The four-acre site of the proposed asphalt manufacturing plant at 145 Temple St. Although the Planning Board voted to deny the project, the air permit application is still being considered by the New Hampshire Department of Environmental Services. Telegraph photo by Christopher Roberson

NASHUA – Despite being voted down by the Planning Board eight months ago, the proposal for a hot mix asphalt plant at 145 Temple St. is still being considered by the New Hampshire Department of Environmental Services.

Project applicant Greenridge, LLC submitted its application for an air permit to the NHDES in January 2023.

“Currently, we’re in the technical review phase for this project,” said Air Permitting Engineer Sheila Rydel during the Feb. 12 public information session at Nashua High School South.

Should the application pass the technical review phase, a draft permit would then be issued followed by a public hearing and a final decision from the NHDES.

Rydel said the decision could be appealed to the Air Resources Council; however, it would not effect the unanimous vote from the Planning Board to deny the application on the local level.

Regarding air quality regulations, Rydel said the rotary drum mixer would be the plant’s greatest source of pollutants producing sulfur dioxide, carbon monoxide and nitrogen oxide. She said the state has a series of health-based standards, known as Ambient Air Limits, designed to monitor air pollution.

Yet, there are other hazards that fall outside the realm of NHDES authority.

“There are a number of concerns about this project that we cannot regulate,” said Rydel, adding that the NHDES has no control over issues relating to odors, noise and vehicle exhaust.

Should the plant become operational, state inspections would occur every five years unless significant complaints arise. Should an infraction be found, the NHDES has a Compliance Assurance Response Policy which would be used to impose the appropriate penalty.

Ward 3 Alderwoman Patricia Klee reminded the state officials that there are 350 children at Mount Pleasant Elementary School — just one mile from the Temple Street property.

“We’re not taking them into account, that’s truly bothersome,” she said.

Although the NHDES cannot reverse the Planning Board’s decision, the same cannot be said for the state’s judicial system.

In July 2023, Greenridge filed a lawsuit against the city requesting that the court overturn the Planning Board’s decision.

“The decision rests upon multiple errors of law and fact,” said Attorney Thomas Hildreth, counsel for Greenridge, in his Appeal of Administrative Decision.

He emphasized that the four-acre parcel is zoned for General Industrial use.

“Asphalt manufacturing is a use expressly permitted by right,” said Hildreth.

In a follow-up interview, Alderman-at-Large Benjamin Clemons said he is hoping the court will rule in the city’s favor.

“My hope is that even if the air permit is granted, the court upholds the decision made by the Planning Board to deny the application,” he said. “The use does not meet the character of the surrounding neighborhood.”