Air Permitting Information and Forms

How do I transfer a permit to a new owner?

Title V Operating Permits, State Permits to Operate and Temporary Permits

Pursuant to Env-A 605.04(b), Certification of the Responsible Official, within 30 days of any change of the owner or operator, the new owner or operator shall submit to the department an ARD-1 form with the following sections completed:

The ARD-1 form is available at http://des.nh.gov/ard/permit.htm.

The new owner or operator must also provide documentation in accordance with Env-A 605.02, Proof of Source Ownership or Permissible Use. This can be a certified affidavit that the owner or operator has right, title, or interest in all of the property proposed for use because the owner or operator owns, leases, or has binding options to purchase all the property proposed for use. An example affidavit is given at http://des.nh.gov/ard/pdf/sample_ownership_affidavit.pdf.

Pursuant to Env-A 101.09, Administrative permit amendment, the owner or operator also needs to submit a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permitee. This would include responsibility for submitting reports and paying annual emission fees.

Once these submittals are received, DES will process an Administrative Amendment (pursuant to Env-A 612.01) and issue the amended permit in the new owner’s name.

General State Permits

If a new owner or operator wants to continue operation of devices registered under a General State Permit, then they need to submit a registration package containing the following information:

The new owner or operator should include a cover letter with the registration package that states the name of the previous owner and the specific date that the new owner took responsibility of the operation of the devices covered under the permit.

Once these submittals are received, the DES will issue a letter of approval to the new owner or operator with a copy of the general permit.