EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL 

PROCEDURAL REQUIREMENTS 

40 CFR Part 51, Appendix V, 2.1(e) 
REQUEST FOR FISCAL IMPACT STATEMENT 
OFFICE OF LEGISLATIVE BUDGET ASSISTANT 

REQUEST FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number Rule Number Env-A 803.03, 803.04 intro., 1211 .02 

intro. & az , 1211.12, 1211 .21 

_- Z------ 

1 . Agency Name & Address : 2. RSA Authority : 

3 . Federal Authority : 

Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

4. Type of Action: 

Adoption 

Amendment ' 

Repeal 

Readoption 

Readoption w/amendment 

Interim rule . 

Have the rules expired? 

Date Expired: 

5. 

6. Short Title: AUXILIARY BOILERS 

RSA 125-C :4,I(a) & (k) 

42 U.S.C. §§ 7410, 7502(c), & 

7511c 

x 

x 

Yes 0 No® 

7. Contact Person : 

Name: Barbara Hoffman Title : SSMB Planning Manager 

Address: Dept. of Environmental Services Phone #: (603) 271-7874 

P.O. Box 95 Fax #: (603) 271-8805 Concord, NH 03302-0095 

(e) Please provide the . following information and attach additional sheets if necessary: 

(1) Summarize the rule. 

Several rules are being amended to correct an oversight with respect to small auxiliary boilers, those with a heat 

input rate of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per hour. Currently, auxiliary boilers 

of this size are required to perform compliance stack testing every three years. Utility boilers, steam electric 

boilers, or industrial boilers of this size are allowed to perform an efficiency test, make annual adjustments to 

the combustion process, and perform gaseous concentration measurements, in lieu of compliance stack testing . 

If adopted, the proposed amendments will allow small auxiliary boilers to perform the same testing activities 

required of other, similar-sized boilers . Another change with respect to auxiliary boilers is that Env-A 

1211 .12(c) is being deleted, so that if such a boiler emits more than 50 tons per year of nitrogen oxides (NOx), 

it will be required to continue meeting the emission limit for auxiliary boilers instead of becoming subject to the 

limits for industrial boilers, which are more lenient for oil-fired boilers . In addition, the definition of 

"theoretical potential NOx emissions" is being moved from Env-A 101 to Env-A 1211, the only part in which 

the term is used, and is being amended since it currently refers to a defcnition that has been repealed. The 

Department is proposing to delete Env-A 1211 .21(b), which requires the installation and operation of a 

continuous emission monitoring system (CEMS) on all utility boilers, regardless of size. Small boilers, 

especially those not operated continuously, do not need to be monitored continuously, and other existing rules 

currently require CEMS on larger boilers and give the Department the authority to require CEMS if necessary. 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2 

(2) Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, 

then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law 

that is instigating this rule. 

The costs are attributable to the rule. The amendments are authorized by RSA 125-C:4(k). 

(3) Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule . 

The proposed amendments may reduce the costs of monitoring small auxiliary boilers compared to the existing 

rules. The existing rules require a stack test every three years. These tests cost between $4,000 to $5,000. 

The proposed rule would substitute an annual efficiency test, adjustments to the combustion process, and 

gaseous concentration measurements. These requirements cost approximately $1,250 . The deletion of Env-A 

1211 .12(c) will not increase the cost of the rule, since the four largest auxiliary boilers in the state, which are 

oil-fired and have the greatest potential to emit more than 50 tons of NOx per year, easily meet the NOx limit 

of 0.20 Ib. per million Btu, as required by Env-A 1211 .12(b) . None of the other proposed changes have a cost 

differential. 

(4) Describe the costs and benefits to the state general fund which would result from this rule . 

The proposed rule will not have any effect on the state general fund. 

(5) Explain and cite the federal mandate for the proposed rule, if there is such a mandate. How would the mandate 

affect state funds? 

The existing rules in Env-A 803 and 1211 are required by the federal Clean Air Act. The proposed 

amendments are not mandated by the Act, but seek to correct an inequity in the existing rules with respect to 

small auxiliary boilers. No state funds are affected by the proposed amendments. 

(6) Describe the cost and benefits to any state special fund which would result . 

The proposed rule will not have any effect on any state special fund. 

(7) Describe the costs and benefits to the political subdivisions of the state. 

No political subdivisions own or operate any auxiliary boilers subject to these amendments. Therefore, there 

are no costs to political subdivisions of the state as a result of the proposed rule . 

(8) Describe the costs and benefits to the citizens of the state. 

There are no costs to the citizens of the state as a result of the proposed rule. 

(9) Describe the costs and benefits to any independently owned business, including a description of the specific 

reporting and recordkeeping requirements upon those employing fewer than 10 employees. 

. ,- _ 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 3 

The proposed amendments will impose no new costs on any independently owned business and may lower 

costs for owners of small auxiliary boilers . No new or additional recordkeeping or reporting requirements are 

being proposed. 
Added language in bold italics; Initial Proposal 7-30-04 1 

deleted language stmek Offetigl} 

Readopt with amendments Env-A 803.03, effective 10-31-02 (Document #7788), by inserting 

a new paragraph (e), to read as follows : 

Env-A 803 .03 Testingz for Small Boilers and Emergency Generators. An owner or 

operator of any of the following boilers or emergency generators shall comply with the 

requirements of Env-A 803 .04 and Env-A 807.03 : 

(a) Utility boilers subject to Env-A 1211 .03(b) with heat input rates of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour; . 

(b) Steam electric boilers subject to Env-A 1211 .04(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; 

(c) Industrial boilers subject to Env-A 1211 .05(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; and 

(d) Emergency generators subject to Env-A 1211 .11(s}; and 

(e) Auxiliary boilers subject to Env A 1211.12(b) with -heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 ,Btu per hour. 

