2021 New Hampshire Revised Statutes
Title X - Public Health
Title 125-D - Acid Rain Control Act
Section 125-D:3 - Acid Deposition Control Program.

Universal Citation: NH Rev Stat § 125-D:3 (2021)
    125-D:3 Acid Deposition Control Program. –
I. The department shall develop an acid deposition control program which shall achieve a 25 percent reduction of sulfur dioxide from the baseline emissions by December 31, 1991. The program shall include the following requirements:
(a) All major sources of sulfur dioxide in operation during the baseline period shall be divided into 2 groups:
(1) Sources with a maximum total heat input capacity equal to or greater than 1,000 MBTU/HR; or
(2) Sources with a maximum total heat input capacity less than 1,000 MBTU/HR.
(b) For the calendar year ending December 31, 1991, and for each year thereafter, except as provided by subparagraph I(f), each major source specified in subparagraph I(a)(1) shall have annual emissions which are 25 percent less than its portion of the baseline emissions.
(c) Beginning with the 4-year period 1988-1991 and each consecutive 4-year period thereafter, the major sources specified in subparagraph I(a)(2) shall have average annual emissions which are 25 percent less than their portion of the baseline emissions.
(d) Failure to comply with either subparagraph I(b) or I(c) shall be addressed solely within the heat input capacity group to which each of the subparagraphs applies.
(e) For the calendar year ending December 31, 1991, and each year thereafter, except as provided by subparagraph I(f) each major source specified in subparagraph I(a)(2) shall have an average emission rate which is 25 percent less than the baseline average emission rate determined for this heat input capacity group.
(f) For 2 or more major sources under a single ownership, alternatives to compliance with subparagraphs I(b) and I(e) are as follows:
(1) With regard to subparagraph I(b), the annual emissions of all major sources under single ownership may be combined to demonstrate that their total annual emissions are 25 percent less than their total portion of the baseline emissions; and
(2) With regard to subparagraph I(e), the emission rates of all major sources under single ownership may be averaged on a BTU input basis to demonstrate compliance with the required average emission rate.
II. In implementing the program established in paragraph I, the commissioner shall:
(a) Prepare an emissions and heat input capacity inventory for major sources of sulfur dioxide during the baseline period 1979 through 1982 with the emission inventory to include a determination of the baseline emissions and the baseline average emission rate for the major sources specified in subparagraph I(a)(2).
(b) Adopt rules, pursuant to RSA 541-A, which shall establish a process for monitoring compliance with subparagraph I(c). The process shall include a determination of average annual emissions, an analysis of trends and causal factors, and a forecast of future emissions. If the commissioner determines that such emissions are 95 percent or more of the emission limit, the commissioner shall submit a report to the governor, the president of the senate and the speaker of the house recommending proposed legislation to protect the emission limit.
(c) Adopt rules, pursuant to RSA 541-A, which shall provide credit for reductions in total emissions or emission rates made during the baseline period when such reductions result from verifiable energy efficiency or fuel switching programs.

Source. 1985, 328:1. 1986, 202:6, I(h). 1990, 172:5. 1993, 118:1. 1996, 228:21, 110, eff. July 1, 1996.

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