## 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 th e people, promote the economic and social development of this state and to facilitate the enj oyment 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 shall be construe d as follows unless a different meaning is clearly apparent from the lang uage 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 out door 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 he alth of human, plant, or animal life, or cause damage to property or create a disagreeable or unna tural odor or obscure visibility or which unreasonably interfere with the enjoyment of life a nd property. III-a. ""Biomass'' means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in R SA 149-M:4, IV-a; wood which has been chemically treated; or agricultural crops or aquati c 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 environm ental services. V-c. ""Consumer products,'' any substance, prod uct (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 ma y 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 comp ounds that share certain similar chemical

structures and mode-of-action biological characteri stics, including a total of 17 dioxin-like compounds that are members of 2 closely related fam ilies: chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs). VII. [Repealed.] VII-a. ""Eligible biomass fuel'' means fuel sou rces including biomass or neat biodiesel, as define d 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 su bmission of either written or oral comments, or the

submission of both written and oral comments. VIII-b. ""Major deviation from requirement'' me ans the violator deviated from a requirement of a

statute or rule to such an extent that there is sub stantial non-compliance. VIII-c. ""Major potential for harm'' means a su bstantial likelihood of causing unhealthful air quality. IX. ""Material modification,'' a modification t he result of which is an increase in the amount or the number of pollutants emitted into the atmospher e. IX-a. ""Non-Title V Source,'' any stationary so urce other than an affected source which, in the opinion of the commissioner, contributes or may con tribute to the pollution of the air. IX-b. ""Minor deviation from requirement'' mean s 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 smal l likelihood of causing unhealthful air quality. IX-d. ""Moderate deviation from requirement'' m eans the violator significantly deviated from a requirement of a statute or rule but some requireme nts were implemented as intended, such that approximately half the requirements were met. IX-e. ""Moderate potential for harm'' means a m oderate 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 o r solid at standard conditions. X. ""Person,'' any individual, partnership, fir m 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 poli tical subdivisions or agencies thereof, or any othe r entity recognized by law as subject to rights and d uties. X-a. ""Repeat violation'' means a subsequent vi olation of a statute or rule at a facility or by a person for which a letter of deficiency, administra tive order, or administrative fine has previously been issued by the department. XI. ""Stationary source,'' any building, struct ure, 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). 19 93, 329:2, 3. 1996, 228:18, 105, 113, IV; 247:1, 2, 10; 278:10. 2001, 293:4, eff. July 17, 20 01. 2005, 173:1, 2, eff. June 29, 2005. 2008, 113:1, 2, eff. Aug. 2, 2008.



### Section 125-C:3

125-C:3 Commission Established. – [Repealed 1986, 202:29, II, eff. Jan. 2, 1987.]

### 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 lim ited to, open air source pollution, mobile source pollut ion, and stationary source pollution. (b) Primary and secondary ambient air qualit y standards. (c) Procedures to meet air pollution emergen cies, as authorized by RSA 125-C:9. (d) The establishment and operation of a sta tewide 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 de fined under RSA 125-C:2, subject to the permit 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 dev ices to established standards, as authorized by RSA 125-C:11, I. (g) The forms and information required on ap plications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 1 25-C:12, I. (h) Notification of and public hearing on pe rmit 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. (j) Procedures for permit application review , as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as aut horized by RSA 125-C:13. (k) Procedures for air testing and monitorin g and recordkeeping, as authorized by RSA 125- C:6, XI. (l) Procedures for receiving violation compl aints and for rules enforcement, as authorized by RSA 125-C:15, I. (m) Procedures for granting variances, as au thorized by RSA 125-C:16. (n) The manufacture, use, or sale of consume r products for purposes of implementing RSA

485:16-c. (o) Applicability thresholds for emissions o f particulate matter, mercury, and dioxin as provided in RSA 125-C:10-b, VII(f). (p) The duration of time during which no add itional best available control technology determination is required as provided in RSA 125-C: 10-b, IV and VI. (q) Procedures for establishing standards fo r and certification of any material, that is not an exempt fuel, to be combusted in a device at an affe cted source subject to RSA 125-C:10-b. (r) Standards and testing requirements for b iomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a. I-a. In adopting rules under paragraph I, the d epartment may incorporate by reference standards issued by the California air resources board relati ve 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 referenc ed in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as d efined in RSA 125-C:2, V-c.

