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

## for Fine Particulate Matter (PM 2,5)

April 2008

Prepared by 

## The New

Hampshire Department of Environmental Services

_~~ NEW

HAMPSHIRE DEPARTMENT OF 

# Environmental Services

### Certification of New Hampshire's State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) for Fine Particulate Matter (PM 2,5) The purpose ofthis document is to provide the U.S. Environmental Protection Agency (EPA) with certification that New Hampshire's State Implementation Plan (SIP) for air quality meets "infrastructure"' requirements ofsections 110(a)(1) and (2) of the Clean Air Act (CAA) for fine particulate matter (PM2;) . As stated in a December 20, 2007, letter to Thomas Burack. Commissioner . New

Hampshire Department of Environmental (NHDES), fromStephen D . Page. Director, EPA Office ofAir Quality Planning and Standards. EPA expects states to make SIP submissions for PM-, ., by April 4, 2008. This certification is submitted in response to new and revised National Ambient Air Quality Standards (NAAQS) for 8-hour ozone and fine particulate matter promulgated by EPA on July 18. 1997. With respect to the revised 8-hour ozone standard. New Hampshire's certification ofSIP adequacy was contained in a previous submittal to EPAon December 14, 2007. The present certification of SIP adequacy is for the 1997 standard for fine particulate matter, (PM2,5) . 

### B ackground EPAestablished primary (health-based) standards for annual and 24-hour PM2; on the referenced promulgation date. PM2; is defined as particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. Theannual standard was set at a level of 15 micrograms per cubic meter, as determined by the 3-year average ofannual mean PM2 .; . The 24-hour standard was set at a level of 65 micrograms per cubic meter. as determined by the 3- year average ofthe 98`" percentile ofthe 24-hour concentrations . (Note: EPAsubsequently revised both the 8-hour ozone and particulate matter standards to make themmore stringent than the 1997 standards. The present submittal relates to the 1997 PM2,5standards only. SIP submittals addressing the more recent revisions to the 8-hour ozone and particulate matter standards will be dueat a later date.) In an October 2. 2007, memorandumfromWilliamHarnett, Director of EPA's Air Quality Policy Division, EPA provided guidance on SIP elements required under section 110(a)(I ) and (2) . As described in that memo. states are required to address basic SIP elements. including emissions inventories, monitoring. and modeling to assure attainment and maintenance of the standards. By statute. SIPs meeting the requirements of sections 110(a)(1) and (2) are to be submitted by states within 3 years after promulgation ofa new or revised standard. This being the case, states were required to submit such SIPs for the 1997 revised 8-hour ozone and PM-) .; NAAQS to EPA no later than July 2000 . However, intervening litigation over the 1997 revised 8-hour ozone and PM2., NAAQS created uncertainty among states about how to proceed. with the result that many states did not submit SIPs to meet the infrastructure requirements enumerated in sections 110(a)(1) and (2) . In March of 2004, Earth Justice initiated a lawsuit against EPA for failure to take action against states that had not made SIP submissions to meet the requirements of sections 110(a)(1) and (2) . On March 10 . 2005, EPA entered into a Consent Decree with Earth Justice that obligated EPAto determine by no later than March 15. 2005, whether states had made SIP submissions meeting CAA section 110(a)(2)(D)(i) relating to interstate transport. Subsequently.on April 25. 2005, EPA published in the Federal Registerl a finding that all states had failed to

submit newSIPs addressing interstate transport for the 1997 revised 8-hour ozone and PM-i_; NAAQS. The Consent Decree also obligated EPAto make a determination as to whether states had made submissions meeting the remaining requirements ofsections 110(a)(1) and (2) by December 15, 2007, for the 8-hour ozone NAAQS. and by October 5. 2008. for the PM, ; NAAQS. As 

### indicated in the Harnett memorandumofOctober 2, 2007. to the extent that existing SIPs for ozoneand particulate matter already satisfy these requirements. states need only to certify that fact to EPA

