reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:11-a - Escrow Authority.

125-J:11-a Escrow Authority. –
I. The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs, DERs, and other emissions reduction mechanisms. The commissioner shall maintain and publish, on or before January 1 and July 1 of each year, a list of all escrow accounts established, the balance of tons of each account, and the amount of moneys held within each account.
II. Escrow accounts may be used to satisfy the portion of any offset requirement that exceeds a ratio of 1:1 but shall not be used to satisfy the portion of any requirement which is less than or equal to 1:1. Escrow accounts may also be used to satisfy past-due RACT requirements, but the balance, in tons, in any such escrow account shall annually decrease by at least 20 percent of the original amount through the purchase of ERCs, DERs, or other emissions reduction mechanisms. The balance of any such escrow account shall be kept in tons, and the balance of each such account shall be increased by one percent at the end of each month.
III. The establishment, maintenance, operation, and termination of such escrow accounts shall be permitted in accordance with rules adopted by the commissioner pursuant to this chapter. The commissioner shall require that, at the end of each month, money shall be held within each such escrow account equal to at least 110 percent of the current market price per ton of ERCs, DERs, or other emissions reduction mechanisms times the balance, in tons, of that escrow account. Current market prices shall be determined by the commissioner.
Source.
1996, 230:9, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:12 - Rulemaking Authority; Submission.

125-J:12 Rulemaking Authority;  Submission. –
I. Notwithstanding RSA 541-A, the commissioner shall adopt special temporary rules not subject to RSA 541-A as expeditiously as possible after July 1, 1996, except that the department shall hold a public hearing on the proposed special temporary rules and shall provide the public with notice of the hearing and an opportunity to testify and comment in writing, in accordance with the terms of the notice. The commissioner shall submit proposed rules pursuant to RSA 541-A as expeditiously as possible after the issuance of Environmental Protection Agency guidance. Such temporary and permanent rules shall include, but not be limited to, the following:
(a) The forms and information required on applications for the certification of emissions reduction credits.
(b) The methods to be used to determine that emissions reductions by all eligible sources and devices are real, surplus, quantifiable, enforceable, and permanent for the life of the credit.
(c) The allowable emissions controls for use in achieving emissions reductions, including, but not limited to, early implementation of future emissions controls and seasonal controls.
(d) The criteria for the modification, suspension, and revocation of an emissions reduction credits certificate.
(e) The data and information required for the monitoring of ERCs.
(f) Public notice and hearing procedures for the certification and revocation of emissions reduction credits.
(g) Interstate trading of emissions reduction credits.
(h) Procedures for implementing trading and banking programs for all emissions reduction credit mechanisms.
II. Any proposed special temporary rules to be adopted under paragraph I shall be submitted for review and recommendation to the air pollution advisory committee and the air resources council at least 30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA 541-A shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to filing a notice of proposed rule with the director of legislative services under RSA 541-A:6. Any proposed allocations of any emissions reduction mechanisms pursuant to RSA 125-J:4-b shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to the allocation.
Source.
1994, 397:2. 1995, 262:3. 1996, 230:10, 11. 1998, 207:3. 1999, 46:4, 5, eff. May 21, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:13 - Repealed by 2010, 59:2, II, eff. Jan. 1, 2014.

125-J:13 Repealed by 2010, 59:2, II, eff. Jan. 1, 2014. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:14 - Repealed by 2010, 59:2, III, eff. Jan. 1, 2014.

125-J:14 Repealed by 2010, 59:2, III, eff. Jan. 1, 2014. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:2 - Definitions.

