Title X, Public Health

The commissioner may accept payments to be held in an escrow account to be used for the purchase of emissions reduction credits, discrete emissions reduction credits, NOx budget allowances, and other emissions reduction credit mechanisms, until such time as credits, allowances or…

The commissioner of the department of environmental services may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to th…

Notwithstanding RSA 227-L:17, II, the residential open burning of combustible domestic waste is prohibited.

The members from this state shall obtain accurate accounts of all the board's receipts and disbursements and shall report to the governor on or before the fifteenth day of November, in even numbered years, the transactions of the board for the biennium ending on the preceding Jun…

I. The commissioner shall adopt rules under RSA 541-A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. (b) Primary and seconda…

The commissioner shall adopt rules, under RSA 541-A relative to: I. Procedures and frequency for stack testing, testing protocols, measurement methods, and other such actions as may be necessary to verify compliance with this chapter. II. Fees for implementing and enforcing the t…

There is hereby established a radiological health program in the department of health and human services. The commissioner of the department of health and human services shall designate a manager of the program, who shall perform the functions vested in the department under this …

Funding for the motor vehicle air pollution abatement fund shall be from the portion of the motor vehicle inspection fee established by RSA 266:2.

I. The department shall establish and administer a process for the application, certification, revocation and enforcement of emissions reduction credits for the following regulated pollutants: volatile organic compounds (VOCs), oxides of nitrogen (NOx), and carbon monoxide (CO). …

The commissioner of the department of environmental services may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to th…

I. The following are regulated toxic air pollutants: (a) Those substances or compounds listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act (42 U.S.C. 7412), as amended; and (b) Those chemical substances for which a threshold limit value has been est…

The commissioner shall have the responsibility, upon the receipt and validation of information of an imminent health hazard, to inform the commissioner of environmental services who shall inform the governor of such threat and request that the state agencies responsible by statut…

I. The owner or operator of each affected source shall file a compliance plan with the department describing the technologies, operational modifications, market-based approaches, or other methods that will be used to comply with the emission caps established under RSA 125-O:3, II…

The commission shall make an annual report commencing on November 1, 2008, together with any recommendations, to the speaker of the house of representatives, the president of the senate, and the governor.

Any person that owns or operates an OWHH shall not use a fuel other than the following: I. Clean wood; II. Wood pellets made from clean wood; III. Home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fu…

The department may also establish and administer a process for the registration, revocation, and enforcement of discrete emissions reductions, NOx budget allowances, and all other emissions reduction mechanisms for any air pollutants in accordance with the Clean Air Act. The use …

The department may also establish and administer a process for the allocation of NOx budget allowances, emissions reduction credits, discrete emission reductions, and other emissions reduction mechanisms which it is assigned by the federal government or interstate agreements or w…

I. The commissioner, in consultation with the commissioner of the department of natural and cultural resources, shall take reasonable measures to educate the public about the environmental impact of backyard burning and the requirements of this chapter. II. The commissioner shall…

For the protection of occupational and public health and safety, the department shall: I. Develop systems for evaluation and control of hazards associated with the use of sources of radiation. II. Develop systems described in paragraph I, with due regard for compatibility with fe…

No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a co…

I. The department shall maintain and publish on January 1 and July 1 of every year a list of emissions reduction credit certificates which have been issued. The department shall update the list on a monthly basis no later than the 10th day of the month, and shall make the updated…

I. An OWHH that is specifically designed to burn wood pellet fuel with metered fuel and air feed and controlled combustion engineering, which is operated according to manufacturers' specifications and burns only wood pellet fuel shall be exempt from this chapter. II. An OWHH whos…

I. Whenever the commissioner or the commissioner's authorized representative finds that any major source of sulfur dioxide has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, the commissioner shall issue a notice of violation and,…

I. No person shall operate any device or process at a stationary source that emits a regulated toxic air pollutant without a temporary or operating permit issued by the department in accordance with this chapter or RSA 125-C, provided, however, that no permit or permit applicatio…

I. In order to carry out health risk assessment, the commissioner is authorized to request and receive, on a reasonable basis, the assistance of personnel in any agency of state government with training or experience in any of the following fields: (a) Medicine. (b) Toxicology. (…

I. In order to encourage energy efficiency, energy conservation, renewable energy, and the reductions in local emissions which result, the integrated multi-pollutant strategy shall promote energy efficiency and conservation through conservation and load management programs. II. P…

Insofar as this state is concerned the words "commissioner of health" as used in this compact shall mean the state health officer.

I. There is hereby established an advisory committee to be known as the state radiation advisory committee which shall consist of 9 members. The committee membership shall at all times be limited to no more than 2 members from any one field or profession representing a physical s…

The commissioner may: [Paragraph I effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized terminat…

This chapter shall not be effective unless and until the governor of this state shall receive authenticated copies from the governors of the states of Maine and Vermont of the acts ratifying said compact.

I. The construction of a new medical waste incinerator, the modification of an existing medical waste incinerator which increases the amount of any air pollutant emitted by the incinerator, the conversion of a facility into a medical waste incinerator, or the reactivation of a cl…

In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: I. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; …

I. All of the enforcement provisions of RSA 125-C:15 shall apply to violations of this chapter. II. Each day of a continuing violation shall constitute a separate violation.

I. ERCs generated by devices and sources subject to RACT which are transferred to devices and sources subject to RACT shall be transferred in the ratio of 1:1. II. ERCs generated by devices, area sources, mobile sources, and sources not subject to RACT which are transferred for u…

I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such p…

I. The commissioner shall enforce the provisions of this chapter. Any person who violates any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation and may be assessed by the commissioner, after notice and hearing, an administrative fine …

I. The commissioner shall adopt interim rules as expeditiously as possible but no later than August 31, 1996, relative to: (a) Procedures and criteria for classifying regulated toxic air pollutants as Class I, II and III-regulated toxic air pollutants. (b) Procedures and criteria…

I. The commissioner shall prepare written reports detailing the results of any environmental health risk assessment undertaken pursuant to this chapter. II. The commissioner shall make these reports available to those state or local officials responsible for risk management decis…

I. It is the purpose of this section to create a voluntary pilot program by which the commissioner of environmental services may enter into enhanced environmental performance agreements (EEPAs) with persons regulated under this chapter to implement innovative environmental measur…

I. When adopting rules under RSA 541-A, the department, through its program, shall provide for general or specific licensing of naturally occurring, artificially produced, byproduct, source, and special nuclear materials or devices or equipment utilizing such material. The rules …

Any variance granted under this chapter shall be granted by the commissioner upon application and after a hearing, in accordance with RSA 125-C:16.

I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation …

I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter, or any condition of a permit issued under RSA 125-C relative to the emission of a regulated toxic air pollutant and any other air contaminant, an employe…

Any environmental hazard assigned to the risk analysis and management unit in the office of the commissioner of environmental services shall be the direct responsibility of the assistant commissioner, who shall have the same duties and responsibilities relative to environmental h…

Nothing in this chapter shall be construed to limit the authority of a municipality or the department of health and human services to prevent and remove nuisances and protect public health in accordance with RSA 147, or of a municipality to adopt and enforce land use ordinances a…

I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be sub…