reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:13 - Records.

125-F:13 Records. –
I. The program shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of radiation to maintain records relative to its receipt, storage, transfer, or disposal, and such other records as the program may require subject to exemptions as provided by rules.
II. The program shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the program. Copies of these records and those required by paragraph I shall be submitted to the program on request. Any person possessing or using a source of ionizing radiation shall furnish to each employee for whom personnel monitoring is required, a copy of such employee's personnel exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:14 - Federal-State Agreements.

125-F:14 Federal-State Agreements. –
I. The governor and council, on behalf of this state, are authorized to enter into agreements with the United States Nuclear Regulatory Commission or any successor thereto, pursuant to section 274(b) of the Atomic Energy Act of 1954, as amended, providing for discontinuance of certain of the commission's licensing and related regulatory authority with respect to byproduct, source, and special nuclear materials and the assumption of regulatory authority by this state.
II. Any person who, on the effective date of an agreement under paragraph I, possesses a license issued by the United States Nuclear Regulatory Commission or any successor thereto for radioactive material subject to the agreement, shall be deemed to possess a like license issued under this chapter, which shall expire either 90 days after receipt from the program of a notice of expiration of such license, or on the date of expiration specified in the Nuclear Regulatory Commission license, whichever is earlier.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:15 - Inspection Agreements and Training Programs.

125-F:15 Inspection Agreements and Training Programs. –
In addition to any other contract authority, the department, through its program, is authorized to enter into an agreement or agreements with the federal government pursuant to section 274(i) of the Atomic Energy Act of 1954, as amended, other states, or interstate agencies relative to inspections or other functions relative to control of sources of radiation. The program may institute training programs for the purpose of qualifying the provisions of this chapter and may make such personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:16 - Conflicting Laws.

125-F:16 Conflicting Laws. –
This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary to them, except to the extent that they are in direct conflict, in which case this chapter shall be controlling. Nothing in this chapter or in any rules adopted under it shall preclude the right of any governing body of a municipality to adopt ordinances, regulations, or rules not inconsistent with this chapter.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:17 - Administrative Procedure.

125-F:17 Administrative Procedure. –
Procedures for action by the department through its program on license applications, action against licensees, and availability of adjudication proceedings shall be in accordance with RSA 541-A.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:18 - Injunctive Relief.

125-F:18 Injunctive Relief. –
A civil action may be instituted in superior court on behalf of the department for injunctive relief to prevent the violation of the provisions of this chapter or rules adopted hereunder. The court may proceed in the action in a summary manner or otherwise and may restrain in all such cases any person in violation of any provisions of this chapter or its rules.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:19 - Prohibited Uses.

125-F:19 Prohibited Uses. –
It shall be unlawful for any person to use, manufacture, or produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own or possess any source of radiation unless licensed by or registered with the department in conformance with rules, if any, adopted in accordance with this chapter.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:20 - Exceptions.

125-F:20 Exceptions. –
Nothing in this chapter shall be interpreted as limiting reasonable intentional exposure of patients to radiation by members of any legally recognized healing profession as authorized by law.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:21 - Criminal Penalties.

125-F:21 Criminal Penalties. –
Any person who violates any of the provisions of this chapter or rule adopted pursuant to this chapter or who violates any order of the program issued under the authority of this chapter, except as provided in RSA 125-F:9, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. In addition to these penalties such person shall be enjoined from continuing such violation. Each day any person neglects or refuses to comply with such order shall constitute a separate offense.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:22 - Civil Penalties.

125-F:22 Civil Penalties. –
I. Any person who violates any license or registration provision of this chapter or any rule or order issued thereunder, or any term, condition, or limitation of any license or registration certificate issued thereunder, or commits any violation for which a license or registration certificate may be revoked under rules adopted pursuant to this chapter, may be subject to a civil penalty, to be imposed by the department. The department, through its program, shall adopt by rule a schedule of civil penalties graduated by degree of severity of the violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The department shall have the power to compromise, mitigate, or remit such penalties.
II. Whenever the department through its program proposes to subject a person to the imposition of a civil penalty under the provisions of this section it shall notify such person in writing:
(a) Setting forth the date, facts, and nature of each act or omission for which the person is charged;
(b) Specifically identifying the particular provision or provisions of the law, rule, order, license, or registration certificate involved in the violation; and
(c) Advising the person of each penalty which the department imposes and its amount.
III. The written notice shall be sent by registered or certified mail by the program to the last known address of such person. The person so notified shall be granted an opportunity to show in writing within such reasonable period as the program by rule may prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action.
IV. Upon request of the department of health and human services, the department of justice is authorized to institute civil action to collect a penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the attorney general for collection. All civil penalties collected under this section shall be forwarded to the state treasurer. The state treasurer shall deposit all moneys received under this section, and interest received on such money, to the public health services special fund,, established in RSA 143:11, from which the department of health and human services shall pay expenses incident to the administration of this chapter.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995. 2021, 122:7, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:23 - Existing Remedies Unimpaired.

