The State ofNew Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

September 18, 2009 

Mr. David Conroy 

Chief, Air Program s Branch 

EPA -New England, Region I 

I Congress Street, Suite I I 00 

Boston, MA 02 114-2023 

Dear Mr. Conroy: 

Enclosed for your rev iew is New Hampshire ' s certification of adequacy ("infrastructure" S rP) for the 

2006 24-hour fine particulate matter smaller than 2.5 microns in diameter (PM25) standard. 

Under sections llO(a)(l) and (2) of the C lean Air Act (Act), after promulgation of a new or revised 

National Ambient Air Qua lity Standard (NAAQS), each state is required to submit a plan to provide for 

the implementation, maintenance, and enforcement of the NAAQS. States are required to address basic 

state implementation plan (SrP) requirements, including emissions inventories, monitoring, and mode ling 

to assure attainment and maintenance of the standards. By statute, SrPs for sections llO(a)(l) and (2) are 

to be submitted by states w ithin 3 years after promulgation of a new or revised standard. EPA adv ises 

that Section llO(a) infrash·ucture SrPs are due 3 years from the date ofs ignature ofthe NAAQS, as thi s 

represents widespread dissem ination and therefore promulgation of the NAAQS under 307(d) of the Act. 

For the 2006 24-hour PM2.

5 standard, the due date is Sept 2 1, 2009 . 

The New Hampshire State Imple mentation Plan was originally submitted to E PA on January 27, 1972, 

and has undergone numerous revisions since that date. New Hampshire ' s EPA-approved SrP, w hich is 

publi shed in the Code of Federal Regulations at 40 CFR 52 Subpart EE, explicitly fu lfill s most of the 

requirements ofsections 110(a) (1 ) and (2). Other section llO(a) (1) and (2) requirements are fulfilled in 

applicable chapters and parts from the New Hamps hire Rev ised Statutes Annotated (RSA) perta ining to 

the duties and powers of the Commissioner ofthe Departme nt of Environmental Serv ices (NHDES) and 

in applicable chapters and parts from the New Hampshire Ru les Governi ng the Control of Air Pollution, 

N H Administrative Rules E nv-A I 00 et seq. 

There are foUitee n eleme nts w ith in sections 11 O(a) (1) and (2) that New Hampshire is required to meet in 

the certification of adequacy. The specific statutes and admini strative rules ofthe New Hamps hire 

program that address those elements are identifi ed in the attached table. Please note that New Hamps hire 

is in the process of amending Part Env-A 303 Primary and Secondary Standards for Particulate Matter 

and wi ll issue the rev ised rule followin g resoluti on of petition No. 06- 14 10, American Farm Bureau 

Federation and National Pork Producers Council v. Environmental Protection Agency, before the U.S. 

Court of Appeals for the District ofCo lumbia C ircuit. 

Ifyou have any questions, please contact me at (603) 271-10 88 or Charlie Martone of my staff at (603) 

271-1089. 

Sincerely, 

~~ Director 

Air Resources Divis ion 

cc: 	Anne Arno ld, EPA -New England, Reg ion I 

Jeffrey T. Underhill , NHDES 

Andrew M . Bednarik, NHDES 

C harles H. Martone, N HDES 

DES Web Site: www.des.nh.gov 

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


Telephone: (603) 27 1-3503 Fax: (603) 27 1-2 18 1 TDD Access: Relay NH 1-800-735-2964 

 

 

 

 

 

 

 

 

Certification of State Implementation Plan Adequacy
 

Regarding Clean Air Act Section 110(a)(1) and (2)
 

for Fine Particulate Matter (PM2.5)
 

September 2009
 

Prepared by 

The New Hampshire
 

Department of Environmental Services
 

Air Resources Division
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 1 

Certification of New Hampshire’s State Implementation Plan Adequacy
 

Regarding Clean Air Act Sections 110(a)(1) and (2)
 

for Fine Particulate Matter (PM 2.5)
 

The purpose of this document is to provide the U.S. Environmental Protection Agency 

(EPA) with certification that New Hampshire’s State Implementation Plan (SIP) for air quality 

meets the “infrastructure” requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) 

for fine particulate matter (PM2.5). 

This certification is submitted in response to the new and revised National Ambient Air 

Quality Standards (NAAQS) for fine particulate matter as promulgated by EPA on September 

21, 2006. For states such as New Hampshire that are already meeting these air quality standards, 

EPA expects states to make certification of SIP adequacy within three years after the date of 

promulgation of the standards. 

