AIR POLLUTION CONTROL

RSA tit. X, ch. 125-C

in effect

RSA 125-C:1 Declaration of Policy and Purpose.

125-C:1. Declaration of Policy and Purpose. It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources, foster the comfort and convenience of the people, promote the economic and social development of this state and to facilitate the enjoyment of the natural attractions of the state. Source. 1979, 359:2, eff. July 1, 1979.

RSA 125-C:2 Definitions.

125-C:2. Definitions. Terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context: I. [Omitted.] I-a. "Affected source," any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended. II. "Air contaminant," soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof. III. "Air pollution," the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property. III-a. "Biomass" means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in RSA 149-M:4, IV-a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to rehabilitate a contaminated or brownfields site through a process known as "phytoremediation." IV. "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401, and amendments thereto amending 42 U.S.C. 1857 et seq. V. [Omitted.] V-a. "Commissioner," the commissioner of the department of environmental services. V-b. "Department," the department of environmental services. V-c. "Consumer products," any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of air contaminants. VI. "Device which contributes to air pollution," any burner, furnace, machine, equipment or article which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air. VI-a. "Dioxin" means a group of chemical compounds that share certain similar chemical structures and mode-of-action biological characteristics, including a total of 17 dioxin-like compounds that are members of 2 closely related families: chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs). VII. [Repealed.] VII-a. "Eligible biomass fuel" means fuel sources including biomass or neat biodiesel, as defined in RSA 362-A:1-a, I-b, and other neat liquid fuels that are derived from biomass. VIII. "Emission," a release into the outdoor atmosphere of air contaminants. VIII-a. "Hearing," the opportunity for the submission of either written or oral comments, or the submission of both written and oral comments. VIII-b. "Major deviation from requirement" means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance. VIII-c. "Major potential for harm" means a substantial likelihood of causing unhealthful air quality. IX. [Repealed.] IX-a. "Non-Title V Source," any stationary source other than an affected source which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air. IX-b. "Minor deviation from requirement" means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met. IX-c. "Minor potential for harm" means a small likelihood of causing unhealthful air quality. IX-d. "Moderate deviation from requirement" means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met. IX-e. "Moderate potential for harm" means a moderate likelihood of causing unhealthful air quality. IX-f. "Particulate matter" means any material, including lead, but not uncombined water, which is or has been suspended in air or other gases and which exists in a finely divided form as a liquid or solid at standard conditions. X. "Person," any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties. X-a. "Repeat violation" means a subsequent violation of a statute or rule at a facility or by a person for which a letter of deficiency, administrative order, or administrative fine has previously been issued by the department. XI. "Stationary source," any building, structure, facility, or installation which emits or which may emit any regulated air pollutant. Source. 1979, 359:2. 1981, 332:1, 2. 1986, 202:6, I(h). 1993, 329:2, 3. 1996, 228:18, 105, 113, IV; 247:1, 2, 10; 278:10. 2001, 293:4. 2005, 173:1, 2. 2008, 113:1, 2. 2010, 183:1, 5, eff. June 21, 2010.

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

125-C:4. Rulemaking Authority; Subpoena Power. I. The commissioner shall adopt rules under RSA 541-A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. (b) Primary and secondary ambient air quality standards. (c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. (d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a. (e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II. (f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11, I. (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C:12, I. (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II. (i) Fees for permit application and review, as authorized by RSA 125-C:12, IV-d. (j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI. (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I. (m) Procedures for granting variances, as authorized by RSA 125-C:16. (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-C:10-b, VII(f). (p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125-C:10-b, IV and VI. (q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-C:10-b. (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a. (s) The recordkeeping, reporting, certification requirements, and test methods to be used to demonstrate compliance with RSA 125-C:10-d. (t) The determination of air contaminants subject to regulation, applicability thresholds, determination of best available control technology, and procedures to determine potential impacts of the deposit of such contaminants from the air on soils or water resources to implement RSA 125-C:10-e. I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment. I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2, V-c. II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary. Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2. 2005, 173:3. 2008, 113:3. 2010, 183:6, eff. June 21, 2010. 2016, 94:2, eff. July 1, 2018. 2018, 368:1, eff. Sept. 8, 2018.

