N.H. Code Admin. R. Env-A 609.09

Current through Register No. 25, June 20, 2024

Section Env-A 609.09 - Permit Shield: Title V Operating Permits

(a) A permit shield shall state that compliance with the conditions of the title V operating permit will be deemed in compliance with any applicable requirement and any state requirement as of the date of permit issuance, provided that:

(1) All such applicable requirements and all such state requirements found in Env-A 100 et seq. are specifically identified and included in the title V operating permit;

(2) Requirements excluded from the title V operating permit are specifically identified by the department as not applicable to the stationary source or area source; and

(3) The title V operating permit includes that determination or a permit condition that incorporates that determination by reference.

(b) A permit shield shall apply only to those conditions incorporated into a title V operating permit through:

(1) Issuance of an initial title V operating permit;

(2) Issuance of a renewal of a title V operating permit;

(3) A change made pursuant to the procedures for significant permit modification found in Env-A 612.06; or

(4) A change made pursuant to the procedures for an administrative permit amendment, provided that the administrative permit amendment:

a.Incorporates only those changes of an initial temporary permit or an extended temporary permit that were subject to the same review procedures used for a significant permit modification found in Env-A 612, including an opportunity for public comment; and

b.Meets all requirements of 40 CFR §70.6, § 70.7, and § 70.8.

(c) A permit shield shall not apply to those conditions incorporated into a title V operating permit through:

(1) Administrative permit amendment except as provided for in (b)(4), above;

(2) Changes to insignificant source operations;

(3) Changes made pursuant to Env-A 612.02(d) or (e); or

(4) Minor permit modifications made in accordance with Env-A 612.05.

(d) If a title V operating permit issued by the department does not expressly include or exclude an applicable requirement or a state requirement found in Env-A 100 et seq., that applicable requirement or state requirement shall not be covered by the permit shield and the applicant, owner, or operator shall comply with the provisions of the requirement to the extent that it applies to the applicant, owner, operator, stationary source, area source, or device.

(e) If the department determines that a title V operating permit was issued based on inaccurate or incomplete information provided by the applicant, owner or operator of a stationary source, area source, or device, any permit shield provision in the title V operating permit shall be void as to the portions of the title V operating permit which are affected, directly or indirectly, by the inaccurate or incomplete information.

(f) Nothing contained in this section shall alter or affect the ability of the department to reopen a title V operating permit for cause pursuant to Env-A 609.19 or to exercise its summary abatement authority pursuant to RSA 125-C:15, I.

(g) Nothing contained in this section or in any title V operating permit issued by the department shall alter or affect the following:

(1) The ability of the department to order abatement requiring immediate compliance with applicable requirements upon finding that there is an imminent and substantial endangerment to public health, welfare, or the environment;

(2) The state of New Hampshire's ability to bring an enforcement action pursuant to RSA 125-C:15, II;

(3) The provisions of section 303 of the Act regarding emergency orders including the authority of the administrator under that section;

(4) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

(5) The applicable requirements of the acid rain program, consistent with section 408(a) of the Act;

(6) The ability of the department or the administrator to obtain information about a stationary source, area source, or device from the owner or operator pursuant to section 114 of the Act; or

(7) The ability of the department or the administrator to enter, inspect, and monitor a stationary source, area source, or device.

N.H. Code Admin. R. Env-A 609.09

#6057-B, eff 6-30-95; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; 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