. Previous Submittals NHDES has previously made the following submittals to EPAto demonstrate compliance with CAAsections 110(a)(1) and (2) and corresponding EPAguidance: " On December 14, 2007. NHDES submitted a certification of SIP adequacy addressing the requirements ofsections 110(a)(1) and (2) for the 1997 revised 8-hour ozonestandard. " On March 11, 2008, NI-IDES submitted a SIPrevision to EPAto fulfill the requirements ofthe Finding of Failure and section 110(a)(2)(D)(i) relating to interstate transport . Current Submittal As described in theaccompanying table, the present submittal outlines how New Hampshire's programfulfills the requirements of CAAsections l 10(a)( l ) and (2) for fine particulate matter (PMZ, ;) . NHDES certifies that its State Implementation Plan already meets most of these requirements. The New Hampshire SIP was originally submitted to EPA on January 27, 1972. and has had numerous revisions since that date. New Hampshire's EPA-approved SIP, which is published in the Federal Register at 40 CFR 52 Subpart EE, explicitly fulfills most of the requirements ofsections 110(a)(1) and (2) . Other requirements ofsections 110(a)(1) and (2) are fulfilled in applicable chapters and parts fromthe New Hampshire Revised Statutes Annotated (RSA) pertaining to the duties and powers ofthe Commissioner of the Department ofEnvironmental Services (NHDES) as well as applicable chapters and parts fromthe New Hampshire Rules Governing the Control ofAir Pollution, NHAdmin. Rules Env-A 100et seq.

~ Finding qrFailtu~e toSubmit Section 110 Stale Implementation Plattsfot Inlet-state 1i~anspo-t /ot. tlte National Atnhiettt Air Qualii>> Stunclar~clsfc~r 8-Hotrr Ozone andPill, . . 70 FR 21147 (April 25. 2005) .

## Overviewof How New Hampshire's ProgramSatisfies the CAASection 110(a)(1) and (2) SIP Requirements for Fine Particulate Matter (PM 2.5)* CAA Section SIP Requirement

(Each such plan shall . . .) 

## --- New Hampshire Program ' 110(a)(2)(A) "include enforceable emission RSA 21-0 Department of Environmental Services and ! Emission limits and limitations and other control RSA 125-CAir Pollution Control . Powers of the other control measures, means, or techniques Commissioner . Regulations. Fees. General Permits. measures (including economic incentives such

as fees, marketable permits, and New Hampshire Code of Administrative Rules, auctions ofemissions rights), as Department of Environmental Services (Env-A 100- 4300) : well as schedules and timetables for The following chapters and parts have general and specific compliance as may be necessary or applicability to sources of particulate matter emissions, , appropriate to meet the applicable including NOx, SO2, and VOCs as precursors to particulate requirements of this Act," matter: i CHAPTER Env-A 300 Ambient Air Quality Standards

- Part Env-A 303 Primary and Secondary Ambient Air Quality Standards for Particulate Matter

- Part Env-A 304 Primary and Secondary Ambient Air Quality Standards forSulfur Dioxide

- Part Env-A 306 Primary and Secondary AmbientAir Quality Standards for Nitrogen Dioxide CHAPTER Env-A400 Acid Deposition Control Program, eff. 12-22-04 CHAPTER Env-A 500 Standards Applicable to Certain I New or Modified Facilities and Sources of Hazardous Air

. Pollutants, eff. 4-5-02, 12-31-05, and 4-27-07

- Part Env-A 503 New Source Performance Standards CHAPTER Env-A 600 Statewide Permit System, eff. 4-26-03, 7-28-04, and 6-8-06

- Part Env-A 606 Air Pollution Dispersion Modeling Impact Analysis Requirements

- Part Env-A 618 (formerly Env-A 622) Additional Requirements in Non-AttainmentAreas and the New Hampshire Portion of the NortheastOzone Transport Region

, ! - Part Env-A 619 (formerly Env-A 623) Prevention of ' Significant Deterioration (PSD) ofAir Quality Permit Requirements CHAPTER Env-A 700 Permit Fee System, eff. 4-26-03 and 6-26-04

- Part Env-A 702 Application Review and Modeling Fees

- Part Env-A 703 Permit ReviewFees

- Part Env-A 704 Testing and Monitoring Fees for Temporary Permits

- Part Env-A 705 Emission-Based Fee

- CONTINUED ` CAA refers to the Clean Air Act . RSArefers to the New

Hampshire Revised Statutes Annotated. Env-Arefers to New

Hampshire Code ofAdministrative Rules (NewHampshire Rules Governingthe ControlofAir Pollution) CFRrefers tothe U

.S. Code of Federal Regulations. NHDES refers to the New Hampshire Department of Environmental Services. 