125-M:2 Definitions. –
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Control efficiency" means the percentage of mercury removed by the pollution control system expressed as a percentage of the total mercury that is introduced into the pollution control system.
III. "Department" means the department of environmental services.
IV. "Design capacity" means the maximum design 24-hour charging rate of a municipal waste combustor capable of continuously burning municipal solid waste.
V. [Repealed.]
VI. "Governor" means the governor of the state of New Hampshire.
VII. "Hospital, medical and infectious waste incinerator" means any device that combusts any amount of hospital waste or medical/infectious waste.
VIII. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. Hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.
IX. "Medical/infectious waste" means "medical/infectious waste" as defined in 40 CFR 60.51c.
X. "Municipal solid waste" means solid waste generated at residences, commercial or industrial establishments, and institutions, but excluding construction and demolition debris, automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media and ash other than ash from household stoves.
XI. "Municipal waste combustor" or "combustor" means a device that combusts solid, liquid, or gaseous municipal solid waste for the primary purpose of volume reduction or disposal. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.
XII. "Solid waste" means "solid waste" as defined by RSA 149-M:4, XXII.
Source.
1999, 350:1. 2002, 172:5, eff. May 15, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:3 - Mercury Reduction and Control Program.

125-M:3 Mercury Reduction and Control Program. –
The department shall develop a mercury reduction and control program. The program shall include, but is not limited to, the following:
I. Any municipal waste combustor with a design capacity to burn 100 tons per day or more of municipal solid waste shall reduce its mercury emissions to achieve a mercury emission rate of no greater than 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis, or at least 85 percent control efficiency.
II. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit of 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis for:
(a) Municipal waste combustors with a design capacity to burn less than 100 tons per day of municipal solid waste; and
(b) Hospital, medical and infectious waste incinerators.
III. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit for coal-burning electricity generation plants.
Source.
1999, 350:1. 2002, 172:1, eff. May 15, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:4 - Rulemaking Authority.

125-M:4 Rulemaking Authority. –
The commissioner shall adopt rules, under RSA 541-A relative to:
I. Procedures and frequency for stack testing, testing protocols, measurement methods, and other such actions as may be necessary to verify compliance with this chapter.
II. Fees for implementing and enforcing the terms and conditions relating to reduction of mercury emissions of a permit issued in accordance with RSA 125-C.
Source.
1999, 350:1, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:5 - Compliance.

125-M:5 Compliance. –
No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter.
Source.
1999, 350:1. 2002, 172:2, eff. May 15, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:6 - Enforcement.

125-M:6 Enforcement. –
I. All of the enforcement provisions of RSA 125-C:15 shall apply to violations of this chapter.
II. Each day of a continuing violation shall constitute a separate violation.
Source.
1999, 350:1, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-M - Mercury Emissions Reduction and Control Program › Section 125-M:7 - Variances.

125-M:7 Variances. –
Any variance granted under this chapter shall be granted by the commissioner upon application and after a hearing, in accordance with RSA 125-C:16.
Source.
1999, 350:1, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-N - Dioxin Emissions Reduction and Control Program › Section 125-N:2 - Definitions.

125-N:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
III. "Person" means 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.
IV. "Combustible domestic waste" means combustible waste such as, but not limited to, household trash, packaging materials, plastics, coated or laminated papers, rubber, painted or treated wood, coated or treated cardboard, oily rags, and animal, vegetable, and kitchen waste. The term does not include untreated wood, leaves, brush, or paper products generated at a residence.
V. "Stationary source" means "stationary source" as defined in RSA 125-C:2, XI.
VI. "Medical waste incinerator" means any device that combusts any amount of hospital waste or medical/infectious waste, except for municipal waste combustors, cement kilns, and combustors required to have a permit under 42 U.S.C., section 6925.
VII. "Hospital waste" means waste generated at a hospital, except unused items returned to the manufacturer. Hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.
VIII. "Medical/infectious waste" means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.
Source.
2001, 285:1. 2004, 13:1, eff. June 4, 2004.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-N - Dioxin Emissions Reduction and Control Program › Section 125-N:3 - Dioxin Emissions Reduction and Control Program.