125-F:23 Existing Remedies Unimpaired. –
No existing civil or criminal remedy for any wrongful action which is a violation of the rules adopted hereunder shall be excluded or impaired by this chapter.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:24 - Protection of Powers.

125-F:24 Protection of Powers. –
The powers and functions vested in the department of health and human services, under the provisions of this chapter, shall not be construed to affect, in any manner, powers, duties and functions vested in the department of health and human services under any other provisions of law.
Source.
1986, 169:1. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:25 - Severability of Provisions.

125-F:25 Severability of Provisions. –
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 provisions or application, and to this end the provisions of this chapter are severable.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:1 - Findings, Intent.

125-H:1 Findings, Intent. –
The general court finds that protection of the public health and welfare demands a state-wide capacity to assess the nature of and risks to both humans and ecosystems associated with exposure to a variety of environmental contaminants. Recognizing that health risk assessment entails responding to situations where scientific data and exposure standards are often incomplete at best, the general court finds that the success of such a program requires flexible access to medical, scientific, and engineering expertise in all agencies of state government. The general court enacts this chapter in order to provide a mechanism for health risk assessment. The general court intends that the department of health and human services, which has primary state responsibility for protecting the public health, shall be the lead agency for health risk assessment. It further intends that other state agencies shall cooperate fully in making personnel with training experience in the disciplines necessary to accomplish such assessments available to the department of health and human services on a reasonable basis. In establishing this function, the general court intends to provide regulatory decision-makers who shall analyze, assess, and manage public and environmental health risks with the most timely and accurate information and analysis available.
Source.
1986, 202:13. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:2 - Definitions.

125-H:2 Definitions. –
In this chapter:
I. "Acute health effect" means an adverse health outcome or disease which manifests itself upon or shortly after exposure to an environmental hazard.
II. "Adverse health outcome" means any condition which results in human morbidity, mortality, impaired reproductive function, toxicity, teratogenic, carcinogenic, or mutagenic effects.
III. "Chronic health effect" means an adverse health outcome or disease which manifests itself over a long incubation or latency period. Chronic health effects can result from either a limited high-level or long-term, low-level exposure to an environmental hazard.
IV. "Commissioner" means the commissioner of the department of health and human services.
V. "Department" means the department of health and human services.
VI. "Dose-response assessment" means the determination of the relation between the magnitude of exposure to environmental hazards and the probability of occurrence of adverse health effects.
VII. "Environmental hazard" means any biological, chemical, or physical agent present in the environment which has the potential of causing disease or adverse health outcome.
VIII. "Environmental health risk assessment" means the use of scientific and medical data to define potential health effects of exposure of individuals or populations to environmental hazards.
IX. "Exposure assessment" means the determination of the extent of human exposure to an environmental hazard.
X. "Hazard identification" means the scientific process of collecting and validating data to determine if biological, chemical or physical agents, man-made or naturally occurring, can be causally linked to particular chronic or acute health effects.
XI. "Imminent health hazard" means the immediate threat to the population of an adverse health outcome posed by an environmental hazard.
XII. "Risk characterization" means the description of the nature and, when possible, the magnitude of human risk from an environmental hazard, including its attendant uncertainty.
XIII. "Risk management" means the use of the results of environmental health risk assessments or other information in order to develop and evaluate regulatory options, within a statutory framework, to reduce the risk of harm to human health and ecosystems to the greatest possible degree.
Source.
1986, 202:13. 1995, 310:75, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:3 - Health Risk Assessment Bureau; Duties.