### 3

### CAA Section i SIP Requirement

(Each such plan shall . . .) New Hampshire Program CONTINUED - CHAPTER Env-A 800 Testing And Monitoring Procedures, eff. 10-31-02, 12-22-04, and 4-27-07 ' - Part Env-A 802 Compliance Stack Testing for Stationary ~ Sources

- Part Env-A 803 NOx RACT Testing Requirements

- Part Env-A 804 Volatile Organic Compound Testing

- Part Env-A 805 Capture Efficiency [for VOCs]

- Part Env-A 806 Sulfur Content Testing of Fuels i

- Part Env-A 807 Testing for Opacity of Emissions

- Part Env-A 808Continuous Emission Monitoring

- Part Env-A 809Approval ofAlternate Methods CHAPTEREnv-A 1000 Prevention, Abatement, and Control of Open Source Air Pollution, eff. 3-12-03

- Part Env-A 1001 Open Burning

- Part Env-A 1002 Fugitive Dust

- Part Env-A 1003 Firefighter Instruction and Training Activities

, CHAPTER Env-A 1100 Prevention, Abatement, and I Control of Mobile Source Air Pollution, eff. 3-26-05

_ - Part Env-A 1101 Diesel And Gasoline-Powered Motor

; l Vehicles CHAPTER Env-A 1200 Prevention, Abatement, and Control of Stationary Source Air Pollution

- Part Env-A 1204 Stationary Sources ofVolatile Organic Compounds (VOCs) I - Part Env-A 1211 Nitrogen Oxides (NOx) CHAPTEREnv-A 1600 Fuel Specifications (formerly incorporated into CHAPTER Env-A400), eff. 5-29-97, 5-2-02, 4-23-05, and 4-27-07

- Parts Env-A 1604 thru 1606 Sulfur Content Limitations for Fuels

- Part Env-A 1607 Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel

- Part Env-A 1610 Compliance

- Part Env-A 1611 Oxygen-Flexible Reformulated Gasoline CHAPTEREnv-A 1900 Incinerators and Wood Waste { Burners (formerly Part Env-A 1201), eff. 2-26-05 - Part Env-A 1903 Visible Emission Standard for Incinerators and Wood Waste Burners

- Part Env-A 1904 Particulate Matter Emission Standards for Incinerators and Wood Waste Burners

- CONTINUED

### CAA Section SIP Requirement (Each such plan shall . . .) New Ham pshire Program CONTINUED- I CHAPTER Env-A 2000 Fuel Burning Devices (formerly ~ Part Env-A 1202), eff. 4-23-05

- Subparts Env-A 2002.01 thru 2002.05 Visible Emission Standards for Fuel Burning Devices and Opacity Standard for Fuel Burning Devices Subject to 40CFR 60