Background 

Particle pollution, also called particulate matter, or PM, is a complex mixture of extremely 

small particles and liquid droplets in the air. When breathed in, these particles can reach the 

deepest regions of the lungs. Exposure to particle pollution is linked to a variety of health 

problems, ranging from aggravated asthma to premature death in people with heart and lung 

disease. Particle pollution also is the main cause of visibility impairment in the nation’s cities 

and national parks. 

To protect public health and welfare, EPA established NAAQS for six criteria pollutants; 

particulate matter is one of them. EPA first issued standards for particulate matter in 1971 and 

revised the standards in 1987, 1997, and 2006. 

The revised 2006 standards address two categories of particle pollution: fine particles 

(PM2.5), which are 2.5 micrometers in diameter and smaller; and inhalable coarse particles 

(PM10) which are smaller than 10 micrometers and larger than 2.5 micrometers in diameter. 

The 2006 standards tightened the 24-hour fine particle standard from 65 micrograms per 

cubic meter (μ g/m3

) to 35 μ g/m3, but retained the existing annual fine particle standard of 15 

μ g/m3 . EPA also retained the existing 24-hour PM10 standard of 150 μ g/m3 . At the same time, 

EPA revoked the annual PM10 standard because of a lack of evidence linking health problems to 

long-term exposure to coarse particle pollution. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 2 

Overview of How New Hampshire’s Program Satisfies the CAA * Section 

110(a)(1) and (2) SIP Requirements for Fine Particulate Matter (PM 2.5) 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(A) “include enforceable emission RSA 21-O Department of Environmental Services and 

Emission limits and limitations and other control RSA 125-C Air Pollution Control. Powers of the 

other control measures, means, or techniques Commissioner. Regulations. Fees. General Permits. 

measures (including economic incentives such 

as fees, marketable permits, and 

auctions of emissions rights), as 

well as schedules and timetables for 

compliance as may be necessary or 

appropriate to meet the applicable 

requirements of this Act;” 

New Hampshire Code of Administrative Rules, 

Department of Environmental Services (Env-A 100 - 4300): 

The following chapters and parts have general and specific 

applicability to sources of particulate matter emissions, 

including NOx, SO2, and VOCs as precursors to particulate 

matter: 

CHAPTER Env-A 300 Ambient Air Quality Standards, 

eff. 2-28-04 

- Part Env-A 303 Primary and Secondary Ambient Air 

Quality Standards for Particulate Matter** 

- Part Env-A 304 Primary and Secondary Ambient Air 

Quality Standards for Sulfur Dioxide 

- Part Env-A 306 Primary and Secondary Ambient Air 

Quality Standards for Nitrogen Dioxide 

CHAPTER Env-A 400 Acid Deposition Control Program, 

eff. 12-22-04 

CHAPTER Env-A 500 Standards Applicable to Certain 

New or Modified Facilities and Sources of Hazardous Air 

Pollutants, eff. 4-5-02, 12-31-05, and 6-23-09 

- Part Env-A 503 New Source Performance Standards 

CHAPTER Env-A 600 Statewide Permit System, eff. 4-26-03, 

7-28-04, 6-8-06, 4-3-08, and 4-22-09 

- Part Env-A 606 Air Pollution Dispersion Modeling Impact 

Analysis Requirements 

- Part Env-A 618 (formerly Env-A 622) Additional 

Requirements in Non-Attainment Areas and the New 

Hampshire Portion of the Northeast Ozone Transport Region 

- Part Env-A 619 (formerly Env-A 623) Prevention of 

Significant Deterioration (PSD) of Air Quality Permit 

Requirements 

CHAPTER Env-A 700 Permit Fee System, eff. 4-26-03 and 

6-26-04 

- Part Env-A 702 Application Review and Modeling Fees 

- Part Env-A 703 Permit Review Fees 

- Part Env-A 704 Testing and Monitoring Fees for 

Temporary Permits 

- Part Env-A 705 Emission-Based Fee 

– CONTINUED 

*	 CAA refers to the Clean Air Act. Other abbreviations are as follows: 

CFR refers to the U.S. Code of Federal Regulations. 

RSA refers to the New Hampshire Revised Statutes Annotated. 

Env-A refers to the Administrative Rules Governing the Control of Air Pollution of the New Hampshire Department of Environmental Services 

Saf-C refers to the Administrative Rules of the New Hampshire Department of Safety. 

NHDES refers to the New Hampshire Department of Environmental Services. 

