125-J:7 Inspection and Monitoring. –
I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:
(a) Enter any facility containing a device or source of air pollution;
(b) Inspect and photograph devices and sources which produce or control air pollution and air contaminates, and obtain samples of materials processed in, and generated from, the devices and sources in the facility; and
(c) Inspect and copy records, information or test results relating to air pollution, air contaminates, devices and sources which produce or control air pollution and air contaminates, emissions reductions implemented or to be implemented at a device or source, and emissions reductions credits which have been applied for by a device or source, or issued by the department.
II. The commissioner may require persons certifying and using ERCs to collect, maintain, and submit data necessary to ensure that ERCs are and remain in compliance with all requirements of this chapter and the Clean Air Act, and with the conditions of the emissions reduction credits certificates issued hereunder.
III. Information obtained by or submitted to the department under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the EPA, provided that the EPA guarantees the same degree of confidentiality afforded by the department.
Source. 1994, 397:2. 1996, 228:23, 104, eff. July 1, 1996.