Section Env-Wq 1024.08 - Review of Applications for General ITA and General ITA with Conditions(a) The department shall review an application submitted pursuant to Env-Wq 1024.07 within the time periods specified in RSA 541-A:29.(b) The department shall issue a general ITA for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that the proposed technology will, without special O&M requirements or other conditions, limitations, or restrictions: (1) Be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a); and(2) Function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b).(c) The department shall issue a general ITA with conditions for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that the proposed technology will, with the specified O&M requirements or other conditions, limitations, or restrictions:(1) Be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a) or Env-Wq 1024.11(a), as applicable; and(2) Function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b) or Env-Wq 1024.11(b), as applicable.(d) If the department approves the application, it shall:(1) Notify the ITA applicant in writing signed by the director of the issuance of the approval;(2) Include in the notice a statement of whether the approval is a general ITA or general ITA with conditions, and if a general ITA with conditions, the specific conditions that apply; and(3) Post on its web site a notice that the ITA has been issued.(e) If, based on its evaluation, the department determines that the ITA applicant has not demonstrated that the proposed technology will meet the criteria specified in (b) or (c), above, the department shall: (1) Issue a provisional ITA and notify the applicant in accordance with Env-Wq 1024.06(c), if the criteria for a provisional ITA specified in Env-Wq 1024.06(b) have been met; or(2) Deny the application and notify the ITA applicant, in writing, of the denial and the specific reason(s) for the decision if the criteria for a provisional ITA specified in Env-Wq 1024.06(b) also have not been met.N.H. Admin. Code § Env-Wq 1024.08
(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.