Fw: VOC RACT rules 

Robert Mcconnell to : David MacKintosh 03/08/2011 08:29 AM 

Cc: Anne Arnold 

David, Anne: I did do a preliminary review of NH's draft rules developed to meet our 2006-08 CTGs last 

year, and recall that I focused primarily on whether their proposed emission limits were consistent with the 

CTGs . My comments are below in the August 12, 2010 e-mail to Barbara Hoffman at NH-DES. Note also 

that I commented that their proposed compliance dates way out to 2016 would be an issue . . . . . . . . . . . . we 

should comment on that if they're sticking with a date that far in the future . 

Bob McConnell 

U .S. EPA, Region 1 

5 Post Office Square, Suite 100 

Mail Code OEP05-2 

Boston, MA 02109-3912 

617-918-1046 

----- Forwarded by Robert Mcconnell/R1/USEPA/US on 03/08/201108 :23 AM ----- 

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

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

Date: 10/19/2010 08:10 AM 

Subject: RE: FW: VOC RACT 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 how NH 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 new or more 

stringent limits until 1/1/16 . That will allow these sources the time 

to either obtain permits with new caps, 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 New Hampshire 

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 100 
Mail 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'm attaching 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 ; 

and 
3) Incorporate requirements to implement 9 of the 11 CTGs in 

Groups II, III, and IV . 

Regarding item 1, state law provides 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 know if 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 

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