### EVIDENCE OF TH E PLAN’S ADOPTION

40 CFR Part 51, Appendix V, 2.1(b)EVIDENCE OF THE PLAN’S ADOPTION

The cover letter, signed by the Governor’s de signee, is evidence that the State of New Hampshire has adopted this Certification of Adequacy and revision to the State Implementation Plan (SIP). The only state requirement for SIP submittals is that at least 30 days before the date of any public heari ng related to SIP revisi ons, public notice shall be published in a newspaper of general dail y statewide circulation. (See Env-A 204.01) Then if a hearing is held, it must be c onducted in accordance with Env-C 205. (See EnvA 204.02) See the Evidence of Public Notice an d the Certification of Public Hearing for evidence of the plan’s adopti on in accordance with Env-A 204.

### EVIDENCE OF LEGAL AUTHORITY

40 CFR Part 51, Appendix V, 2.1(c)

Laws of New Hampshire, RSA 125-C:6

Powers and Duties of the Commissioner

### TITLE X

PUBLIC HEALTH

CHAPTER 125-C
AIR POLLUTION CONTROL

Section 125-C:6

125-C:6 Powers and Duties of the Commissioner. – In addition to the other powers and duties granted herein, the commissioner sh all have and may exercise the following powers and duties: I. Exercising general supervision of the administration and enfor cement of this chapter and all rules adopted and orde rs promulgated under it; II. Developing a comprehensive program and provide services for the study, prevention, and abatement of air pollution; III. Conducting and encouragi ng studies relating to air quality; IV. Collecting and disseminating the re sults of studies relati ng to air quality; V. Advising, consulting, and cooperating wi th the cities and town s and other agencies of the state, federal governme nt, interstate agencies, and other affected agencies or groups in matters relating to air quality; VI. Encouraging local units to pr omote cooperation by the people, political subdivisions, industries, and others in preventing and controlli ng air pollution in the state; VI-a. Encouraging the recycling of wast e 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; VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspec ting or investigating any condition which is believed to be either an air po llution source or in violation of any of the rules or orders promulgated hereunder. Any information, othe r than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation sh all not be disclosed by the co mmissioner without permission of the person whose source is inspected or investigated; VIII. Accepting, receiving, and administer ing grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, includi ng such monies given under any federal law to the stat e for air quality cont rol activities, surveys, or programs; IX. Consulting the air resources co uncil established by RSA 21-O:11 on the policies and plans for the control and prevention of air pollution; X. Exercising all incidental powers necessary to carry out the purposes of this chapter; XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitori ng 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 as correlated with any applicable emission standards; XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of moto r vehicular and other modes of transportationwhen in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable fede ral regulations, of exis ting air quality in an

area classified as a "clean air'' ar ea by state or federal regulations; XIII. Coordinating and regulating the air pollution control programs of political

subdivisions of the state and entering agreements with sa id subdivisions to plan or implement programs for the control and abatement of air pollution; XIV. Establishing and operating a stat ewide system under which permits shall be required for the construction, installation, operation, or m odification of air pollution devices and sources, which system shall be established pursuant to RSA 125-C:11 and the sections which follow. The authority vest ed in the commissioner by this section shall include the power to delay or prevent any construction, modi fication, or operation of said air pollution sources and modifications whic h, in the opinion of th e commissioner, would cause the ambient air pollution le vel in the locality of such construction, modification, or operation to exceed limits for ambient concen trations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification, or operation would, in the opi nion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XIV-a. Establishing fuel quality standa rds and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and ot her manufacture and e ligible biomass fuel

related to the combustion of such material s at stationary sources. The commissioner may establish such standards as necessary to ma intain statewide compliance with Clean Air

Act standards and RSA 125-I. XV. Implementing a program of preventi on 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 ar e not less stringent than those specified in the Clean Air Act and amendmen ts thereto, and in regulations promulgated thereunder; XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliabi lity and accuracy of the network equipment. XVII. Implementing a program to contro l the emissions of air contaminants from consumer products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, pr ovided that such limits are not less stringent

than those established under the Clean Ai r Act and amendments thereto, and in regulations promulgated under the Clean Air Act.

Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1. 1995, 192:1. 1996, 228:104. 2001, 293:6, eff. July 17, 2001. 2008, 113:4, eff. Aug. 2, 2008. 2010, 183:8, eff. June 21, 2010.

### COPY OF THE ACTUAL PLAN

40 CFR Part 51, Appendix V, 2.1(d)

## Revision to the



## New Hampshire State Implementation Plan

Certification of State Implementation Plan Adequacy Regarding Clean Air Act Section 110(a)(1) and (2) for the

2010 Primary 1

- Hour Sulfur Dioxide NAAQS

September 13 , 20 13



## Air Resources DivisionP age 2 of 45



## Certification of State Implementation Plan Adequacy Regarding Clean Air Act Section 110(a)(1) and (2) for the 2010 Primary 1

- Hour Sulfur Dioxide NAAQS

Purpose

This document certifies to the U.S. Environmental Protection Agency (EPA) that New Hampshire’s State Implementation Plan (SIP) fulfills the “infrastructure” requirements established in sections 110(a)(1) and (2) of the Clean Air Act (CAA) for sulfur dioxide (S O 2 ). 1

Background

The CAA requires EPA to set National Ambien t Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment. National standards exist for six criteria pollutants: ozone, particulate matter, carbon monoxide, sulfur dioxide, nitrogen dioxide, and lead.

For each of these pollutants, section 109 of the CAA requires EPA to set the health

- based, or primary , standards at levels judged to be “requisite to protect the public health with an adequate margin of safety.” The CAA also requires EPA to establish secondary st andards that are “requisite” to protect public welfare from “any known or anticipated adverse effects associated with the pollutant in the ambient air,” including effects on vegetation, soils, water, wildlife, buildings and national monuments, and visibili ty.

On June 2 , 2010, EPA strengthened the primary NAAQS for sulfur dioxide by promulgating a revised standard based on 1

- hour average concentra tions. EPA set the new 1

- hour S O 2 NAAQS

at the level of 75 parts per billion (ppb). (See 75 FR 355 20 .) This change did not affect the secondary S O 2 NAAQS , which EPA addressed in a separate rulemaking. (See 77 FR 20218 .)

In establishing th e new 1

- hour SO 2 standard, EPA simultaneously replaced and revoked the existing 24

- hour and annual primary SO 2 standards because they would not provide additional public health protection with the 1

- hour standard in ef fect

. EPA’s evaluation of the scientific data

and the health risks posed by breathing SO 2 indicate that the new standard will protect public health by reducing people’s exposure to high

, short

- term (5

- minute to 24

- hour ) concentrations of

SO 2

. The revised standard will benefit susceptible groups, especially children, the elderly , and people with asthma.

Section 107(d) of the CAA requires that, after receipt of recommendations from the states and

within two years a fter promulgation of a NAAQS (or within t hree years if information is

insufficient to make the designations within two years ) , EPA must designate all areas of the

cou ntry as attainment ( meeting the standard )

, nonatta inment ( not meeting the standard ), or unclassifiable on the basis of available in formation. On July 25, 2013

, EPA designate d portions of Hillsborough, Merrimack, and Rockingham Counties as a nonattainment area

. (See 78 FR

47191 .) The Central New Hamps hire Nonattainment Area includes a contigu ous area of 14 cities

and towns in New Hampshire : Goffstown, Allenstown, Bow, Chichester, Concord, Dunbarton,

1 Sulfur dioxide (SO 2 ) is one of a group of highly reactive gas ses known as oxides of sulfur. The largest sources of

SO 2 emissions are from fossil fuel combustion at power plants (73%) and other industrial facilities (20%). Smaller

sources of SO 2 emissions include industrial processes such as extracting metal from ore; the combustion of fuel oil for residential and commercial heating (especially in the Northeast); and the burning of high

- sulfur f uels by locomotives, large ships, and non

- road equipment. Human exposure to sulfur dioxide is associated with a number of adverse effects on the respiratory system.P age 3 of 45

Epsom, Hooksett, Loudon, Pembroke, Pittsfield, Candia, Deerfield, and Northwood. EPA also

indicated tha t it was not ready to issue designation s for the remaining areas of New Hampshire and would address this matter in separate future action(s)

.

Apart from the designation process and p ursuant to section 110(a)(1) of the CAA, states are required to submit St ate Implementation Plans meeting the provisions of section 110(a)(2) within three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requires states to

address basic SIP elements , including emissions inventories, monitoring, and modelin g to assure attainment and maintenance of the NAAQS. EPA has determined that these infrastructure SIPs do

not have to address c ertain elements pertaining to nonattainment areas because those elements are covered separately in SIP revisions known as attain ment plans

. 2 States were required to submit

infrastructure SIPs for the 2010 1

- hour S O 2 NAAQS to EPA by June 3 , 2013.

New Hampshire’s SIP Revision

The submittal of this document is intended to meet New Hampshire’s obligations under the CAA with respec t to section 110(a)( 1) and (2) for the 2010 1

- hour S O 2 primary National Ambient Air Quality Standards. The following pages describe in summary form how New Hampshire’s SIP meets these requirements with specific reference to subse ctions 110(a)(2)(A) throug h (M).

In addition, New Hampshire is submitting for EPA's approval updated state statutes, codified at

RSA 125

- C, to take the place of RSA 125 in the SIP

. The updated statutes are presented as Attachment 1. A comparison of the two sets of statutes is in cluded as Attachment 2. Two other laws, codified at RSA 125

- O

, are also being submitted for approval as part of the SIP, and are

included as Attachment 3.

2 EPA’s original concept for implementation of the revised standard was described in “ Guid ance for 1

- Hour SO 2 N AAQS SIP Submissions,” Public Review Draft, September 22, 2011. That guidance stated, in part :

For areas designated nonattainment, states will follow the more common and familiar attainment planning and emissions control requirements of CAA part D, section 172 and 191

- 192. For all other areas, states are expected to follow the more general requirements of CAA section 110(a). In the context of the 1

- hour SO 2 N AAQS, EPA believes this means states are expected to develop and submit SIPs showing that all areas of the state will attain

and maintain the 1

- hour SO 2 N AAQS. This should be accomplished by evaluating whether significant sources of

SO 2 e missions, either individually or in combination with other nearby sources, cause or contribute to violations

of the 1

- hour SO 2 N AAQS. Where sources of SO 2 are determined to cause or contribute to NAAQS violations,

states should include in the 110(a)(1) SIPs sufficient per manent and enforceable control measures to ensure the NAAQS is attained and maintained as expeditiously as practicable. For the short

- term 1

- hour SO 2 s tandard, EPA believes it is more accurate and efficient to use modeling to assess medium to larger sourc es and to rely on monitoring for groups of smaller sources and sources that may not be as conducive to modeling.

In subsequent communications with the states (New Hampshire’s letter was dated April 12, 2012), EPA provided the following revision :

In light o f the potential this process has to affect our recommendations for how to address the SO 2 N AAQS in areas initially designated “ unclassifiable

, ” we no longer expect your state's June 2013 SIP submittals to contain modeling demonstrations showing attainment of the standard in unclassifiable areas, as was outlined in the final

SO 2 N AAQS rule and described further in the draft implementation guidance

...

... Therefore, we recommend for now that s tates focus their 2013 SIP submittals on the traditional infrastructure

elements of Clean Air Act sections 110 (a)(1) and (2), rather than on modeling demonstrations showing future

attainment of the standard by a fixed date for unclassifiable areas.P age 4 of 45



### Summary Description of New Hampshire’s Compliance with Clean Air Act Section 110(a)(1) and (2) SIP Requirements for S O 2

► Subsection 110(a)(2)(A): Emission Limits and Other Control Measures

CAA 3 Citation:

"Each such plan shall...include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions or emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act.”

Applicable NH Laws and Regulations:

• RSA 125

- C: Air Pollution Control

− RSA 125

- C:10

- a establishes SO 2 emission limits for certain municipal waste combustors,

as defin ed in RSA 125

- M:2, XI.

• RSA 125

- O: Multiple Pollution Reduction Program

− RSA 125

- O:1 , V establ ishes the need for substantial reductions in emissions of SO 2 , NOx, mercury, and CO 2 at New Hampshire's existing fossil fuel burning steam electric power plants.

− RSA 125

- O:3 r equires NHDES to implement an integrated, multi

- pollutant strategy to achieve such emission reductions. The strategy includes a market

- based trading and banking program that enables affected sources to meet statewide annual emission caps.

This statute se ts the statewide annual emissions cap for SO 2 at 7,289 tons annually.

The following regulations have high relevance to, but are not inclusive of all regulations fo r, the

control of S O 2 :

• Env

- A 300: Ambient Air Quality Standards 4

− Env

- A 304 .01 : Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide

− E nv

- A 304 .02 : Determination of Attainment of S O 2 Standard

− Env

- A 304 .03 : Measurement for S O 2 Attain ment Determination

• Env

- A 500: Standards Applicable to Certain New or Modified Facilities... 5

− Env

- A 503 : New Source Performance Standards

• Env

- A 600: Statewide Permit System 6

− Env

- A 607 Temporary Permits

3 CAA refers to the Clean Air Act. CFR refers to the U. S. Code of Federal Regu lations. EPA refers to the U.S.

E nvironmental Protection Agency. NHDES refers to the New Hampshire Department of Environmental Services.
RSA refers to the New Hampsh ire Revised Statutes Annotated. Env

- A refers to the New Hampshire Code of

Administrativ e Rules fo r the Control of Air Pollution.

4 NH amended Env

- A 300: Ambient Air Quality Standards, effective September 1, 2012. NHDES submitted the amended rule as a SIP revision for EPA’s approval on November 8, 2012.

5 Env

- A 500: Standards Applicable to C ertain New or Modified Facilities and Sources of Hazardous Air Pollutants incorporates by reference the federal New Source Performance Standards

, but this rule is not part of the SIP.

