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 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). 

 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. ""Material modification,'' a modification the result of which is an increase in the amount or 

the number of pollutants emitted into the atmosphere. 

 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. 

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 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. 

 (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. 

 (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. 
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 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 material 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. 

Section 125-C:6-a 

 125-C:6-a Enhanced Environmental Performance Agreements. – 

 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 environmental performance agreements 

(EEPAs) with persons regulated under this chapter to 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 overall level of pollution emitted directly or 

indirectly to the air, water, and land. 

 II. After notice and opportunity for public comment 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 implement innovative environmental 

measures that relate to provisions of these chapters, even if one or more of the terms of such an 

agreement would be inconsistent with an otherwise applicable statute or rule of this state. 

Participation in this program is limited to those persons who have submitted an enhanced 

environmental performance agreement that is acceptable to the commissioner. A decision by the 
commissioner to not enter into an agreement with any person is not appealable. 

 III. An enhanced environmental performance agreement shall operate in lieu of existing permits 

identified in the agreement. Any environmental statute, 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 agreement is terminated or expires. 

 IV. Persons applying to the commissioner for enhanced 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 be affected, how such operations will be altered to 

achieve superior emissions reductions, and the extent of emissions reduction anticipated. 

 (b) Include in EEPA proposals the following, without limitation: 

 (1) Identification of all state and federal statutes, rules and regulations applicable to the 

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 proposed agreement will achieve the purposes of this 

section. 

 (4) A statement describing the implementation 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 the general public, representatives of local 

communities, environmental groups, and other appropriate parties who have participated in the 

development of the proposed agreement or who have an interest in the agreement. 

 (6) Identification of how the applicant will demonstrate ongoing satisfaction of the 

requirements of the agreement, including but not limited to, mechanisms for performance assurance 

and the type of performance guarantees to be provided, which guarantees shall be directly related to 

the complexity of, and risk associated with, the proposal. 

 (7) A description of and plan for public participation in the EEPA. 

 (8) A schedule for review by the commissioner of the performance of the proposed EEPA. 

 (9) Provisions for voluntary and involuntary termination of the agreement. 

 V. Without limiting the commissioner's authority 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 agreements. 

 VI. In the event of deficient performance of any term or condition in the agreement, the 

commissioner may, with written notice, terminate any 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 terminated, the participant shall have 30 days to 

apply for any necessary permits concerning operations that were in effect during the course of the 

agreement. 

 VII. Nothing in this section shall limit the authority or the ability of the attorney general to 

initiate enforcement action against a person for violation of any laws of this state or rules adopted 

under such laws, except that an enhanced environmental performance agreement shall be deemed to 

be a permit to engage in activities authorized under the agreement. 

 VIII. Nothing in this section shall reduce, eliminate, 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 performance 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 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. 

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:10-b 

 125-C:10-b Best Available Control Technology Required. – 

 I. For the purposes of this section: 

 (a) ""Best available control technology'' means an emission limitation based on the maximum 

degree of reduction for each air contaminant that would be emitted from any device that the 

department, on a case-by-case basis, taking into account energy, environmental, public health, and 

economic impacts and other costs, determines is achievable for such device through application of 

production processes or available equipment, methods, 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 construction, installation, operation, or material 

modification of any device located at an affected source 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 from such device. Any material to be combusted in 

such device that is not an exempt fuel shall be certified as complying with standards established by 

the department. As part of the application for a permit, 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 requirements 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 Solid Waste, Physical/Chemical Methods, and 

applicable American Society for Testing and Materials sampling methods or alternate sampling and 

testing methods approved by the department. 

