Decision on Variance Petition from Saint-Gobain Performance Plastics

On September 10th, the Director of the NHDES Air Resources Division (Director) issued a Findings of Fact and Director’s Decision (FOF/DD) in the matter of a Variance Petition (Petition) submitted by Saint-Gobain Performance Plastics (SGPP) in Merrimack, NH. After considering the information submitted in the Petition, written comments, and oral testimony received at an August 5, 2020 public hearing, the Director has denied the Petition.

As background, SGPP submitted a Petition on June 4, 2020, which requested a variance of the February 11, 2021 deadline for completing construction and installation of the per-and polyfluoroalkyl substances (PFAS) air emission controls, as required in RSA 125-C:10-e and the air permit TP-0256 issued by NHDES on February 11, 2020. In the variance request, SGPP cited the Town of Merrimack’s appeal of this permit and the COVID-19 pandemic as the underlying reasons for the request. Specifically, SGPP requested that the variance be granted until February 11, 2022, or one year from the date of the final, non-appealable order disposing of the Town of Merrimack’s appeal of the air permit, whichever is earlier.

The issuance of this FOF/DD initiates a 30-day period in which any aggrieved party may file an appeal with the NH Air Resources Council (NH ARC). Information regarding appeals can be found on the NH ARC website at https://www.nhec.nh.gov/air/index.htm.

The FOF/DD and supporting documents related to this action are provided below:

Link to pdf of Findings of Fact and Director’s Decision

Link to pdf of Cover Letter – Decision on Variance Petition

Link to pdf of Variance Petition

If you have any questions regarding the FOF/DD, please contact Catherine Beahm at (603) 271-6793 or by email at Catherine.Beahm@des.nh.gov.