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

125-C:6. Powers and Duties of the Commissioner. In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: I. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; II. Developing a comprehensive program and provide services for the study, prevention, and abatement of air pollution; III. Conducting and encouraging studies relating to air quality; IV. Collecting and disseminating the results of studies relating to air quality; V. Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality; VI. Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state; VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists of at least 90 percent virgin no. 6 oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1; VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIII. Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, including such monies given under any federal law to the state for air quality control activities, surveys, or programs; IX. Consulting the air resources council established by RSA 21-O:11 on the policies and plans for the control and prevention of air pollution; X. Exercising all incidental powers necessary to carry out the purposes of this chapter; XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of emissions from such stationary sources. The commissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards; XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a "clean air" area by state or federal regulations; XIII. Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution; XIV. Establishing and operating a statewide system under which permits shall be required for the construction, installation, operation, or modification of air pollution devices and sources, which system shall be established pursuant to RSA 125-C:11 and the sections which follow. The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, modification, or operation of said air pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air pollution level in the locality of such construction, modification, or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification, or operation would, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass fuel related to the combustion of such materials at stationary sources, and clean processed wood residue for use in accordance with RSA 125-C:10-c, II(b). The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I. XV. Implementing a program of prevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such increments are not less stringent than those specified in the Clean Air Act and amendments thereto, and in regulations promulgated thereunder; XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment. XVII. Implementing a program to control the emissions of air contaminants from consumer products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act. Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 9, 10. 1988, 277:1. 1995, 192:1. 1996, 228:104. 2001, 293:6. 2008, 113:4. 2010, 183:8, eff. June 21, 2010. 2016, 319:19, eff. Aug. 23, 2016.

