency to issue orders to correct 

violations.

• RSA 125:85 (recodified as RSA 125-C:15, II) authorizes the agency to obtain injunctive relief 

to prevent violations.

• RSA 125:86 (recodified as RSA 125-C:15, I-b) authorizes the agency to impose fines for 

violations of statutes and rules.

• Env-A: Temporary Permits requires that any owner/operator of a new or modified stationary 

source or device obtain a temporary permit prior to construction or installation of the source or 

device if it is of a specified type and/or capacity.

Additional Information: 

The above-listed statutes provide legal authority for the enforcement of Env-A 618: Nonattainment 

New Source Review and Env-A 619: Prevention of Significant Deterioration.

► Subsection 110(a)(2)(D): Interstate Transport

CAA Citation:

"Each such plan shall...contain adequate provisions – (i) prohibiting, consistent with the 

provisions of this title, any source or other type of emissions activity within the State from 

emitting any air pollutant in amounts which will – (I) contribute significantly to nonattainment 

in, or interfere with maintenance by, any other State with respect to any such national primary or 

secondary ambient air quality standard, or (II) interfere with measures required to be included in 

the applicable implementation plan for any other State under part C to prevent significant 

deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to interstate and international pollution abatement).”

 11 EPA, “Next Steps for Area Designations and Implementation of the Sulfur Dioxide National Ambient Air Quality 

Standard,” February 6, 2013.
 Page 7 of 45

Applicable NH Laws and Regulations:

• Env-A 619: Prevention of Significant Deterioration protects air quality in downwind SO2

attainment areas.

• Env-A 2300: Mitigation of Regional Haze establishes SO2 emission limitations for certain 

emission sources in partial fulfillment of the requirements of section 169A and the Regional 

Haze Rule. (See 64 FR 35714 and 40 CFR 51 subpart P.)

Additional Information:

As described in a memorandum12 to the states, EPA does not intend to make findings with 

respect to paragraph 110(a)(2)(D)(i)(I) while the agency awaits resolution of legal matters 

related to the Cross-State Air Pollution Rule (CSAPR). Accordingly, New Hampshire will await 

further guidance from EPA before making any additional submission to address this SIP element. 

Note that EPA has taken no final action against New Hampshire, nor does the state have any

pending obligation, under section 115 or section 126.

► Subsection 110(a)(2)(E): Adequate Resources

CAA Citation:

"Each such plan shall...provide (i) necessary assurances that the State (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a 

regional agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, local) law 

to carry out such implementation plan (and is not prohibited by any provision of Federal or State 

law from carrying out such implementation plan or portion thereof), (ii) requirements that the 

State comply with the requirements respecting State boards under section 128, and (iii) necessary 

assurances that, where the State has relied on a local or regional government, agency, or 

instrumentality for the implementation of any plan provision, the State has responsibility for 

ensuring adequate implementation of such plan provision.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6) authorizes the NHDES Commissioner to enforce the 

state’s air laws, establish a permit program, accept and administer grants, and exercise all 

incidental powers necessary to carry out the law.

• RSA 21-O:11, I Statement of Purpose and Findings 13 establishes the NH Air Resources 

Council, a state board that has the authority to hear enforcement and permit appeals. The 

Council consists of 11 members, 6 of whom must represent the public interest. Those 

representing the public interest may not derive any significant portion of their income from 

persons subject to permits or enforcement orders, and may not serve as attorney for, act as 

consultant for, serve as officer or director of, or hold any other official or contractual 

relationship with any person subject to permits or enforcement orders.

 12 EPA memorandum, Gina McCarthy to Regional Air Division Directors, “Next Steps for Pending Redesignation 

Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 CrossState Air Pollution Rule,” November 19, 2012. 13 NHDES submitted this law as a SIP revision for EPA’s approval on December 31, 2012.
 Page 8 of 45

Additional Information:

New Hampshire’s SIP, originally submitted on January 27, 1972, and subsequently revised, 

describes the (a) existing organizations, (b) manpower, (c) funding, (d) physical resources, and 

(e) local agencies as required under this subsection. Note, however, that New Hampshire does 

not rely on any local or regional government, agency, or instrumentality for the implementation 

of any SIP provision.

Personnel, material resources, and funding have been adequate to support New Hampshire SIP 

obligations. Funding for NHDES's Air Resources Division comes from EPA grants 

(approximately 28% of the FY 2014 budget), permit/program fees and other (70%), and New 

Hampshire’s general fund (2%). While the New Hampshire Code of Administrative Rules 

controls the setting of certain fees (e.g., permit application fees and emissions fees), the New 

Hampshire General Court controls the allocation of general revenues. Emissions fees are 

reviewed and adjusted annually for inflation and emission fluctuations, as specified by rule.

General revenues are allocated through the biennial legislative budget process and become law

upon signature by the governor.

► Subsection 110(a)(2)(F): Stationary Source Emissions Monitoring and Reporting

CAA Citation:

"Each such plan shall...require, as may be prescribed by the Administrator - (i) the installation, 

maintenance, and replacement of equipment, and the implementation of other necessary steps, by 

owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic 

reports on the nature and amounts of emissions and emissions-related data from such sources, 

and (iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this Act, which reports shall be available at reasonable times 

for public inspection.”

Applicable NH Laws and Regulations:

• RSA 125:81, XI (recodified as RSA 125-C:6, XI) authorizes the agency to require owners or 

operators of stationary sources to install, maintain, and use emission monitoring devices and to 

make periodic reports to the agency on the nature and amounts of emissions from such 

stationary sources. The agency shall have the authority to make such data available to the 

public and as correlated with any applicable emission standards.

• Env-A 600: Statewide Permit System, paragraph 609.06(b)(8), requires a compliance 

assurance monitoring (CAM) plan, if required by 40 CFR 64.

• Env-A 800: Testing and Monitoring Procedures establishes minimum testing and monitoring 

procedures, calculation procedures, standards, and requirements in order to determine 

compliance with applicable state and federal statutes and rules. This chapter includes the 

following relevant parts:

− Env-A 802: Compliance Stack Testing for Stationary Sources

− Env-A 806: Sulfur Content Testing of Fuels

− Env-A 808: Continuous Emission Monitoring

− Env-A 809: Approval of Alternate Methods

− Env-A 810: Air Pollution Control Equipment Monitoring Plan; Additional Testing and 

Monitoring
 Page 9 of 45

• Env-A 900: Owner or Operator Recordkeeping and Reporting Obligations establishes the 

requirement that records be kept at sources which discharge air pollutants so that the emissions 

of such pollutants may be readily calculated or estimated and reported to NHDES for the 

purposes of demonstrating compliance, compiling emission inventories, and developing air 

related strategic plans. This chapter includes the following relevant parts:

− Env-A 902: Availability of Records (See note below.)

− Env-A 903: General Recordkeeping Requirements 

− Env-A 906: Additional Recordkeeping Requirements

− Env-A 907: General Reporting Requirements

− Env-A 910: Additional Reporting Requirements

− Env-A 911: Recordkeeping and Reporting Requirements for Permit Deviations

Note: Env-A 902.01(d) reads: “Subject to Env-A 103, all data submitted to the division, 

including emission data and applicable emission limitations, shall be made available to the 

public.” Env-A 103 provides a mechanism by which a person who submits information to the 

director can protect confidential information, to the extent permitted under RSA 125-C:6, VII, 

which establishes that emission data are not considered confidential information.

► Subsection 110(a)(2)(G): Emergency Power

CAA Citation:

"Each such plan shall...provide for authority comparable to that in section 303 and adequate 

contingency plans to implement such authority.”

Applicable NH Laws and Regulations:

• RSA 125:84 (recodified as RSA 125-C:9) states: “Whenever the director finds that an air 

pollution emergency exists requiring immediate action to protect the public health, welfare, or 

safety, he may with consent of the governor and council issue an order reciting the existence of 

such an emergency and requiring that such action be taken as he deems necessary to meet the 

emergency. Such order shall be effective immediately. Any person to whom such an order is 

directed shall comply therewith. The director shall rescind or abate such order as soon as the 

emergency ceases to exist.”

Additional Information:

The cited law grants NHDES broad statutory authority to address activities causing imminent and 

substantial endangerment to public health. Under extraordinary circumstances, it is possible that 

excessive emissions of SO2 would cause an imminent concern for public health. Of relevance is

New Hampshire’s classification as a Priority II region for sulfur dioxide. 40 CFR 51.150(d)

defines a Priority II region as any area which has ambient SO2 concentrations in the following 

ranges: 60-100 μg/m3 (0.02-0.04 ppm), annual arithmetic mean; 260-445 μg/m3 (0.10-0.17 ppm), 

24-hour maximum; or any concentration above 1,300 μg/m3 (0.50 ppm), three-hour average.

The three tables below present ambient SO2 concentrations at six monitoring stations in New 

Hampshire for the period 2005-2012. The first table gives the annual mean concentration. At no 

time did the annual value equal or exceed the 0.02 ppm threshold anywhere in the state.
 Page 10 of 45

The second table gives the highest 3-hour rolling average concentration and the number of times 

the 3-hour value equaled or exceeded 0.50 ppm in each year. At no time was this threshold

reached anywhere in the state.

The third table gives the highest 24-hour concentration and the number of times the 24-hour 

concentration equaled or exceeded 0.10 ppm in each year.

As the last table shows, the Central New Hampshire Nonattainment Area is the only area of New 

Hampshire to have experienced ambient 24-hour SO2 concentrations in the Priority II range; and

even there, 24-hour SO2 concentrations have rarely exceeded 260 μg/m3 (0.10 ppm). The recent 

installation of advanced SO2 control technology further diminishes the probability of future 

excursions above this level.

Air quality information is continuously available to the public on EPA and NHDES websites. 

New Hampshire participates in EPA’s AIRNOW and EnviroFlash systems, which provide realtime air quality index (AQI) values and forecast alerts based on ambient ozone and fine 

particulate matter concentrations. The AIRNOW website provides a direct link to NHDES’s Air 

Quality Current Data page, which displays real-time monitoring data for ozone, PM, and SO2.

SO2 Ambient Concentrations (ppm): Annual Value in Each Year, 2005-2012

Monitor Loc. AQS Number 2005 2006 2007 2008 2009 2010 2011 2012

Concord* 33-013-1007 0.003 0.001 -- -- -- -- 0.001 0.001

Londonderry 33-015-0018 -- -- -- -- -- -- 0.001 0.001

Manchester** 33-011-0020 0.005 0.003 0.003 0.003 0.002 0.002 0.002 0.001

Pembroke* 33-013-1006 0.007 0.006 0.007 0.005 0.008 0.011 0.007 0.001

Peterborough 33-011-5001 -- -- -- -- -- -- 0.001 0.001

Portsmouth 33 -015-0014 0.003 0.003 0.002 0.002 0.002 0.002 0.001 0.001

*Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.

SO2 Ambient Concentrations (ppm): Highest 3-Hour Value and Number of Times 

the 3-Hour Value Equaled or Exceeded 0.50 ppm in Each Year, 2005-2012

Monitor Loc. AQS Number 2005 2006 2007 2008 2009 2010 2011 2012

Concord* 33-013-1007 0.078 (0) 0.065 (0) -- -- -- -- 0.091 (0) 0.026.(0)

Londonderry 33-015-0018 -- -- -- -- -- -- 0.023 (0) 0.005 (0)

Manchester** 33-011-0020 0.056 (0) 0.054 (0) 0.061 (0) 0.055 (0) 0.070 (0) 0.064 (0) 0.071 (0) 0.014 (0)

Pembroke* 33-013-1006 0.149 (0) 0.150 (0) 0.165 (0) 0.297 (0) 0.220 (0) 0.273 (0) 0.209 (0) 0.042 (0)

Peterborough 33-011-5001 -- -- -- -- -- -- 0.009 (0) 0.004 (0)

Portsmouth 33 -015-0014 0.073 (0) 0.076 (0) 0.048 (0) 0.052 (0) 0.038 (0) 0.035 (0) 0.047 (0) 0.024 (0)

First value is maximum recorded 3-hour concentration. 

Value in ( ) is number of times the 3-hour concentration exceeded 0.50 ppm.

*Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.

SO2 Ambient Concentrations (ppm): Highest 24-Hour Value and Number of Times 

the 24-Hour Value Equaled or Exceeded 0.10 ppm in Each Year, 2005-2012

Monitor Loc. AQS Number 2005 2006 2007 2008 2009 2010 2011 2012

Concord* 33-013-1007 0.018 (0) 0.013 (0) -- -- -- -- 0.028 (0) 0.006 (0)

Londonderry 33-015-0018 -- -- -- -- -- -- 0.009 (0) 0.004 (0)

Manchester** 33-011-0020 0.022 (0) 0.018 (0) 0.019 (0) 0.017 (0) 0.019 (0) 0.014 (0) 0.025 (0) 0.007 (0)

Pembroke* 33-013-1006 0.057 (0) 0.075 (0) 0.083 (0) 0.053 (0) 0.112 (1) 0.125 (4) 0.100 (1) 0.008 (0)

Peterborough 33-011-5001 -- -- -- -- -- -- 0.004 (0) 0.003 (0)

Portsmouth 33 -015-0014 0.028 (0) 0.020 (0) 0.018 (0) 0.025 (0) 0.015 (0) 0.015 (0) 0.014 (0) 0.006 (0)

First value is maximum recorded 24-hour concentration. 

Value in ( ) is number of times the 24-hour concentration exceeded 0.10 ppm.

*Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.

 
 Page 11 of 45

► Subsection 110(a)(2)(H): Future SIP revisions

CAA Citation:

"Each such plan shall...provide for revision of such plan – (i) from time to time as may be 

necessary to take account of revisions of such national primary or secondary ambient air quality 

standard or the availability of improved or more expeditious methods of attaining such standard, 

and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of 

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any 

additional requirements established under this Act.”

Applicable NH Laws and Regulations: 

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers 

and duties granted herein, the agency shall have and may exercise the following powers and 

duties:...II. To develop a comprehensive program and provide services for the study, 

prevention and abatement of air pollution;...”

• Env-A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP 

hearings.

Additional Information:

As evidence of New Hampshire’s commitment to fulfilling the requirements of this subsection, 

NHDES has made numerous SIP revisions in the past for the purpose of meeting the National 

Ambient Air Quality Standards. (See EPA's SIP Summaries and Rulemakings for documentation.)

► Subsection 110(a)(2)(I): Areas Designated Nonattainment

CAA Citation:

"Each such plan shall...in the case of a plan or plan revision for an area designated as a 

nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas).”

Applicable NH Laws and Regulations: See below.

Additional Information:

In accordance with an EPA memorandum,

14 the agency does not expect infrastructure SIP 

submissions to address subsection 110(a)(2)(I); nonattainment area plans required under part D 

follow a different schedule from the section 110 infrastructure elements and are reviewed and 

acted upon through a separate process.

 14 EPA Memorandum, Stephen D. Page to Regional Air Division Directors, “Guidance on Infrastructure State 

Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards (NAAQS),” October 14, 2011.
 Page 12 of 45

► Subsection 110(a)(2)(J): Consultation with Government Officials

CAA Citation:

"Each such plan shall...meet the applicable requirements of section 121 (relating to consultation),...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers 

and duties granted herein, the agency shall have and may exercise the following powers and 

duties:... V. To advise, consult, and cooperate with the cities and towns and other agencies of 

the state, federal government, interstate agencies, and other affected agencies or groups in 

matters relating to air pollution; VI. To encourage local units to promote cooperation by the 

people, political subdivisions, industries, and others in preventing and controlling air pollution 

in the state;... XIII. The agency shall have the authority to coordinate and regulate the air 

pollution control programs of civil subdivisions of the state and to enter agreements with said 

subdivisions to plan or implement programs for the control and abatement of air pollution.”

