### Revision to the 

# New Hampshire State Implementation Plan Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH 8-Hour Ozone (1997 Standard) Nonattainment Area

March 2, 2012

~ NEW

HAMPSHIRE DEPARTMENT OF 

# Environmental = Services Air Resources DivisionRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page i TABLE OF CONTENTS 1 . INTRODUCTION 1 .1 Original Designation of Ozone Nonattainment Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 .2 Description of the Southeast New Hampshire Nonattainment Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 .3 Status of Air Quality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 2. ATTAINMENT OF THE STANDARD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.1 Ozone Monitoring Network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 2.2 Summary of Ozone Monitoring Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2.2.1 Annual Fourth-Highest Ozone Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2.2.2 Ozone Design Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2.2.3 Threshold Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2.2.4 Ozone-Related Parameters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2.2.4 .1 Oxides of Nitrogen (NOx) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.2.4 .2 Volatile Organic Compounds (VOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .3 Summary of Meteorological Analyses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2.3 .1 Temperature vs . Ozone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.3 .2 Wind Direction Frequency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3. STATE IMPLEMENTATION PLAN FORNONATTAINMENT AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 .1 Recent SIP Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3 .2 Reasonably Available Control Technology Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3 .3 1-Hour Ozone Attaimnent Demonstration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3 .4 Reasonable Further Progress Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 3 .5 Clean Data Rule for 8-Hour Ozone Attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4 . PERMANENT AND ENFORCEABLE EMISSION REDUCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 .1 Emission Control Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 4 .2 Upwind Emission Reductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 4 .3 In-State Emission Reductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 5 . COMPLIANCE WITH SECTION 110 AND PART D OF THE CLEAN AIR ACT. . . . . . . . . . . . . . . . . . . . . 27 5.1 Requirements of Section 110(a)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 5.1 .1 Emission Reporting and Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5.1 .2 Periodic Testing and Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5.1 .3 Transportation-Related Control Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5.1 .4 Continuous Monitoring and Recording of Emissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5.1 .5 Legal Authority and Emergency Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5.2 Continuance of Existing Control Requirements after Redesignation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 5.3 Permitting of Stationary Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5.4 Monitoring of Stationary Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5 .5 Transportation Conformity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 5 .6 Vapor Recovery : Stage 11 and Onboard Refueling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page ii

5.7 Resource Commitments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 5.8 Future Revisions to the Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 6. MAINTENANCE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 6 .1 Attainment Inventory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 6 .2 Maintenance Demonstration. . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 6 .2.1 Projected 2012 and 2022 Emissions Inventory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 6 .2.2 Air Quality Modeling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 6 .2.2.1 EPA Modeling Analysis for the Nonroad Land-Based Diesel Engines Standards . . . . . . . . . 39 6 .2.2.2 EPA Modeling Analysis for the CAIR Rulemaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 6 .3 Air Quality Monitoring Network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 6 .4 Verification of Continued Attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 6 .5 Contingency Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 6.5 .1 ICI Boilers (at Major Point Sources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6.5 .2 Emulsified Asphalt Paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6.5.3 Consumer Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6.5 .4 Additional Controls on Boilers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6.5 .5 Other Contingency Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 7. ADMINISTRATIVE DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 8 . SUMMARY ANDCONCLUSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 LIST OF FIGURES Figure 1-1 Map of New Hampshire's Former 1-Hour Ozone Nonattainment Areas . . . . . . . . . . . . . . . . . . . . . . 2 Figure 1-2 Map of New Hampshire's Attainment Status for 1997 8-Hour Ozone NAAQS. . . . . . . . . . . . . . 3 Figure 2-1 Ozone-Related Air Quality Monitors in New Hampshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 2-2 8-Hour Ozone Trends in the Southeast New Hampshire Nonattainment Area, 1990-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Figure 2-3 8-Hour Ozone Trends in New Hampshire Attainment Areas, 1990-2011 . . . . . . . . . . . . . . . . . . . . . 7 Figure 2-4 8-Hour Ozone Design Value Trends in the Southeast New Hampshire Nonattainment Area, 1990-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 2-5 NOx Trends in New Hampshire, 1998-2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 2-6 NOx Trends in Maine, 1998-2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Figure 2-7 NOx Trends in Massachusetts, 1998-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Figure 2-8 Ozone-Season Average NOx Concentrations in the Ozone Transport Region,

1998-2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Figure 2-9 TNMOC and PAMHCTrends in New Hampshire, Maine, and Massachusetts, 1998-2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Figure 2-10 Average TNMOC and PAMHC in Nashua, New Hampshire, 2006-2010 . . . . . . . . . . . . . . . . . . . . . 11 Figure 2-11 Average TNMOC and PAMHC on Pack Monadnock in Peterborough,

New Hampshire, 2006-2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Figure 2-12 Number of Days with Exceedances of the 1997 8-Hour Ozone Standard in

New Hampshire, 1985-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page iii

Figure 2-13 Number of Days with Maximum Temperatures above 85 F and Number of Days with Ozone Exceedances in New Hampshire, 1985-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Figure 2-14 New

Hampshire Wind Direction Frequencies in the Months of April through September, 1995-2010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Figure 4-1 Ozone-Season NOx Emissions from All NOx Budget Trading ProgramSources . . . . . . . . . . . . 24 Figure 4-2 Ozone-Season NOx and VOCEmissions in the Eastern United States by

Source Category : 1997, 2002 and 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Figure 4-3 Ozone-Season Daily NOx Emissions in New Hampshire by Source Category: 2002, 2005, and 2008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Figure 4-4 Ozone-Season Daily VOC Emissions in New Hampshire by Source Category : 2002, 2005, and 2008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 LIST OF TABLES Table 1-1 New

Hampshire Designations/Classifications for 8-Hour Ozone Standard : Nonattainment Areas, Effective June 15, 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table 2-1 8-Hour Ozone Monitoring Data : 2012 Threshold Values and 2010-2011 Design Values

Based on Fourth-Highest Annual Maxima (ppb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Table 4-1 Federal Emission Control Programs for NOx and VOC in the Southeast New Hampshire Nonattainment Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 9 Table 4-2 State Emission Control Regulations for NOx and VOC in the Southeast New Hampshire Nonattainment Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Table 4-3 NOx and VOC RACT Orders Issued in New Hampshire, 2001-Present . . . . . . . . . . . . . . . . . . . . . . . . 23 Table 4-4 NOx and VOC Emissions in New Hampshire, 2002, 2005, and 2008 (tons/year)

. . . . . . . . . . . . . 26 Table 5-1 2008 and 2022 Motor Vehicle Emission Budgets for the Southeast New Hampshire Nonattainment Area (tons per summer day) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Table 6-1 2008 vs . 2012 and 2022 NOx and VOC Emissions in the Southeast New Hampshire Nonattainment Area (pounds per day) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Table 6-2 Summary of CAIR Modeling Results for Ozone Levels in New Hampshire (ppb) . . . . . . . . . . . . . . 40 Table 6-3 Estimated Emission Reductions fromThree BOTW Control Measures . . . . . . . . . . . . . . . . . . . . . . . . 43 Table 6-4 Potential Contingency Measures for Reducing Ozone Levels .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 LIST OF ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H Technical Support Document for Redesignation of the Boston-ManchesterPortsmouth (SE), NH 8-Hour Ozone (1997 Standard) Nonattainment Area 8-Hour Ozone Data Chemical Analyses Meteorological Analyses Administrative Documents MOVES Input/Output Files for 2008 and 2022 Motor Vehicle Emissions Budgets Documentation for 2008 Emissions Inventory ' Projected 2012 and 2022 Emissions InventoriesRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page iv

This page intentionally left blank .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 1

1 . INTRODUCTION The NewHampshire Department of Environmental Services (NHDES) presents this report as documentation for its request to the Environmental Protection Agency (EPA) to redesignate the Boston-Manchester-Portsmouth (SE), NH ozone nonattainment area to attainment of the 8-hour ozone standard of 0

.08 parts per million (ppm) promulgated in 1997 . Ground-level ozone monitoring data from 2002-2011 show these New

Hampshire counties are now in attainment for this standard . Section 107(d)(3)(E) of the Clean Air Act (CAA) establishes that, for an area to be redesignated, several determinations and approvals from the EPA Administrator are required. EPA provided guidance on redesignation in the General Preamble for the Implementation of Title I of the CAA Amendments of 1990, on April,16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 1992 (57 FR 18070) . EPA has provided further guidance on processing redesignation requests in subsequent memoranda. The following lists the determinations and approvals required fromthe EPA Administrator : 0 0 Adetermination that the area has attained the 8-hour ozone standard, Approval of a State Implementation Plan (SIP) for the area under Section 110(k) of the Clean Air Act, A determination that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and other federal requirements, Approval of a maintenance plan under Section 175A of the Clean Air Act, and Adetermination that the state has met all Title I, Part A, Section 110, and Part D requirements for the area . Each of these requirements is addressed within the main body of this submittal . In addition, a technical support document is provided in Attachment A . The technical support document is presented in two sections . The first provides a conceptual description of the nature of ozone formation and transport in the Northeast . The second describes a photochemical air quality modeling assessment that was undertaken in 2007 by New Hampshire and other Ozone Transport Region states . The results of this modeling assessment were used by states for attainment demonstrations and other SIP planning purposes . They are offered for review in the technical support document because they support the conclusions of this redesignation request. NHDES is also submitting as part of this redesignation request a 2022 motor vehicle emissions budget (MVEB) for the area . The MVEB will be used to assure that emissions fromon-road mobile sources do not exceed levels consistent with maintenance of the 1997 8-hour ozone standard . 1 .1 Original Designation of Ozone Nonattainment Areas Under the 1990 Clean Air Act Amendments, all or portions of five counties in New Hampshire were designated as nonattainment areas for the former 1-hour National Ambient Air Quality Standard (NAAQS) of 0.12 parts per million (ppm) for ground-level ozone (see Code of Federal Regulations 40 CFR 81 .330) :

. All of Strafford County and large portions of Hillsborough and Rockingham Counties were designated as "serious" nonattainment areas;Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 2 '

The remaining portions of Hillsborough and Rockingham counties plus all of Merrimack County were designated as "marginal" nonattainment areas ; and All of Cheshire County was designated as a nonattainment area with incomplete data . These former 1-hour ozone nonattainment areas are shown in Figure 1-1 . Figure 1-1 . Map of New Hampshire's Former 1-Hour Ozone Nonattainment Areas 

# STATE OF NEW HAMPSHIRE 1-Hour Ozone Nonattainment Areas 0

I I Seacoast Serious Area

Nonattainmentl Incomplete Data Attainment or Unclassifiable Areas

On July 18, 1997, EPA promulgated a new 8-hour ozone standard to replace the 1-hour standard for ground-level ozone (62 FR 38855) . The 8-hour ozone NAAQS, which was set at a level of 0.08 parts per million (ppm) and is based . on an 8-hour average of ambient ozone concentrations, more directly relates to ozone levels associated with adverse health effects. After the resolution of numerous legal challenges, on April 30, 2004, EPA published final attainment designations (69 FR 23857) for the 1997 8-hour ozone NAAQS.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 3

The Boston-Manchester-Portsmouth (SE), NH nonattainment area (hereinafter referred to as the Southeast New

Hampshire Nonattainment Area) was created covering the southeastern-most portion of the state (see Figure 1-2)

. This nonattainment area, which includes portions of four counties (Hillsborough, Merrimack, Rockingham, and Strafford), was classified as "Subpart 2/moderate" nonattainment for the 8-hour ozone standard.' The area designations/classifications were based on 2000-2002 data and the recommendations of NHDES in a letter submitted to EPA on July 15, 2003 . The moderate nonattainment classification was selected to be consistent with contiguous nonattainment areas in Massachusetts and Maine. Figure 1-2. Map of New Hampshire's Attainment Status for 1997 8-Hour Ozone NAAQS 

# STATE OF NEW HAMPSHIRE 8-Hour Ozone Nonattainment Area Southeast NewHampshire Moderate Area Attainment

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' Subpart 2refers to Subpart 2-Additional Provisions for Ozone Nonattainment Areas of Title I, Part D of the Clean Air Act, which supplements, and is more prescriptive than, the general requirements for nonattainment areas found in Subpart 1 .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 4

1 .2 Description of the Southeast New Hampshire Nonattainment Area The Southeast New

Hampshire Nonattainment Area includes 52 cities and towns in Hillsborough, Merrimack, Rockingham, and Strafford Counties (Table 1-1) . According to the 2010 census, these communities have a total population of 729,071 . Manchester is the largest municipality in the area with a population of 109,565, followed in order by Nashua, 86,494; Derry, 33,109; Dover, 29,987 ; Rochester, 29,752; Salem, 28,776; and Merrimack, 25,494. Table 1-1 . New

Hampshire Designations/Classifications for 8-Hour Ozone Standard : Nonattainment Areas, Effective June 15, 2004 (FR69 23857) Designation/ Area County Cities and Towns Included Classification Boston-Manchester- Hillsborough (part) Amherst, Bedford, Brookline, Goffstown, Hollis, Hudson, Nonattainment Portsmouth Area Litchfield, Manchester, Menimack, Milford, Nashua, Pelham Subpart 2/Moderate (Southeast New Merrimack (part) Hooksett Nonattainment Hampshire Area) Subpart 2/Moderate

Rockingham(part) Atkinson, Auburn, Brentwood, Candia, Chester, Danville, Nonattainment

Deny, E. Kingston, Epping, Exeter, Fremont, Greenland, Subpart 2/Moderate Hampstead, Hampton, Hampton Falls, Kensington, Kingston, Londonderry, New Castle, Newfields, Newington, Newmarket, Newton, North Hampton, Plaistow, Portsmouth, Raymond, Rye, Salem, Sandown, Seabrook, South Hampton, Stratham, Windham Strafford (part) Dover, Durham, Rochester, Rollinsford, and Somersworth Nonattainment Subpart 2/Moderate 1 .3 Status of Air Quality Ground-level ozone monitoring data for each three-consecutive-year monitoring period from 2002 to 2011 showthat air quality in the Southeast New Hampshire Nonattainment Area has met the 1997 NAAQS for 8-hour ozone. (EPA reached the same conclusion after examining data for the 2007-2009 monitoring period ; see next section) . This fact, accompanied by documented decreases in ozone-precursor pollutant emissions from in-state and upwind sources, is the basis for requesting redesignation of the nonattainment area to attainment for the 1997 8-hour ozone standard, in accordance with Section 107(d)(3)(E) of the Clean Air Act . Air quality data summaries describing improvements in local ambient ozone concentrations are included in the next section, 2 . ATTAINMENT OF THE STANDARD . Emission reductions contributing to the improved ozone levels are described in 4 . PERMANENT AND ENFORCEABLE EMISSION REDUCTIONS.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 5

2 . ATTAINMENT OF THE STANDARD The determination of New Hampshire's 1997 8-hour ozone attainment status is based on extensive analysis of real-time ozone and photochemical data collected frommonitoring stations installed and maintained by NHDES at strategic locations across the state. Using quality-assured, certified data for the monitoring period 2007-2009, EPA determined that air quality in the Southeast New Hampshire Nonattainment Area (moderate) had attained the 1997 8-hour ozone NAAQS (76 FR 14805, March 18, 2011) . This determination is consistent with EPA's Clean Data Rule (40 CFR 51 .918) ; see 3

.5 Clean Data Rule for 8-Hour Ozone Attainment . [In a separate but related action, EPA issued a proposed rule determining that the Boston-Lawrence-Worcester MA-NH serious onehour ozone nonattainment area met the November 15, 2007, deadline for attaining the one-hour NAAQS for ozone, based on quality-assured, certified data for the 2005-2007 monitoring period (76 FR 77739, December 14,2011) .] 2 .1 Ozone Monitoring Network New Hampshire's current ozone monitoring network has a total of 14 sites, located as shown in Figure 2-1 . Eleven of these ozone monitors are operated by NHDES and three are operated by partner agencies . Included in the ozone monitoring network are three ozone-related monitors that measure for oxides of nitrogen (NOx) and two sites that measure for Photochemical Assessment Monitoring Stations (PAMS) pollutants .

