EQUIVALENCY DEMONSTRATIONNARRATIVE Revised September 16, 2011 Env-A 1800 continues to incorporate most, but not all, of the federal asbestos NESHAP. The only changes to the incorporation section - 1807.01 - are the revised statute reference, the July 2007 CFR date, and the use of the acronym "O/O" for "owner/operator" . The Equivalency Demonstration Narrative is being revised to reflect these changes, and DES is providing again a comparison of the state rule to the federal sections it has not adopted, as in theoriginal submission, demonstrating that the state rule is in each case equivalent to, or more stringent than, the federal rule. Env-A 1807.01 reads as follows: "Under the authority of RSA 141-E:4, XVI(c), the O/O of a facility subject to this chapter shall comply with the provisions of 40 CFR 61, subpart M, as in effect onJuly 1, 2007, except for: (a) Thedefinition of"facility" in 40CFR61 .141 ; and (b) The provisions of40 CFR61 .145(c)(1)(i), 61 .145(c)(1)(ii), 61 .145(c)(1)(iv), 61 .149(c)(2), 61 .150(a)(4), 61 .150(a)(5), 61 .150(b)(3), 61 .151 with respect to disposal sites not operated afterJuly 9, 1981, 61 .151(c), 61 .152(b)(3), 61 .154(c), 61 .154(d), 61 .155(a), and 61 .157." New Hampshire's definition of"facility" at Env-A 1802.31 includes single family dwellings, and is thus more stringentthan thefederal definition, which excludes residential buildings with four or fewer units. Env-A 1807.01(b) : The first three exceptions under Env-A 1807.01(b), namely 40 CFR 61 .145(c)(1)(i), 61 .145(c)(1)(ii), and 61 .145(c)(1)(iv), are demolition work practices that may be considered together. Section 61 .145 contains the standard for asbestos demolition and renovation, subsection (c) contains the procedures for asbestos emission control, and paragraph (1) provides for the removal ofall regulated asbestos-containing material (RACM), except RACM need not be removed before demolition if: (i) It is Category I nonfriable ACM that is not in poor condition and is not friable; (ii) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wetwhenever exposed during demolition; or (iii) They are Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder (i .e., made friable) during demolition. In Env-A 1802, DES adopts thefederal definitions for RACM and Category I and Il nonfriable ACM

. However, unlike in the federal rule, in Env-A 1805.10, DES requires that even (i) Category I nonfriable ACM that is not in poor condition and is not friable, (ii) RACM

on facility components that are encased in concrete or other similarly hard material and (iii) Category II nonfriable ACM must be removed prior to demolition. Therefore, New

Hampshire's rule is more stringent than the federal rule at 40 CFR 61 .145(c)(1)(i), 61 .145(c)(1)(ii), and 61 .145(c)(1)(iv) .The next exception to the federal rule in New Hampshire's rule is 40 CFR61 .149(c)(2) . This section, together with sections 61 .150(a)(4), 61 .151(c), 61 .152(b)(3), 61 .154(d) and 61 .155(a), is non-delegable to thestates under the provisions of40 CFR61 .157. DES did not adopt 40 CFR61 .150(a)(5), which provides an exceptionto the standard for wastedisposal for manufacturing, fabricating, demolition, renovation, and spraying operations. Section 61 .150(a) states that each owner or operator ofan applicable source shall "discharge no visible emissions to the outside air during the collection, processing, packaging, or transporting of anyasbestos- containing waste material * * *" Subparagraph (5) states: "As appliedto demolition and renovation, the requirements of paragraph (a) ofthis section do not applyto Category I nonfriable ACM wasteand Category II nonfriable ACM wastethat did not become crumbled, pulverized, or reduced to powder." DESregulates both Category I and Category II nonfriable ACM in demolitions, and therefore did not to adopt the provisions of 40CFR61 .150(a) . For the same reason, DESdid not adopt 40 CFR61 .150(b)(3) . Paragraph 61 .150(b) states that "All asbestos-containing waste material shall be deposited as soon as is practical by thewaste generator" at an approved site. Subparagraph 61 .150(b)(3) excludes "Category I nonfriable ACM that is not RACM

." Again, DES has chosen to regulate this material . DES did not adopt 40 CFR61 .151 with respect to disposal sites not operated afterJuly 9, 1981 . This is aspecial case covered by New Hampshire's waste management regulation Env-Sw 2100, for which equivalency has already been determined by EPA . Finally, DES did not adopt 40 CFR61 .154(c) . This section contains thestandard for active wastedisposal sites. Paragraph (c) provides an alternative to the "novisible emissions" standard of40 CFR61 .154(a), but New Hampshire's rule is more stringent than the federal rule, in that it does not allow this alternative approach. In conclusion, in each case whereNew Hampshire's asbestos rule Env-A 1800 differs fromthe federal asbestos NESHAP 40 CFRpart 61, subpart M, New Hampshire's rule is more stringent or at least equivalent to thefederal rule. Also, DES incorporated the 40 CFRpart 61, subpart AGeneral Provisions into New Hampshire's rule Env-A 500 .