** Amendments to Env-A 303 await resolution of petition No. 06-1410 before the U.S. Court of Appeals for the District of Columbia Circuit. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 3 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

CONTINUED – 

CHAPTER Env-A 800 Testing And Monitoring Procedures, 

eff. 10-31-02, 12-22-04, 4-27-07, and 4-22-09 

- Part Env-A 802 Compliance Stack Testing for Stationary 

Sources 

- Part Env-A 803 NOx RACT Testing Requirements 

- Part Env-A 804 Volatile Organic Compound Testing 

- Part Env-A 805 Capture Efficiency [for VOCs] 

- Part Env-A 806 Sulfur Content Testing of Fuels 

- Part Env-A 807 Testing for Opacity of Emissions 

- Part Env-A 808 Continuous Emission Monitoring 

- Part Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 1000 Prevention, Abatement, and 

Control of Open Source Air Pollution, eff. 3-12-03, and 

8-23-08 

- Part Env-A 1001 Open Burning 

- Part Env-A 1002 Fugitive Dust 

- Part Env-A 1003 Firefighter Instruction and Training 

Activities 

CHAPTER Env-A 1100 Prevention, Abatement, and 

Control of Mobile Source Air Pollution, eff. 3-26-05 

- Part Env-A 1101 Diesel And Gasoline-Powered Motor 

Vehicles 

CHAPTER Env-A 1200 Prevention, Abatement, and 

Control of Stationary Source Air Pollution, eff. 8-27-98, 

10-31-02, 12-31-02, 12-22-04, 2-26-05, and 4-3-08 

- Part Env-A 1204 Stationary Sources of Volatile Organic 

Compounds (VOCs) 

- Part Env-A 1211 Nitrogen Oxides (NOx) 

CHAPTER Env-A 1600 Fuel Specifications (formerly 

incorporated into CHAPTER Env-A 400), eff. 5-29-97, 5-2-02, 

4-23-05, and 4-27-07 

- Parts Env-A 1604 thru 1606 Sulfur Content Limitations 

for Fuels 

- Part Env-A 1607 Fuel Analysis Requirement for Suppliers 

of Liquid or Solid Fuel 

- Part Env-A 1610 Compliance 

- Part Env-A 1611 Oxygen-Flexible Reformulated Gasoline 

CHAPTER Env-A 1900 Incinerators and Wood Waste 

Burners (formerly Part Env-A 1201), eff. 2-26-05 

- Part Env-A 1903 Visible Emission Standard for 

Incinerators and W ood Waste Burners 

- Part Env-A 1904 Particulate Matter Emission Standards 

for Incinerators and Wood Waste Burners 

– CONTINUED 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 4 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

CONTINUED – 

CHAPTER Env-A 2000 Fuel Burning Devices (formerly 

Part Env-A 1202), eff. 4-23-05 

- Subparts Env-A 2002.01 thru 2002.05 Visible Emission 

Standards for Fuel Burning Devices and Opacity Standard 

for Fuel Burning Devices Subject to 40 CFR 60 

- Subparts Env-A 2002.06 thru 2002.10 Particulate 

Emission Standards for Fuel Burning Devices 

CHAPTER Env-A 2100 Particulate Matter and Visible 

Emissions Standards (formerly Part Env-A 1203), eff. 11-24-04 

CHAPTER Env-A 2400 Ferrous and Non-Ferrous 

Foundries, Smelters and Investment Casting Industries 

(formerly Part Env-A 1205), eff. 11-24-04 

CHAPTER Env-A 2500 Pulp and Paper Industry: 

Particulate Matter and Visible Emissions Standards 

(formerly Part Env-A 1206), eff. 11-24-04 

CHAPTER Env-A 2600 Pulp and Paper Industry: Total 

Reduced Sulfur Emissions From Kraft Mills, eff. 12-9-04 

CHAPTER Env-A 2700 Hot Mix Asphalt Plants (formerly 

Part Env-A 1207), eff. 11-24-04 

CHAPTER Env-A 2800 Sand and Gravel Sources, and 

Cement and Concrete Sources (formerly Part Env-A 

1208), eff. 11-24-04 

CHAPTER Env-A 2900 Multiple Pollutant Annual Budget 

Trading and Banking Program, eff. 5-13-03 

CHAPTER Env-A 3000 Emissions Reduction Credits 

Trading Program, eff. 1-21-97 

CHAPTER Env-A 3100 Discrete Emissions Reduction 

Trading Program, eff. 1-21-97 

CHAPTER Env-A 3200 NOx Budget Trading Program, eff. 

4-1-00 and 11-2-07 

CHAPTER Env-A 3300 Municipal Waste Combustion, eff. 