• Env-A 600: Statewide Permit System

− Env-A 621: Permit Notice and Hearing Procedures: Temporary Permits and Permits to 

Operate specifies the public notice and hearing procedures that apply to all applications for 

the issuance of, amendment to, or denial of temporary permits and permits to operate.

− Env-A 622: Permit Notice and Hearing Procedures: Title V Operating Permits specifies the 

public notice and hearing procedures that apply to all applications for the issuance, 

significant modification to or renewal of Title V operating permits files with the department 

and all requests for Title V operating permit re-openings.

• Env-A 1500: Conformity provides for consultation with local, regional, and federal agencies to 

ensure that transportation plans, programs, projects, and federal actions are consistent with the

SIP. This rule implements section 176 of the CAA and 40 CFR 93, relative to conformity 

determinations, including provisions for consultation as required by section 176(c)(4) and 40 

CFR 93.105.

► Subsection 110(a)(2)(J): Public Notification

CAA Citation:

"Each such plan shall...meet the applicable requirements of...section 127 (relating to public 

notification),...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers 

and duties granted herein, the agency shall have and may exercise the following powers and 

duties:... IV. To collect and disseminate the results of studies relating to air pollution; V. To 

advise, consult, and cooperate with the cities and towns and other agencies of the state, federal 

government, interstate agencies, and other affected agencies or groups in matters relating to air 

pollution; VI. To encourage local units to promote cooperation by the people, political 

subdivisions, industries, and others in preventing and controlling air pollution in the state; . . .”
 Page 13 of 45

Additional Information:

SO2 is a chemical precursor, and one of many known contributors, to fine particle (PM2.5) 

pollution. On days when ambient PM2.5 (or ozone) concentrations are predicted to be high, 

NHDES exercises the authority granted under RSA 125:81 (recodified as RSA 125-C:6) to issue 

public alerts. NHDES makes press releases and posts website notices advising people on how to 

help prevent air pollution and minimize the worst health effects of poor air quality. NHDES is 

one of the state partners in EPA’s AIRNOW and Enviroflash Air Quality Alert programs. (See 

www.airnow.gov.)

► Subsection 110(a)(2)(J): PSD and Visibility Protection

CAA Citation:

"Each such plan shall...meet the applicable requirements of...part C (relating to prevention of 

significant deterioration of air quality and visibility protection);...”

Applicable NH Laws and Regulations:

• RSA 125:81, XIV (recodified as RSA 125-C:6, XIV) authorizes the agency to establish and 

operate a statewide system under which permits shall be required for the construction and 

operation of new and modified stationary sources.

• Env-A 619: Prevention of Significant Deterioration addresses PSD and visibility protection 

and is essential to meeting the requirements of 40 CFR 51.166, 40 CFR 52.21 and RSA 125-C.

• Env-A 2300: Mitigation of Regional Haze establishes SO2 emission limitations for certain 

fossil-fuel-fired steam generating units as part of New Hampshire’s plan to meet the visibility 

protection requirements of section 169A and the Regional Haze Rule. (See 64 FR 35714 and 

40 CFR 51 subpart P.)

► Subsection 110(a)(2)(K): Air Quality Modeling/Data

CAA Citation: 

"Each such plan shall...“provide for – (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established a national ambient 

air quality standard, and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6) authorizes the department to exercise general 

supervision of the administration and enforcement of the statute and all rules adopted and 

orders promulgated under it; to develop a comprehensive program and provide services for the 

study, prevention, and abatement of air pollution; to conduct and encourage studies relating to 

air quality; to collect and disseminate the results of studies relating to air quality; to advise, 

consult, and cooperate with the cities and towns and other agencies of the state, federal 

government, interstate agencies, and other affected agencies or groups in matters relating to air 
 Page 14 of 45

quality; and, among other authorities, to exercise all incidental powers necessary to carry out 

the purposes of the statute.

• Env-A 600: Statewide Permit System

− Env-A 613.02: Denial of Permit Issuance authorizes NHDES to deny the issuance of a 

construction permit if modeling shows that a major source proposing to construct or make 

modifications in a nonattainment area will cause or contribute to a violation of the NAAQS 

for a pollutant for which that area is in attainment.

− Env-A 619.03: PSD Program Requirements incorporates by reference numerous 

paragraphs of 40 CFR 52.21, including (k)(1), (l), and (m), which require modeling by 

major sources prior to construction or major modifications.

Additional Information:

SO2 is a chemical precursor, and one of many known contributors, to fine particle (PM2.5) 

pollution. In exercising the authority granted in RSA 125:81 (recodified as RSA 125-C:6), 

NHDES regularly performs trend analysis for ozone, NO2, and PM2.5, as well as predictive air 

quality modeling for ozone and PM2.5. New Hampshire is a member of the Ozone Transport 

Commission and the Mid-Atlantic/Northeast Visibility Union (MANE-VU) and participates in 

the air quality modeling efforts conducted by these organizations.

► Subsection 110(a)(2)(L): Permitting Fees

CAA Citation:

"Each such plan shall...“require the owner or operator of each major stationary source to pay 

to the permitting authority, as a condition of any permit required under this Act, a fee sufficient 

to cover – (i) the reasonable costs of reviewing and acting upon any application for such a 

permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs 

of implementing and enforcing the terms and conditions of any such permit (not including any 

court costs or other costs associated with any enforcement action), until such fee requirement is 

superseded with respect to such sources by the Administrator's approval of a fee program under 

title V.”

Applicable NH Laws and Regulations:

• Env-A 700: Permit Fee System establishes a fee system requiring the payment of fees to cover 

the reasonable direct and indirect costs of: reviewing and acting upon applications for the 

issuance of, amendment to, modification to, renewal of, or any combination of the foregoing 

actions to a temporary permit, state permit to operate, or Title V operating permit; 

implementing and enforcing the terms and conditions of any temporary permit, state permit to 

operate, or Title V operating permit; administering the state permit program; and developing, 

implementing and administering the Title V operating permit program. In particular, Env-A 

705 establishes the emission fee program for Title V and non-Title V sources.

Additional Information:

The fee requirement of this subsection has been superseded by the EPA-approved fee program 

established under title V. New Hampshire’s title V program received full approval by EPA, 

effective on November 23, 2001. Documentation for New Hampshire’s program included a 
 Page 15 of 45

demonstration that the state will collect fees from title V sources above the presumptive 

minimum in accordance with 40 CFR 70.9(b)(2)(i).

► Subsection 110(a)(2)(M): Consultation/Participation by Affected Local Entities

CAA Citation:

"Each such plan shall...“provide for consultation and participation by local political subdivisions 

affected by the plan.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers 

and duties granted herein, the agency shall have and may exercise the following powers and 

duties:... V. To advise, consult, and cooperate with the cities and towns and other agencies of 

the state, federal government, interstate agencies, and other affected agencies or groups in 

matters relating to air pollution; VI. To encourage local units to promote cooperation by the 

people, political subdivisions, industries, and others in preventing and controlling air pollution 

in the state;... XIII. The agency shall have the authority to coordinate and regulate the air 

pollution control programs of civil subdivisions of the state and to enter agreements with said 

subdivisions to plan or implement programs for the control and abatement of air pollution;...”

• Env-A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP 

hearings.
 Page 16 of 45

Attachment 1

New Hampshire Statutes

Chapter 125-C: Air Pollution Control

• Section 125-C:1 Declaration of Policy and Purpose.

• Section 125-C:2 Definitions.

• Section 125-C:4 Rulemaking Authority; Subpoena Power.

• Section 125-C:6 Powers and Duties of the Commissioner.

• Section 125-C:8 Administration of Chapter; Delegation of Duties.

• Section 125-C:9 Authority of the Commissioner in Cases of Emergency.

• Section 125-C:10 Devices Contributing to Air Pollution.

• Section 125-C:10-a Municipal Waste Combustion Units.

• Section 125-C:11 Permit Required.

• Section 125-C:12 Administrative Requirements.

• Section 125-C:13 Criteria for Denial; Suspension or Revocation; Modification.

• Section 125-C:14 Rehearings and Appeals.

• Section 125-C:15 Enforcement.

• Section 125-C:18 Existing Remedies Unimpaired.

• Section 125-C:19 Protection of Powers.

• Section 125-C:21 Severability.
 Page 17 of 45

TITLE X

PUBLIC HEALTH

CHAPTER 125-C

AIR POLLUTION CONTROL

Section 125-C:1

 125-C:1 Declaration of Policy and Purpose. – It is hereby declared to be the public policy of 

the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable 

degree of purity of the air resources of the state so as to promote the public health, welfare, and 

safety, prevent injury or detriment to human, plant, and animal life, physical property and other 

resources, foster the comfort and convenience of the people, promote the economic and social 

development of this state and to facilitate the enjoyment of the natural attractions of the state. 

Source. 1979, 359:2, eff. July 1, 1979.

Section 125-C:2

 125-C:2 Definitions. – Terms used in this chapter shall be construed as follows unless a 

different meaning is clearly apparent from the language or context: 

 I. [Omitted.] 

 I-a. "Affected source,'' any stationary source, the construction, installation, operation, and 

modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended. 

 II. "Air contaminant,'' soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, 

toxic or radioactive material, particulate matter, or any combination thereof. 

 III. "Air pollution,'' the presence in the outdoor atmosphere of one or more contaminants or 

any combination thereof in sufficient quantities and of such characteristics and duration as are or 

are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause 

damage to property or create a disagreeable or unnatural odor or obscure visibility or which 

unreasonably interfere with the enjoyment of life and property. 

 III-a. "Biomass'' means organic matter used as a fuel, not including wood derived from 

construction and demolition debris, as defined in RSA 149-M:4, IV-a; wood which has been 

chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or 

plants, which have been used to rehabilitate a contaminated or brownfields site through a process 

known as "phytoremediation.'' 

 IV. "Clean Air Act,'' the Clean Air Act, 42 U.S.C. 7401, and amendments thereto amending 42 

U.S.C. 1857 et seq. 

 V. [Omitted.] 

 V-a. "Commissioner,'' the commissioner of the department of environmental services. 

 V-b. "Department,'' the department of environmental services. 

 V-c. "Consumer products,'' any substance, product (including paints, coatings, and solvents), 

or article (including any container or packaging) held by any person, the use, consumption, 

storage, disposal, destruction, or decomposition of which may result in the release of air 

contaminants. 

 VI. "Device which contributes to air pollution,'' any burner, furnace, machine, equipment or 

article which, in the opinion of the commissioner, contributes or may contribute to the pollution 

of the air. 

 VI-a. "Dioxin'' means a group of chemical compounds that share certain similar chemical 

structures and mode-of-action biological characteristics, including a total of 17 dioxin-like 

compounds that are members of 2 closely related families: chlorinated dibenzo-p-dioxins 

(CDDs) and chlorinated dibenzofurans (CDFs). 
 Page 18 of 45

 VII. [Repealed.] 

 VII-a. "Eligible biomass fuel'' means fuel sources including biomass or neat biodiesel, as 

defined in RSA 362-A:1-a, I-b, and other neat liquid fuels that are derived from biomass. 

 VIII. "Emission,'' a release into the outdoor atmosphere of air contaminants. 

 VIII-a. "Hearing,'' the opportunity for the submission of either written or oral comments, or 

the submission of both written and oral comments. 

 VIII-b. "Major deviation from requirement'' means the violator deviated from a requirement of 

a statute or rule to such an extent that there is substantial non-compliance. 

 VIII-c. "Major potential for harm'' means a substantial likelihood of causing unhealthful air 

quality. 

 IX. [Repealed.] 

 IX-a. "Non-Title V Source,'' any stationary source other than an affected source which, in the 

opinion of the commissioner, contributes or may contribute to the pollution of the air. 

 IX-b. "Minor deviation from requirement'' means the violator deviated partially from a 

requirement of a statute or rule such that most of the requirement was met. 

 IX-c. "Minor potential for harm'' means a small likelihood of causing unhealthful air quality. 

 IX-d. "Moderate deviation from requirement'' means the violator significantly deviated from a 

requirement of a statute or rule but some requirements were implemented as intended, such that 

approximately half the requirements were met. 

 IX-e. "Moderate potential for harm'' means a moderate likelihood of causing unhealthful air 

quality. 

 IX-f. "Particulate matter'' means any material, including lead, but not uncombined water, 

which is or has been suspended in air or other gases and which exists in a finely divided form as 

a liquid or solid at standard conditions. 

 X. "Person,'' any individual, partnership, firm or co-partnership, association, company, trust, 

corporation, department, bureau, agency, private or municipal corporation, or any political 

subdivision of the state, the United States or political subdivisions or agencies thereof, or any 

other entity recognized by law as subject to rights and duties. 

 X-a. "Repeat violation'' means a subsequent violation of a statute or rule at a facility or by a 

person for which a letter of deficiency, administrative order, or administrative fine has 

previously been issued by the department. 

 XI. "Stationary source,'' any building, structure, facility, or installation which emits or which 

may emit any regulated air pollutant. 

Source. 1979, 359:2. 1981, 332:1, 2. 1986, 202:6, I(h). 1993, 329:2, 3. 1996, 228:18, 105, 113, 

IV; 247:1, 2, 10; 278:10. 2001, 293:4, eff. July 17, 2001. 2005, 173:1, 2, eff. June 29, 2005. 

2008, 113:1, 2, eff. Aug. 2, 2008. 2010, 183:1, 5, eff. June 21, 2010.

.....

Section 125-C:4

 125-C:4 Rulemaking Authority; Subpoena Power. –

 I. The commissioner shall adopt rules under RSA 541-A, relative to: 

 (a) The prevention, control, abatement, and limitation of air pollution, including, but not 

limited 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 125-C:9. 

 (d) The establishment and operation of a statewide permit system, as authorized by RSA 

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

 (e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit 
 Page 19 of 45

requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II. 

 (f) The exemption of certain devices and non-Title V sources from the permit requirements 

of RSA 125-C:11, I and the conformance of exempted devices to established standards, as 

authorized by RSA 125-C:11, I. 

 (g) The forms and information required on applications for temporary and permanent 

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, II. 

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

 (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. 

 (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-

C:6, XI. 

 (l) 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 RSA 125-C:16. 

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

485:16-c. 

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

provided in RSA 125-C:10-b, VII(f). 

 (p) The duration of time 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 material, 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 requirements for biomass and eligible biomass fuel as authorized 

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

 I-a. In adopting rules under paragraph I, the department may incorporate by reference 

standards issued by the California air resources board relative to certification and testing of vapor 

recovery equipment. 

 I-b. In adopting rules under subparagraph I(n), the department 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 oaths 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. June 21, 2010.

.....