- Subparts Env-A 2002.06 thru 2002.10 Particulate Emission Standards for Fuel Burning Devices i CHAPTER Env-A 2100 Particulate Matter and Visible Emissions Standards (formerly Part Env-A 1203), eff. 11-24-04 , CHAPTER Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters and Investment Casting Industries (formerly Part Env-A 1205), eff. 11-24-04 CHAPTER Env-A 2500 Pulp and Paper Industry: Particulate Matter and Visible Emissions Standards (formerly Part Env-A 1206), eff. 11-24-04 CHAPTER Env-A 2600 Pulp and Paper Industry: Total Reduced Sulfur Emissions FromKraft Mills, eff. 12-9-04 CHAPTER Env-A 2700 Hot Mix Asphalt Plants (formerly Part Env-A 1207), eff. 11-24-04 CHAPTER Env-A 2800 Sand and Gravel Sources, and Cement and Concrete Sources (formerly Part Env-A 1208), eff. 11-24-04 CHAPTER Env-A 2900 Multiple Pollutant Annual Budget Trading and Banking Program, eff. 5-13-03 CHAPTER Env-A 3000 Emissions Reduction Credits Trading Program, eff. 1-21-97 CHAPTER Env-A 3100 Discrete Emissions Reduction Trading Program, eff. 1-21-97 CHAPTER Env-A 3200 NOx Budget Trading Program CHAPTER Env-A 3300 Municipal Waste Combustion, eff. 2-2-08 CHAPTER Env-A 3400 Commercial and Industrial Solid Waste Incinerators, eff. 5-2-02 CHAPTER Env-A 3500 Hospital/Medical/Infectious Waste Incineration, eff. 1-5-07 CHAPTER Env-A 3600 National Low Emission Vehicle (National LEV) Program CHAPTER Env-A 3700 NOx Emissions Reduction Fund for NOx-Emitting Generation Sources, eff. 12-20-01 and 3-26-05 CHAPTER Env-A 4000 Portable Fuel Container Spillage Control, eff. 1-9-08 CHAPTER Env-A 4100 Consumer Products, eff. 9-24-05 CHAPTER Env-A4200 Architectural and Industrial Maintenance Coatings, eff. 7-27-06 CHAPTER Env-A 4300 Other Solid Waste Incineration, eff. 1-5-07 I I l -CONTINUED~

### CAASection 

### SIP Requirement (Each such plan shall . . .) I ' New

Hampshire Program I CONTINUED - , a I NewHampshire Code of Administrative Rules, Department of Safety (Saf-C 100 - 6700) : The following chapters and parts have applicability to vehicular sources of particulate matteremissions, including NOx, S02, and VOCs as precursors to particulate matter: CHAPTERSaf-C 3200 Official MotorVehicle Inspection { Requirements, eff. 6-22-07, provides for the inspection of passengercars, trucks, combination vehicles, trailers and semi-trailers, motorcycles. farmand agricultural vehicles, antique vehicles and motorcycles, recreation vehicles, street rods, and homemade vehicles. Part Saf-C 3220 Emissions Requirements: The following subparts providefor inspection of motorvehicle components: - Saf-C 3220.01 Positive Crankcase Ventilation (PCV)

- Saf-C3220.02 Air Injection Pump/PulseAir System - Saf-C 3220.03 Inspection of Fuel System - Saf-C 3220.04 Evaporative Canister - Saf-C 3220.05 Inspection of Exhaust System I - Saf-C 3220.06 Replacement Parts CHAPTER Saf-C 5800 Roadside Diesel Opacity Inspection, eff. 1-1-99, implements a roadside heavy-duty diesel emissions testing programmandated by the New Hampshire Legislature as part 1998 NH Laws 207. The law was passed pursuant to the State's agreementwith the Federal Environmental Protection Agency on an overall clean air strategy under the provisions of the federal Clean Air ActAmendments of 1990 . The rules apply to all diesel powered motor vehicleswith a manufacturer's gross vehicle weight rating of 10,000 pounds or more and all dieselpowered buses manufactured to carry 25or more passengers, whether these vehicles are registered in New Hampshire or anotherjurisdiction. 110(a)(2)(B) "provide for establishment and 40CFR Part 58AmbientAir Quality Surveillance: Ambient air quality operation of appropriate devices, In accordance with this part, NHDES submitted a monitoring/data methods, systems, and procedures comprehensive air quality monitoring plan to EPAon July 17, system necessary to - 2007. The latest annual air monitoring network plan was

(i) monitor, compile, and analyze also submitted to EPAon July 17, 2007 with the data on ambient air quality, and comprehensive air quality monitoring plan. NHDES collects

make such data (ii) upon request and reports ambient air qualitydata for 03, S02, N02, Pb, CO,

, available to the Administrator;" PM,o and PM2,5 . The data are reviewed and validated before being sent to the EPAair quality systemAQS, no later than 90days after the end ofa calendar quarter. RSA 125-C

:6 Powers and Duties of the Commissioner : - RSA 125-C:6, IV authorizes the Commissioner to collect i and disseminate the results ofstudies relating to air quality. - RSA125-C:6, Vauthorizes the Commissioner to consult and cooperate with agencies of the federal government. RSA125-C:6, XVI authorizes the Commissioner to establish an airquality monitoring equipment replacement programto provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the I reliability and accuracy of the network equipment.

