Section Env-A 609.01 - Specific Applicability(a) For the operation of any stationary source, area source, or device specified below, and which is not specifically exempted by (b), the owner or operator shall obtain a title V operating permit in lieu of a state permit to operate as specified under Env-A 608 for the following: (2) Any source subject to a standard, limitation, or other requirement under section 111 of the Act;(3) Any source subject to a standard or other requirement under section 112 of the Act, except that a source shall not be required to obtain a title V operating permit solely because it is subject to regulations or requirements under section 112(r) of the Act;(4) Any affected source as that term is defined in title IV of the Act; and(5) Any source in a source category designated by the administrator pursuant to 40 CFR §70.3.(b) The following shall be exempt from the obligation to obtain a title V operating permit: (1) All sources and source categories that would be required to obtain a title V operating permit solely because they are subject to 40 CFR 60, subpart AAA, NSPS for New Residential Wood Heaters; and(2) All sources and source categories that would be required to obtain a title V operating permit solely because they are subject to 40 CFR §61, subpart M, NESHAP for Asbestos, section 61.145 Standards for Demolition and Renovation.(c) The following shall be temporarily exempt from the obligation to obtain a title V operating permit, as indicated: (1) All sources listed in (a), above that are not major sources, affected sources as defined in title IV of the Act, or solid waste incineration units required to obtain a title V operating permit pursuant to section 129(e) of the Act, until such time as the administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in (c)(2), below; and(2) All nonmajor sources subject to a standard or other requirement under either section 111 or section 112 of the Act after July 21, 1992, until such time as the administrator determines not to exempt any or all such applicable sources from the requirement to obtain a title V operating permit at the time that the new standard is promulgated.(d) Pursuant to 40 CFR §70.3 (b)(3), a source that is exempt from being required to obtain a title V operating permit may apply for a title V operating permit.N.H. Code Admin. R. Env-A 609.01
#1375, eff 7-1-79; rpld by #1615, eff 7-31-80; 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 #6468-B, eff 3-5-97; ss by #7879, eff 4-26-03; ss 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