Section Env-A 614.01 - Citizen Petitions to EPA(a) If EPA does not object in writing pursuant to 40 CFR §70.8 (c), any person, including the applicant, owner, or operator, may petition the administrator pursuant to 40 CFR §70.8 (d) within 60 days after the administrator's 45-day review period to make such an objection.(b) As required by 40 CFR §70, the petitioner shall provide a copy of the petition to the department and to the applicant.(c) The petition shall identify all objections and be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Env-A 622.02, unless: (1) The petitioner demonstrates in the petition to the EPA that it was impracticable to raise such objections within the public comment period; or(2) The grounds for such objection arose after the close of the public comment period.(d) If EPA objects to the title V operating permit as a result of a citizen petition: (1) Prior to the issuance of the permit, the department shall not issue the title V operating permit until EPA's objection has been resolved; or(2) After the issuance of a permit, the department shall, within 90 days from the receipt of the EPA's objection, resolve the objection and terminate, modify, or revoke and reissue the permit.(e) A citizen petition shall not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.(f) If the department fails to resolve the objection, EPA may modify, terminate, or revoke the title V operating permit as required by 40 CFR §70.7 (g), and the department shall thereafter issue only a revised permit that satisfies EPA's objection.(g) An application that has been deemed timely pursuant to Env-A 609.07 and complete pursuant to Env-A 609.11 shall remain timely and complete even though EPA objects to the resulting title V operating permit or any person files a citizen petition.N.H. Code Admin. R. Env-A 614.01
#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 #7879, eff 4-26-03 (formerly Env-A 618.01); 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