Revision to the 

New Hampshire 

State Implementation Plan 

For the 

Certification of 

Reasonably Available Control Technology 

For the 8-hour Ozone 

National Ambient Air Quality Standard 

January 2008 

Prepared by 

The New Hampshire 

Department of Environmental Services 

~ NEW HAMPSHIRE 

DEPARTMENT OF 

Environmental 

Services 
Table of Contents 

1 .0 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 

2 .0 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

3 .0 8-hour Ozone RACT SIP Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

3 .1 . Source Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

3 .2 . Affected Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

3 .3 . Negative Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

3 .4 . Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 

3 .5 . Compliance and Enforcement Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

4.0 Additional Control Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

5 .0 Administrative Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 

Appendix A List of Source Categories 

Appendix B List of RACT Orders 

Appendix C List of Affected NOx and VOC Sources and Associated 

Emissions 

Appendix D Public Notice for SIP Revision 

Appendix E Evidence of Legal Authority 

Appendix F Certification of Public Hearing 

Appendix G Public Comments and NH DES Response 
RACT SIP Revision Page 1 

NH DES January 2008 

1 .0 Summary 

The New Hampshire Department of Environmental Services (NH DES) is submitting this 

state implementation plan (SIP) revision to meet the requirements of the Clean Air Act 

(CAA) Section 172(c)(1), CAA Section 182(b)(2), CAA Section 184(b)(1)(B) and 40 

CFR 51 .912 to certify reasonably available control technology (RACT) requirements . 

NH DES submits this in accordance with these requirements, the general SIP submittal 

requirements of 40 CFR Part 51 Appendix V, and guidance provided by the U.S . 

Environmental Protection Agency (US EPA).' 

In this submittal, NH DES certifies that the RACT regulations originally submitted under 

the provisions for the 1-hour ozone National Ambient Air Quality Standard (NAAQS) 

with a few minor revisions over the years and all RACT Orders that have been issued by 

NH DES are considered to be RACT under the new 8-hour ozone NAAQS. Note that in 

2002, NH DES updated the nitrogen oxide (NOx) RACT requirements for gas-fired 

turbines constructed after May 27, 1999, because NH DES found that facilities with new 

turbines were obtaining manufacturer guarantees with NOx emission limitations lower 

than the current RACT limits . The new emission limitation is only applicable to new 

turbines, because currently it is not economically feasible for existing turbines to meet 

this more stringent limit. Therefore, NH DES considers this new regulation for turbines 

as RACT. In addition, NH DES submitted revised portions of Env-A 1204 and Env-A 

1211 to EPA for SIP approval on July 9, 2007. Note that Env-A 1205, VOC: Gasoline 

Dispensing Facilities and Cargo Trucks, was approved by EPA in 1998. Subsequently, 

this rule was superseded by Env-Wm 1404 in 2004. However, DES is again considering 

further revision of this rule in accordance with the discussions of the Northeast States for 

Coordinated Air Use Management (NESCAUM) Stage II workgroup addressing 

widespread use of Onboard Refueling Vapor Recovery (ORVR) and the potential 

elimination of Stage II in New Hampshire. Therefore, NH DES is withdrawing the 2004 

version of this rule and plans to submit a revision addressing widespread use later this 

year. 

On September 15, 2006, NH DES published in a statewide newspaper a public notice 

soliciting comment and announcing a public hearing for this SIP Revision. The public 

hearing was held on October 20, 2006 at the NH DES offices at 29 Hazen Drive. NH 

DES has documented and reviewed the comments received and provided a response in 

Appendix G. NH DES amends the proposed SIP Revision submitted in September 2006 

and resubmits it, with the additional documentation required to certify the SIP submittal. 

2.0 Background 

On July 18, 1997, the US EPA adopted a new 8-hour ozone NAAQS. The new 8-hour 

ozone NAAQS is 0.08 parts per million (ppm) based on the 3-year average of the annual 

fourth-highest daily maximum 8-hour average ozone concentrations measured at each 

' Memorandum from William Harnett, Director, Air Quality Policy Division, EPA to Regional Air Quality 

Directors, US EPA dated May 18, 2006. 
RACT SIP Revision Page 2 

NH DES January 2008 

monitor. One of the strategies NH DES has used to attain and maintain the ozone 

NAAQS is to require stationary sources of air pollution to reduce volatile organic 

compound (VOC) and nitrogen oxide (NOx) emissions. Ozone is not typically emitted 

directly into the atmosphere; instead NOx and VOC emissions chemically react to form 

ground-level ozone. 

