/ 

The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

ES 

Thomas S. Burack, Commissioner 

H. Curtis Spalding, Regional Administrator 

U.S. Environmental Protection Agency, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

March 31,2011 

Re: State Implementation Plan Revision Submittal for the Readoption and Amendment 

to the Nitrogen Oxides Reasonably Available Control Technology (NOx RACT) 

Rule: Env-A 1300 (formerly Env-A 1211) 

Dear Administrator Spalding: 

Pursuant to section 110 of the federal Clean Air Act as amended, the state ofNew 

Hampshire (NH) hereby submits for approval two copies of the proposed State Implementation 

Plan (SIP) revision and one electronic copy. As Governor John Lynch's designee, I am 

requesting EPA's prompt approval of this revision, which consists of the additions and 

amendments to the following rules: 

The rules formerly known as Env-A 1211 were renumbered in this rulemaking to be 

Chapter Env-A 1300, Nitrogen Oxides (NOx) Reasonably Available Control Technology 

(RACT). Amendments were made to (1) revise the section that establishes control requirements 

for engines to apply only to engines without electronic timing, and adding a section for engines 

with electronic timing so as to not require manual timing adjustments for such engines (Env-A 

1311.04, Env-A 1311.05); (2) consolidate the requirements for testing, recordkeeping, and 

recording for RACT compliance, which cross-references to existing requirements in Env-A 800 

and Env-A 900; (3) clarify that compliance with the specified NOx emission standards may be 

achieved through the purchase ofNOx allowances that are converted to and used as discrete 

emission reductions (DERs) in accordance with Env-A 3100; and (4) clearly establish the 

procedures and criteria for issuance of a RACT order. 

This submittal contains all documentation necessary to satisfy the SIP completeness 

requirements pursuant to 40 CFR Part 51, Appendix V. The following administrative materials 

are included for your review: 

a. Evidence of the rule's adoption 

b. Evidence of legal authority 

c. A copy of the rule 

d. Evidence that all the State's legal requirements were followed in adopting the rule 

and submitting the SIP revision 

e. Evidence that the public notice was given in accordance with EPA procedures 

DES Web site: www.des.nh.gov 

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

Telephone: (603) 27l-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964 
Mr. H Curtis Spalding, Regional Administrator 

SIP Revision Submittal 

Page2 

March 31 2011 

f. Certification that, if requested, the public hearing was held in accordance with the 

public notice · 

g. A compilation of public comments and the State's responses thereto 

One of the requirements of Appendix V is that the documentation include the date of 

adoption, as well as the effective date, of the rule. In accordance with NH Revised Statutes 

Annotated (RSA) 541-A: 14, an agency may adopt a rule after all procedures have been 

·completed. The NH Department of Environmental Services (DES) adopts a rule on the day its 

Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with 

the Director of the Office of Legislative Services (OLS). The rule takes effect the day after it is 

filed unless a different date is requested in the letter. The attachments hereto contain a letter 

from the DES Commissioner to the Director of the OLS, documenting the adoption of the rule, 

as well as written documentation from the OLS as to the filing and effective dates of the rule. 

Technical support materials are not included for any of the changes, as it is not 

anticipated that the enclosed rules will affect previous demonstrations regarding attainment of 

the national ambient air quality standards. 

Should you have any questions regarding this submittal, please contact Karla McManus, 

Planning and Rules Manager at karla.mcmanus@des.nh.gov or (603) 271-6854, or Barbar~ L. 

Hoffman, Compliance and Enforcement Programs Manager at barbara.hoffrnan@des.nh.gov or 

{603) 271-7874. Thank you. 

Enclosures 

ec: Dave Conroy, EPA 

Ida E. McDonnell, EPA 

Donald Dahl, EPA 

Sincerely, 

Robert R. Scott 

Director 

Air Resources Division