### CAA Section SIP Requirement (Each such plan shall . . .) New Hampshire Program I 110(a)(2)(C) ~ "include a programto provide for the RSA 125-C:4 Rulemaking Authority; Subpoena Power: ! = Programfor enforcement of the measures - RSA 125-C:4, I authorizes rulemaking to control ' i enforcement of described in subparagraph (A), and emissions and establish a permit program . ~ control measures regulation of the modification and

construction ofany stationary i RSA 125-C:11 Permit Required provides for a permit , source within the areas covered by program, permits with enforceable emission limits, and , the plan as necessary to assure that , emission control measures, national ambient air quality 4 RSA 125-C:15 Enforcement : ' standards are achieved, including a - RSA 125-C:15, I authorizes NHDES to issue orders to ' permit programas required in parts correct violations RSA125-C. Cand D ;" - RSA 125-C :15, I-b, II, 111 and IV providefor penalties for '' violations of RSA 125-C . These statutes establish legal authority for the enforcement of New Hampshire Rules Governing the Control ofAir Pollution (Env-A 100- 4300) . 110(a)(2)(D) "contain adequate provisions - Revision to the New HampshireState Implementation Plan: Interstate transport (i) prohibiting, consistent with the On March 11, 2008, NHDESsubmitted a SIP revision to EPA

provisions ofthis title, any source addressing interstate air pollution transport to fulfill the or other type of emissions activity requirements of CAAsection 110(a)(2)(D)(i) . within the State fromemitting any air pollutant in amounts which will RSA 125-C:6. XVand Part Env-A 619 address the (I) contribute significantly to prevention of significant deterioration (PSD) of ambient air quality in relation to interstate transport of pollutants and nonattainment in, or interfere protection of airquality in Class I international parks - see with maintenance by, any other programdescription for CAAsection 110(a)(2)(J) . State with respect to any such national primary or secondary 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 compliance with the applicable; requirements of sections 126 and 115 (relating to interstate and international

i pollution abatement) ;"

### CAASection SIP Requirement (Each such plan shall . . .) New Hampshire Program 110(a)(2)(E) "provide - RSA 125-C:6 Powers and Duties of the Commissioner , I Adequate (i) necessary assurances that the authorizes the NHDES Commissioner to enforce the state's I resources State (or, except where the air laws, establish a permit program, accept and administer

Administrator deems inappropriate, grants, and exercise all incidental powers necessary to carry the general purpose local out the law . government or governments, or a RSA 125-C:12 Administrative Requirements authorizes regional agency designated by the the Commissioner to collectfees to recover the costs of State or general purpose local reviewing and acting upon permit applications and enforcing governments for such purpose) will the terms of permits issued. have adequate personnel, funding, and authority under State (and, as The State of NewHampshire Air Quality Implementation appropriate, local) lawto carry out Plan, as originally submitted on January 27, 1972, and such implementation plan (and is subsequently amended, describes the existing organizations, not prohibited by any provision of manpower, funding, and physical resources to carry out the plan. , Federal or State law

fromcarrying RSA 21-0:11 Air Resources Council establishes the NH i out such implementation plan or Air Resources Council, a state board that has the authority to j portion thereof), hearenforcement and permit appeals. The Council consists (ii) requirements that the State comply of 11 members, 6of whommust represent the public with the requirements respecting interest. Those representing the public interest may not ! State boards under section 128, and derive any significant portion of their income frompersons

(iii) necessary assurances that, subject to permits or enforcement orders, and may not serve where the State has relied on a as attorney for, act as consultant for, serve as officer or local or regional government, director of, or hold any otherofficialorcontractual relationship agency, or instrumentality for the with any person subject to permits or enforcement orders. implementation ofany plan provision, The State of New Hampshire does not rely on any local or the State has responsibility for regional government, agency, or instrumentality for the ensuring adequate implementation implementation ofany provision of the SIP.

