N.H. Code Admin. R. Env-A 607.01

Current through Register No. 25, June 20, 2024

Section Env-A 607.01 - Specific Applicability for Temporary Permits

The owner or operator of a new or modified stationary source, area source, or device shall obtain a temporary permit as specified in this chapter prior to the construction or installation of the source or device if the source or device is any of the following:

(a) An external combustion device with a design gross heat input greater than or equal to 10 million British thermal units (BTUs) per hour that combusts:

(1) Gaseous fuel, as defined in Env-A 1302.19;

(2) Liquefied petroleum gas;

(3) Distillate weight liquid fuel, including but not limited to #2 fuel oil or diesel fuel oil; or

(4) Any combination of (1) through (3), above;

(b) An external combustion device with a design gross heat input greater than or equal to 4 million BTUs per hour that combusts #4 fuel oil;

(c) An external combustion device with a design gross heat input greater than or equal to 2 million BTUs per hour that combusts:

(1) Solid fuel;

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil;

(3) Used oil as defined in Env-A 101.212; or

(4) Any combination of (1) through (3), above;

(d) One or more internal combustion devices at a source where:

(1) Each device combusts liquid fuel oil and has a design gross heat input greater than 0.15 million BTUs per hour, and the combined total design gross heat input for all such devices is greater than or equal to 1.5 million BTUs per hour; or

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input greater than 1.5 million BTUs per hour, and the combined total design gross heat input of all such devices is greater than or equal to 10 million BTUs per hour;

(e) An incinerator using any combination of type 0, 1, 2, or 3 waste with a design rating greater than or equal to 1,000 pounds per hour;

(f) An incinerator using any combination of type 4, 5, 6, and 7 waste with a design rating greater than or equal to 200 pounds per hour;

(g) A stationary source, area source, or device with total actual volatile organic compound (VOC) emissions greater than or equal to 10 tons per calendar year;

(h) An aboveground, vertical, VOC storage tank with a capacity greater than or equal to 40,000 gallons and containing VOCs with a true vapor pressure greater than or equal to 1.52 pounds per square inch absolute (psia) at 60° F;

(i) A device for loading tank trucks with gasoline at a gasoline terminal with a throughput greater than or equal to 20,000 gallons per day;

(j) A woodworking device that does not use a baghouse or filter for controlling dust emissions, but which employs a pneumatic transfer system to collect any amount of sander dust at a total wood waste transfer rate greater than or equal to 20 tons per calendar year;

(k) Pneumatic dust transfer equipment used to convey materials other than wood waste into bins or silos, which equipment does not use a baghouse or filter for controlling dust;

(l) Subject to Env-A 603.02, a fixed non-metallic mineral processing plant or coal crusher with a design throughput greater than or equal to 25 tons per hour;

(m) Subject to Env-A 603.02, a portable non-metallic mineral processing plant or a coal crusher with a design throughput of greater than or equal to 150 tons per hour;

(n) A stationary source, area source, or device choosing to limit its potential to emit by accepting enforceable permit conditions, including but not limited to any restrictions on the following:

(1) The hours of operation of the source or device;

(2) The type or amount of material combusted, stored, or processed; or

(3) The level of production;

(o) A stationary source, area source, or device at which documented and repeated violations occur of any of the applicable opacity or emission limits specified in Env-A 400 et seq.;

(p) A stationary source, area source, or device that is a significant contributor to documented and repeated violations of any of the national ambient air quality standards (NAAQS) as specified in Env-A 300, where discovery of the violation(s) or contribution resulted from one of the following:

(1) A direct measurement using ambient air quality monitoring; or

(2) Calculations based on the technical procedures adopted pursuant to 40 CFR 51, Appendix W;

(q) A stationary source, area source, or device subject to the national emission standards for hazardous air pollutants (NESHAP) contained in 40 CFR 61, except for sources and source categories subject to 40 CFR 61 solely for Subpart M, NESHAP for asbestos;

(r) A stationary source, area source, or device subject to rules governing prevention of significant deterioration (PSD) as specified in Env-A 619;

(s) A stationary source, area source, or device subject to rules governing nonattainment areas as specified in Env-A 618;

(t) A stationary source, area source, or device where a permit is required under the rules governing regulated toxic air pollutants specified in Env-A 1400;

(u) A stationary source, area source, or device where a permit is required by the maximum achievable control technology (MACT) standards for source categories as specified in 40 CFR 63;

(v) A stationary source or device subject to the rules governing reasonably available control technology (RACT) as contained in:

(1) Env-A 1300 for NOx emissions; or

(2) VOC RACT order provisions as stated in Env-A 1205;

(w) A stationary source, area source, or device determined by the department, based on modeling performed in accordance with 40 CFR 51, Appendix W, to have a significant impact on the air quality where a permit is required to ensure that ambient air quality standards are achieved and maintained;

(x) A source subject to, or opting into, the Acid Rain program under title IV of the Act;

(y) A stationary source, area source, or device that is a major source of hazardous air pollutants;

(z) A nitrogen oxides (NOx) budget source as defined in Env-A 3203.17;

(aa) A nitrogen oxides (NOx)-emitting generation source as defined in Env-A 3702; or

(ab) A carbon dioxide (CO₂) budget source as defined in Env-A 4602.

N.H. Code Admin. R. Env-A 607.01

#1375, eff 7-1-79; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; amd by #6344, eff 9-28-96; amd by #6468-B, eff 3-5-97; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; amd by #7615, eff 12-20-01; ss by #7879, eff 4-26-03; amd by #8129, eff 7-28-04; amd by #9462, eff 4-22-09; amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12