Section Env-A 4704.07 - Action on Consistency Applications(a) Within 30 days following receipt of a consistency application filed pursuant to this part, the regional organization shall review the application to determine whether it is in an approved form and contains all information needed for the purpose of commencing review of the application.(b) If the application is complete, the regional organization shall notify the project sponsor and the department so that a substantive review of the application as specified in (d), below, can proceed.(c) If the consistency application is incomplete, the regional organization shall notify the project sponsor in writing of the deficiency or deficiencies and specify a reasonable deadline for the project sponsor to correct the deficiency(ies). If the project sponsor corrects the deficiency(ies) by the specified deadline, the regional organization shall so report to the department, and the department shall proceed to review the application. If the project sponsor does not correct the deficiency(ies) by the specified deadline, the regional organization shall so report to the department and the department shall deny the application.(d) Within 90 days of being notified under (b) or (c), above, that a consistency application is complete, the department shall: (1) Approve the application if the criteria specified in (f) or (g), below, as applicable, have been met;(2) Deny the application if the criteria specified in (f) or (g), below, as applicable, have not been met; or(3) Notify the applicant in writing that additional time is needed to fully assess the application and provide an estimate of the amount of time that is needed.(e) The department shall notify the applicant of its determination under (e)(1) or (2), above, in writing. If the application is denied, the notification shall specify the reasons for the denial.(f) A consistency application for an offset project shall be approved if the information submitted by the project sponsor demonstrates that the proposed project meets the requirements of Env-A 4703 and Env-A 4704 and the applicable requirements of Env-A 4705 through Env-A 4709.(g) A consistency application for a CO2 credit retirement shall be approved if the information submitted by the project sponsor demonstrates that the proposed CO2 credit retirement: (1) Is eligible pursuant to Env-A 4703.04;(2) Was lawfully held by the project sponsor; and(3) Has been permanently and irrevocably retired.N.H. Code Admin. R. Env-A 4704.07
#9481, eff 5-23-09; ss by #10469, eff 1-1-14