Amend Env-A 803.04 introduction, effective 10-31-02 (Document #7788), cited and to read 

as follows: 

Env-A 803 .04 Gaseous Concentration Measurements for Small Boilers and Emergency 

Generators. Following the performance of tuneup activities as specified in Env-A 1211, the 

owner or operator of a small boiler or an emergency generator as specified in Env-A 803 .03 shall 

perform applicable gaseous concentration measurements for nitrogen oxides (NOx), carbon 

monoxide (CO), and oxygen (OZ) a) as specified below: 

Readopt with amendments and renumber Env-A 101.276, effective 5-1-97 (Document 

#6506-A), to Env-A 1211 .02(az) and renumber the existing paragraph (az) as (ba) and so 

forth, so that Env-A 1211 .02 introduction and paragraph (az) read as follows : 

Env-A 1211 .02 Definitions . For the purposes of this part, the following definitions shall 

apply: 

(az) E y " 101 .2 76 "Theoretical potential NO* emissions" means the 

quantity of nitrogen oxides that would -eee could be emitted by a source, prior to the 

application of add-on controls, based on either of the following : 

(1) Continuous operation of 8760 hours per year 

.. defined : ., E., ., n , ~nn at the maxiniune heat input rate of the source; or 

(2) Hours of operation, °" oi process conditions, or both ifteluding-epe~g 

rates that are limited by the conditions of a federally enforceable permit ; 

Readopt with amendments Env-A 1211.12 and Eny-A 1211 .21, effective 10-31-02 (Document 

#7788), to read as follows: 

Env-A 1211 .12 Emission Standards for Auxiliary Boilers . 
Added language in bold italics; Initial Proposal 7-30-04 2 

deleted language '^u^k d 

(a) All An auxiliary boilers meeting the applicability criteria of Env-A 1211 .01(k) shall be 

subject to the provisions of this section . 

(b) An owner or operator of an auxiliary boiler with a heat input rate of at least 

5,000,000 But per hour but less than 50,000,000 Btu per hour shall contply with the 

requirentents of Env A 1211.05(b). 

(bc) An Aauxiliary boilers in existence on or after May 31, 1995, with a heat input rate of 

at least 50, 000,000 Btu per hour, shall be limited at all times to a NOx RACT emission limits no 

greater than 0.20 Ib. per million Btu based on a 24-hour calendar day average, regardless of the 

type of fuel burned. 

(d) The emissions from all auxiliary boilers shall be included in the calculation of both the 

actual and theoretical potential emissions from the stationary source . 

(e) Compliance with the NOx RACT emission standards specified in this section shall be 

determined by the testing methods in Env-A 800 and, if applicable, by a CEM system for NOx 

required by Env-A 600 or Env-A 1211 .21 . 

(f) The recordkeeping and reporting_ requirements for auxiliary boilers shall be in 

accordance with the provisions of Env-A 903, Em7-A 905, and Env-A 909, respectively. 

Env-A 1211 .21 NOx Monitoring Requirements. The division shall require installation, 

operation, maintenance, and quality assurance testing of a CEM system for NOx which meets all 

of the requirements specified in Env-A 800 if any of the following conditions-exist : 

(a) A source utilizes air pollution control equipment in order to maintain compliance with 

a NOx emission limit, and continuous emission monitoring is determined by the division to be 

necessary to ensure that this emission limit is not exceeded and that the control equipment is 

performing correctly; 

(be) Any stationary source is subject to the CEM provisions of Env-A 800; 

(cd) Amy stationary source or device generating generates emissions credits for the 

purpose of emission averaging pursuant to Env-A 1211 .16 ; or 

(de) Any stationary source or device uses seasonal emission 

control techniques, in accordance with Env-A 1211 .19, in order to comply with NOx RACT. 
FISCAL IMPACT STATEMENT 
LBAO 

FIB 04:149 

812104 

-Fiscal Impact Statement for Department of Environmental Services rules governing Auxiliary 

Boilers. [Env-A 803 .03, 803 .04 intro., 1211 .02 intro. S (az), 1211 .12 and 1211 .21) 

1 . Comparison of the costs of the proposed rule(s) to the euisting .rule(s) : 

The proposed amendments may reduce the costs of monitoring small auxiliary boilers 

compared to the existing rules. 

~ 2.~ Glte -the Federal mandate. Identify the impact on state funds: 

The existing rules in Env-A 803 and 1211 are required by the federal Clean Air Act. The 

proposed arimendrrients are not mandated by the Act, but seek to- correct an inequity in 

tho oxisting ruler. with respect to small auxiliary boiters . No state funds are affected by 

the proposed amendments. 

3. Cost end benefits. of the proposed rule(s): 

The proposed amendments may reduce the costs of monitoring small auxiliary boilers. 

A. To State general or state special funds: 

None. 

B. To State citizens and political subdivisions : 

None. 

C. To independently owned bus1nesses: 

The cur,rent:rules require a stack test every three years. These tests cost between 

$4,000 to $5,000. The proposed rule would substitute an annual efficiency test, 

adjustments to the combustion process, and gaseous concerntration measurements. 

These requirements cost approximately $1,250. 
RULEMAKING NOTICE FILING 
RULEMAKING NOTICE FORM 

Notice Number 

1 . Agency Name & Address: 

Dept. of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

5. Short Title: AUXILIARY BOILERS 

Rule Number Env-A 803 .03, 803 .04 intro ., 1211 .02 

intro. & (az), 1211 .12, 1211 .21 

2. RSA Authority : RSA 125-C :4,I(a) & (k) 

3 . Federal Authority: 42 U.S .C . §§ 7410, 7502(c), 

& 7511c 

4. Type of Action: 

Adoption 

Amendment x 

Repeal 

Readoption 

Readoption w/amendment 

6, (a) Summary of what the rule says and the effect of the rule on those regulated: 

x 

Several rules are being amended to correct an oversight with respect to small auxiliary boilers, 

those with a heat input rate of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per 

hour. Currently, auxiliary boilers of this size are required to perform compliance stack testing 

every three years. Utility boilers, steam electric boilers, or industrial boilers of this size are 

allowed to perform an efficiency test, make annual adjustments to the combustion process, and 

perform gaseous concentration measurements, in lieu of compliance stack testing . If adopted, the 

proposed amendments will allow owners and operators of small auxiliary boilers to perform the 

same testing activities required of other, similar-sized boilers . Another change with respect to 

auxiliary boilers is that Env-A 1211 .12(c) is being deleted, so that if such a boiler emits more than 

