HB 1431 – AS INTRODUCED
2006 SESSION
08/01
HOUSE BILL 1431
AN ACT relative to air permit applications.
SPONSORS: Rep. Kennedy, Merr 4
COMMITTEE: Science, Technology and Energy
This bill clarifies procedures for notification of air permit applications.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2843
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to air permit applications.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Air Pollution Control: Permit Notification. RSA 125-C:12, II is repealed and reenacted to read as follows:
II.(a) 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 3 day written notice in at least one daily and one weekly newspaper of general circulation in the town where the facility is located and surrounding towns. Notice to the town shall also include, but not be limited to, notice to the selectman’s office, planning commission, and conservation commission. The commissioner shall hold a public hearing on the permit application. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the requirements of public notice and hearing for such devices or sources.
(b) The public notice shall list all significant air toxics, as defined or regulated under RSA 125-I, to be emitted and the emission levels per year at the requested level of approval. The term “significant” shall be defined by the department pursuant to rules adopted pursuant to RSA 541-A.
(c) In this paragraph, “abutter” means any property bordering the applicant’s property. If a bordering property is owned or controlled by an entity associated with the applicant, then the associated property shall be deemed to be the same as the applicant property for the purpose of notification of abutters by certified mail with returned receipt. Additionally, no fewer than 10 residential property owners that are in closest proximity to the applicant’s property shall be given notice.
(d) No application shall be accepted until the applicant provides certification, signed by a board of selectmen, mayor, city council, or county commissioner that the application complies with all local zoning and planning laws and regulations.
(e) No application shall be accepted until the applicant submits a control technology minimization plan. Such plan shall:
(1) Include all current control technology, type of control technology, implementation date of controls, and toxins controlled by this technology.
(2) Include a description of new technology to be implemented, type of control technology, and the implementation date of controls and toxins controlled by this technology.
(3) Identify, if control technology is required and under what regulation.
2 Effective Date. This act shall take effect upon its passage.