Section 125-C:11 Permit Required.
I. The construction, installation, operation, or material modification of any device or non-Title V source as defined under RSA 125-C:2, and as further defined by rules adopted by the commissioner shall be prohibited unless the source possesses a temporary permit or final permit issued by the commissioner. The commissioner may by rule exempt certain devices or non-Title V sources from the requirements of this section.
I-a. The operation of an affected source shall be prohibited unless the affected source possesses and complies with a permit to operate issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the permit to operate shall not exceed 5 years.
II. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified device or non-Title V source, and shall be in effect until a final permit is issued or until sooner revoked by the commissioner. Such permit shall contain the emission limits the device or non-Title V source is required to meet, and shall be issued by the commissioner upon a finding that the device or non-Title V source will meet such limits and will not result in a violation of any air quality standard or regulation in force under this chapter.
III. A final permit, which may contain conditions, shall be issued with respect to a device or non-Title V source for which a temporary permit is in effect, upon a finding by the commissioner, following operational testing, where required, that the device or non-Title V source meets the applicable emission limits and that its operation will not result in a violation of any air quality standard or regulation in force under this chapter.
III-a. [Repealed.]
IV. The applicant shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any new major stationary source, device, or modification to any existing major stationary source or device. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. Prior to commencement of construction or modification, the applicant shall submit the required information to the commissioner. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no permit shall be issued for a source unless such source meets all the requirements for review and for obtaining a permit prescribed in the Clean Air Act.
V. The applicant for a permit to operate shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any affected source. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. The applicant shall submit the required information to the commissioner prior to the commencement of construction or modification. Such preconstruction review and premodification review requirements shall be no less stringent than those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as amended.
Source. 1979, 359:2. 1981, 332:4. 1986, 202:6, I(h). 1993, 329:5-8. 1995, 68:1, 4. 1996, 228:104, eff. July 1, 1996; 278:11, 12, eff. Aug. 9, 1996.