125-H:3 Health Risk Assessment Bureau;  Duties. –
I. There is established within the department of health and human services a health risk assessment bureau under the direction of a classified administrator of health risk assessments. The bureau shall be responsible for administering the health risk assessment program.
II. The bureau shall provide completed health risk assessments to other state agencies for use in risk management activities. This includes human health risk assessment of known or suspected environmental hazards and on pending regulatory actions regarding environmental protection being considered by other state agencies. The health risk assessment shall consist of some or all of the following information: hazard identification, dose-response assessment, exposure assessment, and risk characterization.
III. The commissioner shall have the authority to establish and dissolve risk assessment teams as necessary, based upon the need for assessment of particular situations.
IV. The commissioner shall have responsibility for developing proposed environmental quality standards, criteria and guidelines to protect human health. These shall be presented to the commissioner of environmental services for consideration by him for inclusion in rules adopted by the commissioner of environmental services.
IV-a. The commissioner shall have responsibility for developing guidelines for risk assessments.
V. The commissioner shall have the authority to apply for and accept federal funds or other assistance available for the conduct of environmental health risk assessment activities or to carry out this chapter.
Source.
1986, 202:13. 1990, 261:7. 1995, 310:181, 183. 1996, 241:9, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:4 - Imminent Health Hazard.

125-H:4 Imminent Health Hazard. –
The commissioner shall have the responsibility, upon the receipt and validation of information of an imminent health hazard, to inform the commissioner of environmental services who shall inform the governor of such threat and request that the state agencies responsible by statute take necessary and immediate action to abate the environmental hazard. The commissioner shall provide recommendations and advice as necessary, and shall determine when the imminent hazard has been abated.
Source.
1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:5 - Interagency Cooperation.

125-H:5 Interagency Cooperation. –
I. In order to carry out health risk assessment, the commissioner is authorized to request and receive, on a reasonable basis, the assistance of personnel in any agency of state government with training or experience in any of the following fields:
(a) Medicine.
(b) Toxicology.
(c) Epidemiology.
(d) Environmental epidemiology.
(e) Environmental health.
(f) Industrial hygiene.
(g) Occupational health nursing.
(h) Ecology.
(i) Environmental sanitation.
(j) Engineering.
(k) Radiological health.
(l) Biological sciences, including wildlife biology.
(m) Any other necessary discipline.
II. In order to assure cooperation among agencies in the health risk assessment process, the commissioner shall initiate the preparation of written memoranda of understanding with the executive head of any other agency of state government employing personnel needed for carrying out environmental health risk assessments. The memoranda shall include, at a minimum, the following:
(a) A procedure for identifying and agreeing upon the personnel, facilities, and equipment available for environmental health risk assessments.
(b) The contents and timing of a request for assistance.
III. The commissioner shall initiate the process of preparing memoranda of understanding with a written, dated request to undertake the process to the executive head of the agency concerned. If agreement between the commissioner and the concerned agency head is not reached within 90 days, the commissioner shall send written notification of the impasse to the governor. The governor shall cause a memorandum of understanding to be prepared and put into effect within 60 days of receiving the notification from the commissioner.
IV. If a dispute arises regarding the implementation of any memorandum of understanding under this section, the commissioner shall notify the governor with a written, dated document of the dispute. The governor shall resolve the dispute within 5 working days of receiving notification from the commissioner.
Source.
1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:6 - Reports.

125-H:6 Reports. –
I. The commissioner shall prepare written reports detailing the results of any environmental health risk assessment undertaken pursuant to this chapter.
II. The commissioner shall make these reports available to those state or local officials responsible for risk management decisions and activities.
Source.
1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-H - Health Risk Assessments › Section 125-H:7 - Environmental Risk Analysis.

125-H:7 Environmental Risk Analysis. –
Any environmental hazard assigned to the risk analysis and management unit in the office of the commissioner of environmental services shall be the direct responsibility of the assistant commissioner, who shall have the same duties and responsibilities relative to environmental hazards as the commissioner of the department of health and human services has relative to human health risks under this chapter. The assistant commissioner of environmental services and the commissioner of the department of health and human services shall consult regularly and shall work together to assure that the risk analysis and management unit and the health risk assessment bureau operate in a mutually efficient and cooperative fashion.
Source.
1986, 202:13. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:1 - Purpose.

125-I:1 Purpose. –
It is declared to be the public policy of the state of New Hampshire and the purpose of this chapter to promote the public health of the state by reducing human exposure to toxic chemicals by regulating releases of toxic chemicals into the ambient air.
Source.
1987, 314:1. 1996, 279:1, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:3 - Toxic Air Pollutant Control; Exemptions.