Section 125-C:6

 125-C:6 Powers and Duties of the Commissioner. – In addition to the other powers and 

duties granted herein, the commissioner shall have and may exercise the following powers and 

duties: 

 I. Exercising general supervision of the administration and enforcement of this chapter and all 

rules adopted and orders promulgated under it; 

 II. Developing a comprehensive program and provide services for the study, prevention, and 

abatement of air pollution; 
 Page 20 of 45

 III. Conducting and encouraging studies relating to air quality; 

 IV. Collecting and disseminating the results of studies relating to air quality; 

 V. Advising, consulting, and cooperating with the cities and towns and other agencies of the 

state, federal government, interstate agencies, and other affected agencies or groups in matters 

relating to air quality; 

 VI. Encouraging local units to promote cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling air pollution in the state; 

 VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and 

qualified facilities to burn, a mixture that consists of at least 90 percent virgin no. 6 oil and the 

remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1; 

 VII. Entering at all reasonable times in or upon any private or public property, except private 

residences, for the purpose of inspecting or investigating any condition which is believed to be 

either an air pollution source or in violation of any of the rules or orders promulgated hereunder. 

Any information, other than emission data, relating to secret processes or methods of 

manufacture or production obtained in the course of such inspection or investigation shall not be 

disclosed by the commissioner without permission of the person whose source is inspected or 

investigated; 

 VIII. Accepting, receiving, and administering grants or other funds or gifts for the purpose of 

carrying out any of the functions of this chapter, including such monies given under any federal 

law to the state for air quality control activities, surveys, or programs; 

 IX. Consulting the air resources council established by RSA 21-O:11 on the policies and plans 

for the control and prevention of air pollution; 

 X. Exercising all incidental powers necessary to carry out the purposes of this chapter; 

 XI. Conducting emission tests and requiring owners or operators of stationary sources to 

install, maintain, and use emission monitoring devices and to make periodic reports to the 

commissioner on the nature and amounts of emissions from such stationary sources. The 

commissioner shall have the authority to make such data available to the public and as correlated 

with any applicable emission standards; 

 XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce 

compliance with applicable emission standards when necessary and practicable and to control or 

limit the operation of motor vehicular and other modes of transportation when in the opinion of 

the commissioner such modes of transportation are producing or pose an imminent danger of 

producing levels of air pollutants that will result in a violation of an ambient air quality standard, 

or that will result in a significant deterioration, as defined in applicable federal regulations, of 

existing air quality in an area classified as a "clean air'' area by state or federal regulations; 

 XIII. Coordinating and regulating the air pollution control programs of political subdivisions 

of the state and entering agreements with said subdivisions to plan or implement programs for 

the control and abatement of air pollution; 

 XIV. Establishing and operating a statewide system under which permits shall be required for 

the construction, installation, operation, or modification of air pollution devices and sources, 

which system shall be established pursuant to RSA 125-C:11 and the sections which follow. The 

authority vested in the commissioner by this section shall include the power to delay or prevent 

any construction, modification, or operation of said air pollution sources and modifications 

which, in the opinion of the commissioner, would cause the ambient air pollution level in the 

locality of such construction, modification, or operation to exceed limits for ambient 

concentrations established by the New Hampshire state implementation plan adopted pursuant to 

the Clean Air Act as amended, or which construction, modification, or operation would, in the 

opinion of the commissioner, violate any provision of any land use plan established by the New 

Hampshire state implementation plan; 

 XIV-a. Establishing fuel quality standards and testing requirements for biomass other than 

round wood and wood chips derived from round wood or waste wood such as limbs, branches, 
 Page 21 of 45

brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps 

from furniture and other manufacture and eligible biomass fuel related to the combustion of such 

materials at stationary sources. The commissioner may establish such standards as necessary to 

maintain statewide compliance with Clean Air Act standards and RSA 125-I. 

 XV. Implementing a program of prevention of significant deterioration of ambient air quality 

by establishing air quality increments limiting the maximum allowable increases in the amounts 

of air pollutants provided such increments are not less stringent than those specified in the Clean 

Air Act and amendments thereto, and in regulations promulgated thereunder; 

 XVI. Establishing an air quality monitoring equipment replacement program to provide for 

sufficient annual replacement to meet federal Environmental Protection Agency guidelines and 

to assure the reliability and accuracy of the network equipment. 

 XVII. Implementing a program to control the emissions of air contaminants from consumer 

products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of 

such products, provided that such limits are not less stringent than those established under the 

Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act. 

Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1. 1995, 192:1. 1996, 

228:104. 2001, 293:6, eff. July 17, 2001. 2008, 113:4, eff. Aug. 2, 2008. 2010, 183:8, eff. June 

21, 2010.

.....

Section 125-C:8

 125-C:8 Administration of Chapter; Delegation of Duties. – The commissioner shall be 

responsible for the implementation of this chapter and any rule adopted hereunder and may 

delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking 

authority. 

Source. 1979, 359:2. 1986, 202:11. 1996, 228:104, eff. July 1, 1996.

Section 125-C:9

 125-C:9 Authority of the Commissioner in Cases of Emergency. – Whenever the 

commissioner finds that an air pollution emergency exists requiring immediate action to protect 

the public health, welfare, or safety, he may with consent of the governor and council issue an 

order reciting the existence of such an emergency and requiring that such action be taken as he 

deems necessary to meet the emergency. Such order shall be effective immediately. Any person 

to whom such an order is directed shall comply therewith. The commissioner shall rescind or 

abate such order as soon as the emergency ceases to exist. 

Source. 1979, 359:2. 1996, 228:104, eff. July 1, 1996.

Section 125-C:10

 125-C:10 Devices Contributing to Air Pollution. –

 I. No person shall install, construct, operate, or modify any device or non-Title V source 

which contributes to air pollution except as prescribed by this chapter. 

 II. No person shall construct, operate or modify an affected source which contributes to air 

pollution except as prescribed by this chapter. 

Source. 1979, 359:2. 1993, 329:4. 1996, 278:4, eff. Aug. 9, 1996.
 Page 22 of 45

Section 125-C:10-a

 125-C:10-a Municipal Waste Combustion Units. – Any municipal waste combustor, as 

defined in RSA 125-M:2, XI, with a design capacity of at least 35 tons per day but no more than 

250 tons per day of municipal solid waste, as defined in RSA 125-M:2, X, shall be limited to the 

following levels of emissions, unless otherwise provided for by a more stringent federal 

regulation, or by other state statute: 

 I. Particulate matter: 27 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-

run average (run duration specified in test method). 

 II. Opacity: 10 percent (6-minute average), 30 6-minute averages. 

 III. Cadmium: 0.040 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-

run average (run duration specified in test method). 

 IV. Lead: 0.44 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run 

average (run duration specified in test method). 

 V. Mercury: 0.028 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, or 85 

percent control efficiency, 3-run average (run duration specified in test method). 

 VI. Sulfur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur 

dioxide emission concentration, corrected to 7 percent oxygen (dry basis), monthly block 

geometric average concentration or percent reduction. 

 VII. Hydrogen chloride: 29 parts per million by volume, or 5 percent of the potential hydrogen 

chloride emission concentration, corrected to 7 percent oxygen (dry basis), 3-run average 

(minimum run duration is 1 hour). 

 VIII. Dioxins/furans: 60 nanograms/dry standard cubic meter (total mass), corrected to 7 

percent oxygen, where an electrostatic precipitator- based emission control system is employed; 

or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an 

electrostatic precipitator-based emission control system is not employed, 3-run average 

(minimum run duration is 4 hours). 

Source. 2005, 72:1, eff. Jan. 1, 2006.

.....

Section 125-C:11

 125-C:11 Permit Required. –

 I. The construction, installation, operation, or modification of any device or non-Title V 

source as defined under RSA 125-C:2, and as further defined by rules adopted by the 

commissioner shall be prohibited unless the source possesses a temporary permit or operating 

permit whether a permit-by-notification, general permit, or an individual operating permit issued 

by the commissioner. The commissioner may by rule exempt certain devices or non-Title V 

sources from the requirements of this section. 

 I-a. The construction, installation, operation, or modification of an affected source shall be 

prohibited unless the affected source possesses and complies with a temporary permit, general 

permit, or individual operating permit issued by the commissioner in accordance with the 

requirements of the Clean Air Act. The term of the general permit or permit to operate shall not 

exceed 5 years. 

 II. A temporary permit, which may contain conditions, shall be required prior to 

commencement of construction or installation of any new or modified device or non-Title V 

source except for those devices or non-Title V sources which are authorized to construct and 

operate pursuant to a permit-by-notification or a general permit. A temporary permit shall be in 

effect until it expires, an operating permit is issued, or until sooner revoked by the commissioner. 

Such permit shall contain the emission limits the device or non-Title V source is required to 
 Page 23 of 45

meet, and shall be issued by the commissioner upon a finding that the device or non-Title V 

source will meet such limits and will not result in a violation of any air quality standard or 

regulation in force under this chapter. 

 III. An individual operating permit, which may contain conditions, shall be issued with respect 

to a device or non-Title V source for which a temporary permit is in effect, upon a finding by the 

commissioner, following operational testing, where required, that the device or non-Title V 

source meets the applicable emission limits and that its operation will not result in a violation of 

any air quality standard or regulation in force under this chapter. 

 III-a. [Repealed.] 

 III-b. A general permit, which may contain certain conditions, may be issued with respect to a 

Title V source category if the commissioner finds that there is more than one stationary source, 

area source, or device in the same category and the stationary sources, area sources, or devices in 

that category are all subject to the same regulatory requirements. 

 III-c. The commissioner may adopt rules providing for a permit-by-notification with respect to 

a source category, provided that the commissioner finds that there is more than one device or 

non-Title V source in the source category, and that the devices or non-Title V sources in that 

category are all subject to the same regulatory requirements. 

 IV. A temporary permit, which may contain conditions, shall be required prior to 

commencement of construction or installation of any new or modified affected source, except for 

those affected sources which are authorized to be constructed pursuant to a general permit. The 

applicant shall be required to conduct preconstruction or premodification review procedures 

prior to commencement of construction of any new major stationary source, device, or 

modification to any existing major stationary source or device. Such procedures shall be 

sufficient to allow the commissioner to make determinations that the proposed construction or 

modification will not cause or contribute to a failure to attain or maintain any ambient air quality 

standard, significant deterioration of air quality, or a violation of any applicable emission 

limitation or standard of performance. Such preconstruction and premodification review 

requirements shall be no less stringent than, and shall require that no permit shall be issued for a 

source unless such source meets all the requirements for review and for obtaining a permit 

prescribed in the Clean Air Act. 

 V. The applicant for a permit to operate shall be required to conduct preconstruction or 

premodification review procedures prior to commencement of construction of any affected 

source. Such procedures shall be sufficient to allow the commissioner to make determinations 

that the proposed construction or modification will not cause or contribute to a failure to attain or 

maintain any ambient air quality standard, significant deterioration of air quality, or a violation 

of any applicable emission limitation or standard of performance. The applicant shall submit the 

required information to the commissioner prior to the commencement of construction or 

modification. Such preconstruction review and premodification review requirements shall be no 

less stringent than those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as 

amended. 

Source. 1979, 359:2. 1981, 332:4. 1986, 202:6, I(h). 1993, 329:5-8. 1995, 68:1, 4. 1996, 

228:104, eff. July 1, 1996; 278:11, 12, eff. Aug. 9, 1996. 2010, 183:2, eff. June 21, 2010.

Section 125-C:12

 125-C:12 Administrative Requirements. –

 I. Applications for permits shall be upon such forms, and shall include such information, as the 

commissioner requires under rules adopted pursuant to RSA 541-A in order to determine the 

nature of the air pollution potential for such device or non-Title V source. 

 II. The commissioner shall act upon a permit application within a reasonable period of time. 
 Page 24 of 45

Prior to such action, the commissioner shall provide notice of the application by publication in at 

least one newspaper of general circulation. The commissioner shall also provide an opportunity 

for a hearing to interested persons. The requirement of public notice and hearing shall not apply 

to such devices or sources that will have, in the opinion of the commissioner, an insignificant 

effect on air quality. The commissioner may adopt rules relative to the requirements of public 

notice and hearing for such devices or sources. 

 III. Any person aggrieved by a decision of the commissioner to grant in whole or in part, with 

or without conditions, or to deny a permit who wishes to appeal the decision shall proceed in 

accordance with RSA 21-O:14. 

 IV. As a condition of any permit or authorization required or any requested applicability 

determination, the commissioner may require payment of a fee to cover the reasonable costs of 

reviewing and acting upon the application for a permit. 

 IV-a. The applicant shall pay any cost or expense associated with public notices or 

notifications in the permit process. 

 IV-b. As a condition of any permit or authorization required, the commissioner may require 

payment of an annual emissions fee sufficient to cover the costs of implementing or enforcing 

the permit program authorized by this chapter including: 

 (a) The costs of reviewing and acting upon any permit renewal; 

 (b) Emissions and ambient monitoring, for those costs incurred under the permitting 

program; 

 (c) Preparing generally applicable rules or guidance; 

 (d) Modeling, monitoring, analyses, and compliance demonstrations; 

 (e) Preparing inventories and tracking emissions; and 

 (f) Inspections and enforcement. 

 IV-c. In lieu of the annual emissions fee specified in paragraph IV-b, as a condition of any 

permit or authorization required, the commissioner may require payment of a one-time fee 

sufficient to cover the costs of implementing or enforcing the permit program authorized by this 

chapter including the provisions specified in paragraph IV-b. 

 IV-d. The commissioner shall adopt rules relative to a fee schedule for applicants and the 

collection of fees under the schedule. All fees and monetary grants, gifts, donations, or interest 

generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund 

to be known as the air resources fund and shall be continually appropriated to the department for 

the administration of this chapter. 

 V. Fees required to be collected from affected sources by the Clean Air Act as authorized 

under this section shall be deposited in the air resources fund, shall be accounted for separately, 

and shall be used by the commissioner for the establishment and operation of a statewide system 

of permitting for the construction, operation, or modification of any new or existing affected 

source. 

Source. 1979, 359:2. 1981, 332:5. 1986, 202:6, I(h). 1991, 289:1. 1993, 329:9. 1995, 68:2. 1996, 

228:104, 107, eff. July 1, 1996; 278:13, eff. Aug. 9, 1996. 2010, 183:3, eff. June 21, 2010. 2012, 

246:6, eff. June 18, 2012.

Section 125-C:13

 125-C:13 Criteria for Denial; Suspension or Revocation; Modification. –

 I. The commissioner shall deny an application for any permit or authorization if, on the basis 

of evidence available to the commissioner, the commissioner determines: 

 (a) That the device or non-Title V source for which the permit or authorization is sought will 

result in a violation of any standard or rule in force under this chapter; or 

 (b) That the device or non-Title V source will contribute disproportionately to pollution of 
 Page 25 of 45

the air in comparison with other similar sources able to perform the same function that are 

currently available; or 

 (c) That the device or non-Title V source is located in a "clean air'' area designated by state 

or federal rules or regulations and will or is reasonably likely to cause significant deterioration of 

the existing air quality in a part of the area. 

 II. The commissioner may suspend or revoke any permit or authorization issued hereunder if, 

following a hearing, the commissioner determines: 

 (a) That the permit holder or registrant has committed a violation of this chapter or any rule, 

order, or permit conditions in force and applicable to it; or 

 (b) That emissions from the device or non-Title V source to which the permit applies, alone 

or in conjunction with other sources of the same pollutants, presents an immediate danger to the 

public health. 