125-N:3 Dioxin Emissions Reduction and Control Program. –
I. The department shall develop a dioxin emissions reduction and control program. The program shall include, but not be limited to, the following:
(a) Studying the human health and ecological impacts of dioxin emissions and contamination.
(b) Encouraging the development of, and evaluating, technologies and pollution prevention practices, to reduce or eliminate dioxin emissions to the ambient air from stationary sources.
(c) Promoting residential, commercial, and industrial energy efficiency and conservation programs to reduce or eliminate dioxin emissions.
(d) Supporting and encouraging federal legislation to reduce dioxin emissions from motor vehicles and other mobile sources.
(e) Continuing pollution prevention efforts, including recycling and outreach and education efforts, to reduce or eliminate dioxin emissions to the ambient air from municipal waste combustors and medical waste incinerators.
(f) Conducting public education and outreach regarding the public health and environmental impacts of backyard trash burning and other sources of dioxin emissions.
(g) Researching and attempting to quantify the sources of dioxin.
II. The department shall not implement or impose dioxin emission limits for emissions resulting from stationary source combustion of virgin petroleum fuels, coal and untreated wood and wood products without further legislative authorization unless such limits are required to be implemented or imposed under federal authority enacted or promulgated after the effective date of this section.
Source.
2001, 285:1, eff. July 16, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-N - Dioxin Emissions Reduction and Control Program › Section 125-N:4 - Prohibition; Residential Open Burning of Combustible Domestic Waste.

125-N:4 Prohibition;  Residential Open Burning of Combustible Domestic Waste. –
Notwithstanding RSA 227-L:17, II, the residential open burning of combustible domestic waste is prohibited.
Source.
2001, 285:1, eff. July 16, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-N - Dioxin Emissions Reduction and Control Program › Section 125-N:5 - Education and Enforcement.

125-N:5 Education and Enforcement. –
I. The commissioner, in consultation with the commissioner of the department of natural and cultural resources, shall take reasonable measures to educate the public about the environmental impact of backyard burning and the requirements of this chapter.
II. The commissioner shall have the authority to enforce the provisions of this chapter. Any person who violates the provisions of this chapter shall be guilty of a violation and may be assessed an administrative fine for a first offense not to exceed $100 and for subsequent offenses not to exceed $250.
III. Nothing in this chapter shall limit any enforcement or penalty provisions contained in RSA 227-L.
Source.
2001, 285:1, eff. July 16, 2001. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-N - Dioxin Emissions Reduction and Control Program › Section 125-N:6 - Medical Waste Incinerators; Construction and Operation Prohibitions.

125-N:6 Medical Waste Incinerators;  Construction and Operation Prohibitions. –
I. The construction of a new medical waste incinerator, the modification of an existing medical waste incinerator which increases the amount of any air pollutant emitted by the incinerator, the conversion of a facility into a medical waste incinerator, or the reactivation of a closed medical waste incinerator is prohibited.
II. Beginning on January 1, 2014, the operation of any existing medical waste incinerator is prohibited.
Source.
2004, 13:2, eff. June 4, 2004.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:2 - Definitions.