Figure 2-1 . Ozone-Related Air Quality Monitors in New Hampshire 

# State of New Hampshire Ozone Related Monitor Network

2011

DES Monitor Key 0 Ozone " NOx/NOy o PAMs

M Ozone Monitors Operated by the Hubbard Brook Research Foundation ® Ozone Monitors Operated by the University of New HampshireRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 6

All 11 NHDES stations operate throughout the ozone season from April 1 through September 30 . Four of the ozone monitors - those at Londonderry, Nashua, Portsmouth, and Rye (Odiorne) - are located within the Southeast New Hampshire Nonattainment Area . Although the Portsmouth and Rye monitors are only a fewmiles apart, they represent different airsheds : continental population (Portsmouth), and coastal-oceanic (Rye)

. Also situated within the nonattainment area are two NOx monitors (Nashua and Londonderry) and one PAMS installation (Nashua) . 2.2 Summary of Ozone Monitoring Data Real-time ozone data collected from the monitoring network are used in a variety of analyses to determine whether monitored areas are meeting the 1997 NAAQS for 8-hour ozone . The following definitions are instrumental to assessing attainment status :

0 Annual fourth-highest value : the fourth-highest 8-hour ozone concentration for a given ozone season at a monitored location. Design value: the 3-year average of the annual fourth-highest 8-hour ozone concentration at a monitored location. Threshold value: the fourth-highest monitored 8-hour ozone concentration for a given ozone season that would cause that year's design value at a monitored location to exceed the 8-hour ozone NAAQS. Adescription of 8-hour ozone data handling conventions is provided in Attachment B; also included is a table of the annual fourth-highest values, annual design values, and 2012 threshold values for each of the Manchester, Nashua, Portsmouth, and Rye monitor sites. Ozone concentrations at these locations represent ozone levels for the entire Southeast New Hampshire Nonattainment Area . 2 .2.1 Annual Fourth-Highest Ozone Values Figure 2-2 displays annual fourth-highest 8-hour ozone values in parts per billion (ppb) since 1990 for monitoring locations in the nonattainment region . (In addition to ozone values for the four named locations, the chart includes values for monitor sites in Brentwood and Rochester that operated for shorter periods) . Figure 2-3 shows corresponding values for ozone monitors in the remainder of the state. While meteorological conditions contribute to yearly variations, it is clear that ambient ozone concentrations in both attainment and nonattainment areas are trending downward . It is important to note that all ozone data through September 30, 2011, have passed all quality assurance requirements and have been entered into EPA's Air Quality System (AQS) database . 2.2.2 Ozone Design Values Trends in the 8-hour ozone design values for monitoring locations in the Southeast New Hampshire Nonattainment Area are illustrated in Figure 2-4 . As the graph shows, design values have been declining since 1990, and all stations have demonstrated attainment since 2003 ; i .e., design values for the four Southeast New Hampshire Nonattainment Area monitors have remained below the level of the 8-hour NAAQS during each of the periods 2002-2004, 2003-2005, 2004-2006, 2005-2007, 2006-2008, 2007-2009, 2008-2010, and 2009-2011 . (There are some gaps in the data plots due to relocation of monitor sites .) To be valid, design values require three years of quality-assured data collected at the same location. Based on quality-assured data through the 2011 ozone season, 8-hour ozone design values for the period 2009-2011 were no greater than 70 ppb at all locations, with mostRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 7

sites in the southern part of the state displaying values in the low- to mid-60's ppb range. See Attachment B for a technical discussion of data handling conventions and design value calculations . Figure 2-2. 8-Hour Ozone Trends in the Southeast New Hampshire Nonattainment Area, 1990-2011 Ozone Trends in New Hampshire's Nonattainment Area (Annual 8-Hour Ozone 4th High Values) 120 110 100 m a a e 0 r A r c m u e 0 v 90 80 70 60

40 50

~ QrIV 915 0` 0 0 k 0 0 o~ O^ KIP y0oa ob 0o~° ~OoA o% o°~ ,y~ ~yo ,yo ,y0 , ,y0 ,y ,y0 ,y0 ,y0 ,y0 Year °-o--- Brentwood Manchester -*--Nashua s°~° Rochester t Rye -+- Portsmouth

- -1997 NAAQS

Figure 2-3. 8-Hour Ozone Trends in New Hampshire Attainment Areas, 1990-2011 Ozone Trends in Attainment Areas of New Hampshire (Annual 8-Hour Ozone 4th High Values)

100 m a a c 0 A c m u c 0 v 90 120 110

,°'ooe^~.oo~~.'N~

.o9N~o0~"9°'6~°~9A N°~°'0~.°~9otioootioo~tioo~tioo~tiooatioobtioobti°°A ti°°otioootioN otio,,~ 80 70 60 50 40 --Camp Dodge tClaremont -f-Concord Conway -#-Haverhill -~- Keene

-~- Laconia -~-Lebanon Pittsburg - -1997 NAAQSRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 8

Figure 2-4

. 8-Hour Ozone Design Value Trends in the Southeast New Hampshire Nonattainment Area, 1990-2011 Ozone Trends in New Hampshire's Nonattainment Area (Annual 8-Hour Ozone Design Values) 120 110 100 m n. a c 0

.

. . e m u e 0 90 80 70 60 50 40 At, 9~ or~' q1b Q b` Ah O

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The threshold analysis presented in Table 2-1, based on supporting data in Table B-1 of Attachment B, further demonstrates that the Southeast New Hampshire Nonattainment Area is likely to remain in attainment once redesignated . While two of the four monitor sites represented in the table have had at least one value over the threshold, this value would not influence the design value unless it accounted for the season's fourth-highest concentration. In fact, not one of these sites has had a fourth-highest value above its 2012 threshold at any time in its monitoring history. Therefore, it is highly probable that the Southeast New Hampshire Nonattainment Area will continue to achieve attainment . This prospect is supported by the previous introduction of large-scale emission control measures that have reduced NOx emissions across the region - particularly the NOx SIP call and the phase-in of mobile source controls . Table 2-1 . 8-Hour Ozone Monitoring Data : 2012 Threshold Values and 2010-2011 Design

Values Based on Fourth-Highest Annual Maxima (ppb) Monitor AQS 4a' Highest Value Design Value* 2012 Threshold Most Recent Year at

or above Threshold Location Number 2008 : 2009 : 2010 ; 2011 2010 2011 Value** 1" Highest ; 4"' Highest Manchester 330110020 64 60 63 *** 62 *** *** None None Nashua 330111011 67 66 67 65 66 66 123 None None Portsmouth 330150014 69 70 66 64 68 66 125 1988 None Rye 330150016 75 68 66 66 69 66 123 1991 None * Example : The 2010 design value is the 3-year average of the annual fourth-highest 8-hour ozone concentration for the period 2008-2010 . ** The 2012 threshold value is the fourth-highest monitored daily maximum 8-hour ozone value during the 2012 ozone season that would cause the 2012 design value to exceed the 8-hour ozone NAAQS. *** No data; monitor was moved to Londonderry in 2011 .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 9

2.2.4 Ozone-Related Parameters The PAMS stations are set up to monitor ozone, NOx, speciated volatile organic compounds (VOC, mainly hydrocarbons and carbonyl compounds), and meteorological parameters . New Hampshire's current PAMS monitors are located in Nashua (Gilson Road) and on the summit of Pack Monadnock Mountain (Miller State Park), in Peterborough. For its investigation of ozone trends in the Southeast New Hampshire Nonattainment Area and surrounding region, NHDES analyzed data fromthe two PAMS sites in New

Hampshire and nine PAMS sites in Maine and Massachusetts. The analyses confirmthat the many efforts to control NOx and VOC emissions in recent years have resulted in lower ambient concentrations of NOx and TNMOC during the ozone season . Background information, descriptions of the analyses performed, and graphs of the chemical data are presented in Attachment C

. The meteorological portion of the analyses is included in Attachment D . 2 .2.4.1 Oxides of Nitrogen (NOx) Figures 2.5 through 2.7 depict average NOx concentrations in New Hampshire, Maine, and Massachusetts during the PAMS reporting season of June 1 to September 30 for the period 1998- 2010 . Because of monitor site changes in New Hampshire, there are only a few years of data for each PAMS location in the state. Nevertheless, average NOx concentrations at each of the New Hampshire sites either decreased or held nearly constant over the respective measurement period . The more complete data sets from PAMS sites in Maine and Massachusetts demonstrate a clear decline in NOx concentrations over the last decade, indicative of a regional downward trend in the Northeast . 

### Figure 2-5. NOx Trends in New Hampshire, 1998-2010 New Hampshire Average NOx (June-Septernber)

a e 0 c am fJ c O V 10 8 6 4 2 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 " Brentwood " Portsmou ' p Gilson o Miller

Figure 2-6

. NOx Trends in Maine, 1998-2010 Maine Average NOx (June-September) 35 30 25 0 20 15 * . c 10 c V 5 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 " Portland mKittery 0 CadillacRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 10 ~ Figure 2-7. NOx Trends in Massachusetts, 1998-2010 Massachusetts Average NOx (Jurie-September) c0

. . c 0 ». c c 70 60 50 40 30 20 10 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 " Boston mSpringfield 0Worcester o Lynn mNewbury " Blue Hill

The observed decline in NOx concentrations in the three-state area is reflective of the general trend across the Ozone Transport Region (OTR)2. Since 1998, ozone-season average NOx levels in the OTR have fallen steadily by more than 40 percent (Figure 2-8) .

Figure 2-8

. Ozone-Season Average NOx Concentrations in the Ozone Transport Region, 1998-2010 25 20 m a a c 0 c d u e 0 U 15 10 5 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2 .2.4.2 Volatile Organic Compounds (VOC) Figure 2-9 exhibits seasonal averages of total nonmethane organic carbon (TNMOC) and total PAMS-measured hydrocarbons (PAMHC) for the combined data sets of New Hampshire, Maine, and Massachusetts . Both categories of VOCs have decreased in concentration significantly since 1998. In particular, despite year-to-year variations, average concentrations since 2003 have been consistently lower than those in the five preceding years: the average PAMHC concentration was 18 ppbC in 2003-2009 versus 28 ppbC in 1998-2002 .

2 The OTRconsists of eleven states in the northeastern U .S. plus the District of Columbia.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 11 Figure 2-9

. TNMOC and PAMHC Trends in New Hampshire, Maine, and Massachusetts, 1998-2010

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 " TNMOC " PAMHC

Note : 2010 data were not yet available for all states as of this publication . The most recent VOC data from New Hampshire's PAMS sites (Nashua and Pack Monadnock) are graphed in Figures 2-10 and 2-11 . For the period from 2006 to 2010, TNMOC and PAMHC seasonal average concentrations at both sites were relatively stable . The seasonal averages at Pack Monadnock reached their lowest values in 2010 . Figure 2-10

. Average TNMOC and PAMHCin Nashua, New Hampshire, 2006-2010 TNMOC and PAMHCSeasonal Averages

Gilson Road, Nashua V m a c . e 0 R c m u c 0 V 2006 2007 2008 2009 2010 s TNMOC " PAMHC

Figure 2-11 . Average TNMOCand PAMHC on Pack Monadnock in

Peterborough, New

Hampshire, 2006-2010 TNMOCand PAMHC Seasonal Averages Pack Monadnock Summit, Peterborough 60 m 50 a a 40

v 0 ar 0 10 c 30 c 20 s TNMOC mPAMHC

2006 2007 2008 2009 2010Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 12

For Nashua, the 2009 seasonal averages were higher than in 2006-2008 ; but this phenomenon was due to contamination by local emissions . Extensive paving near the Nashua monitoring site began on July 16, 2009, and continued during the rest of the summer . This activity caused elevated values of certain unknown hydrocarbons as well as those on the target list, including 1,2,3- Trimethlybenzene and 1,2,4-Trimethylbenzene, through the end of the PAMS season in September . This local influence resulted in higher averages of PAMHCand TNMOCfor the entire 2009 season . PAMHC and TNMOC dropped to more historically consistent levels in 2010 . In fact, the 2010 seasonal averages are lower than those of any preceding year . Conclusion: Given the relatively stable or declining pattern in recorded ozone and ozone-precursor levels at New

Hampshire monitors over the last 5 to 6 years, and observed longer-term regional decreases in both NOx and VOCemissions (see 4 . PERMANENT AND ENFORCEABLE EMISSION REDUCTIONS), it is expected that ozone concentrations in New Hampshire will remain at attainment levels in the future . 2.3 Summary of Meteorological Analyses Meteorology is a major factor in the formation and transport of ozone and its precursors . High ozone concentrations in southern NewHampshire occur most often when low-pressure systems approach from the Great Lakes or southern Canada while high pressure is situated just off the eastern seaboard . When such a scenario is in place, it provides warmtemperatures, clear skies, and southwesterly winds to allow the transport of ozone and its precursors into the Northeast . Upwind states have successfully begun to address the problem of regional transport and made it possible for New

Hampshire to reach attainment of the 8-hour ozone standard . This fact is reflected by the recent decline in the number of days, year to year, in which New Hampshire's ozone levels have exceeded the NAAQS (see Figure 2-12) . Figure 2-12. Number of Days with Exceedances of the 1997 8-Hour Ozone Standard in New Hampshire, 1985-2011

Oh b~° 01 00 O°~ 00 9N 9~' O~ O~` 9~ 9~° 01 00 9°~ 00 O~ O~' O~ O~` O~ O~° O~ SP O°~ -1,14 NN .O ~y0 ~1 "

0 ~y0 ,y0 ,y0 ,y0 ,y0 e~,0 ey0 ,~,0 r~,0 As required by EPA guidance for the redesignation process, New Hampshire must show

evidence that unusual weather conditions would not have been the essential cause of the area's newly acquired attainment status . NHDES has prepared two types of graphical analyses for this purpose - temperature vs . ozone and wind direction frequency - presented in detail as Attachment Dand summarized below :Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 13

2.3 .1 Temperature vs . Ozone Because warm weather is a principal condition for ozone formation, hotter summers tend to experience greater frequency of ozone exceedances. Figure 2-13 contains a bar graph depicting the number of days each year between 1985 arid 2011 in which the National Weather Service recorded a maximumdaily temperature above 85 F in Concord, New Hampshire . These data are sorted in ascending order by temperature (rather than by chronological order) . Summers have varied fromthe relatively cool summer of 1996, with 20 days having maxima above 85 F, to the very hot summer of 2010, with 63 days having maxima above 85 F. Also included in Figure 2-13 is a blue line graph showing the number of days with 8-hour ozone values exceeding 85 ppb. The upward-sloping trend line of exceedance days against the plotted temperature profile illustrates the expected correlation of ozone exceedances and higher temperatures . The light blue ovals on the line graph identify data points for 2003-2011, a period in which the frequency of exceedances was markedly below the expected frequency based on temperature patterns . Note that the number of exceedances was well below the linear trend line in each year since 2003, despite some very warm summers in 2005, 2007, and 2010. In fact, 2010 had the highest number of days with a maximum temperature over 85 F, but no ozone exceedances. These findings indicate that the decline in ozone levels since 2003 is not solely or primarily due to a decrease in summer temperatures . Figure 2-13 . Number of Days with Maximum Temperatures above 85 F and Number of Days with Ozone Exceedances in New Hampshire, 1985-2011 

### 70 2010 11M Max Temperature >85 F N T to 0 O d E Z

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.~ ~ .~ ~.°~ ~.%~.~~.~ ~.~ ~.°~ ~.°~ ~.°~ ~.°~~y~ ; .~; .~; .~~.~~P kq ;p 2.3.2 Wind Direction Frequency - " -Ozone Exceedances -Linear (Ozone Exceedances) Notes: Temperatures are National Weather Service data from Concord Airport . Data are sorted by number of days with maximum temperature >85 F (therefore, years are not in chronological order) .