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

125-C:6-a. Enhanced Environmental Performance Agreements. I. It is the purpose of this section to create a voluntary pilot program by which the commissioner of environmental services may enter into enhanced environmental performance agreements (EEPAs) with persons regulated under this chapter to implement innovative environmental measures not otherwise recognized or allowed under existing laws and rules of this state, if those measures achieve emissions reductions or reductions in discharges or wastes which equal or exceed those required under applicable statutes and rules, and to test innovative strategies for achieving enhanced environmental results. Approaches embodied in EEPAs should typically represent, favor, or promote pollution prevention, source reduction, environmental innovation, and transferability to other applicable entities, without increasing the overall level of pollution emitted directly or indirectly to the air, water, and land. II. After notice and opportunity for public comment and hearing, the commissioner may enter into enhanced environmental performance agreements with any person regulated under any or all of RSA 125-C, RSA 125-D, RSA 125-I, or RSA 125-J to implement innovative environmental measures that relate to provisions of these chapters, even if one or more of the terms of such an agreement would be inconsistent with an otherwise applicable statute or rule of this state. Participation in this program is limited to those persons who have submitted an enhanced environmental performance agreement that is acceptable to the commissioner. A decision by the commissioner to not enter into an agreement with any person is not appealable. III. An enhanced environmental performance agreement shall operate in lieu of existing permits identified in the agreement. Any environmental statute, regulation, or condition in an existing permit that differs from a term or condition in an agreement shall cease to apply from the effective date of an initial or renewed agreement until the agreement is terminated or expires. IV. Persons applying to the commissioner for enhanced environmental performance agreements shall, at a minimum: (a) Submit a description of how the proposal is consistent with the purpose of this section and federal guidelines, and a comprehensive description of the proposed EEPA which includes the nature of the facility, the operations which will be affected, how such operations will be altered to achieve superior emissions reductions, and the extent of emissions reduction anticipated. (b) Include in EEPA proposals the following, without limitation: (1) Identification of all state and federal statutes, rules and regulations applicable to the source. (2) Identification of all statutes, rules and regulations that are inconsistent with one or more terms of the proposed agreement. (3) A statement describing how the proposed agreement will achieve the purposes of this section. (4) A statement describing the implementation of the proposed agreement, including a list of steps and schedule. Implementation of the proposed agreement shall not increase overall worker safety risks or create undue risk burdens on others. (5) Identification of those members of the general public, representatives of local communities, environmental groups, and other appropriate parties who have participated in the development of the proposed agreement or who have an interest in the agreement. (6) Identification of how the applicant will demonstrate ongoing satisfaction of the requirements of the agreement, including but not limited to, mechanisms for performance assurance and the type of performance guarantees to be provided, which guarantees shall be directly related to the complexity of, and risk associated with, the proposal. (7) A description of and plan for public participation in the EEPA. (8) A schedule for review by the commissioner of the performance of the proposed EEPA. (9) Provisions for voluntary and involuntary termination of the agreement. V. Without limiting the commissioner's authority under this section to specify additional criteria, the commissioner may adopt rules, under RSA 541-A, specifying criteria for acceptance of proposed enhanced environmental performance agreements. VI. In the event of deficient performance of any term or condition in the agreement, the commissioner may, with written notice, terminate any agreement, and the participant shall then be subject to enforcement under the applicable chapter. The commissioner's decision to terminate an agreement is not appealable. If an agreement is terminated, the participant shall have 30 days to apply for any necessary permits concerning operations that were in effect during the course of the agreement. VII. Nothing in this section shall limit the authority or the ability of the attorney general to initiate enforcement action against a person for violation of any laws of this state or rules adopted under such laws, except that an enhanced environmental performance agreement shall be deemed to be a permit to engage in activities authorized under the agreement. VIII. Nothing in this section shall reduce, eliminate, or in any way affect any fees that a participant in this program may be required to pay under any federal or state law. Applicants for participation in the enhanced environmental performance agreements program shall pay all costs associated with public notice and hearings. Source. 1996, 230:1. 1998, 229:2, eff. Aug. 23, 1998.

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

125-C:8. Administration of Chapter; Delegation of Duties. The commissioner shall be responsible for the implementation of this chapter and any rule adopted hereunder and may delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking authority. Source. 1979, 359:2. 1986, 202:11. 1996, 228:104, eff. July 1, 1996.

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

125-C:9. Authority of the Commissioner in Cases of Emergency. Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safety, he may with consent of the governor and council issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith. The commissioner shall rescind or abate such order as soon as the emergency ceases to exist. Source. 1979, 359:2. 1996, 228:104, eff. July 1, 1996.

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

125-C:10. Devices Contributing to Air Pollution. I. No person shall install, construct, operate, or modify any device or non-Title V source which contributes to air pollution except as prescribed by this chapter. II. No person shall construct, operate or modify an affected source which contributes to air pollution except as prescribed by this chapter. Source. 1979, 359:2. 1993, 329:4. 1996, 278:4, eff. Aug. 9, 1996.

RSA 125-C:10-a Municipal Waste Combustion Units.

125-C:10-a. Municipal Waste Combustion Units. Any municipal waste combustor, as defined in RSA 125-M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 tons per day of municipal solid waste, as defined in RSA 125-M:2, X, shall be limited to the following levels of emissions, unless otherwise provided for by a more stringent federal regulation, or by other state statute: I. Particulate matter: 25 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method). II. Opacity: 10 percent (6-minute average), 30 6-minute averages. III. Cadmium: 0.035 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method). IV. Lead: 0.4 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method). V. Mercury: 0.028 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, or 85 percent control efficiency, 3-run average (run duration specified in test method). VI. Sulfur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur dioxide emission concentration, corrected to 7 percent oxygen (dry basis), monthly block geometric average concentration or percent reduction. VII. Hydrogen chloride: 29 parts per million by volume, or 5 percent of the potential hydrogen chloride emission concentration, corrected to 7 percent oxygen (dry basis), 3-run average (minimum run duration is 1 hour). VIII. Dioxins/furans: 35 nanograms/dry standard cubic meter (total mass), corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is employed; or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is not employed, 3-run average (minimum run duration is 4 hours). Source. 2005, 72:1, eff. Jan. 1, 2006. 2016, 100:1, eff. July 18, 2016.