125-O:2 Definitions. –
In this chapter:
I. "Affected sources" means existing fossil fuel burning steam electric power plant units in this state, specifically Merrimack Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington, excluding any of these units that may be repowered.
II. "Allowance" means a limited authorization to emit one ton of SO
2
, one ton of NOx, one pound of mercury, or one ton of CO
2
during a specified year.
III. "Commissioner" means the commissioner of the department of environmental services.
IV. "Department" means the department of environmental services.
V. "Discrete emission reduction" or "DER" means an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).
VI. "Ozone transport region" means the ozone transport region as established by section 184(a) of the Clean Air Act, 42 U.S.C. section 7511c.
VII. "Person" means 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.
VIII. "Renewable energy" means energy derived from hydro, geothermal, wind, solar thermal, photovoltaic, biomass, methane waste, tidal, or other source approved by the department.
IX. "Repowered unit" means an affected source that has installed qualifying repowering technology as defined by 40 C.F.R. part 72, or has replaced a unit by a new unit, provided the new replacement unit:
(a) Is on the same or contiguous property as the replaced unit, regardless of owner;
(b) Has a maximum power output rate equal to or greater than the maximum power output rate of the replaced unit; and
(c) Is designed to control, or is equipped with best available technology to control, emissions of multiple pollutants simultaneously, and in conformity with the emissions rates and reductions used to establish RSA 125-O:3.
IX-a. "Sustainable energy" means energy that supplies present energy needs without permanently depleting resources, while considering environmental impacts, and without compromising the ability of future generations to meet their own energy needs.
X. "System benefits charge funds" or "SBC funds" means revenues collected by Public Service Company of New Hampshire (PSNH) (currently at a rate of 1.8 mills ($0.0018) per retail kilowatt-hour sold as set by the general court in 2001, 29:14) to fund energy efficiency and conservation and load management programs approved by the public utilities commission.
Source.
2002, 130:2. 2009, 171:1, eff. Sept. 11, 2009.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:3 - Integrated Power Plant Strategy.

125-O:3 Integrated Power Plant Strategy. –
I. The department shall implement an integrated, multi-pollutant strategy to reduce air emissions from affected sources.
II. The integrated, multi-pollutant strategy shall be implemented in a market-based fashion that allows trading and banking of emission reductions to comply with the overall statewide annual emission caps established under RSA 125-O:3, III. Allowances, up to the amount of these caps, shall be allocated to each affected source based on the output of each affected source. The department shall make publicly available all allocations prior to the effective date of such allocations.
III. The strategy shall include implementation of the following statewide annual emissions caps:
(a) 7,289 tons annually applicable to total sulfur dioxide (SO
2
) emissions from the affected sources;
(b) 3,644 tons annually applicable to total oxides of nitrogen (NOx) emissions from the affected sources;
(c) [Repealed.]
[Paragraph III(d) repealed by 2012, 281:11, I, effective as provided by 2012, 281:17.]
(d) 5,425,866 tons annually applicable to total carbon dioxide (CO
2
) emissions from the affected sources until December 31, 2008.
Source.
2002, 130:2. 2006, 105:2, I. 2008, 182:3. 2012, 281:11, I, eff. as provided by 2012, 281:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:5 - Energy Efficiency, Renewable Energy, and Conservation and Load Management Incentive.

125-O:5 Energy Efficiency, Renewable Energy, and Conservation and Load Management Incentive. –
I. In order to encourage energy efficiency, energy conservation, renewable energy, and the reductions in local emissions which result, the integrated multi-pollutant strategy shall promote energy efficiency and conservation through conservation and load management programs.
II. Public Service Company of New Hampshire (PSNH) may utilize SBC funds equivalent to the unencumbered amount, if any, rolled over from the prior program year for energy efficiency projects at facilities owned and operated by PSNH, provided that the company made a good faith effort in the prior program year to meet the goals approved by the public utilities commission for its core energy efficiency programs, and provided that the SBC funds used by PSNH shall not exceed 2 percent of all SBC funds collected in the prior program year. PSNH may utilize these funds to implement approved core energy efficiency initiatives or measures at PSNH's facilities that are cost effective and which enhance the efficient use of energy at PSNH facilities. Any energy savings resulting from the use of these funds by PSNH at its facilities will not be included in the calculation of PSNH's energy efficiency program goals, any shareholder incentive, or any other incentive program. In any year that PSNH utilizes SBC funds, PSNH shall submit a report to the public utilities commission and the department detailing how these funds were utilized, and will make the report available to interested parties. Any party may request that the public utilities commission schedule a hearing to review these reports and the expenditure by PSNH of rolled over SBC funds at its facilities.
III. [Repealed.]
Source.
2002, 130:2. 2008, 182:10, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:5-a - Repealed by 2023, 233:6, eff. Oct. 7, 2023.

