M fu~ 

# 'APR .2 2 2011 COVERSHEET 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. RSAAuthority: 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, 750

2(c), & 7511c (] Amendment

, [] Repeal ® Readoption ® Readoption w/amendment 5. Short Title: Volatile Organic Compounds (VOCs) Reasonably Available, Contr ol Technology ( 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 reviewand delayed Corrunittee reviewpursuant 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 COVERSHEET

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-~

Change the headingfor CHAPTER Env-A 1200asfollows ; CHAPTER Env-A 1200 VOLATILE OROANICCOMPOUNDS (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 asfollows: 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~ 1204fromits 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 fromall process operations associated with a specific classifiable process or device to belowthe 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 fromall operations associated with the applicable VOCcategory, 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 ofthis chapter, the classifiable process or device shall be exempt fromthe 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 VOCemissions during any consecutive 12-month period fromall 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 vacuumrelief 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 vacuumof 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, thevapor 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 asfollows: PART 1218 CUTBACK ANDEMULSIFIED 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 asfollows: 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 mediumcuring cutback aslihalts solely as penetrating primecoat for aggregate bases prior to paving; (2) The use of mediumcuring cutback asphalts for the manufacture of long-termstorage 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 ofJune through

EWER, i . S+" n " : "" nTtr : ; September 

## , "I'M

' ;~e . oti~tfi

~ ',$/, Lon~8"r " ., . ; .lrn, ",1;~, w~x, ; -a: r. : . 

## :r "rz _ ~

## ,a ~a- i~t

~". 

## ' Q 

## ~ d~fh~ran~7td"~t ii" R^k" } ~7 " . C .T: "Fr .1 ~ r: 9' d : .( d' N~d 9T'~ o :f, " ~ ~~,3~ "' F ,~ t'+F :~ t 't' ~ ~ r i~~"%

.~ "r~:~fi,C :?~ .3~ 

### ~h:~~ 0. ~~ ~~""" ~ :!'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 sol vent 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 showthat 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 MSCshall 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 

## , ~P' ~ t n!

. ~ . ,'!~~ ~~~' T~:~l.) 0 1S 

## . ' ~~! 

## %b !ci~,'s~~

. ~~ ~ ~», ~

..- s ro .ug~:~.=~s by the New

Hampshire department oftrarisportation (NHDOT) or an independently owned laboratory designated by the NHDOT, the MSCshall be 5% ; (4) For use as mixing with open graded aggregate that is not well washed, the MSCshall be 8% ; or (5) For use as mixing with dense graded aggregate, the MSC shall be 12% . 

### Adopt PART Env-A 1219 to read asfollows: 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 fromthe use of gel coats, resins, and materials used to clean application equipment, shall be subject to the provisions ofthis part . (b) This part shall not apply to the following: (1) Anyfacility that solely manufactures parts of boats, such as hatches, seats, or lockers, or boat trailers, but does not manufacture hulls or decks ofboats 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 ofthis 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 wei ght 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