In the past 3 years (2003 - 2005), New Hampshire did not exceed the new 8-hour ozone 

NAAQS. Based on this monitored data, NH DES does not need to require additional 

emission reductions in order to attain and maintain the new 8-hour ozone NAAQS. 

According to the "Final Rule to implement the 8-hour Ozone National Ambient Air 

Quality Standard" (70 FR 71612, November 29, 2006), states must develop and submit 

the following SIP revisions related to the new 8-hour ozone NAAQS: 

" Attainment demonstration 

" RACT determination. 

With the new 8-hour ozone NAAQS, the US EPA classified the nonattainment areas 

based on measured design values and then further divided the areas into two subclassifications based on the 1-hour ozone design value (the fourth highest daily maximum 

ozone level (in ppm) monitored over the 3 year period (2001-2003)) as listed below: 

" Subpart 1 for areas where the 1-hour ozone design value is less than 0.121 ppm; 

and 

" Subpart 2 for areas where the 1-hour ozone design value is greater than 0.121 

ppm. 

The 1-hour ozone design value for 2001 to 2003 for the Boston-Manchester-Portsmouth, 

NH area is 0.124 ppm . This area includes portions of Hillsborough, Merrimack, 

Rockingham, and Strafford Counties . On April 30, 2004 (69 FR 23951), the US EPA 

designated these counties as a moderate nonattainment area for the 8-hour ozone 

NAAQS, even though no New Hampshire monitor had an 8-hour ozone design value 

equal to or greater than 0.092 ppm. NH DES agreed to the higher classification for 

regional consistency. 

The 1990 Clean Air Act Amendments (CAAA) under Section 184 created the Ozone 

Transport Region (OTR) consisting of Connecticut, Delaware, District of Columbia, 

Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, northern 

Virginia, Pennsylvania, Rhode Island, and Vermont. The OTR is required to meet certain 

requirements, including additional control measures, more stringent major source 

emission thresholds, and the implementation of RACT throughout the region . 

According to the "Final Rule to Implement the 8-hour Ozone National Ambient Air 

Quality Standard" (70 FR 71612, November 29, 2006), Subpart 2 moderate and above 

areas and areas within the OTR are required to submit a RACT SIP. The State's SIP 

must assure that RACT is met through certification that previously required RACT 
RACT SIP Revision Page 3 

NH DES January 2008 

controls represent RACT for 8-hour ozone NAAQS implementation purposes or through 

a new RACT determination. 

The federal provisions require the application of RACT to major NOx and VOC sources 

and VOC sources for which a Control Technique Guideline (CTG) or Achievable Control 

Technology (ACT) document is published. The major source emission threshold is 

dependent upon the attainment/nonattainment classification and location in the OTR. 

The federal requirement for the emission threshold for major NOx sources in New 

Hampshire under the 8-hour ozone NAAQS is 100 tons per year (tpy) statewide because 

the minimum federal emission threshold in the OTR is 100 tpy and also is 100 tpy in a 

moderate 8-hour ozone nonattainment area. The federal emission threshold for major 

VOC sources under the 8-hour ozone NAAQS is 50 tpy statewide because the minimum 

federal emission threshold in the OTR is 50 tpy even though the federal emission 

threshold for moderate 8-hour ozone nonattainment areas is 100 tpy. For RACT 

applicability purposes, NH DES is currently more stringent than the federal emission 

threshold requirements under the 8-hour ozone NAAQS because NH DES currently uses 

the emission thresholds that NH DES adopted for the 1-hour ozone NAAQS, which were 

more stringent than required at that time as well . NH DES imposes RACT requirements 

on NOx sources with potential emissions equal to or greater than 50 tpy and on VOC 

sources with potential emissions equal to or greater than 10-50 tpy depending upon the 

source category . 