II. The commissioner is authorized to issue sub poenas requiring the attendance of such witnesses and the production of such evidence and to administ er 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.

### Section 125-C:5

125-C:5 Agency Established. – [Repealed 1986, 202:29, III, eff. Jan. 2, 1987.]



### 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 admini stration and enforcement of this chapter and all rules adopted and orders promulgated under it; II. Developing a comprehensive program and prov ide services for the study, prevention, and abatement of air pollution; III. Conducting and encouraging studies relatin g to air quality; IV. Collecting and disseminating the results of studies relating to air quality; V. Advising, consulting, and cooperating with t he 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 cooperat ion by the people, political subdivisions, industries, and others in preventing and controllin g 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 consis ts of at least 90 percent virgin no. 6 oil and the remainder complying with the used fuel oil specific ations in 40 CFR, section 279.11, table 1; VII. Entering at all reasonable times in or upo n any private or public property, except private residences, for the purpose of inspecting or invest igating any condition which is believed to be either an air pollution source or in violation of a ny 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 inspec tion 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 g rants 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, su rveys, or programs; IX. Consulting the air resources council establ ished by RSA 21-O:11 on the policies and plans for the control and prevention of air pollution; X. Exercising all incidental powers necessary t o carry out the purposes of this chapter; XI. Conducting emission tests and requiring own ers or operators of stationary sources to install, maintain, and use emission monitoring devices and t o make periodic reports to the commissioner on

the nature and amounts of emissions from such stati onary 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 t esting 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 mo des of transportation when in the opinion of the commissioner such modes of transportation are produ cing or pose an imminent danger of producing levels of air pollutants that will result in a viol ation of an ambient air quality standard, or that w ill result in a significant deterioration, as defined i n applicable federal regulations, of existing air quality in an area classified as a ""clean air'' ar ea by state or federal regulations; XIII. Coordinating and regulating the air pollu tion control programs of political subdivisions of the state and entering agreements with said subdivi sions to plan or implement programs for the control and abatement of air pollution; XIV. Establishing and operating a statewide sys tem under which permits shall be required for theconstruction, installation, operation or material m odification of air pollution devices and sources,

which system shall be established pursuant to RSA 1 25-C:11 and the sections which follow. The authority vested in the commissioner by this sectio n 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 ambien t air pollution level in the locality of such construction, modification or operation to exceed l imits 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 wo uld, in the opinion of the commissioner, violate any provision of any land use plan established by t he 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 wast e wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, c lean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomas s fuel related to the combustion of such materials at stationary sources. The commissioner m ay establish such standards as necessary to maintain statewide compliance with Clean Air Act st andards and RSA 125-I. XV. Implementing a program of prevention of sig nificant deterioration of ambient air quality by establishing air quality increments limiting the ma ximum allowable increases in the amounts of air pollutants provided such increments are not less st ringent than those specified in the Clean Air Act and amendments thereto, and in regulations promulga ted thereunder; XVI. Establishing an air quality monitoring equ ipment replacement program to provide for sufficient annual replacement to meet federal Envir onmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment. XVII. Implementing a program to control the emi ssions of air contaminants from consumer products for purposes of RSA 485:16-c, by establish ing limits on the manufacture, use, or sale of such products, provided that such limits are not le ss 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.