125-O:5-a Repealed by 2023, 233:6, eff. Oct. 7, 2023. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:6 - Powers and Duties of the Commissioner.

125-O:6 Powers and Duties of the Commissioner. –
The commissioner may:
[Paragraph I effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also paragraph I set out below.]
I. Develop a trading and banking program to provide appropriate compliance flexibility in meeting the emission caps established under RSA 125-O:3, III and allowance requirements of RSA 125-O:21 and RSA 125-O:22, and to encourage earlier and greater emissions reductions and the development of new emission control technologies in order to maximize the cost-effectiveness with which the environmental benefits of this chapter are achieved.
[Paragraph I effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also paragraph I set out above.]
I. Develop a trading and banking program to provide appropriate compliance flexibility in meeting the emission caps established under RSA 125-O:3, III, and to encourage earlier and greater emissions reductions and the development of new emission control technologies in order to maximize the cost-effectiveness with which the environmental benefits of this chapter are achieved.
II. Propose to the general court for legislative enactment a program to reduce emissions that impair visibility in mandatory Class I Federal Areas, including the Great Gulf Wilderness Area and the Presidential-Dry River Wilderness, if evaluation and assessment of the program established under 125-O:6, I reveals after its implementation that further reductions of emissions that impair visibility are necessary. Any program proposed under this paragraph shall be at least as stringent as that specified in the Clean Air Act, amendments thereto, and regulations promulgated thereunder.
III. Propose to the general court for legislative enactment appropriate processes to encourage pollution prevention, energy efficiency, and other methods to cost-effectively achieve emissions reductions.
Source.
2002, 130:2. 2008, 182:4. 2012, 281:12, eff. as provided by 2012, 281:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:7 - Enforcement.

125-O:7 Enforcement. –
I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, 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.
II. Any person who knowingly violates any of the provisions of this chapter, or any rule adopted under this chapter, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. The commissioner, 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 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 additional fines for repeat violations.
Source.
2002, 130:2, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:8 - Rulemaking Authority.

[RSA 125-O:8 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative;  see also RSA 125-O:8 set out above.]
125-O:8 Rulemaking Authority. –
The commissioner shall adopt rules under RSA 541-A, commencing no later than 180 days after the effective date of this section, relative to:
I. The establishment of trading and banking programs as authorized by RSA 125-O:6, I.
II. The establishment of a method for allocating allowances and other emissions reduction units or mechanisms as authorized by RSA 125-O:3, II and III.
III. Emissions and allowance monitoring, tracking, recordkeeping, reporting, and other such actions as may be necessary to verify compliance with this chapter.
125-O:8 Rulemaking Authority. –
[RSA 125-O:8 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:8 set out below.]
I. The commissioner shall adopt rules under RSA 541-A, commencing no later than 180 days after the effective date of this section, relative to:
(a) The establishment of trading and banking programs as authorized by RSA 125-O:6, I.
(b) The establishment of a method for allocating allowances and other emissions reduction units or mechanisms as authorized by RSA 125-O:3, II and III.
(c) Emissions and allowance monitoring, tracking, recordkeeping, reporting, and other such actions as may be necessary to verify compliance with this chapter.
(d) The method and requirements for auctioning budget allowances under RSA 125-O:21, which may use regional organizations.
(e) The forms and information required on applications for a temporary or operating permit required under RSA 125-O:22.
II. The public utilities commission shall adopt rules, under RSA 541-A, to administer the energy efficiency fund and auction proceeds received pursuant to RSA 125-O:23.
Source.
2002, 130:2. 2008, 182:5. 2012, 281:2. 2013, 236:1, eff. Jan. 1, 2014. 2019, 184:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:9 - Compliance Dates.