6 NH amended Env

- A 600: Statewide Permit Systems, effective September 1, 2012. NHDES submitted the amended rule, including updates to Env

- A 607, 608, 611, 618, 619, and other parts, as a SIP revision for EPA’s approval on November 15, 2012.P age 5 of 45

− Env

- A 608 State Permits to Operate

− Env

- A 611 General Acid Rain Permitting Requirements

− Env

- A 618: Nonattainment Ne w Source Review

− Env

- A 619: Prevention of Significant Deterioration

• Env

- A 700: Permit Fee System

• Env

- A 16 00: Fuel Specifications 7

• Env

- A 2300: Mitigation of Regional Haze

• Env

- A 3300: Municipal Waste Combustion 8

• Env

- A 3500: Hospital/Medical/Infectious Waste Incineration 9

• Env

- A 4300 : Other Solid Waste Incineration 10

► Subsection 110(a)(2)(B): Ambient Air Quality Monitoring/Data System

CAA Citation:

"Each such plan shall ...provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator.”

Appl icable NH Laws and Regulations:

• RSA 125:81 Powers and Duties of the Agency (recodified as RSA 125

- C:6 Powers and Duties

of the Commissioner )

− RSA 125:81, IV (recodified as RSA 125

- C:6, IV), authorizes the agency to collect and disseminate the results of studies relating to air quality.

− RSA 125:81, V (recodified as RSA 125

- C:6, V), authorizes the agency to consult and cooperate with agencies of the federal government.

Additional Information:

NHDES routinely collects and reports ambient air quality data for S O 2 and other pollutants in

accordance with EPA

- approved methods. These data are reviewed and validated before being sent to EPA’s Air Quality System (AQS) no later than 90 d ays after the end of a calendar quarter. In accordance with 40 CFR 58 , NHDES submitted a 201 3 /201 4 air mo nitoring network plan on August 8 , 201 3, for EPA approval

.

EPA’ s initial designation of the Central New Hampshire Nonattainment Area for the 1

- hour

7 NH adopted Env

- A 1600: Fuel Specifications (formerly numbered Env

- A 400), effective December 24, 1990

. EPA approved this rule into the SIP. NH readopted this rule on May 29, 1997, and April 23, 2005. NHDES

submitted the 1997 rule on November 14, 2003

, and the 2005 rule on September 14, 2005, as SIP revisions for EPA’s approval. NH is again readopting this rule and will submit it as a SIP revision when NHDES submits the

SO 2 attainment plan for the 1

- hour NAAQS.

8 NH adopted this rule pursuant to CAA sections 111(d) and 129 as part of an EPA

- approved state plan. This rule is significant for the control of SO 2 emissions but was not developed to meet a specific requirement of section 110.

9 Ibid.

10 Ibid.P age 6 of 45

primary SO 2 NAAQS (see 78 FR 47191 ) was based on 2009

- 2011 certified air quality data

collected from the established monitoring network. In a related agency release 11

, EPA
present ed it s strategy for completing all remaining initial a rea designations for the 1

- hour

standard . Consistent with this strategy, t he task of completi ng area designations for the rest of New Hampshire may require additional revisions to the state’s air monitoring network plan

.

► Subsection 110(a)( 2)(C): Program for Enforcement o f Control Measures

CAA Citation:

"Each such plan shall... include a progra m 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 stand ards are achieved, including a permit program as required in parts C and D.”

Applicable NH Laws and Regulations:

• RSA 125:90

- 93 (recodified as RSA 125

- C:11 ), provide s for a s tatewide permit program.

• RSA 125:82 (recodified as RSA 125

- C:15 , I) authorizes the agency to issue orders to correct

violations.

• RSA 125:85 (recodified as RSA 125

- C:15, II) au thorizes the agency to obtain injunctive relief to prevent violations.

• RSA 125:86 (recodified as RSA 125

- C:15, I

- b) authorizes the agency to impose fines for

violations of statutes and rules.

• Env

- A: Temporary Permits requires t hat any owner / operator of a n ew or modified stationary source or device obtain a temporary permit prior to construction or installation o f the source or

device if it is of a specified type and/or capacity

.

Additional Information:

The above

- listed statutes provide legal authority fo r the enforcement of Env

- A 618: Nonattainment

New Source Review and Env

- A 619: Prevention of Significant Deterioration

.

► Subsection 110(a)(2)(D): Interstate Transport

CAA Citation:

"Each such plan shall ...contain adequate provisions

– (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

seco ndary 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 c ompliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement).”

11 EPA, “ Next Steps for Area Designations and Implementation of the Sulfur Dioxide National Ambient Air Quality Standard,” February 6, 201 3.P age 7 of 45

Applicable NH Laws and Regulations:

• Env

- A 619: Prevention of Significant Deterioration protects air quality in downwind S O 2 attainment areas.

• Env

- A 2300: Mitigation of Regional Haze establishes SO 2 emission limitations for certain emission sources in partial fulfillment of the requirements of section 169A and the Regional Haze Rule. (See 64 FR 35714 and 40 CFR 51 subpart P

. )

Additional Information:

As d escribed in a memorandum 12 to the states, EPA does not intend to make findings with
respect to paragraph 110(a)(2)(D)(i)(I) while the agency awaits resolution of legal matters

related to the Cross

- State Air Pollution Rule (CSAPR ). Accordingly, New Hampshire will await further guidance from EPA before making a ny additional submission to address this SIP element.

Note that EPA has taken no final action against New Hampshire

, nor does the state have any

pe nding obligation, under s ection 115 or section 126.

► Subsection 110(a)(2)(E ): Adequate Resources

CAA Citation:

"Each such plan shall ...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

assuran ces 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.”

Applicable NH Laws and Regulations:

• RSA 125:81 ( recodified as RSA 125

- C:6 ) 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 21

- O:11, I Statement of Purpose and Findings 13 establishes the NH Air Resources Council, a stat e 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

pe rsons 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.

12 EPA memorandum, Gina McCarthy to Regional Air Division Directors, “Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross

State Air Pollution Rule,” November 19 , 2012.

13 NHDES submitted this law as a SIP revision for EPA’s approval on December 31, 2012.P age 8 of 45

Add itional Information:

New Hampshire’s SIP, originally submitted on January 27, 1972, and subsequently revised, describes the (a) existing organizations, (b) manpower, (c) funding, (d) physical resources, and (e) local agencies as required under this subsec tion. Note, however, that New Hampshire does not rely on any local or regional government, agency, or instrumentality for the implementation of any SIP provision. Personnel, material resources, and funding have been adequate to support New Hampshire SIP

o bligations. Funding for NHDES's Air Resources Division comes from EPA grants (approximately 28% of the FY 2014 budget), permit/program fees and other ( 70 %)

, and New Hampshire’s general fund ( 2 %)

. While the New Hampshire Code of Administrative Rules

contr ols the setting of certain fees (e.g., permit application fees and emissions fees ), the New Hampshire General Court controls the allocation of general revenue s. Emission s f ees are reviewed and adjusted annually for inflation and emission fluctuations

, as specified by rule

. General revenues are allocated through the bienni al legislative budget process and become law

upon signature by the governor

.

► Subsection 110(a)(2)( F): Stationary Source Emissions Monitoring and Reporting

CAA Citation:

"Each such plan shall ...require, as may be prescribed by the Administrator

- (i) the installation, maintenance, and replacement of equipment, and the implementa tion 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 rep orts 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.”

Applicable NH Laws and Regulations:

• RSA 125:81, XI (recodified as RSA 125

- C:6 , XI) authorizes the agency to require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the agency on the nature and amounts of emissions from such stationary sources. The agency shall have the authority to make such data available to the public and as correlated with any applicable emission standards

.

• Env

- A 600: Statewide Permit System , paragraph 609.06(b)(8), requires a compliance assurance monitoring (CAM) plan, if required by 40 CFR 64

.

• Env

- A 800: Testing and Monitoring Procedures establishes minimum testing and monitoring procedures, calcu lation procedures, standards, and requirements in order to determine compliance with applicable state and federal statutes and rules. This chapter includes the following relevant parts:

− Env

- A 802: Compliance Stack Testing for Stationary Sources

− Env

- A 806 : Sulfur Content Testing of Fuels

− Env

- A 808: Continuous Emission Monitoring

− Env

- A 809: Approval of Alternate Methods

− Env

- A 810: Air Pollution Control Equipment Monitoring Plan; Additional Testing and MonitoringP age 9 of 45

• Env

- A 900: Owner or Operator Recordkeeping and Reporting Obligations 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. This chapter includes the following relevant parts:

− Env

- A 902: Availab ility of Records (See note below.)

− Env

- A 903: General Recordkeeping Requirements

− Env

- A 906: Additional Recordkeeping Requirements

− Env

- A 907: General Reporting Requirements

− Env

- A 910: Additional Reporting Requirements

− Env

- A 911: Recordkeeping and Reporting Requirements for Permit Deviations

Note: Env

- A 902.01(d) reads: “Subject to Env

- A 103 , all data submitted to the division, including emission data and ap plicable 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,

which establishes that emission data are not considered confidential information.

► Subsection 110(a)(2)(G ): Emergency Power

CAA Citation:

"Each such plan shall ...provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority.”

Applicable NH Laws and Regulations:

• RSA 125:84 (recodifi ed as RSA 125

- C:9 ) states: “Whenever the director 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 su ch an order is directed shall comply therewith. The director shall rescind or abate such order as soon as the emergency ceases to exist.”

Additional Information:

The cited law grants NHDES broad statutory authority to address activities causing imminent and substantial endangerment to public health. Under extraordinary circumstances, it is possible that

excessive emissions of S O 2 w ould cause an imminent concern for public health. Of relevance is New Hampshire ’s classification as a Priority II region fo r sulfur dioxide. 40 CFR 51.150 (d) defines a Priority II region as any area which has ambient SO 2 co ncentrations in the following ranges: 60

- 100 μg/m 3 (0.02

- 0.04 ppm), annual arithmetic mean; 260

- 445 μg/m 3 (0.10

- 0.17 ppm),

24

- hour maximum; or any concentration above 1,300 μg/m 3 (0.50 ppm), three

- hour average.

The three tables below present ambient SO 2 c oncentrations at six monitoring stations in New Hampshire for the period 2005

- 2012

. The first table gives the annual mean concentration. At no time did the annual value equal or exceed the 0.02 ppm threshold anywhere in the state.P age 10 of 45

The second table gives the highest 3

- hour rolling average concentration and the number of times

the 3

- hour value equaled or exceeded 0. 50 ppm in each year. At no time was this threshold reached anywhere in the state.

The third table gives the highest 24

- hour concentration and the number of times the 24

- hour concentration equaled or exceeded 0.10 ppm in each year

.

As the last table shows, t he Central New Hampshire Nonattainment Area is the only a rea of New Hampshire to have experienced ambient 24

- hour SO 2 concentrations in the Priority II range ; and

e ven there , 24

- hour SO 2 concentrations have rarely exceeded 260 μg/m 3 (0.10 ppm). The recent

installation of advanced SO 2 control technology further diminishes the probability of future

excursions above this level

.
Air quality information is continuously available to the public on EPA and NHDES websites. New Hampshire participates in EPA’s AIRNOW and EnviroFlash systems, which provide real

time air quality index (AQI) values and forecast alerts based on ambient ozone and fine particulate matter concentrations

. The AIRNOW website provides a direct link to NHDES’s Air Quality Current Data page, which displays real

- time monitoring data for ozone, PM, and SO 2

. SO 2 Ambient Concentra tions ( ppm ): Annual Value in Each Year, 2005

- 2012

Monitor Loc. AQS Number 2005 2006 2007 2008 2009 2010 2011 2012

Concord* 33

- 013

- 1007 0.003 0.001

-- -- -- -- 0.001 0.001

Londonderry 33

- 015

- 0018

-- -- -- -- -- -- 0.001 0.001

Manches ter ** 33

- 011

- 0020 0.005 0.003 0.003 0.003 0.002 0.002 0.002 0.001

Pembroke* 33

- 013

- 1006 0.007 0.006 0.007 0.005 0.008 0.011 0.007 0.001

Peterborough 33

- 011

- 5001

-- -- -- -- -- -- 0.001 0.001

Portsmouth 33

- 015

- 0014 0.003 0.003 0.002 0.002 0.002 0.002 0. 001 0.001

*Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.

SO 2 Ambient Concentrations ( ppm ): Highest 3

- Hour Value and Number of Times

the 3

- Hour Value Equaled or Exceeded 0.50 ppm in Each Year, 2005

- 2012

Monitor Loc. AQS Numbe r 2005 2006 2007 2008 2009 2010 2011 2012

Concord* 33

- 013

- 1007 0.078 (0) 0.065 (0)

-- -- -- -- 0.091 (0) 0.026.(0)

Londonderry 33

- 015

- 0018

-- -- -- -- -- -- 0.023 (0) 0.005 (0)

Manchester ** 33

- 011

- 0020 0.056 (0) 0.054 (0) 0.061 (0) 0.05 5 (0) 0.070 (0) 0.064 (0) 0.071 (0) 0.014 (0)

Pembroke* 33

- 013

- 1006 0.149 (0) 0.150 (0) 0.165 (0) 0.297 (0) 0.220 (0) 0.273 (0) 0.209 (0) 0.042 (0)

Peterborough 33

- 011

- 5001

-- -- -- -- -- -- 0.009 (0) 0.004 (0)

Portsmouth 33

- 015

- 0014 0.073 (0) 0.076 (0 ) 0.048 (0) 0.052 (0) 0.038 (0) 0.035 (0) 0.047 (0) 0.024 (0)

First value is maximum recorded 3

- hour concentration. Value in ( ) is number of times the 3

- hour concentration exceeded 0.50 ppm.

*Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.

