The department shall deny the issuance of a temporary permit or state permit to operate if, on the basis of available evidence, a determination is made that:
(a) The use of the device for which the temporary permit or state permit to operate is sought shall result in a violation of any provision of Env-A 100 et seq.;(b) The use of the device shall contribute disproportionately to pollution of the air in comparison with other similar devices able to perform the same function; or(c) The device is located in an area where air quality levels have attained the NAAQS and air pollution dispersion modeling impact analysis indicates that the device will cause significant deterioration of the existing air quality as defined in 40 CFR §51.165 (b)(2), or 40 CFR §51.166 (b)(23)(iii), in some or all of the attainment area, as determined pursuant to 40 CFR §51, Appendix W.N.H. Admin. Code § Env-A 613.02
#6057-B, eff 6-30-95 (from Env-A 607.01); ss by #7879, eff 4-26-03 (formerly Env-A 615.02); ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12