WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	The whole state is in the OTR. 4 areas are in moderate nonattainment for the 8-hr ozone standard. EPA's Nonattainment Areas
Major Source Threshold	100 tons of NOx or VOCs triggers NSR. 50 tons of NOx or VOCs in nonattainment areas triggers NSR. 250 tons of any other criteria pollutant triggers PSD.
Minor Source Permitting Exemption	Based on emission rates and tons
Minor Source Treatment	BACT
Emergency Generating Limits	500 hour general permit

DE MINIMIS EXEMPTIONS

If a source has heat input less than 1.5 MMBtu/hr for liquid fuel oil or 10 MMBtu/hr for natural gas or LP gas AND a potential to emit less than 25 tons per year of all criteria pollutants it is exempt from permitting.

MINOR SOURCE PERMITTING

The following DG sources must obtain a temporary permit prior to the construction or modification if the source or device is any of the following –

Table 1
2003 DG Certification Standards

Device/Source	Design Rating	Fuel
Fuel Burning Device	Less than 10 Million Btu/hr	Natural Gas, LP Gas, #2 fuel oil
Fuel Burning Device	Less than 4 Million Btu/hr	#4 fuel oil
Fuel Burning Device	Less than 2 Million Btu/hr	Coal, wood, #6 fuel oil, used oil
Internal Combustion Engine (One or more at a source; design rating threshold is combined total of all engines)	Corresponding to natural gas with sulfur content not more than 1 grain/100 scf

Sources with a potential to emit more than 25 tons per year must obtain a permit. Modeling will be required and conditions in the permit will depend on the results of the modeling. Any controls will be required on a case by case basis, but will most likely be in the form of an annual fuel use cap.

New Hampshire has an output-based emission fee program for DG. The program requires affected generators to report NOx emissions and power production and either: (1) offset their emissions through the purchase of NOx emissions allowances within the Ozone Transport Region; or (2) pay an emissions fee. The new regulation affects any internal combustion engine or combustion turbine that generates electricity for use or sale and emits more than 5 tons of NOx per year, however back-up, start-up, and emergency generators are exempted, as are generators used in areas where electrical power is not reasonably and reliably available. The amount of the fee per ton of NOx emitted is $100 from October 1 to April 30 and $200 from May 1 to September 30. The fee increases over time but is capped at $500 per ton from October 1 to April 30 and $1,000 from May 1 to September 30. A NOx emissions reductions fund will be established with these fees and used to reduce NOx emissions from generation sources. No fee or allowance is required for the first 7 lb/MWh of NOx. The original intent of the 7 lb/MWh threshold was to focus the fee in higher emitting engines, including diesels. However, this limit provides the additional benefit of encouraging efficiency by rewarding units that emit at a lower output-based rate.

There is a 30 day public comment period for minor sources. The whole permitting process usually takes around 90 days to complete (including the comment period).

MAJOR NSR/PSD PERMITTING

The following sources are considered to be major sources and must obtain a Title V operating permit –

• 100 TPY or more of Nitrogen Oxides ("NOx") for sources located in Belknap, Carroll, Cheshire, Coos, Grafton and Sullivan Counties;
• 50 TPY or more of NOx for sources located in Hillsborough, Merrimack, Rockingham, and Strafford Counties;
• 10 tons per year (TPY) or more of any one Hazardous Air Pollutant ("HAP"),
• 25 TPY or more of any combination of HAPs;
• 50 TPY or more of Volatile Organic Compounds ("VOC"); or
• 100 TPY or more of any criteria pollutant (e.g. sulfur dioxide, particulate matter, carbon monoxide, etc.).

General information on NH permitting fees can be found here.

TREATMENT OF EMERGENCY ENGINES

A general permit is available that limits units to 500 hours of operation per year. Units may only operate for maintenance, during blackouts, and when ISO-NE declares OP4 Action 12. Use of an emergency generator as a load-shaving unit, peaking power production unit, or standby energy assistance program is not allowed.

