Current through Register No. 50, December 12, 2024
Section Env-A 612.07 - Department Proposal to Amend a Permit(a) The department shall propose to amend an existing non-title V permit if any of the following circumstances exist:(1) A requirement, adopted after the date of issuance of the permit, becomes applicable to the source and can only be enforced if incorporated into the permit;(2) The permit contains a material inaccurate statement or other material error;(3) A material fact or statement relied upon by the department when issuing the permit was not representati ve of actual conditions; or(4) A permit condition needs to be revised, added or deleted to ensure compliance with any applicable regulation.(b) The department shall provide written notice to the owner or operator of the intent to amend the permit at least 30 days prior to the date that the permit is to be amended.(c) The written notice to the owner or operator shall contain the following information: (1) The specific permit which the department proposes to amend;(2) A brief description of the nature of the proposed amendment;(3) The name and telephone number of the department staff person who may be contacted for further information; and(4) A statement that the owner or operator shall, within 30 days, respond to the notice of proposed amendment by: a.Consenting to the proposed amendment;b.Filing an objection to the proposed amendment; orc.Requesting a meeting with the department regarding the proposed amendment.(d) If the owner or operator consents to the proposed amendment or fails to file a timely objection or request for a meeting, the department shall follow the procedures for an administrative permit amendment, minor permit amendment, or significant permit amendment, as specified in Env-A 621 and as appropriate for the proposed amendment.(e) If, after a meeting held pursuant to (c)(4)c., above, the owner or operator consents to the amendment as originally proposed or as modified at such meeting, the department shall follow the procedures for an administrative permit amendment, minor permit amendment, or significant permit amendment, as specified in Env-A 621 and as appropriate for the proposed amendment.(f) If the owner or operator files an objection or, after a meeting held pursuant to (c)(4)c., above, objects to the proposed amendment, the department shall either: (1) Not amend the permit and notify the owner or operator if the source might be in violation of the permit or applicable regulation; or(2) If the department believes the amendment is necessary to ensure compliance, commence an adjudicative proceeding in accordance with the provisions of RSA 541-A and Env-C 200 that apply to such proceedings.(g) Only those provisions of a permit for which cause to amend exists shall be affected by proceedings under this section.N.H. Admin. Code § Env-A 612.07