N.H. Code Admin. R. Env-A 612.02

Current through Register No. 25, June 20, 2024

Section Env-A 612.02 - Operational Flexibility for Title V Operating Permits: Emissions Trading, Off-Permit Changes, and Section 502(b)(10) Changes

(a) For the purposes of this section, the term "section 502(b)(10) changes" means "section 502(b)(10) changes" as defined in 40 CFR §70.2, namely "changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements."

(b) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes as authorized under (c), (d), or (e) of this section at the permitted stationary source or area source without filing an application for and obtaining an amended title V operating permit, provided that all of the following general conditions, and the specific conditions in (c), (d), or (e) below, as applicable, are met:

(1) The change is not a modification under any provision of title I of the Act;

(2) The change does not cause emissions to exceed the emissions allowable under the title V operating permit, whether expressed therein as a rate of emissions or in terms of total emissions;

(3) The owner or operator has obtained any temporary permit required by Env-A 600;

(4) The owner or operator has provided written notification to the department and administrator of the proposed change and such written notification includes:

a.The date on which each proposed change will occur, or has occurred, as specified under (c), (d), or (e) of this section;

b.A description of each such change;

c.Any change in emissions that will result;

d.A request that the operational flexibility procedures be used; and

e.The signature of the responsible official, consistent with Env-A 605.04(d); and

(5) The owner or operator has attached the notice required pursuant to (b)(4) above to its copy of the current title V operating permit.

(c) Changes involving the trading of emissions under an existing title V operating permit may be made without filing an application for and obtaining an amended title V operating permit, provided that all of the following specific conditions are met:

(1) The title V operating permit issued to the stationary source or area source already contains terms and conditions, including all terms and conditions which determine compliance required under 40 CFR §70.6 (a) and (c), and which allow for the trading of emissions increases and decreases at the permitted stationary source or area source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements;

(2) The owner or operator has included in the application for the title V operating permit proposed replicable procedures and proposed permit terms which ensure that the emissions trades are quantifiable and federally enforceable for changes at the permitted facility which qualify under a federally-enforceable emissions cap that is established in the title V operating permit independent of the otherwise applicable requirements;

(3) The department has not included in the emissions trading provision any devices for which emissions are not quantifiable or for which there are no replicable procedures to enforce emissions trades; and

(4) The written notification required in (b)(4) above:

a.Is made at least 7 days prior to the proposed change; and

b.Includes a statement as to how any change in emissions will comply with the terms and conditions of the permit.

(d) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes not addressed or prohibited by the existing title V operating permit at a permitted stationary source or area source without filing an application for and obtaining an amended title V operating permit, provided that all of the following specific conditions are met:

(1) Each off-permit change meets all applicable requirements and does not violate any existing permit term or condition;

(2) The owner or operator provides contemporaneous written notification to the department and the administrator of each off-permit change, except for changes that qualify as insignificant under the provisions of Env-A 609.04;

(3) The change is not subject to any requirements under title IV of the Act and the change is not a title I modification;

(4) The owner or operator keeps a record describing the changes made at the source which result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes; and

(5) The written notification to the department and administrator required in (b)(4) above includes:

a.A list of the pollutants emitted; and

b.Any applicable requirement that would apply as a result of the change.

(e) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes pursuant to section 502(b)(10) of the Act without filing an application for and obtaining an amended title V operating permit, provided that the written notification required in (b)(4) above:

(1) Is made at least 7 days prior to the proposed change; and

(2) Includes any permit term or condition that is no longer applicable as a result of the change.

(f) The changes authorized in (d) and (e) above shall not qualify for the permit shield under Env-A 609.09.

(g) The department and the administrator shall attach each notice required pursuant to (b)(4), above, to their copy of the relevant title V operating permit.

N.H. Code Admin. R. Env-A 612.02

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; 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; ss by #7483, eff4-26-01; ss by #7879, eff 4-26-03; ss by #9706, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1011; ss by #10175, eff 9-1-12