M fu~ 

'APR .2 2 2011 

COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2011-27 

1 . Agency Name & Address : 

Department of Environmental Services 

29 Hazen Drive _ 

P.0. Box 95 

Concord, NH 03302-0095 

Rule Number 

2. RSA Authority: 

3 . Federal Authority : 

4. Type of Action: 

® Adopt 

J11 -7 

Env-A 1200 (currently Env-A 1204) 

RSA 125-C:4, I(a) & (d) 

42 U.S .C. 7410, 7502(c), & 7511 c 

(] Amendment 

, [] Repeal 

® Readoption 

® Readoption w/amendment 

5. Short Title : Volatile Organic Compounds (VOCs) Reasonably Available, Control Technolo gy (RACT) 

6. Contact person for copies and questions : 

Name: Barbara Hoffman 

Address: Dept. of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Compliance & Enforcement Programs 

Manager 

Phone #: 271-7874 

7 . Yes E3 No ® Agency requests Committee legal counsel review and delayed Corrunittee review pursuant 

to RSA 541-A:12, I-a 

8. The rulemaking notice appeared in the Rulemakine Register on March 4, 2011 . 

SEETHE INSTRUCTIONS--PLEASE:SUSMIT 2 COPIES OF THIS COVER SHEET 

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9 . The "Final Proposal Fixed Text", including the cross-reference table required by RSA 541-A:3=a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority . 

11 . Yes [] N/A ® 

12. Yes ® N/A [] 

'13 . Yes 0 N/A ® 

Incorporation by Reference Statement(s) because this rule incorporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:12, III . . 

The "Final Proposal-Annotated Text" indicating how the proposed rule was changed 

because the text of the rule changed from the Initial Proposal pursuant to RSA.541-

A:12, II(e) . 

The amended fiscal impact statement because the change to the text of the Initial 

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, 

V1. 

PW gfta._4 .~.~;a-d L- 
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Change the heading for CHAPTER Env-A 1200 as follows ; 

CHAPTER Env-A 1200 VOLATILE OROANIC COMPOUNDS (VOCs) REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (RACT) 

Statutory Authority : RSA 125-C:4, RSA 125-C:6, II, XIV, RSA 125-C:11, l, RSA 1,25-C:12, IV 

Insert a heading for PART Env-A 1201 as follows: 

PART Env-A 1201 PURPOSE AND APPLICABILITY 

Readopt with anTen~rnent Env-A 1204.01 and Env-A 1204.02, eff. 12-31-10 (doc. #9838, Interfm), and . 

renumber as Env-A 1201.01 through Env-A 1201.04, to read as follows: 

Env-A 1201 .01 Puraose . The purpose of this chapter is to establish requirements for the 

'implementation of reasonably available control technology (RACT) on certain stationary sources located 

in New Hampshire which emit volatile organic compounds (VOCs), as required to comply with sections 

172(c)(1) and l82(b)(2) of the Act. 

J 

Env-A 1201 .02 Effect on Prior Rules. The requirements in Env-A 1200, as effective in 2011, shall 

not relieve any source that was subject to any previous version of Env-A~ 1204 from its obligation to have 

been in compliance with applicable rules as then in effect. 

Env-A 1201 .03 ,A_pplicabilitv . 

(a) This chapter shall apply to processes and devices in the following stationary source categories 

which emit or have the potential to emit the threshold amounts of VOCs specified in thP cited part: 

(1) Metal can coating, Env-A 1206; . 

(2) Paper, fabric, film, and foil substrates coating, Env-A 1207 ; 

(3) Vinyl or urethane substrate coating, Env-A 1208; 

(4) Metal furniture coating, Env-A 1209; 

(5) Magnetic wire insulation coating, Env-A 1210; 

(6), Metal coils coating, Env-A 1211 ; . . 

(7) Miscellaneous metal parts and products coating, Env-A 1212; . 

(8) Miscellaneous plastic parts and products coating, Env-A 1212; 

(9) Wood furniture, burial caskets, and gunstock coating, Env-A 1213;. 

(10) Flat wood paneling coating, Env-A 1214; 

(11) Rotogravure and flexographic printing, Env-A 1215; 

(12) Offset lithographic and letterpress printing, Env-A 1216; 

(13) Fixed-roof VOL storage tanks, Env-A 1217 .Ol .and Env-A 1217.02; 

(14) External floating roof tanks, Env-A 1217 .04 and Env-A 1217.05; 

(15) Bulk gasoline loading terminals, Env-A 1217.08 and Env-A 1217.09;~ 

(16) Bulk gasoline plants, Env-A 1217.11 and Env-A 1217.12; 

(17) Cutback and emulsified asphalt, Env-A 1218; 

(1 .8) Fiberglass boat manufacturing, Env-A 1219; 

(19) Miscellaneous industrial Whesives, Env-A 1220; 

(20) Industrial cleaning solvents, Env-A 1221 .06 

(21) Solvent metal cleaning, Env-A 1221 .01 through Env-A 1221 .04;~; 
FP 2011-27 Fixed Text 04-22-11 2 

(22) Miscellaneous stationary VOC sources, Env-A 1222; and 

(23) Multicategory stationary VOC sources, Env-A 1222. 