 III. If stack testing results show that emissions from a device are less than but within 10 percent 

of the emission limitation for a specific air contaminant established under paragraph II for the 

device, the affected source shall install a department 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 monitoring 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 becomes 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 emission limitation for one or more air contaminants 
under paragraph II for a device based on best available control technology, no further best available 

control technology determination for the emission of such air contaminant or air contaminants from 

such device shall be required for such period of time 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 available 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 specified 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 device emits more than one of the air contaminants 

specified in paragraph II, or that the affected source has more than one device that emits such air 

contaminants, the department shall determine best available control technology emission limitations 

for all such devices and all such air contaminants emitted. 

 VI. If, prior to the effective date of this section, the department made under other authority a best 

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 device 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 subject 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 combusts material of which at least 90 percent by weight 

is exempt fuel; 

 (d) An affected source that is within a listed 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 section 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 combusts 

any material other than a material specified in subparagraph (c) under a permit issued by the 

department, unless there is later a material modification of such device; or 

 (f) A device at an affected source with emissions 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; see also 125-C:10-c set out below.] 

 125-C:10-c Combustion Ban. – 

 Notwithstanding any provision of law to the contrary, 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 shall not apply to the incidental combustion of such 
materials by any municipal waste combustor, as defined in RSA 125-M:2, XI, which was subject to 

regulation by this chapter or RSA 149-M and which was in operation on January 1, 2006, or by any 

municipal incinerator that is permitted by the department and was in operation on January 1, 2006. 

This section shall not apply to the incidental combustion, under the supervision of a solid waste 

facility operator, of untreated wood at any municipal 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 also RSA 125-C:10-c set out above.] 

 125-C:10-c Combustion Ban. – 

 Notwithstanding any provision of law to the contrary, 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 shall not apply to the incidental combustion of such 

materials by any municipal waste combustor, as defined in RSA 125-M:2, XI, which was subject to 

regulation by this chapter or RSA 149-M and which was in operation on January 1, 2006, or by any 

municipal incinerator that is permitted by the department 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, or 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 temporary permit or final 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 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 conditions, shall be required prior to commencement 

of construction or installation of any new or modified device or non-Title V source, and shall be in 

effect until a final 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. A final permit, which may contain conditions, shall be issued with respect to a device or nonTitle 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.] 

 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 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. Prior to commencement of construction or modification, the applicant 

shall submit the required information to the commissioner. 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. 

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. 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 the decision of the 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 commissioner'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 notifications in the permit process. 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. As a condition of any permit to operate under RSA 125-C:11, I-a, the commissioner may 

require payment of a fee to cover the reasonable costs 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 public notices or notifications in the permit process. 

The commissioner shall adopt rules relative to a fee schedule for applicants and the collection of 
fees under the schedule. Funds collected by the commissioner 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 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. 

Section 125-C:13 

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

 I. The commissioner shall deny an application for a temporary or final permit 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 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 

 (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 temporary or final permit issued hereunder if, 

following a hearing, the commissioner determines: 

 (a) That the permit holder 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 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, 228:104, 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 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, 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 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:16 

 125-C:16 Variances. – 

 I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the 

whole or any part of this chapter or of any rule adopted hereunder in the case of any person who 

shall show that the enforcement thereof would produce 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 progress which the person requesting such variance 

shall have made in eliminating or preventing air pollution; 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 effecting a partial abatement of pollution or a 

progressive abatement thereof or such other circumstances as the commissioner may deem 

reasonable. No variance shall be granted to any person applying therefor who is causing air 

pollution which creates a danger to public health, welfare or safety. 

 III. Any variance granted hereunder shall be granted for such period of time, not exceeding one 

year, as the commissioner shall specify. No variance 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 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:19-a 

 125-C:19-a Recovery of Public Utility Expenditures. – All costs and expenses directly incurred 

by electric generating facilities for pollution reductions that are a component of, or are required in

connection with, any vehicle inspection and maintenance 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 and subject to the same conditions as any 

environmental expenditure mandated by law, and shall 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 replacements thereof used in connection with the 

operation of a railroad or railway which were in operation or on order prior to January 1, 1973, and 

are located entirely within the state; provided that 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 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.