## Fw : VOCRACTrules Robert Mcconnell to: David MacKintosh 03/08/2011 08:29AM Cc: AnneArnold 

### David, Anne: I did doa preliminary reviewof NH'sdraft rulesdevelopedto meetour 2006-08 CTGs last year, and recall that Ifocused primarilyonwhether their proposedemission limitswereconsistentwith the CTGs. Mycomments are below intheAugust 12, 2010e-mailto Barbara Hoffmanat NH-DES. Notealso that Icommented thattheir proposedcompliancedatesway out to2016would be an issue ............we should commentonthatifthey'restickingwithadatethatfarin thefuture. Bob McConnell U.S. EPA, Region 1 5 PostOfficeSquare, Suite 100 Mail CodeOEP05-2 Boston, MA 02109-3912 617-918-1046

----- Forwardedby Robert Mcconnell/R1/USEPA/USon 03/08/201108:23AM ----- From : "Hoffman, Barbara" <Barbara.Hoffman@des.nh.gov> To: Robert Mcconnell/R1/USEPA/US@EPA Date: 10/19/201008:10AM Subject: RE: FW :VOCRACT rules Hi Bob, I had hoped to present the rules at the October Air Resources Council meeting, but our legal counsel, Gretchen Hamel, went on a 3-week vacation, so she didn't finish reviewing them . I've now told her that would like to take them to the November 15 meeting . That means we won have a public hearing until late Feb. or early March . In the meantime we'll have to do an interim rulemaking to keep the existing rules from expiring on 12/31/10. 

### Barbara L. Hoffman Compliance & Enforcement Programs Manager NH Dept . of Environmental Services, Air Resources Div . P.O. Box 95 29 Hazen Drive Concord, NH 03302-0095 Tel : (603)271-7874 FAX: (603)271-7053 

### -----Original Message----- From : mcconnell .robert@epamail .epa .gov [mailto :mcconnell .robertQepamail .epa .gov] Sent : Monday, October 18, 2010 4 :27 PM To: Hoffman, Barbara Subject : RE : FW : VOC RACT rules 

### Barbara - just checking in to see howNH is doing with these rules; any ideas when the public hearing might be held? I t



### Also, I mentioned to Anne Arnold the long time between rule adoption and

### when existing sources will need to comply (2016) . . That will probably be

an issue, particularly since the rules are overdue. Bob McConnell U.S . EPA, Region 1 5 Post Office Square, Suite 100 Mail Code OEP05-2 Boston, MA 02109-3912 617-918-1046



### From : "Hoffman, Barbara" <Barbara .Hoffman@des .nh.gov>

To: Robert Mcconnell/R1/USEPA/US@EPA

Cc : Anne Arnold/R1/USEPA/US@EPA, "McManus, Karla" <Karla .McManusQdes .nh.gov>, "Nixon, Liz"



### <Elizabeth .NixonQdes .nh.gov>

Date : 08/20/2010 02 :04 PM Subject : RE : FW : VOC RACT rules



### Bob, Thanks for the input . Regarding your question about the pleasure craft limits in Table 1210-7, we met with representatives from the American Coatings Association, which presented support for the different limits you've noted. We've also been surveying the marinas in NH, and at this point, we believe there are no facilities in NH that emit more than 3 tpy VOC from coating pleasure crafts . Thus, we may be deleting that section and submitting a negative declaration to EPA. Regarding compliance dates, we are attempting to write the rules so that existing sources will not be required to comply with newor more stringent limits until 1/1/16. That will allow these sources the time to either obtain permits with newcaps, or determine how they will meet the new or more stringent limits and obtain, if necessary, revised permits and RACT orders . We will expect new sources to meet the new limits on startup. We are revising Env-A 1201 .02(c) and various applicability sections to clarify that .Regarding Env-A 1212, you are correct - the correct unit should be VOC

material, excluding water and exempt compounds, not solids . 

### Legal here is still reviewing the preliminary draft, and I will be making various revisions to it as well . We expect to have that draft ready by mid-September. As soon as we get a revised draft ready to go, I'll send you a copy. In the meantime, please don't hesitate sending me any other comments you might have. Thanks . Barbara L. Hoffman Compliance & Enforcement Programs Manager NH Dept . of Environmental Services, Air Resources Div. P.O. Box 95 29 Hazen Drive Concord, NH 03302-0095 Tel : (603)271-7874 FAX: (603)271-7053 

### -----Original Message----- From : mcconnell .robertQepamail .epa .gov [mailto :mcconnell .robert@epamail .epa .gov] Sent : Thursday, August 12, 2010 11 :05 AM To: Hoffman, Barbara Cc : Arnold.AnneQepamail .epa .gov Subject : RE: FW : VOC RACT rules Barbara - I've had the chance to look at some aspects of each of the new rules that New Hampshire intends to adopt or revise, and my preliminary review indicates that NH's draft rules address all of the categories for which EPA has issued CTGs since 2006 and that the emission limitations in the draft rules are generally consistent with EPA's guidance . EPA will send more detailed written comments at a later date . 