(b) Any stationary source that first becomes subject to the requirements of a source category listed in 

(a), above, after the 2011 effective date of this chapter, whether through new source construction or 

modification of an existing source, shall meet those requirements upon startup of the new or modified 

source . 

(c) Once a stationary source becomes subject to the requirements of a source category listed in (a), 

above, the source shall remain subject to those requirements even if its emissions later fall below the 

relevant RACT applicability threshold. 

(d) This chapter shall apply to any person who sells or offers for sale any solvent for use in a cold 

cleaning machine. . 

Env-A 1201 .04 Exemptions, Conditions. 

(a) Any source with coating, printing, or miscellaneous devices or processes that meets or exceeds 

the relevant RACT applicability criteria in Env-A 1206.01, Env-A 1208.01, Env-A 1210.01, Env-A 

1211 .01, Env-A 1213.01, Env-A 1215.01, or Env-A 1222.01, or that are unclassifiable, shall be exempt 

from the applicable compliance requirements in this chapter only if all of the following conditions are met: 

(1) The source accepts an enforceable permit containing restrictions that limit the combined 

actual VOC emissions during any consecutive 12-month period from all process operations 

associated with a specific classifiable process or device to below the relevant applicability 

threshold for that classifiable process or device ; 

(2) The source has been and remains in full compliance with the conditions of the permit since 

the date of issuance or the terms of any consent decree entered into by the division or by EPA, or 

pursuant to any court order; 

(3) The actual VOC emissions of the source, or from all operations associated with the 

applicable VOC category, have not exceeded the relevant RACT applicability threshold in any 

calendar year since May 31, 1995 ; 

(4) The enforceable permit contains testing provisions as necessary to demonstrate compliance 

with permit restrictions, pursuant to Env-A 800; and 

(5) The enforceable permit contains recordkeeping and reporting provisions as necessary to 

demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and 

Env-A 908, respectively . 

(b) If a classifiable process or device that was not subject to this chapter prior to the 2011 effective 

date of this chapter, meets or exceeds the applicability threshold for its VOC category as specified in EnvA 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 

1219.01, Env-A 1220.01, or Env-A 1221 .06 on the 2011 effective date of this chapter, the classifiable 

process or device shall be exempt from the applicable compliance provisions only if all of the following 

conditions are met: . 

(1) The owner or operator files an application for a permit or permit modification within one 

year after the 2011 effective date of this chapter; 

(2) The owner or operator accepts an enforceable permit containing restrictions that limit the 

combined actual VOC emissions during any consecutive 12-month period from all process 
FP 2011-27 Fixed Text 04-22-11 60 

a. The device shall be capable of measuring 500 mm, equivalent to 20 in ., of water gauge 

pressure with a precision of +2" 5 mm, equivalent to +0,098 in. ; and 

b. The device shall be calibrated and installed on the bulk gasoline plant vapor balance system at 

a pressure tap that is located as close as possible to the connection with the gasoline tank truck; 

(6) No pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin 

to open at : 

a. A system pressure of less than 450 mm, equivalent to 18 in ., of water; or 

b" A vacuum of less than 150 mm, equivalent to 5.9 in ., of water; 

(7) Loading of liquid product into gasoline tank trucks shall be limited to vapor-tight tank 

trucks; 

(8) At least once each calendar month, the vapor balance systems required by (b), above, and 

each loading rack used in loading gasoline tank trucks shall be inspected by visual, sound, or 

odor detection methods for liquid or vapor leaks during product transfer operations; and 

(9) Each detection of a leak shall be recorded and the source of the leak repaired within 16 

calendar days after it is detected . 

Add a heading for PART Env-A 1218 as follows: 

PART 1218 CUTBACK AND EMULSIFIED ASPHALT 

f 

Edit. Technically, this is incorrect as portions 

of the rule have been moved and renumbered . 

e 12-31-10 (doc, #9838r Interim and renumber as Env-A :~?~NOII~`R`~'f~f{?~?? 