50 tons per year of nitrogen oxides (NOx), it will be required to continue meeting the emission 

limit for auxiliary boilers instead of becoming subject to the limits for industrial boilers, which 

are more lenient for oil-fired boilers . In addition, the definition of "theoretical potential NOx 

emissions" is being moved from Env-A 101 to Env-A 1211, the only part in which the term is 

used, and is being amended since it currently refers to a definition that has been repealed. The 

Department is proposing to delete Env-A 1211 .21(b), which requires the installation and 

operation of a continuous emission monitoring system (CEMS) on all utility boilers, regardless of 

size. Small boilers, especially those not operated continuously, do not need to be monitored 

continuously, and other existing rules currently require CEMS on larger boilers and give the 

Department the authority to require CEMS on other utility boilers if necessary. 

6. (b) Brief description of the groups affected : 

Owners and operators of auxiliary boilers and utility boilers . 
RULEMAKING NOTICE FORM - Page 2 

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended 

to implement: 

Provision of the Proposed Rule Specific Section of State or Federal Statute or 

Regulation which the Rule Is Intended to 

Implement 

Env-A 803.03, 803.04 intro. RSA 125-C:6, XI; 42 U.S .C. 7410 & 7502(c) 

Env-A 1211.02 intro. & (az), 1211 .12, RSA 125-C:4,1(a); 42 U.S .C. §§ 7410,7502(c), 

1211 .21 & 7511c 

7. Contact person for copies and questions including requests to accommodate persons with disabilities : 

Name: Barbara Hoffman 

Address : Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

The proposed rules can be viewed and 2964 or dial 711 (in NH) 

downloaded at 

http ://www .des .state .nh.us/ard/prpsdrul .htm 

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified : October 25, 2004, at 4 :00 p.m. 

®Fax 

9. Public hearing scheduled for: 

®E-mail 

Title: 

Phone #: 

Fax#: 

E-mail: 

SSMB Planning Manager 

(603)271-7874 

(603)271-7053 

bhoffman@des.state.nh.us 

TTY/TDD Access : Relay NH 1-800-735- 

DOther format (specify): 

Date and Time: Thursday, October 14, 2004, 9:30 a.m. 

Place: 29 Hazen Drive, Concord, NH Room 114 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FIS # 04:149 , dated August 2, 2004 

See Attached. 
RULEMAKING NOTICE FORM - Page 3 

11 . Statement Relative to Part 1, Article 28-a of the N.H. Constitution : 

No political subdivisions own or operate any auxiliary boilers subject to these amendments. Therefore, 

the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution, because they 

do not assign any new, modified, or expanded programs or responsibilities to political subdivisions of 

the state . 
L8A0 

FIS 04:149 

BI2104 

-Fiscal Impact Statement for Department of Environmental Services rules governing Auxiliary 

Boilers. [Env-A 803.03, 803.04 intro.,1211 .02 Intro. & (az), 1211 .12 and 1211,21] 

1 . Comparison of the costs of the proposed rule(s) to the existing .ruie(s) : 

The proposed amendments may reduce the costs of monitoring small auxiliary boilers 

compared to the existing rules . 

~ 2.' Cite -the Federal mandate. Identify the impact on state funds: 

The existing r,uies in Env-A 803 and 1211 are required by the federal Clean Air Act. The 

proposed arimendnients are not mandated by the Act, but seek to correct an Inequity in 

tho sxisting ruler. with rosp®ct to small auxiliary boiiers . No state funds are affected by 

the proposed amendments. 

3. Cost and benefits. of the proposed rule(s): 

The proposed amendments may reduce the costs of monitoring small auxiliary boilers . 

A. To State general or State special funds: 

None. 

B. To State citizens and political subdivisions : 

None. 

C. To independently owned businesses: 

The cuirent:rules require a stack test every three years. These tests cost between 

$4,000 to $5,000. The proposed rule would substitute an annual efficiency test, 

adjustments to the combustion process, and gaseous concentration measurements. 

These requirements cost approximateiy, $1,250 . 
Added language in bold italics; Initial Proposal 7-30-04 1 

deleted language *~-~~^'~~ }-augn 

Readopt with amendments Env-A 803 .03, effective 10-31-02 (Document #7788), by inserting 

a new paragraph (e), to read as follows: 

Env-A 803 .03 Testing for Small Boilers and Emergency Generators . An owner or 

operator of any of the following boilers or emergency generators shall comply with the 

requirements of Env-A 803 .04 and Env-A 807 .03 : 

(a) Utility boilers subject to Env-A 1211 .03(b) with heat input rates of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour; 

(b) Steam electric boilers subject to Env-A 1211 .04(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; 

(c) Industrial boilers subject to Env-A 1211 .05(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; and 

(d) Emergency generators subject to Env-A 1211 .11(-.); and 

(e) Auxiliary boilers subject to Env-A 1211.12(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour. 