Because transport of ozone and its precursors from outside state borders plays a critical role in elevated ozone levels in New Hampshire, another significant factor to consider is wind direction. Surface winds from the southwest are conducive to transport along the Northeast Corridor from metropolitan areas upwind.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 14

Figure 2-14 presents composite wind roses for the months of April-September for the period from 1995 to 2010

. To provide the most consistent basis for comparison, data were taken fromthe longterm databases of the National Weather Service for airport sites in Concord and Portsmouth, New Hampshire. The data were separated into two periods, 1995-2002 and 2003-2010, to distinguish between the wind direction patterns of the earlier period and those of the more recent period characterized by fewer exceedances. The wind roses are based on hourly wind observations for the entire summer season, without regard to ozone concentration. The Concord and Portsmouth wind roses display very different, site-specific wind patterns ; but for each location, the wind direction frequencies were consistent over time. While the number of exceedances was declining, the wind direction patterns for 2003-2010 were remarkably similar to the wind direction patterns for 1995-2002 . Therefore, the observed decline in the number of ozone exceedances since 2003 is not merely a consequence of shifts in wind direction.

Figure 2-14. New

Hampshire Wind Direction Frequencies in the Months of April through September, 1995-2010 Wind Direction Frequencies at Concord Airport Wind Direction Frequencies at Pease Airport, Portsmouth

National Weather Service Data National Weather Service Data

1995-2010 1995-2010 -+-1995-2002 ~-1995-2002 -2003-2010 -a-2003-2010

S S Conclusion: As the graphical analyses show, the reduced number of ozone exceedances in recent years has occurred despite normal variations in temperature and consistent wind direction patterns . Thus, monitored attainment of the Southeast New Hampshire Nonattainment Area is not primarily due to unusual meteorological conditions . Should meteorological conditions during future summers favor transport of pollutants into New Hampshire, ozone levels in the Southeast New Hampshire Nonattainment Area are not expected to exceed the NAAQS because large-scale NOx emission reductions that began with the NOx SIP Call in 2003 will continue to mitigate upwind contributions . Furthermore, the upwind source regions impacting New Hampshire (i .e ., southern New England and the New

York metropolitan area) have higher and more frequent ozone exceedances than New Hampshire and are taking additional steps to control emissions contributing to this situation. These steps will further reduce the amounts of ozone and its precursors available for transport to New Hampshire.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 15

3 . STATE IMPLEMENTATION PLAN FOR NONATTAINMENT AREA New Hampshire's original state implementation plan (SIP) was submitted to EPA on January 27, 1972, and approved on May 31, 1972 (37 FR 10842) . It has undergone many revisions since then to meet newfederal requirements as they occurred . New Hampshire's approved SIP is published in the Code of Federal Regulations at 40 CFR 52 Subpart EE. 3 .1 Recent SIP Revisions Recent revisions to New Hampshire's state implementation plan, all of which are effective for the Southeast New

Hampshire Nonattainment Area, include the following : RACT Certification. Pursuant to 40 CFR 51 .912 and Clean Air Act Sections 172(c)(1), 182(b)(2), and 184(b)(1), this plan revision was submitted to certify reasonably available control technology (RACT) requirements . The submission certified that New Hampshire's RACT regulations for the former 1-hour ozone National Ambient Air Quality Standard (NAAQS), combined with all RACT orders issued by NHDES, satisfied RACT requirements under the 1997 revised 8-hour ozone NAAQS of 0 .08 ppm . NHDES submitted the RACT SIP revision to EPA on January 28, 2008 . Interstate Transport Provisions . In 2005, EPA entered into a consent decree with Earth Justice that obligated EPA to determine whether states had made SIP submissions to meet the requirements of the Clean Air Act, Sections 110(a)(1) and (2) . On April 25, 2005, EPA published a finding that all states had failed to submit SIP revisions addressing interstate transport for the 1997 8-hour ozone and PM2_5 NAAQS (70 FR 21147) . Accordingly, on March 11, 2008, NHDES submitted a SIP revision to EPA to fulfill the requirements of the Finding of Failure and section 110(a)(2)(D)(i) relating to interstate transport of those pollutants . 8-Hour Ozone Certification. The consent decree with Earth Justice also obligated EPA to determine whether states had made submissions meeting the remaining "infrastructure" requirements of CAA Sections 110(a)(1) and (2) for 8-hour ozone and fine particulate matter . To the extent that existing SIPs already satisfied these requirements, states needed only to certify that fact to EPA . NHDES submitted New Hampshire's certification of adequacy for 8-hour ozone on December 14, 2007. EPA approved this SIP revision in a final rule published on July 8, 2011 (76 FR 40248)

. PM2,5 Certifications . In similar fashion, NHDES submitted New Hampshire's certification of adequacy for the 1997 24-hour and average annual PM2 .5 standards on April 3, 2008. EPA published a completeness finding for this submission on October 22, 2008 (73 FR 62902) . NHDES followed this, on September 18, 2009, with submittal of a certification of adequacy for the 2006 revised 24-hour PM2 .5 standard . Regional Haze Plan. In 1999, the Environmental Protection Agency (EPA) issued regulations to improve visibility in 156 national parks and wilderness areas (Federal Class I areas) across the United States . The Regional Haze Rule applies to any state having a federal Class I area as well as any state that contributes to visibility impairment at any (downwind) Class I area . Each state's plan for regional haze takes the formof a SIP revision and must include reasonable progress goals for visibility improvement and a long-term strategy with enforceable emission reductions to meet those goals. On January 29, 2010, NHDES submitted New

Hampshire's regional haze plan to EPA and provided copies to the FederalRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 16 s

Land Managers . Following receipt of agency comments, NHDES made adjustments to the plan, adopted Env-A 2300 Mitigation of Regional Haze, and resubmitted the package as a final SIP revision on January 14, 2011 . In response to additional EPA comments, NHDES submitted further amendments on August 26, 2011 . On February 15, 2012, the Regional Administrator signed a proposed rule, approving the Regional Haze SIP revision . 3 .2 Reasonably Available Control Technology Requirements For areas of New

Hampshire previously designated as 1-hour serious ozone nonattainment areas, Section 182(b) and (c) of the Clean Air Act required the state to adopt RACT rules for VOC sources covered by Control Technique Guidelines (CTGs) issued before and after enactment of the 1990 Clean Air Act Amendments. These sections also required the state to implement RACT requirements for all other major sources of VOCs in the classified nonattainment areas. Note, however, that because New Hampshire is part of the Ozone Transport Region, Section 184(b) requires implementation of VOC RACT for all areas of the state regardless of attainment classification . New Hampshire met these requirements through the adoption of various VOC regulations and individual VOC RACT determinations for all major VOC sources not covered by the CTGs . New Hampshire's VOC RACT rule, codified at Env-A 1204 Stationary Sources of Volatile Organic Compounds (VOCs), applies to facilities in designated source categories that have the potential to emit as little as 10 tons/year of VOCs, depending on the category. This rule expired in 2010 and was readopted with amendments, effective June 1, 2011 . The rule, renumbered as Chapter Env-A 1200, was amended to address the CTGs issued by EPA in 2006, 2007, and 2008 for Group 11, III, and IV source categories, respectively; and the applicability threshold for sources in those categories was set at 3 tons/year of actual VOC emissions, prior to controls . The readopted rule was submitted to EPA as a SIP revision on July 26, 2011 . Section 182(f) required states to make similar provisions for major stationary sources of NOx. Accordingly, New

Hampshire established NOx RACT regulations covering major NOx sources in all areas of the state and issued NOx RACT determinations for several such sources. New Hampshire's NOx RACT rule, codified at Env-A 1211 Nitrogen Oxides (NOx), applies to facilities that have the potential to emit 50 tons/year of nitrogen oxides or that meet specific size thresholds based on heat input capacity or other measure. This rule expired in 2010 and was amended, renamed, renumbered, and readopted as Env-A 1300 Nitrogen Oxides (NOx) Reasonably Available Control Technology (RACT), effective October 31, 2010 . The readopted rule was submitted to EPA as a SIP revision on March 31, 2011 . 3 .3 1-Hour Ozone Attainment Demonstration Section 182(c) of the Clean Air Act required any state with a serious nonattainment area for ozone to submit by November 15, 1994, a SIP revision demonstrating how the state would attain the 1- hour ozone standard . Notwithstanding significant efforts by the states, in 1995 EPA recognized that many states in the eastern half of the United States could not meet this deadline because of ozone transport related to NOx and VOCemissions in upwind states . EPA subsequently allowed the states more time for study and planning . On June 30, 1998, NHDES submitted an attainment demonstration (SIP revision), for New Hampshire's 1-hour ozone nonattainment area . In a final rule published on December 6, 2002 (67 FR 72574), EPA approved New Hampshire's attainment demonstration and its attainment-level motor vehicle emissions budget for the NewHampshire portion of the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 17

3.4 Reasonable Further Progress Requirements Section 182(c) also required any state with a serious nonattainment area for ozone to prepare a plan for reasonable further progress (RFP) to reduce VOC emissions by at least 15 percent from 1990 base year levels by November 15, 1996, and to achieve an additional 9 percent reduction in VOC emissions by November 15, 1999. NHDES submitted New Hampshire's 15%

RFP plan to EPA on February 2, 1994 (subsequently revised May 10, 1994, ; October 11, 1994; and August 29, 1996), followed by New

Hampshire's 9%RFP plan on September 27, 1996. These plans were specific to the Portsmouth-Dover-Rochester 1-hour ozone nonattainment area and the New Hampshire portion of the Boston-Lawrence-Worcester 1-hour ozone nonattainment area . EPA published final rules approving SIP revisions for the 15% RFP plan on December 7, 1998 (63 FR 67405), and April 16, 2002 (67 FR 18493) . With respect to the 8-hour ozone standard, EPA's clean data determination (see next paragraph) suspended the requirements for a reasonable further progress plan and other SIP elements for the southern New

Hampshire area . 3 .5 Clean Data Rule for 8-Hour Ozone Attainment Froman analysis of monitoring data for the period 2007-2009, EPA determined that the Southeast NewHampshire Nonattainment Area (moderate) had reached attainment of the 8-hour ozone NAAQS. A final rule published on March 18, 2011 (76 FR 14805), effective on April 18, 2011, suspended the requirements for this area to submit an attainment demonstration, an RFP plan, contingency measures, and other State Implementation Plan elements related to attainment of the 8- hour ozone NAAQS. This determination is consistent with EPA's Clean Data Rule (40 CFR 51 .918), which exempts the state from certain SIP requirements if the area has three consecutive years of air quality data showing it meets the NAAQS, for as long as the area continues to attain the standard .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 18

4 . PERMANENT AND ENFORCEABLE EMISSION REDUCTIONS Recent air quality improvements in the Southeast New Hampshire Nonattainment Area, evidenced by the decline in 8-hour ozone design values, are the result of fewer emissions of NOx and VOC from a broad spectrum of sources: stationary point, area, and mobile . Most of the improvement over 2000-2002 baseline values is attributable to implementation of federally mandated emission control programs - in particular, the NOx SIP Call and the Federal Motor Vehicle Emission Control Program (FMVCP) . Various New Hampshire programs have also reduced in-state emissions during the same period . More than 90 percent of all pollutants responsible for the formation and presence of high concentrations of ground-level ozone in New Hampshire's nonattainment area originate from emission sources in upwind states .3 However, the transported pollutants from upwind states have shown steady declines since the early 1990s as a result of federal emission control programs and control measures adopted into the SIPs of upwind states . Air quality improvements associated with the remaining 10 percent of pollutants (i .e ., in-state emissions) can be attributed to permanent and enforceable emission reduction measures adopted by New Hampshire. 4 .1 Emission Control Programs Regional and state strategies to control ozone have focused on reducing emissions of NOx and VOC as the major photochemical precursors of ground-level ozone formation. In urban areas, the relatively high density of local emission sources can lead to elevated concentrations of ozone . At the same time, ozone concentrations in both urban and rural areas are influenced by regional transport - the movement of ozone and its precursors by the wind. Controlling both NOx and VOC emissions can be effective for reducing local ozone levels in urban locations, while controlling NOx is typically more effective for reducing regional impacts, especially in NewHampshire, where biogenic sources dominate VOC emissions. As a consequence, ground-level ozone in New Hampshire may be addressed most successfully through a combination of regional programs focused on controlling NOx emissions and local programs controlling both ozone-precursor types. Some emission control programs for NOx and VOC were implemented and began to yield demonstrable emission reductions within the region prior to the 2000-2002 baseline period. That is, these programs were already reducing ozone-causing emissions before the official designation of New Hampshire's 8-hour ozone nonattainment area, but continued thereafter to provide real and permanent decreases in emissions from the affected source categories, especially where source turnover/replacement is an important element of rule penetration (e .g., nonroad engines) . On the other hand, some emission control measures implemented since 2000-2002 may not have had sufficient time yet to reach maximumrule penetration and full effectiveness. Thus, the downward trend in emissions attributable to control measures already in place is expected to continue. It should be emphasized that the decline in ozone concentrations from nonattainment to attainment levels in New

Hampshire is due to implemented control measures rather than special circumstances such as the shutdown of a major emission source . In the future, New Hampshire intends to maintain existing emission control programs or replace them with equivalent or more stringent control measures as necessary to comply with all applicable laws and regulations . 3 New Hampshire Department of Environmental Services, "Air Pollution Transport and How It Affects New

Hampshire," May 2004.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 19

Tables 4-1 and 4-2 list federal and state enforceable emission control requirements that have contributed to the documented improvements in 8-hour ozone levels in the nonattainment area . Table 4-3 lists all NOx and VOC RACT orders for individual sources issued by NHDES since 2001 .

