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New Hampshire Department of Environmental Services
PUBLIC GOVERNMENT BUSINESS A to Z LIST

Air Permitting for Stationary Sources
Air Emissions: Temporary Permit

Purpose
A temporary permit is issued prior to the commencement of construction or installation of any new or modified source or device that produces air emissions. A temporary permit serves to regulate the air emissions from a source to attain and maintain National Ambient Air Quality Standards and ambient air limits

Applicability
A temporary permit is issued based on several criteria, including the source or device type, design ratings, levels of production, and annual emission levels. Refer to Env-A 607.01 Specific Applicability for Temporary Permits (Env-A 600: Statewide Permit System).

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 607 Temporary Permits (Env-A 600: Statewide Permit System)

Application
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 Adobe Acrobat Reader Symbol)
3) All supporting data listed in Section III of Form ARD-1.
4) Applicable source or device specific application form(s) (Forms ARD-2 through ARD 6).

Fee
Temporary application review fee is $2,000 and applies to new sources only, i.e. a source location that has not been paying emission-based fees. Additional permit review fees may be required for air quality modeling, air toxic review, or other application reviews.
See Required Air Permit Fees

Processing Time
The estimated processing time after an application is deemed complete is 60-180 days.

Term/Renewal
A temporary permit is valid for 18 months. Applicants are expected to apply for a State Permit to Operate 90 days prior to expiration of the temporary permit, or for a Title V Operating Permit within 12 months after the source becomes subject to the Title V program, or within 12 months of commencing operation in accordance with Env-A 609.07 (Env-A 600: Statewide Permit System).

Modifications/Amendments
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).

Transferability
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.

Appeals
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

More Information
A pre-application meeting may be scheduled to discuss the permit application prior to submission of the application, if requested. Contact Gary Milbury at gary.milbury@des.nh.gov or (603) 271-2630.
Air Permitting for Stationary Sources

Frequently Asked Questions About New Hampshire’s Air Permit Program Adobe Acrobat Reader Symbol(Fact Sheet ARD-17)

Contact Us
Gary Milbury at gary.milbury@des.nh.gov or (603) 271-2630; or Contact Us

 

 

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