New Hampshire Revised Statutes 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 N.H. Rev. Stat. Chapter 541-A in order to determine the nature of the air pollution potential for such device or non-Title V source.
II. The commissioner shall act upon a permit application within a reasonable period of time. 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.
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 N.H. Rev. Stat. § 21-O:14.
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:
(a) The costs of reviewing and acting upon any permit renewal;
(b) Emissions and ambient monitoring, for those costs incurred under the permitting program;
(c) Preparing generally applicable rules or guidance;
(d) Modeling, monitoring, analyses, and compliance demonstrations;
(e) Preparing inventories and tracking emissions; and
(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.
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.
II. The commissioner shall act upon a permit application within a reasonable period of time. 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.
Terms Used In New Hampshire Revised Statutes 125-C:12
- Affected source: any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U. See New Hampshire Revised Statutes 125-C:2
- Air pollution: the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property. See New Hampshire Revised Statutes 125-C:2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Clean Air Act: the Clean Air Act, 42 U. See New Hampshire Revised Statutes 125-C:2
- Commissioner: the commissioner of the department of environmental services. See New Hampshire Revised Statutes 125-C:2
- Department: the department of environmental services. See New Hampshire Revised Statutes 125-C:2
- Hearing: the opportunity for the submission of either written or oral comments, or the submission of both written and oral comments. See New Hampshire Revised Statutes 125-C:2
- Person: any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties. See New Hampshire Revised Statutes 125-C:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 N.H. Rev. Stat. § 21-O:14.
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:
(a) The costs of reviewing and acting upon any permit renewal;
(b) Emissions and ambient monitoring, for those costs incurred under the permitting program;
(c) Preparing generally applicable rules or guidance;
(d) Modeling, monitoring, analyses, and compliance demonstrations;
(e) Preparing inventories and tracking emissions; and
(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.
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.