[RSA 125-O:9 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative;  see also RSA 125-O:9 set out below.]
125-O:9 Compliance Dates. –
The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, and the subdivision for CO
2
emissions, RSA 125-O:19 through RSA 125-O:28, by December 31, 2006.
[RSA 125-O:9 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative;  see also RSA 125-O:9 set out above.]
125-O:9 Compliance Dates. –
The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, by December 31, 2006.
Source.
2002, 130:2. 2006, 105:3. 2008, 182:6. 2012, 281:14, eff. as provided by 2012, 281:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:10 - Non-Severability.

[RSA 125-O:10 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative;  see also RSA 125-O:10 set out below.]
125-O:10 Non-Severability. –
No provision of RSA 125-O:1 through RSA 125-O:18 of this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy or RSA 125-O:1 through RSA 125-O:18 of this chapter, and to this end, the provisions of RSA 125-O:1 through RSA 125-O:18 of this chapter are not severable.
[RSA 125-O:10 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative;  see also RSA 125-O:10 set out above.]
125-O:10 Non-Severability. –
No provision of this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy of this chapter, and to this end, the provisions of this chapter are not severable.
Source.
2002, 130:2. 2008, 182:7. 2012, 281:15, eff. as provided by 2012, 281:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:11 - Statement of Purpose and Findings.

125-O:11 Statement of Purpose and Findings. –
The general court finds that:
I. It is in the public interest to achieve significant reductions in mercury emissions at the coal-burning electric power plants in the state as soon as possible. The requirements of this subdivision will prevent, at a minimum, 80 percent of the aggregated mercury content of the coal burned at these plants from being emitted into the air by no later than the year 2013. To accomplish this objective, the best known commercially available technology shall be installed at Merrimack Station no later than July 1, 2013.
II. The department of environmental services has determined that the best known commercially available technology is a wet flue gas desulphurization system, hereafter "scrubber technology," as it best balances the procurement, installation, operation, and plant efficiency costs with the projected reductions in mercury and other pollutants from the flue gas streams of Merrimack Units 1 and 2. Scrubber technology achieves significant emissions reduction benefits, including but not limited to, cost effective reductions in sulfur dioxide, sulfur trioxide, small particulate matter, and improved visibility (regional haze).
III. After scrubber technology is installed at Merrimack Station, and after a period of operation has reliably established a consistent level of mercury removal at or greater than 80 percent, the department will ensure through monitoring that that level of mercury removal is sustained, consistent with the proven operational capability of the system at Merrimack Station.
IV. To ensure that an ongoing and steadfast effort is made to implement practicable technological or operational solutions to achieve significant mercury reductions prior to the construction and operation of the scrubber technology at Merrimack Station, the owner of the affected coal-burning sources shall work to bring about such early reductions and shall be provided incentives to do so.
V. The installation of scrubber technology will not only reduce mercury emissions significantly but will do so without jeopardizing electric reliability and with reasonable costs to consumers.
VI. The installation of such technology is in the public interest of the citizens of New Hampshire and the customers of the affected sources.
VII. Notwithstanding the provisions of RSA 125-O:1, VI, the purchase of mercury credits or allowances to comply with the mercury reduction requirements of this subdivision or the sale of mercury credits or allowances earned under this subdivision is not in the public interest.
VIII. The mercury reduction requirements set forth in this subdivision represent a careful, thoughtful balancing of cost, benefits, and technological feasibility and therefore the requirements shall be viewed as an integrated strategy of non-severable components.
Source.
2006, 105:1, eff. June 8, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:12 - Definitions.

125-O:12 Definitions. –
In this subdivision:
I. "Affected sources" means existing coal-burning power plant units in this state, specifically Merrimack Units 1 and 2 in Bow and Schiller Units 4, 5, and 6 in Portsmouth.
II. "Baseline mercury emissions" means the total annual mercury emissions from all of the affected sources, calculated in accordance with RSA 125-O:14, II.
III. "Baseline mercury input" means the total annual mercury input found in the coal used by all of the affected sources, calculated in accordance with RSA 125-O:14, I.
IV. "Owner" means the owner or owners of the affected sources.
V. "Scrubber technology" means a wet flue gas desulphurization system.
Source.
2006, 105:1, eff. June 8, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:15 - Monitoring of Mercury Emissions.