 III. The commissioner may order modification of any source of air pollution holding a valid 

permit issued under this chapter in the event that the commissioner determines, following a 

hearing: 

 (a) That the device or non-Title V source to which the permit applies fails to meet existing 

emission limits established by state or federal rule or regulation; 

 (b) That the device or non-Title V source is resulting or is reasonably likely to result in a 

violation of an air quality standard in force. 

 IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or 

authorization issued to an affected source prior to expiration of such permit consistent with the 

requirements of the Clean Air Act. 

Source. 1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104, eff. July 1, 1996; 278:14, eff. 

Aug. 9, 1996. 2010, 183:4, eff. June 21, 2010.

Section 125-C:14

 125-C:14 Rehearings and Appeals. – Administrative appeals from decisions of the 

commissioner made under the provisions of this chapter shall be heard by the air resources 

council under RSA 21-O:11, IV. 

Source. 1979, 359:2. 1981, 332:6, 7. 1986, 202:12. 1996, 228:104, eff. July 1, 1996.

Section 125-C:15

 125-C:15 Enforcement. –

 I. Whenever the commissioner or the commissioner's authorized representative finds that any 

device, non-Title V source, affected source of air pollution, or any other source of air pollution 

has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, 

or any condition in a permit issued under this chapter, the commissioner shall issue a notice of 

violation and, where appropriate, an order of abatement establishing a compliance schedule with 

which the device, non-Title V source, affected source, or any other source shall comply. Any 

order of abatement shall become final and enforceable by the commissioner within 30 days of its 

issuance unless an appeal is filed with the air resources council before the expiration of said 30-

day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter 

issue a decision upholding, modifying or abrogating the commissioner's order of abatement or 

any part thereof. The council's decision shall become final 10 days after it is issued. Upon a 

finding by the commissioner that there is an imminent and substantial endangerment to the 

public health or welfare or the environment, the commissioner shall issue an order of abatement 

requiring immediate compliance and said order shall be final and enforceable upon issuance, but 

may be appealed to the council within 30 days of its issuance, and the council may, after hearing, 
 Page 26 of 45

uphold, modify, or abrogate said order. 

 I-a. Whenever the commissioner or his authorized representative finds that a gasoline 

dispensing facility subject to Stage II vapor recovery system requirements has resulted in a 

violation of any provisions of this chapter or the rules in force hereunder, the commissioner or 

authorized representative shall issue a stop use order and compliance schedule with which the 

gasoline dispensing facility shall comply. Any stop use order shall become final and enforceable 

upon issuance, but may be appealed to the council within 10 days of its issuance and the council, 

after hearing, may uphold, modify, or abrogate such order. 

 I-b. The commissioner of the department of environmental services, after notice and hearing 

pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each 

offense upon any person who violates any provision of this chapter, any rule adopted pursuant to 

this chapter, or any permit, compliance schedule, stop use order, or order of abatement, issued 

pursuant to this chapter; or upon any person who makes or certifies a material false statement 

relative to any document or information which is required to be submitted to the department 

pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals 

from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. 

Any administrative fine imposed under this paragraph shall not preclude the imposition of 

further penalties under this chapter. The proceeds of administrative fines imposed pursuant to 

this paragraph shall be deposited in the general fund. 

 (a) Notice and hearing prior to the imposition of an administrative fine shall be in 

accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 

541-A:16. 

 (b) The commissioner shall determine fines based on the following: 

 (1) For a minor deviation from a requirement causing minor potential for harm, the fine 

shall be not less than $100 and not more than $1,000. 

 (2) For a minor deviation from a requirement causing moderate potential for harm, the fine 

shall be not less than $601 and not more than $1,250. 

 (3) For a minor deviation from a requirement causing major potential for harm, the fine 

shall be not less than $851 and not more than $1,500. 

 (4) For a moderate deviation from a requirement causing minor potential for harm, the fine 

shall be not less than $601 and not more than $1,250. 

 (5) For a moderate deviation from a requirement causing moderate potential for harm, the 

fine shall be not less than $851 and not more than $1,500. 

 (6) For a moderate deviation from a requirement causing major potential for harm, the fine 

shall be not less than $1,251 and not more than $1,750. 

 (7) For a major deviation from a requirement causing minor potential for harm, the fine 

shall be not less than $851 and not more than $1,500. 

 (8) For a major deviation from a requirement causing moderate potential for harm, the fine 

shall be not less than $1,251 and not more than $1,750. 

 (9) For a major deviation from a requirement causing major potential for harm, the fine 

shall be not less than $1,501 and not more than $2,000. 

 (c) The commissioner may assess an additional fine for repeat violations. 

 II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under 

it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, 

including mandatory injunction, issued by the superior court upon application of the attorney 

general. Any such violation shall also be subject to a civil forfeiture to the state of not more than 

$25,000 for each violation, and for each day of a continuing violation. 

 III. Any person who violates any of the provisions of this chapter, or any rule adopted or order 

issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of 

a misdemeanor if a natural person, or guilty of a felony if any other person. 

 IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of 
 Page 27 of 45

imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found 

guilty of any violation pursuant to RSA 125-C:15, III. Each day of violation shall constitute a 

separate offense. 

Source. 1979, 359:2. 1981, 332:8. 1993, 329:12. 1996, 228:104; 247:11; 278:15. 1998, 146:1, 2, 

eff. June 8, 1998.

....

Section 125-C:18

 125-C:18 Existing Remedies Unimpaired. – No existing civil or criminal remedy for any 

wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or 

impaired by this chapter. 

Source. 1979, 359:2, eff. July 1, 1979.

Section 125-C:19

 125-C:19 Protection of Powers. – The powers and functions vested in the commissioner 

under the provisions of this chapter shall not be construed to affect in any manner the powers, 

duties and functions vested in the department of health and human services under any other 

provision of law. 

Source. 1979, 359:2. 1983, 291:1, I. 1986, 202:6, I(h). 1995, 310:181. 1996, 228:104, eff. July 1, 

1996.

.....

Section 125-C:21

 125-C:21 Severability. – If any provision of this chapter or the application thereof to any 

person or circumstance is held invalid, the invalidity does not affect other provisions or 

applications of the chapter which can be given effect without the invalid provision or application; 

and, to this end, the provisions of this chapter are severable. 

Source. 1981, 332:9, eff. Aug. 16, 1981.
 Page 28 of 45

Attachment 2

Comparison of New and Old Statutes:

RSA 125-C and RSA 125

RSA 125-C (New) RSA 125 (Old) COMMENTS

125-C:1 Declaration of Policy and Purpose. –

It is hereby declared to be the public policy of the 

state of New Hampshire and the purpose of this

chapter to achieve and maintain a reasonable 

degree of purity of the air resources of the state so 

as to promote the public health, welfare, and safety, 

prevent injury or detriment to human, plant, and 

animal life, physical property and other resources, 

foster the comfort and convenience of the people, 

promote the economic and social development of 

this state and to facilitate the enjoyment of the 

natural attractions of the state.

125:78 Declaration of Policy and Purpose. 

It is hereby declared to be the public policy of the 

state of New Hampshire and the purpose of this 

subdivision to achieve and maintain a reasonable 

degree of purity of the air resources of the state so 

as to promote the public health, welfare, and safety, 

prevent injury or detriment to human, plant, and 

animal life, physical property and other resources, 

foster the comfort and convenience of the people, 

promote the economic and social development of 

this state and to facilitate the enjoyment of the 

natural attractions of this state. 

Identical wording.

125-C:2 Definitions. – Terms used in this chapter 

shall be construed as follows unless a different 

meaning is clearly apparent from the language or 

context: 

 I. [Omitted.] 

 II. "Air contaminant,'' soot, cinders, ashes, any 

dust, fume, gas, mist (other than water), odor, toxic 

or radioactive material, particulate matter, or any 

combination thereof. 

 III. "Air pollution,'' the presence in the outdoor 

atmosphere of one or more contaminants or any 

combination thereof in sufficient quantities and of 

such characteristics and duration as are or are likely 

to be injurious to public welfare, to the health of 

human, plant, or animal life, or cause damage to 

property or create a disagreeable or unnatural odor 

or obscure visibility or which unreasonably 

interfere with the enjoyment of life and property.

 VIII. "Emission,'' a release into the outdoor 

atmosphere of air contaminants.

125:79 Definitions.

I. "Air pollution" means the presence in the outdoor 

atmosphere of one or more contaminants or any 

combination thereof in sufficient quantities and of 

such characteristics and duration as are or are likely 

to be injurious to public welfare, to the health of 

human, plant, or animal life, or cause damage to 

property or create a disagreeable or unnatural odor 

or obscure visibility or which unreasonably 

interfere with the enjoyment of life or property.

II. "Air contaminant" means soot, cinders, ashes, 

any dust, fume, gas, mist (other than water), odor, 

toxic or radioactive material, particulate matter, or 

any combination thereof.

III. "Emission" means a release into the outdoor 

atmosphere of air contaminants.

The definitions of 

"air pollution," 

"air contaminant,"

and "emissions"

remain the same. 

125-C:2 Definitions, continued

 I-a. "Affected source,'' any stationary source, the 

construction, installation, operation, and 

modification of which is subject to Title V, Clean 

Air Act, 42 U.S.C. 7401 et seq., as amended.

 III-a. "Biomass'' means organic matter used as a 

fuel, not including wood derived from construction 

and demolition debris, as defined in RSA 149-M:4, 

IV-a; wood which has been chemically treated; or 

agricultural crops or aquatic plants or byproducts 

from such crops or plants, which have been used to 

rehabilitate a contaminated or brownfields site 

through a process known as "phytoremediation.'' 

 V. [Omitted.] 

 V-a. "Commissioner,'' the commissioner of the 

department of environmental services. 

 V-b. "Department,'' the department of 

environmental services. 

 V-c. "Consumer products,'' any substance, 

125:79 Definitions, continued

IV. "Agency" means the air pollution control 

agency created by this subdivision.

V. "Commission" means the air pollution control 

commission created by this subdivision.

These terms are 

specific to their acts 

and not defined in the 

other act. RSA 125-C 

adds a definition for 

"affected source" 

(Title V source). In 

the 1980s, the Air 

Resources "Agency" 

became a "Division" 

of the "Department" 

of Environmental 

Services, and the Air 

"Commission" 

became the Air 

Resources Council.
 Page 29 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

product (including paints, coatings, and solvents), 

or article (including any container or packaging) 

held by any person, the use, consumption, storage, 

disposal, destruction, or decomposition of which 

may result in the release of air contaminants. 

 VI-a. "Dioxin'' means a group of chemical 

compounds that share certain similar chemical 

structures and mode-of-action biological 

characteristics, including a total of 17 dioxin-like 

compounds that are members of 2 closely related 

families: chlorinated dibenzo-p-dioxins (CDDs) 

and chlorinated dibenzofurans (CDFs). 

 VII. [Repealed.] 

 VII-a. "Eligible biomass fuel'' means fuel 

sources including biomass or neat biodiesel, as 

defined in RSA 362-A:1-a, I-b, and other neat 

liquid fuels that are derived from biomass.

125-C:2 Definitions, continued

 IV. "Clean Air Act,'' the Clean Air Act, 42 

U.S.C. 7401, and amendments thereto amending 

42 U.S.C. 1857 et seq. 

VI. "Device which contributes to air pollution,'' 

any burner, furnace, machine, equipment or 

article which, in the opinion of the commissioner, 

contributes or may contribute to the pollution of 

the air.

125:91 Definitions. The following words when 

used in this subdivision shall have the meanings 

described herein unless the context clearly indicates 

otherwise:

I. "Device which contributes to air pollution'' shall 

mean any burner, furnace, machine, equipment or 

article which, in the opinion of the air pollution 

control agency, contributes or may contribute to 

pollution of the air. Said devices shall be described 

in a list promulgated by the air pollution control 

agency setting out three classes of devices as 

follows:

(a) Class A devices shall include any residential or 

commercial heating plant which falls within ranges 

of heat input or particulate matter output established 

in the New Hampshire state implementation plan 

pursuant to the Clean Air Act;

(b) Class B devices shall include but not be limited 

to industrial heating plants and furnaces and 

processes which generate and discharge byproducts 

into the air;

(c) Class C devices shall include devices designed 

for the incineration of waste or refuse but shall not 

include residential incinerators;

II. . "Clean Air Act'' shall mean the Clean Air Act 

of 1963, 42 U.S.C. 7401, and amendments thereto 

amending 42 U.S.C. 1857 et seq.

These terms were 

updated in RSA 125-C.

125-C:2 Definitions, continued

VIII-a. "Hearing,'' the opportunity for the 

submission of either written or oral comments, or 

the submission of both written and oral comments. 

 VIII-b. "Major deviation from requirement'' 

means the violator deviated from a requirement of 

a statute or rule to such an extent that there is 

substantial non-compliance. 

 VIII-c. "Major potential for harm'' means a 

substantial likelihood of causing unhealthful air 

quality. 

 IX. [Repealed.] 

These terms are not 

defined in RSA 125.
 Page 30 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

 IX-a. "Non-Title V Source,'' any stationary 

source other than an affected source which, in the 

opinion of the commissioner, contributes or may 

contribute to the pollution of the air. 

 IX-b. "Minor deviation from requirement'' means 

the violator deviated partially from a requirement 

of a statute or rule such that most of the 

requirement was met. 

 IX-c. "Minor potential for harm'' means a small 

likelihood of causing unhealthful air quality. 

 IX-d. "Moderate deviation from requirement'' 

means the violator significantly deviated from a 

requirement of a statute or rule but some 

requirements were implemented as intended, such 

that approximately half the requirements were met. 

 IX-e. "Moderate potential for harm'' means a 

moderate likelihood of causing unhealthful air 

quality. 

 IX-f. "Particulate matter'' means any material, 

including lead, but not uncombined water, which is 

or has been suspended in air or other gases and 

which exists in a finely divided form as a liquid or 

solid at standard conditions.

 X-a. "Repeat violation'' means a subsequent 

violation of a statute or rule at a facility or by a 

person for which a letter of deficiency, 

administrative order, or administrative fine has 

previously been issued by the department. 

 XI. "Stationary source,'' any building, structure, 

facility, or installation which emits or which may 

emit any regulated air pollutant.

125-C:2 Definitions, continued

X. "Person,'' any individual, partnership, firm or 

co-partnership, association, company, trust, 

corporation, department, bureau, agency, private or 

municipal corporation, or any political subdivision 

of the state, the United States or political 

subdivisions or agencies thereof, or any other entity 

recognized by law as subject to rights and duties.

125:79 Definitions, continued

VI. "Person" means any individual, partnership, 

firm or co-partnership, association, syndicate, 

company, trust, corporation, department, bureau, 

agency, private or municipal corporation, or any 

other entity recognized by law as the subject of 

rights and duties.

Similar wording; no 

substantive difference.

125-C:4 Rulemaking Authority; Subpoena Power.

 I. The commissioner shall adopt rules under RSA 

541-A, relative to: 

 (a) The prevention, control, abatement, and 

limitation of air pollution, including, but not limited 

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 125-C:9. 

 (d) The establishment and operation of a 

statewide permit system, as authorized by RSA 125-

C:6, XIV, RSA 125-C:11, I 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:11, II. 

125:80 Administration.

I. The department of health and welfare, division of 

public health services, is hereby designated as the 

state air pollution control agency.