### I did note a couple of discrepancies between some of the NewHampshire emission limit rule provisions and EPA's CTGs, as follows: In Table 1210-7, the CTG recommended limit for extreme high gloss top coat of 0.49 kg VOC / liter of coating was crossed out and replaced with 0.6 kg; why was that done? Additionally, this same table shows a higher emission limit for other substrate antifoulant coatings than EPA's CTG recommends, (3 .3~lbs VOC / gal vs . CTG level of 2.8 lbs VOC / gal) ; why is this higher limit proposed? And also from this table, what is the basis for the emission limit added in for "antifouling sealer / tie coating"? There are a number of instances where compliance dates were indicated as January 1, 2016; are these typos? For instance, does NH intend to give any source that becomes newly subject to Env-A 1210, Miscellaneous Metal Parts and Plastic Parts and Products coatings, until January 2016 to come into compliance? Last, in Part 1212, regarding flatwood paneling coatings, the English units for Env-A 1212 .02(c) are the same as those in Env-A 1212 .02(b) . It seems that 1212 .02(c) should read . . . . . . . ."2 .1 lbs or VOC per gallon of material, excluding water and exempt compounds . . . . . . . . . . . . rather than 2 .1 lbs or VOC per gallon of solids . 

### Bob McConnell U.S. EPA, Region 1 5 Post Office Square, Suite 100Mail Code OEP05-2

Boston, MA 02109-3912 617-918-1046



### From : °Hoffman, Barbara" <Barbara .Hoffman@des .nh.gov>

To: Robert Mcconnell/Rl/USEPA/USQEPA

Date : 08/05/2010 08:17 AM Subject : RE : FW : VOC PACT rules



### Hi Bob, I'mattaching a newer version (which our Legal unit hasn't approved yet), showing the changes (in red) we are thinking about making after the stakeholder meeting and subsequent comments . Regarding the pleasure craft limits, we are looking into deleting that part and making a negative declaration. Let me know if you have any questions. Barbara L. Hoffman Compliance & Enforcement Programs Manager NH Dept . of Environmental Services, Air Resources Div . P.O. Box 95 29 Hazen Drive Concord, NH 03302-0095 Tel : (603)271-7874 FAX: (603)271-7053

-----Original Message----- From : mcconnell .robertQepamail .epa .gov [ mailto :mcconnell .robertQepamail .epa .gov] Sent : Wednesday, August 04, 2010 5 :03 PM To: Hoffman, Barbara Subject : Re : FW : VOC RACT rules 

### Barbara - can you send me the most recent version of your VOC rules? I have a hard copy dated 6-28-10 which I believe is the most current version but seem to have misplaced my electronic version. thanks,

### Bob McConnell U.S. EPA, Region 1 5 Post Office Square, Suite 100 Mail Code OEP05-2 Boston, MA 02109-3912 617-918-1046

From : "Hoffman, Barbara" <Barbara .HoffmanQdes .nh .gov> To: Robert Mcconnell/R1/USEPA/US@EPA Date : 07/22/2010 10:58 AM Subject : FW : VOC RACT rules



### Hi Bob, We held the VOC RACT stakeholders meeting on July 12, which was attended by about 30 companies. We are currently making a few changes to the rule and preparing to present it to the Air Resources Council on August 16. We must take the rule to that meeting in order to have any hope of adopting it by Dec. 31 . We would like to be able to tell the Council EPA's opinion of the rule. Have you had a chance to review it yet? Thanks . Barbara L. Hoffman Compliance & Enforcement Programs Manager NH Dept . of Environmental Services, Air Resources Div. P.O. Box 95 29 Hazen Drive Concord, NH 03302-0095 Tel : (603)271-7874 FAX: (603)271-7053 -----Original Message----- 

### From : Hoffman, Barbara Sent : Monday, May 17, 2010 1 :43 PM To: 'mcconnell .robertQepamail .epa .gov' Cc : McManus, Karla; Nixon, Liz Subject : VOC RACT rules 

### Hi Bob, Attached is the current draft of our VOC RACT rule, Env-A 1204, for your review . We are trying to accomplish 3 things with this rule : 1) Readopt it before it expires on 12/31/10; 

### 2) Change it from a Part to a Chapter because of its length; and3) Incorporate requirements to implement 9 of the 11 CTGs in Groups II, III, and IV. 

### Regarding item 1, state lawprovides that administrative rules expire 8 years after adoption unless readopted prior to the expiration date. ' Regarding item 2, this is basically a renumbering exercise. It also allows us to collect all of the definitions at the beginning of the chapter . Let us knowif you think that's a good or bad idea. Regarding item 3, the only CTGs we are not proposing rules for are Large Appliance Coatings and Automobile and Light Duty Truck Assembly Coatings . We will be submitting a negative declaration for both of those categories . Please note that all language proposed for deletion is struck through, and all new language is in bold italics . The only new language not associated with the 9 CTGs is found in Env-A 1203 .04 (d) & (e) relating to RACT order procedures . Almost everything else in bold italics is CTG-driven . This rule has not yet been discussed with stakeholders nor has it gone to our Air Resources Council for review . We would appreciate your input first . We do hope to have a stakeholder meeting in the second half of June, and from there begin the formal rulemaking process, which includes a public hearing and comment period . 

### Please contact either Karla (karla .mcmanusQdes .nh.gov), Liz ( elizabeth.nixon@des .nh.gov) or me if you need additional information. We would really appreciate receiving your initial comments by June 7 so that we can prepare a draft for distribution prior to the stakeholder meeting. Thanks Bob! Barbara L. Hoffman Compliance & Enforcement Programs Manager NH Dept . of Environmental Services, Air Resources Div . P.O. Box 95 29 Hazen Drive Concord, NH 03302-0095 Tel : (603)271-7874 FAX: (603)271-7053 [attachment "Env-A 1200 draft 5 .13 .10 .doc" deleted by Robert Mcconnell/Rl/USEPA/US] [attachment "Env-A 1200 for prel stkhldr rvw revised8 .4 .10.doc" deleted by Robert Mcconnell/R1/USEPA/US]