## EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDUR

AL REQUIREMENTS 40 CFR Part 51, Appendix V, 2.1(e)

### REQUEST FOR FISCAL IMPACT STATEMENTOFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FORFISCAL 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 . ShortTitle: AUXILIARYBOILERS 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 performcompliance stack testing every three years. Utility boilers, steamelectric boilers, or industrial boilers ofthis size are allowed to performan efficiency test, make annual adjustments to the combustion process, and performgaseous concentration measurements, in lieu of compliance stack testing. Ifadopted, the proposed amendments will allow small auxiliary boilers to performthe 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 fromEnv-A 101 to Env-A 1211, the only part in which the termis used, and is being amended since it currently refers to a defcnition that has been repealed.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 ifnecessary.

### REQUEST FORFISCAL IMPACT STATEMENT (FIS) - Page 2

(2) Is the cost associated with this rule mandated by the rule or by state statute? Ifthe 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 rulewith the cost of the existing rule, ifthere is an existing rule. The proposed amendments may reduce the costs ofmonitoring 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 fromthis 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, ifthere 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. Theproposed 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 andbenefits to any state special fund which would result . Theproposed rule will not have any effect on any state special fund. (7) Describe the costs and benefits to the political subdivisions ofthe state. No political subdivisions own or operate any auxiliary boilers subject to these amendments. Therefore, there are no costs to political subdivisions ofthe state as a result of the proposed rule. (8) Describe the costs andbenefits 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 ofthe specific reporting and recordkeeping requirements upon those employing fewer than 10 employees.

. ,- _

### REQUEST FORFISCAL 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 stmekOffetigl} Readopt with amendments Env-A 803.03, effective 10-31-02 (Document #7788), by inserting a newparagraph (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) Steamelectric 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 EnvA 1211 .12(b) with -heat input rates of at least 5,000,000Btu 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 .27 6 "Theoretical potential NO* emissions" means the quantity of nitrogen oxides that would -eee could be emitted by a source, prior to the application ofadd-on controls, based on either of the following:

(1) Continuous operation of 8760 hours per year

.. defi ned : ., E., ., n , ~nn at the maxiniune heat input rate ofthe source; or (2) Hours of operation, ° " oi process conditions, or both ifteluding-epe~g rates that are limited by the conditions ofa 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 ofEnvA 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 fromall auxiliary boilers shall be included in the calculation of both the actual and theoretical potential emissions fromthe 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 systemfor 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 systemfor NOx which meets all of the requirements specified in Env-A 800 if any ofthe 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 theeuisting .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-A803 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 . ToState 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 FILINGRULEMAKING 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 andthe 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 performcompliance stack testing every three years. Utility boilers, steamelectric boilers, or industrial boilers of this size are allowed to performan efficiency test, make annual adjustments to the combustion process, and performgaseous concentration measurements, in lieu of compliance stack testing. If adopted, the proposed amendments will allowowners and operators of small auxiliary boilers to performthe 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 ofnitrogen 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 fromEnv-A 101 to Env-A 1211, the only part in which the termis 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 ifnecessary.

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 Im plement 

### 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, ifpracticable 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/TDDAccess: 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 Room114 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 governingAuxiliary 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 statefunds: 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 everythree 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 newparagraph (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) Steamelectric 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 Btuper 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 ofadd-on controls, based on either of the following:

(1) Continuous operation of 8760 hours per year at the maximumheat input rate ofthe 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 EnvA 1211 .05(b) . (bc) An z4auxiliary boilers in existence on or after May 31, 1995, with a heat input rate of at least 50,000,000Btu 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 fromthe 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 systemfor 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 systemfor 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 genefuting 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 Im

plement 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 ofNotices ofProposed Rules NN 2004-138 through NN 2004-143 and Proposed InterimRules INT 2004-22 through INT 2004-24 -ib. Notices ofProposed Rules and Proposed InterimRules 1 c. List of Adopted Rules 28 2. COM

MITTEE (JLCAR) Meeting Date(s) : REGULAR MEETING

: Monday, September 20, 2004 9:30 a.m .~ (Changed fromSeptember 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 &HUMANSERVICES Former Division of Human Services Outpatient Hospital Emergency Department Co-payments (FP 2004-36) b. List of Final Proposals/Proposed InterimRules for Review 26