f i ofsuch plan provision;"

i

### CAA Section SIP Requirement (Each such plan shall . . .) ~ New Hampshire Program ' 110(a)(2)(F) "require, as may be prescribed by RSA 125-C:6 Powers and Duties of the Commissioner Stationary source the Administrator - authorizes the Commissioner to require owners or operators emissions (i) the installation, maintenance, and of stationary sources to install, maintain, and use emission monitoring and replacement of equipment, and the monitoring devices and to make periodic reports to the reporting implementation of other necessary Commissioner on the nature and amounts of emissions from by owners or operators of steps such stationary sources. The Commissioner shall have the , stationary sources to monitor authority to make such data available to the publicandtorequire emissions fromsuch sources, as necessarycorrelation withany applicableemission standards. (ii) periodic reports on the nature CHAPTER Env-A 800Testing and Monitoring Procedures, and amounts ofemissions and eff. 10-31-02, 12-22-04, and 4-27-07, establishes minimum emissions-related data fromsuch testing and monitoring procedures, calculation procedures, sources, and standards, and requirements in order to determine (iii) correlation of such reports by compliance with applicable state and federal statutes and the State agency with any emission rules. Applicable parts include: limitations or standards established - Part Env-A802 Compliance Stack Testing for Stationary pursuant to this Act, which reports Sources shall be available at reasonable - Part Env-A803 NOx RACTTesting Procedures times for public inspection;" - Part Env-A 804 Volatile Organic Compound Testing - Part Env-A805 Capture Efficiency [for VOCs] - Part Env-A806 Sulfur Content Testing of Fuels - Part Env-A 807 Testing for Opacity of Emissions - Part Env-A808 Continuous Emission Monitoring - Part Env-A809 Approval ofAlternate Methods CHAPTER Env-A 900Owner or Operator Recordkeeping and Reporting Obligations, eff. 4-21-07, establishes the requirementthat records be kept at sources which discharge air pollutants sothat the emissions of such pollutants may be readily calculated or estimated and reported to NHDES for the purposes ofdemonstrating compliance, compiling emission inventories, and developing air related strategic ~ plans. Applicable parts include: ii - Part Env-A902 Availability of Records - Part Env-A903 General Recordkeeping Requirements - Part Env-A904 VOC Emission Statements Recordkeeping Requirements - Part Env-A905 NOx Emission Statements Recordkeeping Requirements

- Part Env-A906 Additional Recordkeeping Requirements - Part Env-A907 General Reporting Requirements - Part Env-A908 VOC Emission Statements Reporting Requirements - Part Env-A909 NOx Emission Statements Reporting Requirements - Part Env-A 910 Additional Reporting Requirements - Part Env-A 911 Recordkeeping and Reporting Requirements for Permit Deviations - Part Env-A 912 Alternative Time Periods Subpart Env-A 902.01(d) reads: "Subject to Env-A 103, all data submitted to the division, including emission data and applicable emission limitations, shall be made available to the public." Env-A 103 provides a mechanismby which a person whosubmits information to the director can protect confidential information, to the extent permitted under RSA 125-C :6, VII . Under RSA 125-C :6, VII, emission data is not considered confidential information.

### SIP Requirement

CAASection 

### (Each such plan shall . . .) New Hampshire Program 110(a)(2)(G) "provide forauthority comparable to RSA125-C :4 Rulemaking Authority; Subpoena Power: Emergency power that in section 303and adequate ' - RSA 125-C

