New Hampshire § 146-C-9 - Section 146-C:9 Rulemaking.

§ 146-C-9. Section 146-C:9 Rulemaking.

The commissioner shall adopt rules, under RSA 541-A, relative to: I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3. II. Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited to: (a) Minimum standards for repairing an underground steel tank. (b) Tank replacement schedules. (c) Tank testing schedules. (d) Minimum standards for new underground tanks. (e) Standards for fiberglass, fiberglass clad, and steel tanks. (f) Standards for leak monitoring at underground storage facilities. (g) Minimum standards for secondary containment for underground storage facilities. (h) Minimum standards for piping systems at underground storage facilities. (i) Procedures for the temporary and permanent closure of underground storage facilities. (j) Technical and procedural alternatives and exemptions. III. Requirements for recordkeeping, as authorized by RSA 146-C:5, I. IV. Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II. V. Procedures, forms, and criteria for approving plans for new underground storage facility construction and installation, as authorized by RSA 146-C:7. VI. Criteria for determining what constitutes a facility under this chapter including, but not limited to, tank size and capacity. VI-a. Criteria for determining whether any material is a hazardous substance as defined in this chapter and procedures for such designation. VII. Criteria for demonstrating financial responsibility for ownership and operation of underground storage facilities. VIII. Acceptance and distribution of funds from the leaking underground storage tank trust fund established pursuant to 26 U.S.C. section 9508. IX. [Repealed.] X. Procedures and criteria for mitigation and prevention of damage due to a discharge from an underground storage facility. XI. Procedures and criteria for responding to and reporting a discharge from an underground storage facility. XII. Procedures for conducting tank testing, including qualifications of persons conducting tank testing. XIII. The exemptions and liability limitations for holders and fiduciaries.