New Hampshire Revised Statutes 125-C:13 – Criteria for Denial; Suspension or Revocation; Modification
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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, following a hearing, 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, following a hearing:
(a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation;
(b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force.
IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.
(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
Terms Used In New Hampshire Revised Statutes 125-C:13
- Affected source: any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U. See New Hampshire Revised Statutes 125-C:2
- 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. See New Hampshire Revised Statutes 125-C:2
- Clean Air Act: the Clean Air Act, 42 U. See New Hampshire Revised Statutes 125-C:2
- Commissioner: the commissioner of the department of environmental services. See New Hampshire Revised Statutes 125-C:2
- Emission: a release into the outdoor atmosphere of air contaminants. See New Hampshire Revised Statutes 125-C:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Hearing: the opportunity for the submission of either written or oral comments, or the submission of both written and oral comments. See New Hampshire Revised Statutes 125-C:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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, following a hearing, 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, following a hearing:
(a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation;
(b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force.
IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.