: 4, I states in part: "The commissioner shall adopt contingency plans to implement such rules under RSA541-A, relative to : . . (c) procedures to meet authority;" air pollution emergencies, as authorized by RSA125-C :9." RSA 125-C:9 Authority of the Commissioner in Cases of Emergency states: "Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protectthe public health, welfare, or safety, he may with consent i of the governor and council issue an orderreciting the existence of such an emergency and requiring that such action be taken ! ~ as he deems necessary to meet the emergency . Such order j shall be effective immediately. Any person towhom such an order is directedshall comply therewith. Thecommissioner shall rescind or abate such order as soon as the emergency ceases to exist." Note: Based on EPAguidance issued March 24, 2008, and PMz5 levels recorded in the state, New Hampshire will notbe required to submit an emergency episode plan for PMZ5. 110(a)(2)(H) "provide for revision of such plan - { RSA125-C :6 Powers and Duties of the Commissioner Future SIP (i) fromtime to time as may be states: "In addition to theother powers and duties granted revisions necessaryto take accountof revisions of herein, the commissioner shall have and may exercise the such national primaryor secondary following powers and duties:. .. 11. Developing a comprehensive ambient air quality standard or the programand provide services for the study, prevention and availability of improved or more abatement of airpollution. . ." expeditious methods of attaining such standard, and In addition to this legal authority, CHAPTER Env-A 200 (ii) except as provided in paragraph Procedural Rules, Part Env-A 204 Public Hearings on the whenever theAdministrator (3)(C) State Implementation Plan provides procedures for State , finds on the basisof information Implementation Plan hearings. available tothe Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise complywith anyadditional requirements established underthis Act;" 110(a)(2)(J) "meet the applicable requirements of RSA 125-C:6 Powers and Duties of the Commissioner Consultation with section 121 (relating to states: "in addition to the other powers and duties granted government consultation). . . . herein, the commissioner shall have and may exercise the officials following powers and duties: . . . V . Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and otheraffected agencies or groups in matters relating to airquality ; VI . Encouraging local units to promote cooperation by the people, political subdivisions, industries, 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. 6oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279

.11, table 1 ;. . Xlli . Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to planor implement programs for the control and abatement of airpollution. . ." -CONTINUED 10

### CAA Section SIP Requirement (Each such plan shall . ..) New Hampshire Program ' CONTINUED - ' i CHAPTER Env-A 600Statewide Permit System : ',

- Part Env-A621 Permit Notice and Hearing Procedures: 'I ! Temporary Permits and Permits to Operate (formerly ' incorporated into CHAPTEREnv-A 208) specifies the public i notice and hearing procedures that apply toall applications forthe issuance of, amendment to, or denial of temporary permits and permits to operate. - Part Env-A 622 Permit Notice and Hearing Procedures : TitleVOperating Permits (formerly incorporated into CHAPTER Env-A 200) specifies the public notice and hearing procedures that applyto all applications forthe issuance, significant modification to or renewal of Title V operating permits files with the department and all requests forTitle Voperating permit re-openings. CHAPTER Env-A 1500Conformity provides for consultation with local agencies and planning commissionswith respectto transportation conformity and the conformity of federal actions related to transportation projects. 110(a)(2)(J) Public "meet the applicable requirements RSA125-C:6 Powers and Duties of the Commissioner notification of. . .section 127 (relating to public states: "In addition tothe other powers and duties granted notification), . . ." herein, the commissioner shall have and may exercise the following powers and duties: . . . IV . Collecting and disseminating the results of studies relating toair quality; V . Advising, consulting, and cooperating with the cities and townsand other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to airquality; VI . Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state . . ." RSA125-C

:12Administrative Requirements states: ". . . II . The commissioner shall act upon a permit application within a reasonable period of time. Prior tosuch 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 fora hearing to interested persons . The requirement of public notice and hearing shall not apply to such devices or sources thatwill 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 forsuch devices or sources. III . Any person aggrieved by the decision of thecommissioner granting or denying a permit application may within 10days of the decision file an appeal with the air resources council . The air resources council shall hold a hearing on any such appeal promptly, and shallthereafter issuea decision upholding, modifying or abrogating thecommissioner's decision. . ." In implementing this authority, NHDES issues press releases in i advance of bad PMz5 and ozone days. NHDES also posts warnings on its website, advising people what they can do help prevent NAAQS exceedances and avoid adverse health effects of poor quality air days. 11

### CAASection SIP Requirement i I New Hampshire Program 

### (Each such plan shall . . .) 110(a)(2)(J) "meet the applicable requirements RSA 125-C:6 Powers and Duties of the Commissioner PSDand visibility of. . . part C(relating to prevention of states: "In addition to the other powers and duties granted Protection significant deterioration ofairquality herein, the commissioner shall have and may exercise the

and visibility protection) ;" following powers and duties . i XV. Implementing a programof prevention of significant ; ~ deterioration of ambient air quality by establishing air quality ; increments limiting the maximumallowable increases in the