2-2-08 

CHAPTER Env-A 3400 Commercial and Industrial Solid 

Waste Incinerators, eff. 5-2-02 

CHAPTER Env-A 3500 Hospital/Medical/Infectious Waste 

Incineration, eff. 1-5-07 

CHAPTER Env-A 3600 National Low Emission Vehicle 

(National LEV) Program, eff. 7-22-09 

CHAPTER Env-A 3700 NOx Emissions Reduction Fund 

for NOx-Emitting Generation Sources, eff. 12-20-01 and 

3-26-05 

CHAPTER Env-A 4000 Portable Fuel Container Spillage 

Control, eff. 1-9-08 

CHAPTER Env-A 4100 Consumer Products, eff. 9-24-05 

CHAPTER Env-A 4200 Architectural and Industrial 

Maintenance Coatings, eff. 7-27-06 

CHAPTER Env-A 4300 Other Solid Waste Incineration, 

eff. 1-5-07 

– CONTINUED 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 5 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

CONTINUED – 

New Hampshire Code of Administrative Rules, 

Department of Safety (Saf-C 100 - 6700): The following 

chapters and parts have applicability to vehicular sources of 

particulate matter emissions, including NOx, SO2, and VOCs 

as precursors to particulate matter: 

CHAPTER Saf-C 3200 Official Motor Vehicle Inspection 

Requirements, eff. 6-22-07 and 6-20-08, provides for the 

inspection of passenger cars, trucks, combination vehicles, 

trailers and semi-trailers, motorcycles, farm and agricultural 

vehicles, antique vehicles and motorcycles, recreation 

vehicles, street rods, and homemade vehicles. 

Part Saf-C 3220 Emissions Requirements: The following 

subparts provide for inspection of motor vehicle components: 

- Saf-C 3220.01 Positive Crankcase Ventilation (PCV) 

- Saf-C 3220.02 Air Injection Pump/Pulse Air System 

- Saf-C 3220.03 Inspection of Fuel System 

- Saf-C 3220.04 Evaporative Canister 

- Saf-C 3220.05 Inspection of Exhaust System 

- Saf-C 3220.06 Replacement Parts 

CHAPTER Saf-C 5800 Roadside Diesel Opacity 

Inspection, eff. 1-1-99, implements a roadside heavy-duty 

diesel emissions testing program mandated by the New 

Hampshire Legislature as part 1998 NH Laws 207. The law 

was passed pursuant to the State's agreement with the 

Federal Environmental Protection Agency on an overall 

clean air strategy under the provisions of the federal Clean 

Air Act Amendments of 1990. The rules apply to all diesel 

powered motor vehicles with a manufacturer's gross vehicle 

weight rating of 10,000 pounds or more and all dieselpowered buses manufactured to carry 25 or more 

passengers, whether these vehicles are registered in New 

Hampshire or another jurisdiction. 

110(a)(2)(B) “provide for establishment and 40 CFR Part 58 Ambient Air Quality Surveillance: 

Ambient air quality operation of appropriate devices, New Hampshire’s 2009 Air Monitoring Network Plan, 

monitoring/data methods, systems, and procedures submitted to meet the requirements of this part, received 

system necessary to – 

(i) monitor, compile, and analyze 

data on ambient air quality, and 

(ii) upon request, make such data 

available to the Administrator;” 

approval from EPA on August 31, 2009. NHDES collects 

and reports ambient air quality data for O3, SO2, NO2, Pb, CO, 

PM10 and PM2.5. The data are reviewed and validated before 

being sent to the EPA air quality system AQS, no later than 

90 days after the end of a calendar quarter. 

RSA 125-C:6 Powers and Duties of the Commissioner: 

- RSA 125-C:6, IV authorizes the Commissioner to collect 

and disseminate the results of studies relating to air quality. 

- RSA 125-C:6, V authorizes the Commissioner to consult 

and cooperate with agencies of the federal government. 

RSA 125-C:6, XVI authorizes the Commissioner to establish an 

air quality monitoring equipment replacement program to 

provide for sufficient annual replacement to meet federal 

Environmental Protection Agency guidelines and to assure the 

reliability and accuracy of the network equipment. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 6 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(C) 

Program for 

enforcement of 

control measures 

“include a program to provide for the 

enforcement of the measures 

described in subparagraph (A), and 

regulation of the modification and 

construction of any stationary 

source within the areas covered by 

the plan as necessary to assure that 

national ambient air quality 

standards are achieved, including a 

permit program as required in parts 

C and D;” 

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

- RSA 125-C:4, I authorizes rulemaking to control 

emissions and establish a permit program. 

RSA 125-C:11 Permit Required provides for a permit 

program, permits with enforceable emission limits, and 

emission control measures. 