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

125-C:10-b. Best Available Control Technology Required. I. For the purposes of this section: (a) "Best available control technology" means an emission limitation based on the maximum degree of reduction for each air contaminant that would be emitted from any device that the department, on a case-by-case basis, taking into account energy, environmental, public health, and economic impacts and other costs, determines is achievable for such device through application of production processes or available equipment, methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant. (b) "Exempt fuel" means coal, natural gas, landfill gas, digester or bio gas, untreated wood, virgin petroleum products, biodiesel, as defined by RSA 362-A:1-a, I-b, or any mixture thereof. II. Except as provided in paragraph VII, the construction, installation, operation, or modification of any device located at an affected source that will combust any material shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology for controlling any particulate matter, mercury, or dioxin emissions from such device. Any material to be combusted in such device that is not an exempt fuel shall be certified as complying with standards established by the department. As part of the application for a permit, the affected source shall demonstrate that such standards and certification shall be complied with during facility operation. The permit shall contain inspection, testing, and reporting requirements to ensure such standards are met. The permit shall establish procedures for sampling and testing appropriate to the material to be combusted using US EPA SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, and applicable American Society for Testing and Materials sampling methods or alternate sampling and testing methods approved by the department. III. If stack testing results show that emissions from a device are less than but within 10 percent of the emission limitation for a specific air contaminant established under paragraph II for the device, the affected source shall install a department approved continuous emission monitor (CEM) for that air contaminant. If a department approved CEM is not available for that air contaminant, the affected source shall submit a plan, including monitoring and stack testing requirements, for ensuring that the emissions limitation for that air contaminant is not exceeded until such time as a department approved CEM for that air contaminant becomes available. Once a department approved CEM is available, the affected source shall install that CEM within 24 months of department approval of the CEM. IV. Once the department has established an emission limitation for one or more air contaminants under paragraph II for a device based on best available control technology, no further best available control technology determination for the emission of such air contaminant or air contaminants from such device shall be required for such period of time as specified in rules of the department, unless there is a modification of the device. V. Any determination by the department pursuant to paragraph II, shall be subject to the following: (a) In no event shall application of best available control technology result in: (1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter; and (2) Emission of any air contaminant specified in paragraph II in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar combustion technology and similar fuels. (b) If the department determines that a device emits more than one of the air contaminants specified in paragraph II, or that the affected source has more than one device that emits such air contaminants, the department shall determine best available control technology emission limitations for all such devices and all such air contaminants emitted. VI. If, prior to the effective date of this section, the department made under other authority a best available control technology determination for any air contaminant specified in paragraph II for any existing device and established in a permit issued pursuant to this chapter an emission limitation for such air contaminant, then no determination of best available control technology pursuant to paragraph II for such air contaminant from such device shall be required for such period of time as specified in rules of the department, unless there is a modification of the device. VII. This section shall not apply to: (a) A municipal waste combustor that is subject to RSA 125-M; (b) Chemical recovery combustion sources at pulp and paper mills subject to 40 CFR 63, Subpart MM; (c) A device at an affected source that combusts material of which at least 90 percent by weight is exempt fuel; (d) An affected source that is within a listed source category and subject to a performance standard or emission guidelines established by the United States Environmental Protection Agency pursuant to either section 111 or section 112 or section 129 of the Clean Air Act, provided that these standards and guidelines are at least as stringent as those achieved by applying best available control technology as specified under paragraph II; (e) A device at an affected source that, on the effective date of this section, routinely combusts any material other than a material specified in subparagraph (c) under a permit issued by the department, unless there is later a modification of such device; or (f) A device at an affected source with emissions of particulate matter, mercury, or dioxin below threshold levels established by rules of the department. Source. 2005, 173:4. 2010, 183:9-12, eff. June 21, 2010. 2017, 186:1, eff. June 29, 2017.

