Section Env-A 609.19 - Permit Reopenings for Cause(a) The department shall reopen and revise a title V operating permit for cause if any of the following circumstances exist: (1) An additional applicable requirement, adopted after the date of issuance of a title V operating permit, becomes applicable for a source having a permit with 3 or more years remaining prior to the expiration date of the permit;(2) An additio nal requirement becomes applicable to an affected unit under the acid rain program;(3) The title V operating permit contains a material mistake or inaccurate statement in the emissions standards or other conditions of the title V operating permit; or(4) A determination is made by EPA or the department pursuant to 40 CFR §70.7 (f)(1)(iv) that the title V operating permit shall be suspended or revoked and reissued to ensure compliance with the applicable requirements.(b) In a proceeding to reopen and reissue a permit, the department shall: (1) Provide notice of intent to reopen and reissue to the owner or operator at least 30 days prior to the date that the permit is to be reopened; and(2) Follow the same procedures as apply to initial permit issuance, including public notice and hearing, notice to affected states, and EPA review, as specified in Env-A 622.(c) Only those parts of a title V operating permit for which cause to reopen exists shall be affected by proceedings under this section.(d) Where the reopening of a permit is the result of the promulgation of a new applicable requirement, the department shall reopen and reissue the permit no later than 18 months after promulgation of the applicable requirement.(e) Where the reopening of a permit is the result of a finding by EPA that cause to reopen exists, the department shall: (1) Within 90 days of receipt of notification of such a finding, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate;(2) Provide a 90-day period to EPA to review the proposed determination; and(3) Upon the expiration of EPA's 90-day review period, terminate, modify, or revoke and reissue, as appropriate.(f) Where the reopening of a permit is the result of an objection by EPA filed as a result of a citizen petition to EPA pursuant to Env-A 614, the department shall, within 90 days of receipt of such an objection, resolve the objections by terminating, modifying, or revoking and reissuing the permit.(g) The department shall issue a revised title V operating permit as required by EPA if a citizen petition is filed in accordance with Env-A 614 and the title V operating permit was revoked by EPA.N.H. Admin. Code § Env-A 609.19
#7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12