Participants must report annual hours of operation and will be subject to the fee-based program above. The general permit program for internal combustion engines used as emergency generators was last renewed (early 2008) for an additional five years, until April 30, 2013. Full details of the permit program can be viewed by clicking here.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

An electrical generation facility greater than 30 MW requires a certificate of compliance from the New Hampshire Site Evaluation Committee. If the committee approves the facility, it grants a Certificate for Site and Facility with conditions. Approval of the Certificate is contingent upon the applicant's successful demonstration that a need exists for the facility, evidence that the appropriate financial management to support the proposed facility is in place, and that the facility will suitably comply with all pertinent state public health, environmental, economic, and safety standards.

TITLE 12, Public Safety and Welfare, CHAPTER 162H
Energy Facility Evaluation, Siting, Construction and Operation

(a) Electric generating station equipment and associated facilities designed for, or capable of, operation at any capacity of 30 megawatts or more, or electric generating station equipment and associated equipment which the applicant or 2 or more petition categories as defined in RSA 162-H:2, XI request and the committee agrees, or which the committee determines should require a certificate, consistent with the findings and purposes set forth in RSA 162-H:1.

BUILDING, ZONING AND FIRE CODES:

Building Codes: New Hampshire has adopted the 2006 IBC as its state building code with some amendments. The code serves as a mandatory minimum.

• Building Code Review Board

Energy Codes: New Hampshire has adopted the 2006 IECC as its state building code with some amendments. The code serves as a mandatory minimum.

• Energy Codes Page

Fire Codes: New Hampshire has adopted a state fire code based on the 2003 NFPA 1: UFC as its state fire code with some amendments.

• Division of Fire Safety

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

There are currently interconnection standards for net-metered systems only. On January 22, 2008, the New Hampshire Public Utilities Commission (PUC) issued Order 24,819 in Docket #06-061, which directed PUC staff and various interested stakeholders to make their recommendations regarding the federal interconnection standard to the PUC no later than February 15, 2008. As of August 2008, the PUC has issued no orders or new dockets related to interconnection. The PUC website can be accessed from here, http://www.puc.state.nh.us/Electric/electric.htm .

EXIT FEES:

There are no exit fees for DG in the state of New Hampshire. (See below)

On March 14, 2003, the New Hampshire Public Utilities Commission issued a decision addressing whether rate reduction bond (RRB) charges must be collected from retail customers of an electric service provider which is not a public utility. The decision also addressed the applicability of exit fees on self-generators.

The order (No. 24,137) was a reconsideration of an earlier Commission decision.

We conclude that RSA 369-B does not require the collection of RBB charges in connection with energy sold to a customer by an entity that is not a public utility, if there are no intervening regulated utility facilities used to provide such energy, even if the customer remains physically connected to the PSNH system and takes backup service from PSNH under rate B.

The Commission expressed definitively that the use of backup service or mere reliance on third party financing would not trigger the collection of RRB charges. The order on reconsideration also clarified that the rate reduction bond charges (which are a part of the stranded cost recovery charge) may not be collected on electricity that is self-generated and transferred to another user without the use of any intervening transmission or distribution facilitates owned by a public utility.

UTILITY STANDBY RATES:

New Hampshire does not have a statewide policy on standby rates. Utility provisions are listed below:  

Public Service of NH

Public Service Co of NH - Rate B – backup delivery service, http://www.psnh.com/SharePDFs/tariff070107/066-69%20Rate%20B.pdf. This rate is not mandatory for equipment installed for backup or emergency supply during service outages, nor is it mandatory for generation that was installed or rebuilt since January 1, 1985. For customers whose generating capacity is larger than their total internal load, backup contract demand will be based on 30-minute meter reading for on-peak periods during the current month and previous 11-months. For customers who would otherwise be served by the primary general service rate GV, backup contract demand will be the greater of either a) the highest kW demand during those periods, or b) 80% of the highest kv-ampere during those periods. Supplemental demand and other charges contained in Rate B are outlined below -

 

Rate B – Standby Service
Supplemental Demand	Administrative Charge: $232.21 per month
	Translation Charge: $38.69 per recorder per month
Demand Charges (only for customers who take service at 115,000 volts or higher)	Transmission Charge: $0.25 per KW or KVA, whichever is applicable, of backup contract demand
	Stranded Cost Recovery: $0.07 per kW or KVA, whichever is applicable, of backup contract demand
Distribution Charge	$3.12 per KW or KVA, whichever is applicable of backup contract demand
Energy Charge	Contained in the Standard Rate for Delivery Service (Rate G, Rate GV, or Rate LG)