III. There is hereby created and established an air 

pollution control commission which shall be 

composed of nine members, including one 

representing the steam power generating industry; 

one representing the fuels industry; one 

representing the manufacturing component of 

industry; one representing the field of municipal 

government; ; one representing the field of 

recreation; one licensed practicing physician; and 

three appointed at large. The members shall be 

residents of the state and shall be appointed by the 

governor with the consent of council. Each member 

shall serve for a term of four years and until his 

successor shall be appointed and qualified; provided 

The state air agency 

was removed from the 

Department of Health 

and Welfare and 

became part of the 

Department of 

Environmental 

Services (DES) in 

1986. 

Authority to delegate 

in RSA 125-C is found 

in section 8.

The structure of the 

DES and the Air 

Resources Council is 

established in RSA 21-
 Page 31 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

 (f) The exemption of certain devices and nonTitle V sources from the permit requirements of 

RSA 125-C:11, I and the conformance of exempted 

devices to established standards, as authorized by 

RSA 125-C:11, I. 

 (g) The forms and information required on 

applications for temporary and permanent 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, II. 

 (i) Fees for permit application and review, as 

authorized by RSA 125-C:12, IV-d. 

 (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. 

 (k) Procedures for air testing and monitoring and

recordkeeping, as authorized by RSA 125-C:6, XI. 

 (l) 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 RSA 125-C:16. 

 (n) The manufacture, use, or sale of consumer 

products for purposes of implementing RSA 

485:16-c. 

 (o) Applicability thresholds for emissions of 

particulate matter, mercury, and dioxin as provided 

in RSA 125-C:10-b, VII(f). 

 (p) The duration of time 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 material, 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 requirements for 

biomass and eligible biomass fuel as authorized by 

RSA 125-C:6, XIV-a. 

 I-a. In adopting rules under paragraph I, the 

department may incorporate by reference standards 

issued by the California air resources board relative 

to certification and testing of vapor recovery 

equipment. 

 I-b. In adopting rules under subparagraph I(n), the 

department 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 oaths and to take such testimony 

as he may deem necessary.

that of the original appointments, three shall be 

appointed for a term of two years, three for a term 

of three years and three for a term of four years. 

The members shall receive no compensation for 

their services but shall receive necessary travel and 

other expenses while engaged in actual work of the 

commission. The governor and council shall 

annually select a chairman from the membership at 

large and one of the commission members to serve 

as vice-chairman. When the chairman is absent, it 

shall be the duty of the vice-chairman to assume 

and administer the duties of the chairman. The 

commission shall hold meetings on the call of the 

chairman or the director of the state air pollution 

control agency. It shall be the duty of the 

commission to make suggestions to, and to advise

the agency concerning, the policies, plans, and 

goals to be attained in the administration of this 

subdivision; to hold such hearings; to issue notices 

of hearings, and subpoenas requiring the attendance 

of such witnesses and the production of such 

evidence and to administer such oaths and to take 

such testimony as the commission may deem 

necessary; and to keep the governor and council 

informed on matters relative to air pollution. 

However, no such rules, regulation, amendment or 

repeal shall be adopted except after public hearing. 

Said public hearing shall be held by the commission 

provided that not less than thirty days' notice 

thereof shall be given by public advertisement 

stating the date, time, and place of hearing; 

provided further that no such rule, regulation, 

amendment, or repeal shall be or become effective 

until thirty days after such public hearing, or until 

such time as shall be determined by the commission 

to be reasonable and necessary.

O. RSA 21-O:11, I, 

which establishes the 

Air Resources Council 

and requires that the 

members adequately 

disclose all conflicts, 

was submitted as a SIP 

revision on December 

31, 2012, along with 

the infrastructure SIP 

for the 2008 Ozone 

standard.

Procedural rules are 

found in Env-A 200.
 Page 32 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

RSA 125-C:6 Powers and Duties of the 

Commissioner. – In addition to the other powers 

and duties granted herein, the commissioner shall 

have and may exercise the following powers and 

duties: 

 I. Exercising general supervision of the 

administration and enforcement of this chapter and 

all rules adopted and orders promulgated under it; 

 II. Developing a comprehensive program and 

provide services for the study, prevention, and 

abatement of air pollution; 

 III. Conducting and encouraging studies relating 

to air quality; 

 IV. Collecting and disseminating the results of 

studies relating to air quality; 

 V. Advising, consulting, and cooperating with 

the cities and towns and other agencies of the state, 

federal government, interstate agencies, and other 

affected agencies or groups in matters relating to 

air quality; 

 VI. Encouraging local units to promote 

cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling 

air pollution in the state; 

 VI-a. Encouraging the recycling of waste oil by 

allowing qualified marketers to sell, and qualified 

facilities to burn, a mixture that consists of at least 

90 percent virgin no. 6 oil and the remainder 

complying with the used fuel oil specifications in 

40 CFR, section 279.11, table 1; 

 VII. Entering at all reasonable times in or upon 

any private or public property, except private 

residences, for the purpose of inspecting or 

investigating any condition which is believed to be 

either an air pollution source or in violation of any 

of the rules or orders promulgated hereunder. Any 

information, other than emission data, relating to 

secret processes or methods of manufacture or 

production obtained in the course of such 

inspection or investigation shall not be disclosed by 

the commissioner without permission of the person 

whose source is inspected or investigated; 

 VIII. Accepting, receiving, and administering 

grants or other funds or gifts for the purpose of 

carrying out any of the functions of this chapter, 

including such monies given under any federal law 

to the state for air quality control activities, 

surveys, or programs; 

 IX. Consulting the air resources council 

established by RSA 21-O:11 on the policies and 

plans for the control and prevention of air 

pollution; 

 X. Exercising all incidental powers necessary to 

carry out the purposes of this chapter; 

 XI. Conducting emission tests and requiring 

owners or operators of stationary sources to install, 

maintain, and use emission monitoring devices and 

to make periodic reports to the commissioner on 

RSA 125:81 Powers and Duties of the Agency. –

In addition to the other powers and duties granted 

herein, the agency shall have and may exercise the 

following powers and duties: 

 I. To exercise general supervision of the 

administration and enforcement of this subdivision 

and all rules and regulations and orders 

promulgated by the commission; 

 II. To develop a comprehensive program and 

provide services for the study, prevention, and 

abatement of air pollution; 

 III. To conduct and encourage studies relating to 

air pollution; 

 IV. To collect and disseminate the results of 

studies relating to air pollution; 

 V. To advise, consult, and cooperate with the 

cities and towns and other agencies of the state, 

federal government, interstate agencies, and other 

affected agencies or groups in matters relating to air 

pollution; 

 VI. To encourage local units to promote 

cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling 

air pollution in the state; 

 VII. To enter at all reasonable times in or upon 

any private or public property, except private 

residences, for the purpose of inspecting or 

investigating any condition which is believed to be 

either an air pollution source or in violation of any 

of the rules or regulations or orders promulgated 

hereunder. Any information relating to secret 

processes or methods of manufacture or production 

obtained in the course of such inspection or 

investigation shall not be disclosed by the director 

without permission of the person whose source is 

inspected or investigated; 

 VIII. To accept, receive, and administer grants or 

other funds or gifts for the purpose of carrying out 

any of the functions of this act, including such 

monies given under any federal law to the state for 

air quality control activities, surveys, or programs; 

 IX. To consult the commission on the policies 

and plans for the control and prevention of air 

pollution; 

 X. To exercise all incidental powers necessary to 

carry out the purposes of this subdivision; 

 XI. The agency shall have the authority to 

conduct emission tests and to require owners or 

operators of stationary sources to install, maintain, 

and use emission monitoring devices and to make 

periodic reports to the agency on the nature and 

amounts of emissions from such stationary sources. 

The agency shall have the authority to make such 

data available to the public and as correlated with 

any applicable emission standards; 

 XII. The agency shall have the authority to carry 

out a program of inspection and testing of all modes 

of transportation, to enforce compliance with 

Substantially the same 

language through 

subsection XIV, where 

RSA 125:81 ends.
 Page 33 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

the nature and amounts of emissions from such 

stationary sources. The commissioner shall have 

the authority to make such data available to the 

public and as correlated with any applicable 

emission standards; 

 XII. Carrying out a program of inspection and 

testing of all modes of transportation, to enforce 

compliance with applicable emission standards 

when necessary and practicable and to control or 

limit the operation of motor vehicular and other 

modes of transportation when in the opinion of the 

commissioner such modes of transportation are 

producing or pose an imminent danger of 

producing levels of air pollutants that will result in 

a violation of an ambient air quality standard, or 

that will result in a significant deterioration, as 

defined in applicable federal regulations, of 

existing air quality in an area classified as a "clean 

air'' area by state or federal regulations; 

 XIII. Coordinating and regulating the air 

pollution control programs of political subdivisions 

of the state and entering agreements with said 

subdivisions to plan or implement programs for the 

control and abatement of air pollution; 

 XIV. Establishing and operating a statewide 

system under which permits shall be required for 

the construction, installation, operation, or 

modification of air pollution devices and sources, 

which system shall be established pursuant to RSA 

125-C:11 and the sections which follow. The 

authority vested in the commissioner by this 

section shall include the power to delay or prevent 

any construction, modification, or operation of said 

air pollution sources and modifications which, in 

the opinion of the commissioner, would cause the 

ambient air pollution level in the locality of such 

construction, modification, or operation to exceed 

limits for ambient concentrations established by the 

New Hampshire state implementation plan adopted 

pursuant to the Clean Air Act as amended, or 

which construction, modification, or operation 

would, in the opinion of the commissioner, violate 

any provision of any land use plan established by 

the New Hampshire state implementation plan; 

 XIV-a. Establishing fuel quality standards and 

testing requirements for biomass other than round 

wood and wood chips derived from round wood or 

waste wood such as limbs, branches, brush, slash, 

bark, stumps, sawdust, saw mill trimmings, clean 

pallets, and untreated wood scraps from furniture 

and other manufacture and eligible biomass fuel 

related to the combustion of such materials at 

stationary sources. The commissioner may 

establish such standards as necessary to maintain 

statewide compliance with Clean Air Act standards 

and RSA 125-I. 

 XV. Implementing a program of prevention of 

significant deterioration of ambient air quality by 

applicable emission standards when necessary and 

practicable and to control or limit the operation of 

motor vehicular and other modes of transportation 

when in the opinion of the director such modes of 

transportation are producing or pose an immediate 

danger of producing unacceptable levels of air 

pollutants; 

 XIII. The agency shall have the authority to 

coordinate and regulate the air pollution control 

programs of civil subdivisions of the state and to 

enter agreements with said subdivisions to plan or 

implement programs for the control and abatement 

of air pollution; 

 XIV. The agency shall have the authority to 

establish and operate a statewide system under 

which permits shall be required for the construction 

and operation of new stationary sources of air 

pollution and the construction and operation of 

modifications of existing sources, which system 

shall be established pursuant to RSA 125:90 et seq. 

The authority vested in the agency hereby shall 

include the power to delay or prevent any

construction, modification, or operation of said air 

pollution sources and modifications which, in the 

opinion of the director, would cause the ambient air 

pollution level in the locality of such construction, 

modification, or operation to exceed limits for 

ambient concentrations established by the New 

Hampshire state implementation plan adopted 

pursuant to the Clean Air Act as amended (Public 

Laws collected under 42 U.S.C. 1857 et seq.) or 

which construction, modification, or operation 

would, in the opinion of the director violate any 

provision of any land use plan established by the 

said New Hampshire state implementation plan; 

RSA 125-C establishes 

a PSD permit program.
 Page 34 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

establishing air quality increments limiting the 

maximum allowable increases in the amounts of air 

pollutants provided such increments are not less 

stringent than those specified in the Clean Air Act 

and amendments thereto, and in regulations 

promulgated thereunder; 

 XVI. Establishing an air quality monitoring 

equipment replacement program to provide for 

sufficient annual replacement to meet federal 

Environmental Protection Agency guidelines and 

to assure the reliability and accuracy of the network 

equipment. 

 XVII. Implementing a program to control the 

emissions of air contaminants from consumer 

products for purposes of RSA 485:16-c, by 

establishing limits on the manufacture, use, or sale 

of such products, provided that such limits are not 

less stringent than those established under the 

Clean Air Act and amendments thereto, and in 

regulations promulgated under the Clean Air Act.

RSA 125-C authorizes 

DES to establish an air 

quality monitoring 

program to meet EPA 

guidelines.

125-C:8 Administration of Chapter; Delegation 

of Duties. – The commissioner shall be responsible 

for the implementation of this chapter and any rule 

adopted hereunder and may delegate to a 

subordinate or subordinates any and all duties 

vested in him, except rulemaking authority.

125:80 Administration

II. The director of the division of public health 

services shall designate an individual to be director 

of the agency, hereinafter referred to as the director, 

who shall be responsible for implementation of this 

subdivision and any regulations promulgated 

hereunder, and who may delegate to a subordinate 

or subordinates any or all duties vested in him. The 

director shall act as technical secretary to the air 

pollution commission, without voting power.

RSA 125-C does not 

allow the commissioner

to delegate rulemaking 

duties.

125-C:9 Authority of the Commissioner in 

Cases of Emergency. – Whenever the 

commissioner finds that an air pollution emergency 

exists requiring immediate action to protect the 

public health, welfare, or safety, he may with 

consent of the governor and council issue an order 

reciting the existence of such an emergency and 

requiring that such action be taken as he deems 

necessary to meet the emergency. Such order shall 

be effective immediately. Any person to whom 

such an order is directed shall comply therewith. 

The commissioner shall rescind or abate such order 

as soon as the emergency ceases to exist.

125:84 Authority of the Director in Cases of 

Emergency. – Whenever the director finds that an 

air pollution emergency exists requiring immediate 

action to protect the public health, welfare, or 

safety, he may with consent of the governor and 

council issue an order reciting the existence of such 

an emergency and requiring that such action be 

taken as he deems necessary to meet the 

emergency. Such order shall be effective 

immediately. Any person to whom such an order is 

directed shall comply therewith. The director shall 

rescind or abate such order as soon as the 

emergency ceases to exist.

The wording is 

substantially the same.

125-C:10 Devices Contributing to Air Pollution. –

 I. No person shall install, construct, operate, or 

modify any device or non-Title V source which 

contributes to air pollution except as prescribed by 

this chapter. 

 II. No person shall construct, operate or modify 

an affected source which contributes to air 

pollution except as prescribed by this chapter.

125:90 Devices Contributing to Air Pollution. –

No person shall install or operate any device which 

contributes to air pollution except as prescribed by 

this subdivision. 

The wording in RSA 

125-C was expanded 

to include Title V 

sources.

125-C:10-a Municipal Waste Combustion Units.–

Any municipal waste combustor, as defined in 

RSA 125-M:2, XI, with a design capacity of at 

least 35 tons per day but no more than 250 tons per 

day of municipal solid waste, as defined in RSA 

No equivalent 

provision in RSA 125.
 Page 35 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

125-M:2, X, shall be limited to the following levels 

of emissions, unless otherwise provided for by a 

more stringent federal regulation, or by other state 

statute: 

 I. Particulate matter: 27 milligrams/dry standard 

cubic meter, corrected to 7 percent oxygen, 3-run 

average (run duration specified in test method). 

 II. Opacity: 10 percent (6-minute average), 30 6-

minute averages. 

 III. Cadmium: 0.040 milligrams/dry standard 

cubic meter, corrected to 7 percent oxygen, 3-run 

average (run duration specified in test method). 