RSA 125-C:15 Enforcement: 

- RSA 125-C:15, I authorizes NHDES to issue orders to 

correct violations RSA 125-C. 

- RSA 125-C:15, I-b, II, III and IV provide for penalties for 

violations of RSA 125-C. 

These statutes establish legal authority for the enforcement 

of New Hampshire Rules Governing the Control of Air 

Pollution (Env-A 100 - 4300). 

110(a)(2)(D) “contain adequate provisions – Revision to the New Hampshire State Implementation Plan: 

Interstate transport (i) prohibiting, consistent with the 

provisions of this title, any source 

or other type of emissions activity 

within the State from emitting any 

air pollutant in amounts which will 

(I) contribute significantly to 

nonattainment in, or interfere 

with maintenance by, any other 

State with respect to any such 

national primary or secondary 

ambient air quality standard, or 

(II) interfere with measures 

required to be included in the 

applicable implementation plan 

for any other State under part C 

to prevent significant 

deterioration of air quality or to 

protect visibility, 

(ii) insuring compliance with the 

applicable; requirements of 

sections 126 and 115 (relating to 

interstate and international 

pollution abatement);” 

On March 11, 2008, NHDES submitted a SIP revision to EPA 

addressing interstate air pollution transport to fulfill the 

requirements of CAA section 110(a)(2)(D)(i). 

RSA 125-C:6. XV and Part Env-A 619 address the 

prevention of significant deterioration (PSD) of ambient air 

quality in relation to interstate transport of pollutants and 

protection of air quality in Class I international parks – see 

program description for CAA section 110(a)(2)(J). 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 7 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(E) 

Adequate 

resources 

“provide – 

(i) necessary assurances that the 

State (or, except where the 

Administrator deems inappropriate, 

the general purpose local 

government or governments, or a 

regional agency designated by the 

State or general purpose local 

governments for such purpose) will 

have adequate personnel, funding, 

and authority under State (and, as 

appropriate, local) law to carry out 

such implementation plan (and is 

not prohibited by any provision of 

Federal or State law from carrying 

out such implementation plan or 

portion thereof), 

(ii) requirements that the State comply 

with the requirements respecting 

State boards under section 128, and 

(iii) necessary assurances that, 

where the State has relied on a 

local or regional government, 

agency, or instrumentality for the 

implementation of any plan provision, 

the State has responsibility for 

ensuring adequate implementation 

of such plan provision;” 

RSA 125-C:6 Powers and Duties of the Commissioner 

authorizes the NHDES Commissioner to enforce the state’s 

air laws, establish a permit program, accept and administer 

grants, and exercise all incidental powers necessary to carry 

out the law. 

RSA 125-C:12 Administrative Requirements authorizes 

the Commissioner to collect fees to recover the costs of 

reviewing and acting upon permit applications and enforcing 

the terms of permits issued. 

The State of New Hampshire Air Quality Implementation 

Plan, as originally submitted on January 27, 1972, and 

subsequently amended, describes the existing organizations, 

manpower, funding, and physical resources to carry out the plan. 

RSA 21-O:11 Air Resources Council establishes the NH 

Air Resources Council, a state board that has the authority to 

hear enforcement and permit appeals. The Council consists 

of 11 members, 6 of whom must represent the public 

interest. Those representing the public interest may not 

derive any significant portion of their income from persons 

subject to permits or enforcement orders, and may not serve 

as attorney for, act as consultant for, serve as officer or 

director of, or hold any other official or contractual relationship 

with any person subject to permits or enforcement orders. 

The State of New Hampshire does not rely on any local or 

regional government, agency, or instrumentality for the 

implementation of any provision of the SIP. 

RSA 125-S Motor Vehicle Air Pollution Abatement Fund 

establishes a fund to be used for costs incurred by NHDES 

in the prevention and abatement of on-road motor vehicle 

emissions. Funding is provided through a transfer of fees 

collected for motor vehicle inspection stickers. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 8 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(F) 

Stationary source 

emissions 

monitoring and 

reporting 

“require, as may be prescribed by 

the Administrator – 

(i) the installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature 

and amounts of emissions and 

emissions-related data from such 

sources, and 

(iii) correlation of such reports by 

the State agency with any emission 

limitations or standards established 

pursuant to this Act, which reports 

shall be available at reasonable 

times for public inspection;” 

RSA 125-C:6 Powers and Duties of the Commissioner 

authorizes the Commissioner to require owners or operators 

of stationary sources to install, maintain, and use emission 

monitoring devices and to make periodic reports to the 

Commissioner on the nature and amounts of emissions from 

such stationary sources. The Commissioner shall have the 

authority to make such data available to the public and to require 

as necessary correlation with any applicable emission standards. 

