Section Env-Hw 304.26 - Permit Modification or Revocation and Reissuance Initiated by the Department Including Modification or Revocation and Reissuance Requested by Third Parties(a) The department shall initiate a permit modification if cause as listed in 40 CFR 270.41(a) or (b), 7-1-05 edition, is shown.(b) When a permit is modified pursuant to this section, only the conditions subject to modification shall be reopened when a draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the permit.(c) The department shall initiate a permit revocation and reissuance proceeding if the criteria for permit revocation and reissuance established in 40 CFR 270.41(b), 7-1-05 edition, are met.(d) When a permit is revoked and reissued pursuant to this section, the entire permit shall be subject to revision just as if the permit had expired and the permit reissued for a new term.(e) The permittee shall comply with all conditions of the existing permit during modification proceedings or permit revocation and reissuance proceedings until a new final permit is issued.(f) Suitability of the facility location shall not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of permit issuance.(g) Any interested third party may request modification or revocation and reissuance of a permit. All requests shall be in writing and contain facts or reasons supporting the request.(h) The department shall follow the procedures set forth below when it initiates a permit modification or revocation and reissuance pursuant to this section: (1) If necessary to assist the department's decision to modify a permit, the permittee shall submit additional information and an updated application;(2) In the case of a permit to be revoked and reissued, the permittee shall submit a new application and such additional information as is necessary to assist the department's decision;(3) The department shall prepare a draft permit incorporating the proposed changes in accordance with Env-Hw 304.20;(4) The department shall make the draft permit available to the permittee for review and allow for public comment in accordance with Env-Hw 304.21;(5) At the end of the public comment period, the department shall give the permittee an opportunity for an adjudicative hearing in accordance with the applicable provisions of RSA 541-A and Env-C 200 before modifying or revoking and reissuing the permit;(6) If a permittee wishes to request an adjudicative hearing, the permittee shall: a. Submit a written request for a hearing to the department no later than 30 days after the department issues its draft permit; andb. Include in the request a short and plain statement of the permittee's objections or concerns with regard to the department's proposed action, a summary of the permittee's compliance history and current compliance status, and any other relevant information;(7) If both a public hearing is requested during the public comment period and an adjudicative hearing is requested by the permittee pursuant to this section, the department shall determine whether to hold a single hearing or two separate hearings; and(8) If a single hearing is held, it shall be conducted as an adjudicative hearing in accordance with the applicable provisions in Env-C 200, and public notice shall be given in accordance with Env-Hw 304.21.N.H. Code Admin. R. Env-Hw 304.26
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.