Title X, Public Health

In order to provide advisory service to voluntary and official health agencies and educational institutions concerned with health, relating to policies concerned with the promotion, preservation and restoration of health and to insure the availability of day to day medical care w…

It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment…

The general court of this state hereby ratifies the following compact to become effective at such time as the legislative bodies of at least 2 eligible party jurisdictions also ratify it. New England Compact on Radiological Health Protection Article I Purposes The purposes of thi…

I. The general court finds that mercury is a persistent, toxic pollutant that accumulates in the food chain and poses a significant adverse threat to the state's public health and welfare and to the natural environment, including fish and wildlife. As a potent neurotoxin, mercury…

It is declared to be the public policy of the state of New Hampshire and the purpose of this chapter to promote the public health of the state by reducing human exposure to toxic chemicals by regulating releases of toxic chemicals into the ambient air.

The general court finds that protection of the public health and welfare demands a state-wide capacity to assess the nature of and risks to both humans and ecosystems associated with exposure to a variety of environmental contaminants. Recognizing that health risk assessment enta…

It is hereby declared to be the public policy of the state of New Hampshire: I. To prohibit the mining or milling of uranium, thorium, or other source material within the state of New Hampshire. In this section, milling means any processing of ore including underground solution e…

I. The general court finds that while air quality has improved in recent years, scientific advances have demonstrated that adequate protection of public health, environmental quality, and economic well-being-the 3 cornerstones of New Hampshire's quality of life-requires additiona…

In this chapter: I. "Certified outdoor wood-fired hydronic heater" or "certified OWHH" means a residential OWHH certified by the United States Environmental Protection Agency to meet the emissions standards codified in 40 C.F.R. part 60, subpart QQQQ and labeled accordingly, or a…

I. The general court finds that the air pollutant dioxin is a persistent bioaccumulative toxic (PBT) compound that accumulates in the food chain, posing a significant adverse threat to New Hampshire's public health and welfare and to its natural environment, including fish and wi…

I. No person shall install, construct, operate, or modify any device or non-Title V source which contributes to air pollution except as prescribed by this chapter. II. No person shall construct, operate or modify an affected source which contributes to air pollution except as pre…

The commissioner of the department of health and human services shall take cognizance of the interests of the public health, relating to the sale of drugs and foods and the adulteration of such drugs and foods and shall make all necessary investigations and inquiries in reference…

Whenever the commissioner finds that an emergency exists requiring immediate action to protect the public health or welfare, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as necessary to meet the emergency. Such order sh…

I. Notwithstanding RSA 125-J:4, VII, an emissions reduction credits certificate issued pursuant to this chapter shall not be suspended, revoked, or modified during the term of the certificate for a person who has purchased or has accepted such a certificate for use as permitted u…

No provision of this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy of this chapter, and to this end, the provisions of this chapter are not severable.

Any municipal waste combustor, as defined in RSA 125-M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 tons per day of municipal solid waste, as defined in RSA 125-M:2, X, shall be limited to the following levels of emissions, unless otherwise provi…

I. For the purposes of this section: (a) "Best available control technology" means an emission limitation based on the maximum degree of reduction for each air contaminant that would be emitted from any device that the department, on a case-by-case basis, taking into account ener…

I. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. II. This section shall not apply to: (a) The incidental co…

I. No person shall import into the state any of the following liquid fuels: (a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight; (b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or (c) Nos. 5 or 6 …

I. For the purposes of this section: (a) "Best available control technology" means "best available control technology" as defined in RSA 125-C:10-b, I(a). (b) "Ambient groundwater quality standard" means "ambient groundwater quality standard" as defined in RSA 485-C:2, I. (c) "Su…

I. For licensed activities involving low-level radioactive waste, the department through its program shall, and for other classes of licensed activity, the department, through its program, may adopt by rule standards and procedures to ensure that the licensees shall provide an ad…

I. The construction, installation, operation, or 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 operating permit wheth…

The general court finds that: I. It is in the public interest to achieve significant reductions in mercury emissions at the coal-burning electric power plants in the state as soon as possible. The requirements of this subdivision will prevent, at a minimum, 80 percent of the aggr…

The commissioner of the department of health and human services shall take cognizance of the sanitary condition of all public buildings, hospitals, penal institutions, and facilities for the detention of minors, whether state or county.