125-O:15 Monitoring of Mercury Emissions. –
Prior to the availability and operation of continuous emissions monitoring (CEM) systems, and subsequent to the baseline emissions testing under RSA 125-O:14, II, stack tests or another methodology approved by the department shall be conducted twice per year to determine mercury emissions levels from the affected sources. Any stack tests performed shall employ a federally recognized and approved methodology, proposed by the owner and employing a test protocol approved by the department. When a federal performance specification takes effect, and a mercury CEM system capable of meeting the federal specifications becomes available, a mercury CEM system, approved by the department, shall be installed at Merrimack Units 1 and 2 and at other affected sources as deemed appropriate by the department.
Source.
2006, 105:1, eff. June 8, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:17 - Variances.

125-O:17 Variances. –
The owner may request a variance from the mercury emissions reduction requirements of this subdivision by submitting a written request to the department. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance request is based to demonstrate to the satisfaction of the department that variance from the applicable requirements is necessary.
I. Where an alternative schedule is sought, the owner shall submit a proposed schedule which demonstrates reasonable further progress and contains a date for final compliance as soon as practicable. If the department deems such a delay is reasonable under the cited circumstances, it shall grant the requested variance.
II. Where an alternative reduction requirement is sought, the owner shall submit information to substantiate an energy supply crisis, a major fuel disruption, an unanticipated or unavoidable disruption in the operations of the affected sources, or technological or economic infeasibility. The department, after consultation with the public utilities commission, shall grant or deny the requested variance. If requested by the owner, the department shall provide the owner with an opportunity for a hearing on the request.
Source.
2006, 105:1, eff. June 8, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:18 - Cost Recovery.

125-O:18 Cost Recovery. –
If the owner is a regulated utility, the owner shall be allowed to recover all prudent costs of complying with the requirements of this subdivision in a manner approved by the public utilities commission. During ownership and operation by the regulated utility, such costs shall be recovered via the utility's default service charge. In the event of divestiture of affected sources by the regulated utility, such divestiture and recovery of costs shall be governed by the provisions of RSA 369:B:3-a.
Source.
2006, 105:1, eff. June 8, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:19 - Repealed by 2012, 281:10, II, eff. Jan. 1, 2013.

125-O:19 Repealed by 2012, 281:10, II, eff. Jan. 1, 2013. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:25 - Set Aside for Voluntary Purchase of Renewable Energy Certificates.

[RSA 125-O:25 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
125-O:25 Set Aside for Voluntary Purchase of Renewable Energy Certificates. –
I. The department shall reserve from auction, for retirement purposes, a quantity of budget allowances, not to exceed one percent of the annual budget, equivalent to the CO
2
emissions reductions associated with renewable energy certificates recognized under RSA 362-F and purchased voluntarily by electricity customers and not resold.
II. Budgeted allowances reserved under paragraph I not retired at the end of each year shall be auctioned the following calendar year.
Source.
2008, 182:2, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:26 - Auction of Budget Allowances.

[RSA 125-O:26 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
125-O:26 Auction of Budget Allowances. –
Any rules adopted by the department relative to auctions, pursuant to RSA 125-O:8, I(d), shall provide that they:
I. Shall be conducted based on the schedule and frequency adopted by the department in consultation with other entities participating in the RGGI program;
II. Shall include the sale of allowances for current years and may include the sale of allowances for future years to promote transparency and price stability in a manner to be determined by the department in coordination with the regional organization;
III. Shall include auction design elements that minimize allowance price volatility, guard against bidder collusion, and mitigate the potential for market manipulation;
IV. Shall include provisions to address, and to the extent practicable minimize, the potential for allowance market price volatility during the initial control period of the RGGI program;
V. Shall include provisions to ensure the continued market availability of allowances to entities regulated under a greenhouse gas emissions allowance trading program, taking into account the outcomes of auctions and monitoring of the allowance market, which may include the adoption of a flexible process that allows for ongoing modification of auction design and procedures in response to allowance market conditions and allowance market monitoring data, provided that the process allows for public comment and input; and
VI. May be open to all qualified participants, and all qualified participants may sell or otherwise agree to transfer any or all allowances to any eligible entity.
Source.
2008, 182:2. 2013, 236:12, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:27 - Review of the New Hampshire RGGI Program.