### Section 125-C:6-a

125-C:6-a Enhanced Environmental Performance Agree ments. – I. It is the purpose of this section to create a voluntary pilot program by which the commissioner of environmental services may enter into enhanced e nvironmental performance agreements (EEPAs) with persons regulated under this chapter t o implement innovative environmental measures not otherwise recognized or allowed under existing laws and rules of this state, if those

measures achieve emissions reductions or reductions in discharges or wastes which equal or exceed those required under applicable statutes and rules, and to test innovative strategies for achieving enhanced environmental results. Approaches embodied in EEPAs should typically represent, favor, or promote pollution prevention, source reduction, environmental innovation, and transferability to other applicable entities, without increasing the o verall level of pollution emitted directly or indirectly to the air, water, and land. II. After notice and opportunity for public com ment and hearing, the commissioner may enter into enhanced environmental performance agreements with any person regulated under any or all of RSA 125-C, RSA 125-D, RSA 125-I, or RSA 125-J to im plement innovative environmental measures that relate to provisions of these chapter s, even if one or more of the terms of such an agreement would be inconsistent with an otherwise a pplicable statute or rule of this state. Participation in this program is limited to those p ersons who have submitted an enhanced environmental performance agreement that is accepta ble to the commissioner. A decision by thecommissioner to not enter into an agreement with an y person is not appealable.

III. An enhanced environmental performance agre ement shall operate in lieu of existing permits identified in the agreement. Any environmental stat ute, regulation, or condition in an existing permit that differs from a term or condition in an agreement shall cease to apply from the effective date of an initial or renewed agreement until the a greement is terminated or expires. IV. Persons applying to the commissioner for en hanced environmental performance agreements shall, at a minimum: (a) Submit a description of how the proposal is consistent with the purpose of this section and federal guidelines, and a comprehensive description of the proposed EEPA which includes the nature of the facility, the operations which will b e affected, how such operations will be altered to achieve superior emissions reductions, and the exte nt of emissions reduction anticipated. (b) Include in EEPA proposals the following, without limitation: (1) Identification of all state and feder al statutes, rules and regulations applicable to th e

source. (2) Identification of all statutes, rules and regulations that are inconsistent with one or more terms of the proposed agreement. (3) A statement describing how the propos ed agreement will achieve the purposes of this

section. (4) A statement describing the implementa tion of the proposed agreement, including a list of steps and schedule. Implementation of the proposed agreement shall not increase overall worker safety risks or create undue risk burdens on others

. (5) Identification of those members of th e general public, representatives of local communities, environmental groups, and other approp riate parties who have participated in the development of the proposed agreement or who have a n interest in the agreement. (6) Identification of how the applicant w ill demonstrate ongoing satisfaction of the requirements of the agreement, including but not li mited to, mechanisms for performance assurance and the type of performance guarantees to be provid ed, which guarantees shall be directly related to the complexity of, and risk associated with, the pr oposal. (7) A description of and plan for public participation in the EEPA. (8) A schedule for review by the commissi oner of the performance of the proposed EEPA. (9) Provisions for voluntary and involunt ary termination of the agreement. V. Without limiting the commissioner's authorit y under this section to specify additional criteria

, the commissioner may adopt rules, under RSA 541-A, specifying criteria for acceptance of proposed enhanced environmental performance agreeme nts. VI. In the event of deficient performance of an y term or condition in the agreement, the commissioner may, with written notice, terminate an y agreement, and the participant shall then be subject to enforcement under the applicable chapter . The commissioner's decision to terminate an agreement is not appealable. If an agreement is ter minated, the participant shall have 30 days to apply for any necessary permits concerning operatio ns that were in effect during the course of the

agreement. VII. Nothing in this section shall limit the au thority or the ability of the attorney general to initiate enforcement action against a person for vi olation of any laws of this state or rules adopted under such laws, except that an enhanced environmen tal performance agreement shall be deemed to be a permit to engage in activities authorized unde r the agreement. VIII. Nothing in this section shall reduce, eli minate, or in any way affect any fees that a participant in this program may be required to pay under any federal or state law. Applicants for participation in the enhanced environmental perform ance agreements program shall pay all costs associated with public notice and hearings.

Source. 1996, 230:1. 1998, 229:2, eff. Aug. 23, 1998.

### Section 125-C:7

125-C:7 Director. – [Repealed 1986, 202:29, IV, eff. Jan. 2, 1987.]



