RSA 125-C:12 · Administrative Requirements

125-C:12 Administrative Requirements. –

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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.

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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:

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(a)

The number of applications received for such air permits;

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(b)

The number of such air permits the department granted or denied; and

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(c)

The number of applications pending without decision more than 120 days after submission to the department.

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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.

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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:

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(a)

The costs of reviewing and acting upon any permit renewal;

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(b)

Emissions and ambient monitoring, for those costs incurred under the permitting program;

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(c)

Preparing generally applicable rules or guidance;

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(d)

Modeling, monitoring, analyses, and compliance demonstrations;

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(e)

Preparing inventories and tracking emissions; and

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(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.

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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.

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