RSA 125-I:4 · Regulated Toxic Air Pollutants

125-I:4 Regulated Toxic Air Pollutants. –

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I.

The following are regulated toxic air pollutants:

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(a)

Those substances or compounds listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act (42 U.S.C. 7412), as amended; and

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(b)

Those chemical substances for which a threshold limit value has been established by the American Conference of Governmental Industrial Hygienists as of December 31, 1995, as amended.

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II.

The commissioner shall adopt rules, pursuant to RSA 541-A, designating each regulated toxic air pollutant as a regulated toxic air pollutant-Class I, a regulated toxic air pollutant-Class II, or a regulated toxic air pollutant-Class III.

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III.

For each regulated toxic air pollutant, the commissioner shall adopt rules, pursuant to RSA 541-A, designating a short-term and long-term ambient air limit. In establishing ambient air limits under this chapter, the department shall rely on threshold limit values, reference concentration limits, and such other generally accepted scientific data as may be available.

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IV.

The department shall publish the list of all regulated toxic air pollutants, their classification as a regulated toxic air pollutant-Class I,-Class II or-Class III, and their respective short-term and long-term ambient air limits immediately upon adoption of the rules establishing such classifications and ambient air limits for each regulated toxic air pollutant. Publication of notice of such list shall be made by the department in the New Hampshire Rulemaking Register. Thereafter, the department shall publish annually a complete list of all regulated toxic air pollutants, classifications, and ambient air limits. Any revision to the list of regulated toxic air pollutants or their respective classifications or ambient air limits made prior to the annual publication of such list shall be noticed by publication of notice of the revision by the commissioner in the New Hampshire Rulemaking Register and shall not take effect until such publication of notice has occurred.

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V.

At any time, or pursuant to petition of any stationary source or affected person, the commissioner may modify the list of regulated toxic air pollutants by adding or deleting any substance or compound from the list, or by establishing or modifying any classification or ambient air limit for such substances or compounds, by adopting rules in accordance with the provisions of RSA 541-A, provided that:

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(a)

A substance or compound may be added to the list only if there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.

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(b)

A substance or compound may be deleted from the list only if there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound may not reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.

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VI.

By January 1, 2023 and annually thereafter, the commissioner shall consider peer-reviewed studies of the acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of inhalation exposure to an individual per and polyfluoroalkyl substance, and whether to establish or modify any classification or ambient air limit for such individual per and polyfluoroalkyl substance by adopting rules in accordance with the provisions of RSA 541-A. Source. 1996, 279:4, eff. July 1, 1996. 2022, 204:1, eff. Jan. 1, 2023.

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