Amend Env-A 803.04 introduction, effective 10-31-02 (Document #7788), cited and to read 

as follows : 

Env-A 803 .04 Gaseous Concentration Measurements for Small Boilers and Emerizency 

Generators. Following the performance of tuneup activities as specified in Env-A 1211, the 

owner or operator of a small boiler or an emergency generator as specified in Env-A 803 .03 shall 

perform applicable gaseous concentration measurements for nitrogen oxides (NOx), carbon 

monoxide (CO), and oxygen (OZ) ~.3 as specified below: 

Readopt with amendments and renumber Env-A 101.276, effective 5-1-97 (Document 

#6506-A), to Env-A 1211.02(az) and renumber the existing paragraph (az) as (ba) and so 

forth, so that Env-A 1211.02 introduction and paragraph (az) read as follows : 

Env-A 1211 .02 Definitions. For the purposes of this part, the following definitions shall 

apply: 

(aZ) En- "0i.276 "Theoretical potential NO* emissions" means the 

quantity of nitrogen oxides that weuld eeeuf could be emitted by a source, prior to the 

application of add-on controls, based on either of the following : 

(1) Continuous operation of 8760 hours per year 

at the maximum heat input rate of the source; or 

(2) Hours of operation, r~ process conditions, or both ine'"" ai ^ ^r°rati~ 

nAes that are limited by the conditions of a federally enforceable permit; 

Readopt with amendments Env-A 1211 .12 and Env-A 1211 .21, effective 10-31-02 (Document 

#7788), to read- as follows : 

Env-A 1211 .12 Emission Standards for Auxiliary Boilers. 
Added language in bold italics; Initial Proposal 7-30-04 2 

deleted language stfuek dffettgl3 

(a) A14 An auxiliary boilers meeting the applicability criteria of Env-A 1211 .01(k) shall be 

subject to the provisions of this section . 

(b) An owner or operator of an auxiliary boiler with a heat input rate of at least 

5,000,000 Btu per hour but less titan 50,000,000 Btu per hour shall comply with the 

requirements of Env A 1211.05(b). 

(bc) An z4auxiliary boilers in existence on or after May 31, 1995, with a heat input rate of 

at least 50,000,000 Btu per hour, shall be limited at all times to a NOx RACT emission limits no 

greater than 0 .20 lb . per million Btu based on a 24-hour calendar day average, regardless of the 

type of fuel burned. 

(d) The emissions from all auxiliary boilers shall be included in the calculation of both the 

actual and theoretical potential emissions from the stationary source. 

(e) Compliance with the NOx RACT emission standards specified in this section shall be 

determined by the testing methods in Env-A 800 and, if applicable, by a CEM system for NOx 

required by Env-A 600 or Env-A 1211 .21 . 

(f) The recordkeeping and reporting requirements for auxiliary boilers shall be in 

accordance with the provisions of Env-A 903, Env-A 905, and Env-A 909, respectively. 

Env-A 1211 .21 NOx Monitoring Requirements. The division shall require installation, 

operation, maintenance, and quality assurance testing of a CEM system for NOx which meets all 

of the requirements specified in Env-A 800 if any of the following conditions exist: 

(a) A source utilizes air pollution control equipment in order to maintain compliance with 

a NOx emission limit, and continuous emission monitoring is determined by the division to be 

necessary to ensure that this emission limit is not exceeded and that the control equipment is 

performing correctly; 

(be) Any stationary source is subject to the CEM provisions of Env-A 800; 

(cd) Any stationary source or device genefutin g generates emissions credits for the 

purpose of emission averaging pursuant to Env-A 1211 .16 ; or 

(de) Any stationary source or device uses seasonal emission 

control techniques, in accordance with Env-A 1211 .19, in order to comply with NOx RACT. 
Appendix 

Provision of the Proposed . Specific Section of State or Federal 

Rule Statute or Regulation which the Rule Is 

Intended to Implement 

Env-A 803 .03, 803.04 intro . RSA 125-C :6, XI; 42 U.S.C. §§7410 & 

7502(c) 

Env-A 1211 .02 intro. & (az), 1211 .12, RSA 125-C:4,I(a); 42 U.S .C . §§ 7410, 

1211 .21 7502(c), & 7511c 
RULEMAKING REGISTER 
RULEMAKING REGISTER 

OFFICE OF LEGISLATIVE SERVICES 

ROOM 219, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301-6312 

Tel . (603) 271-3680 TDD Access: 

Fax (603) 271-7871 Website: www.gencourt .state .nh .us/rules/index .html Relay NH 1-800-735-2964 

VOLUME XXIV, Number 37, September 10, 2004 

TABLE OF CONTENTS 

1 . OFFICE OF LEGISLATIVE SERVICES Page No . 

a. List of Notices of Proposed Rules NN 2004-138 through NN 2004-143 

and Proposed Interim Rules INT 2004-22 through INT 2004-24 -ib. Notices of Proposed Rules and Proposed Interim Rules 1 

c. List of Adopted Rules 28 

2. COMMITTEE (JLCAR) 

Meeting Date(s) : 

REGULAR MEETING: Monday, September 20, 2004 9:30 a.m.~ 

(Changed from September 16"') 

Rooms 306/308, Legislative Office Building 

CONTINUED MEETING: Thursday, September 30, 2004 9:00 a.m. 

Rooms 306/308, Legislative Office Building 

a. Certified Final Objection Re: 24 

DEPARTMENT OF HEALTH & HUMAN SERVICES 

Former Division of Human Services 

Outpatient Hospital Emergency Department Co-payments (FP 2004-36) 

b. List of Final Proposals/Proposed Interim Rules for Review 26 
NEW HAMPSHIRE RULEIVIAKING REGISTER 

Notices of Proposed Rules 

Notice 

Number Rule Number Agency and Short Title of Rule Page No. 

2004-138 Ed 508 .06(c) & Board of Education 1 

602.07(b) Fees for Certification, Formal Application Fee. 

2004-139 Env-A 101 various Department of Environmental Services 3 

sections Division of Air Resources 

Air Definition Amendments. 

2004-140 Env-A 803.03, 803 .04 Department of Environmental Services 6 

intro., 1211 .02 Division of Air Resources 

intro. & (az), Auxiliary Boilers. ' 

1211 .12 & 1211 .21 

2004-141 Puc 500 Public Utilities Commission 8 

Rules for Gas Service . 

2004-142 Puc 1100 Public Utilities Commission 11 

Rules for Steam Utilities . 

2004-143 Puc 1400 Public Utilities Commission 13 

Rules for Pipeline Utilities. 

