2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 125-C - AIR POLLUTION CONTROL
Section 125-C:4 - Rulemaking Authority; Subpoena Power.

NH Rev Stat § 125-C:4 (2016) What's This?
    125-C:4 Rulemaking Authority; Subpoena Power. –
    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 RSA 125-C:9.
       (d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a.
       (e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II.
       (f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11, I.
       (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C:12, I.
       (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II.
       (i) Fees for permit application and review, as authorized by RSA 125-C:12, IV-d.
       (j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13.
       (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI.
       (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I.
       (m) Procedures for granting variances, as authorized by RSA 125-C:16.
       (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c.
       (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 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 RSA 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 RSA 125-C:10-b.
       (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a.

[Paragraph I(s) effective July 1, 2018.]


       (s) The recordkeeping, reporting, certification requirements, and test methods to be used to demonstrate compliance with RSA 125-C:10-d.
    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 RSA 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.

Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2. 2005, 173:3. 2008, 113:3. 2010, 183:6, eff. June 21, 2010. 2016, 94:2, eff. July 1, 2018.

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