I. The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs, DERs, and other emissions reduction mechanisms. The commissioner shall maintain and publish, on or befo…

In this subdivision: I. "Affected sources" means existing coal-burning power plant units in this state, specifically Merrimack Units 1 and 2 in Bow and Schiller Units 4, 5, and 6 in Portsmouth. II. "Baseline mercury emissions" means the total annual mercury emissions from all of …

The program, or its duly authorized representatives, shall have the power to enter at all reasonable times upon any private or public property to determine whether there is compliance with the provisions of this chapter and the rules adopted thereunder, except that entry into are…

I. Notwithstanding RSA 541-A, the commissioner shall adopt special temporary rules not subject to RSA 541-A as expeditiously as possible after July 1, 1996, except that the department shall hold a public hearing on the proposed special temporary rules and shall provide the public…

I. Applications for permits shall be upon such forms, and shall include such information, as the commissioner requires under rules adopted pursuant to RSA 541-A in order to determine the nature of the air pollution potential for such device or non-Title V source. II. Notwithstand…

I. The program shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of radiation to maintain records relative to its receipt, storage, transfer, or disposal, and such other records as the program may require subject to exe…

I. The owner shall install and have operational scrubber technology to control mercury emissions at Merrimack Units 1 and 2 no later than July 1, 2013. The achievement of this requirement is contingent upon obtaining all necessary permits and approvals from federal, state, and lo…

I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the commissioner determines: (a) That the device or non-Title V source for which the permit or authorization is sought will result in a violat…

I. The general court shall equip and maintain a health service room in such location in the state house as may be assigned for such purpose. Said room shall be staffed by a licensed registered nurse employed or contracted by the general court, and the room shall be kept open as d…

I. Baseline mercury input shall be determined as follows: (a) No later than the first day of the second month following the effective date of this section, and continuing for 12 months thereafter, a representative monthly sample of the coal used traditionally (not to include tria…

Administrative appeals from decisions of the commissioner made under the provisions of this chapter shall be heard by the air resources council under RSA 21-O:11, IV.

I. The governor and council, on behalf of this state, are authorized to enter into agreements with the United States Nuclear Regulatory Commission or any successor thereto, pursuant to section 274(b) of the Atomic Energy Act of 1954, as amended, providing for discontinuance of ce…

Prior to the availability and operation of continuous emissions monitoring (CEM) systems, and subsequent to the baseline emissions testing under RSA 125-O:14, II, stack tests or another methodology approved by the department shall be conducted twice per year to determine mercury …

I. Whenever the commissioner or the commissioner's authorized representative finds that any device, non-Title V source, affected source of air pollution, or any other source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in forc…

The commissioner of the department of health and human services shall have authority: I. To receive and expend all funds made available to the department by the federal government, the state or its political subdivisions, or from other sources for general activities for health pr…

In addition to any other contract authority, the department, through its program, is authorized to enter into an agreement or agreements with the federal government pursuant to section 274(i) of the Atomic Energy Act of 1954, as amended, other states, or interstate agencies relat…

The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to: I. The administration of the provisions of RSA 125:9 through 125:15. II. The administration of occupational health programs under RSA 140. III. The qualifications of the…

I. (a) The department shall issue to the owner early emissions reduction credits in the form of credits or fractions thereof for each pound of mercury or fraction thereof reduced below the baseline mercury emissions, on an annual basis, in the period prior to July 1, 2013. Ratios…

This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary to them, except to the extent that they are in direct …

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…

Procedures for action by the department through its program on license applications, action against licensees, and availability of adjudication proceedings shall be in accordance with RSA 541-A.

The owner may request a variance from the mercury emissions reduction requirements of this subdivision by submitting a written request to the department. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance requ…