### NEW

HAMPSHIRE RULEIVIAKING REGISTER Notices ofProposed Rules Notice Number Rule Number Agency and ShortTitle 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 ofAir 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 ofProposed Interim Rules Interim Notice Number Rule Number Agency and ShortTitle 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: RSA125-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. ShortTitle: AUXILIARY BOILERS 6. (a) Summary ofwhat 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 performcompliance 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. Ifadopted, the proposed amendments will allowowners and operators ofsmall auxiliary boilers to performthe same testing activities required ofother, 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 ofbecoming 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 ofa 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 ifnecessary. 6. (b) Brief description of the groups affected: Owners and operators ofauxiliary 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 R EGISTER 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/TDDAccess: 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 ofmaterials 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 costsof ft proposed rule(s) to tho .vxistlng ruls(s) : Theproposed amendments may reduce the costs of mordtorhg srnaU arxi8ary boilers oompat+ed to theaxisting rules. . ~~2:Croe 3hs Radu+al nwnda1a. Idsn~rths iMpaek on shbiunds:

The exiatft ruiea in Env-A803and 1211 are required by the f®deral Clean AirAd- The propos4d amendirienfs we not mandated by the Act, NA seek toomTW on inequity in tho QadoNnO rulwe with mapoct to emalt auxigary, boilem . Nostaie funds are affected by the proposed errandrrmts. 3. 'Cost and bsneflts .a(tho proposed rule(s) :

The proposed amendmetds may reduce the coeft ofmoniloring small auxttisy boom . 

### A To Stab 9eneral or 9taks special funds: None. B . To Std* c!lfsens andpolitical subdhftions: None. C . ToindapendsntlY 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 ofthe 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 FORFINAL 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. RSAAuthority: 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 AND2 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 RSApassage 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 fiomthe 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 CleanAir 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 Thefull text of the RSA passage granting rulemaking authority. 

# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTIONCONTROL

Section 125-C:4 125-C:4 Rulemaking Authority; Subpoena Power . - I . The commissioner shall adopt rules under RSA541-A, relative to: (a) Theprevention, 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-omthe pen-nit requirements of RSA125-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 fromthose 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 RSA485:16-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;~;effectiveJ0-3fi1602

_ . . _ _ __ .. . _ . . =: - . . . 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) Steamelectric 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 ofthe 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 fromall 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 systemfor 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 systemfor 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) Astationary 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 Im

plement 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, Room219 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 - TDDAccess: Relay NH 1-800-735-2964

-- WAh c ;ro~ www .rlrc_nh .govAdopted Rule 12-20-04 1 Readopt with amendments Env-A 803.03, effective 10-31-02 (Document #7788), by inserting a newparagraph (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 maximumheat 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 Auxil iary 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 ofthis 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 fromall auxiliary boilers shall be included in the calculation of both the actual and theoretical potential emissions fromthe 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 systemfor 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 systemfor NOx which meets all of the requirements specified in Env-A 800 if any of the following conditions exist : (a) Asource 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. R ~ SA 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 RULESSTATE OF NEW HAMPSHIRE CAROL J .HOLAHAN DIRECTOR OFFICE OF LEGISLATIVE SERVICES STATE HOUSE 107 NORTH MAINSTREET, 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 

### l7ECEMBER16, 2004 The Committee voted to approve the rule. You may proceed to adopt the rule and file it with the 

### Division ofAdministrative Rules ofthe Office ofLegislative 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 forAdministrative Rules. 'The rule wi11 become effective either at (1) 12:01 a.m . on the day after thef

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 andtime. Please send two (2) copies of the adopted rule. 

### Sincerelyyours,



# C--~J Carol J. Holahan, Director Office.ofLegislative Services CJH/- . Enc. ADMINISTRATION (603) 271-3436 DIRECTOR (603) 271-3432 TDDAccess: Relay NH 1-800-735-2964 LEGAL STAFF (603) 271-343: ADMINISTRATIVE .RULES (603) 271-3680 FAX : (603) 271-6607 RESEARCH (603) 271-332f