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Home » US Law » 2022 New Hampshire Revised Statutes » Title X - Public Health » Title 125-C - Air Pollution Control

Section 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, […]

Section 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 […]

Section 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, […]

Section 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, […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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. The commissioner shall act upon a […]

Section 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 […]

Section 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.

Section 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 […]

Section 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 […]

Section 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.

Section 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. […]

Section 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 […]

Section 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., […]

Section 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; […]

Section 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 […]