### Section 125-C:8

125-C:8 Administration of Chapter; Delegation of D uties. – 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. Jul y 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 cons ent of the governor and council issue an order reciting the existence of such an emergency and req uiring that such action be taken as he deems necessary to meet the emergency. Such order shall b e effective immediately. Any person to whom such an order is directed shall comply therewith. T he 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 b y this chapter. II. No person shall construct, operate or modif y 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.



### 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 le ast 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 standa rd 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 cub ic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method). IV. Lead: 0.44 milligrams/dry standard cubic me ter, 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 85percent control efficiency, 3-run average (run dura tion specified in test method).

VI. Sulfur dioxide: 29 parts per million by vol ume, or 25 percent of the potential sulfur dioxide emission concentration, corrected to 7 percent oxyg en (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 per cent 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) cor rected to 7 percent oxygen, where an electrostatic precipitator-based emission control s ystem is not employed, 3-run average (minimum run duration is 4 hours).

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



### Section 125-C:10-b

125-C:10-b Best Available Control Technology Requi red. – I. For the purposes of this section: (a) ""Best available control technology'' me ans an emission limitation based on the maximum degree of reduction for each air contaminant that w ould be emitted from any device that the department, on a case-by-case basis, taking into ac count energy, environmental, public health, and economic impacts and other costs, determines is ach ievable for such device through application of production processes or available equipment, method s, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant. (b) ""Exempt fuel'' means coal, natural gas, landfill gas, digester or bio gas, untreated wood, virgin petroleum products, or any mixture thereof. II. Except as provided in paragraph VII, the co nstruction, installation, operation, or material modification of any device located at an affected s ource that will combust any material shall be prohibited without first applying for and obtaining a permit from the department that establishes

emission limitations for such device based on best available control technology for controlling any particulate matter, mercury, or dioxin emissions fr om such device. Any material to be combusted in such device that is not an exempt fuel shall be cer tified as complying with standards established by the department. As part of the application for a pe rmit, the affected source shall demonstrate that such standards and certification shall be complied with during facility operation. The permit shall contain inspection, testing, and reporting requirem ents to ensure such standards are met. The permit shall establish procedures for sampling and testing appropriate to the material to be combusted using US EPA SW-846, Test Methods for Evaluating So lid Waste, Physical/Chemical Methods, and applicable American Society for Testing and Materia ls sampling methods or alternate sampling and testing methods approved by the department. III. If stack testing results show that emissio ns from a device are less than but within 10 percen t of the emission limitation for a specific air conta minant established under paragraph II for the device, the affected source shall install a departm ent approved continuous emission monitor (CEM) for that air contaminant. If a department approved CEM is not available for that air contaminant, the affected source shall submit a plan, including moni toring and stack testing requirements, for ensuring that the emissions limitation for that air contaminant is not exceeded until such time as a department approved CEM for that air contaminant be comes available. Once a department approved CEM is available, the affected source shall install that CEM within 24 months of department approval of the CEM. IV. Once the department has established an emis sion limitation for one or more air contaminantsunder paragraph II for a device based on best avail able control technology, no further best available

control technology determination for the emission o f such air contaminant or air contaminants from such device shall be required for such period of ti me as specified in rules of the department, unless

there is a material modification of the device. V. Any determination by the department pursuant to paragraph II, shall be subject to the following: (a) In no event shall application of best av ailable control technology result in: (1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter; and (2) Emission of any air contaminant speci fied in paragraph II in an amount disproportionate

to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar combustion technology and similar fuels. (b) If the department determines that a devi ce emits more than one of the air contaminants specified in paragraph II, or that the affected sou rce has more than one device that emits such air contaminants, the department shall determine best a vailable control technology emission limitations