RACT is defined as the application of a control technology that is reasonably available 

and economically and technically feasible . As recommended by the US EPA, NH DES 

used the 1-hour ozone RACT regulations and RACT Orders as the basis for conducting 

the 8-hour ozone SIP determination. 

3.0 8-hour Ozone RACT SIP Determination 

On May 18, 2006, the US EPA issued guidance on RACT in the form of a questions and 

answers document. States must certify RACT by reviewing all source categories for 

which either a Control Technique Guideline (CTG) or an Alternative Control Technique 

(ACT) document have been published, and for all major non-CTG sources. States must 

review the CTG and ACT documents as well as other available guidance to determine 

whether current levels of controls are RACT . 

To certify RACT, NH DES followed the general approach outlined below : 

. 

. 

Develop a list of source categories based on the ACT/CTG documents ; 

Develop a list of source-specific RACT Orders for miscellaneous or multicategory source or sources seeking alternative RACT limits ; 

Develop a list of affected VOC and NOx sources and emissions over time ; 

Make a negative declaration for any source categories not present in New 

Hampshire; 

Certify RACT; and 

Indicate compliance and enforcement strategies . 
RACT SIP Revision Page 4 

NH DES January 2008 

3.1 . Source Categories 

To certify RACT. NH DES first developed a list of source categories based on the ACT 

and CTG documents and determined which state regulation was adopted for each source 

category as shown in Appendix A. Note that NH DES originally adopted these 

regulations for the applicable source categories to meet RACT for the 1-hour ozone 

NAAQS . In 2002, NH DES readopted these regulations and updated the NOx regulation 

with respect to new turbines. On July 9, 2007, NH DES submitted revised portions of 

Env-A 1204 and Env-A 1211 to EPA for approval. NH DES also developed sourcespecific RACT Orders as summarized in Appendix B . All of the sources for which 

RACT orders were developed or to which a specific RACT regulation is applicable are 

included in Appendix C . Env-A 1204.05 includes provisions for sources to obtain a VOC 

RACT Order if the facility wants to seek alternative VOC RACT emission limitations or 

control technology requirements, or the VOC source is a multi-category source or in the 

miscellaneous category. Similarly for NOx sources, a facility may obtain a NOx RACT 

Order pursuant to Env-A 1211 .18 if the source falls under the miscellaneous source 

category pursuant to Env-A 1211 .14 or seeks alternative RACT emission limitations 

pursuant to Env-A 1211 .15 . 

3.2 . Affected Sources 

NH DES developed a list as shown in Appendix C of VOC and NOx sources for which 

RACT is applicable, that is, those sources with potential emissions exceeding 50 tons of 

NOx per year or, depending upon the source category, 10-50 tons of VOC per year. 

These lists also show the actual NOx emissions for these NOx sources and the actual 

VOC emissions for the VOC sources. Figures 1 and 2 show the NOx and VOC 

emissions from these RACT sources for 1990, 1996, 1999, and 2002. Emission data for 

2005 have not been finalized yet and thus was not included in this SIP revision . As 

shown, the NOx and VOC emissions have decreased over time, either as a result of the 

application of RACT, the installation of controls to meet other emission reduction 

requirements, or facility shutdowns. Actual VOC emissions from these RACT sources 

have decreased from 2,805 tpy in 1990 to 1,153 tpy in 2002. Similarly, actual NOx 

emissions from these sources have decreased from 41,300 tpy in 1990 to 9,450 tpy in 

2002. 
RACT SIP Revision Page 5 

NH DES January 2008 

Figure 1 . New Hampshire NOx RACT Source Emissions 

1990-2002 

45,000 

40,000 

35,000 

30,000 

a 

25,000 

c 

0 

h 

w 

20, 000 

15,000 

10,000 

5,000 

1990 1996 1999 2002 

Year 

Figure 2. New Hampshire VOC RACT Source Emissions 

1990 - 2002 

3,000 

2,500 

2,000 

31 

a 

0 1,500 

_N 

E 

© 

1,000 

500 

1990 1996 1999 2002 

Year 
RACT SIP Revision Page 6 

NH DES January 2008 

3.3. Negative Declaration 

NH DES did not adopt a RACT regulation for the following source categories and hereby 

declares that no such major sources or sources for which RACT is applicable are present 

in New Hampshire. This declaration is based on periodic field inspections, a 

comprehensive air permitting program, and a search, by SIC code of data bases 

maintained both by NH DES and by the New Hampshire Manufacturers' Association. 

