Section Env-A 1404.07 - Compliance with Compliance Boundaries; Alternate Compliance Boundaries(a) A source shall comply with: (1) The property boundaries as established in the statutorily-defined compliance boundary in Env-A 1401.03, if the provisions of (b) or (c) below do not apply;(2) The boundary established pursuant to (b) or (c), below, if applicable; or(3) The source-specific boundary determined pursuant to (d), below.(b) For a stationary source operating a process or device located in a building or premises pursuant to a lease, license, or any other agreement granting the right to use or occupy only a limited portion of the property upon which such process or device is located, the compliance boundary shall be the outer edge of that portion of the property under the direct control of the owner or operator of that stationary source. (c) The owner or operator of a process or device at a stationary source subject to this chapter shall consider any part of the property that is leased to another entity either through a lease, license, or other agreement, as being beyond the compliance boundary.(d) An owner or operator wishing to use a compliance boundary other than the boundary of the property on which the stationary source is located, or as described in (b) or (c), above, shall submit a written request to the department for approval of an alternate compliance boundary which includes, at a minimum, the following information: (1) The identity, location, and description of the facility at which the alternate compliance boundary is proposed to be used;(2) A description of the proposed alternate compliance boundary;(3) The name and CAS registry number for each RTAP emitted from each process or device subject to this chapter to be assessed using the alternative compliance boundary; and(4) Records demonstrating compliance in accordance with Env-A 1404, based upon the proposed alternate compliance boundary.(e) Within 60 days of receipt of a complete request, the department shall make a decision on the request.(f) The department shall approve a request for use of an alternate compliance boundary if: (1) The request contains all of the information required by (d), above; and(2) The proposed alternate compliance boundary would pose little risk to public health, in accordance with RSA 125-:3, (c)I.(g) If the request is denied, the decision shall specify the reason(s) for the denial.N.H. Code Admin. R. Env-A 1404.07
Derived from Volume XLII Number 6, Filed February 10, 2022, Proposed by #13334, Effective 2/3/2022, Expires 2/3/2032 (formerly Env-A 1405.07).