Section Env-Wq 1709.03 - Process to Propose Change in Designated Use(a) Based on the information obtained as a result of the use attainability analysis performed pursuant to Env-Wq 1709.02, the department shall determine whether a change in a designated use should be proposed as specified in (b), below.(b) The department shall make the determination required by (a), above, when attaining a designated use is not feasible based on 40 CFR 131.10(g), as reprinted in Appendix F.(c) If the department determines that a change in designated use should be proposed, the department shall conduct a non-adjudicative public hearing in accordance with the provisions of Env-C 200 applicable to non-adjudicative hearings to receive public comment on the determination.(d) If the department continues to believe after the public comment period that a change in designated use should be proposed, the department shall propose that the change in designated use be made.N.H. Code Admin. R. Env-Wq 1709.03
Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12042, Effective 12/1/2016, Expires 12/1/2026.