Section Env-Wq 1024.06 - Review of Applications for Provisional ITA(a) The department shall review an application submitted pursuant to Env-Wq 1024.05 within the time periods specified in RSA 541-A:29.(b) Subject to (c), below, the department shall issue a provisional ITA for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that:(1) The proposed technology is likely to be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a); and(2) The proposed technology is likely to function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b).(c) If the information available to the department is sufficient to allow the commissioner, based on a recommendation of the director, to determine that a general ITA or general ITA with conditions should be issued in lieu of a provisional ITA because the ITA applicant has demonstrated that the proposed technology meets the criteria of Env-Wq 1024.08(b) or (c), as applicable, the department shall issue the recommended ITA in lieu of a provisional ITA.(d) If the department approves the application for a provisional ITA, it shall: (1) Notify the ITA applicant in writing signed by the director of the issuance of the provisional ITA and of the requirements to conduct and report on performance testing; and(2) Post on its web site a notice that the provisional ITA has been issued.(e) If a decision is made pursuant to (c), above, to issue a general ITA or general ITA with conditions, the department shall issue the notice in accordance with Env-Wq 1024.08(d).(f) If, based on its evaluation, the department determines that the ITA applicant has not demonstrated that the technology will meet the criteria specified in (b), above, the department shall notify the ITA applicant, in writing, of the denial and the specific reason(s) for the decision.N.H. Code Admin. R. Env-Wq 1024.06
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.