/ The State ofNew Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES 

# ES Thomas S. Burack, Commissioner

H. Curtis Spalding, Regional Administrator U.S. Environme ntal 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 ofthe federal Clean Air Act as amended, the state ofNew Hampshire 

### (NH) hereby submits for approval two copies ofthe proposed State Implementation Plan (SIP) revision and one electronic copy. As Governor John Lynch's designee, I am requesting EPA's prompt approval ofthis revision, which consists ofthe additions and amendments to the following rules: The rules formerly known as Env

-A 1211 were renumbered in this rulemaking to be ChapterEnv

-A 1300,Nitrogen Oxides (NOx) ReasonablyAvailable 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 ofa RACT order. This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFRPart 

### 5 1, Appendix V. The following administrative materials are included for your review:
a. Evidence ofthe rule's adoption b. Evidence oflegal authority c. A copy ofthe 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 sit e: 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 1-800-735-2964Mr. H Curtis Spalding, RegionalAdministrator SIP Revision Submittal Page2 March 31 2011

f. Certification that, ifrequested, the public hearing was held in accordance with the public notice · g. A compilation ofpublic comments and the State's responses thereto One ofthe requirements ofAppendix V is that the documentation include the date of adoption, as well as the effective date, ofthe rule. In accordance withNH Revised Statutes Annotated (RSA) 541-A: 14, an agency may adopt a rule after all procedures have been

· completed. The NH Department ofEnvironmental Services (DES) adopts a rule onthe day its Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director ofthe Office ofLegislative Services (OLS). The rule takes effect the day after it is filed unless a different date is requested inthe letter. The attachments hereto contain a letter from the DES Commissioner to the Director ofthe OLS, documenting the adoption ofthe rule, as well as written documentation from the OLS as to the filing and effective dates ofthe rule. Technical support materials are not included for any ofthe 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.mcman us@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