NH DES conducted inspections at specific facilities that potentially matched the 

applicable SIC codes, but NH DES found that RACT is not applicable . 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

Refinery Vacuum Producing Systems, Wastewater Separators, and 

Process Unit Turnarounds 

Surface Coating of Large Appliances 

Factory Surface Coating of Flat Wood Paneling 

Volatile Organic Compound Leaks from Petroleum Refinery Equipment 

Manufacture of Synthesized Pharmaceutical Products 

Manufacture of Pneumatic Rubber Tires 

Large Petroleum Dry Cleaners 

Manufacture of High-Density Polyethylene, Polypropylene, and 

Polystyrene Resins 

Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline 

Processing Plants 

Volatile Organic Compound Fugitive Emissions from Synthetic Organic 

Chemical Polymer and Resin Manufacturing Equipment 

Volatile Organic Compound Emissions from Air Oxidation Processes in 

Synthetic Organic Chemical Manufacturing Industry (SOCMI) 

SOCMI Distillation and Reactor Processes 

Shipbuilding and Ship Repair Operations (Surface Coating) 

Aerospace Coatings 

Plywood Veneer Dryers 

Halogenated Solvent Cleaners 

Organic Waste Process Vents 

Polystyrene Foam Manufacturing 

Bakery Ovens 

Industrial Wastewater 

Application of Agricultural Pesticides 

Batch Processes 

Nitric and Adipic Acid Manufacturing Plants 

Process Heaters 

Cement Manufacturing 

Glass Manufacturing 

Iron and Steel Manufacturing 
RACT SIP Revision Page 7 

NH DES January 2008 

3.4. Certification 

As discussed in Section 2.0, New Hampshire is now monitoring attainment for the 8-hour 

ozone NAAQS statewide based on data for 2003 through 2005 . As such, these 

monitoring data indicate that NH DES does not currently need additional NOx and VOC 

emission reductions since the 8-hour ozone NAAQS has been met. Over time, however, 

New Hampshire may need additional reductions to maintain this standard, and NH DES 

will address such reductions in the attainment plan or other SIP revisions, if necessary. 

NH DES certifies that the current VOC and NOx RACT regulations are RACT under the 

8-hour ozone NAAQS. This RACT certification is based on the fact that additional 

controls are not economically feasible at this time. In addition, current ozone monitoring 

data show that New Hampshire does not currently need additional emission reductions. 

NH DES also certifies that the current RACT regulations are RACT because NH DES 

developed regulations for each applicable source category listed in the CTG and ACT 

documents for which New Hampshire has a major source . The current RACT regulations 

are either as stringent as or more stringent than the requirements in the CTG and ACT 

documents issued as of September 2006 . In 2002, NH DES readopted all of the VOC and 

NOx regulations. In 2002, NH DES also updated the state NOx RACT requirements for 

gas-fired turbines constructed after May 27, 1999, because NH DES found that facilities 

with new turbines were obtaining manufacturer guarantees with NOx emission 

limitations lower than the current RACT. The new emission limitation is only applicable 

to new turbines, because currently, it is not economically feasible for existing turbines. 

Therefore, NH DES certifies that this updated regulation for turbines is RACT. In July 

2007, NH DES submitted the most recent version of the VOC and NOx regulations to the 

US EPA for approval . 

Note that Env-A 1205, YOC: Gasoline Dispensing Facilities and Cargo Trucks, was 

approved by EPA in 1998 . Subsequently, this rule was superseded by Env-Wm 1404 in 

2004. However, DES is again considering further revision of this rule in accordance with 

the discussions of the Northeast States for Coordinated Air Use Management 

(NESCAUM) Stage II workgroup addressing widespread use of Onboard Refueling 

Vapor Recovery (ORVR) and the potential elimination of Stage II in New Hampshire. 

