Revision: April 23, 2024, 1:57 p.m.
Rep. Vose, Rock. 5
April 22, 2024
2024-1565h
12/05
Amendment to SB 449
Amend the title of the bill by replacing it with the following:
AN ACT relative to the permit issuance timeline for state air permits and the department of environmental services duty to make annual reports.
Amend the bill by replacing all after the enacting clause with the following:
1 Application for Air Pollution Control Permit; Commissioner's Requirement to Act. Amend RSA 125-C:12, II to read as follows:
II. Notwithstanding RSA 541-A:29 and RSA 541-A:29-a, [The] the commissioner shall act upon a permit application [within a reasonable period of time] for all sources, except affected sources, within a reasonable period of time that does not exceed 120 days from receipt of a complete application, unless the applicant agrees in writing to extend the time period. Applications for affected sources shall be subject to the time limits established pursuant to Title V, Clean Air Act, including 40 C.F.R. 70.4(b)(6) and 70.7(b)(4), July 1, 2023. 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.
2 New Section; Air Pollution Control; Administrative Reporting. Amend RSA 125-C:12 by inserting after section II the following new section:
II-a. On February 28, 2025, and on each February 28 thereafter, the department shall report in writing to the chair of the senate energy and natural resources committee and the chair of the house science, technology, and energy committee on the previous calendar year’s air pollution control permitting activity. Such reports shall identify, for the previous calendar year that is the subject of the report, the following information:
(a) The number of applications received for such air permits;
(b) The number of such air permits the department granted or denied; and
(c) The number of applications pending without decision more than 120 days after submission to the department.
3 Effective Date. This act shall take effect 60 days after its passage.
2024-1565h
AMENDED ANALYSIS
This bill provides the commissioner 120 days to act upon an air pollution control permit application and requires annual reports from the department of environmental services.