for all such devices and all such air contaminants emitted. VI. If, prior to the effective date of this sec tion, the department made under other authority a b est available control technology determination for any air contaminant specified in paragraph II for any existing device and established in a permit issued pursuant to this chapter an emission limitation for such air contaminant, then no determination of best available control technology pursuant to paragraph II for such air contaminant from such dev ice shall be required for such period of time as specified in rules of the department, unless there is a material modification of the device. VII. This section shall not apply to: (a) A municipal waste combustor that is subj ect to RSA 125-M; (b) Chemical recovery combustion sources at pulp and paper mills subject to 40 CFR 63, Subpart MM; (c) A device at an affected source that comb usts material of which at least 90 percent by weigh t is exempt fuel; (d) An affected source that is within a list ed source category and subject to a performance standard or emission guidelines established by the United States Environmental Protection Agency pursuant to either section 111 or section 112 or se ction 129 of the Clean Air Act, provided that these standards and guidelines are at least as stringent as those achieved by applying best available control technology as specified under paragraph II; (e) A device at an affected source that, on the effective date of this section, routinely combu sts any material other than a material specified in sub paragraph (c) under a permit issued by the department, unless there is later a material modifi cation of such device; or (f) A device at an affected source with emis sions of particulate matter, mercury, or dioxin below threshold levels established by rules of the department.

Source. 2005, 173:4, eff. June 29, 2005.



### Section 125-C:10-c

[RSA 125-C:10-c effective until January 1, 2011; s ee also 125-C:10-c set out below.]

125-C:10-c Combustion Ban. – Notwithstanding any provision of law to the con trary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. This section sha ll not apply to the incidental combustion of suchmaterials by any municipal waste combustor, as defi ned in RSA 125-M:2, XI, which was subject to

regulation by this chapter or RSA 149-M and which w as in operation on January 1, 2006, or by any municipal incinerator that is permitted by the depa rtment and was in operation on January 1, 2006. This section shall not apply to the incidental comb ustion, under the supervision of a solid waste facility operator, of untreated wood at any municip al transfer station subject to regulation under

RSA 149-M.

Source. 2007, 128:1, eff. Jan. 1, 2008.



### Section 125-C:10-c

[RSA 125-C:10-c effective January 1, 2011; see als o RSA 125-C:10-c set out above.]

125-C:10-c Combustion Ban. – Notwithstanding any provision of law to the con trary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. This section sha ll not apply to the incidental combustion of such materials by any municipal waste combustor, as defi ned in RSA 125-M:2, XI, which was subject to regulation by this chapter or RSA 149-M and which w as in operation on January 1, 2006, or by any municipal incinerator that is permitted by the depa rtment and was in operation on January 1, 2006.

Source. 2007, 128:1, eff. Jan. 1, 2008; 128:2, eff. Jan. 1 , 2011.



### Section 125-C:11

125-C:11 Permit Required. – I. The construction, installation, operation, o r material 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 t emporary permit or final permit issued by the commissioner. The commissioner may by rule exempt c ertain devices or non-Title V sources from the requirements of this section. I-a. The operation of an affected source shall be prohibited unless the affected source possesses and complies with a permit to operate issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the permit to operate shall not exceed 5 years. II. A temporary permit, which may contain condi tions, shall be required prior to commencement of construction or installation of any new or modif ied device or non-Title V source, and shall be in effect until a final permit is issued or until soon er 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 s tandard or regulation in force under this chapter. III. A final permit, which may contain conditio ns, shall be issued with respect to a device or non

Title V source for which a temporary permit is in e ffect, 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 w ill not result in a violation of any air quality standard or regulation in force under this chapter. III-a. [Repealed.] IV. 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 sourc e or device. Such procedures shall be sufficient

to allow the commissioner to make determinations th at 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 viol ation of any applicable emission limitation or

standard of performance. Prior to commencement of c onstruction or modification, the applicant shall submit the required information to the commis sioner. Such preconstruction and premodification review requirements shall be no les s stringent than, and shall require that no permit

shall be issued for a source unless such source mee ts 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 commence ment of construction of any affected source. Such procedures shall be sufficient to allow the co mmissioner to make determinations that the proposed construction or modification will not caus e or contribute to a failure to attain or maintain any ambient air quality standard, significant deter ioration of air quality, or a violation of any applicable emission limitation or standard of perfo rmance. The applicant shall submit the required information to the commissioner prior to the commen cement of construction or modification. Such preconstruction review and premodification review r equirements shall be no less stringent than those prescribed in the Clean Air Act, 42 U.S.C. se ction 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.