Table 4-1 . Federal Emission Control Measures for NOx and VOC in the Southeast New Hampshire Nonattainment Area Federal Control Measure Citation NH SIP Revision National VOC Emission Standards for Consumer and Commercial Products 40 CFR 59 -- Standards of Performance for New Stationary Sources 40 CFR 60 -- Acid Rain Nitrogen Oxides Emission Reduction Program 40 CFR.76 -- Control of Air Pollution from Mobile Sources 40 CFR 85 -- Control of Emissions from New and in-Use Highway Vehicles and Engines 40 CFR 86 -- Control of Air Pollution from Aircraft and Aircraft Engines 40 CFR 87 -- Control of Emissions fromNew and in-Use Nonroad Compression-Ignition Engines 40 CFR 89 -- Control of Emissions from Nonroad Spark-Ignition Engines 40 CFR 90 -- Control of Emissions from Marine Spark-Ignition Engines 40 CFR 91 -- Control of Air Pollution fromLocomotives and Locomotive Engines 40 CFR 92 -- Control of Air Pollution from Marine Compression-Ignition Engines 40 CFR 94 -- NOx Budget Trading Program for State Implementation Plans 40 CFR 96 -- Reasonable Further Progress CAASection 182(b)(1) and CAASection 182(c)(2)(B) 63 FR 67405 and 67 FR 18493 VOC Reasonably Available Control Technology (RACT) CAASection 182(b)(2) and CAASection 182(c) 63 FR 11600 and 67 FR 48036 NOx Reasonably Available Control Technology (RACT) CAASection 182(f) 62 FR 17092 Gasoline Vapor Recovery : Stage II Vapor Recovery CAASection 182(b)(3) and CAASection 182(c) 63 FR 67405 Motor Vehicle Inspection and Maintenance CAA Section 182(b)(4) and CAA Section 182(c) 67 FR 65710 Enhanced Vehicle Inspection and Maintenance (Alternative Program) CAASection 182(c)(3) 66 FR 1868 Attainment Demonstration: 1-Hour Ozone CAASection 182(c)(2xA) 67 FR 72574 Onboard Vapor Recovery (ORVR) CAASection 202(a)(6) -- Emissions Control Diagnostics : Onboard Diagnostic (OBD) Systems CAASection 202(m) -- Reid Vapor Pressure Requirements CAASection 211(h) -- Reformulated Gasoline for Conventional Vehicles CAASection 211(k) -- Conformity CAASection 176(c) 64 FR 44417 M otor Vehicle Emissions Budget (MVEB) l C AA Sec ti on 1 8 2( c)(5) ~ 74 FR 8863 Note : The above list is not necessarily inclusive of all federal measures to control NOx and VOCthat contributed to air quality improvements in the Southeast New Hampshire Nonattainment Area prior to the 2007-2009 attainment period.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 20 ~ Table 4-2. State Emission Control Regulations for NOx and VOC in the Southeast New Hampshire Nonattainment Area (SIP-approved rules in black, other State rules in blue) NH Administrative Rule Effective Submitted for EPA Description Date(s) EPA Approval Approval Env-A 622 Additional Requirements in Non- 01-30-1999 07-02-99 07-27-2001 Provisions applicable to Attainment Areas andthe New Hampshire Portion of 66 FR 39100 new major stationary the Northeast Ozone Transport Region sources and major Env-A 618 (formerly 622) Additional Requirements 10-28-2002 Not Submitted modifications to existing in Non-Attainment Areas and the New Hampshire sources. Portion ofthe Northeast Ozone Transport Region Env-A 623 Prevention ofSignificant Deterioration 07-27-2001 08-06-2001 10-28-2002 Preconstruction review (PSD) ofAir Quality Permit Requirements 67 FR 65710 procedures for new major stationary sources and Env-619 (formerly 623) Prevention ofSignificant 04-26-2003 Not Submitted major modifications to Deterioration (PSD) ofAir Quality Permit existing sources in areas Requirements where existing air quality meets the NAAQS

. Env-A 1204 Stationary Sources of Volatile Organic 08-31-1995 06-28-96 03-10-98 Provisions for Compounds (VOCs) 10-24-96 63 FR 11600 implementation of

............ ............ .. ............. .... ....... ... . . .. . .... . Env-A 1204.09 (Metal Cans) reasonably available

_ .. . .... .. . . ... .. ..... ........ .. control technology Env-A 1204.10 (Paper, Fabrics, Filmand Foil (RACT) on certain Substrates) VOC-emitting sources. Env-A 1204.12 (Metal Furniture Coating) Env-A 1204.13 (Magnetic Wire Insulation Coating)

..... ............. ... ............ .. . ....... ....... .... . .. .. . ..... . ..... . . (Note : Env-A 1204 was readopted as Env-A 1200 , Env-A 1204.14 (Coating of Metal Coils) effective 06-01-2011, and

. ............ ............. .... .............. . ................ .... .... . .. ...... . Env-A 1204.15 (Miscellaneous Metal Parts and submitted for SIP Products) approval on 07-26-

... .... ... .... . ............ . .... ........... . ....... ............. .. 2011 .) Env-A 1204.17 (Coating of Wood Furniture, Burial Caskets, and Gunstock) Env-A 1204.18 (Rotogravure and Flexographic Printing)

............... . .................. .... ........ ... . . . . . . . Env-A 1204.19 (Offset Lithographic Printing)

...... .... ............ .. ............ . .. . . . . ..... . . ............ ........... ...... . ." .... . ... . ...... ... ... . . . . Env-A 1204.20 (Fixed Roof Tank VOL Storage) Env-A 1204.21 (External Floating Roof Tanks)

............ .................. .. ....... .. . . ... .. . .... ..... . Env-A 1204.22 (Bulk Gasoline Loading Terminals)

..... .............. ... ..... .. ...... .. . ....... ...... . .... ........ . . ............. . .. Env-A 1204.23 (Bulk Gasoline Plant) Env-A 1204.25 (Cutback and Emulsified Asphalt)

............ .. ........ ....... .. . . ....... . .. . . Env-A 1204.26 (Solvent Metal Cleaning) Env-A 1204.27 (Misc. and Multicategory Station 08-31-1995 06-28-96 07-23-2002 VOCSources) 10-24-96 67 FR 48033 Env-A 1204 Stationary Sources of Volatile Organic 12-31-2002 03-17-2003 Approval not yet Compounds (VOCs) acquired Env-A 1204.09 (Metal Cans) Env-A 1204.10 (Paper, Fabrics, Film and Foil Substrates)

........ ..... ............. ... .................. .. . ........... ............ .. ......... ....... .. Env-A 1204.12 (Metal Furniture Coating) Env-A 1204.13 (Magnetic Wire Insulation Coating) Env-A 1204.14 (Coating of Metal Coils)Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 21

NH Administrative Rule Effective Submitted for EPA Description Date(s) EPAApproval Approval Env-A 1204.15 (Miscellaneous Metal Parts and Products) Env-A 1204.17 (Coating Plastic Components of Automotive Interiors) Env-A 1204.18 (Coating Plastic Components of Automotive Exteriors Env-A 1204.19 (Specialty Coatings on Automotive Components) Env-A 1204.25 (Coating of Wood Furniture, Burial Caskets and Gunstock) Env-A 1204.36 (Rotogravure and Flexographic Printing) Env-A 1204

.37 (Offset Lithographic Printing) Env-A 1204

.38 (Fixed Roof Tank VOL Storage) Env-A 1204.39 (External Floating Roof Tanks) Env-A 1204.40 (Bulk Gasoline Loading Terminals Env-A 1204.41 (Bulk Gasoline Plants) Env-A 1204.42 (Cutback and Emulsified Asphalt Env-A 1204.43 - 1204.47 (Solvent Metal Cleaning) Env-A 1204.48 (Misc

. And Muilticategory Stationary VOC Sources) Env-A 1204 Stationary Sources of Volatile 02-26-2005 07-09-07 Approval not yet Organic Compounds (VOCs) acquired Env-A 1204.02 Scope Env-A 1204.03 Definitions Env-A 1204.43 (Solvent Metal Cleaning) Env-A 1204.44 (Cold Cleaning) Env-A 1205 VOC

: Gasoline Dispensing Facilities 08-17-1992 12-07-98 Requirements for and Gasoline Tank Trucks 63 FR 67405 underground storage tank

. ... . ... .... .. ...... . .... ... ... . . ... .. .. Env-Wm1404 (formerly Env-A 1205) Gasoline .. . . . ..... ........ . .... . . . . . 02-25-2004 ...... . .. ....... . . . . .. .

Not Submitted facilites to prevent and Dispensing Facilities, Bulk Gasoline Plants, and 08-21-2004 minimize the Cargo Trucks contamination of the land and water of the state. Env-A 1211 Nitrogen Oxides (NOx) 08-31-1995 04-09-1997 Provisions for Env-A 1211 .03 (Utility Boilers) 62 FR 17087 implementation of reasonably available Env-A 1211 .05 (Industrial Boilers) control technology

......... ... ............ ... .................. . .......... . . ... ..... . Env-A 1211 .06 (Combustion Turbines) (RACT) on certain NOxemitting sources. Env-A 1211 .07 (Stationary Internal Combustion Engines) (Note: Env-A 1211 was Env-A 1211 .08 (Asphalt Plant Dryers) readopted as Env-A 1300,

. ............. ... ............ . ... ..... .. ........ .......... ... . .. . Env-A 1211 .09 (Incinerators)

............ ............ . . . ............ . ...... ........ . . ... ..... ... . ... . .. . . . . .... . . . . ...... . . effective 10-31-2010, and submitted for SIP Env-A 1211 .10 (Wallboard Manufacturing)

_ . ............ . .... ............ .................. . ........... ... . ... .... .... . . . . . . . . . approval on 03-31-2011 .)

. . .. .. . . .. .. Env-A 1211 .11 (Emergency Generators) , . ............ ..... .................. . . . . .. . Env-A 1211 .12 (Auxilliary Boilers) Env-A 1211 .13 (Load Shaving Units) Env-A 1211 .14 (Miscellaneous Stationary Sources)Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 22

NH Administrative Rule Effective Date(s) Submitted for

EPA Approval EPA

Approval Description Env-A 1211 Nitrogen Oxides (NOx) 10-31-2002 03-17-2003 Approval not yet 12-22-2004 07-09-07 acquired Env-1211 .03 (Utility Boilers) Env-A 1211 .05 (Industrial Boilers) Env-A 1211 .06 (Combustion Turbines) Env-A 1211 .07 (Stationary Internal Combustion Engines)

_

. ..... .. ........ ...:. ...... ......... . ...... ......... . . ...... . Env-A 1211 .08 (Asphalt Plant Dryers) Env-A 1211 .09 (Incinerators) Env-A 1211 .10 (Wallboard Manufacturing)

. ... . Env-A 1211 .11 (Emergency Generators) Env-A 1211 .12 (Auxilliary Boilers) 12-22-2004 07-09-07 Env-A 1211 .13 (Load Shaving Units) Env-A 1211 .14 (Miscellaneous Stationary Sources) Env-A 1500 Conformity 04-19-1996 08-16-1999 Provisions related to the Env-A 1502 Conformity ofGeneral FederalActions 04-25-1996 07-10-1996 08-16-1999 nformi of federal co actions to New

_ ............ . ....... ...... . ......... 64 FR 44417 .. .,

.... .. .. .... . .. . Hampshire's SIP . Env-A 1500 Conformity

............. .... ... . .... . . .. . ...... Env-A 1501 Transformation Conformity 10-27-1995 12-1-1998 Approval not yet 8-27-1998 acquired 10-14-2003 06-22-2005

...... ...... .... . . . ... ........ ... . Env-A 1502 Conformily ofGeneral Federal 10-14-2003 Actions 06-22-2005 Env-A 3200 NOx Budget Trading Program 07-27-1998 11-14-2000 Provisions to implement 65 FR 68078 New

Hampshire's NOx Env-A 3200 NOx Budget Trading Program 08-25-1999 Not Submitted Budget Program to help 02-01-2000 achieve attainment of the 05-24-2003 ozone NAAQS . 02-28-2004 08-25-2007 11-02-2007 02-21-2008 Saf-C 3200 Official Motor Vehicle Inspection 11-17-1998 01-10-2001 Provisions related to Requirements

. ........ ... .............. . . .......... ...... . .... .......... ... ... .. 66 FR 1868 control of motor vehicles

. . .................. ........... .... . . Saf-C 3221A Emissions Requirements emissions . Saf-C 3200 Offzcial Motor Vehicle Inspection Requirements

. ... .... .......... ....... ... ....... ...... . .......... Saf-C 3220 Emissions Requirements 06-22-2007 Saf-C 3222 On-board Diagnostic System 07-26-2002 06-20-2008 Saf-C 5800 Roadside Diesel Opacity Inspection 11-17-1998 01-10-2001 Provisions implementing 66 FR 1868 a roadside heavy-duty Saf-C 5800 Roadside Diesel Opacity Inspection 01-01-1999 diesel emissions testing I program . !Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 23

Table 4-3

. NOx and VOC RACT Orders Issued in New Hampshire, 2001-Present Order No. Company Name Pollutant Effective Date 96-001 Textile Tapes Corp. VOC 04-19-02, rev . 08-10-07 99-001 Kalwall Corp. - Manchester VOC 11-20-01 00-001 Anheuser Busch, Inc. VOC 04-15-02 01-001 Waste Management of NH, Inc. - Turnkey NOx 08-26-02, rev . 08-11-11 01-002 Hutchinson Sealing Systems, Inc. VOC 08-08-02 02-001 Hitchiner Manufacturing Co., Inc. - Milford VOC 06-20-02 02-003 Newington Energy, LLC NOx 09-09-02 03-001 * Parker Hannifin Corporation, Chomerics VOC 07-17-02 03-001 * Sturm, Ruger & Company, Inc. VOC 10-13-03, rev . 12-01-03 & 03-02-10 03-002 Gates Mectrol Inc .** VOC 06-16-03 04-001 Newington Energy, LLC NOx 06-20-07 05-001 * Anheuser Busch, Inc. NOx 05-09-05 05-001 * Metal Works, Inc. VOC 12-22-04 06-001 PSNH Schiller Station - Unit #5 NOx 08-04-06 07-001 Webster Valve, Inc. VOC 04-20-07, rev . 04-20-07 07-002 TFX Medical, Inc. VOC 08-07-07 07-003 Concord Litho Group, Inc. VOC 09-17-07 07-004 Polyonics, Inc. ~ VOC I 12-28-07 * duplicate numbers issued ** facility shut down ; letter to cancel RACT order sent to EPA on 07-02-09 4.2 Upwind Emission Reductions As mentioned above, a broad array of NOx and VOC emission controls in upwind states has largely made possible the attainment of the 1997 8-hour ozone standard in the Southeast New Hampshire Nonattainment Area . The observed improvement in air quality would not have occurred without the concerted efforts of EPA and the Ozone Transport Commission (OTC) to reduce the emitted amounts of both pollutants across the region . In September 1994, the OTC member states4 adopted a memorandumof understanding to achieve regional NOx emission reductions . Phase I began with the installation of RACT, followed in Phases 11 and III by the development and implementation of regulations to achieve further reductions in ozone-season NOx emissions by 1999 and 2003, respectively . The second and third phases were modeled on the cap-and-trade principle and resulted in the creation of the OTC NOx Budget Program .s This program established a de facto NOx emission rate of 0.15 lbs/MMBtu for 4 The OTC includes the states of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New