Notices of Proposed Interim Rules 

Interim 

Notice 

Number Rule Number Agency and Short Title of Rule Page No, 

(IIVT 2004-22) Saf-C 200 Department of Safety, Commissioner 15 

Procedural and Hearings Rules. 

(INT 2004-23) Saf-C 1800 Department of Safety, Commissioner 19 

Commercial Driver Licensing Rules. 

(INT 2004-24) Saf-C 6000 various Department of Safety, Commissioner 22 

sections Various State Fire Code Rules. 
NEW HAMPSHIRE RULEMAKING REGISTER September 10, 2004 Page 6 

Notice Number 2004-140 Rule Number Env-A 803.03, 803.04 intro., 1211 .02 

intro. & (az),1211.1 221211 .21 

1 . Agency Name & Address: 

Dept. of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. RSA Authority: RSA 125-C:4,I(a) & (k) 

3. Federal Authority: 42 U.S.C. §§ 7410, 7502(c), 

& 7511c 

Readoption w/amendment x 

4. Type of Action: 

Adoption 

Amendment x 

Repeal 

Readoption 

5 . Short Title: AUXILIARY BOILERS 

6. (a) Summary of what the rule says and the effect of the rule on those regulated : 

Several rules are being amended to correct an oversight with respect to small auxiliary boilers, 

those with a heat input rate of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per 

hour. Currently, auxiliary boilers of this size are required to perform compliance stack testing 

every three years. Utility boilers, steam electric boilers, or industrial boilers of this size are 

allowed to perform an efficiency test, make annual adjustments to the combustion process, and 

perform gaseous concentration measurements, in lieu of compliance stack testing. If adopted, the 

proposed amendments will allow owners and operators of small auxiliary boilers to perform the 

same testing activities required of other, similar-sized boilers. Another change with respect to 

auxiliary boilers is that Env-A 1211 .12(c) is being deleted, so that if such a boiler emits more than 

50 tons per year of nitrogen oxides (NOx), it will be required to continue meeting the emission 

limit for auxiliary boilers instead of becoming subject to the limits for industrial boilers, which 

are more lenient for oil-fired boilers . In addition, the definition of "theoretical potential NOx 

emissions" is being moved from Env-A 101 to Env-A 1211, the only part in which the term is 

used, and is being amended since it currently refers to a definition that has been repealed . The 

Department is proposing to delete Env-A 1211 .21(b), which requires the installation and 

operation of a continuous emission monitoring system (CEMS) on all utility boilers, regardless of 

size. Small boilers, especially those not operated continuously, do not need to be monitored 

continuously, and other existing rules currently require CEMS on larger boilers and give the 

Department the authority to require CEMS on other utility boilers if necessary. 

6. (b) Brief description of the groups affected: 

Owners and operators of auxiliary boilers and utility boilers. 

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended 

to implement: 

Provision of the Proposed Rule Specific Section of State or Federal Statute or 

Regulation which the Rule Is Intended to 

In lement 

Env-A 803.03 803.04 intro. RSA 125-C:6 XI" 42 U.S.C. 7410 & 7502(c) 

Env-A 1211.02 intro. & (az),1211.12, MA 125-C:4,I(a) ; 42 U.S .C. §§ 7410, 7502(c), 

1211.21 ' & 7511c 
NEW HAMPSHIRE RULEMA.KING REGISTER September 10, 2004 Page 7 

NN 2004-140 Continued 

7. Contact person for copies and questions including requests to accommodate persons with disabilities : 

Name: Barbara Hoffman . Title: SSMB Planning Manager 

Address : Dept. of Environmental Services Phone #: (603)271-7874 

P.O. Bog 95 Fax#: (603)271-7053 

Concord, NH 03302-0095 

E-mail: bhoffman@des.state.nh.us 

The proposed rules can be viewed and 1 TTY/TDD Access : Relay NH 1-800-735-

downloaded at ~ 2964 or dial 711 (in NH) 

http://www.des.state .nh.us/ard/prpsdrul .htrn ; 

8 . Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified : October 25, 2004, at 4:00 p.m. 

®Fax ®E-mail []Other format (specify) : 

9. Public hearing scheduled for: 

Date and Time: Thursday, October 14, 2004, 9:30 am. 

Place: 29 Hazen Drive, Concord, NH Room 114 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FIS # 04:149 , dated August 2, 2004 

1. Contparison of ths costs of ft proposed rule(s) to tho.vxistlng ruls(s): 

The proposed amendments may reduce the costs of mordtorhg srnaU arxi8ary boilers 

oompat+ed to the axisting rules. . 

~~2: Croe 3hs Radu+al nwnda1a. Idsn~rths iMpaek on shb iunds: 

The exiatft ruiea in Env-A 803 and 1211 are required by the f®deral Clean Air Ad- The 

propos4d amendirienfs we not mandated by the Act, NA seek to omTW on inequity in 

tho QadoNnO rulwe with mapoct to emalt auxigary, boilem. No staie funds are affected by 

the proposed errandrrmts. 

3. 'Cost and bsneflts .a(tho proposed rule(s) : 

The proposed amendmetds may reduce the coeft of moniloring small auxttisy boom. 

A To Stab 9eneral or 9taks special funds: 

None. 

B. To Std* c!lfsens and political subdhftions: 

None. 

C. To indapendsntlY owned bwittrssss: " 

The cutt+ent;rulos require a stick taat.every three years. Ttwe tests mat between 

$4,000 to i6*000 . The proposed rule would substFttAe an arVwai efffaency test, 

adjnstrnents to the oombuatlon process, and gaesous conceritmtion meaQuremeft. 

The" requfrsrnsnta cost approximabaFIr.S1,250. 