CHAPTER Env-A 800 Testing and Monitoring Procedures 

establishes minimum testing and monitoring procedures, 

calculation procedures, standards, and requirements in order 

to determine compliance with applicable state and federal 

statutes and rules. Applicable parts include: 

- Part Env-A 802 Compliance Stack Testing for Stationary 

Sources 

- Part Env-A 803 NOx RACT Testing Procedures 

- Part Env-A 804 Volatile Organic Compound Testing 

- Part Env-A 805 Capture Efficiency [for VOCs] 

- Part Env-A 806 Sulfur Content Testing of Fuels 

- Part Env-A 807 Testing for Opacity of Emissions 

- Part Env-A 808 Continuous Emission Monitoring 

- Part Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 900 Owner or Operator Recordkeeping 

and Reporting Obligations, eff. 4-21-07, establishes the 

requirement that records be kept at sources which discharge 

air pollutants so that the emissions of such pollutants may be 

readily calculated or estimated and reported to NHDES for 

the purposes of demonstrating compliance, compiling 

emission inventories, and developing air related strategic 

plans. Applicable parts include: 

- Part Env-A 902 Availability of Records 

- Part Env-A 903 General Recordkeeping Requirements 

- Part Env-A 904 VOC Emission Statements Recordkeeping 

Requirements 

- Part Env-A 905 NOx Emission Statements Recordkeeping 

Requirements 

- Part Env-A 906 Additional Recordkeeping Requirements 

- Part Env-A 907 General Reporting Requirements 

- Part Env-A 908 VOC Emission Statements Reporting 

Requirements 

- Part Env-A 909 NOx Emission Statements Reporting 

Requirements 

- Part Env-A 910 Additional Reporting Requirements 

- Part Env-A 911 Recordkeeping and Reporting 

Requirements for Permit Deviations 

- Part Env-A 912 Alternative Time Periods 

Subpart Env-A 902.01(d) reads: “Subject to Env-A 103, all 

data submitted to the division, including emission data and 

applicable emission limitations, shall be made available to 

the public.” Env-A 103 provides a mechanism by which a 

person who submits information to the director can protect 

confidential information, to the extent permitted under RSA 

125-C:6, VII. Under RSA 125-C:6, VII, emission data is not 

considered confidential information. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 9 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(G) “provide for authority comparable to RSA 125-C:4 Rulemaking Authority; Subpoena Power: 

Emergency power that in section 303 and adequate 

contingency plans to implement such 

authority;” 

- RSA 125-C: 4, I states in part: “The commissioner shall adopt 

rules under RSA 541-A, relative to: ...(c) procedures to meet 

air pollution emergencies, as authorized by RSA 125-C:9.” 

RSA 125-C:9 Authority of the Commissioner in Cases of 

Emergency states: “Whenever the commissioner finds that an 

air pollution emergency exists requiring immediate action to 

protect the public health, welfare, or safety, he may with consent 

of the governor and council issue an order reciting the existence 

of such an emergency and requiring that such action be taken 

as he deems necessary to meet the emergency. Such order 

shall be effective immediately. Any person to whom such an order 

is directed shall comply therewith. The commissioner shall rescind 

or abate such order as soon as the emergency ceases to exist. 

110(a)(2)(H) “provide for revision of such plan – RSA 125-C:6 Powers and Duties of the Commissioner 

Future SIP (i) from time to time as may be states: “In addition to the other powers and duties granted 

revisions necessary to take account of revisions of 

such national primary or secondary 

ambient air quality standard or the 

availability of improved or more 

expeditious methods of attaining such 

standard, and 

(ii) except as provided in paragraph 

(3)(C), whenever the Administrator 

finds on the basis of information 

available to the Administrator that the 

plan is substantially inadequate to attain 

the national ambient air quality standard 

which it implements or to otherwise 

comply with any additional requirements 

established under this Act;” 

herein, the commissioner shall have and may exercise the 

following powers and duties:... II. Developing a comprehensive 

program and provide services for the study, prevention and 

abatement of air pollution...” 

In addition to this legal authority, CHAPTER Env-A 200 

Procedural Rules, Part Env-A 204 Public Hearings on the 

State Implementation Plan provides procedures for State 

Implementation Plan hearings. 

110(a)(2)(J) “meet the applicable requirements of RSA 125-C:6 Powers and Duties of the Commissioner 

Consultation with section 121 (relating to states: “In addition to the other powers and duties granted 

government consultation),...” herein, the commissioner shall have and may exercise the 

officials following powers and duties:... 