SO 2 Ambient Concentrations ( ppm ) : Highest 24

- Hour Value and Number of Times

the 24

- Hour Value Equaled or Exceeded 0.10 ppm in Each Year, 2005

- 2012

Monitor Loc. AQS Number 2005 2006 2007 2008 2009 2010 2011 2012

Concord * 33

- 013

- 1007 0.018 (0) 0.013 (0)

-- -- -- -- 0.028 (0) 0.006 (0)

Lon donderry 33

- 015

- 0018

-- -- -- -- -- -- 0.009 (0) 0.004 (0)

Manchester ** 33

- 011

- 0020 0.0 22 (0) 0.0 18 (0) 0.0 19 (0) 0.0 17 (0) 0.0 19 (0) 0.0 14 (0) 0.0 25 (0) 0.007 (0)

Pembroke * 33

- 013

- 1006 0.0 57 (0) 0.0 75 (0) 0.0 83 (0) 0.0 53 (0) 0. 112 (1) 0. 125 (4 ) 0. 100 (1 ) 0.008 (0)

Peterborough 33

- 011

- 5001

-- -- -- -- -- -- 0.004 (0) 0.003 (0)

Portsmouth 33

- 015

- 0014 0.0 28 (0) 0.0 20 (0) 0.0 18 (0) 0.0 25 (0) 0.0 15 (0) 0.0 15 (0) 0.0 14 (0) 0.006 (0)

First value is maximum recorded 24

- hour concentration. Value in ( ) is number of times the 24

- hour concentration exceeded 0.10 ppm

. *Monitor is located within designated nonattainment area. **Monitor was discontinued in Q2 of 2012.P age 11 of 45

► Subsection 110(a)(2)(H ): Future SIP revisions

CAA Citation:

"Each such plan shall

... pr ovide for revision of such plan

– (i) from time to time as may be 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 stan dard, 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 implem ents or to otherwise comply with any additional requirements established under this Act.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125

- C:6 ) provid es as follows: “ In addition to the other powers and duties granted herein, the agency shall have and may exercise the following powers and duties:...II. To develop a comprehensive program and provide services for the study, prevention and abatement of air po llution;...”

• Env

- A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP hearings.

Additional Information:

As evidence of New Hampshire’s commitment to fulfilling the requirements of this subsection,

NHDES has made numerous SIP revisions in the past for the purpose of meeting the National Ambient Air Quality Standards. (See EPA's SIP Summaries and Rulemakings for documentation.)

► Subsection 110(a)(2)(I): Areas Designated Nonattainment

CAA Citation:

"Each such plan shall ...in the case of a plan or plan revision for an area designat ed as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas).”

Applicable NH Laws and Regulations: See below.

Additional Information:

In accordance with a n EPA memorandum

, 14 the agency does not expect infrastructure SIP submissions to address subsection 110(a)(2)(I); nonattainment area plans required under part D

follow a different schedule from the section 110 infrastructure elements and are reviewed and acted upon through a separate process.

14 EPA Memorandum, Stephen D. Page to Regional Air Division Directors, “Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” October 14, 2011.P age 12 of 45

► Subsection 110(a)(2)(J ): Consultation with Government Officials

CAA Citation:

"Each such plan shall ...meet the applicable requirements of section 121 (relating to consultation), ...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125

- C:6 ) provides as follows: “ In addition to the other powers and duties granted herein, the agency sh all have and may exercise the following powers and duties:... V. To advise, consult, and cooperate with the cities and towns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating t o air pollution ; VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controll ing air pollution in the state;... XIII. The agency shall have the authority to coordinate and regu late the air pollution control programs of civil subdivisions of the state and to enter agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution.”

• Env

- A 600: Statewide Permit System

− Env

- A 621: Permit Notice and Hearing Procedures: Temporary Permits and Permits to Operate specifies the public notice and hearing procedures that apply to all applications for

th e issuance of, amendment to, or denial of temporary permits and permits to operate.

− Env

- A 622: Permit Notice and Hearing Procedures: Title V Operating Permits specifies the public notice and hearing procedures that apply to all applications for the issuan ce, significant modification to or renewal of Title V operating permits files with the department and all requests for Title V operating permit re

- openings.

• Env

- A 1500: Conformity provides for consultation with local, regional, and federal agencies to

ensure that transportation plans, programs, projects, and federal actions are consistent with the

SIP . This rule implement s section 176 of the CAA and 40 CFR 93 , relative to conformity determinations, including provisions for consultation as required by section 176(c)(4) and 40

CFR 93.105.

► Subsecti on 110(a)(2 )(J): Public Notification

CAA Citation:

"Each such plan shall ...meet the applicable requirements of...section 127 (relating to public notification),...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125

- C:6 ) provides as follows: “ In addition to the other powers and duties granted herein, the agency shall have and may exercise the following powers and

duties:... IV. To collect and disseminate the res ults of studies relating to air pollution; V. To advise, consult, and cooperate 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 pollution; VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state; . . .”P age 13 of 45

Additional Information:

S O 2 is a chemical precursor , and one of many known contributors, to fine particle (PM 2.5 ) pollution

. On days when ambient PM 2.5 (or ozone) concentrations are predicted to be high, NHDES exercises the authority granted under RSA 125:81 (recodified as RSA 125

- C:6 ) to issue public alerts. NHDES makes press releases and posts website notices advising people on how to help prevent air pollution and minimize the worst health effects of poor air quality. NHDES is

one of the state partners in EPA’s AIRNOW and Enviroflash Air Quality Alert programs. (See www.airnow.gov .)

► Subsection 110(a)(2 )(J): PSD and Visibility Protection

CAA Citation:

"Each such plan shall ...meet the applicable req uirements of...part C (relating to prevention of significant deterioration of air quality and visibility protection);...”

Applicable NH Laws and Regulations:

• RSA 125:81, XIV (recodified as RSA 125

- C:6 , XIV) authorizes the agency to establish and operate a statewide system under which permits shall be required for the construction and operation of new and modified stationary sources.

• Env

- A 619: Prevention of Significant Deterioration addresses PSD and visibility protection and is essential to meeting the requirements of 40 CFR 51.166

, 40 CFR 52.21 and RSA 125

- C

.

• Env

- A 2300: Mitigation of Regional Haze establishes SO 2 emission limitations for certain

fossil

- fuel

- fired steam generating units as part of New Hampshire’s plan to meet the visibility protection requirements of section 169A and the Regional Haze Rule. (See 64 FR 35714 and

40 CFR 51 subpart P

. )

► Subsection 110(a)(2)(K ): Air Quality Modeling/Data

CAA Citation:

"Each such plan shall ...“provide for

– (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any a ir 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.”

Applicable NH Laws and Regulations:

• RSA 125:81 (r ecodified as RSA 125

- C:6 ) authorizes the department to exercise general supervision of the administration and enforcement of the statute and all rules adopted and orders prom ulgated under it; to develop a comprehensive program and provide services for the study, prevention, and abatement of air pollution; to conduct and encourage studies relating to air quality; to collect and disseminate the results of studies relating to air quality; to advise, consult, and cooperate 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 airP age 14 of 45

quality; and, among other authorities, to exerc ise all incidental powers necessary to carry out the purposes of the statute.

• Env

- A 600: Statewide Permit System

− Env

- A 613.02: Denial of Permit Issuance autho rizes NHDES to deny the issuance of a construction permit if modeling shows that a major source proposing to construct or make modifications in a nonattainment area will cause or contribute to a violation of the NAAQS for a pollutant for which that area is in attainment.

− Env

- A 619.03: PSD Program Requirements incorporates by reference numerous paragraphs of 40 CFR 52.21 , including (k)(1), (l), and (m), which require modeling by major sources prior to construction or major modifications.

Additional Information:

SO 2 is a chemical precursor, and one of many known contributors, to fine particle (PM 2.5 ) pollu tion. In exercising the authority granted in RSA 125:81 (recodified as RSA 125

- C:6 )

, NHDES regularly performs trend analysis for ozone, NO 2 , and PM 2.5 , as well as predictive air quality modeling for ozone and PM 2.5 . New Hampshire is a member of the Ozone Transport

Commission and the Mid

- Atlantic/Northeast Visibility Union (MANE

- VU) and participates in the air quality modeling efforts conducted by these organizations.

► Su bsection 110(a)(2)( L): Permitting Fees

CAA Citation:

"Each such plan shall ...“require the owner or operator of 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.”

Applicable NH Laws and Regulations :

• Env

- A 700: Permit Fee System establishes a fee system requiring the payment of fees to cover the reasonable direct and indirect costs of: reviewing and a cting 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 condit ions 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 emis sion fee program for Title V and non

- Title V sources.

Additional Information:

The fee requirement of this subsection has been superseded by the EPA

- approved fee program

established under title V. New Hampshire’s title V program received full approval by EPA

, effective on November 23, 2001. Documentation for New Hampshire ’s program included aP age 15 of 45

demonstration that the state will collect fees from title V sources above the presumptive

minimum in accordance with 40 CFR 70.9(b)(2)(i)

.

► Subsection 110(a)(2)(M ): Consultation/Participation by Affected Local Entities

CAA Citation:

"Each such plan shall ...“prov ide for consultation and participation by local political subdivisions affected by the plan.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125

- C:6 ) pr ovides as follows: “ In addition to the other powers and duties granted herein, the agency shall have and may exercise the following powers and duties:... V. To advise, consult, and cooperate 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 pollution; VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state;

... XIII. The agency shall have the authority to coordinate and regulate the air pollution control programs of civil subdivisions of the state and to enter agreements with said subdivisions to plan or implement programs for the contro l and abatement of air pollution;...”

• Env

- A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP hearings.P age 16 of 45

Attachment 1



## New Hampshire Statutes Chapter 125

- C: Air Pollution Control

• Section 125

- C:1 Declaration of Policy and Purpose.

• Section 125

- C:2 Definitions.

• Section 125

- C:4 Rulemaking Authority; Subpo ena Power.

• Section 125

- C:6 Powers and Duties of the Commissioner.

• Section 125

- C:8 Administra tion of Chapter; Delegation of Duties.

• Section 125

- C:9 Authority of the Commissioner in Cases of Emergency.

• Section 125

- C:10 Devices Contributing to Air Pollution.

• Section 125

- C:10

- a Municipal Waste Combustion Units.

• Section 125

- C:11 Permit Required.

• Section 125

- C:12 Administrative Requirements.

• Section 125

- C:13 Criteria for Denial; Suspension or Revocation; Modification.

• Section 125

- C:14 Rehearings and Appeals.

• Section 125

- C:15 Enforcement.

• Section 125

- C:18 Existing Remedies Unimpaired.

• Section 125

- C:19 Protection of Powers.

• Section 125

- C:21 Severability.P age 17 of 45

TITLE X

PUBLIC HEALTH 

## CHAPTER 125

- C

AIR POLLUTION C ONTROL

Section 125

- C:1

125

- C:1 Declaration of Policy and Purpose.

– It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources, foster the comfort and convenience of the people, promote the economic and social

de velopment of this state and to facilitate the enjoyment of the natural attractions of the state.

Source. 1979, 359:2, eff. July 1, 1979.



### Section 125

- C:2

125

- C:2 Definitions.

– Terms used in this chapter shall be construed as follows unless a

differe nt meaning is clearly apparent from the language or context: I. [Omitted.]

I

- a. "Affected source,'' any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 e t seq., as amended. II. "Air contaminant,'' soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof. III. "Air pollution,'' the presence in the outdoo r atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property.

III

- a. "Biomass'' means organic matter used as a fuel, not including wood derived from

construction and demolition debris, as defined in RSA 149

- M:4, IV

- a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to rehabilitate a contaminated or brownfields site through a p rocess known as "phytoremediation.'' IV. "Clean Air Act,'' the Clean Air Act, 42 U.S.C. 7401, and amendments thereto amending 42 U.S.C. 1857 et seq. V. [Omitted.]

V

- a. "Commissioner,'' the commissioner of the department of environmental serv ices.

V

- b. "Department,'' the department of environmental services.

V

- c. "Consumer products,'' any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consu mption, storage, disposal, destruction, or decomposition of which may result in the release of air

contaminants. VI. "Device which contributes to air pollution,'' any burner, furnace, machine, equipment or article which, in the opinion of the commissi oner, contributes or may contribute to the pollution

of the air.

VI

- a. "Dioxin'' means a group of chemical compounds that share certain similar chemical

structures and mode

- of

- action biological characteristics, including a total of 17 dioxin

- like

comp ounds that are members of 2 closely related families: chlorinated dibenzo

- p

- dioxins (CDDs) and chlorinated dibenzofurans (CDFs).P age 18 of 45

VII. [Repealed.]

VII

- a. "Eligible biomass fuel'' means fuel sources including biomass or neat biodiesel, as

defined i n RSA 362

- A:1

- a, I

- b, and other neat liquid fuels that are derived from biomass. VIII. "Emission,'' a release into the outdoor atmosphere of air contaminants.

VIII

- a. "Hearing,'' the opportunity for the submission of either written or oral commen ts, or
the submission of both written and oral comments.

VIII

- b. "Major deviation from requirement'' means the violator deviated from a requirement of

a statute or rule to such an extent that there is substantial non

- compliance.

VIII

- c. "Major po tential for harm'' means a substantial likelihood of causing unhealthful air quality. IX. [Repealed.]

IX

- a. "Non

- Title V Source,'' any stationary source other than an affected source which, in the opinion of the commissioner, contributes or may c ontribute to the pollution of the air.

IX

- b. "Minor deviation from requirement'' means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met.

IX

- c. "Minor potential for harm'' means a sm all likelihood of causing unhealthful air quality.

IX

- d. "Moderate deviation from requirement'' means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximate ly half the requirements were met.

IX

- e. "Moderate potential for harm'' means a moderate likelihood of causing unhealthful air quality.

IX

- f. "Particulate matter'' means any material, including lead, but not uncombined water,

which is or has been suspended in air or other gases and which exists in a finely divided form as a liquid or solid at standard conditions. X. "Person,'' any individual, partnership, firm or co

- partnership, association, company, trust, corporation, department, bureau, ag ency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

X

- a. "Repeat violation'' means a subsequent violation of a statute or rule at a facility or by a person for which a letter of deficiency, administrative order, or administrative fine has previously been issued by the department. XI. "Stationary source,'' any building, structure, fac ility, or installation which emits or which may emit any regulated air pollutant.

Source. 1979, 359:2. 1981, 332:1, 2. 1986, 202:6, I(h). 1993, 329:2, 3. 1996, 228:18, 105, 113, IV; 247:1, 2, 10; 278:10. 2001, 293:4, eff. July 17, 2001. 2005, 173:1, 2, ef f. June 29, 2005. 2008, 113:1, 2, eff. Aug. 2, 2008. 2010, 183:1, 5, eff. June 21, 2010.

.....



### Section 125

- C:4

125

- C:4 Rulemaking Authority; Subpoena Power.