125-I:3 Toxic Air Pollutant Control;  Exemptions. –
I. The department shall establish a statewide permit system for stationary sources which release regulated toxic air pollutants into the ambient air.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the prevention, control, abatement, and limitation of regulated toxic air pollutant emissions.
III. The following shall be exempt from the provisions of this chapter:
(a) Normal agricultural operations and the application of pesticides regulated pursuant to RSA 430:28 through RSA 430:48.
(b) Emissions of regulated toxic air pollutants resulting from mobile sources and the combustion of virgin petroleum products at stationary sources.
(c) Pursuant to rules adopted under RSA 541-A by the commissioner, those air contaminants and categories of stationary sources whose emissions of regulated toxic air pollutants are adequately regulated under other provisions of state or federal law or, based on available information, pose little risk to human health.
Source.
1987, 314:1. 1996, 228:104, 106, eff. July 1, 1996; 279:3, eff. July 1, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:3-a - Administrative Fines.

125-I:3-a Administrative Fines. –
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 $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order 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 section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this section shall be deposited in the general fund.
I. 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.
II. The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).
III. The commissioner may assess an additional fine for repeat violations.
Source.
1996, 247:13, eff. Jan. 1, 1997. 2019, 263:3, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:6 - Rulemaking.

125-I:6 Rulemaking. –
I. The commissioner shall adopt interim rules as expeditiously as possible but no later than August 31, 1996, relative to:
(a) Procedures and criteria for classifying regulated toxic air pollutants as Class I, II and III-regulated toxic air pollutants.
(b) Procedures and criteria for determining ambient air limits.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than December 31, 1996, relative to:
(a) Procedures and criteria for classifying regulated toxic air pollutants as Class I, II and III-regulated toxic air pollutants.
(b) Procedures and criteria for determining ambient air limits.
(c) Establishment of a list of regulated toxic air pollutants including the classification under RSA 125-I:4, II and short-term and long-term ambient air limits for each regulated toxic air pollutant listed.
(d) Establishment of methodologies for determining by testing, calculation, or other methods without complete air dispersion modeling whether an existing or proposed emission of a regulated toxic air pollutant will exceed the applicable ambient air limit at the source's compliance boundary.
(e) Identification of the air contaminants and categories of stationary sources that are exempt from the provisions of this chapter.
III. The commissioner shall adopt rules pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than June 30, 1997, relative to:
(a) Procedures and criteria for determining compliance with ambient air limits established pursuant to this chapter.
(b) Procedures for petitioning the department to revise the list of regulated toxic air pollutants in accordance with the provisions of RSA 125-I:4, V.
(c) Procedures and criteria for establishing an alternate compliance boundary for a stationary source.
IV. Rules adopted by the commissioner relative to the air toxic control program in effect on July 1, 1996, shall remain in effect until the rules expire, or are amended or repealed.
Source.
1996, 279:4, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:7 - Inspection.

125-I:7 Inspection. –
I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter, or any condition of a permit issued under RSA 125-C relative to the emission of a regulated toxic air pollutant and any other air contaminant, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:
(a) Enter any stationary source.
(b) Inspect and photograph the device or source which produces or controls emissions of regulated toxic air pollutants and other air contaminants, and obtain samples of materials processed in and generated from the devices and sources at the facility.
(c) Inspect and copy records, information or test results relating to air pollution, air contaminants and devices or sources which produce or control emissions of regulated toxic air pollutants and other air contaminants.
II. For the purpose of determining the type and quantity of regulated toxic air pollutants and other air contaminants being emitted from any stationary source, the commissioner may require the stationary source to maintain and submit production data, material usage records, equipment manufacturer's specifications, material safety data sheets and such other similar records, data and information.
III. Any records, data, or information obtained by or submitted to the department or any other agency of the state under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality afforded by the department.
Source.
1996, 279:4, eff. July 1, 1996; 279:9, eff. July 1, 1996 at 12:02 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-I - Air Toxic Control Act › Section 125-I:8 - Enforcement.

125-I:8 Enforcement. –
I. Whenever the commissioner or the commissioner's authorized representative finds that any device or 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 or 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 council before the expiration of the 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 of such order. The council's decision shall become final 10 days after it is issued. Appeals from decisions of the air resources council shall be made in accordance with the provisions of RSA 541. Upon a finding by the commissioner, in consultation with the department of health and human services, that there is an imminent and substantial endangerment to the public health or welfare, the commissioner shall issue an order of abatement requiring immediate compliance. The 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 the order.
II. Any violation of the provision of this chapter, or of any rules or orders 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 penalty of not more than $25,000 per 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-I:8, III. Each day of violation shall constitute a separate offense.
Source.
1996, 279:4, eff. July 1, 1996; 279:10, eff. July 1, 1996 at 12:02 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:2-a - Trading and Bank Programs.