RSA 125-C:10-c Combustion Ban.

125-C:10-c. Combustion Ban. I. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. II. This section shall not apply to: (a) The incidental combustion of such materials either by any municipal waste incinerator or a municipal waste combustor with a design capacity of less than 250 tons per day of municipal solid waste, that has been permitted by the department and was in operation on January 1, 2006; (b) The combustion of no more than 10,000 tons per year of wood residue at any municipal waste combustor from November 15 through April 15 from facilities that process construction and demolition debris in a manner no less stringent than the requirements of the Environmental Protection Agency's Non-Hazardous Secondary Materials Rule, 40 C.F.R. section 241.4(a)(5) (Non-waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel) dated February 8, 2016. No such combustion shall occur until the department adopts rules regarding fuel quality standards and test methods in accordance with RSA 125-C:6, XIV-a and the department has taken final action on a permit revision for the facility utilizing such fuel; (c) The incidental combustion, under the supervision of a solid waste facility operator of untreated wood at any municipal transfer station subject to regulation under RSA 149-M; or (d) The combustion of bio-oil or bio-synthetic gas produced from the wood component of construction and demolition debris using non-combustion thermal or chemical processes including, but not limited to, pyrolysis or gasification. The non-combustion thermal or chemical processes proposed shall be subject to the review requirements of this chapter, RSA 125-I, and the administrative rules of the air resources division of the department of environmental services. The wood derived from construction and demolition debris shall be processed in a manner no less stringent than the requirements referenced in subparagraph (b). III. For purposes of this section, a municipal waste combustor shall have the same definition as RSA 125-M:2, XI, have a design capacity of at least 250 tons per day of municipal solid waste before January 1, 2016, be subject to regulation by this chapter or RSA 149-M, and have been in operation on January 1, 2016. Source. 2007, 128:1, eff. Jan. 1, 2008. 2016, 319:18, eff. Aug. 23, 2016. 2018, 249:1, eff. Aug. 11, 2018.

RSA 125-C:10-d Sulfur Limits of Certain Liquid Fuels.

125-C:10-d. Sulfur Limits of Certain Liquid Fuels. I. No person shall import into the state any of the following liquid fuels: (a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight; (b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or (c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight. II. Beginning on February 1, 2019 and continuing thereafter, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels: (a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight; (b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or (c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight. III. The commissioner may temporarily allow the use of non-conforming fuels with respect to paragraph II if there is a demonstrated need to do so based on an acute shortage of supply. Source. 2016, 94:1, eff. July 1, 2018. 2018, 340:3, eff. July 1, 2018 at 12:01 a.m.

RSA 125-C:10-e Requirements for Air Emissions of Per and Polyfluoroalkyl Substances Impacting Soil and Water.

125-C:10-e. Requirements for Air Emissions of Per and Polyfluoroalkyl Substances Impacting Soil and Water. I. For the purposes of this section: (a) "Best available control technology" means "best available control technology" as defined in RSA 125-C:10-b, I(a). (b) "Ambient groundwater quality standard" means "ambient groundwater quality standard" as defined in RSA 485-C:2, I. (c) "Surface water quality standard" means "surface water quality standard" established in or pursuant to RSA 485-A. (d) "PFAS" means per and polyfluoroalkyl substances. (e) "Precursor" means any substance that has been shown by sound science to be transformed into a PFAS under ambient conditions reasonably expected to occur in New Hampshire. II. A device that emits to the air any PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section. III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology. IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met. V. Any determination of best available control technology under this section shall be subject to the following: (a) In no event shall application of best available control technology result in: (1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter. (2) Emission of any air contaminant subject to this section in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar technology. (3) Emission of any air contaminant subject to this section which causes or contributes to or has the potential to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard, as a result of the deposition of the contaminant from the air. (b) If the department determines that the facility has more than one device that emits air contaminants subject to this section, the department shall determine best available control technology emission limitations for each such device. VI. This section shall only pertain to PFAS for which at least one peer reviewed study has been conducted in accordance with generally accepted scientific principles that demonstrates that the PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such PFAS. The implementation of this section shall only rely upon standards that are based on federal maximum contaminant levels, health advisories, provisional health advisories, standards that are derived from federally published toxicological data, or more restrictive New Hampshire state standards. Source. 2018, 368:2, eff. Sept. 8, 2018. 2021, 223:3, eff. Aug. 24, 2021.