– I. The commissioner shall adopt rules under RSA 541

- A, relative to:

(a) The pre vention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. (b) Primary and secondary ambient air quality standards. (c) P rocedures to meet air pollution emergencies, as authorized by RSA 125

- C:9. (d) The establishment and operation of a statewide permit system, as authorized by RSA

125

- C:6, XIV, RSA 125

- C:11, I and RSA 125

- C:11, I

- a. (e) Devices, in addition to those devices defined under RSA 125

- C:2, subject to the permitP age 19 of 45

requirements of RSA 125

- C:11, as authorized by RSA 125

- C:11, II. (f) The exemption of certain devices and non

- Title V sources from the permit requirements

of RSA 125

- C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125

- C:11, I. (g) The forms and information required on applications for temporary and permanent permits required under RSA 125

- C:11, as authorized by RSA 125

- C:12, I. (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125

- C:12, II. (i) Fees for permit application and review, as authorized by RSA 125

- C:12, IV

- d. (j) Proce dures for permit application review, as authorized by RSA 125

- C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125

- C:13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 1 25

- C:6, XI. (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by

RSA 125

- C:15, I. (m) Procedures for granting variances, as authorized by RSA 125

- C:16. (n) The manufacture, use, or sale of co nsumer products for purposes of implementing RSA

485:16

- c. (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125

- C:10

- b, VII(f). (p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125

- C:10

- b, IV and VI. (q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affecte d source subject to RSA 125

- C:10

- b. (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125

- C:6, XIV

- a. I

- a. In adopting rules under paragraph I, the department may incorporate by reference

standar ds issued by the California air resources board relative to certification and testing of vapor recovery equipment.

I

- b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125

- C:2, V

- c. II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the productio n of such evidence and to administer such oaths and to take such testimony as he may deem necessary.

Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2, eff. May 27, 2004. 2005, 173:3, eff. June 29, 2005. 2008, 113:3, eff. Aug. 2, 2008. 2010, 183:6, eff. June 21, 2010.

.....



### Section 125

- C:6

125

- C:6 Powers and Duties of the Commissioner.

– In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the followi ng powers and

duties: I. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; II. Developing a comprehensive program and provide services for the study, preven tion, and abatement of air pollution;P age 20 of 45

III. Conducting and encouraging studies relating to air quality; 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,

ind ustries, 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; VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of

manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIII. Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, including such monies given under any federal law to the state for air quality control activities, surveys, or programs; IX. Consulting the air resources council esta blished by RSA 21

- O:11 on the policies and plans for the control and prevention of air pollution; X. Exercising all incidental powers necessary to carry out the purposes of this chapter; XI. Conducting emission tests and requiring owners or opera tors 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 suc h data available to the public and as correlated with any applicable emission standards; XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a "clean air'' area by state or federal regula tions; 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;

XIV. E stablishing and operating a statewide system under which permits shall be required for the construction, installation, operation, or modification of air pollution devices and sources, which system shall be established pursuant to RSA 125

- C:11 and the secti ons which follow. The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, modification, or operation of said air pollution sources and modifications which, in the opinion of the commissioner, w ould cause the ambient air pollution level in the locality of such construction, modification, or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to

the Clean Air Act as amen ded, or which construction, modification, or operation would, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan;

XIV

- a. Establishing fuel quality standards and tes ting requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches,P age 21 of 45

brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps

from furniture and other man ufacture and eligible biomass fuel related to the combustion of such materials at stationary sources. The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125

- I. XV. Implement ing 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 spec ified in the Clean Air Act and amendments thereto, and in regulations promulgated thereunder; XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protecti on Agency guidelines and to assure the reliability and accuracy of the network equipment. XVII. Implementing a program to control the emissions of air contaminants from consumer products for purposes of RSA 485:16

- c, by establishing limits on the manu facture, use, or sale of such products, provided that such limits are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act.

Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1. 1995, 192:1. 1996, 228:104. 2001, 293:6, eff. July 17, 2001. 2008, 113:4, eff. Aug. 2, 2008. 2010, 183:8, eff. June 21, 2010.

.....



### Section 125

- C:8

125

- C:8 Administration of Chapter; Delegation of Duties.

– The commis sioner shall be responsible for the implementation of this chapter and any rule adopted hereunder and may delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking authority.

Source. 1979, 359:2. 1986, 202:11. 1996, 228 :104, eff. July 1, 1996.



### Section 125

- C:9

125

- C:9 Authority of the Commissioner in Cases of Emergency.

– Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safet y, 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.

Source. 1979, 359:2. 1996, 228:104, eff. July 1, 1996.



### Section 125

- C:10

125

- C:10 Devices Contributing to Air Pollution.

– I. No person shall install, construct, operate, or modify any device or non

- Title V source which contributes to air pollution except as prescribed by this chapter. II. No person shall construct, operate or modify an affected sou rce which contributes to air pollution except as prescribed by this chapter.

Source. 1979, 359:2. 1993, 329:4. 1996, 278:4, eff. Aug. 9, 1996.P age 22 of 45



### Section 125

- C:10

- a

125

- C:10

- a Municipal Waste Combustion Units.

– Any municipal waste combustor, as

defin ed in RSA 125

- M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 tons per day of municipal solid waste, as defined in RSA 125

- M:2, X, shall be limited to the following levels of emissions, unless otherwise provided for by a mo re stringent federal regulation, or by other state statute: I. Particulate matter: 27 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3

- run average (run duration specified in test method). II. Opacity: 10 percent (6

- minute ave rage), 30 6

- minute averages. III. Cadmium: 0.040 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3

- run average (run duration specified in test method). IV. Lead: 0.44 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3

- run average (run duration specified in test method). V. Mercury: 0.028 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, or 85 percent control efficiency, 3

- run average (run duration specified in test method).

VI. Sul fur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur dioxide emission concentration, corrected to 7 percent oxygen (dry basis), monthly block geometric average concentration or percent reduction. VII. Hydrogen chloride: 2 9 parts per million by volume, or 5 percent of the potential hydrogen chloride emission concentration, corrected to 7 percent oxygen (dry basis), 3

- run average (minimum run duration is 1 hour). VIII. Dioxins/furans: 60 nanograms/dry standard cubic met er (total mass), corrected to 7 percent oxygen, where an electrostatic precipitator

- based emission control system is employed; or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an electrostatic precipitator

- based e mission control system is not employed, 3

- run average (minimum run duration is 4 hours).

Source. 2005, 72:1, eff. Jan. 1, 2006.

... ..



### Section 125

- C:11

125

- C:11 Permit Required.

– I. The construction, installation, operation, or modification of a ny device or non

- Title V

source as defined under RSA 125

- C:2, and as further defined by rules adopted by the commissioner shall be prohibited unless the source possesses a temporary permit or operating permit whether a permit

- by

- notification, general permi t, or an individual operating permit issued by the commissioner. The commissioner may by rule exempt certain devices or non

- Title V sources from the requirements of this section.

I

- a. The construction, installation, operation, or modification of an af fected source shall be prohibited unless the affected source possesses and complies with a temporary permit, general permit, or individual operating permit issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the general permit or permit to operate shall not exceed 5 years. II. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified device or non

- Title V source except for those devices or non

- Title V sources which are authorized to construct and operate pursuant to a permit

- by

- notification or a general permit. A temporary permit shall be in effect until it expires, an operating permit is issued, or until sooner revoked by the commissioner. Such permit shall contain the emission limits the device or non

- Title V source is required toP age 23 of 45

meet, and shall be issued by the commissioner upon a finding that the device or non

- Title V

source will meet such limits and will not result in a violation of any air quality standard or regulation in force under this chapter. III. An individual operating permit, which may contain conditions, shall be issued with respect

to a device or non

- Title V source for which a temporary permit is in eff ect, upon a finding by the commissioner, following operational testing, where required, that the device or non

- Title V source meets the applicable emission limits and that its operation will not result in a violation of any air quality standard or regulati on in force under this chapter.

III

- a. [Repealed.]

III

- b. A general permit, which may contain certain conditions, may be issued with respect to a Title V source category if the commissioner finds that there is more than one stationary source,

are a source, or device in the same category and the stationary sources, area sources, or devices in that category are all subject to the same regulatory requirements.

III

- c. The commissioner may adopt rules providing for a permit

- by

- notification with res pect to a source category, provided that the commissioner finds that there is more than one device or

non

- Title V source in the source category, and that the devices or non

- Title V sources in that category are all subject to the same regulatory requirement s. IV. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified affected source, except for those affected sources which are authorized to be constructed pursuant to a general permit. The applicant shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any new major stationary source, device, or modification to any existing major stationary source o r device. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant dete rioration of air quality, or a violation of any applicable emission limitation or standard of performance. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no permit shall be issued for a source unless such source meets all the requirements for review and for obtaining a permit prescribed in the Clean Air Act. V. The applicant for a permit to operate shall be required to conduct preconstruction or premodification review procedures prio r to commencement of construction of any affected source. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or

maintain an y ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. The applicant shall submit the required information to the commissioner prior to the commencement of construction or modification. Such preconstruction review and premodification review requirements shall be no less stringent than those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as

amended.

Source. 1979, 359:2. 1981, 332:4. 1986, 20 2:6, I(h). 1993, 329:5

- 8. 1995, 68:1, 4. 1996, 228:104, eff. July 1, 1996; 278:11, 12, eff. Aug. 9, 1996. 2010, 183:2, eff. June 21, 2010.



### Section 125

- C:12

125

- C:12 Administrative Requirements.

– I. Applications for permits shall be upon such f orms, and shall include such information, as the commissioner requires under rules adopted pursuant to RSA 541

- A in order to determine the nature of the air pollution potential for such device or non

- Title V source. II. The commissioner shall act upon a permit application within a reasonable period of time.P age 24 of 45

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 a decision of the commissioner to grant in whole or in part, with or without conditions, or to deny a permit who wishes to appeal the decision s hall proceed in

accordance with RSA 21

- O:14. IV. As a condition of any permit or authorization required or any requested applicability determination, the commissioner may require payment of a fee to cover the reasonable costs of reviewing and acting u pon the application for a permit.

IV

- a. The applicant shall pay any cost or expense associated with public notices or notifications in the permit process.

IV

- b. As a condition of any permit or authorization required, the commissioner may require payment of an annual emissions fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including: (a) The costs of reviewing and acting upon any permit renewal; (b) Emissions and ambient monitoring, for those costs incurred under the permitting

program; (c) Preparing generally applicable rules or guidance; (d) Modeling, monitoring, analyses, and compliance demonstrations; (e) Preparing inventories and tracking emiss ions; and (f) Inspections and enforcement.

IV

- c. In lieu of the annual emissions fee specified in paragraph IV

- b, as a condition of any permit or authorization required, the commissioner may require payment of a one

- time fee

sufficient to cove r the costs of implementing or enforcing the permit program authorized by this chapter including the provisions specified in paragraph IV

- b.

IV

- d. 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. V. Fees required to be collected from affected sources by the Clean Air Act as authorized under this section shall be deposited in the air resources fund, shall be accounted for separately,

and s hall 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.

Source. 1979, 359:2. 1981, 332:5. 1986, 202:6, I(h). 1991, 28 9:1. 1993, 329:9. 1995, 68:2. 1996, 228:104, 107, eff. July 1, 1996; 278:13, eff. Aug. 9, 1996. 2010, 183:3, eff. June 21, 2010. 2012, 246:6, eff. June 18, 2012.



### Section 125

- C:13

125

- C:13 Criteria for Denial; Suspension or Revocation; Modification.

– I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the commissioner determines: (a) That the device or non

- Title V source for which the permit or authoriz ation is sought will result in a violation of any standard or rule in force under this chapter; or (b) That the device or non

- Title V source will contribute disproportionately to pollution ofP age 25 of 45

the air in comparison with other similar sources able to perform the same function that are currently available; or (c) That the device or non

- Title V source is located in a "clean air'' area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deteri oration of the existing air quality in a part of the area. II. The commissioner may suspend or revoke any permit or authorization issued hereunder if, following a hearing, the commissioner determines: (a) That the permit holder or registrant h as committed a violation of this chapter or any rule, order, or permit conditions in force and applicable to it; or (b) That emissions from the device or non

- Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health. III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines, followi ng a hearing: (a) That the device or non

- Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation; (b) That the device or non

- Title V source is resulting or is reas onably likely to result in a violation of an air quality standard in force. IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.

Source. 1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104, eff. July 1, 1996; 278:14, eff. Aug. 9, 1996. 2010, 183:4, eff. June 21, 2010.



### Section 125

- C:14

125

- C:14 Rehearings and Appeals.

– Admini strative appeals from decisions of the commissioner made under the provisions of this chapter shall be heard by the air resources

council under RSA 21

- O:11, IV.

Source. 1979, 359:2. 1981, 332:6, 7. 1986, 202:12. 1996, 228:104, eff. July 1, 1996.



### Sectio n 125

- C:15

125

- C:15 Enforcement.

– I. Whenever the commissioner or the commissioner's authorized representative finds that any device, non

- Title V source, affected source of air pollution, or any other source of air pollution

has resulted in a vio lation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a complia nce schedule with which the device, non

- Title V source, affected source, or any other source shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air r esources council before the expiration of said 30

- day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of aba tement requiring immediate compliance and said order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing,P age 26 of 45

uphold, modify, or abrogate said order.

I

- a. When ever the commissioner or his authorized representative finds that a gasoline dispensing facility subject to Stage II vapor recovery system requirements has resulted in a violation of any provisions of this chapter or the rules in force hereunder, the commi ssioner or authorized representative shall issue a stop use order and compliance schedule with which the gasoline dispensing facility shall comply. Any stop use order shall become final and enforceable upon issuance, but may be appealed to the council with in 10 days of its issuance and the council, after hearing, may uphold, modify, or abrogate such order.

