N.H. Code Admin. R. Env-A 612.05

Current through Register No. 25, June 20, 2024

Section Env-A 612.05 - Minor Modifications: Title V Operating Permits

(a) Prior to implementing a minor title V operating permit modification, the owner or operator shall file a written request to the department for a minor permit modification for those changes that qualify as minor permit modifications under this section.

(b) For a source or device that has been issued a temporary permit, an application for a minor permit modification shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit.

(c) An application for a minor modification to a title V operating permit shall be deemed complete within 60 days after its filing, unless the department requests additional information or otherwise notifies the applicant of incompleteness.

(d) The request for a minor permit modification shall include the following:

(1) An application form, provided by the department as described in Env-A 1703 through Env-A 1708, as applicable, containing all information pertinent to the modification, including, if applicable, the information specified in Env-A 1709;

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and

(3) A description of:

a.The change;

b.The emissions resulting from the change; and

c.Any new requirements that will apply if the change occurs;

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 606.02, the information required pursuant to Env-A 606.03;

(5) The owner or operator's proposed draft permit conditions;

(6) Certification by a responsible official, consistent with the provisions of Env-A 605.04(d), that the proposed change meets the criteria for the use of the minor permit modification procedures; and

(7) A request that minor permit modification procedures be used.

(e) Within 5 working days of the receipt by the department of a request filed pursuant to (a)-(c), above, for a minor permit modification to a title V operating permit, the department shall notify EPA and any affected state(s) of the request.

(f) The department shall not make a final decision on a requested permit modification to a title V operating permit until after EPA's 45-day review period or until EPA has notified the department that EPA will not object to the permit modification, whichever comes first.

(g) By the later of 90 days from receiving an application filed pursuant to (a) - (c), above, or 15 days after the end of EPA's 45-day review period, the department shall:

(1) Issue the requested permit modification if it meets the requirements of this section;

(2) Deny the requested permit modification if it does not meet the requirements of the section;

(3) Determine that the requested modification does not qualify as a minor permit modification and review the request under the significant permit modification procedures in Env-A 612.06; or

(4) Revise the draft permit to the extent that it does not meet the requirements of this section and send to EPA and to the applicant the new proposed permit modification.

(h) The owner or operator may implement the proposed change immediately upon filing a request for minor permit modification with the department.

(i) Pending final action on the permit modification by the department, the owner or operator shall comply with both the applicable requirements governing the change and the proposed permit conditions.

(j) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications.

N.H. Code Admin. R. Env-A 612.05

#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; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03 (formerly Env-A 612.04); ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12