RSA 125-C:11 Permit Required.

125-C:11. Permit Required. I. The construction, installation, operation, or modification of any device or non-Title V source as defined under RSA 125-C:2, and as further defined by rules adopted by the commissioner shall be prohibited unless the source possesses a temporary permit or operating permit whether a permit-by-notification, general permit, or an individual operating permit issued by the commissioner. The commissioner may by rule exempt certain devices or non-Title V sources from the requirements of this section. I-a. The construction, installation, operation, or modification of an affected source shall be prohibited unless the affected source possesses and complies with a temporary permit, general permit, or individual operating permit issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the general permit or permit to operate shall not exceed 5 years. II. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified device or non-Title V source except for those devices or non-Title V sources which are authorized to construct and operate pursuant to a permit-by-notification or a general permit. A temporary permit shall be in effect until it expires, an operating permit is issued, or until sooner revoked by the commissioner. Such permit shall contain the emission limits the device or non-Title V source is required to meet, and shall be issued by the commissioner upon a finding that the device or non-Title V source will meet such limits and will not result in a violation of any air quality standard or regulation in force under this chapter. III. An individual operating permit, which may contain conditions, shall be issued with respect to a device or non-Title V source for which a temporary permit is in effect, upon a finding by the commissioner, following operational testing, where required, that the device or non-Title V source meets the applicable emission limits and that its operation will not result in a violation of any air quality standard or regulation in force under this chapter. III-a. [Repealed.] III-b. A general permit, which may contain certain conditions, may be issued with respect to a Title V source category if the commissioner finds that there is more than one stationary source, area source, or device in the same category and the stationary sources, area sources, or devices in that category are all subject to the same regulatory requirements. III-c. The commissioner may adopt rules providing for a permit-by-notification with respect to a source category, provided that the commissioner finds that there is more than one device or non-Title V source in the source category, and that the devices or non-Title V sources in that category are all subject to the same regulatory requirements. IV. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified affected source, except for those affected sources which are authorized to be constructed pursuant to a general permit. The applicant shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any new major stationary source, device, or modification to any existing major stationary source or device. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no permit shall be issued for a source unless such source meets all the requirements for review and for obtaining a permit prescribed in the Clean Air Act. V. The applicant for a permit to operate shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any affected source. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. The applicant shall submit the required information to the commissioner prior to the commencement of construction or modification. Such preconstruction review and premodification review requirements shall be no less stringent than those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as amended. Source. 1979, 359:2. 1981, 332:4. 1986, 202:6, I(h). 1993, 329:5-8. 1995, 68:1, 4. 1996, 228:104; 278:11, 12. 2010, 183:2, eff. June 21, 2010.

RSA 125-C:12 Administrative Requirements.