Jersey, Pennsylvania, Maryland, Delaware, and the District of Columbia . 5 The NOx Budget Programinvolves an allowance trading systemwhich harnesses free market forces to reduce pollution, similar to the U .S. EPA's Acid Rain Program . Under this program, budget sources were allocated allowances by their state governments. Each allowance permits a source to emit one ton of NOx during the control period (May through September) for which it is allocated or any later control period. Allowances may be bought, sold, or banked . Any person may acquire allowances and participate in the trading system . Each budget source must comply with the programby demonstrating at the end of each control period that actual emissions do not exceed the amount of allowances held for that period . However, regardless of the number of allowances a source holds, it cannot emit atRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 24 "

participating electric generating units and large industrial boilers. Rules for New Hampshire's participation in the OTC NOx Budget Program are codified at Chapter Env-A 3200 . In the midst of these efforts, in 1998, EPA issued a final rule aimed at reducing the regional transport of NOx and ozone. This rule, commonly known as the NOx SIP Call, required 22 eastern states and the District of Columbia (not including New Hampshire) to reduce ozone-season NOx emissions . Compliance with the NOx SIP call began on May 1, 2003, for the participating OTC states 6 and on May 31, 2004, for states outside the Ozone Transport Region. Although the NOx SIP Call provided states with the flexibility to design their own programs to meet the NOx reduction requirements, all affected states chose to participate in a regional cap-and-trade program .7 The NOx SIP Call and the NOx Budget Trading Program (NBP) have had a major effect on reducing regional transport of this pollutant . EPA data presented in Figure 4-1 showthat total ozone-season NOx emissions from all NBP sources fell from 1,256,000 tons in 2000 to 481,000 tons in 2008.8 Figure 4-1 . Ozone-Season NOx Emissions from All NOx Budget Trading ProgramSources 

### 2,200 2,000 0 1,800 1,600 1,400 1,200 0 1,00(1 800 w 600 x 400 200 0 1990 2000 2003 2004 2005 2006 2007 Ozone Season " Ozone Season N0, Emassions (thousend tons) " Total StateTrading Budgets Notes : " Data reflect full ozone season emissions in all years for all states. The year 2000 baseline value has been adjusted to correct a misprint in Figure 5 of the 2007 NB P report . " The 2008 total state trading budgets include opt-in allowances, where applicable (New York, Ohio, and West Virginia) . Source : EPA, 2009 2008

levels that would violate other federal or state limits (e .g ., NSPS, Title IV, NOx RACT) . 6 The NOx SIP Call superseded Phase III of the OTC NOx Budget Program . Maine, New

Hampshire, and Vermont were not participating states . ' The NOx Budget Trading Program established under the NOx SIP Call is separate and distinct fromthe OTC NOx Budget Program

. 8 USEPA, The NOx Budget Trading Program : 2008 Highlights, December 2008; available at http ://www

.epa .gov/airmarkt/progress/NBP 4.html .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 25

On March 10, 2005, EPA issued the Clean Air Interstate Rule (CAIR) to further reduce air pollution that moves across state boundaries . CAIR established permanent emission caps for nitrogen oxides (and sulfur dioxide) emanating from major sources in eastern states - representing a 60 percent cut in NOx emissions from 2003 levels . On July 6, 2011, following a round of legal challenges to the original rule, EPA replaced CAIR with the Cross-State Air Pollution Rule, which corrected certain deficiencies in the original . Although not fully implemented before its withdrawal, CAIR yielded significant reductions in NOx emissions and transport ; these realized air quality benefits will continue largely in effect under the replacement rule . At the same time it was addressing NOx emissions, EPA was developing programs to reduce VOC emissions on a broad scale. Since the 1990's, EPA has mandated numerous mobile and area source controls for VOC (see Table 4-1), all of which have contributed to improved air quality in New Hampshire and the other downwind states . As a complement to these federal efforts, the OTC developed model rules to be implemented by the individual member states for a number of VOC and NOx source categories . The OTC model rules were developed in three series : 2001/2002, 2006, and 2009/2010. (Note: Some of the 2009/2010 model rules exist in draft form .) Adoption of these rules (or their equivalent) in a number of upwind states has helped to reduce the transport of ozone and its precursors into New Hampshire. 9 As illustrated in Figure 4-2, both NOx and VOC emissions in the eastern United States declined steadily between 1997 and 2004 for all major source categories . Figure 4-2

. Ozone-Season NOx and VOC Emissions in the Eastern United States

by Source Category : 1997, 2002 and 2004 n

C m S& w m c .(~ tu

Source : EPA 4 .3 In-State Emission Reductions Note: Other Includes emissions fromnonroad, pourer industry, and nonsolvent industrial processes

. Aggregated reductions in NOx and VOC emissions from all sources in New Hampshire are partly responsible for New

Hampshire's attainment of the 8-hour ozone standard . Table 4-4 summarizes statewide emissions by source category for the inventory years of 2002, 2005, and 2008.

9 Status reports on states' adoption of the OTC model rules may be viewed by clicking on links to the model rule adoption matrices available at http ://www .otcair .oreJinterest .asp?Fview=stationary_.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 26

Table 4-4

. NOx and VOC Emissions in New Hampshire, 2002, 2005, and 2008 (tons/year) S C 2002 Emissions 2005 Emissions 2008 Emissions ource ategory 

### NOx VOC NOx VOC NOx VOC Point 9,938 2,010 12,583 1,404 6,734 962 Area 10,681 56,054 11,482 59,263 4,678 19,510 Non-Road Mobile 9,108 22,099 8,746 21,485 8,877 18,916 On-Road Mobile 30,755 16,895 26,874 14,151 21,450 9,431 I Total ~ 60,482 97,058 59,685 96,303 41,739 48,819 Note : A revised methodology (EPA's residential wood combustion tool) was used in the 2008 inventory for residential wood combustion; this resulted in substantially lower estimates of NOx and VOCfor area sources. Ozone-season daily NOx and VOC emissions in New Hampshire by source category are represented graphically in Figures 4-3 and 4-4.

Figure 4-3. Ozone-Season Daily NOx Emissions in New Hampshire by Source Category : 2002, 2005, and 2008

~ 450,000 R 'a 400,000 a 350,000 300,000 3 a 250,000 m 200,000 e y 150,000 £ 100,000 W K 50,000 z 0 Point Area Non-Road On-Road Total Mobile Mobile I 0 2002 0 2005 0 20081 Figure 4-4. Ozone-Season Daily VOC Emissions in New Hampshire by Source Category : 2002, 2005, and 2008 ; 450,000 ~ 400,000 c . 350,000 N 300,000 3 a 250,000 200,000 ~°G 150,000

~ 100,000 W v 50,000 O > 0 Point Area Non-Road On-Road Total Mobile Mobile I " 2002 " 2005 0200Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 27

5 . COMPLIANCE WITH SECTION 110 AND PART D OF THE CLEANAIRACT Pursuant to Section 107(d)(3) of the Clean Air Act, state implementation plan submittals requesting redesignation of any area or portion thereof must meet all requirements applicable to the area under Title 1, Part A, Section 110 - Implementation Plans, and Title 1, Part D- Plan Requirements for Nonattainment Areas. According to EPA's interpretation1°, to qualify for redesignation, a state requesting redesignation to attainment must meet the relevant CAA requirements that come due prior to the submittal of a complete redesignation request . Applicable requirements of the CAA that come due subsequent to the area's submittal of a complete redesignation request remain applicable until a redesignation is approved, but are not required as a prerequisite to redesignation. The Section 110 and part D requirements which are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request. Part D, Sections 172-176 of the CAA set forth the basic requirements for all nonattainment areas. General provisions for nonattainment plans appear in Section 172(c) . Section 182 establishes additional specific requirements depending on the area's nonattainment classification . Section 182(b) prescribes specific measures for a moderate nonattainment area such as the Southeast New Hampshire Nonattainment Area. Section 184 establishes additional requirements applicable to the area because of its location within the Ozone Transport Region. Previous EPA statements" indicate that conformity, new source review requirements, and OTR requirements are not applicable to considerations of redesignation as they are not directly linked with an area's designation and classification. In particular, 0

0 It is reasonable to interpret the conformity SIP requirements as not applying for purposes of evaluating the redesignation request under Section 107(d) because state conformity rules are still required after redesignation and federal conformity rules apply where state rules have not been approved. It is reasonable to interpret the Section 184 OTR requirements, including NewSource Review(NSR), as not being applicable for purposes of redesignation based on two factors. First, the requirement to submit SIP revisions for the Section 184 requirements continues to apply to areas in the OTR after redesignation to attainment . Therefore, the state remains obligated to have NewSource Review (as well as RACT and Vehicle Inspection and Maintenance (I/M) programs) even after redesignation. Second, the Section 184 control measures are region-wide requirements and do not apply to the area by virtue of its designation and classification . Once an area has been redesignated to attainment status, NSR requirements for nonattainment areas under Part D will be replaced by programrequirements for Prevention of Significant Deterioration (PSD) under Part C of Title I . NHDES submitted a New Source Review

equivalency demonstration to EPA on January 3, 2006, detailing how New Hampshire's current and proposed programs are at least as stringent as the federal NSRand PSD programs . lo EPA memorandumfrom John Calcagni, Director, Air Quality Management Division, "Procedures for Processing Requests to Redesignate Areas to Attainment," September 4, 1992. 11 EPA, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Maine; Redesignation of the Portland, ME and the Hancock, Knox, Lincoln and Waldo Counties, Maine 8-Hour Ozone Nonattainment Areas to Attainment for Ozone; Proposed Rule, October 17, 2006 (71FR 60937) .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 28

For redesignation, a major consideration is the adequacy of maintenance provisions to assure continued attainment of the standard . In the present redesignation request, the maintenance plan presented in 6

. MAINTENANCE PLAN meets the requirements set forth in Section 175A of the CAA . The emissions inventory requirements of Section 172(c)(3) are satisfied by the inventory developed for the maintenance plan as described in 6 .1 Attainment Inventory. The requirements of Section 172(c)(9) for contingency measures are fulfilled in 6 .5 Contingency Plan . NHDES asserts that New Hampshire's implementation plan meets the requirements of Section 110 and Part D for the state, in general, and for the Southeast New Hampshire Nonattainment Area, in particular . The required rulemaking authority, powers of the Commissioner, provisions for permits and enforcement, and other provisions necessary to meet the state's obligations under the Clean Air Act are established in New Hampshire's Revised Statutes Annotated (RSA), Chapter 125-C Air Pollution Control . Regulations implementing New Hampshire's air program are established in the Rules Governing the Control of Air Pollution, New Hampshire Code of Administrative Rules Env-A 100 through 4800 . (Note: Many New

Hampshire air rules have received SIP approval ; see relevant titles listed in Table 4-2) . Additional requirements for controlling mobile source emissions are found in rules issued by the Department of Safety at Saf-C 3200 and Saf-C 5800 . Provisions for compliance with the specific elements of Section 110 are described in more detail below . 5.1 Requirements of Section 110(a)(2) Section 110(a)(2) of the Clean Air Act and EPA regulations at 40 CFR 51, Subparts K and L, require that New

Hampshire's state implementation plan:

0

. Provide for legally enforceable emission reporting and recordkeeping; Provide for periodic testing and inspection of emission sources and for enforcement and investigation of complaints ; Include procedures for implementing transportation-related emission control measures ; Contain legally enforceable procedures to require stationary sources to install, calibrate, maintain, and operate equipment for continuously monitoring and recording emissions ; Demonstrate that the state has legal authority to adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards ; Demonstrate that the state has the legal authority to enforce applicable laws, regulations, and standards and to seek injunctive relief; Provide the state with the legal authority to abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons; Demonstrate that the state has the legal authority to prevent the construction, modification, or operation of a facility which directly or indirectly results or may result in emissions of any air pollutant at any location that will prevent the attainment or maintenance of a national standard ; Demonstrate that the state has the legal authority to obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations and standards and that the state has the legal authority to make inspections and conduct tests of air pollution sources.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 29

New Hampshire meets these requirements by having adopted and implemented the following state laws and regulations that are at least as stringent as the applicable federal requirements established for the protection of air quality: 5.1 .1 Emission Reporting and Recordkeeping Env-A 900 Owner or Operator Recordkeeping and Reporting Obligations requires that records be kept at sources that discharge air pollutants so that the emissions of such pollutants can be readily calculated or estimated and reported to NHDES for the purposes of demonstrating compliance, compiling emission inventories, and developing air-related strategic plans. The statutory authority for this regulation is provided in RSA 125-C :4,1 . 5.1 .2 Periodic Testing and Inspection Env-A 800 Testing and Monitoring Procedures establishes minimum testing and monitoring procedures, calculation procedures, and standards for any owner or operator of a stationary source, area source, or device, required to perform testing or monitoring to determine compliance with RSA 125-C, any permit issued by the division, or the requirements of other provisions of Env-A 300 et seq. The statutory authority for this regulation is contained in RSA 125-C :6, XI, XII . Statutory provisions for investigations and enforcement are established in RSA 125-C:6 and RSA 125-C:15. 5.1 .3 Transportation-Related Control Measures Env-A 1501 Transportation Conformity implements Section 176 of the Clean Air Act and 40 CFR 93, Subpart A, with respect to transportation plans, programs, and projects developed, funded, or approved by the federal government or that are deemed regionally significant . Conformity determinations made under this rule ensure that the metropolitan planning organization (MPO) and state transportation plans, programs, and projects in the non-attainment areas adhere to New Hampshire's SIP

. The statutory authority for these regulations is provided in RSA 125-C:4. (See expanded description under 5.4 Transportation Conformity .) Additional regulations for controlling mobile source emissions are presented at Saf-C 3200 Official Motor Vehicle Inspection Requirements and Saf-C 5800 Roadside Diesel Opacity Inspection . 5.1 .4 Continuous Monitoring and Recording of Emissions Env-A 808 Continuous Emission Monitoring requires the owner or operator of a stationary source meeting certain conditions to install, operate, and maintain a CEM systemand to performquality assurance testing on that system . The statutory authority for this regulation is provided in RSA 125- C :6, XI, XII . 5.1 .5 Legal Authority and Emergency Powers Legal authority to carry out New Hampshire's implementation plan is vested in the Commissioner of the New

Hampshire Department of Environmental Services under New Hampshire statutes RSA 125-C :4 Rulemaking Authority; Subpoena Power and RSA 125C:6 Powers and Duties of the Commissioner (see Attachment E) . The Commissioner has delegated to the Director of the Air Resources Division major responsibilities for carrying out New Hampshire's air programs . (Note:Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 30

Under RSA 125-C:8 Administration of Chapter ; Delegation of Duties, the Commissioner cannot delegate rulemaking authority .) Permit conditions, orders, or directives issued by the Commissioner may be enforced by NHDES or by the New Hampshire Attorney General . NHDES may resolve a violation through an administrative consent agreement, schedule and hold an enforcement hearing, or refer the violation to the Attorney General to initiate a civil or criminal action. The Governor has appointed the Director of the Air Resources Division, acting under the authority of the Commissioner, as his designee for requesting EPA's approval of revisions to New Hampshire's State Implementation Plan (see Attachment E) . The authority of the Commissioner to undertake specific actions is established in the following sections of state law

:

0 RSA 125-C:4 Rulemaking Authority; Subpoena Power provides the Commissioner with the legal authority to adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards . RSA 125-C

:6 Powers and Duties of the Commissioner provides the Commissioner with the legal authority to prevent the construction, modification, or operation of a facility which directly or indirectly results or may result in emissions of any air pollutant at any location that will prevent the attainment or maintenance of a national standard; to obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations and standards ; and to make inspections and conduct tests of air pollution sources. RSA 125-C