I

- b. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541

- A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement, issued pursuant to this chapter; or upo n any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals

from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines impo sed pursuant to this paragraph shall be deposited in the general fund. (a) Notice and hearing prior to the imposition of an administrative fine shall be in

accordance with RSA 541

- A and procedural rules adopted by the commissioner pursuant to RSA

5 41

- A:16. (b) The commissioner shall determine fines based on the following:

(1) For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than $1,000. (2) For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than $1,250. (3) For a minor deviation from a requirement causing major potential for harm, the fine

shall be not less th an $851 and not more than $1,500. (4) For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than $1,250. (5) For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than $1,500. (6) For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than $1,750. (7) For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than $1,500. (8) For a major deviation from a requirement causing moderate potential for harm, the fine

shall be not less than $1,251 and not more than $1,750. (9) For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than $2,000. (c) The commissioner may assess an addition al fine for repeat violations. II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory in junction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence ofP age 27 of 45

imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to RSA 125

- C:15, III. Each day of violation shall constitute a separate offense.

Source. 1979, 359:2. 1981, 332:8. 1993, 329:12. 1996, 228:104; 247:11; 278:15. 1998, 146:1, 2, eff. June 8, 1998.

....



### Section 125

- C:18

125

- C:18 Existing Remedies Unimpaired.

– No existing civil or crimi nal remedy for any wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or impaired by this chapter.

Source. 1979, 359:2, eff. July 1, 1979.



### Section 125

- C:19

125

- C:19 Protection of Powers.

– The powers and fu nctions vested in the commissioner under the provisions of this chapter shall not be construed to affect in any manner the powers, duties and functions vested in the department of health and human services under any other provision of law.

Source. 1979, 3 59:2. 1983, 291:1, I. 1986, 202:6, I(h). 1995, 310:181. 1996, 228:104, eff. July 1,

1996.

.....



### Section 125

- C:21

125

- C:21 Severability.

– If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the in validity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the provisions of this chapter are severable.

Source. 1981, 332:9, eff. Aug. 16, 1981.P age 28 of 45

At tachment 2



## Comparison of New and Old Statutes:

RSA 125

- C and RSA 125

RSA 125

- C (New) RSA 125 (Old) COMMENTS

125

- C:1 Declaration of Policy and Purpose.

– It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources,

f oster the comfort and convenience of the people, promote the economic and social development of this state and to facilitate the enjoyment of the

natural attractions of the state. 125:78 Declaration of Policy and Purpose. It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this
subdivision to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources, foster the comfort and convenience of the people, promote the economic and social development of this state and to facilitate the enjoyment of the

natural attractions of this state. Ide ntical wording.

125

- C:2 Definitions.

– Terms used in this chapter
shall be construed as follows unless a different meaning is clearly apparent from the language or

context: I. [Omitted.] II. "Air contaminant,'' soot, cinders, ashes, any dust, fu me, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any

combination thereof. III. "Air pollution,'' the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient q uantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property. VIII. "Emission,'' a release into the outdoor atmosphere of air contaminants. 125:79 Definitions. I. "Air pollution" means the presence in the outdoor atmosphere of one or more contaminant s or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or un natural odor or obscure visibility or which unreasonably interfere with the enjoyment of life or property. II. "Air contaminant" means soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matt er, or any combination thereof.
III. "Emission" means a release into the outdoor atmosphere of air contaminants. The definitions of "air pollution

, "
"air contaminant

, "
and "emissions"
remain the same.

125

- C:2 Definitions, continued

I

- a. "Affected s ource,'' any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended.

III

- a. "Biomass'' means organic matter used as a fuel, not including wood der ived from construction and demolition debris, as defined in RSA 149

- M:4,

IV

- a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to
rehabilitate a contaminated or b rownfields site through a process known as "phytoremediation.'' V. [Omitted.]

V

- a. "Commissioner,'' the commissioner of the department of environmental services.

V

- b. "Department,'' the department of
environmental services.

V

- c. "Consum er products,'' any substance, 125:79 Definitions, continued IV. "Agency" means the air pollution control agency created by this subdivision. V. "Commission" means the air pollution control commission created by this subdivision. These terms ar e specific to their acts

and not defined in the

other act. RSA 125

- C
adds a definition for

"affected source" (Title V source). In the 1980s, the Air Resources "Agency"
became a "Division" of the "Department"
of Environmental Services, and the Air

"Commiss ion"
became the Air

Resources Council.P age 29 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the releas e of air contaminants.

VI

- a. "Dioxin'' means a group of chemical compounds that share certain similar chemical
structures and mode

- of

- action biological characteristics, including a total of 17 dioxin

- like compounds that are members of 2 closely rela ted
families: chlorinated dibenzo

- p

- dioxins (CDDs) and chlorinated dibenzofurans (CDFs).

VII. [Repealed.]

VII

- a. "Eligible biomass fuel'' means fuel sources including biomass or neat biodiesel, as

defined in RSA 362

- A:1

- a, I

- b, and other neat liq uid fuels that are derived from biomass.

125

- C:2 Definitions, continued

IV. "Clean Air Act,'' the Clean Air Act, 42 U.S.C. 7401, and amendments thereto amending 42 U.S.C. 1857 et seq.

VI. "Device which contributes to air pollution,'' any burner, furn ace, machine, equipment or article which, in the opinion of the commissioner, contributes or may contribute to the pollution of

the air. 125:91 Definitions. The following words when used in this subdivision shall have the meanings

described herein unless the context clearly indicates

otherwise:

I. "Device which contributes to air pollution'' shall mean any burner, furnace, machine, equipment or article which, in the opinion of the air pollution control agency, contributes or may contribute to pollution of the air. Said devices shall be described in a list promulgated by the air pollution control agency setting out three classes of devices as

follows: (a) Class A devices shall include any residential or commercial heating plant which falls within ranges

of heat input or particulate matter output established in the New Hampshire state implementation plan pursuant to the Clean Air Act; (b) Class B devices shall include but not be limited to industrial heating plants and furnaces and processes which generate a nd discharge byproducts into the air; (c) Class C devices shall include devices designed
for the incineration of waste or refuse but shall not include residential incinerators;
II. . "Clean Air Act'' shall mean the Clean Air Act of 1963, 42 U.S.C. 7401, an d amendments thereto amending 42 U.S.C. 1857 et seq. These terms were updated in RSA 125

- C.

125

- C:2 Definitions, continued

VIII

- a. "Hearing,'' the opportunity for the submission of either written or oral comments, or

the submission of both written and ora l comments.

VIII

- b. "Major deviation from requirement'' means the violator deviated from a requirement of

a statute or rule to such an extent that there is

substantial non

- compliance.

VIII

- c. "Major potential for harm'' means a

substantial likeli hood of causing unhealthful air quality.

IX. [Repealed.] These terms are not

defined in RSA 125.P age 30 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

IX

- a. "Non

- Title V Source,'' any stationary source other than an affected source which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air.

I X

- b. "Minor deviation from requirement'' means the violator deviated partially from a requirement

of a statute or rule such that most of the requirement was met.

IX

- c. "Minor potential for harm'' means a small likelihood of causing unhealthful air qua lity.

IX

- d. "Moderate deviation from requirement'' means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met.

IX

- e. "Moderate potential for harm'' means a moderate likelihood of causing unhealthful air quality.

IX

- f. "Particulate matter'' means any material, including lead, but not uncombined water, which is or has been suspended in air or other gases and

which ex ists in a finely divided form as a liquid or

solid at standard conditions.

X

- a. "Repeat violation'' means a subsequent violation of a statute or rule at a facility or by a person for which a letter of deficiency, administrative order, or administrative fine has previously been issued by the department. XI. "Stationary source,'' any building, structure, facility, or installation which emits or which may emit any regulated air pollutant.

125

- C:2 Definitions, continued X. "Person,'' any individual, partnership, firm or

co

- partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties. 125:79 Definitions, continued VI. "Person" means any individual, partnership,
firm or co

- partnership, association, syndicate, company, trust, corporati on, department, bureau, agency, private or municipal corporation, or any other entity recognized by law as the subject of rights and duties. Similar wording; no

substantive difference.

125

- C:4 Rulemaking Authority; Subpoena Power.

I. The commissione r shall adopt rules under RSA

541

- A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. ( b) Primary and secondary ambient air quality
standards. (c) Procedures to meet air pollution emergencies, as authorized by RSA 125

- C:9. (d) The establishment and operation of a statewide permit system, as authorized by RSA 125

- C:6, XIV, RSA 125

- C:11, I and RSA 125

- C:11, I

- a. (e) Devices, in addition to those devices defined

under RSA 125

- C:2, subject to the permit requirements of RSA 125

- C:11, as authorized by
RSA 125

- C:11, II. 125:80 Administration. I. The department of health and welfare, division of public hea lth services, is hereby designated as the state air pollution control agency. III. There is hereby created and established an air pollution control commission which shall be composed of nine members, including one representing the steam power generating in dustry; one representing the fuels industry; one representing the manufacturing component of industry; one representing the field of municipal government; ; one representing the field of recreation; one licensed practicing physician; and three appointed at large. The members shall be residents of the state and shall be appointed by the governor with the consent of council. Each member shall serve for a term of four years and until his successor shall be appointed and qualified; provided The state air agency

was removed from the Department of H ealth

and Welfare and became part of the Department of

Environmental Services (DES) in
1986.

Authority to delegate
in RSA 125

- C is found

in section 8.

The structure of the

DES and the Air

Resources Council is
established in RSA 21

-P age 31 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

(f) The exemption of certain devices and non

Tit le V sources from the permit requirements of

RSA 125

- C:11, I and the conformance of exempted devices to established standards, as authorized by

RSA 125

- C:11, I. (g) The forms and information required on applications for temporary and permanent perm its required under RSA 125

- C:11, as authorized by

RSA 125

- C:12, I. (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125

- C:12, II. (i) Fees for permit applicati on and review, as authorized by RSA 125

- C:12, IV

- d. (j) Procedures for permit application review, as authorized by RSA 125

- C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125

- C:13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125

- C:6, XI. (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125

- C:15, I. (m) Procedures for granting variances, as

author ized by RSA 125

- C:16. (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA

485:16

- c. (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided

in RSA 125

- C:10

- b, VII (f). (p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125

- C:10

- b, IV and VI. (q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125

- C:10

- b. (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by

RSA 125

- C:6, XIV

- a. I

- a. In adopting rules u nder paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment.

I

- b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in

the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in

RSA 125

- C:2, V

- c. II. The commissioner is authorized to issue

s ubpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary. that of the original appointments, three shall be appointed for a term of two years, three for a term of three years and three for a term of four years. The members shall receive no compensation for their services but shall receive necessary travel and other expenses while e ngaged in actual work of the commission. The governor and council shall annually select a chairman from the membership at large and one of the commission members to serve

as vice

- chairman. When the chairman is absent, it shall be the duty of the vice

- chai rman to assume
and administer the duties of the chairman. The commission shall hold meetings on the call of the chairman or the director of the state air pollution control agency. It shall be the duty of the commission to make suggestions to, and to advise the agency concerning, the policies, plans, and goals to be attained in the administration of this subdivision; to hold such hearings; to issue notices of hearings, and subpoenas requiring the attendance of such witnesses and the production of such

eviden ce and to administer such oaths and to take such testimony as the commission may deem necessary; and to keep the governor and council informed on matters relative to air pollution. However, no such rules, regulation, amendment or repeal shall be adopted ex cept after public hearing. Said public hearing shall be held by the commission provided that not less than thirty days' notice thereof shall be given by public advertisement stating the date, time, and place of hearing; provided further that no such rule, regulation, amendment, or repeal shall be or become effective until thirty days after such public hearing, or until such time as shall be determined by the commission to be reasonable and necessary. O. RSA 21

- O:11, I,
wh ich establishes the

Air Resources Council and requires that the members adequately disclose all conflicts,

was submitted as a SIP
revision on December 31, 2012, along with

the infrastructure SIP
for the 2008 Ozone

standard.

P rocedural rules are

found in Env

- A 200.P age 32 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

RSA 125

- C:6 Powers and Duties of the
Commissioner.

– In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and
duties:

I. Exercising gene ral supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it;

II. Developing a comprehensive program and provide services for the study, prevention, and abatement of air pollution;

II I. Conducting and encouraging studies relating to air quality; 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,
fe deral 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 control ling 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 t he used fuel oil specifications in 40 CFR, section 279.11, table 1; VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is belie ved to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such
ins pection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIII. Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying ou t any of the functions of this chapter, including such monies given under any federal law to the state for air quality control activities,

surveys, or programs;

IX. Consulting the air resources council established by RSA 21

- O:11 on the policies and pl ans for the control and prevention of air pollution; X. Exercising all incidental powers necessary to carry out the purposes of this chapter;

XI. Conducting emission tests and requiring owners or operators of stationary sources to install,

mainta in, and use emission monitoring devices and to make periodic reports to the commissioner on RSA 125:81 Powers and Duties of the Agency.

– In addition to the other powers and dut ies granted herein, the agency shall have and may exercise the following powers and duties: I. To exercise general supervision of the

administration and enforcement of this subdivision and all rules and regulations and orders promulgated by the commis sion; II. To develop a comprehensive program and provide services for the study, prevention, and abatement of air pollution;

III. To conduct and encourage studies relating to air pollution;

IV. To collect and disseminate the results of

studi es relating to air pollution;

V. To advise, consult, and cooperate 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 pollution;

VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state;

VII. To enter at all reasonable times in or upon any private or public property, e xcept private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or regulations or orders promulgated hereunder. Any information relating to se cret processes or methods of manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the director without permission of the person whose source is inspected or investigated; VIII. To accept, recei ve, and administer grants or other funds or gifts for the purpose of carrying out any of the functions of this act, including such monies given under any federal law to the state for air quality control activities, surveys, or programs;

IX. To consult the commission on the policies and plans for the control and prevention of air pollution; X. To exercise all incidental powers necessary to carry out the purposes of this subdivision;

XI. The agency shall have the authority to

conduct emission t ests and to require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the agency on the nature and amounts of emissions from such stationary sources. The agency shall have th e authority to make such data available to the public and as correlated with any applicable emission standards;

XII. The agency shall have the authority to carry out a program of inspection and testing of all modes of transportation, to enforce compli ance with Substantially the same language through subsection XIV, where

RSA 125:81 ends.P age 33 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

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 as correla ted with any applicable emission standards;

XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the opera tion of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in

a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a "clean air'' area by state or federal regulations;

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;

XIV. Establishing and operating a statewide
system under which permits shall be required for the construction, installation, operation, or modification of air pollution devices and sources, which system shall be established pursuant to RSA

125

- C:11 and the sections which follow. The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, modification, or operation of said air pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air pollution level in the locality of such construction, modification, or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification, or operation would, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan;

XIV

- a. Establishing fuel quality standards and testing requirements for biomass other than roun d wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass fuel
related to the combustion of such materials at stationary sources. The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards

and RSA 125

- I.