V. Advising, consulting, and cooperating with the cities and 

towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in 

matters relating to air quality; 

VI. Encouraging local units to promote cooperation by the 

people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state; 

VI-a. Encouraging the recycling of waste oil by allowing qualified 

marketers to sell, and qualified facilities to burn, a mixture that 

consists of at least 90 percent virgin No. 6 oil and the remainder 

complying with the used fuel oil specifications in 40 CFR, 

section 279.11, table 1;... 

XIII. Coordinating and regulating the air pollution control 

programs of political subdivisions of the state and entering 

agreements with said subdivisions to plan or implement 

programs for the control and abatement of air pollution...” 

– CONTINUED 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 10 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

CONTINUED – 

CHAPTER Env-A 600 Statewide Permit System: 

- Part Env-A 621 Permit Notice and Hearing Procedures: 

Temporary Permits and Permits to Operate (formerly 

incorporated into CHAPTER Env-A 208) specifies the public 

notice and hearing procedures that apply to all applications 

for the issuance of, amendment to, or denial of temporary 

permits and permits to operate. 

- Part Env-A 622 Permit Notice and Hearing Procedures: 

Title V Operating Permits (formerly incorporated into 

CHAPTER Env-A 200) specifies the public notice and 

hearing procedures that apply to all applications for the 

issuance, significant modification to or renewal of Title V 

operating permits files with the department and all requests 

for Title V operating permit re-openings. 

CHAPTER Env-A 1500 Conformity provides for consultation 

with local agencies and planning commissions with respect to 

transportation conformity and the conformity of federal actions 

related to transportation projects. 

110(a)(2)(J) Public “meet the applicable requirements RSA 125-C:6 Powers and Duties of the Commissioner 

notification of...section 127 (relating to public 

notification),...” 

states: “In addition to the other powers and duties granted 

herein, the commissioner shall have and may exercise the 

following powers and duties:... 

IV. Collecting and disseminating the results of studies relating 

to air quality; 

V. Advising, consulting, and cooperating with the cities and 

towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in 

matters relating to air quality; 

VI. Encouraging local units to promote cooperation by the 

people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state;...” 

RSA 125-C:12 Administrative Requirements states: 

“...II. The commissioner shall act upon a permit application 

within a reasonable period of time. Prior to such action, the 

commissioner shall provide notice of the application by 

publication in at least one newspaper of general circulation. 

The commissioner shall also provide an opportunity for a 

hearing to interested persons. The requirement of public notice 

and hearing shall not apply to such devices or sources that will 

have, in the opinion of the commissioner, an insignificant effect 

on air quality. The commissioner may adopt rules relative to 

the requirements of public notice and hearing for such devices 

or sources. 

III. Any person aggrieved by the decision of the commissioner 

granting or denying a permit application may within 10 days of 

the decision file an appeal with the air resources council. The 

air resources council shall hold a hearing on any such appeal 

promptly, and shall thereafter issue a decision upholding, 

modifying or abrogating the commissioner's decision...” 

In implementing this authority, NHDES issues press releases in 

advance of unhealthful PM2.5 and ozone days. NHDES also 

posts warnings on its website, advising people what they can do 

help prevent NAAQS exceedances and avoid adverse health 

effects of poor quality air days. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 11 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

110(a)(2)(J) “meet the applicable requirements RSA 125-C:6 Powers and Duties of the Commissioner 

PSD and visibility of...part C (relating to prevention of states: “In addition to the other powers and duties granted 

Protection significant deterioration of air quality 

and visibility protection);” 

herein, the commissioner shall have and may exercise the 

following powers and duties:... 

XV. Implementing a program of prevention of significant 

deterioration of ambient air quality by establishing air quality 

increments limiting the maximum allowable increases in the 

amounts of air pollutants provided such increments are not 

less stringent than those specified in the Clean Air Act and 

amendments thereto, and in regulations promulgated 

thereunder;...” 

CHAPTER Env-A 600 Statewide Permit System, Part EnvA 619 (formerly Env-A 623) Prevention of Significant 

Deterioration (PSD) of Air Quality Permit Requirements 

addresses the prevention of significant deterioration of air 

quality and visibility protection, in compliance with the 

requirements of 40 CFR 51.166, 40 CFR 52.21 and RSA-125-C. 