125-C:12. Administrative Requirements. I. Applications for permits shall be upon such forms, and shall include such information, as the commissioner requires under rules adopted pursuant to RSA 541-A in order to determine the nature of the air pollution potential for such device or non-Title V source. II. Notwithstanding RSA 541-A:29 and RSA 541-A:29-a, the commissioner shall act upon a permit application for all sources, except affected sources, within a reasonable period of time that does not exceed 120 days from receipt of a complete application, unless the applicant agrees in writing to extend the time period. Applications for affected sources shall be subject to the time limits established pursuant to Title V, Clean Air Act, including 40 C.F.R. 70.4(b)(6) and 70.7(b)(4), July 1, 2023. Prior to such action, the commissioner shall provide notice of the application by publication in at least one newspaper of general circulation. The commissioner shall also provide an opportunity for a hearing to interested persons. The requirement of public notice and hearing shall not apply to such devices or sources that will have, in the opinion of the commissioner, an insignificant effect on air quality. The commissioner may adopt rules relative to the requirements of public notice and hearing for such devices or sources. II-a. On February 28, 2025, and on each February 28 thereafter, the department shall report in writing to the chair of the senate energy and natural resources committee and the chair of the house science, technology, and energy committee on the previous calendar year's air pollution control permitting activity. Such reports shall identify, for the previous calendar year that is the subject of the report, the following information: (a) The number of applications received for such air permits; (b) The number of such air permits the department granted or denied; and (c) The number of applications pending without decision more than 120 days after submission to the department. III. Any person aggrieved by a decision of the commissioner to grant in whole or in part, with or without conditions, or to deny a permit who wishes to appeal the decision shall proceed in accordance with RSA 21-O:14. IV. As a condition of any permit or authorization required or any requested applicability determination, the commissioner may require payment of a fee to cover the reasonable costs of reviewing and acting upon the application for a permit. IV-a. The applicant shall pay any cost or expense associated with public notices or notifications in the permit process. IV-b. As a condition of any permit or authorization required, the commissioner may require payment of an annual emissions fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including: (a) The costs of reviewing and acting upon any permit renewal; (b) Emissions and ambient monitoring, for those costs incurred under the permitting program; (c) Preparing generally applicable rules or guidance; (d) Modeling, monitoring, analyses, and compliance demonstrations; (e) Preparing inventories and tracking emissions; and (f) Inspections and enforcement. IV-c. In lieu of the annual emissions fee specified in paragraph IV-b, as a condition of any permit or authorization required, the commissioner may require payment of a one-time fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including the provisions specified in paragraph IV-b. IV-d. The commissioner shall adopt rules relative to a fee schedule for applicants and the collection of fees under the schedule. All fees and monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the air resources fund and shall be continually appropriated to the department for the administration of this chapter. V. Fees required to be collected from affected sources by the Clean Air Act as authorized under this section shall be deposited in the air resources fund, shall be accounted for separately, and shall be used by the commissioner for the establishment and operation of a statewide system of permitting for the construction, operation, or modification of any new or existing affected source. Source. 1979, 359:2. 1981, 332:5. 1986, 202:6, I(h). 1991, 289:1. 1993, 329:9. 1995, 68:2. 1996, 228:104, 107; 278:13. 2010, 183:3. 2012, 246:6, eff. June 18, 2012. 2024, 294:1, 2, eff. Sept. 24, 2024.

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

125-C:13. Criteria for Denial; Suspension or Revocation; Modification. I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the commissioner determines: (a) That the device or non-Title V source for which the permit or authorization is sought will result in a violation of any standard or rule in force under this chapter; or (b) That the device or non-Title V source will contribute disproportionately to pollution of the air in comparison with other similar sources able to perform the same function that are currently available; or (c) That the device or non-Title V source is located in a "clean air" area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deterioration of the existing air quality in a part of the area. II. The commissioner may suspend or revoke any permit or authorization issued hereunder if the commissioner determines: (a) That the permit holder or registrant has committed a violation of this chapter or any rule, order, or permit conditions in force and applicable to it; or (b) That emissions from the device or non-Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health. III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines: (a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation; (b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force. IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act. Source. 1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104; 278:14. 2010, 183:4, eff. June 21, 2010. 2026, 185:1, eff. Aug. 18, 2026.

RSA 125-C:14 Rehearings and Appeals.

