EQUIVALENCY DEMONSTRATION NARRATIVE 

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 the original 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 on July 1, 2007, except for: 

(a) The definition of "facility" in 40 CFR 61 .141 ; and 

(b) The provisions of 40 CFR 61 .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 after July 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 stringent than the federal 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 of all 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 wet whenever 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 the federal 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 CFR 61 .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 the states under the provisions of 40 CFR 61 .157. 

DES did not adopt 40 CFR 61 .150(a)(5), which provides an exception to the standard for 

waste disposal for manufacturing, fabricating, demolition, renovation, and spraying 

operations. Section 61 .150(a) states that each owner or operator of an applicable source 

shall "discharge no visible emissions to the outside air during the collection, processing, 

packaging, or transporting of any asbestos- containing waste material * * *" 

Subparagraph (5) states : "As applied to demolition and renovation, the requirements of 

paragraph (a) of this section do not apply to Category I nonfriable ACM waste and 

Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced 

to powder." DES regulates both Category I and Category II nonfriable ACM in 

demolitions, and therefore did not to adopt the provisions of 40 CFR 61 .150(a) . 

For the same reason, DES did not adopt 40 CFR 61 .150(b)(3). Paragraph 61 .150(b) 

states that "All asbestos-containing waste material shall be deposited as soon as is 

practical by the waste 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 CFR 61 .151 with respect to disposal sites not operated after July 9, 

1981 . This is a special 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 CFR 61 .154(c). This section contains the standard for 

active waste disposal sites. Paragraph (c) provides an alternative to the "no visible 

emissions" standard of 40 CFR 61 .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 where New Hampshire's asbestos rule Env-A 1800 differs 

from the federal asbestos NESHAP 40 CFR part 61, subpart M, New Hampshire's rule is 

more stringent or at least equivalent to the federal rule. Also, DES incorporated the 40 

CFR part 61, subpart A General Provisions into New Hampshire's rule Env-A 500.