RSA 125-C:10-c · Combustion Ban

125-C:10-c Combustion Ban. –

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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.

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II.

This section shall not apply to:

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(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;

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(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;

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(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

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(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).

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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.

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