11 . Statement Relative to Part I, Article 28-a of the N.H. Constitution: 

No political subdivisions own or operate any auxiliary boilers subject to these amendments. Therefore, 

the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution, because they 

do not assign any new, modified, or expanded programs or responsibilities to political subdivisions of 

the state . 
FINAL PROPOSAL FILING 
on 

COVER SHEET FOR FINAL PROPOSAL 

, 

` 

Notice Number #2004-140 Rule Number Env-A 803.03, 803.04 intro., 1211.02 

intro. & (az), 1211.12, 1211.21 

1 . Agency Name & Address : 

Dept. of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

5 . Short Title: AUXILIARY BOILERS 

6 . Contact person for copies and questions : 

2. RSA Authority : RSA 125-C:4,1(a) & (lc) 

3. Federal Authority : 42 U.S.C . §§ 7410, 7502(c), & 

7511c 

4. Type of Action: 

0 Adopt 

® Amendment 

Fj Repeal 

[] Readoption 

® Readoption w/amendment 

Name: Barbara Hoffman Title : SSMB Planning Manager 

Address: Dept., of Environmental Services 

Phone#: (603)271-7874 

P.O. Box 95 

Concord, NH 03302-0095 

7 . Yes [] No ® Agency requests Committee legal counsel review and delayed Committee review pursuant to 

RSA 541-A:12, I-a 

8. The rulemaking notice appeared in the Rulemaking Register on September 10, 2004. 

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET 

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9 . The "Final Proposal-Fixed Text," including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10 . The full text of the RSA passage granting ruleinaking authority . 

11 . Yes F~ N/A ® Incorporation by Reference Statement(s) because this rule incorporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to RSA 

541-A:12, 111 . 

12 . Yes ® N/A 0 The "Final Proposal-Annotated Text," indicating how the proposed rule was changed 

because the text of the rule changed fiom the Initial Proposal pursuant to RSA 541=A:12, 

II(e) . 

13 . . Yes E]N/A ® The amended fiscal impact statement because the change to the text of the Initial Proposal 

affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, VI. 
LBkO 

FIS 04:14J 

8004, 

-Fiscal Impact Statement for Department of Environmental Services rules goveming Auxiliary 

Boilers. (Env-A 803.03, 803.04 intro., 1211 .02 intro. & (az), 1211 .12 and 1211 .21] 

1 . Comparison of tha eosts ot .the proposed rule(s) to the existing rule(sj : 

The proposed amendments may~reduce the costs of monitoring small auxiliary boilers 

compared to the existing rules. 

~2.' Cite the Federal mandate. Identlfy the impact on state funds: . 

The existing rules in Env-A 803 and 1211 are required by the federal Clean Air Act. . The -

proposed arnendfrients are not mandated by the Act, b8t seek to .correct sin inequity in tho oxicting ruiac with rosp&et to scnail auxiBary, hoilers. No state funds- are affected by 

the proposed amendments. 

3. Cost and beneflts~ of the proposed rraie(s) : 

The proposed amendments may reduce the costs of monitoring small auxiliary bollers. 

A. To State general or state special funds: 

-None. 

B. To Sftte attizens and political subdivisions : 

None. 

G. To independently owned businesses: 

The cufrent :rules require a stack test-every three years. These tests cost between 

$4,000 to $5,000. The proposed rule would substCtuteatt annual efficiency test, 

adjustments to the combustion process; and gaseous conceritration measurernertts. 

These requirements cost approximately, $1,250. 
# 10 The full text of the RSA passage granting rulemaking authority. 

TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C :4 Rulemaking Authority; Subpoena Power. - 

I. The commissioner shall adopt rules under RSA 541-A, relative to : 

(a) The prevention, control, abatement, and limitation of air pollution, including, but 

not limited to, open air source pollution, mobile source pollution, and stationary source 

pollution. 

(b) Primary and secondary ambient air quality standards. 

(c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9 . 

(d) The establishment and operation of a statewide permit system, as authorized by 

RSA 125-C :6, XIV, RSA 125-C:11, I and RSA 125-C :1 l, I-a. 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the 

permit requirements of RSA 125-C :11, as authorized by RSA 125-C :11, II . 

(f) The exemption of certain devices and non-Title V sources fi-om the pen-nit 

requirements of RSA 125-C :11, I and the conformance of exempted devices to 

established standards, as authorized by RSA 125-C:11,1. 

(g) The forms and information required on applications for temporary and permanent 

permits required under RSA 125-C :11, as authorized by RSA 125-C :12, I. 

(h) Notification of and public hearing on permit applications, including exemptions 

from those requirements, as authorized by RSA 125-C :12, Il . 

(i) Fees for pemlit application and review, as authorized by RSA 125-C :12, IV. 

(j) Procedures for pen-nit application review, as authorized by RSA 125-C:11, IV, 

and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13 . 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by 

RSA 125-C:6, XI. 

(1) Procedures for receiving violation complaints and for rules enforcement, as 

authorized by RSA 125-C :15,1. 

(m) Procedures for granting variances, as authorized by RSA 125-C :16. 

(n) The manufacture, use, or sale of consumer products for purposes of implementing 

RSA 485 :16-c. 

I-a. In adopting rules under paragraph 1, the department may incorporate by reference 

standards issued by the California air resources board relative to certification and testing 

of vapor recovery equipment. 

I-b . In adopting rules under subparagraph I(n), the department may incorporate by 

reference other state test methods and procedures that are referenced in the model rules of 

the Ozone Transport Commission (OTC) concenling consumer products, as defined in 

RSA 125-C :2, V-c. 
# 9 Final Proposal #2004-140 -Fixed Text 11-5-04 1 

b~ ~~c:# dl C ? , 

Readopt with amendments Env-A 803.03 ;~;effective J0-3fi1602 

_ . . _ _ __ 

.. 

. _ . . = : - . . . C 8 

Env-A 803 .03 Testiniz for Small Boilers and Emergency Generators. An owner or 

operator of any of the following boilers or emergency generators shall comply with the 

requirements of Env-A 803 .04 and Env-A 807.03 : 

(a) Utility boilers subject to Env-A 1211 .03(b) with heat input rates of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour; 

(b) Steam electric boilers subject to Env-A 1211 .04(b) with heat input rates of at least 

5,000,000 Btu per hour.but less than 50,000,000 Btu per hour; 

(c) Industrial boilers subject to Env-A 1211 .05(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; 

(d) Emergency generators subject to Env-A 1211 .11 ; and 

(e) Auxiliary boilers subject to Env-A 1211 .12(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour. 