110(a)(2)(K) “provide for – CHAPTER Env-A 600 Statewide Permit System, Part EnvAir quality (i) the performance of such air A 606 Air pollution Dispersion Modeling Impact Analysis 

modeling/data quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions 

of any air pollutant for which the 

Administrator has established a 

national ambient air quality 

standard, and 

(ii) the submission, upon request, of 

data related to such air quality 

modeling to the Administrator;” 

Requirements, eff. 4-26-03, specifies the air pollution 

dispersion modeling impact analysis requirements that shall 

apply to owners and operators of certain sources and 

devices in order to demonstrate compliance with the New 

Hampshire State Implementation Plan, RSA 125-C, RSA 

125-I, and any rules adopted thereunder. 

110(a)(2)(L) “require the owner or operator of RSA 125-C:4 Rulemaking Authority; Subpoena Power 

Permitting fees each major stationary source to pay 

to the permitting authority, as a 

condition of any permit required under 

this Act, a fee sufficient to cover – 

(i) the reasonable costs of reviewing 

and acting upon any application for 

such a permit, and 

(ii) if the owner or operator receives 

a permit for such source, the 

reasonable costs of implementing 

and enforcing the terms and 

conditions of any such permit (not 

including any court costs or other 

costs associated with any 

enforcement action), until such fee 

requirement is superseded with 

respect to such sources by the 

Administrator's approval of a fee 

program under title V;” 

states: “I. The commissioner shall adopt rules under RSA 

541-A, relative to:... 

(i) Fees for permit application and review, as authorized by 

RSA 125-C:12, IV...” 

RSA 125-C:12 Administrative Requirements states: 

“...IV. As a condition of any permit required, the 

commissioner may require payment of a fee to cover the 

reasonable costs of reviewing and acting upon the 

application for a permit and of implementing or enforcing the 

terms and conditions of a permit. The applicant shall pay any 

cost or expense associated with public notices or 

notifications in the permit process. The commissioner shall 

adopt rules relative to a fee schedule for applicants and the 

collection of fees under the schedule. All fees and monetary 

grants, gifts, donations, or interest generated by these funds 

shall be deposited with the state treasurer in a special 

nonlapsing fund to be known as the air resources fund and 

shall be continually appropriated to the department for the 

administration of this chapter. 

– CONTINUED 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 12 

CAA Section SIP Requirement 

(Each such plan shall...) New Hampshire Program 

CONTINUED – 

V. As a condition of any permit to operate under RSA 125­

C:11, I-a, the commissioner may require payment of a fee to 

cover the reasonable costs of reviewing and acting upon the 

application for a permit to operate, permit renewal, and 

permit modification of an affected source, and of 

implementing or enforcing the terms and conditions of an 

affected source permit. The applicant shall pay any cost or 

expense associated with public notices or notifications in the 

permit process. The commissioner shall adopt rules relative 

to a fee schedule for applicants and the collection of fees 

under the schedule. Funds collected by the commissioner 

under this paragraph from permit fees shall be deposited in 

the air resources fund, shall be accounted for separately, 

and shall be used by the commissioner for the establishment 

and operation of a statewide system of permitting for the 

construction, operation, or modification of any new or 

existing affected source.” 

CHAPTER Env-A 700 Permit Fee System: The purpose of 

this chapter is to establish a fee system requiring the 

payment of fees to cover the reasonable direct and indirect 

costs of: reviewing and acting upon applications for the 

issuance of, amendment to, modification to, renewal of, or 

any combination of the foregoing actions to a temporary 

permit, state permit to operate, or Title V operating permit; 

implementing and enforcing the terms and conditions of any 

temporary permit, state permit to operate, or Title V 

operating permit; administering the state permit program; 

and developing, implementing and administering the Title V 

operating permit program. In particular, Env-A 705 

establishes the emission fee program for Title V and nonTitle V sources. 

110(a)(2)(M) “provide for consultation and RSA 125-C:6 Powers and Duties of the Commissioner 

Consultation and participation by local political states: “In addition to the other powers and duties granted 

participation by subdivisions affected by the plan.” herein, the commissioner shall have and may exercise the 

affected local following powers and duties:... 

entities V. Advising, consulting, and cooperating with the cities and 

towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in 

matters relating to air quality; 

VI. Encouraging local units to promote cooperation by the 

people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state; 

VI-a. Encouraging the recycling of waste oil by allowing 

qualified marketers to sell, and qualified facilities to burn, a 

mixture that consists of at least 90 percent virgin No. 6 oil 

and the remainder complying with the used fuel oil 

specifications in 40 CFR, section 279.11, table 1;... 

XIII. Coordinating and regulating the air pollution control 

programs of political subdivisions of the state and entering 

agreements with said subdivisions to plan or implement 

programs for the control and abatement of air pollution...”