New Hampshire Revised Statutes 125-C:4 – Rulemaking Authority; Subpoena Power
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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 N.H. Rev. Stat. § 125-C:9.
(d) The establishment and operation of a statewide permit system, as authorized by N.H. Rev. Stat. § 125-C:6, XIV, N.H. Rev. Stat. § 125-C:11, I and N.H. Rev. Stat. § 125-C:11, I-a.
(e) Devices, in addition to those devices defined under N.H. Rev. Stat. § 125-C:2, subject to the permit requirements of N.H. Rev. Stat. § 125-C:11, as authorized by N.H. Rev. Stat. § 125-C:11, II.
(f) The exemption of certain devices and non-Title V sources from the permit requirements of N.H. Rev. Stat. § 125-C:11, I and the conformance of exempted devices to established standards, as authorized by N.H. Rev. Stat. § 125-C:11, I.
(g) The forms and information required on applications for temporary and permanent permits required under N.H. Rev. Stat. § 125-C:11, as authorized by N.H. Rev. Stat. § 125-C:12, I.
(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by N.H. Rev. Stat. § 125-C:12, II.
(i) Fees for permit application and review, as authorized by N.H. Rev. Stat. § 125-C:12, IV-d.
(j) Procedures for permit application review, as authorized by N.H. Rev. Stat. § 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by N.H. Rev. Stat. § 125-C:13.
(k) Procedures for air testing and monitoring and recordkeeping, as authorized by N.H. Rev. Stat. § 125-C:6, XI.
(l) Procedures for receiving violation complaints and for rules enforcement, as authorized by N.H. Rev. Stat. § 125-C:15, I.
(m) Procedures for granting variances, as authorized by N.H. Rev. Stat. § 125-C:16.
(n) The manufacture, use, or sale of consumer products for purposes of implementing N.H. Rev. Stat. § 485:16-c.
(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 125-C:10-b.
(r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by N.H. Rev. Stat. § 125-C:6, XIV-a.
(s) The recordkeeping, reporting, certification requirements, and test methods to be used to demonstrate compliance with N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
(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.
Terms Used In New Hampshire Revised Statutes 125-C:4
- 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
- Biomass: means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in N. 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
- 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. See New Hampshire Revised Statutes 125-C:2
- Department: the department of environmental services. See New Hampshire Revised Statutes 125-C:2
- 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). See New Hampshire Revised Statutes 125-C:2
- Eligible biomass fuel: means fuel sources including biomass or neat biodiesel, as defined in N. 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.
- 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
- 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. 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
- Stationary source: any building, structure, facility, or installation which emits or which may emit any regulated air pollutant. See New Hampshire Revised Statutes 125-C:2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Primary and secondary ambient air quality standards.
(c) Procedures to meet air pollution emergencies, as authorized by N.H. Rev. Stat. § 125-C:9.
(d) The establishment and operation of a statewide permit system, as authorized by N.H. Rev. Stat. § 125-C:6, XIV, N.H. Rev. Stat. § 125-C:11, I and N.H. Rev. Stat. § 125-C:11, I-a.
(e) Devices, in addition to those devices defined under N.H. Rev. Stat. § 125-C:2, subject to the permit requirements of N.H. Rev. Stat. § 125-C:11, as authorized by N.H. Rev. Stat. § 125-C:11, II.
(f) The exemption of certain devices and non-Title V sources from the permit requirements of N.H. Rev. Stat. § 125-C:11, I and the conformance of exempted devices to established standards, as authorized by N.H. Rev. Stat. § 125-C:11, I.
(g) The forms and information required on applications for temporary and permanent permits required under N.H. Rev. Stat. § 125-C:11, as authorized by N.H. Rev. Stat. § 125-C:12, I.
(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by N.H. Rev. Stat. § 125-C:12, II.
(i) Fees for permit application and review, as authorized by N.H. Rev. Stat. § 125-C:12, IV-d.
(j) Procedures for permit application review, as authorized by N.H. Rev. Stat. § 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by N.H. Rev. Stat. § 125-C:13.
(k) Procedures for air testing and monitoring and recordkeeping, as authorized by N.H. Rev. Stat. § 125-C:6, XI.
(l) Procedures for receiving violation complaints and for rules enforcement, as authorized by N.H. Rev. Stat. § 125-C:15, I.
(m) Procedures for granting variances, as authorized by N.H. Rev. Stat. § 125-C:16.
(n) The manufacture, use, or sale of consumer products for purposes of implementing N.H. Rev. Stat. § 485:16-c.
(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 125-C:10-b.
(r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by N.H. Rev. Stat. § 125-C:6, XIV-a.
(s) The recordkeeping, reporting, certification requirements, and test methods to be used to demonstrate compliance with N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.