125-I:6 Rulemaking. –
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 for determining ambient air limits.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than December 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 for determining ambient air limits.
(c) Establishment of a list of regulated toxic air pollutants including the classification under RSA 125-I:4, II and short-term and long-term ambient air limits for each regulated toxic air pollutant listed.
(d) Establishment of methodologies for determining by testing, calculation, or other methods without complete air dispersion modeling whether an existing or proposed emission of a regulated toxic air pollutant will exceed the applicable ambient air limit at the source's compliance boundary.
(e) Identification of the air contaminants and categories of stationary sources that are exempt from the provisions of this chapter.
III. The commissioner shall adopt rules pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than June 30, 1997, relative to:
(a) Procedures and criteria for determining compliance with ambient air limits established pursuant to this chapter.
(b) Procedures for petitioning the department to revise the list of regulated toxic air pollutants in accordance with the provisions of RSA 125-I:4, V.
(c) Procedures and criteria for establishing an alternate compliance boundary for a stationary source.
IV. Rules adopted by the commissioner relative to the air toxic control program in effect on July 1, 1996, shall remain in effect until the rules expire, or are amended or repealed.