 IV. Lead: 0.44 milligrams/dry standard cubic 

meter, corrected to 7 percent oxygen, 3-run average 

(run duration specified in test method). 

 V. Mercury: 0.028 milligrams/dry standard cubic 

meter, corrected to 7 percent oxygen, or 85 percent 

control efficiency, 3-run average (run duration 

specified in test method). 

 VI. Sulfur dioxide: 29 parts per million by 

volume, or 25 percent of the potential sulfur dioxide

emission concentration, corrected to 7 percent 

oxygen (dry basis), monthly block geometric 

average concentration or percent reduction. 

 VII. Hydrogen chloride: 29 parts per million by 

volume, or 5 percent of the potential hydrogen 

chloride emission concentration, corrected to 7 

percent oxygen (dry basis), 3-run average 

(minimum run duration is 1 hour). 

 VIII. Dioxins/furans: 60 nanograms/dry standard 

cubic meter (total mass), corrected to 7 percent 

oxygen, where an electrostatic precipitator- based 

emission control system is employed; or 30 

nanograms/dry standard cubic meter (total mass) 

corrected to 7 percent oxygen, where an 

electrostatic precipitator-based emission control 

system is not employed, 3-run average (minimum 

run duration is 4 hours).

125-C:11 Permit Required. –

 I. The construction, installation, operation, or 

modification of any device or non-Title V source as 

defined under RSA 125-C:2, and as further defined 

by rules adopted by the commissioner shall be 

prohibited unless the source possesses a temporary 

permit or operating permit whether a permit-bynotification, general permit, or an individual 

operating permit issued by the commissioner. The 

commissioner may by rule exempt certain devices 

or non-Title V sources from the requirements of 

this section. 

 I-a. The construction, installation, operation, or 

modification of an affected source shall be 

prohibited unless the affected source possesses and 

complies with a temporary permit, general permit, 

or individual operating permit issued by the 

commissioner in accordance with the requirements 

of the Clean Air Act. The term of the general permit

or permit to operate shall not exceed 5 years. 

125:92 Permit Required. - An operating permit 

shall be required after February 1, 1973 for the 

installation or operation of any device described in 

regulations hereby authorized to be issued by the 

agency to implement the provisions of RSA 125:81, 

XIV and this subdivision. Permits shall be of three 

classes and shall be issued for an indefinite period. 

The director may make such orders as he deems 

necessary for the modification of any device for 

which a permit has been applied for or issued 

hereunder and the grant of any permit may be made 

conditional upon compliance with said orders.

RSA 125-C has been 

updated to provide for 

various kinds of 

permits, eliminating 

the division of permits 

into three classes. 
 

Page 36 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

 II. A temporary permit, which may contain 

conditions, shall be required prior to commencement

of construction or installation of any new or 

modified device or non-Title V source except for 

those devices or non-Title V sources which are 

authorized to construct and operate pursuant to a 

permit-by-notification or a general permit. A 

temporary permit shall be in effect until it expires, 

an operating permit is issued, or until sooner 

revoked by the commissioner. Such permit shall 

contain the emission limits the device or non-Title 

V source is required to meet, and shall be issued by 

the commissioner upon a finding that the device or 

non-Title V source will meet such limits and will 

not result in a violation of any air quality standard 

or regulation in force under this chapter. 

 III. An individual operating permit, which may 

contain conditions, shall be issued with respect to a 

device or non-Title V source for which a temporary 

permit is in effect, upon a finding by the 

commissioner, following operational testing, where 

required, that the device or non-Title V source meets

the applicable emission limits and that its operation 

will not result in a violation of any air quality 

standard or regulation in force under this chapter. 

 III-a. [Repealed.] 

 III-b. A general permit, which may contain 

certain conditions, may be issued with respect to a 

Title V source category if the commissioner finds 

that there is more than one stationary source, area 

source, or device in the same category and the 

stationary sources, area sources, or devices in that 

category are all subject to the same regulatory 

requirements. 

 III-c. The commissioner may adopt rules 

providing for a permit-by-notification with respect 

to a source category, provided that the 

commissioner finds that there is more than one 

device or non-Title V source in the source 

category, and that the devices or non-Title V 

sources in that category are all subject to the same 

regulatory requirements. 

 IV. A temporary permit, which may contain 

conditions, shall be required prior to 

commencement of construction or installation of 

any new or modified affected source, except for 

those affected sources which are authorized to be 

constructed pursuant to a general permit. The 

applicant shall be required to conduct 

preconstruction or premodification review 

procedures prior to commencement of construction 

of any new major stationary source, device, or 

modification to any existing major stationary 

source or device. Such procedures shall be 

sufficient to allow the commissioner to make 

determinations that the proposed construction or 

modification will not cause or contribute to a 

failure to attain or maintain any ambient air quality 
 Page 37 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

standard, significant deterioration of air quality, or 

a violation of any applicable emission limitation or 

standard of performance. Such preconstruction and 

premodification review requirements shall be no 

less stringent than, and shall require that no permit 

shall be issued for a source unless such source 

meets all the requirements for review and for 

obtaining a permit prescribed in the Clean Air Act. 

 V. The applicant for a permit to operate shall be 

required to conduct preconstruction or 

premodification review procedures prior to 

commencement of construction of any affected 

source. Such procedures shall be sufficient to allow 

the commissioner to make determinations that the 

proposed construction or modification will not 

cause or contribute to a failure to attain or maintain 

any ambient air quality standard, significant 

deterioration of air quality, or a violation of any 

applicable emission limitation or standard of 

performance. The applicant shall submit the 

required information to the commissioner prior to 

the commencement of construction or 

modification. Such preconstruction review and 

premodification review requirements shall be no 

less stringent than those prescribed in the Clean Air 

Act, 42 U.S.C. section 7401 et seq., as amended.

125-C:12 Administrative Requirements. –

 I. Applications for permits shall be upon such 

forms, and shall include such information, as the 

commissioner requires under rules adopted 

pursuant to RSA 541-A in order to determine the 

nature of the air pollution potential for such device 

or non-Title V source. 

 II. The commissioner shall act upon a permit 

application within a reasonable period of time. 

Prior to such action, the commissioner shall 

provide notice of the application by publication in 

at least one newspaper of general circulation. The 

commissioner shall also provide an opportunity for 

a hearing to interested persons. The requirement of 

public notice and hearing shall not apply to such 

devices or sources that will have, in the opinion of 

the commissioner, an insignificant effect on air 

quality. The commissioner may adopt rules relative 

to the requirements of public notice and hearing for 

such devices or sources. 

 III. Any person aggrieved by a decision of the 

commissioner to grant in whole or in part, with or 

without conditions, or to deny a permit who wishes 

to appeal the decision shall proceed in accordance 

with RSA 21-O:14. 

 IV. As a condition of any permit or authorization 

required or any requested applicability 

determination, the commissioner may require 

payment of a fee to cover the reasonable costs of 

reviewing and acting upon the application for a 

permit. 

 IV-a. The applicant shall pay any cost or expense 

125:93 Requirement for Class B Permit. - A class 

B permit shall be required for the installation or 

operation of any device listed by the agency in 

regulations. Said permit shall be issued by the 

agency subject to the following conditions:

I. Application therefor to the agency on an agencysupplied form by the owner or operator of the 

device; provided, however, that initial applications 

hereunder for devices in operation on April 1, 1972, 

shall be made prior to May 1, 1972;

II. Submission with said application of a description 

of the device and such engineering plans, 

specifications or other information as the agency 

shall require to determine the air pollution potential 

of the device;

III. Upon passage of thirty days from the date of 

application unless the agency shall for cause refuse 

to grant a permit after hearing as provided in RSA 

125:94; provided, however, that the initial permits 

issued hereunder shall be issued prior to February 1, 

1972 without regard to the thirty-day deadline 

provided in this paragraph.

RSA 125-C has done 

away with the classes 

of permits and 

authorizes DES to act 

upon permit 

applications within a 

reasonable period of 

time rather than 30 

days, as required by 

RSA 125.

RSA 125-C requires 

public notice and the 

opportunity for a 

hearing on a proposed 

permit.

RSA 125-C authorizes 

DES to collect permit 

application and 

emission fees.
 Page 38 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

associated with public notices or notifications in 

the permit process. 

 IV-b. As a condition of any permit or 

authorization required, the commissioner may 

require payment of an annual emissions fee 

sufficient to cover the costs of implementing or 

enforcing the permit program authorized by this 

chapter including: 

 (a) The costs of reviewing and acting upon any 

permit renewal; 

 (b) Emissions and ambient monitoring, for 

those costs incurred under the permitting program; 

 (c) Preparing generally applicable rules or 

guidance; 

 (d) Modeling, monitoring, analyses, and 

compliance demonstrations; 

 (e) Preparing inventories and tracking 

emissions; and 

 (f) Inspections and enforcement. 

 IV-c. In lieu of the annual emissions fee specified

in paragraph IV-b, as a condition of any permit or 

authorization required, the commissioner may 

require payment of a one-time fee sufficient to 

cover the costs of implementing or enforcing the 

permit program authorized by this chapter 

including the provisions specified in paragraph IV-b.

 IV-d. The commissioner shall adopt rules 

relative to a fee schedule for applicants and the 

collection of fees under the schedule. All fees and 

monetary grants, gifts, donations, or interest 

generated by these funds shall be deposited with 

the state treasurer in a special nonlapsing fund to be 

known as the air resources fund and shall be 

continually appropriated to the department for the 

administration of this chapter. 

 V. Fees required to be collected from affected 

sources by the Clean Air Act as authorized under 

this section shall be deposited in the air resources 

fund, shall be accounted for separately, and shall be 

used by the commissioner for the establishment 

and operation of a statewide system of permitting 

for the construction, operation, or modification of 

any new or existing affected source.

125-C:13 Criteria for Denial; Suspension or 

Revocation; Modification. –

 I. The commissioner shall deny an application 

for any permit or authorization if, on the basis of 

evidence available to the commissioner, the 

commissioner determines: 

 (a) That the device or non-Title V source for 

which the permit or authorization is sought will 

result in a violation of any standard or rule in force 

under this chapter; or 

 (b) That the device or non-Title V source will 

contribute disproportionately to pollution of the air 

in comparison with other similar sources able to 

perform the same function that are currently 

available; or 

RSA 125:94 Refusal to Grant; Suspension; 

Hearing. - The agency may refuse to grant any 

class B or C permit if:

I. In the judgment of the director, the device for 

which a permit is sought contributes or may 

contribute disproportionately to pollution of the air 

in comparison to other devices of its type currently 

in use; or

II. The device for which a permit is sought should, 

in the opinion of the director, should be fitted with 

or modified by equipment designed to reduce the air 

pollution capacity of the device and the applicant

refuses to comply with an order to that effect;

III. The director may suspend after hearing a 

permit previously issued for the causes set out in 

The criteria for 

denying a permit have 

changed slightly, 

although 125:94, I, and 

125-C:13, I(b) are the 

same. RSA 125-C, 

I(c) also acknowledges

the need to prevent 

significant 

deterioration of air 

quality. In addition, 

RSA 125-C, II, 

provides more criteria 

for suspending 

permits.
 Page 39 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

 (c) That the device or non-Title V source is 

located in a "clean air'' area designated by state or 

federal rules or regulations and will or is 

reasonably likely to cause significant deterioration 

of the existing air quality in a part of the area. 

 II. The commissioner may suspend or revoke 

any permit or authorization issued hereunder if, 

following a hearing, the commissioner determines: 

 (a) That the permit holder or registrant has 

committed a violation of this chapter or any rule, 

order, or permit conditions in force and applicable 

to it; or 

 (b) That emissions from the device or nonTitle V source to which the permit applies, alone or 

in conjunction with other sources of the same 

pollutants, presents an immediate danger to the 

public health. 

 III. The commissioner may order modification of 

any source of air pollution holding a valid permit 

issued under this chapter in the event that the 

commissioner determines, following a hearing: 

 (a) That the device or non-Title V source to 

which the permit applies fails to meet existing 

emission limits established by state or federal rule 

or regulation; 

 (b) That the device or non-Title V source is 

resulting or is reasonably likely to result in a 

violation of an air quality standard in force. 

 IV. The commissioner may terminate, modify, 

revoke, or reissue for cause any permit or 

authorization issued to an affected source prior to 

expiration of such permit consistent with the 

requirements of the Clean Air Act.

RSA 125:94, I and II, above if, in the opinion of the 

director, the permit holder has failed to comply with 

any order for modification issued by the director.

125-C:14 Rehearings and Appeals. –

Administrative appeals from decisions of the 

commissioner made under the provisions of this 

chapter shall be heard by the air resources council 

under RSA 21-O:11, IV.

125:82 (See below.) See below.

125-C:15 Enforcement. –

 I. Whenever the commissioner or the 

commissioner's authorized representative finds that 

any device, non-Title V source, affected source of 

air pollution, or any other source of air pollution 

has resulted in a violation of any of the provisions 

of this chapter or any rules in force hereunder, or 

any condition in a permit issued under this chapter, 

the commissioner shall issue a notice of violation 

and, where appropriate, an order of abatement 

establishing a compliance schedule with which the 

device, non-Title V source, affected source, or any 

other source shall comply. Any order of abatement 

shall become final and enforceable by the 

commissioner within 30 days of its issuance unless 

an appeal is filed with the air resources council 

before the expiration of said 30-day period. The 

council shall hold a hearing on any such appeal 

promptly, and shall thereafter issue a decision 

125:82 Notification of Violation and Order of 

Abatement. - Whenever the director or his 

authorized representative finds upon inspection and 

examination that a source of air pollution as 

constructed, operated, or maintained has resulted in 

the violation of any of the provisions of this 

subdivision or any codes, rules, or regulations of the 

commission, he shall notify any person found to be 

causing, allowing, or permitting such violation of 

the nature of that violation and order that prior to a 

time fixed by the director, which time shall not be 

later than thirty days from the date of service of the 

notice, that such person shall cease and abate 

causing, allowing or permitting such violation and 

take such action as may be necessary for the source 

of air pollution to be constructed, operated or 

maintained in compliance with this subdivision and 

codes, rules, or regulations of the commission, 

unless a variance is granted in accordance with 

Both laws authorize 

DES to issue notices of 

violation and orders of 

abatement. RSA 125-

C now provides 30 

days in which to 

appeal an order to the 

Air Resources 

Council, up from the 

15 days allowed by 

RSA:82. 
 Page 40 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

upholding, modifying or abrogating the 

commissioner's order of abatement or any part 

thereof. The council's decision shall become final 

10 days after it is issued. Upon a finding by the 

commissioner that there is an imminent and 

substantial endangerment to the public health or 

welfare or the environment, the commissioner shall 

issue an order of abatement requiring immediate 

compliance and said order shall be final and 

enforceable upon issuance, but may be appealed to 

the council within 30 days of its issuance, and the 

council may, after hearing, uphold, modify, or 

abrogate said order. 

 I-a. Whenever the commissioner or his 

authorized representative finds that a gasoline 

dispensing facility subject to Stage II vapor 

recovery system requirements has resulted in a 

violation of any provisions of this chapter or the 

rules in force hereunder, the commissioner or 

authorized representative shall issue a stop use 

order and compliance schedule with which the 

gasoline dispensing facility shall comply. Any stop 

use order shall become final and enforceable upon 

issuance, but may be appealed to the council within 

10 days of its issuance and the council, after 

hearing, may uphold, modify, or abrogate such 

order. 