Amend Env-A 803.04 introduction, effective 10-31-02 (Document #7788), cited and to read 

as follows: 

Env-A 803.04 Gaseous Concentration Measurements for Small Boilers and Emergency 

Generators. Following the performance of tuneup activities as specified in Env-A 1211, the 

owner or operator of a small boiler or an emergency generator as specified in Env-A 803 .03 shall 

perform applicable gaseous concentration measurements for nitrogen oxides (NOx), carbon 

monoxide (CO), and oxygen (OZ) as specified below: 

Readopt with amendments and renumber Env-A 101.276, effective 5-1-97 (Document 

#6506-A), to Env-A 1211 .02(az) and renumber the existing paragraph (az) as (ba) and so 

forth, so that Env-A 1211.02 introduction and paragraph (az) read as follows: 

apply: 

Env-A 1211 .02 Definitions. For the purposes of this part, the following definitions shall 

(az) "Theoretical potential emissions" means the quantity of nitrogen oxides that could be 

emitted by a source, prior to the application of add-on controls, based on either of the following : 

(1) Continuous operation of 8760 hours per year at the maximum heat input rate of 

the source; or 

(2) Hours of operation, process conditions, or both that are limited by the conditions 

of a federally enforceable permit; 

Readopt with amendments Env-A 1211 .12 and Env-A 1211 .21, effective 10-31-02 (Document 

#7788), to read as follows : 

Env-A 1211 .12 Emission Standards for Auxiliary Boilers . 
# 9 Final Proposal #2004-140 -Fixed Text 11-5-04 2 

(a) An auxiliary boilers meeting the applicability criteria of Env-A 1211 .01(k) shall be 

subject to the provisions of this section . 

(b) An owner or operator of an auxiliary boiler with a heat input rate of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour shall comply with the requirements of Env-A 

1211 .05(b) . 

(c) An auxiliary boiler in existence on or after May 31, 1995, with a heat input rate of at 

least 50,000,000 Btu per hour, shall be limited at all times to a NOx RACT emission limits no 

greater than 0 .20 lb . per million Btu based on a 24-hour calendar day average, regardless of the 

type of fuel burned. 

(d) The emissions from all auxiliary boilers shall be included in the calculation of both the 

actual and theoretical potential emissions from the stationary source . 

(e) Compliance with the NOx RACT emission standards specified in this section shall be 

determined by the testing methods in Env-A 800 and, if applicable, by a CEM system for NOx 

required by Env-A.600 or Env-A 1211 .21 . 

(f) The recordkeeping and reporting requirements for auxiliary boilers shall be in 

accordance with the provisions of Env-A 903, Env-A 905, and Env-A 909, respectively. 

Env-A 1211 .21 NOx Monitorin Requirements . The department shall require installation, 

operation, maintenance, and quality assurance testing of a CEM system for NOx which meets all 

of the requirements specified in Env-A 800 if any of the following conditions exist: 

(a) A source utilizes air pollution control equipment in order to maintain compliance with 

a NOx emission limit, and continuous emission monitoring is determined by the department to be 

necessary to .ensure that this emission limit is not exceeded and that the control equipment is 

performing correctly ; 

(b) A stationary source is subject to the CEM provisions of Env-A 800; 

(c) A stationary source or device generates emissions credits for the purpose of emission 

averaging pursuant to Env-A 1211 .16 ; or 

(d) A stationary source or device uses seasonal emission control techniques, in accordance 

with Env-A 1211 .19, in order to comply with NOx RACT. 
Appendix 

Provision of the Proposed Specific Section of State or Federal 

Rule Statute or Regulation which the Rule Is 

Intended to Implement 

Env-A 803 .03, 803 .04 intro . RSA 125-C:6, XI; 42 U.S .C. §§7410 & 

7502(c) 

Env-A 1211 .02 intro. & (az), 1211 .12, RSA 125-C :4,I(a); 42 U.S .C. §§ 7410, 

1211 .21 7502(c), & 7511c 
ADOPTED RULE 
December 20, 2004 

Michael P Nolin 

Commissioner 

Carol J . Holahan, Director 

c/o OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP #2004-140 

Dear Director Holahan: 

Please be advised that I, as Commissioner of the Department of Environmental Services, 

have adopted the following rules : 

Env-A 803.03, 803 .04, 1211 .02(az), 1211 .12 and 1211 .21 : AUXILIARY BOILERS 

The Joint Legislative Committee on Administrative Rules approved these rules at its 

meeting on December 16, 2004., 

Enclosed are two paper copies and a disk version of the niles. 

I, Michael P. Nolin, Commissioner of the Department of Environmental Services, hereby 

certify that the enclosed are true copies of the rules I have adopted. 

Enclosures 

cc : Jennifer Patterson, NH DOJ-EPB 

Marti Nickerson, NH DOJ-EPB, Paralegal 

Gretchen R. Hamel, DES Legal Unit Administrator 

Barbara Hoffman, DES-ARD Planning Manager 

The State of New Hampshire 

Department of Environmental Services 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone : (603) 271-1370 " Fax: (603) 271-1381 - TDD Access: Relay NH 1-800-735-2964 

-- 

WAh c ;ro~ www.rlrc_nh .gov 
Adopted Rule 12-20-04 1 

Readopt with amendments Env-A 803 .03, effective 10-31-02 (Document #7788), by inserting 

a new paragraph (e), to read as follows : 

Env-A 803.03 Testing for Small Boilers and Emergency Generators . An owner or 

operator of any of the following boilers or emergency generators shall comply with the 

requirements of Env-A 803.04 and Env-A 807 .03 : 

(a) Utility boilers subject to Env-A 1211 .03(b) with heat input rates of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour; 

(b) Steam electric boilers subject to Env-A 1211 .04(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; 

(c) Industrial boilers subject to Env-A 1211 .05(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour; 

(d) Emergency generators subject to Env-A 1211 .11 ; and 

(e) Auxiliary boilers subject to Env-A 1211 .12(b) with heat input rates of at least 

5,000,000 Btu per hour but less than 50,000,000 Btu per hour. 