125-J:2-a Trading and Bank Programs. –
The department may establish trading and bank programs regarding discrete emissions reductions, NOx budget allowances, or other emissions reduction credit mechanisms to facilitate compliance with the requirements of the Clean Air Act.
Source.
1996, 230:6, eff. July 1, 1996; 230:12, eff. July 1, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:3 - Nature of Emissions Reduction Credits.

125-J:3 Nature of Emissions Reduction Credits. –
I. An emissions reduction credit certified by the department and issued to a device or source under this chapter is a limited authorization to hold and transfer such credits. Emissions reduction credits do not constitute a property right. Nothing in this chapter shall be construed as modifying the requirements of the Clean Air Act or RSA 125-C, as amended.
II. Emissions reduction credits, once certified and issued by the department, may be received, held, temporarily and permanently transferred and used in accordance with the provisions of this chapter and the Clean Air Act.
Source.
1994, 397:2, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:3-a - Escrow Authority.

125-J:3-a Escrow Authority. –
The commissioner may accept payments to be held in an escrow account to be used for the purchase of emissions reduction credits, discrete emissions reduction credits, NOx budget allowances, and other emissions reduction credit mechanisms, until such time as credits, allowances or other mechanisms are available for trading or banking in a trading or banking program.
Source.
1996, 230:7, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:4-a - Registration of Emissions Reduction Mechanisms.

125-J:4-a Registration of Emissions Reduction Mechanisms. –
The department may also establish and administer a process for the registration, revocation, and enforcement of discrete emissions reductions, NOx budget allowances, and all other emissions reduction mechanisms for any air pollutants in accordance with the Clean Air Act. The use of DERs, NOx budget allowances and other emissions reduction mechanisms shall be permitted as approved by EPA and in accordance with rules adopted by the commissioner pursuant to this chapter.
Source.
1996, 230:8, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:4-b - Allocation of Emissions Reduction Mechanisms.

125-J:4-b Allocation of Emissions Reduction Mechanisms. –
The department may also establish and administer a process for the allocation of NOx budget allowances, emissions reduction credits, discrete emission reductions, and other emissions reduction mechanisms which it is assigned by the federal government or interstate agreements or which it acquires in any other manner, except for shutdown of devices and sources. The department may allocate emissions reduction mechanisms without receiving payment in return.
Source.
1999, 46:2, eff. May 21, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:6 - Trading of Emission Reduction Credits.

125-J:6 Trading of Emission Reduction Credits. –
I. ERCs generated by devices and sources subject to RACT which are transferred to devices and sources subject to RACT shall be transferred in the ratio of 1:1.
II. ERCs generated by devices, area sources, mobile sources, and sources not subject to RACT which are transferred for use by devices and sources in satisfying any RACT requirement under the Clean Air Act and RSA 125-C shall be transferred in accordance with the offset ratios for nonattainment areas as provided in the Clean Air Act.
III. ERCs certified for reductions of either nitrogen oxides (NOx) or volatile organic compounds (VOCs) under RSA 125-J:4, I, shall be eligible to satisfy any applicable offset requirements for the other upon a determination that such proposed substitution does not jeopardize any attainment demonstration and does not violate any applicable requirement of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS), and upon the approval of EPA. Substitution of NOx and VOCs reductions shall be in a ratio approved by the department and EPA.
IV. The ratios provided in paragraphs I, II, and III are established solely for the purpose of transferring ERCs between devices and sources and do not modify, amend or supercede any offset requirements of the Clean Air Act.
V. Interstate trading of ERCs shall be permitted as approved by EPA and in accordance with rules adopted pursuant to this chapter.
Source.
1994, 397:2. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:7 - Inspection and Monitoring.