 I-b. The commissioner of the department of 

environmental services, after notice and hearing 

pursuant to RSA 541-A, may impose an 

administrative fine not to exceed $2,000 for each 

offense upon any person who violates any 

provision of this chapter, any rule adopted pursuant 

to this chapter, or any permit, compliance schedule, 

stop use order, or order of abatement, issued 

pursuant to this chapter; or upon any person who 

makes or certifies a material false statement 

relative to any document or information which is 

required to be submitted to the department pursuant 

to this chapter or any rule adopted pursuant to this 

chapter. Rehearings and appeals from a decision of 

the commissioner under this paragraph shall be in 

accordance with RSA 541. Any administrative fine 

imposed under this paragraph shall not preclude the 

imposition of further penalties under this chapter. 

The proceeds of administrative fines imposed 

pursuant to this paragraph shall be deposited in the 

general fund. 

 (a) Notice and hearing prior to the imposition 

of an administrative fine shall be in accordance 

with RSA 541-A and procedural rules adopted by 

the commissioner pursuant to RSA 541-A:16. 

 (b) The commissioner shall determine fines 

based on the following: 

 (1) For a minor deviation from a requirement 

causing minor potential for harm, the fine shall be 

not less than $100 and not more than $1,000. 

 (2) For a minor deviation from a requirement 

section 83. Any person aggrieved by the finding or 

order of the agency may request a hearing before 

the commission, at any time within fifteen days 

after notification, and the commission may affirm 

the finding or order of the agency or reverse or 

modify the finding or order of the agency. Any 

order or decision of the commission may be the 

subject of a motion for rehearing or of any appeal in 

the following manner:

I. Motion for reconsideration. Within twenty days 

after any decision of the commission, any person 

whose rights may be directly affected may apply to 

the commission for reconsideration of any matter 

determined by the commission in its decision, 

specifying in the motion for reconsideration the 

grounds therefor, and the commission may 

reconsider and revise its decision if in the opinion 

of the commission good reason therefor is stated in 

said motion.

II. Specifications. Such motion shall set forth fully 

every ground upon which it is claimed that the 

decision of the commission is unlawful or 

unreasonable. No appeal from any decision of the 

commission shall be taken unless the appellant shall 

have made application for reconsideration as herein 

provided, and when such application shall have 

been made, no ground not set forth therein shall be 

urged, relied on, or given any consideration by the 

court, unless the court for good cause shown shall 

allow the appellant to specify additional grounds.

III. Action on Motion. Upon the filing of such 

motion for reconsideration the commission shall 

within ten days either grant or deny the same, and 

shall thereby either affirm, or modify, revise or 

reverse its decision.

IV. Appeal from Decision on Motion for 

Reconsideration. Within thirty days after the 

application for reconsideration is denied, or if the 

application is granted then within thirty days after 

the decision on such reconsideration, the applicant 

may appeal by petition to the superior court.

V. Burden of Proof. Upon the hearing the burden of 

proof shall be upon the party seeking to set aside 

the decision of the commission to show that the 

same is unreasonable or unlawful, and all findings 

of the commission upon all questions of fact 

properly before it shall be deemed to be prima facie 

lawful and reasonable; and the order or decision 

appealed from shall not be set aside or vacated, 

except for errors of law, unless the court is 

persuaded by the balance of probabilities, on the 

evidence before it, that said decision is unjust or 

unreasonable.

RSA 125-C authorizes 

DES to impose 

administrative fines 

and provides an 

administrative fine 

matrix.
 Page 41 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

causing moderate potential for harm, the fine shall 

be not less than $601 and not more than $1,250. 

 (3) For a minor deviation from a requirement 

causing major potential for harm, the fine shall be 

not less than $851 and not more than $1,500. 

 (4) For a moderate deviation from a 

requirement causing minor potential for harm, the 

fine shall be not less than $601 and not more than 

$1,250. 

 (5) For a moderate deviation from a 

requirement causing moderate potential for harm, 

the fine shall be not less than $851 and not more 

than $1,500. 

 (6) For a moderate deviation from a 

requirement causing major potential for harm, the 

fine shall be not less than $1,251 and not more than 

$1,750. 

 (7) For a major deviation from a requirement 

causing minor potential for harm, the fine shall be 

not less than $851 and not more than $1,500. 

 (8) For a major deviation from a requirement 

causing moderate potential for harm, the fine shall 

be not less than $1,251 and not more than $1,750. 

 (9) For a major deviation from a requirement 

causing major potential for harm, the fine shall be 

not less than $1,501 and not more than $2,000. 

 (c) The commissioner may assess an additional 

fine for repeat violations. 

125-C:15 Enforcement, continued

 II. Any violation of the provisions of this 

chapter, or of any rule adopted or order issued 

under it, or of any condition in a permit issued 

under it, shall be subject to enforcement by 

injunction, including mandatory injunction, issued 

by the superior court upon application of the 

attorney general. Any such violation shall also be 

subject to a civil forfeiture to the state of not more 

than $25,000 for each violation, and for each day 

of a continuing violation. 

 III. Any person who violates any of the 

provisions of this chapter, or any rule adopted or 

order issued under this chapter, or any condition of 

a permit issued under this chapter shall be guilty of 

a misdemeanor if a natural person, or guilty of a 

felony if any other person. 

 IV. Notwithstanding RSA 651:2, any person 

may, in addition to any sentence of imprisonment, 

probation, or conditional discharge, be fined not 

more than $25,000 if found guilty of any violation 

pursuant to RSA 125-C:15, III. Each day of 

violation shall constitute a separate offense.

125:85 Injunctive Relief. A civil action may be 

instituted in superior court on behalf of the agency 

for injunctive relief to prevent the violation of the 

provisions of this subdivision or codes, rules or 

regulations of the commission, and said court may 

restrain in all such cases any person from violating 

any of the provisions of this subdivision or said 

codes, rules, or regulations.

125:86 Penalty. Any person who violates any of 

the provisions of RSA 125:78 through 94 inclusive 

or any rule or regulation of the air pollution control 

commission or who violates any order of the air 

pollution control agency shall be fined not less than 

one hundred dollars nor more than one thousand 

dollars and in addition thereto may be enjoined 

from continuing such violation. Each day any 

person neglects or refuses to comply therewith shall 

constitute a separate offense.

Both laws provide for 

injunctive relief and 

civil fines, but RSA 

125-C increases the 

civil penalties from a 

maximum of $1,000 to 

$25,000 per day of 

violation, and provides 

for criminal fines of 

$25,000 per day per 

violation and 

imprisonment.

125-C:18 Existing Remedies Unimpaired. – No 

existing civil or criminal remedy for any wrongful 

action which is a violation of any code or rule 

adopted hereunder shall be excluded or impaired 

by this chapter.

125:87 Existing Remedies Unimpaired. – No 

existing civil or criminal remedy for any wrongful 

action which is a violation of any code, rule, or 

regulation promulgated hereunder shall be excluded 

or impaired by this subdivision.

The wording is 

substantially the same.
 Page 42 of 45

RSA 125-C (New) RSA 125 (Old) COMMENTS

125-C:19 Protection of Powers. – The powers and 

functions vested in the commissioner under the 

provisions of this chapter shall not be construed to 

affect in any manner the powers, duties and 

functions vested in the department of health and 

human services under any other provision of law.

125:88 Protection of Powers. – The powers and 

functions vested in the department of health and 

welfare, division of public health services, under 

the provisions hereof, shall not be construed to 

affect in any manner the powers, duties, and 

functions vested in the department of health and 

welfare, division of public health services under any 

other provision of law.

The wording is similar 

and seeks to protect 

other powers and 

duties of the 

department of health 

and human services.

125-C:21 Severability. – If any provision of this 

chapter or the application thereof to any person or 

circumstance is held invalid, the invalidity does not 

affect other provisions or applications of the 

chapter which can be given effect without the 

invalid provision or application; and, to this end, 

the provisions of this chapter are severable.

125:89 Severability of Provisions. – If any 

provision of this subdivision or the application 

thereof to any person or circumstances is held 

invalid, such invalidity does not affect other 

provisions or applications of this subdivision which 

can be given effect without the invalid provision or 

application, and to this end the provisions of this 

subdivision are declared to be severable.

The wording is 

substantially the same.
 Page 43 of 45

Attachment 3

New Hampshire Statutes

Chapter 125-O: Air Pollution Control

• Section 125-O:1 Findings and Purpose.

• Section 125-O:3 Integrated Power Plant Strategy.
 Page 44 of 45

TITLE X

PUBLIC HEALTH

CHAPTER 125-O

MULTIPLE POLLUTANT REDUCTION PROGRAM

Section 125-O:1

 125-O:1 Findings and Purpose. –

 I. The general court finds that while air quality has improved in recent years, scientific 

advances have demonstrated that adequate protection of public health, environmental quality, 

and economic well-being - the 3 cornerstones of New Hampshire's quality of life - requires 

additional, concerted reductions in air pollutant emissions. The general court also finds that the 

state's tradition of environmental leadership - setting an example for similarly feasible air 

pollution reductions from upwind jurisdictions - is also well served by additional emission 

reductions. 

 II. Recent studies and scientific evidence, documented in the New Hampshire Clean Power 

Strategy issued in January 2001 by the department of environmental services, indicates that 

significant negative human health and ecosystem impacts continue to be caused by air pollution. 

The general court finds that the substantial quantities of several harmful air pollutants that 

continue to be emitted from existing fossil fuel burning steam electric power plants, despite 

recent reductions in the emission of certain air pollutants from some of these facilities, contribute 

to these harmful impacts and that additional emissions reductions from these sources are 

warranted. 

 III. Specifically, the general court finds that aggressive further reductions in emissions of 

sulfur dioxide (SO2), oxides of nitrogen (NOx), mercury, and carbon dioxide (CO2) must be 

pursued. These pollutants are primarily responsible for the human health and ecosystem impacts 

documented in the New Hampshire Clean Power Strategy issued in January 2001 by the 

department of environmental services. 

 IV. The general court finds that, as demonstrated by recent analyses, a high quality-of-life 

environment has been, and will continue to be, essential to New Hampshire's economic wellbeing. The general court further finds that protecting New Hampshire's high quality-of-life 

environment by reducing air pollutant emissions returns substantial economic benefit to the state 

through avoided health care costs; greater tourism resulting from healthier lakes and improved 

vistas; more visits by fishermen, hunters, and wildlife viewers to wildlife ecosystems, and a more 

productive forest and agricultural sector. 

 V. For the above reasons and others, the general court finds that substantial additional 

reductions in emissions of SO2, NOx, mercury, and CO2 must be required of New Hampshire's 

existing fossil fuel burning steam electric power plants. Due to the collateral benefits and 

economies of scale associated with reducing multiple pollutant emissions at the same time, the 

general court finds that such aggressive emission reductions are both feasible and cost-effective 

if implemented simultaneously through a comprehensive, integrated power plant strategy. 

 VI. The general court also finds that the environmental benefits of air pollutant reductions can 

be most cost-effectively achieved if implemented in a fashion that allows for regulatory and 

compliance flexibility under a strictly limited overall emissions cap. Specifically, market-based 

approaches, such as trading and banking of emission reductions within a cap-and-trade system, 

allow sources to choose the most cost-effective ways to comply with established emission 

reduction requirements. This approach also provides sources with an incentive to reduce air 

pollutant emissions sooner and by greater amounts, promotes the development and use of 

innovative new emission control technologies, and specifies to the greatest extent possible 

performance results regarding environmental improvement rather than dictating expensive, 
 Page 45 of 45

facility-specific, command-and-control regulatory requirements. The general court acknowledges 

that future federal regulations may mandate some facility-specific requirements regarding 

mercury reductions. 

 VII. The general court also finds that energy conservation results in direct reductions in air 

pollutant emissions. Thus, incentives for energy conservation are an important component of an 

overall clean power strategy. The general court recognizes that energy conservation expenditures 

made by utilities using system benefits charge funds can benefit all citizens and ratepayers. 

Source. 2002, 130:2, eff. July 1, 2002.

.....

Section 125-O:3

 125-O:3 Integrated Power Plant Strategy. –

 I. The department shall implement an integrated, multi-pollutant strategy to reduce air 

emissions from affected sources. 

 II. The integrated, multi-pollutant strategy shall be implemented in a market-based fashion that 

allows trading and banking of emission reductions to comply with the overall statewide annual 

emission caps established under RSA 125-O:3, III. Allowances, up to the amount of these caps, 

shall be allocated to each affected source based on the output of each affected source. The 

department shall make publicly available all allocations prior to the effective date of such 

allocations. 

 III. The strategy shall include implementation of the following statewide annual emissions 

caps: 

 (a) 7,289 tons annually applicable to total sulfur dioxide (SO2) emissions from the affected 

sources; 

 (b) 3,644 tons annually applicable to total oxides of nitrogen (NOx) emissions from the 

affected sources; 

 (c) [Repealed.] 

[Paragraph III(d) repealed by 2012, 281:11, I, effective as provided by 2012, 281:17.] 

 (d) 5,425,866 tons annually applicable to total carbon dioxide (CO2) emissions from the 

affected sources until December 31, 2008. 

Source. 2002, 130:2, eff. July 1, 2002. 2006, 105:2, I, eff. June 8, 2006. 2008, 182:3, eff. June 

11, 2008. 2012, 281:11, I, eff. as provided by 2012, 281:17.
EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL 

PROCEDURAL REQUIREMENTS

40 CFR Part 51, Appendix V, 2.1(e) 
EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL

REQUIREMENTS 

The only state requirement for SIP submittals that do not involve rulemaking is that at 

least 30 days before the date of any public hearing related to SIP revisions, public notice 

shall be published in a newspaper of general daily statewide circulation. (See Env-A 

204.01) Then if a hearing is held, it must be conducted in accordance with Env-C 205. 

(See Env-A 204.02) See the Evidence of Public Notice and the Certification of Public 

Hearing for evidence of the plan’s adoption in accordance with Env-A 204. 
EVIDENCE OF PUBLIC NOTICE

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

New Hampshire Union Leader Marketplace Page 1 of 1 

STATE OF NEW HAMPSHIRE 

DEPARTMENT OF 

ENVIRONMENTAL SERVICES 

AIR RESOURCES DIVISION 

CONCORD, NEW HAMPSHIRE 

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING 

¶ In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Title 40 of 

the Code of Federal Regulations (CFR) Section 51.102, notice is hereby given that the 

New Hampshire Department of Environmental Services, Air Resources Division (the 

Department) has prepared, and intends to submit to the U.S. Environmental Protection 

Agency, a certification of the adequacy of New Hampshire's State Implementation Plan (SIP) 

to meet the requirements of the federal Clean Air Act, section 110 (a) (1) and (2), 

pertaining to infrastructure elements for implementation of the one-hour federal air quality 

standard for sulfur dioxide. This standard, which New Hampshire and other states must 

meet, is contained in Title 40: Protection of Environment, section 50.17, National Primary 

Ambient Air Quality Standards for Sulfur Oxides (Sulfur Dioxide). 

¶ This SIP revision is submitted in response to the revised National Ambient Air Quality 

Standard (NMQS) for Sulfur Dioxide as promulgated by EPA on June 2, 2010. Certification 

of SIP adequacy must be made within three years after the date of promulgation of the 

standards. 