, amounts of air pollutants provided such increments are not less stringent than those specified in the Clean Air Act and amendments thereto, and in regulations promulgated thereunder-, . . " CHAPTEREnv-A 600 Statewide Permit System, Part EnvA 619 (formerly Env-A 623) Prevention of Significant Deterioration (PSD) ofAir Quality Permit Requirements addresses the prevention of significant deterioration of air quality and visibility protection, in compliance with the requirements of 40CFR51 .166, 40CFR 52.21 and RSA-125-C . 110(a)(2)(K) "provide for - CHAPTER Env-A 600Statewide Permit System, Part EnvAirquality (i) the performance of such air A 606 Air pollution Dispersion Modeling Impact Analysis modeling/data quality modeling as the Requirements, eff. 4-26-03, specifies the air pollution

Administrator may prescribe for the dispersion modeling impact analysis requirements that shall purpose of predicting the effect on apply to owners and operators ofcertain sources and ambient air quality ofany emissions devices in order to demonstrate compliance with the New ofany air pollutant for which the Hampshire State Implementation Plan, RSA 125-C, RSA Administrator has established a 125-I, and any rules adopted thereunder. national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator ;" 110(a)(2)(L) "require the owner or operatorof RSA 125-C:4 Rulemaking Authority; Subpoena Power Permitting fees each major stationary source to pay states: "I . The commissioner shall adopt rules under RSA to the permitting authority, as a 541-A, relative to: . condition ofany permit required under (i) Fees for permit application and review, as authorized by this Act, a fee sufficient to cover- RSA 125-C:12, IV . . ." (i) the reasonable costs of reviewing and acting upon any application for RSA125-C :12Administrative Requirements states: such a permit, and " . . . IV . As a condition ofany permit required, the (ii) if the owner or operator receives commissioner may require payment of a fee to cover the a permit for such source, the reasonable costs of reviewing and acting upon the ~ reasonable costs of implementing application for a permit and of implementing orenforcing the 1 and enforcing the terms and terms and conditions of a permit. The applicant shall pay any conditions ofany such permit (not cost or expense associated with public notices or including any court costs or other notifications in the permit process. The commissioner shall ; costs associated with any adopt rules relative to a fee schedule for applicants and the

enforcement action), until such fee collection of fees under the schedule. All fees and monetary requirement is superseded with grants, gifts, donations, or interest generated by these funds respect to such sources by the shall be deposited with the state treasurer in a special Administrator's approval of a fee nonlapsing fund to be known as the air resources fund and programunder title V

;" shall be continually appropriated to the department for the

administration of this chapter.

- CONTINUED 

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### CAA Section SIP Requirement (Each such plan shall . . .) New Hampshire Program I

. i CONTINUED - j l V. As a condition of any permit to operate under RSA 125- ; C:11, I-a, the commissioner may require payment of a fee to ! cover the reasonable costs of reviewing and acting upon the application for a permitto operate, permit renewal, and permit modification of an affected source, and of ( implementing orenforcing the terms and conditionsofan affected source permit, The applicant shall pay any cost or expense associated with public notices or notifications in the permit process. The commissioner shall adopt rules relative ~ to a fee schedule for applicants and the collection of fees I unde;, the schedule. Funds collected by the commissioner I underthis paragraph frompermit fees 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 systemof permitting for the construction, operation, or modification ofany new or existing affected source." CHAPTER Env-A 700 Permit Fee System : The purpose of this chapter is to establish a fee systemrequiring the payment of fees to cover the reasonable direct and indirect costs of: reviewing and acting upon applications for the issuance of, amendment to, modification to, renewal of, or any combination of the foregoing actions to a temporary

. permit, state permitto operate, or Title Voperating permit; implementing and enforcing the terms and conditions of any temporary permit, state permitto 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 emission fee programfor Title Vand nonTitle Vsources. 110(a)(2)(M) "provide for consultation and RSA 125-C:6 Powers and Duties of the Commissioner Consultation and participation by local political states: "In addition to the other powers and duties granted participation by subdivisions affected by the plan." herein, the commissioner shall have and may exercise the affected local following powers and duties: . . . entities V. Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and otheraffected 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 controlling air pollution in the state; ' VI-a. Encouraging the recycling ofwaste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists of at least 90 percent virgin No. 6oil ; and the remainder complying with the used fuel oil specifications in 40CFR, section 279.11, table 1 ; . . . XIIL 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. . ." I 

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