125-J:7 Inspection and Monitoring. –
I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:
(a) Enter any facility containing a device or source of air pollution;
(b) Inspect and photograph devices and sources which produce or control air pollution and air contaminates, and obtain samples of materials processed in, and generated from, the devices and sources in the facility; and
(c) Inspect and copy records, information or test results relating to air pollution, air contaminates, devices and sources which produce or control air pollution and air contaminates, emissions reductions implemented or to be implemented at a device or source, and emissions reductions credits which have been applied for by a device or source, or issued by the department.
II. The commissioner may require persons certifying and using ERCs to collect, maintain, and submit data necessary to ensure that ERCs are and remain in compliance with all requirements of this chapter and the Clean Air Act, and with the conditions of the emissions reduction credits certificates issued hereunder.
III. Information obtained by or submitted to the department under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the EPA, provided that the EPA guarantees the same degree of confidentiality afforded by the department.
Source.
1994, 397:2. 1996, 228:23, 104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:8 - Enforcement.

125-J:8 Enforcement. –
I. Whenever the commissioner finds that a person who has been issued an ERC has violated the provisions of this chapter, any rules in force hereunder, or any condition of an emissions reduction credits certificate issued hereunder, including such conditions incorporated into permits issued by the department or EPA, the commissioner shall issue a notice of violation and an order of abatement establishing a compliance schedule with which the device, area source, mobile source, and source shall comply. Such 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 or abatement or any part thereof. The council's decision shall become final 10 days after it is issued.
I-a. 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 in accordance with RSA 125-C:15, I-b(b).
(c) The commissioner may assess an additional fine for repeat violations.
II. Any violation of this chapter, any rule adopted or final orders issued under this chapter, and any emissions reduction credits certificates issued under this chapter shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general.
Source.
1994, 397:2. 1996, 228:104, 106; 247:14, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:9 - Penalties.

125-J:9 Penalties. –
I. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, and any person who omits material information or makes any false statement or representation in connection with the certification of emission reduction credits shall be subject to a civil penalty not to exceed $25,000 for each violation and each day of a continuing violation.
II. Any person who knowingly or willfully violates any of the provisions of this chapter or any rule adopted or order issued under this chapter, and any person who knowingly or willfully omits material information or makes any false statement or representation in connection with the certification of emissions reduction credits shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. Any person found guilty of any violation pursuant to RSA 125-J:8, II, notwithstanding RSA 651:2, and in addition to any sentence of imprisonment, probation, or conditional discharge, may be fined not more than $25,000 for each violation and each day of a continuing violation.
Source.
1994, 397:2, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:10 - Liability of Purchasers of Emission Reduction Credits Limited.

125-J:10 Liability of Purchasers of Emission Reduction Credits Limited. –
I. Notwithstanding RSA 125-J:4, VII, an emissions reduction credits certificate issued pursuant to this chapter shall not be suspended, revoked, or modified during the term of the certificate for a person who has purchased or has accepted such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased or accepted without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emissions limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.
II. There shall be no liability under RSA 125-J:8 and RSA 125-J:9 for a violation of an emissions reduction credits certificate or for a violation of a condition of a permit relating to the use of emissions reduction credits during the term of the certificate or permit for a person who has purchased or accepted a transfer of such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emission limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.
Source.
1994, 397:2. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-J - Emissions Reduction Trading Programs › Section 125-J:11 - Advisory Committee.

125-J:11 Advisory Committee. –
I. There is established the air pollution advisory committee composed of the following members:
(a) Two representatives, appointed by the speaker of the house of representatives, of whom at least one shall be a member of the house science, technology, and energy committee. One representative shall be a member of a minority party.
(b) Two senators, appointed by the senate president.
(c) The governor, or designee.
I-a. The following additional members, whose terms shall be coterminous with their terms of office, shall be non-voting members of the committee and shall supply the committee with any information that it requests concerning matters subject to its purview:
(a) The commissioner of safety, or designee.
(b) The commissioner of environmental services, or designee.
II. The committee shall elect a chairperson and vice-chairperson, and meetings shall be at the call of the chair or a majority of committee members. The terms of the members shall be coterminous with their terms of office.
III. The committee shall perform an ongoing evaluation of the effectiveness of the following subjects and report its findings and recommendations to the governor and council, the speaker of the house, the senate president, the senate clerk, the house clerk, the state library, the house environment and agriculture, the science, technology and energy, and the commerce, small business, consumer affairs and economic development committees and the senate environment and economic development committees by October 1 of each year:
(a) The effectiveness of vehicle emission related portions of the motor vehicle safety inspection.
(b) The effectiveness of the emission reductions credits trading program.
IV. The committee shall also review and make recommendations to the commissioner on any proposed rule to be adopted under this chapter.
Source.
1994, 397:2. 1995, 9:15, 16. 1998, 207:2, eff. June 18, 1998. 2020, 37:24, eff. July 29, 2020.