:9 Authority of the Commissioner in Cases of Emergency provides the Commissioner with the legal authority to abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons. RSA 125-C:15 Enforcement provides the Commissioner with the legal authority to enforce applicable laws, regulations, and standards and to seek injunctive relief. 5.2 Continuance of Existing Control Requirements after Redesignation New Hampshire's implementation plan incorporates federal requirements for demonstrating that the ozone standard can be maintained in future years in the Southeast New Hampshire Nonattainment Area. Continued attainment of the standard is supported by adherence to anti-backsliding provisions established in Section 173(e) of the CAA and by maintenance provisions developed specifically for this area redesignation to meet the requirements of Section 175A (see 6. MAINTENANCE PLAN) . Note that, in compliance with federal anti-backsliding requirements, existing NOx and VOC RACT control measures (as well as other control measures) implemented within the ozone nonattainment area will remain in effect after redesignation to attainment . Under EPA's anti-backsliding rules, areas designated nonattainment for the 1-hour ozone standard at the time of the 8-hour ozone designations remained subject to certain control measures that applied by virtue of the area's classification for the 1-hour NAAQS (40 CFR 51 .900 et seq.) . 40 CFR 51 .905(a)(1) prescribes the 1-hour NAAQS requirements that continue to apply to former 1-hour ozone nonattainment areas after revocation of the 1-hour NAAQS: "The area remains subject to the obligation to adopt and implement the applicable requirements as defined in section 51 .900(f), . . ."Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 31

40 CFR 51 .900(f) reads : "Applicable requirements means. . .the following requirements to the extent such requirements apply or applied to the area for the area's classification under section 181(a)(1) of the CAAfor the I -hour NAAQS at designation for the 8-hour NAAQS: . . ." For New

Hampshire's former 1-hour marginal nonattainment area, the applicable requirements are as follows: " RACT; " I/M programs ; For NewHampshire's former 1-hour serious nonattainment areas (Seacoast and Southern), the applicable requirements are as follows : " RACT; " I/M programs ; " Major source applicability cut-offs for purposes of RACT; " ROP reductions ; " Stage II vapor recovery; " Clean fuels fleet program under Section 182(c)(4) of the CAA ; " Enhanced (ambient) monitoring under Section 182(c)(1) of the CAA ; " Transportation controls under Section 182(c)(5) of the CAA ; " NOx requirements under Section 182(f) of the CAA ; and " Attainment demonstration or an alternative as provided under 40 CFR 51 .905(a)(1)(ii) . New Hampshire asserts that all required control provisions shall remain in place to prevent backsliding and assure maintenance of the 1997 8-hour ozone NAAQS after redesignation of the area to attainment . The 1-hour ozone attainment demonstration was submitted and approved, as previously described in 3.3 1-Hour Ozone Attainment Demonstration. Provisions for NOx and VOC RACT are as described in 3 .2 Reasonably Available Control Technology Requirements. Rate of Progress (ROP) reductions are as described in 3.4 Rate-of-Progress Requirements . NewHampshire notes that it recently revoked the requirement that newgasoline dispensing facilities shall be equipped with Stage II vapor recovery control equipment and simultaneously adopted a requirement that owners of existing gasoline dispensing facilities equipped with Stage II controls shall decommission such equipment by . December 22, 2015. This rulemaking was necessary to prevent a situation - forecast to occur in the next few years - whereby the Stage II equipment, because of incompatability with ORVR equipment, would cause more VOC emissions than it would prevent . New Hampshire is preparing a separate SIP submittal demonstrating that these rule changes will not violate the anti-backsliding requirements of section 110(1) of the Clean Air Act . The demonstration would have been included with this SIP revision, but has been delayed as NHDES resolves discrepancies in motor vehicle emission estimates after conversion to the new MOVES model . New Hampshire has a motor vehicle I/M program requiring annual inspections of all motor vehicles . Pre-model year 1996 vehicles that are less than 20 years old undergo a visual anti-tampering inspection. Model year 1996 and newer gasoline and 1997 and newer diesel vehicles up to 8,500 pounds Gross Vehicle Weight Rating (GVWR) are subject to an annual onboard diagnostics (OBD) inspection as specified in 40 CFR Parts 51 and 85 . In addition, heavy duty diesel vehicles (GVWR >10,000 Ibs) are also subject to randomroadside opacity testing (see NH statute RSA 266:59-b and New Hampshire Department of Safety Administrative Rules Saf-C 3200 and Saf-C 5800) .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 32

NHDES operates two enhanced ambient air monitoring stations as required by Section 182(c)(1) of the CAA for serious nonattainment areas for the 1-hour ozone standard . These Photochemical Assessment Monitoring Stations (PAMS) were originally configured to track NOx and VOC emissions up- and downwind of the Portsmouth, New Hampshire, metropolitan area. With EPA approval, this network has since been modified to reflect updated science and to track high- and low-elevation ozone precursor emissions entering the state from the southwest . Because of the revocation of the 1-hour ozone standard, the PAMS monitors operate in an 8-hour ozone nonattainment area currently classified as moderate. New Hampshire meets Section 182(c)(5) requirements through compliance with the transportation conformity requirements found at 40 CFR Part 93. Using a consultative process set forth in Env-A 1500, New

Hampshire ensures that transportation-related emissions remain consistent with emission levels projected in the state's attainment demonstration and established in the motor vehicle emissions budgets. 5 .3 Permitting of Stationary Sources Under Chapter Env-A 600 Statewide Permit System, all new, modified, and existing stationary emission sources of specified sizes and types are required to obtain permits; operate in compliance with applicable laws and regulations ; maintain and test emission control equipment ; and keep detailed records of emissions, fuel use, and related parameters . In addition, NHDES has the authority to conduct periodic inspections and surveillance of emission sources, to enter property at any reasonable time for such purposes, to require the submission of detailed plans and other data from permit applicants, and to require the submission of information regarding actual or suspected violations . New Hampshire's process for permit application and reviewincludes consideration of air quality impact analysis (modeling), emission control technology, operational limitations, public participation, and other procedural requirements for both existing sources seeking operating permits (renewals) and new

or modified sources seeking temporary (initial construction) permits prior to operation. The permit process also includes consideration of federal NewSource Review requirements applicable to all major sources of NOx, VOC, and other regulated pollutants . State rules designed to protect air quality in existing attainment areas are found at Part Env-A 619 Prevention of Significant Deterioration (PSD) Air Quality Permit Requirements . These rules meet requirements of the Clean Air Act pertaining to PSD and visibility protection as established in Section 110(a)(2) of Title I, Part A and Sections 160-169 of Title I, Part C . These rules also are at least as stringent as EPA requirements published at 40 CFR 51 .166 and 40 CFR 52 .21 . All information submitted to NHDES in permit applications is available for public disclosure. Any exceptions to this general statement are determined by the provisions of RSA 125-C :6, VII, and Env-A 103 Claims of Confidentiality . 5 .4 Monitoring of Stationary Sources NHDES requires qualifying facilities to install, maintain, and use emission monitoring devices and to make periodic submittals to NHDES on the nature and quantity of emissions. Air program rules at Chapter Env-A 800 Testing and Monitoring Procedures establish minimum testing and monitoring procedures, calculation methods, standards, and other requirements to determine compliance with applicable state/federal laws and rules. Part Env-A 808 Continuous EmissionRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 33

Monitoring establishes the requirements for CEMs at major emission sources. Chapter Env-A 900 Owner or Operator Recordkeeping and Reporting Obligations identifies requirements for keeping records of and reporting actual emissions to NHDES and EPA . All permitted emission sources are required to file annual emission statements by April 15 for the previous calendar year . NHDES is required to make all information on emissions available for public inspection, including any reports correlating source emission data with applicable emission standards and limitations. 5.5 Transportation Conformity In addition to requirements for the control of NOx and VOC emissions, the 1990 Clean Air Act Amendments established specific provisions regarding the conformity of transportation actions. Transportation conformity ("conformity"), as established in Section 176(c)(4) of the Act, is a way to ensure that Federal funding and approval goes to those transportation activities that are consistent with air quality goals as outlined in a SIP. Conformity applies to transportation plans, transportation improvement programs (TIPs), and projects funded or approved by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA) in areas that do not meet or previously have not met air quality standards for ozone, carbon monoxide, particulate matter, or nitrogen dioxide. These areas are known as "nonattainment areas" or "maintenance areas," respectively . Regulations governing transportation conformity are found in 40 CFR Parts 51 and 93. EPA regulations for transportation conformity (40 CFR Parts 51 and 93) require MPOs and the U .S. Department of Transportation (US DOT) to make conformity determinations on metropolitan transportation plans and TIPs before they are adopted, approved or accepted . In addition, highway or transit projects which are funded or approved by the Federal Highway Administration or the Federal Transit Administration must also receive a conformity determination before they can be approved or funded by US DOT or an MPO . Regionally significant projects, regardless of their funding source, must also undergo a conformity finding. The federal rule applies in all nonattainment areas, or areas with maintenance plans for ozone, carbon monoxide, nitrogen oxides or particulate matter . EPA's transportation conformity regulations, first promulgated November 24, 1993, have been amended several times, including on July 1, 2004, when EPA issued a final rule to implement conformity for the 8-hour ozone NAAQS, and on May 6, 2005, March 10, 2006, and January 24, 2008. Conformity determinations are made by demonstrating consistency with adequate or EPA-approved motor vehicle emissions budgets (MVEBs) established by rate-of-progress plans, attainment demonstrations, or other control strategy implementation plans. Section 176(c)(2)(A) specifically requires conformity demonstrations to showthat emissions fromtransportation plans and TIPs are consistent with estimates of emissions from motor vehicles and necessary emission reductions as established by reasonable further progress, attainment demonstrations, and maintenance demonstrations contained in the SIP . MVEBs are the explicit or implicit identification of the motorvehicle-related portions of the projection inventory used to demonstrate reasonable further progress milestones, attainment, or maintenance for a particular year identified in the SIP . The MVEBs establish a cap on emissions which cannot be exceeded by predicted highway and transit vehicle emissions . On July 28, 2008, EPA deemed adequate for purposes of conformity New Hampshire's SIP revision establishing MVEBs for the Southeast New Hampshire Nonattainment Area. On February 27, 2009, EPA proposed final approval of the budgets, effective April 29, 2009. NHDES developed theseRequest for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 34

budgets using the MOBILE6 .2 modeling platform

. Subsequently, NHDES prepared new MVEBs using EPA's MOVES2010a model to be consistent with the agency's latest policy on modeling emissions frommobile sources. As part of this redesignation request, NHDES is requesting that EPA withdrawthe approved MOBILE6 .2 2009 MVEBs and replace them with the newMOVES 2008 MVEBs (summarized in Table 5-1) . Electronic input/output files for MOVES are provided as Attachment F. Simultaneously, NHDES is submitting 2022 MVEBs for NOx and VOC for use in determining transportation conformity (see Table 5-1 and Attachment F) . NHDES used MOVES to calculate onroad emissions of NOx and VOC for the 52 cities and towns in Hillsborough, Merrimack, Rockingham, and Strafford Counties comprising the Southeast NewHampshire Nonattainment Area. In this submittal, New Hampshire is proposing MVEBs for the last year of the 8-hour ozone maintenance planning period (2022) at 8 .9 tons per summer day (tpsd) of VOC and 11 .8 tpsd of NOx. These on-road mobile source emissions, when added to emissions fromall other inventory sources - stationary, area, and other mobile sources (i .e ., non-road, marine vessels, airplanes, and locomotives) - result in a year 2022 emissions inventory lower than the year 2008 attainment inventory .(see NOx and VOC emissions summary in Table 6-1) . These emissions budgets, once approved or deemed adequate by EPA, must be used for future transportation conformity determinations . Table 5-1 . 2008 and 2022 Motor Vehicle Emission Budgets for the Southeast New Hampshire Nonattainment Area (tons per summer day)

2008 2022 Category NOx VOC NOx VOC Onroad 37 .2 17 .8 11 .8 8 .9 I 5.6 Vapor Recovery: Stage II and Onboard Refueling EPA established the federal Stage II vapor recovery program, a VOC emissions reduction control measure, in Section 182(b)(3) of the CAA . This section of the CAA directs state or local air pollution control agencies with moderate or worse ozone nonattainment areas to require Stage II vapor recovery systems (VRS) at gasoline dispensing facilities (GDF) . However, Section 202(a)(6) of the CAA, states that the Section 182(b)(3) Stage Il requirement shall not apply in moderate areas after new motor vehicle onboard refueling vapor recovery (ORVR) requirements are promulgated. For the Ozone Transport Region, there is an additional requirement, in Section 184(b)(2) of the CAA, for 1) EPA to "complete a study identifying control measures capable of achieving emission reductions comparable to those achievable through vehicle refueling controls contained in section 7511 a (b)(3) of this title, and such measures or such vehicle refueling controls shall be implemented in accordance with the provisions of this section" (referred to as comparable measures) ; and 2) OTR states to revise their state implementation plans to require Stage 11 controls or comparable measures in OTR areas (statewide in New Hampshire) . 12 This requirement is not affected by EPA's promulgation of ORVR rules, or by any future widespread use determination under CAA Section 202(a)(6) . lZ See U .S. EPA, Stage II Comparability Studyfor the Northeast Ozone Transport Region, EPAPublication No. EPA452/R-94-O11, January 1995.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 35

Portions of New

Hampshire's four-county nonattainment area (the Southern and Seacoast Serious areas) were assigned a higher than moderate classification for the 1997 ozone NAAQS, and the entire state is located in the OTR . Therefore, NHDES has required Stage II controls as an element of the state's federally enforceable implementation plan in the four-county nonattainment area since 1992. The Stage 11 requirements were codified in NewHampshire rule Env-A 1205 Volatile Organic Compounds (VOC) : Gasoline Dispensing Facilities and Gasoline Tank Trucks and subsequently approved into the SIP.13 (Note that New Hampshire identified comparable measures to avoid the OTR statewide Stage II requirement .) The CAA required EPA to develop standards for ORVR controls on new light-duty vehicles, which were phased in between 1998 and 2002 . However, there is a technology mismatch : vacuumassist Stage 11 control systems are not fully compatible with ORVR-equipped vehicles . ORVR diminishes the effectiveness of the vacuumassist Stage II vapor recovery systems, resulting in an increase in emissions compared to the levels expected during refueling of non-ORVR-equipped vehicles . Consistent with these findings, NHDES has determined that Stage II vapor recovery controls are providing a diminished emissions reduction benefit due to the predominance of ORVR-equipped vehicles in the New

Hampshire fleet . This benefit will disappear altogether over the next several years as more ORVR-equipped vehicles enter the fleet . Because of the conflicting technology and its potential to increase refueling emissions as ORVR achieves "widespread use," 14 NHDES, with guidance from EPA, is removing the Stage II requirement for existing and future gasoline dispensing facilities . Note, however, that NHDES is not submitting the phase-out of Stage II as a formal component of this SIP revision to redesignate the 1997 8-hour ozone nonattainment area, but will submit a separate request to remove Stage II requirements fromthe SIP in the near future . 5.7 Resource Commitments Section 110(a)(2)(E) of the CAA requires assurances that the state will have adequate personnel, funding, and authority under state law to carry out the State Implementation Plan. Funding for New Hampshire's air programs is appropriated by the NewHampshire General Court on a biannual budget cycle. EPA provides significant financial support for the administration of federal programs in New Hampshire . The majority of funding is derived through the Air Resource Division's permit fee structure. NHDES is committed to providing continued funding and staffing levels adequate to maintain New

Hampshire's implementation plan . 5.8 Future Revisions to the Plan NHDES will revise the maintenance plan for the redesignated area, as necessary, to meet revisions to the NAAQS for ozone, to fulfill other requirements of the Clean Air Act, or take advantage of improved methods for maintaining the standard . More specifically, in compliance with Section 175A of the Act, NHDES will revise the maintenance plan eight years after redesignation of the area, or at any such time that EPA deems the maintenance plan inadequate to meet the NAAQS.

