On September 11, 2012, the New Hampshire Department of Environmental Services, Air Resources Division (DES) made its final decision relative to the draft Title V Operating Permit issued to Wheelabrator Claremont Company, L.P., located at 145 Grissom Lane in Claremont, New Hampshire. In accordance with the New Hampshire Code of Administrative Rules Env-A 100 et seq., New Hampshire Rules Governing the Control of Air Pollution, DES issued a Proposed Title V Operating Permit for this facility on September 11, 2012.
Also, on September 11, 2012, this Proposed Title V Operating Permit was submitted to the United States Environmental Protection Agency, Region I (EPA) for review. Once the Proposed Title V Operating Permit has been issued, EPA has 45 days in which to object to the issuance of the proposed permit. If no objection is made by the end of the 45-day period, DES then issues a final permit identical to the proposed permit. If an objection is made, DES will follow the provisions as outlined in Env-A 609.14, Department Action Following EPA Objection.
A Proposed Title V Operating Permit represents the final action by the Director to grant a Title V Operating Permit pursuant to Env-A 622.08, Decisions. Any person aggrieved by the Director’s final action could appeal such action to the Air Resources Council (ARC) in accordance with Env-A 622.09, Appeals within 30 days of the date of this issuance (by 4:00 p.m. on Thursday, October 11, 2012).
After DES issued the Proposed Title V Operating Permit, an appeal was received by the ARC. Please refer to ARC appeal Docket No. 12-11 ARC, which can be found at http://www2.des.state.nh.us/Legal/index.htm?jump=Appeals/Air%20Resources%20Council. When the appeal was received by the ARC, DES asked EPA to suspend its 45-day review pending the outcome of the appeal.
On February 10, 2014, the ARC issued a Decision and Order on Notice of Appeal, which denied the appellant’s appeal. On March 17, 2014, the ARC denied a Motion for Reconsideration on the February 10, 2014 Decision and Order on Notice of Appeal. Therefore, DES is now requesting EPA to re-commence its 45-day review of the Proposed Title V Operating Permit, starting on April 4, 2014.
You can read the Proposed Title V Operating Permit, the Permit Application Review Summary, and the Findings of Fact and Director's Decision (which includes DES responses to public comments) by following the links listed below. Please direct any questions to Gary Milbury at (603) 271-2630 or by e-mail at email@example.com.
- Proposed Title V Operating Permit
- Permit Application Review Summary
- Findings of Fact and Director's Decision – September 11, 2012