Therefore, NH DES is withdrawing the 2004 version of this rule and plans to submit a 

revision addressing widespread use later this year. 

NH DES regulations also allow the use of source-specific RACT Orders to meet RACT 

requirements . RACT Orders are for miscellaneous VOC and NOx source categories or 

VOC and NOx multi-category sources wishing to meet the RACT Order compliance 

option . RACT Orders are also for sources seeking alternative emission limits . For the 

alternative emission limits, the sources achieve the same amount of reductions as would 

be required under the RACT regulation . The minimum VOC RACT requirements for 

miscellaneous or multi-category sources is an 81 % reduction in actual VOC emissions, a 

20% reduction from 1990 emission levels, a 3 .5 Ib VOC/gallon excluding water and 

exempt compound coating limit, or the source category specific RACT. A NOx source 

seeking an alternative emission limit must evaluate the economic and technical feasibility 
RACT SIP Revision Page 8 

NH DES January 2008 

of various NOx control options. To comply with either VOC or NOx RACT, sources 

may alternatively achieve the reduction by obtaining emission credits . For the 

miscellaneous source category and multi-category source, NH DES reviews the 

RACT/BACT/LAER clearinghouse and other state regulations to determine reasonably 

achievable emission limitations that are economically and technically feasible . 

In summary, NH DES certifies that its current RACT regulations are RACT under the 

new 8-hour ozone NAAQS. To make this determination, NH DES is not required to and 

did not need to rely upon air quality dispersion modeling. 

3 .5 . Compliance and Enforcement Strategies 

NH DES requires facilities to determine compliance with the RACT requirements. EnvA 1200 describes the specific testing and monitoring requirements for each source 

category. In general, facilities using VOC add-on control technologies must follow the 

procedures of Env-A 800 for testing capture and control efficiency. Env-A 800 also 

requires sources to conduct NOx testing every three years to determine compliance with 

the NOx RACT requirements, unless the facility employs a certified continuous 

emissions monitor . Any testing conducted at the facilities must be witnessed by NH DES 

and follow an approved protocol . Facilities complying with RACT also must meet the 

recordkeeping and reporting requirements pursuant to Env-A 900, including the submittal 

of annual emission inventories . On July 9, 2007, NH DES submitted revisions to Env-A 

800 and Env-A 900 to the US EPA for SIP approval. NH DES also monitors compliance 

with RACT requirements through permit deviation reports, Title V operating permit 

annual compliance certification reports, and periodic facility inspections . 

4.0 Additional Control Measures 

The Ozone Transport Commission is evaluating additional controls that the region and/or 

states may pursue for additional emission reductions. These measures may be more 

stringent than the basic RACT requirement or in addition to the RACT requirements . If 

NH DES chooses to adopt any of these requirements, they will be included in future SIP 

revisions. 

NH DES is also considering adopting regulations for flares, especially landfill gas flares, 

so that NH DES will not have to develop a RACT Order and submit a SIP revision for 

each new flare. 
RACT SIP Revision Page 9 

NH DES January 2008 

5.0 Administrative Materials 

This SIP submittal references the regulations that were adopted to meet RACT . 

Revisions to these regulations were most recently submitted to EPA for approval on July 

9, 2007. These regulations became effective on the dates indicated in the summary table 

in Appendix A. The evidence of the rule adoption for each regulation was included in the 

original SIP submittal for the regulations . Refer to the SIP submittal dates in Appendix 

A. Appendix D includes a copy of the public notice of the comment period and public 

hearing for this SIP revision . This public notice appeared in the Union Leader, a 

statewide newspaper, on September 15, 2006. NH DES has the legal authority to develop 

and adopt these regulations pursuant to RSA 125 C:4. Refer to Appendix E for a copy of 

this state law. The Governor has designated the Director of the Air Resources Division 

as his designee per a copy of the letter included in Appendix E. Appendices F and G 

contain the certification of the public hearing and the comments received on this SIP 

revision and NH DES' responses.