## The State ofNew Hampshire



## DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S

. Burack

, Commissioner

September 18 , 2 009

Mr. Da v id Co nro y
C hi ef

, A ir Pro g ram s Branch

EPA -New England

, Re g i on I

I Co ngr ess Street, Suite I I 00

Bo sto n

, MA 0 2 114- 2 0 23

D ea r Mr. Conroy:

E ncl ose d for y our re v ie w i s New Hamp s hir e ' s certification of adequacy (" infra st ructur e " S rP) for the

2 006 24- h o ur fine particulate matter s mall er than 2.5 micron s in diam e ter (PM 25 ) 

### s tandard.

Under sec tion s llO(a)(l) and (2) of the C l ean Air Act (Act)

, after pr o mul g ation of a ne w or revi se d

Na tional Ambi e nt Air Q u a li ty Standard (N AAQS)

, eac h s tate i s required to s ubmit a plan to provide for

the implem e ntation

, maint e nance

, and e nfor ce ment of the NAAQS. State s are required t o a ddre ss ba s i c

s tat e implementation plan (SrP) requirem e nt s

, including emissions inv e ntorie s, m o nitorin g, and mod e lin g

t o assure attainme nt and maintenance of the sta ndard s. B y s tatute

, SrPs for s ection s llO(a)(l) and (2) are

to be s ubmitted b y s tat es w ithin 3 ye ar s after promul gat ion of a ne w or revi se d s tandard. E PA ad v i ses
that Se ction llO(a) infra s h·ucture SrPs are due 3 y ear s from the date of s ignature ofthe NAA QS

, as thi s

repr ese nt s widespread dissem in at i on and therefor e promul ga tion of the NAAQS und er 3 07(d) of the Act.

For the 2 006 24 -hour PM 2

. 5 

### s tandard

, th e du e date i s Sept 2 1

, 2 009

.

The New Hamp s hir e State Impl e mentation Plan w a s o ri g inall y s ubmitt e d to E PA on Janua ry 27, 1 972

,

a nd h a s undergone num e r o u s r ev i s i o n s s in ce th a t d a t e. New H a mpshir e ' s E PA-appr ove d SrP

, w hi c h i s publi s h ed in t he Co de o f Federa l Re g ul a tion s a t 40 CF R 52 S ubpart EE, ex plicitl y fu l fill s m ost of the

r e quir e m e nt s of sec tion s 110( a ) (1 ) and ( 2 ). Other s ection llO(a) (1) and ( 2 ) r e quir e m e n ts a r e fulfilled 

### in

a ppli ca bl e c h a pter s a nd part s from t h e New Hamp s hir e Re v i se d Statutes Annotated (RSA) p e rt a inin g t o
the dutie s a nd power s of t h e Co mmi ss i o ner ofthe Departm e n t of Environm e ntal Serv i ces (NHDES ) and

in app li ca bl e c hapt e r s and part s from th e New Hamp s hir e Ru l es Gov e rni n g th e Co ntrol of Air Polluti on

, N H Adm i nistrative Rul e s E n v-A I 00 

### e t seq.

There ar e foUitee n e l e m e nt s w i th in sec ti o n s 11 O(a ) (1) and (2) that New Hamp s hir e i s r e quir ed t o m eet in

t h e ce rtification of adequacy. The s p ec ifi c s tatut es and admini s trativ e rule s ofthe New Hamp s hir e

pr ogram that addre ss t h o s e element s are id e ntifi e d in th e attached tabl e. Pl e a se n o t e that New Hamp s hir e
i s in th e proc ess o f amendin g P a rt Env-A 3 0 3 Prima ry and Secondary Standards for Particulate Matter

and wi ll i ss u e th e rev i se d rul e followin g re so luti on of petition No. 06

- 1 4 10

, American Far m Bureau

Federation a nd Na tional P o rk Produ ce r s Co un cil v. Environmental Prot ec tion Agency

, b e for e th e U.S.

Co urt of Appea l s for th e Di s trict of Co lumbi a C ir c uit.

I fyou h ave any que s tio n s, pl ease contact me a t (603) 27 1-10 88 or C h a rlie Martone of m y s taff at (60 3)

27 1-1089

.

S incerel y,

# ~~ Dir ec tor

Air Re s ource s Di vis ion

cc: Anne Arno ld

, E PA -New Eng land

, Re g i o n I

J eff r ey T. U nd er hill

, NHDES

Andrew M

. Bednarik

, NHDES

C h a rl es H. 

### Marton e, N HDE S

D ES W e b S it e : www.des

. nh.gov

P.O. Box 95, 29 Hazen Dr i ve , C oncord , N ew Hamp s hire 03302

- 0095

T el e ph o n e : ( 60 3) 27 1- 35 0 3 F ax : ( 6 0 3 ) 27 1- 2 1 8 1 TDD A cc e ss : R e l a y N H 1

- 80 0

- 735

- 2 9 64

# Certification of State Implementation Plan Adequacy Regarding Clean Air Act Section 110(a)(1) and (2)
for Fine Particulate Matter (PM 2.5 

# )

September 2009

Prepared by



# The New Hampshire Department of Environmental Services

Air Resources DivisionPage 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 (PM 2.5 

### ).

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
(PM 2.5 

### ), which are 2.5 micrometers in diameter and smaller; and inhalable coarse particles
(PM 10 

### ) 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/m 3 

### ) to 35 μ g/m 3 

### , but retained the existing annual fine particle standard of 15 μ g/m 3 

### . EPA also retained the existing 24-hour PM 10 

### standard of 150 μ g/m 3 

### . At the same time,

EPA revoked the annual PM 10 

### 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, SO 2 , 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

– CONTINUEDPage 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

– CONTINUEDPage 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, SO 2 , 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 vehicleweight 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 O 3 , SO 2 , NO 2 , Pb, CO,

PM 10 and PM 2.5 . 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...”

– CONTINUEDPage 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 PM 2.5 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.

– CONTINUEDPage 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 705establishes 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...”