N.H. Code Admin. R. Env-A 617.02

Current through Register No. 25, June 20, 2024

Section Env-A 617.02 - Exception to Obtaining a Title V Operating Permit

Notwithstanding Env-A 603.01(a) or (b), a title V operating permit shall not be required for any research and development operation provided that all of the following conditions are met:

(a) The owner of an existing stationary source, area source, or device files a written request with the department to treat the stationary source, area source, or device as a research and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (q), below;

(b) The owner of a new stationary source, area source, or device files a written request with the department prior to the construction, installation, or operation of the stationary source, area source, or device to treat the stationary source, area source, or device as a research and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (q), below;

(c) The request to treat a stationary source, area source, or device as a research and development operation contains all of the following information:

(1) A brief narrative description of the research and development operation and the stationary source(s), area source(s), or device(s) involved;

(2) The date on which the research and development operation commenced or will commence;

(3) An estimate of the total number of days that the stationary source, area source, or device will be used as a research and development operation;

(4) An estimate of the amount of emissions of each regulated pollutant and each toxic air pollutant to be emitted by the research and development operation in pound per hour, pounds per day, and pounds per year; and

(5) The name and title of the person at the facility directly responsible for supervising each research and development operation;

(d) A written operating log is maintained at the stationary source, area source, or device;

(e) The written operating log describes each research and development operation by providing the following information:

(1) A brief narrative description of the research and development operation and the stationary source(s), area source(s), or device(s) involved;

(2) The date on which the research and development operation commenced;

(3) The total number of days that a stationary source, area source, or device was used as a research and development operation;

(4) The date on which the research and development operation ended;

(5) The amount of actual emissions of each regulated pollutant and each toxic air pollutant emitted by the research and development operation in pounds per hour, pounds per day, and pounds per year; and

(6) The name and title of the person at the facility directly responsible for supervising the research and development operation;

(f) In moderate, serious, or severe ozone nonattainment areas, the total VOC emissions from the research and development operation are less than or equal to 3 pounds per hour, 15 pounds per day, and 1,000 pounds per year;

(g) In any area of the state, the total emissions of all hazardous air pollutants from the research and development operation are less than or equal to 3 pounds per hour and the individual emissions of any hazardous air pollutant from the research and development operation is equal to or less than 15 pounds per day and equal to or less than 1,000 pounds per year;

(h) In any area of the state, the total emissions of all toxic air pollutants from the research and development operation are less than or equal to 3 pounds per hour, and the individual emission of any toxic air pollutant from the research and development operation is equal to or less than 15 pounds per day and equal to or less than 1,000 pounds per year;

(i) The research and development operation is not otherwise required to hold a title V operating permit by a NESHAP contained in 40 CFR 61;

(j) The research and development operation is not otherwise required to hold a title V operating permit by a MACT standard for source categories contained in 40 CFR 63;

(k) The research and development operation is not subject to the NSPS contained in 40 CFR 60;

(l) The research and development operation is not subject to the rules governing PSD contained in Env-A 619;

(m) The research and development operation is not subject to the rules governing nonattainment areas as contained in Env-A 618;

(n) The department has not made a determination in accordance with 40 CFR 51, Appendix W, that the emissions from the research and development operation have a significant impact on air quality and that a title V operating permit is required to ensure that ambient air quality standards are achieved and maintained;

(o) The research and development operation is not subject to any applicable requirement;

(p) The research and development operation is included as an insignificant activity in any application for a title V operating permit; and

(q) The emissions from any research and development operation are included in determining the applicability of a title V operating permit to any stationary source or area Source.

N.H. Code Admin. R. Env-A 617.02

#7879, eff 4-26-03 (formerly Env-A 621.02); 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