XV. Implementing a program of prevention of significant de terioration of ambient air quality by applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the director such modes of transportation are producing or pose an imme diate danger of producing unacceptable levels of air pollutants; XIII. The agency shall have the authority to coordinate and regulate the air pollution control programs of civil subdivisions of the state and to enter agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution;

XIV. The agency shall have the authority to establish and operate a statewide system under which permits shall be required for the construction and operation of new station ary sources of air pollution and the construction and operation of modifications of existing sources, which system shall be established pursuant to RSA 125:90 et seq. The authority vested in the agency hereby shall include the power to delay or prevent any construction, modification, or operation of said air pollution sources and modifications which, in the opinion of the director, would cause the ambient air pollution level in the locality of such construction, modification, or operation to exceed limits f or ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended (Public Laws collected under 42 U.S.C. 1857 et seq.) or which construction, modification, or operation would, in the opini on of the director violate any provision of any land use plan established by the said New Hampshire state implementation plan;

RSA 125

- C establishes a PSD permit program.P age 34 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

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 the reto, and in regulations promulgated thereunder; XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and
to assure the reliab ility and accuracy of the network equipment.

XVII. Implementing a program to control the
emissions of air contaminants from consumer products for purposes of RSA 485:16

- c, by establishing limits on the manufacture, use, or sale of such products, provi ded that such limits are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act. RSA 125

- C authorizes
DES to establish an air quality monitoring program to meet EPA guidelines.

125

- C:8 Administration of Chapter; Delegation
of Duties.

– The commissioner shall be responsible for the implementation of this chapter and any rule adopted hereunder and may delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking authority. 125:80 Administration II. The director of the division of public health services shall designate an individual to be director of the agency, hereinafter referred to as the director, who shall be responsible for implementation of this subdivision and any regulations promulgated hereunder, and who may delegate to a subordinate or subordinates any or all duties vested in him. The director shall act as technical secretary to the air pollution commission, without voting power. RSA 125

- C does not
allow the commissioner to delegate ru lemaking

duties.

125

- C:9 Authority of the Commissioner in Cases of Emergency.

– 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 sha ll comply therewith.

The commissioner shall rescind or abate such order as soon as the emergency ceases to exist. 125:84 Authority of the Director in Cases of Emergency.

– Whenever the director finds that an air pollution emergency exists requiring immedia te 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 director shall

rescind or abate such order as soon as the emergency ceases to exist. The wording is substantially the same.

125

- C:10 Devices Co ntributing to Air Pollution.

–

I. No person shall install, construct, operate, or modify any device or non

- Title V source which contributes to air pollution except as prescribed by this chapter. II. No person shall construct, operate or modify

an affected source which contributes to air pollution except as prescribed by this chapter. 125:90 Devices Contributing to Air Pollution.

– No person shall install or operate any device which contributes to air pollution except as prescribed by

this subdivi sion. The wording in RSA

125

- C was expanded

to include Title V

sources.

125

- C:10

- a Mu nicipal Waste Combustion Units.

– Any municipal waste combustor, as defined in

RSA 125

- M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 t ons per day of municipal solid waste, as defined in RSA No equ ivalent provision in RSA 125.P age 35 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

125

- M:2, X, shall be limited to the following levels of emissions, unless otherwise provided for by a more stringent federal regulation, or by other state

statute:

I. Particulate matter: 27 milli grams/dry standard cubic meter, corrected to 7 percent oxygen, 3

- run average (run duration specified in test method).

II. Opacity: 10 percent (6

- minute average), 30 6

- minute averages. III. Cadmium: 0.040 milligrams/dry standard cubic meter, corre cted to 7 percent oxygen, 3

- run average (run duration specified in test method).

IV. Lead: 0.44 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3

- run average (run duration specified in test method).

V. Mercury: 0.028 milligram s/dry standard cubic meter, corrected to 7 percent oxygen, or 85 percent control efficiency, 3

- run average (run duration specified in test method).

VI. Sulfur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur dioxide

emiss ion concentration, corrected to 7 percent oxygen (dry basis), monthly block geometric average concentration or percent reduction.

VII. Hydrogen chloride: 29 parts per million by volume, or 5 percent of the potential hydrogen
chloride emission concentr ation, corrected to 7 percent oxygen (dry basis), 3

- run average (minimum run duration is 1 hour).

VIII. Dioxins/furans: 60 nanograms/dry standard cubic meter (total mass), corrected to 7 percent oxygen, where an electrostatic precipitator

- based
emiss ion control system is employed; or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an electrostatic precipitator

- based emission control system is not employed, 3

- run average (minimum run duration is 4 hours).

125

- C:11 Permit Required.

–

I. The construction, installation, operation, or modification of any device or non

- Title V source as

defined under RSA 125

- C:2, and as further defined by rules adopted by the commissioner shal l be prohibited unless the source possesses a temporary permit or operating permit whether a permit

- by

notification, general permit, or an individual operating permit issued by the commissioner. The commissioner may by rule exempt certain devices

or non

- Ti tle V sources from the requirements of
this section.

I

- a. The construction, installation, operation, or

modification of an affected source shall be prohibited unless the affected source possesses and complies with a temporary permit, general permit,

o r individual operating permit issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the general permit or permit to operate shall not exceed 5 years. 125:92 Permit Required.

- An operating permit shall be required after February 1, 1973 for the installation or operation of any device described in regulations hereby a uthorized to be issued by the agency to implement the provisions of RSA 125:81,
XIV and this subdivision. Permits shall be of three classes and shall be issued for an indefinite period. The director may make such orders as he deems necessary for the modi fication of any device for which a permit has been applied for or issued hereunder and the grant of any permit may be made conditional upon compliance with said orders. RSA 125

- C has been updated to provide for
various kinds of permits, eliminating

the d ivision of permits
into three classes.P age 36 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

II. A temporary permit, which may contain conditions, shal l be required prior to commencement of construction or installation of any new or

modified device or non

- Title V source except for
those devices or non

- Title V sources which are authorized to construct and operate pursuant to a permit

- by

- notification or a general permit. A temporary permit shall be in effect until it expires, an operating permit is issued, or until sooner revoked by the commissioner. Such permit shall
contain the emission limits the device or non

- Title V source is required to meet, and shal l be issued by the commissioner upon a finding that the device or

non

- Title V source will meet such limits and will not result in a violation of any air quality standard or regulation in force under this chapter.

III. An individual operating permit, w hich may contain conditions, shall be issued with respect to a

device or non

- Title V source for which a temporary permit is in effect, upon a finding by the commissioner, following operational testing, where required, that the device or non

- Title V source meets the applicable emission limits and that its operation will not result in a violation of any air quality standard or regulation in force under this chapter.

III

- a. [Repealed.]

III

- b. A general permit, which may contain certain conditions, ma y be issued with respect to a Title V source category if the commissioner finds that there is more than one stationary source, area source, or device in the same category and the stationary sources, area sources, or devices in that category are all subject to the same regulatory requirements.

III

- c. The commissioner may adopt rules providing for a permit

- by

- notification with respect to a source category, provided that the

commissioner finds that there is more than one

device or non

- Title V source in th e source category, and that the devices or non

- Title V sources in that category are all subject to the same regulatory requirements. IV. A temporary permit, which may contain conditions, shall be required prior to

commencement of construction or insta llation of any new or modified affected source, except for

those affected sources which are authorized to be constructed pursuant to a general permit. The applicant shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any new major stationary source, device, or modification to any existing major stationary source or device. Such procedures shall be
sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air qualityP age 37 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. Such preconstructio n and premodification review requirements shall be no less stringent than, and shall require that no permit

shall be issued for a source unless such source meets all the requirements for review and for obtaining a permit prescribed in the Clean Air Act.

V. The applicant for a permit to operate shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any affected source. Such procedures shall be sufficient to allow
the commissioner to mak e determinations that the proposed construction or modification will not

cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. The applicant shall submit the required information to the commissioner prior to

the commencement of construction or modification. Such preconstruction review and premodification review requirements shall be no less stringent t han those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as amended.

125

- C:12 Administrative Requirements.

–

I. Applications for permits shall be upon such forms, and shall include such information, as the commissioner requires under rules adopted pursuant to RSA 541

- A in order to determine the nature of the air pollution potential for such device

or non

- Title V source.

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 a decisio n of the commissioner to grant in whole or in part, with or without conditions, or to deny a permit who wishes to appeal the decision shall proceed in accordance

with RSA 21

- O:14. IV. As a condition of any permit or authorization required or any reque sted applicability determination, the commissioner may require payment of a fee to cover the reasonable costs of reviewing and acting upon the application for a permit.

IV

- a. The applicant shall pay any cost or expense 125:93 Requirement for Class B Permit.

- A class B permit shall be required for the installation or operation of any device listed by the agency in regulations. Said permit shall be issued by the agency subject to the following conditions: I. Application therefor to the agency on an agency

supplied form by the owner or operator of the device; provided, however, that initial applications hereunder for devices in operation on April 1, 1 972, shall be made prior to May 1, 1972; II. Submission with said application of a description of the device and such engineering plans, specifications or other information as the agency shall require to determine the air pollution potential of the device; III. Upon passage of thirty days from the date of application unless the agency shall for cause refuse to grant a permit after hearing as provided in RSA 125:94; provided, however, that the initial permits issued hereunder shall be issued prior to Februar y 1, 1972 without regard to the thirty

- day deadline provided in this paragraph. RSA 125

- C has done away with the classes of permits and

authorizes DES to act upon permit applications within a reasonable period of
time rather than 30 days, as required by

RS A 125.

RSA 125

- C requires public notice and the opportunity for a hearing on a proposed permit.

RSA 125

- C authorizes DES to collect permit application and

emission fees.P age 38 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

associated with public notices o r notifications in the permit process.

IV

- b. As a condition of any permit or authorization required, the commissioner may require payment of an annual emissions fee sufficient to cover the costs of implementing or enforcing the permit program authoriz ed by this chapter including: (a) The costs of reviewing and acting upon any permit renewal; (b) Emissions and ambient monitoring, for those costs incurred under the permitting program; (c) Preparing generally applicable rules or

gu idance; (d) Modeling, monitoring, analyses, and compliance demonstrations; (e) Preparing inventories and tracking emissions; and (f) Inspections and enforcement.

IV

- c. In lieu of the annual emissions fee specified in paragraph IV

- b, as a condition of any permit or authorization required, the commissioner may require payment of a one

- time fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including the provisions specified in paragraph IV

- b.

IV

- d. 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 deposit ed 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.

V. Fees required to be collected from affected sources by th e Clean Air Act as authorized under this section 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 construc tion, operation, or modification of any new or existing affected source.

125

- C:13 Criteria for Denial; Suspension or Revocation; Modification.

– I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the

commissioner determines: (a) That the device or non

- Title V source for which the permit or authorizati on is sought will result in a violation of any standard or rule in force under this chapter; or (b) That the device or non

- Title V source will contribute disproportionately to pollution of the air in comparison with other similar sources able to

pe rform the same function that are currently available; or RSA 125:94 Refusal to Grant; Suspension; Hearing.

- The agency may refuse to grant any class B or C permit if: I. In the judgment of the director, the device for which a permit is sought contributes or may

contribu te disproportionately to pollution of the air in comparison to other devices of its type currently in use; or II. The device for which a permit is sought should, in the opinion of the director, should be fitted with or modified by equipment designed to red uce the air pollution capacity of the device and the applicant refuses to comply with an order to that effect; III. The director may suspend after hearing a permit previously issued for the causes set out in The criteria for denying a permit have changed slightly, although 125:94, I, and

125

- C:13, I(b) are the

same. RSA 125

- C, I(c) also acknowledges the need to prevent significant
deterioration of air quality. In addition,

RSA 125

- C, II, provides more criteria for suspending permits.P age 39 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

(c) That the device or non

- Title V source is located in a "clean air'' area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deteriora tion of the existing air quality in a part of the area.

II. The commissioner may suspend or revoke any permit or authorization issued hereunder if, following a hearing, the commissioner determines: (a) That the permit holder or registrant has committed a violation of this chapter or any rule, order, or permit conditions in force and applicable to it; or (b) That emissions from the device or non

Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health. III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines, following a hearing: (a) That the device or non

- Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation; (b) That the device or non

- Title V source is resulting or is reasona bly likely to result in a violation of an air quality standard in force. IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent wi th the requirements of the Clean Air Act. RSA 125:94, I and II, above if, in the opinion of the director, the permit holder has failed to comply with any order for modification issued by the director.

125

- C:14 Rehearings and Appeals.

– Administrative appeals from decisions of the commissioner made under the provisio ns of this chapter shall be heard by the air resources council
under RSA 21

- O:11, IV. 125:82 (See below.) See below.

125

- C:15 Enforcement.

–

I. Whenever the commissioner or the commissioner's authorized representative finds that any device, non

- Tit le V source, affected source of air pollution, or any other source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter,

the commission er shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the device, non

- Title V source, affected source, or any other source shall comply. Any order of abatement

shall become final an d enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30

- day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision 125:82 Notification of Violation and Order of
Abatement.

- Whenever the director or his authorized representative finds upon inspection and examination that a source of air pollution as constructed, operated, or maintained has resulted in the violation of any of the provisions of this subdivision or any codes, rules, or regulations of the commission, he shall notify any pe rson found to be causing, allowing, or permitting such violation of the nature of that violation and order that prior to a time fixed by the director, which time shall not be later than thirty days from the date of service of the notice, that such person s hall cease and abate causing, allowing or permitting such violation and take such action as may be necessary for the source of air pollution to be constructed, operated or maintained in compliance with this subdivision and codes, rules, or regulations of t he commission, unless a variance is granted in accordance with Both law s authorize

DES to issue notices of

violation and orders of
abatement. RSA 125

- C now provides 30 days in which to appeal an order to the

Air Resources Council, up from the 15 days allowed by

RSA:82.P age 40 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

upholding, modifying or abrogating the commissioner's order of abatement or any part

thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the
commissioner that there is an imminent and

substantial enda ngerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and said order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate said order.