1218.01 and Env-A 1218.02, to read as follows: 

Env-A 1218 .01 Applicability Criteria for Cutback and Emulsified Asphalt. A source using cut-back 

asphalt or emulsified asphalt in the paving of public roads or highways shall comply with the requirements 

of this part. 

Env-A 1218.02 Compliance Standards for Cutback and Emulsified Asphalt. 

(a) Cutback asphalt shall not be used in the paving and maintenance of public roads and highways 

during the months of June through September with the following exceptions: 

(1) The use of medium curing cutback aslihalts solely as penetrating primecoat for aggregate 

bases prior to paving; 

(2) The use of medium curing cutback asphalts for the manufacture of long-term storage or 

stockpiling of patching mixes used in pavement maintenance; or 

(3) The use of cutback as halts for which the user can demonstrate, in accordance with (b), 

below, that minimal emissions shall occur under conditions of normal use. 

(b) For a cutback asphalt user seeking n application errnit during the months of June through 

EWER, 

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:!'t. ~~ ~~w ~ ..v..,.).,~1"! . ~ d7;~,.~~x5."~.a,.~3~..~ ~~"""~ 

to and including 26, q See comment on next page. 

showing that less th 5% of the totai solvent has evaporated at temperatures up 

0°C e uivalent to 500°F. 

(c) Emulsified asphalt used in the paving and maintenance of public roads and highways shall 

contain no petroleum solvents except for uses and with a maximum solvent content (MSC) as follows : 

1 

(1) For use as seal coats, the MSC shall be 3%; 
Appears to require an Incorp . by reference statement pursuant to RSA 541-A:12, III . 

Although stated Indirectly (by the phrase "acceptable demonstration . ., shall be"), the 

requirement that the data be submitted In accordance with ASTM D402-97 Is lust as 

much a rule as Is the requirement that the results show that less than 5% of the total 

solvent has evaporated. Approved by the Committee In 2002 without IRS. 

FP 2011-27 Fixed Text 04-22-11 61 

Applles to (b) above, and (c)(3) below. 

(2) For use as chip seals when dusty or dirty aggregate is used, the MSC shall be 3%; 

ks) ror use as seai coats or chip seals when good article coatin annot be attained with 

emulsions containing 3% or less solvent, by wei ht, 

OR, 

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01S. 

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~», %b !ci~,'s~~ ~..- . s ~~ ~ ro.ug~:~.=~s by the New Hampshire department of trarisportation (NHDOT) or an independently owned 

laboratory designated by the NHDOT, the MSC shall be 5%; 

(4) For use as mixing with open graded aggregate that is not well washed, the MSC shall be 8%; or 

(5) For use as mixing with dense graded aggregate, the MSC shall be 12% . 

Adopt PART Env-A 1219 to read as follows: 

PART 1219 FIBERGLASS BOAT MANUFACTURING 

Env-A 1219.01 Annlicabilty Criteria for Fiberglass Boat Manufacturing Materials . 

(a) On and after January 1, 2016, a source whose fiberglass boat manufacturing operations have 

combined actual emissions, before controls, during any consecutive 12-month period, which equal or 

exceed 3 tons of VOCs from the use of gel coats, resins, and materials used to clean application 

equipment, shall be subject to the provisions of this part . 

(b) This part shall not apply to the following: 

(1) Any facility that solely manufactures parts of boats, such as hatches, seats, or lockers, or 

boat trailers, but does not manufacture hulls or decks of boats from fiberglass or build molds to 

make fiberglass boat hulls or decks; 

(2) Surface coating applied to fiberglass boats and metal recreational boats or pleasure crafts ; and 

(3) Industrial adhesives used in the assembly of fiberglass boats, with the exception of polyester 

resin putties used to assemble fiberglass parts, which are not considered adhesives for the purpose 

of this chapter, 

Env-A'1219.02 Control Options for Fiberglass Boat Manufacturing Materials . Except as specified in 

Env-A 1219 .05, the owner or operator of a fiberglass boat manufacturing facility subject to this part shall 

limit VOC emissions from molding operations other than closed molding by one or more of the following 

control options : 

(a) Control option 1 shall consist of using resins and gel coats that meet the applicable individual 

monomer VOC content limits as specified in table 1219-1, below: 

Table 1219=1 Compliant Materials Monomer VOC~Content Limits for Open Moldin¢ Resin and Gel Coat 

Material Used Application Method Weighted Average Monomer VOC Content Limit 

in weight percent) 

Production resin Atomized (spray) 28 

Production resin Nonatomized . 35 

Pigmented gel coat Any method 33 

Clear gel coat Any method 48 

Tooling resin Atomized ' 30 

Tooling resin Nonatomized 39 

Tooling gel coat Any method 40