'3 See 63 FR 67405, December 7, 1998, at http ://www .epa.gov/reQionl/topics/air/sips/sips nh .html . '4 See U . S. EPA, Stage 11 Vapor Recovery Systems Issues Paper, Office of Air Quality Planning and Standards (D243-02), August 12, 2004, at http ://www .epa .gov/ttn/naaqs/ozone/ozonetech/sta eg 2/isspaper081204 pdf .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 36

6 . MAINTENANCE PLAN Section 175A of the Clean Air Act sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment . The plan must demonstrate continued attainment of the applicable NAAQS for 10 years after the area is redesignated . Section 175A(b) requires that, eight years after formal redesignation, the state submit a SIP revision for maintenance of the standard for an additional 10 years following the first 10-year period . To provide for appropriate response to the possibility of future NAAQS violations, the maintenance plan must contain contingency measures adequate to assure prompt correction of any air quality problems, including a schedule for implementation. EPA guidance15 recommends that states seeking redesignation of a nonattainment area consider the following provisions to ensure maintenance of the NAAQS: An attainment emissions inventory to identify the level of emissions in the area that is sufficient to attain the NAAQS . A maintenance demonstration showing that future emissions of a pollutant or its precursors will not exceed the level of the attainment inventory over the 10-year period following redesignation. Continued operation of an appropriate air quality monitoring network to verify the area's attainment status . Verification of continued attainment and evidence that the state has the legal authority to implement and enforce all measures necessary to attain and maintain the NAAQS. Available contingency measures to promptly correct any NAAQS violation, including a schedule for implementation. 6 .1 Attainment Inventory The attainment emissions inventory should identify the level of emissions sufficient to achieve the NAAQS. This inventory should be consistent with EPA's most recent guidance on emission inventories for nonattainment areas available at the time and should include emissions during the time period associated with the monitoring data showing attainment of the ozone NAAQS. Where the state has made an adequate demonstration that air quality has improved as a result of the SIP, the attainment inventory will generally be the actual inventory during the time period the area attained the standard . The inventory must be based on "typical summer day" emissions of VOCs and NOx during the attainment year . NHDES has developed an attainment inventory for 2008, representing the three-year period (2007- 2009) in which New

Hampshire's ozone monitoring data showed attainment of the 8-hour ozone standard . (Note that the monitoring data have met this standard since the 2002-2004 monitoring period) . The 2008 attainment inventory and projected future inventories (see 6 .2.1 Projected 2012 and 2022 Emissions Inventories) are subdivided into the following general emissions categories : Point Sources, which represent discrete facilities . These sources usually must meet certain emission criteria to be included as point sources and generally represent larger facilities . Area Sources, which represent facilities and activities too numerous and widespread to be inventoried individually but which collectively may account for significant emissions . '5 See footnote 10

.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 37 Non-Road Mobile Sources, including aircraft, locomotives, commercial marine vessels, construction vehicles, lawn & garden equipment, and other mobile vehicles and equipment that are not meant to be operated on roadways . On-Road Mobile Sources, including cars, trucks, buses, motorcycles, and other vehicles that operate on public roadways . The 2008 attainment inventory and the projected 2012 interim-year and 2022 maintenance inventories represent all NOx and VOC,emissions originating within the specific cities and towns of the 8-hour ozone nonattainment area (see Table 1-1 for list) . These inventories were developed in accordance with EPA guidance . Because the 2008 emissions inventory serves as the attainment inventory for this redesignation request, it is being formally adopted into the New Hampshire SIP. The 2008 emissions inventory is also being submitted to EPA for inclusion in the 2008 National Emissions Inventory. Detailed documentation for New Hampshire's 2008 emissions inventory is presented for SIP approval as Attachment G . The methodologies used in preparing the 2008 emissions estimates are summarized in the following paragraphs . For point sources, affected facilities in New Hampshire are required to report their emissions on an annual basis . The reporting requirements for these facilities are provided under New Hampshire's air regulations, its state air permitting program, and the CERR . Data submitted by these facilities are extensively cross-checked and quality assured by NHDES staff before eventual submittal to EPA . The point source data contained in New Hampshire's 2008 attainment inventory originated fromthe quality-assured 2008 data fromall reporting point sources in the 8-hour nonattainment area . The methodologies used to estimate emissions for area source categories come primarily from EPA's Emissions Inventory Improvement Program(EIIP) . Calculations for many area source categories are based on variables such as population, employment, and fuel consumption data . Descriptions of the methodologies for specific area source categories can be found in EIIP Volume 3, Area Sources, which is available at EPA's Clearinghouse for Inventories and Emissions Factors website at http ://www

.epa .gov/ttn/chief/eiip/techreport/volume03/index .html . For the non-road mobile category, NHDES used EPA's NONROAD2008a model to estimate 2008 emissions for those equipment types that are included in the model . For commercial aircraft and airport ground service equipment, NHDES used the Federal Aviation Agency's (FAA's) Emissions & Dispersion Modeling System (EDMS) . Standardized methodologies and references were employed for equipment types not included in the EDMS or NONROAD models, e .g., locomotives and commercial marine vessels . For on-road mobile sources, NHDES used MOVES2010a with VMT and other road related data provided by the relevant MPOs within the state's nonattainment area . Results represent emissions originating in cities and towns in the non-attainment area only, not whole counties as had been reported previously . Estimated emissions for the 2008 attainment inventory are shown in Table 6-1 . 6 .2 Maintenance Demonstration EPA guidance on redesignation provides for demonstrating maintenance of the NAAQS through the use of either an emissions inventory approach (where a state demonstrates that future emissions of a pollutant or its precursors will not exceed the level of the attainment inventory), or by air quality modeling to show

that future emission rates from all sources will not cause a violation of the NAAQS .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 38

The maintenance demonstration should be for a period of 10 years following the redesignation and should consider future growth, including population and industry, be consistent with the attainment inventory, and provide documentation of data inputs and assumptions. All elements of the demonstration should be consistent with current EPA guidance. Enforceability through regulations must also be demonstrated . Any assumptions concerning emission rates must reflect permanent, enforceable measures . A state generally cannot take credit for reductions unless there are regulations in place requiring those reductions or the reductions are otherwise shown to be permanent . Therefore, the state is expected to maintain its implemented control strategy despite redesignation to attainment, unless such measures are shown to be unnecessary for maintenance or are replaced with measures that achieve equivalent reductions . Emission reductions from source shutdowns can be considered permanent and enforceable to the extent that those shutdowns have been reflected in the State Implementation Plan and all applicable permits have been modified accordingly. 6 .2.1 Projected 2012 and 2022 Emissions Inventories New Hampshire has chosen to utilize the emissions inventory approach to demonstrate that its future emissions of ozone precursors will not exceed the level of the 2008 attainment inventory, and has projected emissions for 2012 and 2022.16 Table 6-1 shows that future emissions of NOx and VOC will remain below the level of New

Hampshire's 2008 attainment inventory through the 10- year planning period following redesignation - the result of a continuing decline in total emissions . The projected emissions reflect the expected summertime emissions based on enforceable emission limits and typical production rates. The methodologies used to estimate projected 2012 and 2022 emissions are discussed in the following paragraphs .

Table 6-1 . 2008 vs . 2012 and 2022 NOx and VOCEmissions in the Southeast New

Hampshire Nonattainment Area (pounds per day) NOx VOC Source Category 2008 2012 2022 2008 2012 2022 Point 24,289 21,655 22,742 5,762 5,288 6,605 Area 6,528 6,243 6,432 55,871 57,885 70,195 Non-Road Mobile 31,364 26,121 17,670 33,512 26,863 19,152 On-Road Mobile 74,352 51,204 23,558 35,666 26,985 17,839 Total 136,533 105,223 70,402 130,811 117,021 113,791 Except as noted below, New Hampshire used EPA's Economic Growth Analysis System (EGAS) Version 5.0 to develop the applicable growth factors for estimating projected 2012 and 2022 emissions. Growth factors were matched to the appropriate point, area, and mobile source categories using Source Classification Codes (SCC) . With respect to area sources, New Hampshire has adopted or is evaluating various control measures for a number of VOC source categories such as solvent cleaning, architectural surface coating, etc. For those measures that are not yet SIPapproved, the attendant emission reductions benefits are omitted from the 2012 and 2022 inventories. As a consequence of this conservative approach, it is anticipated that actual future-year emissions will be lower than the projected emissions presented in Table 6-1 . '6 The maintenance plan must showthat emissions 10 years after the date on which EPA approves the redesignation request (expected to be in 2012) will be lower than they were in the base year (2008) of the maintenance plan .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 39

Because analysis year is an inherent input into the NONROAD model, projected 2012 and 2022 non-road mobile emissions were estimated directly for those non-road equipment categories that are included in the model . For other non-road mobile categories such as aircraft, locomotives, and CMVs, the appropriate EGAS growth factors were used . For commercial aircraft and airport ground service equipment, the EGAS growth factors were applied to the specific activities (e .g ., aircraft landing and takeoff operations) ; and the growth-adjusted values were then input into the EDMS model . (Note: The EDMS model uses the analysis year to select the appropriate emission factors.) For on-road mobile sources, VMT data were provided by the relevant Metropolitan Planning Organizations (MPOs) via their transportation demand models that use population, employment and other economic factors as inputs to growth-adjust to 2012 and 2022 . These values were subsequently used as inputs to the MOVES model . Vehicle population data were adjusted for subsequent years using the growth factors from Table 3-14 of MOVES2010 Highway Vehicle Population and Activity Data, EPA-420-R-10-026, November 2010 . In addition to growth factors and future control measures, another consideration in making emission projections is that sources in New Hampshire hold a certain quantity of banked emissions under the state's open market trading program . As of 2011, these sources held 68 tons of ozone-season Discrete Emissions Reductions (DERs) and 254 tons per season of ozone-season Emissions Reductions Credits (ERCs) for VOC . Similarly, New

Hampshire sources held 1,882 tons of ozoneseason DERs and 198 tons of ozone-season ERCs for NOx. It is expected that these credits will remain banked and not be used. However, it was conservatively assumed that all available emissions credits would be used. Therefore, they have been included in the project point source emissions estimates shown in Table 6-1 . All of the technical data files related to the projected 2012 and 2022 emissions inventories are enclosed on CD-ROM as Attachment H

. 6 .2.2 Air Quality Modeling Although EPA's redesignation guidance does not require air quality modeling for ozone nonattainment areas seeking redesignation, extensive modeling has been performed to determine the effect of national and regional emission control strategies on ozone air quality in New Hampshire and throughout the eastern United States . These modeling analyses have demonstrated that the Southeast New

Hampshire Nonattainment Area is significantly impacted by transported ozone and ozone precursors and that regional NOx reductions will provide significant ozone air quality improvements in this area . 6 .2.2.1 EPA Modeling Analysis for the Nonroad Land-Based Diesel Engines Standards In 2003, EPA conducted modeling to support the rulemaking for the Nonroad Land-based Diesel Engines Standards .' 7 In its analysis, EPA used the Comprehensive Air Quality Model with Extensions (CAMx) to evaluate the impacts of the proposed emission reductions on future air quality levels . Three meteorological episodes (June 12-24, 1995; July 5-15, 1995 ; and August 7-21, 1995) were used for the modeling simulations . Ambient monitoring showed that ozone concentrations over the eastern United States were relatively elevated during these time periods. '7 "Technical Support Document for the Nonroad Land-based Diesel Engines Standards Air Quality Modeling Analyses", U

.S. EPA Office of Air Quality Planning and Standards, April 2003 .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 40

Using the relative reduction factor method, EPA applied CAMx to predict ozone values under several emissions scenarios: the 1996 base year, the 2021 baseline case, the 2021 control case, the 2030 baseline case, and the 2030 control case. Results of this modeling showthat under both the base case (without new rules on nonroad land-based diesel engines) and under the control scenario (with these new

rules), there would be no counties in New Hampshire with predicted future design values that exceed (or come within 10 percent of) the 8-hour ozone standard . 6 .2.2.2 EPA Modeling Analysis for the CAIR Rulemaking More recently, EPA conducted a similar modeling analysis as part of the Clean Air Interstate Rule (CAIR) rulemaking'g . In this analysis, EPA used CAMx version 3.10 to model the 1995 ozone episode meteorology described above (i .e ., June 12-24, July 5-15, and August 7-21, 1995) . The analysis years and emissions scenarios that were assessed included : " 2001 Base Year " 2010 Base Case " 2010 CAIR Controls " 2015 Base Case " 2015 CAIR Controls " 2015 CAIR + BART " 2015 BART Only The 2010 and 2015 base cases reflect expected economic growth and the anticipated benefits associated with existing emissions control programs . As with the modeling done for the non-road diesel rulemaking, the CAMx model predictions for the CAIR analysis were used in a relative manner . Weighted-average 1999-2003 design values were used as the basis of the observed 8-hour ozone concentrations . EPA then estimated maximum8- hour ozone design values for each future-year scenario for each county in the modeling domain with an ozone monitor. Table 6-2 shows the maximum estimated future 8-hour design values for New Hampshire. These results showthat, even without the emissions benefits associated with CAIR, all New Hampshire counties were predicted to be in attainment for 8-hour ozone for the 2010 and 2015 analysis years. Table 6-2. Summary of CAIR Modeling Results for Ozone Levels in New Hampshire (ppb) C t 1999-2003 i n A D Estimated Maximum8-hour Future Design Values oun y g

verage es Value 2010 Base 2010 CAIR 2015 Base 2015 CAIR Belknap 78 .0 68 .5 68.2 65.8 65 .0 Carroll 66 .5 60 .3 60.0 58.6 58 .0 Cheshire 73 .7 65 .2 64.9 63 .1 62 .0 Hillsborough 85 .0 76 .7 76.6 74.1 73 .9 Merrimack 73 .0 64 .8 64.6 62.3 61 .8 Rockingham 82.7 75 .2 75.1 73 .3 72.9 Strafford 77.3 69.2 69.1 I 66.8 I 66.5 Note : Data taken fromAppendix E of EPA's Technical Support Document for the Final Clean Air Interstate Rule, Air Quality Modeling, March 2005.