### 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 n on-Title V source. II. The commissioner shall act upon a permit ap plication within a reasonable period of time. Prior to such action, the commissioner shall provide noti ce of the application by publication in at least one newspaper of general circulation. The commissio ner shall also provide an opportunity for a hearing to interested persons. The requirement of p ublic notice and hearing shall not apply to such devices or sources that will have, in the opinion o f 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 the decision of th e commissioner granting or denying a permit application may within 10 days of the decision file an appeal with the air resources council. The air resources council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying or abrogating the com missioner's decision. IV. As a condition of any permit required, the commissioner may require payment of a fee to cover the reasonable costs of reviewing and acting upon the application for a permit and of implementing or enforcing the terms and conditions of a permit. The applicant shall pay any cost or expense associated with public notices or notificat ions in the permit process. The commissioner shall adopt rules relative to a fee schedule for ap plicants and the collection of fees under the schedule. All fees and monetary grants, gifts, dona tions, 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 d epartment for the administration of this chapter. V. As a condition of any permit to operate unde r RSA 125-C:11, I-a, the commissioner may require payment of a fee to cover the reasonable co sts of reviewing and acting upon the application for a permit to operate, permit renewal, and permit modification of an affected source, and of implementing or enforcing the terms and conditions of an affected source permit. The applicant shall pay any cost or expense associated with publi c notices or notifications in the permit process. The commissioner shall adopt rules relative to a fe e schedule for applicants and the collection offees under the schedule. Funds collected by the com missioner under this paragraph from permit fees

shall be deposited in the air resources fund, shall be accounted for separately, and shall be used by the commissioner for the establishment and operatio n 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.



### Section 125-C:13

125-C:13 Criteria for Denial; Suspension or Revoca tion; Modification. – I. The commissioner shall deny an application f or a temporary or final permit if, on the basis of evidence available to the commissioner, the commiss ioner determines: (a) That the device or non-Title V source fo r which the permit is sought will result in a violation of any standard or rule in force under th is chapter; or (b) That the device or non-Title V source wi ll contribute disproportionately to pollution of th e air in comparison with other similar sources able t o 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 stat e or federal rules or regulations and will or is reasona bly likely to cause significant deterioration of th e existing air quality in a part of the area. II. The commissioner may suspend or revoke any temporary or final permit issued hereunder if, following a hearing, the commissioner determines: (a) That the permit holder has committed a v iolation of this chapter or any rule, order or perm it conditions in force and applicable to it; or (b) That emissions from the device or non-Ti tle V source to which the permit applies, alone or in conjunction with other sources of the same pollu tants, 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 rul e 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, rev oke, or reissue for cause any permit to operate 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, 2 28:104, eff. July 1, 1996; 278:14, eff. Aug. 9, 1996.



### Section 125-C:14

125-C:14 Rehearings and Appeals. – Administrative appeals from decisions of the commissioner made under the provisions of this chap ter 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, 2 28:104, eff. July 1, 1996.