I

- a. Whenever the commissioner or his authorized representative finds that a gasoline dispensing facility subject to Stage II vapor recovery system requirements has resulted in a violation of any provisions of this chapter or the rules in force hereunder, the commissioner or authorized representative shall issue a stop use order and compliance schedule with which the gasoline dispensing facility shall comply. Any stop use order shall become final and enforceable upon issuance, but may be appealed to the council within 10 days of its issuance and the council, after hearing, may uphold, modify, or abrogate such
order.

I

- b. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541

- A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any pe rmit, compliance schedule, stop use order, or order of abatement, issued pursuant to this chapter; or upon any person who

makes or certifies a material false statement relative to any document or information which is required to be submitted to the departm ent pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not p reclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund. (a) Notice and hearing prior to the imposition

of an administrative fine shall be in accordance

with RSA 541

- A and procedural rules adopted by the commissioner pursuant to RSA 541

- A:16. (b) The commissioner shall determine fines based on the following: (1) For a minor deviation from a requirement causing min or potential for harm, the fine shall be not less than $100 and not more than $1,000. (2) For a minor deviation from a requirement section 83. Any person aggrieved by the finding or order of the agency may request a hearing before the commission, at any time within fifteen days after notification, and the commission may af firm the finding or order of the agency or reverse or modify the finding or order of the agency. Any order or decision of the commission may be the subject of a motion for rehearing or of any appeal in the following manner:

I. Motion for reconsideration. Within twenty days after any decision of the commission, any person whose rights may be directly affected may apply to the commission for reconsideration of any matter determined by the commission in its decision, specifying in the motion for reconsiderati on the grounds therefor, and the commission may reconsider and revise its decision if in the opinion of the commission good reason therefor is stated in

said motion. II. Specifications. Such motion shall set forth fully every ground upon which it is claim ed that the

decision of the commission is unlawful or unreasonable. No appeal from any decision of the commission shall be taken unless the appellant shall have made application for reconsideration as herein provided, and when such application shall have
b een made, no ground not set forth therein shall be urged, relied on, or given any consideration by the court, unless the court for good cause shown shall allow the appellant to specify additional grounds. III. Action on Motion. Upon the filing of such

moti on for reconsideration the commission shall within ten days either grant or deny the same, and shall thereby either affirm, or modify, revise or

reverse its decision. IV. Appeal from Decision on Motion for Reconsideration. Within thirty days after the appl ication for reconsideration is denied, or if the application is granted then within thirty days after the decision on such reconsideration, the applicant may appeal by petition to the superior court. V. Burden of Proof. Upon the hearing the burden of proof shall be upon the party seeking to set aside

the decision of the commission to show that the same is unreasonable or unlawful, and all findings of the commission upon all questions of fact properly before it shall be deemed to be prima facie

lawful and re asonable; and the order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said decision is unjust or

unreasonable. RSA 125

- C authorize s DES to impose
administrative fines and provides an

administrative fine
matrix.P age 41 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

causing moderate potential for harm, the fine shall be not less than $601 and not more than $1,250. (3) For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than $1,500. (4) For a moderate deviation from a requirement causing minor potential for harm, the
fine shall be not le ss than $601 and not more than $1,250. (5) For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than $1,500. (6) For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than $1,750. (7) For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than $1,500. (8) For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than $1,750. (9) For a major deviation from a requirement causing major potential for harm, the fine sh all be not less than $1,501 and not more than $2,000. (c) The commissioner may assess an additional fine for repeat violations.

125

- C:15 Enforcement , continued

II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit iss ued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more

than $25,000 for each violation, and for each day of a continuing violation.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $ 25,000 if found guilty of any violation pursuant to RSA 125

- C:15, III. Each day of violation shall constitute a separate offense. 125:85 Injunctive Relief. A civil action may be instituted in superior court on behalf of the agency for injunctive relief t o prevent the violation of the provisions of this subdivision or codes, rules or regulations of the commission, and said court may restrain in all such cases any person from violating any of the provisions of this subdivision or said codes, rules, or regul ations.

125:86 Penalty. Any person who violates any of the provisions of RSA 125:78 through 94 inclusive or any rule or regulation of the air pollution control commission or who violates any order of the air pollution control agency shall be fined not l ess than

one hundred dollars nor more than one thousand dollars and in addition thereto may be enjoined from continuing such violation. Each day any person neglects or refuses to comply therewith shall constitute a separate offense. Both laws provide for injunctive relief and civil fines, but RSA

125

- C increases the civil penalties from a maximum of $1,000 to $25,000 per day of violation, and provides
for criminal fines of $25,000 per day per

violation and imprisonment.

125

- C:18 Existing Remedies Unimpair ed.

– No existing civil or criminal remedy for any wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or impaired by this chapter. 125:87 Existing Remedies Unimpaired.

– No existing civil or criminal remedy for an y wrongful action which is a violation of any code, rule, or regulation promulgated hereunder shall be excluded or impaired by this subdivision. The wording is substantially the same.P age 42 of 45

RSA 125

- C (New) RSA 125 (Old) COMMENTS

125

- C:19 Protection of Powers.

– The powers and
functions vested in the commissioner under the provisions of this chapter shall not be construed to affect in any manner the powers, duties and functions vested in the department of health and human services under any other provision of law. 125:88 Protection of Powers.

– The po wers and functions vested in the department of health and welfare, division of public health services, under the provisions hereof, shall not be construed to affect in any manner the powers, duties, and functions vested in the department of health and

welf are, division of public health services under any other provision of law. The wording is similar and seeks to protect other powers and

duties of the department of health

and human services.

125

- C:21 Severability.

– If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the provisions of th is chapter are severable. 125:89 Severability of Provisions.

– If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity does not affect other provisions or applications of this subdivis ion which can be given effect without the invalid provision or application, and to this end the provisions of this
subdivision are declared to be severable. The wording is substantially the same.P age 43 of 45

Attachment 3



## New Hampshire Statutes Chapter 125

- O : Air Pollution Control

• Section 125

- O:1 Findings and Purpose.

• Section 125

- O:3 Integrated Power Plant Strategy.P age 44 of 45

TITLE X

PUBLIC HEALTH 

## CHAPTER 125

- O

MULTIPLE POLLUTANT REDUCTION PROGRAM

Section 125

- O:1

125

- O:1 Findings and Purpose.

– I. The general cour t finds that while air quality has improved in recent years, scientific advances have demonstrated that adequate protection of public health, environmental quality,

and economic well

- being

- the 3 cornerstones of New Hampshire's quality of life

- requires additional, concerted reductions in air pollutant emissions. The general court also finds that the state's tradition of environmental leadership

- setting an example for similarly feasible air pollution reductions from upwind jurisdictions

- is also well s erved by additional emission

reductions. II. Recent studies and scientific evidence, documented in the New Hampshire Clean Power Strategy issued in January 2001 by the department of environmental services, indicates that significant negative human hea lth and ecosystem impacts continue to be caused by air pollution. The general court finds that the substantial quantities of several harmful air pollutants that continue to be emitted from existing fossil fuel burning steam electric power plants, despite

r ecent reductions in the emission of certain air pollutants from some of these facilities, contribute to these harmful impacts and that additional emissions reductions from these sources are

warranted. III. Specifically, the general court finds that ag gressive further reductions in emissions of sulfur dioxide (SO 2 ), oxides of nitrogen (NOx), mercury, and carbon dioxide (CO 2 ) must be pursued. These pollutants are primarily responsible for the human health and ecosystem impacts documented in the New Hamps hire Clean Power Strategy issued in January 2001 by the department of environmental services. IV. The general court finds that, as demonstrated by recent analyses, a high quality

- of

- life environment has been, and will continue to be, essential to New Hampshire's economic well

being. The general court further finds that protecting New Hampshire's high quality

- of

- life environment by reducing air pollutant emissions returns substantial economic benefit to the state through avoided health care costs; great er tourism resulting from healthier lakes and improved vistas; more visits by fishermen, hunters, and wildlife viewers to wildlife ecosystems, and a more productive forest and agricultural sector. V. For the above reasons and others, the general court finds that substantial additional

reductions in emissions of SO 2 , NOx, mercury, and CO 2 must be required of New Hampshire's existing fossil fuel burning steam electric power plants. Due to the collateral benefits and

economies of scale associated with red ucing multiple pollutant emissions at the same time, the general court finds that such aggressive emission reductions are both feasible and cost

- effective if implemented simultaneously through a comprehensive, integrated power plant strategy.

VI. The general court also finds that the environmental benefits of air pollutant reductions can

be most cost

- effectively achieved if implemented in a fashion that allows for regulatory and compliance flexibility under a strictly limited overall emissions cap. Spe cifically, market

- based approaches, such as trading and banking of emission reductions within a cap

- and

- trade system,

allow sources to choose the most cost

- effective ways to comply with established emission reduction requirements. This approach also provid es sources with an incentive to reduce air pollutant emissions sooner and by greater amounts, promotes the development and use of innovative new emission control technologies, and specifies to the greatest extent possible performance results regarding envi ronmental improvement rather than dictating expensive,P age 45 of 45

facility

- specific, command

- and

- control regulatory requirements. The general court acknowledges that future federal regulations may mandate some facility

- specific requirements regarding mercury reductio ns. VII. The general court also finds that energy conservation results in direct reductions in air pollutant emissions. Thus, incentives for energy conservation are an important component of an overall clean power strategy. The general court recognize s that energy conservation expenditures made by utilities using system benefits charge funds can benefit all citizens and ratepayers.

Source. 2002, 130:2, eff. July 1, 2002.

.....



### Section 125

- O:3

125

- O:3 Integrated Power Plant Strategy.

– I. The department shall implement an integrated, multi

- pollutant strategy to reduce air

emissions from affected sources. II. The integrated, multi

- pollutant strategy shall be implemented in a market

- based fashion that allows trading and banking of emission reductions to comply with the overall statewide annual emission caps established under RSA 125

- O:3, III. Allowances, up to the amount of these caps, shall be allocated to each affected source based on the output of each affected source. The department shal l make publicly available all allocations prior to the effective date of such

allocations. III. The strategy shall include implementation of the following statewide annual emissions

caps: (a) 7,289 tons annually applicable to total sulfur diox ide (SO 2 ) emissions from the affected

sources; (b) 3,644 tons annually applicable to total oxides of nitrogen (NOx) emissions from the affected sources; (c) [Repealed.]

[Paragraph III(d) repealed by 2012, 281:11, I, effective as provided b y 2012, 281:17.]

(d) 5,425,866 tons annually applicable to total carbon dioxide (CO 2 ) emissions from the affected sources until December 31, 2008.

Source. 2002, 130:2, eff. July 1, 2002. 2006, 105:2, I, eff. June 8, 2006. 2008, 182:3, eff. June

11 , 2008. 2012, 281:11, I, eff. as provided by 2012, 281:17.

### EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REQUIREMENTS

40 CFR Part 51, Appendix V, 2.1(e)EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REQUIREMENTS

The only state requirement for SIP submittals that do not involve rulemaking is that at least 30 days before the date of any public hearing related to SIP revisions, public notice shall be published in a newspaper of general daily statewide circulation. (See Env-A 204.01) Then if a hearing is held, it must be condu cted in accordance with Env-C 205. (See Env-A 204.02) See the Evidence of Public Noti ce and the Certification of Public Hearing for evidence of the plan’s adoption in acco rdance with Env-A 204.

### EVIDENCE OF PUBLIC NOTICE

40 CFR Part 51, Appendix V, 2.1(f)

### New Hampshire Union Leader Marketplace Page 1 of 1

S TATE OF NEW HAMPSHIRE
DEPARTMENT OF
ENVIRONMENTAL SERVICES
AIR RESOURCES DIVISION CONCORD, NEW HAMPSHIRE
NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING ¶ In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Title 40 of the Code of Federal Regulations (CFR) Section 51.102, notice is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department) has prepared, and intends to submit to the U.S. Environmental Protection Agency, a certification of the adequacy of New Hampshire's State Implementation Plan (SIP) to meet the requirements of the federal Clean Air Act, section 110 (a) (1) and (2), pertaining to infrastructure elements for implementation of the one-hour federal air quality standard for sulfur dioxide. This standard, which New Hampshire and other states must meet, is contained in Title 40: Protection of Environment, section 50.17, National Primary Ambient Air Quality Standards for Sulfur Oxides (Sulfur Dioxide). ¶ This SIP revision is submitted in response to the revised National Ambient Air Quality Standard (NMQS) for Sulfur Dioxide as promulgated by EPA on June 2, 2010. Certification of SIP adequacy must be made within three years after the date of promulgation of the
standards. ¶ The Department hereby solicits comments and has scheduled a public hearing on this SIP revision. Comments must be submitted in writing or by email or fax to Charles Martone, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03302-0095; email Charles.Martone@des.nh.gov; fax (603)271-1381. ¶ A SIP public hearing at the Department offices has been scheduled for 9:30 a.m., Friday, May 24, 2013. in Room 214 at 29 Hazen Drive, Concord, NH 03301. ¶ All comments on the proposed SIP revision must be received by 4:00 p.m. on Friday, May 24, 2013, to be entered into the record. ¶ A copy of the SIP certification of adequacy is available for public inspection at the Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from 8:00 a.m. to 4:00 p.m., Monday through Friday. The main text of the SIP certification may be downloaded at http://des.nh.gov/organization/divisions/air/d o/sipflndex.htm under "Sulfur Dioxide." For more information or to make arrangements for anyone wishing to attend the hearing who may need special assistance, please call Charles Martone at (603)271-1089. Craig A. Wright Acting Director, Air Resources Division NH Department of Environmental Services Dated: April 22, 2013 (UL - Apr. 22)



### http://manchesterunionleader.nh.newsmemory.com/advmarketpla...4/25/2013

### CERTIFICATION OF PUBLIC HEARING

40 CFR Part 51, Appendix V, 2.1(g)

### COMPILATION OF PUBLIC COMMENTS AND

NEW HAMPSHIRE’S RESPONSE THERETO

40 CFR Part 51, Appendix V, 2.1(h)Page 1 of 6



## Summary of and Response to Comments on New Hampshire’s Proposed Infrastructure SIP Certification of Adequacy

for the 2010 1

- Hour SO 2 

## Primary Standard

The New Hampshire Department of Environmental Services (NHDES) established a public comment period from April 22, 2013

, through May 24, 2013, and held a public hearing on May 24, 2013, to receive comments on its proposal to certify the adequacy of the New Hampshire State Implementation Plan (SIP) with respect to the 2010 1

- hour National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO 2 ). NHDES received timely w ritten comments from the U.S. Environmental Protection Agency, Region I (EPA) on May 20, 2013 ; the Sierra Club on May 24, 2013; and 263 individuals via email

. Four persons presented oral t estimony at the hearing. The following summarizes and responds to comments received during the comment period

.