[RSA 125-O:27 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
125-O:27 Review of the New Hampshire RGGI Program. –
At the time of each comprehensive review by the participating states, the department of energy and the department shall concurrently review New Hampshire specific elements of the RGGI program, and include the results of such review and any recommendations for revisions to the New Hampshire regional greenhouse gas initiative program under RSA 125-O:19-29, resulting from this review in the agencies' annual report under RSA 125-O:21, VI.
Source.
2008, 182:2. 2012, 281:5. 2013, 236:13, eff. Jan. 1, 2014. 2019, 184:7, eff. Sept. 8, 2019. 2022, 245:14, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:28 - Cost Recovery.

[RSA 125-O:28 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
125-O:28 Cost Recovery. –
If the owner of an affected CO
2
source is a public utility pursuant to RSA 362:2 that provides electric distribution service pursuant to RSA 374-F, the owner may recover through the utility's default service charge all prudently incurred costs of complying with the requirements of this subdivision in a manner approved by the commission. In the event PSNH sells an affected CO
2
source, any cost recovery associated with this chapter shall be governed by RSA 369-B:3-a.
Source.
2008, 182:2, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-O - Multiple Pollutant Reduction Program › Section 125-O:29 - Cost Containment Allowances in Addition to the Budget.

125-O:29 Cost Containment Allowances in Addition to the Budget. –
I. For the purposes of cost containment, the department shall make available for sale at one or more auctions up to the following amounts of allowances, that shall be in addition to the budget allowance total for the given year under RSA 125-O:21, II, if:
(a) The CO
2
allowance auction price equals or exceeds $10.51 in 2019, up to 521,869 allowances;
(b) The CO
2
allowance auction price equals or exceeds $10.77 in 2020, up to 521,869 allowances;
(c) The CO
2
allowance auction price equals or exceeds $13 in 2021, up to 396,099 allowances;
(d) The CO
2
allowance auction price equals or exceeds $13.91 in 2022, up to 384,227 allowances;
(e) The CO
2
allowance auction price equals or exceeds $14.88 in 2023, up to 372,354 allowances;
(f) The CO
2
allowance auction price equals or exceeds $15.92 in 2024, up to 360,482 allowances;
(g) The CO
2
allowance auction price equals or exceeds $17.03 in 2025, up to 348,609 allowances;
(h) The CO
2
allowance auction price equals or exceeds $18.22 in 2026, up to 336,737 allowances;
(i) The CO
2
allowance auction price equals or exceeds $19.50 in 2027, up to 324,864 allowances;
(j) The CO
2
allowance auction price equals or exceeds $20.87 in 2028, up to 312,992 allowances;
(k) The CO
2
allowance auction price equals or exceeds $22.33 in 2029, up to 301,119 allowances;
(l) The CO
2
allowance auction price equals or exceeds $23.89 in 2030, up to 289,247 allowances; or
(m) In any year thereafter, the CO2 allowance auction price equals or exceeds 1.07 multiplied by the auction price at which cost containment allowances were required to be made available in the previous calendar year rounded to the nearest whole cent, until further legislative action.
II. The allowances sold pursuant to paragraph I shall be replenished, such that the full 521,869 allowances, if needed, are available the following calendar year.
Source.
2013, 236:14, eff. Jan. 1, 2014. 2019, 184:8, eff. Sept. 8, 2019.