¶ The Department hereby solicits comments and has scheduled a public hearing on this SIP 

revision. Comments must be submitted in writing or by email or fax to Charles Martone, 

Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, 

NH 03302-0095; email Charles.Martone@des.nh.gov; fax (603)271-1381. 

¶ A SIP public hearing at the Department offices has been scheduled for 9:30 a.m., Friday, 

May 24, 2013. in Room 214 at 29 Hazen Drive, Concord, NH 03301. 

¶ All comments on the proposed SIP revision must be received by 4:00 p.m. on Friday, May 

24, 2013, to be entered into the record. 

¶ A copy of the SIP certification of adequacy is available for public inspection at the 

Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from 

8:00 a.m. to 4:00 p.m., Monday through Friday. The main text of the SIP certification may be 

downloaded at http://des.nh.gov/organization/divisions/air/d o/sipflndex.htm under "Sulfur 

Dioxide." For more information or to make arrangements for anyone wishing to attend the 

hearing who may need special assistance, please call Charles Martone at 

(603)271-1089. 

Craig A. Wright 

Acting Director, Air Resources Division 

NH Department of Environmental Services 

Dated: April 22, 2013 

(UL - Apr. 22) 

http://manchesterunionleader.nh.newsmemory.com/advmarketpla...4/25/2013 
CERTIFICATION OF PUBLIC HEARING

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

COMPILATION OF PUBLIC COMMENTS AND 

NEW HAMPSHIRE’S RESPONSE THERETO 

40 CFR Part 51, Appendix V, 2.1(h) 
Page 1 of 6

Summary of and Response to Comments on New Hampshire’s

Proposed Infrastructure SIP Certification of Adequacy

for the 2010 1-Hour SO2 Primary Standard

The New Hampshire Department of Environmental Services (NHDES) established a public 

comment period from April 22, 2013, through May 24, 2013, and held a public hearing on May 

24, 2013, to receive comments on its proposal to certify the adequacy of the New Hampshire State 

Implementation Plan (SIP) with respect to the 2010 1-hour National Ambient Air Quality Standard 

(NAAQS) for sulfur dioxide (SO2). NHDES received timely written comments from the U.S. 

Environmental Protection Agency, Region I (EPA) on May 20, 2013; the Sierra Club on May 24, 

2013; and 263 individuals via email. Four persons presented oral testimony at the hearing. The 

following summarizes and responds to comments received during the comment period. 

EPA Comments

Comment #1: “New Hampshire should list the minor SIP-approved new source review program at 

Env-A 607 under the column for ‘Applicable NH Laws and Regulations’ for element C of section 

110(a)(2).”

NHDES Response: NHDES agrees and added Env-A 607 as an applicable rule for element C.

Comment #2: “Element G requires states to have the authority to address emergency episodes and 

have adequate contingency plans to implement such authority. EPA plans to work with DES to 

update the state's area classifications and will determine at that time whether a contingency plan is 

needed.”

NHDES Response: NHDES looks forward to working with EPA on the update.

Sierra Club Comments

Comment #3: The infrastructure SIP must include enforceable 1-hour emission limits based on 

modeling to ensure attainment and maintenance of the NAAQS.

NHDES Response: The document being proposed for submittal to EPA for approval at this time is 

the Department's certification that the NH SIP fulfills the “infrastructure” requirements 

established in sections 110(a)(1) and (2) of the Clean Air Act (CAA) for SO2. Section 110(a)(2) 

requires states to address basic SIP elements, including emissions inventories, monitoring, and 

modeling, to assure attainment and maintenance of the NAAQS. EPA has determined that these 

infrastructure SIPs are not required to address certain elements pertaining to nonattainment 

areas, because those elements are covered separately in SIP revisions known as attainment plans. 

Furthermore, EPA has advised New Hampshire, by letter dated April 12, 2012, from then-EPA 

Assistant Administrator Gina McCarthy to NHDES Commissioner Tom Burack, that modeling is 

not a required component of this infrastructure SIP.
Page 2 of 6

EPA recently designated nonattainment areas in the country based on existing monitoring data. 

In New Hampshire, an area around the Pembroke air monitor has been designated nonattainment

for SO2, and a plan to bring that area into attainment will be submitted by NHDES to the EPA on 

or before December 31, 2014. That plan will contain enforceable measures designed to meet an 

attainment date of June 3, 2018, and will be proposed for public comment well before the due 

date. Because of controls recently installed at the Merrimack Station coal-fired power plant as

required by RSA 125-O, and the fact that the Pembroke monitor is now on-track for showing

attainment of the 1-hour sulfur dioxide standard, NHDES is confident that attainment will be 

achieved and that the area will qualify for redesignation prior to the statutory deadline.

Under EPA regulations and guidance, all areas of the state other than those deemed to be in nonattainment based on recorded monitoring data are treated as unknown (called "unclassifiable" 

areas by EPA). In New Hampshire, the unknown areas include locations with existing monitors 

such as Portsmouth and Concord (and previously Manchester) even when those monitors show 

"clean data" for the most recent monitoring period. EPA is currently developing guidance for the 

states on how to assess the unknown areas for designation purposes. This guidance may call for 

increased monitoring or modeling to fill existing data gaps. NHDES is committed to complying 

with EPA's requirements for designating areas and will proceed expeditiously to perform 

additional monitoring and/or modeling, as appropriate, as soon as final EPA guidance becomes 

available.

Comment #4: EPA’s AERMOD is the appropriate modeling tool for evaluating the adequacy of 

infrastructure SIPs and ensuring attainment and maintenance of the NAAQS. Past EPA guidance 

for SO2 attainment demonstrations has indicated that monitoring data alone is insufficient and 

should be accompanied by modeling analyses, especially for medium to larger sources.

NHDES Response: NHDES agrees that AERMOD is an appropriate tool for modeling air quality 

impacts from emission sources to determine whether those impacts are consistent with attainment 

of the SO2 NAAQS. In fact, NHDES has already begun collecting information in preparation for 

potential modeling efforts to make designation recommendations to EPA for those parts of the 

state not previously designated for attainment or nonattainment in the initial round of SO2 area 

designations. NHDES is also exploring expanded monitoring options for determining air quality 

in parts of the state that are without monitors. As stated above, modeling and/or monitoring 

conducted for SO2 attainment designation must comply with updated EPA guidance (or rule), 

which is still pending.

Comment #5: EPA's intent to designate Bow, where Merrimack Station is located, nonattainment 

has no legal effect and provides no increased protection of public health. Until EPA actually 

designates Bow nonattainment, NHDES still has an obligation to develop an infrastructure SIP 

which includes enforceable emission limits which ensure that Merrimack Station is not able to 

cause or contribute to NAAQS violations.

NHDES Response: On August 5, 2013, EPA published an official notice designating the area in 

question as "nonattainment." (78 Fed. Reg. 47191 (Aug. 5, 2013) Therefore, a plan to bring that 

area into attainment will be submitted to the EPA on or before December 31, 2014, in accordance 

with EPA guidance. Also, as noted earlier, employment of the scrubber has reduced emissions 

from Merrimack Station to a level that does not cause or contribute to NAAQS violations.
Page 3 of 6

Comment #6: Based on Sierra Club modeling, Schiller Station requires at least an 86 percent

reduction and Merrimack Station at least a 62 percent reduction in allowable SO2 emission rates 

(lb/hr basis).

NHDES Response: Both Schiller and Merrimack Stations are required to operate CEMS for SO2

emissions as participating major sources in EPA’s Acid Rain Program. Continuous hourly 

emissions data on each unit are available from EPA’s Clean Air Markets Division (CAMD) 

at http://ampd.epa.gov/ampd/. NHDES intends to do an independent evaluation of these hourly 

emissions and to determine appropriate SO2 emission limits, consistent with EPA guidance, in 

preparing future designation recommendations and attainment plans. At this point, given the lack 

of final guidance and the statutory deadline for the infrastructure SIP, the infrastructure SIP is not 

the appropriate vehicle for such evaluations and emission limits.

Comment #7: The infrastructure SIP must include provisions to ensure SO2 emissions will not 

cause or significantly contribute to nonattainment in another state. Air dispersion modeling by the 

Sierra Club “demonstrates not only clear cross-state impacts, but violations of the one-hour SO2

NAAQS in Maine due to emissions from Schiller Station in New Hampshire.”

NHDES Response: NHDES has monitored SO2 continuously since 2004 at a monitoring station 

on Pierce Island in Portsmouth, New Hampshire. This monitor is located 2 miles southeast of 

Schiller Station. Here are some relevant facts on maximum SO2 values recorded at this location:

• There have been no exceedances of the former annual SO2 NAAQS of 0.03 ppm at the 

Portsmouth monitor since measurements began there.

• Values at this site have never exceeded the former 24-hour NAAQS of 0.140 ppm.

• The new 1-hour NAAQS of 75 ppb has not been exceeded since its promulgation in 2010.

• 1-hour SO2 concentrations have declined by about 67% since 2005.

• The last time a 1-hour SO2 value exceeded 75 ppb was in 2008, when the current 1-hour

standard did not exist.

The Portsmouth Pierce Island monitoring station in recent years has shown a declining pattern of 

SO2 concentrations, which are reflective of decreasing SO2 emissions at Schiller Station and other 

sources in the area such as including Newington Station and the Portsmouth Naval Shipyard. 

(See graph prepared by State of Maine Department of Environmental Protection, below.)

Additional evaluations will follow the established process consistent with EPA guidance (or rule) 

for designating areas of attainment and nonattainment, and planning for attainment. DES intends 

to work in close cooperation with the Maine DEP to ensure that cross-state impacts are properly 

addressed.
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0

25

50

75

100

125

150

198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012

ppb

Figure 5: Kittery-Portsmouth 99th Percentile 1-hr SO2 Concentrations

Portsmouth Vaughan St Portsmouth Port Authority Portsmouth Pierce Island

Kittery Masonic Temple Kittery Greenfield St 1-hr SO2 NAAQS

Source: EPA AQS Database 7/9/2013

Source: Maine Department of Environmental Protection, Bureau of Air Quality, "Historical Sulfur Dioxide (SO2) 

Trends in the Kittery, Maine Area and How the Ambient and Area Emission Data Compares to the 1-Hour SO2

National Ambient Air Quality Standard," July 24, 2013.

Comment #8: Section 110(a)(2)(H) requires that a SIP provide for revisions when the NAAQS

are revised or the EPA Administrator finds that a plan is substantially inadequate to attain the

NAAQS or to comply with any additional requirements under the Act. New Hampshire Revised 

Statute 125-C:6, cited by NHDES as meeting this requirement, is too vague and does not 

contemplate revisions to the SIP.

NHDES Response: This requirement under Section 110(a)(2) is generic to every infrastructure 

SIP. EPA has previously approved this provision in New Hampshire’s SIP in substantially the same

form as presented here. See 76 FR 40248 (July 8, 2011) and 77 FR 63228 (October 16, 2012).

In addition to the statutory authority cited above, Env-A 204, Public Hearings on the State 

Implementation Plan, provides the procedures for holding hearings on revisions to the SIP. 

Therefore, NHDES believes the proposed SIP revision satisfies the requirements of Section 

110(a)(2)(H).

Comments Received via Electronic Mail

NHDES received 274 emailed comments, 10 of which were duplicates, one of which was from an 

environmental organization, and 263 of which were from individuals. These comments 

emphasized the public’s right to breathe clean air and expressed concern that sulfur dioxide in the 
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ambient air can cause respiratory distress. All but a few messages repeated the following 

quotation verbatim or with minor variations.

Comment #9: “I am extremely concerned about dangerous sulfur dioxide air pollution in my area, 

as even very short exposures to sulfur dioxide can cause asthma attacks and respiratory distress, 

potentially leading to hospitalization and even death. Right now, coal-fired power plants are 

allowed to emit vast quantities of sulfur dioxide in our state. That's why I am urging you to take 

into consideration all information – including air modeling of sulfur dioxide emissions – in 

developing our state's implementation plan for how we will address dangerous sulfur dioxide 

pollution. This plan must include tight, hourly limits on sulfur dioxide to protect the public, 

including vulnerable populations like children and the elderly, and to ensure that we have clean air 

to breathe.”

NHDES Response: NHDES is committed to implementing its authority under state law and the 

federal Clean Air Act to ensure that all New Hampshire citizens, as well as surrounding 

neighbors, are breathing air that meets the NAAQS for all of the criteria pollutants, including 

sulfur dioxide. NHDES is following the process and timeline outlined in the Clean Air Act for 

implementing new or revised NAAQS, as well as all rules and guidelines issued by EPA after a 

NAAQS has been set at levels to protect health and welfare.

Testimony at Public Hearing

NHDES heard testimony from four individuals at the public hearing on May 24, 2013. Three of 

these individuals also submitted comments by email during the comment period. Their testimony 

is paraphrased below, along with NHDES’s responses.

Comment #10: Coal is the dirtiest form of energy, causing emissions of not just SO2 but also 

particulate matter, heavy metals, metalloids, and radioactive particles. There is no safe level of 

SO2. Thus, DES needs to address air pollution and power plants emissions from a new 

perspective. 

NHDES Response: With the new 1-hour primary SO2 NAAQS, EPA has strengthened the standard 

for this pollutant based on recommendations from its scientific advisors. NHDES defers to EPA, 

whose scientific resources are more extensive than ours, in the development of air quality 

standards for this and other pollutants. At this time, NHDES is required to update the SO2 

infrastructure component of the New Hampshire SIP in accordance with federal regulations, as 

described elsewhere in this document.

Comment #11: New Hampshire has the third-highest asthma rate in the country. NHDES should 

have invited participation in the SIP process from persons whose health is affected by SO2

emissions and should schedule a new hearing to rectify that and the fact that this hearing was held 

the Friday before a Monday holiday. The draft SIP doesn’t meet standards; it includes no 

emission limits for the new NAAQS. 

NHDES Response: Infrastructure SIPs traditionally have provided the basic framework for 

implementing the NAAQS rather than specific emission limitations to accomplish the goals of 

attainment and maintenance of the standards. There are exceptions, and some of New 
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Hampshire’s laws and regulations are prescriptive with respect to required emission reductions. 

But the details, especially in the case of major emission sources, are more often handled by New 

Hampshire’s air permit program, in which allowable emission limits are specified in the

conditions written into individual permits for those sources to ensure that the sources do not cause 

or contribute to the violation of a NAAQS. The efficacy of this general approach is supported by

EPA’s history of actions granting approval of previous revisions to New Hampshire’s SIP. To the 

extent that new, hourly emission limits are required to ensure attainment and maintenance of the 

SO2 NAAQS, these conditions will be incorporated into the air permits of the affected sources at 

the earliest practicable dates. The remaining designation of currently "unclassifiable" areas for

attainment or nonattainment is proceeding on a parallel track and will be followed by further SIP 

revisions for any nonattainment area. There will be additional opportunities for public input as 

these plans take form.

Comment #12: Emission limits are important for the protection of sensitive populations. The 

proposed SIP does not reflect the Sierra Club’s air modeling analyses and did not include further 

research.

NHDES Response: See the responses to Comments #3, 4, 6, and 11.

Comment #13: The SIP as proposed contains almost nothing that is specific to the SO2 NAAQS 

and very little that is new material. The Sierra Club’s modeling shows that existing facilities in 

New Hampshire may cause nonattainment, and emission limits need to be revised as hourly limits 

developed from modeling.

NHDES Response: See the responses to Comments #3, 6, and 11.