18 "Technical Support Document for the Final Clean Air Interstate Rule, Air Quality Modeling", U .S. EPA Office of Air Quality Planning and Standards, March 2005 .Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 41

6 .3 Air Quality Monitoring Network Once an area has been redesignated, the state must continue to operate an appropriate air quality monitoring network in accordance with 40 CFR Part 58, to verify the area's attainment status . In cases where measured mobile source parameters (for example, vehicle miles traveled) have changed over time, the state may also need to perform a saturation monitoring study to determine the need for and location of additional permanent monitors . NHDES is committed to the continued operation and maintenance of an appropriate air quality monitoring network for the Southeast New Hampshire Nonattainment Area, contingent on future EPA funding sufficient to sustain the network at the required operational levels . 6 .4 Verification of Continued Attainment Verification of continued attainment can be accomplished through the acquisition of air quality data and source emission data . Air quality data will directly show whether the ozone NAAQS is being met in real time and over specified averaging periods. The gathering of source emission data enables the construction of periodic updates to emissions inventories for tracking progress in emission control measures or supplying inputs for revised air quality modeling projections . Emission inventory updates could be based, in part, on the annual update of EPA's national emissions inventory (NEI) database and could indicate new source growth and other changes from the attainment inventory (such as changes in vehicle miles traveled or in traffic patterns) . New Hampshire will track the progress of attainment maintenance by making periodic updates to the state emissions inventory. NHDES ordinarily revises the emissions inventory on a 3-year cycle; the latest one, the 2008 inventory, was completed in 2010 . Subsequent updates will be prepared for 2011 and 2014. NHDES will report the results of this tracking programto EPA on the same 3-year cycle, when the emissions inventory data become available. 6 .5 Contingency Plan Section 175A(d) of the Clean Air Act requires that a maintenance plan include contingency provisions to promptly correct any violation of the NAAQS that occurs after redesignation of a nonattainment area to attainment status . As an enforceable part of the SIP, the contingency plan should be implemented expediently if and when the need arises . According to EPA guidance 19, the contingency plan should clearly identify the measures to be adopted, a schedule and procedure for adoption and implementation, and a specific time limit for action by the state. The plan should also identify specific indicators, or triggers, that the state will use to determine when the contingency measures are needed. Action-level indicators might be based on ambient ozone concentrations (e .g., monitored violations of the NAAQS) or on updated emission inventory values (e .g ., tonnages of specific ozone-precursor pollutants)

. EPA points out that air quality levels above the NAAQS will not automatically necessitate a revision of the SIP where implementation of contingency measures is adequate to address the cause of the violation. The need for a SIP revision is subject to the EPAAdministrator's discretion. EPA states in its guidance that the agency will reviewwhat constitutes a contingency plan on a case-bycase basis. At a minimum, it is required that the state implement all measures contained in the SIP for the nonattainment area prior to its redesignation to attainment . '9 See footnote 10.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 42

Despite New Hampshire's best efforts to maintain compliance with air quality standards, the possibility exists that ambient ozone concentrations might at some future date exceed the NAAQS . Therefore, in accordance with the requirements of Section 175A(d), New Hampshire has identified various contingency measures that could be taken following an ozone "trigger" event and is committed to pursuing the following protocol : 1 . At the conclusion of each ozone season, NHDES will evaluate whether the 8-hour ozone design value for any ozone monitor in the redesignated planning area is above or below the 1997 8-hour ozone standard (the "trig ~er") . The design value, in the case of this standard, is defined as the average of the annual 4' highest daily maximum8-hour average concentration for the preceding 3-year period . 2 . If the design value is above the standard for any ozone monitor, NHDES will investigate the cause and determine whether the exceedance is due to :

. an increase in emissions fromlocal, in-state sources; an increase in emissions from upwind, out-of-state sources; or exceptional event as defined in 40 CFR 50.1 . 3. If an increase in in-state emissions is determined to be a contributing factor to the exceedance, NHDES will evaluate the projected in-state emissions for the next ozone season . If the projected in-state emissions are not expected to decrease enough in the next ozone season to mitigate the violation, New Hampshire will implement one or more of the contingency measures listed below or will substitute other VOC or NOx control measures as necessary to achieve additional in-state emission reductions . 4 . The contingency measures(s) will be selected by the Governor or the Governor's designee within six months of the end of the ozone season for which contingency measures have been determined to be needed. New Hampshire will then initiate a course of action to implement enforceable control measure(s) to rectify the problem . New rulemaking can typically be adopted and implemented within a 12-month timeframe . NHDES will update the maintenance plan as necessary and develop and implement required regulations as soon as practicable within the guidelines established in the New Hampshire Administrative Procedures Act, but no later than 18 months after selection of the appropriate measure. New Hampshire is studying an array of possible contingency measures that would achieve further reductions in NOx and VOC emissions, including the following emission controls previously proposed by the Northeast states :

. NOx controls for industrial, commercial, and institutional (ICI) boilers ; VOC controls for emulsified and cutback asphalt paving; and VOC controls for consumer products . These contingency measures are among several OTC control measures" exceeding current on-thebooks/on-the-way (OTB/OTW) emission controls and serving as a subset of potential additional controls measures called beyond-on-the-way (BOTW) . Details on BOTW control measures may be found in MACTEC's report "Development of Emission Projections for 2009, 2012 and 2018 for NonEGU Point, Area and Nonroad Source in the MANE-VU Region," Final Report, February 2007 . 20 MACTEC Federal Programs, "Identification and Evaluation of Candidate Control Measures," Final Technical Support Document, Ozone Transport Commission, February 28, 2007.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 43

Estimated emission reductions for New Hampshire fromthe three named control measures are given in Table 6-3. Table 6-3

. Estimated Emission Reductions from Three BOTW

Control Measures Control Measure Pollutant 2009 Estimated Emission Reductions (tons per day) ICI Boilers (OTC 2006 Model Rule) NOx 1 .9 ' Emulsified Asphalt Paving (OTC guidelines) VOC 4.4 Consumer Products (OTC 2006 Model Rule) VOC 0.3 Source: MACTEC, 2007 These potential contingency measures are further described in subparts 6 .5.1 through 6

.5 .3, below

. 6 .5.1 ICI Boilers (at Major Point Sources) In 2006, the OTC commissioners recommended that the OTC member states pursue "as necessary and appropriate" state-specific rulemakings to establish required emission reduction percentages, emission rate performance standards, or control technologies to reduce emissions from industrial, commercial, and institutional boilers (OTC Resolution 06-02) . The approximately 2-ton-per-day reduction in NOx emissions fromICI boilers reported in Table 6 .3 was based on implementation of OTC's recommended control levels on boilers of 25-250 MMBtu/hr heat input capacity at major point sources in New

Hampshire. 6 .5.2 Emulsified Asphalt Paving NHDES is currently evaluating the proposed contingency measure for emulsified asphalt paving. OTC's guideline would limit the VOC content of emulsified asphalt to 2 percent or less . The VOC content of emulsified asphalt in New Hampshire is assumed to be 2.5 percent at present . Thus, the estimated VOC emission reduction from this source category would be approximately 20 percent during the ozone season . 6 .5.3 Consumer Products The contingency measure for consumer products included in Table 6-3 would replace the OTC 2001 VOC model rules with the OTC 2006 model rules, which provide amendments adopted by the California Air Resources Board (CARB) in July 2005 . The amendments revise the existing VOC limit for contact adhesives and create VOC limits for nine new source categories (adhesive removers, electrical cleaner, electronic cleaner, fabric refresher, footwear or leather care, graffiti remover, hairstyling products, toilet care, and wood cleaner) . Based on estimates developed by CARB for 2009, these amendments would reduce VOC emissions by about 2 percent . 6 .5.4 Additional Controls on Boilers New Hampshire and the other OTC states have continued to investigate the possibility of additional controls on ICI boilers and utility boilers as stationary sources with the highest potential for NOx emission reductions . The additional controls would cover a wider range of boilers and would be more stringent than those described in the MACTEC report for non-EGU point sources and area sources in New

Hampshire. More specifically, recent OTC proposals being considered by NHDES would provide additional NOx controls on the following boiler categories :Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 44 as-fired boilers servin

. OTC 2010 Model Rule : This proposed rule would impose the following NOx emission limitations on oil- and gas-fired utility boilers with a nameplate capacity of 25 MW or greater : for gas only, 0.08 lb/MMBtu; for oil or oil/gas, 0 .15 lb/MMBtu . New small natural-gas-fired boilers and water heaters (OTC 2010 Model Rule) : This proposed rule would establish NOx emission standards for various devices ranging in size from 75,000 to 5,000,000 Btu/hr .

. ICI boilers: Stricter NOx emission standards would be extended to any ICI boiler above a certain size threshold, e.g ., 25 MMBtu/hr . Since 2006, OTC and the Lake Michigan Air Directors Consortium (LADCO) have worked collaboratively to assess the technical and economic feasibility of enhanced emission controls on ICI boilers of all sizes.21 A NESCAUM study2z from the same time period examined a variety of technologies available to reduce NOx emissions fromICI boilers with heat input ratings fromas low as 10 MMBtu/hr to as high as 1,000 MMBtu/hr . It was determined that emission reductions of 5 to 90 percent are achievable, depending on boiler size, fuel type, and chosen technology. Generally, the higher control efficiencies are applicable to larger ICI boilers, of which New Hampshire has relatively few

. NHDES is gathering data on New Hampshire's current stock of ICI boilers by size, fuel type, and existing control level . Preliminary data indicate that approximately 80 percent of ICI boilers in the state have heat input ratings less than 25 MMBtu/hr and lack NOx controls . Another 13 percent have heat input ratings less than 50 MMBtu/hr and lack NOx controls . These units - most of them burning fuel oil - account for more than half of all NOx emissions from ICI boilers in the state. Boilers with heat input ratings above 100 MMBtu/hr, while far fewer in number, would generally have some existing level of NOx controls . Given all of these facts, NHDES anticipates that any reasonable control program for ICI boilers in New Hampshire would be capable of reducing overall NOx emissions fromthis sector by 25 percent or more. Ongoing state and regional initiatives to control boiler emissions are overlain by EPA's proposed or final rules pertaining to National Emission Standards for Hazardous Air Pollutants (NESHAP) for industrial, commercial, and institutional (ICI) boilers at major sources and area sources; NESHAP for coal- and oil-fired electrical generating units; and New Source Performance Standards (NSPS) for fossil-fuel-fired electric utility and ICI boilers. Under these rules, affected sources would be subject to mandatory new

emission limits and/or periodic boiler tune-ups that would yield direct emission reductions or indirect co-benefits with respect to NOx and VOCcontrol . 6 .5.5 Other Contingency Measures NHDES is evaluating other potential NOx and VOC control measures that could be applied, if necessary, to further reduce ozone levels in the maintenance area . These control measures are listed in Table 6-4 along with the previously mentioned contingency measures for boilers, asphalt paving, and consumer products .

Z' OTC and LADCO, "Evaluation of Control Options for Industrial, Commercial and Institutional (ICI) Boilers," Technical Support Document, Final, May 14, 2010 . ZZ NESCAUM, Applicability and Feasibility ofNOx, SO2, and PM Emission Control Technologies for Industrial, Commercial, and Institutional (ICI) Boilers, November 2008.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 45 Table 6-4. Potential Contingency Measures for Reducing Ozone Levels

Control Measure Source Category

NOx Control Measures Oil and Gas Boilers Serving EGUs (OTC 2010 Model Rule) Major Point New Small Natural-Gas-Fired Boilers and Water Heaters (OTC 2010 Model Rule) Area* ICI Boilers Area or Major Point Stationary Generators (OTC 2010 Model Rule) Area Motor Vehicle Anti-Idling (mandatory, not voluntary) Onroad Mobile California Low-Emission Vehicles (CALEV) Standards Onroad Mobile Low-Carbon Fuel Standard (regional) Onroad Mobile / Nonroad VOC Control Measures Large above-Ground Storage Tanks (OTC 2010 Model Rule) Major Point Emulsified and Cutback Asphalt Paving (OTC guidelines) Area Adhesives and Sealants Application (OTC 2006 Model Rule) Area Architectural and Industrial Maintenance Coatings (OTC 2009 Model Rule) Area Solvent Cleaning (OTC 2009 Model Rule) Area Consumer Products (OTC 2006 Model Rule) Area Consumer Products (OTC 2010 Model Rule) Area Motor Vehicle and Mobile Equipment Non-Assembly Line Coatings Operations (OTC 2009 Model Rule) Area *Area sources include minor emission sources, typically large in number and widely distributed. 7. ADMINISTRATIVE DOCUMENTS In accordance with the requirements for SIP submissions established in 40 CFR 51 .103, the following documentation is herewith provided as integral to this redesignation request : A formal letter of submittal fromthe Governor or his designee, requesting EPA approval of this SIP revision ; Evidence that NHDES has the necessary legal authority under state law to adopt and implement the plan. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice . Certification that public hearing(s) were held in accordance with the information provided in the public notice and the state's laws and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51 .102 . Compilation of public comments and the state's response thereto. Documentation of legal authority, public notice, certification of the public process, and public comments and responses are provided in Attachment E.Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH Nonattainment Area Page 46

8 . SUMMARY AND CONCLUSIONS NHDES is requesting redesignation of the Southeast New Hampshire Nonattainment Area from moderate nonattainment to attainment for the 1997 National Ambient Air Quality Standard for 8- hour ozone. Section 107(d)(3)(E) of the Clean Air Act establishes the requirements that an area must meet in order to be considered for redesignation. The following summarizes howthe nonattainment area meets the essential criteria for redesignation: The area has attained the 8-hour ozone standard. All four ozone monitoring sites within the nonattainment area have had ozone design values below the 1997 8-hour ozone standard for each year since 2006 (see Figure 2-4 and Attachment B) . In addition, all other ozone monitoring sites throughout the state have shown levels below this standard . The state has an approvedlapprovable State Implementation Plan under CAA Section 110(k) . New Hampshire's approved SIP is published in the Code of Federal Regulations at 40 CFR 52 Subpart EE. The implementation plan includes revisions to demonstrate attainment of the former 1-hour ozone NAAQS (67 FR 72574, December 6, 2002) and to meet reasonable further progress requirements for the former standard (3 FR 67405, December 7, 1998, and 67 FR 18493, April 16, 2002) . Consistent with EPA's Clean Data Rule, certain SIP elements related to attainment of the 8-hour ozone NAAQS, including an attainment demonstration, a reasonable further progress plan, contingency measures, and other plan elements, have been suspended (73 FR 14387, March 18, 2008) . The approved SIP incorporates rules implementing NOx and VOC RACT requirements (see Table 4-2) . The improvement in air quality is due to permanent and enforceable emission reductions resultingfromimplementation of the SIP and otherfederal requirements. The vast majority of ozone-causing air pollutants in New Hampshire originate fromsources in upwind states . Federally mandated programs such as the NOx SIP Call have made it possible for groundlevel ozone concentrations in the nonattainment area to reach attainment levels . Also contributing to local air quality improvements are New Hampshire regulations to control NOx and VOC emissions fromdiverse sources . Tables 4-1, 4-2, and 4-3 identify permanent and enforceable emission control measures that have resulted in statewide attainment for ozone. Table 4-4 shows the substantial decline in both NOx and VOC emissions frominstate sources between 2002 and 2008. The state has prepared an approved/approvable maintenance plan under Section 175A. NHDES has prepared the requisite attainment inventory, maintenance demonstration, and contingency plan, and will continue to operate an appropriate air quality monitoring network to assure that the area stays in attainment of the 8-hour ozone standard after redesignation (see 6 . MAINTENANCE PLAN) . A comparison of NOx and VOC emission inventories for 2008, 2012, and 2022 (Table 6-1) indicates continuing, substantial emission reductions for both types of ozone precursors in the next decade. The state has met all Title I, Part A, Section 110, and Part D requirements for the area . New Hampshire has satisfied the requirements of Section 110 related to emission reporting and recordkeeping, periodic testing and inspection of emission sources, transportationrelated emission control measures, continuous monitoring and recording, and legal authority and emergency powers . The state has also met Part D requirements for nonattainment areas, providing assurance of future attainment through continued implementation of appropriate emission control and monitoring measures and attention to anti-backsliding requirements . (See 5 . COMPLIANCE WITH SECTION 110 AND PART DOF THE CLEANAIRACT.)