EPA Comments

Comment #1: “ New Hampshire should list the minor SIP

- approved new source review program at

Env

- A 607 under the column for ‘ Ap p licable NH Laws and Regulations’ for element C of section 110(a)(2). ”

NHDES Response: NHDES agrees and added Env

- A 607 as an applicable rule for element C.

Comment #2 : “ Element G requires states to have the authority to address emergency episodes and have adequate contingency plans to implement such authority. EPA plans to work with DES to update the state's area classifications and will determine at that time whether a contingency plan is

needed. ”

NHDES Response: NHDES looks forward to working with EPA on the update.

Sierra Club Comments

Comment # 3 : The infrastructure SIP must include enforceable 1

- hour emission limits based on modeling to ensure attainment and maintenance of the NAAQS.

NHDES Response: The document being proposed for submittal to EPA for approval at this time is the Department's certification that the NH SIP fulfills the “infrastructure” requirements established in sections 110(a)(1) and (2) of the Clean Air Act (CAA) for SO 2 . Section 110(a)(2) requires states to address basic SIP elements, including emissions inventories, monitoring, and modeling, to assure attainment and maintenance of the NAAQS. EPA has determined that these infrastructure SIPs are not required to address certain elements pertaining to nonattainment

areas
, because those elements are covered separately in SIP revisions known as attainment plans. Furthermore, EPA has advised New Hampshire, by letter dated April 12, 2012, from then

- EPA Assistant Administrator Gina McCarthy to NHDES Commissioner Tom Burack, tha t modeling is not a required component of this infrastructure SIP.Page 2 of 6

EPA recently designat ed nonattainment areas in the country based on existing monitoring data. In New Hampshire, a n area around the Pembroke air monitor has been designated nonattainment fo r SO 2 , and a plan to bring that area into attainment will be submitted by NHDES to the EPA on or before December 31, 2014. That plan will contain enforceable measures designed to meet an attainment date of June 3, 2018, and will be proposed for public com ment well before the due

date. Because of controls recently installed at the Merrimack Station coal

- fired power plant as required by RSA 125

- O

, and the fact that the Pembroke monitor is now on

- track for showing attainment of the 1

- hour sulfur dioxide stan dard, NHDES is confident that attainment will be

achieved and th at the area will qualify for redesignation prior to the statutory deadline.

Under EPA regulations and guidance, all areas of the state other than those deemed to be in non

attainment based on recorded monitoring data are treated as unknown (called "unclassifiable" areas by EPA)

. In New Hampshire, t he unknown areas include locations with existing monitors

such as Portsmouth and Concord ( and previously Manchester ) even when those monitors show

"clean data" for the most recent monitoring period. EPA is currently developing guidance for the

states on how to assess the unknown areas for designation purposes

. This guidance may call for increased monitoring or modeling to fill existing data gaps. NHDES is committed to complying with EPA's requirements for designating areas and will proceed expeditiously to perform additional monitoring and/or modeling, as appropriate, as soon as final EPA guidance becomes

available.

Comment # 4 : EPA’s AERMOD is th e appropriate modeling tool for evaluating the adequacy of infrastructure SIPs and ensuring attainment and maintenance of the NAAQS. Past EPA guidance

for SO 2 attainment demonstrations has indicated th at monitoring data alone is insufficient and

should be accompanied by modeling analyses, especially for medium to larger sources.

NHDES Response: NHDES agrees that AERMOD is an appropriate tool for modeling air quality impacts from emission sources to determine whether those impacts are consistent with atta inment of the SO 2 NAAQS. In fact, NHDES has already begun collecting information in preparation for potential modeling efforts to make designation recommendations to EPA for those parts of the state not previously designated for attainment or nonattainmen t in the initial round of SO 2 area designations. NHDES is also exploring expanded monitoring options for determining air quality

in parts of the state that are without monitors . As stated above, modeling and/or monitoring conducted for SO 2 attainment des ignation must comply with updated EPA guidance (or rule )

, which is still pending

.

Comment # 5 : EPA's intent to designate Bow, where Merrimack Station is located, nonattainment

has no legal effect and provides no increased protection of public health. U nt il EPA actually designates Bow nonattainment, NHDES still has an obligation to develop an i nfra structure SIP

which includes enforceable emission limits which ensure that Merrimack Station is not able to

cause or contribute to NAAQS violations.

NHDES Respo nse: On August 5 , 2013, EPA published a n official notice designat ing the area in question as "nonattainment." (78 Fed. Reg. 47191 ( Aug. 5, 2013 ) Therefore, a plan to bring that area into attainment will be submitted to the EPA on or before December 31, 2 014, in accordance with EPA guidance. Also, as noted earlier, employment of the scrubber has reduced emissions from Merrimack Station to a level that does not cause or contribute to NAAQS violations.Page 3 of 6

Comment # 6 : Based on Sierra Club modeling

, S chiller S tation requires at least an 86 percent

reduction and Merrimack Station at least a 62 percent reduction in allowable SO 2 e mission rates (lb/hr basis ).

NHDES Response: B oth Schiller and Merrimack Station s are required to operate CEMS for SO 2 emissions as p articipating major sources in EPA’s Acid Rain Program

. Conti nuous hourly

emissions data on each unit are available from EPA’s Clean Air Markets Division (CAMD)

at http://ampd.epa.gov/ampd/

. NHDES intends to do a n independent evaluation of these hourly

emissions and to determine appropriate SO 2 emission limits

, consistent with EPA guidance, in preparing future designation recommendations and attainment plan s. At this point, given the lack of final guidance and th e statutory deadline for the infrastructure SIP, the infrastructure SIP is not the appropriate vehicle for such evaluations and emission limits.

Comment # 7 : The i nfrastructure SIP must include provisions to ensure SO 2 emissions will not cause or signific antly contribute to nonattainment in another state. Air dispersion modeling by the

Sierra Club “demonstrates not only clear cross

- state impacts, but violations of the one

- hour S O 2 NAAQS in Maine due to emissions from Schiller Station in New Hampshire .”

N

HDES Response: NHDES has monitored SO 2 continuously since 20 04 at a monitoring station on Pierce Island in Portsmouth, New Hampshire. This monitor is located 2 miles south east of

Schiller Station

. Here are some relevant facts on maximum SO 2 values reco rded at this location :

• There have been no exceedances of the former annual SO 2 NAAQS of 0.03 ppm at the

Portsmouth monitor since measurements began there.

• Values at this site have never exceeded t he former 24

- hour NAAQS of 0.140 ppm

.

• The new 1

- h our NAAQS of 75 ppb h as not been exceeded since its promulgation in 2010

.

• 1

- h our SO 2 concentrations have declined by about 67% since 2005.

• The last time a 1

- hour SO 2 value exceeded 75 ppb was in 2008, when the current 1

- hour

standard did not exist

.

T

he Portsmouth P ie r ce Island monitoring station in recent years has shown a declining pattern of

SO 2 concentrations

, which are reflective of decreasing SO 2 emissions at Schiller Station and other

sources in the are a such as including Newington Station and the Portsmouth N aval Shipyard

. ( See g raph p repared by State of Maine Department of Environmental Protection, below. )

Additional evaluations will follow the established process consistent with EPA guidance (or rule ) for designatin g areas of attainment and nonattainment

, and planning for attainment. DES intends

to w ork in close co operation with the Maine DEP to ensure that cross

- state impacts are properly

addressed

.Page 4 of 6

0 25 50 75 100 125 150198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012ppb Figure 5: Kittery

- Portsmouth 99th Percentile 1

- hr SO2 Concentrations

Portsmouth Vaughan St Portsmouth Port Authority Portsmouth Pierce Island

Kittery Masonic Temple Kittery Greenfield St 1-hr SO2 NAAQS Source: EPA AQS Database 7/9/2013

Source: Maine Department of Environmental Protection, Bureau of Air Quality, "Historical Sulfur Dioxid e (SO 2 ) Trends in the Kittery, Maine Area and How the Ambient and Area Emission Data Compares to the 1

- Hour SO 2 National Ambient Air Quality Standard," July 24, 2013.

Comment # 8 : Section 11 0(a)(2)(H) requires that a SIP provide for revisions when the NA AQS

are revised or the EPA Administrator finds that a plan is substantially inadequate to attain the NAAQS or to comply with any additional requirements under the Act. New Hampshire Revised

Statute 1 25

- C:6 , cited by NHDES as meeting this requirement, is t oo vague and does not contemplate revisions to the SIP

.

NHDES Response: This requirement under Sec tion 110(a)(2) is generic to every infrastructure

SIP . EPA has previously approved this provision in New Hampshire’s SIP in substantial ly the same form as presented here

. See 76 FR 40248 (July 8, 2011) and 77 FR 63228 (October 16, 2012).

In addition t o the statutory authority cited above, Env

- A 204, Public Hearings on the State Implementation Plan, provides the procedures for holding hearings on revisions to the SIP. Therefore, NHDES believes the proposed SIP revision satisfies the r equirements of Sec tion 110(a)(2)(H)

.

Comments Received via Electronic Mail

NHDES received 274 emailed comments, 10 of which were duplicates, one of which was from an environmental organization, and 263 of which were from individuals. These comments emphasized the publi c’s right to breathe clean air and expressed concern that sulfur dioxide in thePage 5 of 6

ambient air can cause respiratory distress. All but a few messages repeated the following quotation verbatim or with minor variations.

Comment #9 : “I am extremely concerned about dangero us sulfur dioxide air pollution in my area, as even very short exposures to sulfur dioxide can cause asthma attacks and respiratory distress, potentially leading to hospitalization and even death. Right now, coal

- fired power plants are

allowe d to emit vast quantities of sulfur dioxide in our state. That's why I am urging you to take

into consideration all information

– including air modeling of sulfur dioxide emissions

– in developing our state's implementation plan for how we will address da ngerous sulfur dioxide pollution. This plan must include tight, hourly limits on sulfur dioxide to protect the public, including vulnerable populations like children and the elderly, and to ensure that we have clean air

to breathe.”

NHDES Response: NHDE S is committed to implementing its authority under state law and the federal Clean Air Act to ensure that all New Hampshire citizens, as well as surrounding neighbors, are breathing air that me ets the NAAQS for all of the criteria pollutants, including

sul fur dioxide. NHDES is following the process and timeline outlined in the Clean Air Act for implementing new or revised NAAQS, as well as all rules and guidelines issued by EPA after a NAAQS has been set at levels to protect health and welfare.

Testimony at Public Hearing

NHDES heard testimony from four individuals at the public hearing on May 24, 2013. Three of these individuals also submitted comments by email during the comment period. Their testimony

is paraphrased below, along with NHDES’s respons es.

Comment # 10 : Coal is the dirtiest form of energy, causing emissions of not just SO 2 but also particulate matter, heavy metals, metalloids, and radioactive particles. There is no safe level of

SO 2

. Thus, DES needs to address air pollution and power plants emissions from a new perspective.

NHDES Response: With the new 1

- hour primary SO 2 NAAQS , EPA has strengthened th e standard for this pollutant based on recommendations from its scientific advisors

. NHDES defers to EPA, whose scientific resources are more extensive than ours, in the development of air quality

standards for this and other pollutants

. At this time, NHDES i s required to updat e th e SO 2 infrastructure component o f the New Hampshire SIP in accordance with federal regulations , as descr ibed elsewhere in this document.

Comment # 11 : New Hampshire has the third

- highest asthma rate in the country. NHDES should

have invited participation in the SIP process from persons who se heal th is affect ed by SO 2 emissions and should schedule a new hea ring to rectify that and the fact that this hearing was held the Friday before a Monday holiday

. The draft SIP doesn’t m eet standards; it includes no emission limits for the new NAAQS.

NHDES Response: Infrastructure SIPs traditionally have provided th e basic framework for implementing the NAAQS rather than specific emission limitations to accomplish the goals of attainment and maintenance of the standards. There are exceptions, and some of NewPage 6 of 6

Hampshire’s laws and regulations are prescriptive with res pect to required emission reductions.

But the details , especially in the case of major emission sources, are more often handled by New Hampshire’s air permit program, in which allowable emission limits are specified in the

conditions written into individu al permits for those sources to ensure that the sources do not cause or contribute to the violation of a NAAQS

. The efficacy of this gener al approach is supported by

EPA’s history of actions granting approval of previous revisions to New Hampshire’s SIP

. To the extent that new, hourly em ission limits are required to en sure attainment and maintenance of the

SO 2 NAAQS, these conditions will be incorporated into the air permits of the affected sources at the earliest practicable dates. The remaining design ation of currently "unclassifiable" areas for attainment or nonattainment is proceeding on a parallel track and will be followed by further SIP revisions for any nonattainment area. There will be additional opportunities for public input as these plans ta ke form.

Comment #1 2 : Emission limits are important for the protection of sensitive populations. The proposed SIP does not reflect the Sierra Club’s air modeling analyses and did not include further

research.

NHDES Response: See the responses to Comme nts #3, 4, 6, and 11

.

Comment # 1 3 : The SIP as proposed contains almost nothing that is specific to the SO 2 NAAQS and very little that is new material. The Sierra Club’s modeling shows that existing facilities in New Hampshire may cause nonattainment, an d emission limits need to be revised as hourly limits developed from modeling.

NHDES Response: See the response s to Comment s # 3, 6, and 11.