Amend Env-A 803.04 introduction, effective 10-31-02 (Document #7788), cited and to read 

as follows: 

Env-A 803 .04 Gaseous Concentration Measurements for Small Boilers and Emergency 

Generators. Following the performance of tuneup activities as specified in Env-A 1211, the 

owner or operator of a small boiler or an emergency generator as specified in Env-A 803 .03 shall 

perform applicable gaseous concentration measurements for nitrogen oxides (NOx), carbon 

monoxide (CO), and oxygen (Oz) as specified below: 

Readopt with amendments and renumber Env-A 101.276, effective 5-1-97 (Document 

#6506-A), to Env-A 1211.02(az) and renumber the existing paragraph (az) as (ba) and so 

forth, so that Env-A 1211.02 introduction and paragraph (az) read as follows: 

apply: 

Env-A 1211 .02 Definitions. For the purposes of this part, the following definitions shall 

(az) "Theoretical potential emissions" means the quantity of nitrogen oxides that could be 

emitted by a source, prior to the application of add-on controls, based on either of the following : . 

(1) Continuous operation of 8760 hours per year at the maximum heat input rate of 

the source; or 

(2) Hours of operation, process conditions, or both that are limited by the conditions 

of a federally enforceable permit ; 

Readopt with amendments Env-A 1211 .12 and Env-A 1211 .21, effective 10-31-02 (Document 

#7788), to read as follows: 

Env-A 1211 .12 Emission Standards for Auxiliary Boilers . 
Adopted Rule 12-20-04 2 

(a) An auxiliary boilers meeting the applicability criteria of Env-A 1211 .01(k) shall be 

subject to the provisions of this section . 

(b) An owner or operator of an auxiliary boiler with a heat input rate of at least 5,000,000 

Btu per hour but less than 50,000,000 Btu per hour shall comply with the requirements of Env-A 

1211 .05(b) . 

(c) An auxiliary boiler in existence on or after May 31, 1995, with a heat input rate of at 

least 50,000,000 Btu per hour, shall be limited at all times to a NOx RACT emission limits no 

greater than 0.20 lb . per million Btu based on a 24-hour calendar day average, regardless of the 

type of fuel burned. 

(d) The emissions from all auxiliary boilers shall be included in the calculation of both the 

actual and theoretical potential emissions from the stationary source. 

(e) Compliance with the NOx RACT emission standards specified in this section shall be 

determined by the testing methods in Env-A 800 and, if applicable, by a CEM system for NOx 

required by Env-A 600 or Env-A 1211 .21 . 

(f) The recordkeeping and reporting requirements for auxiliary boilers shall be in 

accordance with the provisions of Env-A 903, Env-A 905, and Env-A 909, respectively . 

Env-A 1211 .21 NOx Monitoring Requirements. The department shall require installation, 

operation, maintenance, and quality assurance testing of a CEM system for NOx which meets all 

of the requirements specified in Env-A 800 if any of the following conditions exist: 

(a) A source utilizes air pollution control equipment in order to maintain compliance with 

a NOx emission limit, and continuous emission monitoring is determined by the department to be 

necessary to ensure that this emission limit is not exceeded and that the control equipment is 

performing correctly ; 

(b) A stationary source is subject to the CEM provisions of Env-A 800; 

(c) A stationary source or device generates emissions credits for the purpose of emission 

averaging pursuant to Env-A 1211 .16 ; or 

(d) A stationary source or device uses seasonal emission control techniques, in accordance 

with Env-A 1211 .19, in order to comply with NOx RACT. 
Appendix 

rProvision of the Proposed 

Rule 

Specific Section of State or Federal 

Statute or Regulation which the Rule Is 

Intended to Implement 

Env-A 803 .03, 803 .04 intro . ~ RSA 125-C :6, XI; 42 U.S .C . §§7410 & 

7502(c) _ 

Env-A 1211 .02 intro. & (az), 1211 .12, RSA 125-C :4,1(a); 42 U.S .C. §§ 7410, 

1211 .21 7502(c), & 7511c 
APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON 

ADMINISTRATIVE RULES 
STATE OF NEW HAMPSHIRE 

CAROL J .HOLAHAN 

DIRECTOR 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

December 16, 2004 

NOTICE NO. 2004-140 

RULE # Env-_A 803.03, 803 .04 _intro ., 1211.02 intro. & Lzz1211.12 & 1211 .21 

RELATTVE TO: Auxiliary Boilers 

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the 

above cited rule at its meeting on l7ECEMBER 16, 2004 

The Committee voted to approve the rule. You may proceed to adopt the rule and file it with the 

Division of Administrative Rules of the Office of Legislative Services. When filing~the final rule, the agency 

is also required to file a cover letter indicating the date of final adoption and certifying the final rule is a true 

copy, See Section 2.19 of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules. 

'The rule wi11 become effective either at (1) 12:01 a.m. on the day after the f ling, .(2) 12:01 a.m. on the date 

specified in the cover letter .to me when the rule is filed, or (3) such other date and time as specified in the 

cover letter, provided that the filing occurs before such effective date and time. Please send two (2) copies of 

the adopted rule. 

Sincerely yours, 

C--~J 

Carol J. Holahan, Director 

Office.ofLegislative Services 

CJH/- . 

Enc. 

ADMINISTRATION (603) 271-3436 

DIRECTOR (603) 271-3432 TDD Access: Relay NH 1-800-735-2964 LEGAL STAFF (603) 271-343 : 

ADMINISTRATIVE .RULES (603) 271-3680 FAX: (603) 271-6607 RESEARCH (603) 271-332f