Section Env-A 612.06 - Significant Permit Modifications: Title V Operating Permits(a) A change at a source subject to title V shall qualify as a significant permit modification if the change: (1) Is a title I modification;(2) Does not qualify as an administrative amendment or minor permit modification;(3) Is a removal or a relaxation of existing monitoring terms or conditions, or a substitution in those terms or conditions promulgated pursuant to:(4) Is a removal or relaxation of recordkeeping or reporting terms or conditions, or a substitution in a recordkeeping or reporting requirement promulgated pursuant to: e.Env-A 1211 as in effect prior to October 21, 2010 or successor rule in Env-A 1300; or(5) Seeks to establish or change permit terms or conditions, for which there is no corresponding underlying applicable requirement, that the source has assumed to avoid an applicable requirement to which it would otherwise be subject.(b) The terms and conditions referred to in (a)(5), above shall include: (1) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I; and(2) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act.(c) Prior to implementing a significant permit modification, the owner or operator shall file a written request with the department for a significant permit modification which includes 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 supplemental information specified in Env-A 1709;(2) A description of: b.The emissions resulting from the change; andc.Any new applicable requirements that will apply if the change occurs;(3) The owner or operator's suggested draft permit conditions;(4) 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 significant permit modification procedures;(5) A request that significant permit modification procedures be used;(6) Air pollution dispersion modeling impact analysis documentation in accordance with Env-A 606.04, as applicable; and(7)The fee(s) specified in Env-A 702 through Env-A 705, as applicable.(d) Upon filing a request for significant modification with the department, the applicant shall forward a copy of the request, including those items listed in (c)(1) through (c)(4), above, to EPA.(e) An application for a significant modification to a title V operating permit shall be deemed complete by the department within 60 days of its filing, unless the department requests additional information or otherwise notifies the applicant of incompleteness.(f) The department shall take final action on a request for significant permit modification no later than 9 months after the filing of a complete application provided that: (1) The procedures for public participation specified in Env-A 622 have been satisfied;(2) The requirements for notifying and responding to affected states specified in Env-A 622.03 have been satisfied;(3) The conditions of the permit provide for compliance with all applicable requirements of title V of the Act and all applicable requirements of Env-A 100 et seq.; and(4) The EPA has received a copy of the proposed permit and any notices required and has not objected to issuance of the significant permit modification within the time period specified in Env-A 609.13(b).(g) The owner or operator shall obtain an amended title V operating permit incorporating the significant permit modification prior to implementing such modification, except as provided in Env-A 609.07(a)(3).N.H. Code Admin. R. Env-A 612.06
#7879, eff 4-26-03 (formerly Env-A 612.05); amd by #8129, eff 7-28-04; 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