Section Env-Wq 301.18 - Use of Alternate Flow Conditions to Develop Effluent Limits(a) An applicant who wishes to develop effluent limits using a flow condition other than the applicable condition specified in Env-Wq 301.17 shall submit a written request to use an alternative flow condition to the department with the application submitted pursuant to Env-Wq 301.04.(b) The request shall include: (1) Any additional information necessary to ensure that the discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8;(2) An explanation of why using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition; and(3) Whether additional sampling will be done in support of the request.(c) If additional sampling will be done in support of the request, the applicant shall submit a scope of work and a quality assurance project plan (QAPP) in accordance with EPA Requirements for Quality Assurance Project Plans (QA/R-5), EPA/240/B-01/003, March 2001, prior to initiating the additional sampling.(d) The department shall approve the scope of work if the scope of work and QAPP demonstrate that the data resulting from the sampling will be a reliable indicator that using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.(e) The department shall approve the use of an alternative flow condition to develop one or more effluent limits if the applicant demonstrates that: (1) The discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8; and(2) Using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.N.H. Admin. Code § Env-Wq 301.18
(See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13