### Section 125-C:15

125-C:15 Enforcement. –

I. Whenever the commissioner or the commissione r'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 a ny condition in a permit issued under this chapter, th e commissioner shall issue a notice of violation and, where appropriate, an order of abatement estab lishing 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 co uncil 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 endangerm ent 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 authorize d 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 he reunder, the commissioner or authorized representative shall issue a stop use order and com pliance schedule with which the gasoline dispensing facility shall comply. Any stop use orde r 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 envi ronmental 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 u se order, or order of abatement, issued pursuant to this chapter; or upon any person who makes or ce rtifies a material false statement relative to any document or information which is required to be sub mitted to the department pursuant to this chapter or any rule adopted pursuant to this chapte r. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accor dance 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 impos ed pursuant to this paragraph shall be deposited in the general fund. (a) Notice and hearing prior to the impositi on 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 b ased on the following: (1) For a minor deviation from a requirem ent causing minor potential for harm, the fine shal l be not less than $100 and not more than $1,000. (2) For a minor deviation from a requirem ent causing moderate potential for harm, the fine shall be not less than $601 and not more than $1,25 0. (3) For a minor deviation from a requirem ent causing major potential for harm, the fine shal l be not less than $851 and not more than $1,500. (4) For a moderate deviation from a requi rement causing minor potential for harm, the fine shall be not less than $601 and not more than $1,25 0. (5) For a moderate deviation from a requi rement causing moderate potential for harm, the fin e shall be not less than $851 and not more than $1,50 0.(6) For a moderate deviation from a requi rement 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 requirem ent causing minor potential for harm, the fine shal l be not less than $851 and not more than $1,500. (8) For a major deviation from a requirem ent 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 requirem ent causing major potential for harm, the fine shal l be not less than $1,501 and not more than $2,000. (c) The commissioner may assess an additiona l fine for repeat violations. II. Any violation of the provisions of this cha pter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, sh all be subject to enforcement by injunction, including mandatory injunction, issued by the super ior court upon application of the attorney general. Any such violation shall also be subject t o a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a c ontinuing violation. III. Any person who violates any of the provisi ons of this chapter, or any rule adopted or order issued under this chapter, or any condition of a pe rmit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a fel ony 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 m ore than $25,000 if found guilty of any violation pursuant to RSA 125-C:15, III. Each day of violatio n 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:16

125-C:16 Variances. – I. Upon application, and after a hearing, the c ommissioner may suspend the enforcement of the whole or any part of this chapter or of any rule ad opted hereunder in the case of any person who shall show that the enforcement thereof would produ ce serious economic hardship on such person without equal or greater benefits to the public. II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the prog ress which the person requesting such variance shall have made in eliminating or preventing air po llution; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of air pollution. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's eff ecting a partial abatement of pollution or a progressive abatement thereof or such other circums tances as the commissioner may deem reasonable. No variance shall be granted to any per son applying therefor who is causing air pollution which creates a danger to public health, welfare or safety. III. Any variance granted hereunder shall be gr anted for such period of time, not exceeding one year, as the commissioner shall specify. No varianc e shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.

Source. 1979, 359:2. 1986, 202:6, I(h). 1996, 228:104, eff . July 1, 1996.



### Section 125-C:17

125-C:17 Penalty. – [Repealed 1993, 329:14, eff. June 24, 1993.]

### 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 commissione r under the provisions of this chapter shall not be constru ed to affect in any manner the powers, duties and functions vested in the department of health and hu man services under any other provision of law.

Source. 1979, 359:2. 1983, 291:1, I. 1986, 202:6, I(h). 19 95, 310:181. 1996, 228:104, eff. July 1,

1996.



### Section 125-C:19-a

125-C:19-a Recovery of Public Utility Expenditures
. – All costs and expenses directly incurred by electric generating facilities for pollution red uctions that are a component of, or are required in connection with, any vehicle inspection and mainten ance program adopted by the state of New Hampshire and approved by the federal Environmental Protection Agency, or substitute for such program, shall be recoverable to the same extent an d subject to the same conditions as any environmental expenditure mandated by law, and shal l be recoverable through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism.

Source. 1998, 207:1, eff. June 18, 1998.



### Section 125-C:20

125-C:20 Exemption; Steam Locomotives and Engines.

– The provisions of this chapter shall not apply to any steam locomotives and engines or r eplacements thereof used in connection with the operation of a railroad or railway which were in op eration or on order prior to January 1, 1973, and are located entirely within the state; provided tha t this exemption shall not apply to any stationary steam engine.

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



### Section 125-C:21

125-C:21 Severability. – If any provision of this chapter or the applicatio n thereof to any person or circumstance is held invalid, the invalidity doe s not affect other provisions or applications of th e chapter which can be given effect without the inval id provision or application; and, to this end, the provisions of this chapter are severable.

Source. 1981, 332:9, eff. Aug. 16, 1981.