125-C:14. Rehearings and Appeals. Administrative appeals from decisions of the commissioner made under the provisions of this chapter shall be heard by the air resources council under RSA 21-O:11, IV. Source. 1979, 359:2. 1981, 332:6, 7. 1986, 202:12. 1996, 228:104, eff. July 1, 1996.

RSA 125-C:15 Enforcement.

125-C:15. Enforcement. I. Whenever the commissioner or the commissioner's authorized representative finds that any device, non-Title V source, affected source of air pollution, or any other source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the device, non-Title V source, affected source, or any other source shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and said order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate said order. I-a. Whenever the commissioner or his authorized representative finds that a gasoline dispensing facility subject to Stage II vapor recovery system requirements has resulted in a violation of any provisions of this chapter or the rules in force hereunder, the commissioner or authorized representative shall issue a stop use order and compliance schedule with which the gasoline dispensing facility shall comply. Any stop use order shall become final and enforceable upon issuance, but may be appealed to the council within 10 days of its issuance and the council, after hearing, may uphold, modify, or abrogate such order. I-b. The commissioner of the department of environmental services 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, 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. 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) Appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 21-O:11, IV. (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 $2,000. (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 $2,500. (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 $3,000. (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 $2,500. (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 $3,000. (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 $3,500. (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 $3,000. (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 $3,500. (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 $4,000. (c) The commissioner may assess an additional fine for repeat violations. (d) Each day of violation shall constitute a separate offense. II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $50,000 for each violation, and for each day of a continuing violation. III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $50,000 if found guilty of any violation pursuant to RSA 125-C:15, III. Each day of violation shall constitute a separate offense. Source. 1979, 359:2. 1981, 332:8. 1993, 329:12. 1996, 228:104; 247:11; 278:15. 1998, 146:1, 2, eff. June 8, 1998. 2019, 263:1, eff. Jan. 1, 2020. 2026, 185:2, eff. Aug. 18, 2026.

RSA 125-C:16 Variances.

125-C:16. Variances. I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public. II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing air pollution; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of air pollution. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of pollution or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare or safety. III. Any variance granted hereunder shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance. Source. 1979, 359:2. 1986, 202:6, I(h). 1996, 228:104, eff. July 1, 1996.

RSA 125-C:18 Existing Remedies Unimpaired.

125-C:18. Existing Remedies Unimpaired. No existing civil or criminal remedy for any wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or impaired by this chapter. Source. 1979, 359:2, eff. July 1, 1979.

RSA 125-C:19 Protection of Powers.

125-C:19. Protection of Powers. The powers and functions vested in the commissioner under the provisions of this chapter shall not be construed to affect in any manner the powers, duties and functions vested in the department of health and human services under any other provision of law. Source. 1979, 359:2. 1983, 291:1, I. 1986, 202:6, I(h). 1995, 310:181. 1996, 228:104, eff. July 1, 1996.

RSA 125-C:19-a Recovery of Public Utility Expenditures.

125-C:19-a. Recovery of Public Utility Expenditures. All costs and expenses directly incurred by electric generating facilities for pollution reductions that are a component of, or are required in connection with, any vehicle inspection and maintenance program adopted by the state of New Hampshire and approved by the federal Environmental Protection Agency, or substitute for such program, shall be recoverable to the same extent and subject to the same conditions as any environmental expenditure mandated by law, and shall be recoverable through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism. Source. 1998, 207:1, eff. June 18, 1998.

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

125-C:20. Exemption; Steam Locomotives and Engines. The provisions of this chapter shall not apply to any steam locomotives and engines or replacements thereof used in connection with the operation of a railroad or railway which were in operation or on order prior to January 1, 1973, and are located entirely within the state; provided that this exemption shall not apply to any stationary steam engine. Source. 1979, 359:2, eff. July 1, 1979.

RSA 125-C:21 Severability.

125-C:21. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the provisions of this chapter are severable. Source. 1981, 332:9, eff. Aug. 16, 1981.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-125-C.htmFetched: 10/20/2026