A State Permit to Operate serves to regulate air emissions from an operating source to attain and maintain the National Ambient Air Quality Standards and ambient air limits.
The State Permit to Operate applies to sources that have completed construction, started operation, and demonstrated compliance with all applicable air regulations. State Permits to Operate are issued to sources or devices that were required to hold temporary permits and: 1) are not subject to the Title V operating permit program, or 2) are choosing to limit their potential emissions to a level below the major source threshold that would trigger a Title V operating permit (called a “synthetic minor source”).
Statute and Administrative Rules
RSA 125-C:11 Air Pollution Control/Permit Required
RSA 125-C:12 Air Pollution Control/Administrative Requirements
RSA 125-C:13 Air Pollution Control/Criteria for Denial; Suspension or Revocation; Modification
RSA 125-I:3 Air Toxic Control Act/Toxic Air Pollutant Control; Exemptions
RSA 125-I:5 Air Toxic Control Act/Compliance; Permit Required
Env-A 608 State Permit to Operate (Env-A 600: Statewide Permit System)
The owner or operator shall submit the following data:
1) A statement signed by the responsible official which states “I certify that the applicant, or the owner or operator the applicant represents, has the right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use.”
2) Form ARD-1 General Information for All Permit Applications (Please see Instructions for Form ARD-1 );
3) All supporting data listed in Section III of Form ARD-1; and
4) Applicable source or device specific application form(s) (Forms ARD-2 through ARD 6).
No application fee. Source is still subject to emission-based fees and applicable testing and monitoring fees.
Required Air Permit Fees
The estimated processing time after an application is deemed complete is 60-180 days.
A State Permit to Operate is valid for 5 years. DES Air Resources Division must receive a renewal application 90 days prior to permit expiration.
The applicant must provide DES Air Resources Division a written request to modify an existing permit or application (e.g., changing equipment, fuel type or usage, operation schedules, etc.) as described in Env-A 600: Statewide Permit System (see Env-A 612.01 Administrative Permit Amendments, Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate, Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate) and Env-A 100: Organizational Rules (see definitions in Env-A 101.08 Administrative permit amendment and 101.118 Minor permit modification).
Thirty (30) days after any change of the owner or operator, the new owner or operator must provide DES Air Resources Division with the following:
1) An ARD-1 Form with the following two sections completed: Section I. FACILITY INFORMATION A through H, and Section IV. CERTIFICATION;
2) A statement signed by the responsible official which states "I certify that the applicant, or the owner or operator the applicant represents, has the right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use."; and
3) A written agreement pursuant to Env-A 101.08: Administrative Permit Amendment containing a specific date for transfer of permit responsibility, coverage, and liability, including report submittal and payment of annual emission fees.
Once these submittals are received, DES Air Resources Division will process an Administrative Amendment according to Env-A 612.01: Administrative Permit Amendments and issue the amended permit in the new owner’s name.
Any person aggrieved by the final decision may file an appeal to Air Resources Council within 10 days of the final decision in accordance with Env-AC 200.
Status of Current Applications
Air Stationary Sources Search
A pre-application meeting may be scheduled to discuss the permit application prior to submission of the application, if requested. Contact Gary Milbury at [email protected] or (603) 271-2630.
Air Permitting for Stationary Sources
Frequently Asked Questions About New Hampshire’s Air Permit Program (Fact Sheet ARD-17)
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