MEMORANDUM

Date: March 10, 2011 SUBJECT: Technical Support Document (TSD) for the New Hampshire Submittal to Fulfill the Requirements for 1997 8-hour Ozone National Ambient Air Quality Standard Infrastructure Portion ofthe Clean Air Act Under Section 110(a)(2) FROM : Richard P. Burkhart (t ( ~ THRU : Anne Arnold, Chief ~9_C 4, Air Quality Planning Unit TO : Docket for New Hampshire Section 110 Ozone Infrastructure Submittal (EPA-RO1- OAR-2008-0642) What is the Background for this Action? On July 18, 1997, EPApromulgated revised National Ambient Air Quality Standard (NAAQS) for ozone based on 8-hour average ozone concentrations . The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from0 .12 parts per million (ppm) to 0 .08 ppm . (See 62 FR 38856

.) The CleanAir Act (CAA) requires State Implementation Plans (SIPs) meeting the requirements ofsections 110(a)(1) and (2) be submitted by states within 3 years after promulgation of a new or revised standard. Sections 110(a)(1) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the standards. States were required to submit such SIPs for the 1997 standards to EPAno later than June 2000 . However, intervening litigation over the 1997 8-hour ozone standards created uncertainty about how to proceed and certain States did not provide the required "infrastructure" SIP submission for this newly promulgated standard. Section 110(a) imposes the obligation upon States to make a SIP submission to EPAfor a new or revised NAAQS, but the contents ofthat submission mayvary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the State develops and submits the SIP for a new or revised NAAQS affects the content of the submission. The contents of such SIP submissions may also vary depending upon what provisions the State's existing SIPalready contains. In the case of the 1997 8-hour ozone NAAQS, States typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with previous ozone standards.What is a Section 110(a)(1) and (2) SIP? Sections 110(a)(1) and (2) of the CAArequire, in part, that states submit to EPAplans to implement, maintain and enforce each ofthe NAAQS promulgated by EPA . EPAinterprets this provision to require states to address basic SIPrequirements including emission inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards. By statute, SIPs meeting the requirements ofSections 110(a)(1) and (2) are to be submitted by States within three years after promulgation of a new or revised standard. These SIPs are commonly called infrastructure SIPs . On March 4, 2004, EarthJustice submitted anotice of intent to sue related to EPA's failure to issue findings offailure to submit related to the "infrastructure" requirements for the 1997 8-hour ozone standards. EPAentered into a consent decree with EarthJustice which required EPA, among other things, to complete a Federal Register notice announcing EPA's determinations pursuant to section 110(k)(1)(B) as to whether each State has made complete submissions to meet the requirements of section 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPAreceived an extension of the date to complete this Federal Re ister notice until March 17, 2008, based upon agreement to make the findings with respectto submissions made by January 7, 2008. In accordance with the consent decree, EPA made completeness findings for each state based upon what the Agency received fromeach state as ofJanuary 7, 2008. On March 27, 2008, EPA published a final rulemaking entitled, "Completeness Findings for Section 110(a) State Implementation Plans; 8-hour Ozone NAAQS," making a finding that each State had submitted, or failed to submit, a complete SIPthat provided the basic program elements of section 110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. (See 73 FR 16205.) For those States that did receive findings, the findings offailure to submit for all or a portion of a State's SIPestablished a 24-month deadline for EPAto promulgate a Federal Implementation Plan (FIP) to address the outstanding SIPelements unless, prior to that time, the affected States submit, and EPA approves, the required SIPs. However, the findings offailure to submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for imposing sanctions as described in section 179 of the CAA, because these findings do not pertain to the elements contained in the Title I part Dplan for nonattainment areas as required under section 110(a)(2)(1) . Additionally, the findings of failure to submit for the infrastructure submittals is not a SIPcall pursuant to section 110(k)(5) . The findings that all or portions of a State's submission are complete establish a 12-month deadline for EPAto take action uponthe complete SIP elements in accordance with section 110(k) . EPAissued a guidance document regarding infrastructure SIPs on October 2, 2007, entitled, "Guidance on SIPElements Required Under Sections 110(a)(1) and (2) for the 1997 8- hour Ozone and PM2

.5 National Ambient Air Quality Standards." This guidance noted that to the extent an existing SIPalready meets the Section 110(a)(1) and (2) requirements, states need only to certify that fact via a letter to EPA .In July 2010, EPA entered into a Consent Decree with Sierra Club and WildEarth

Guardians to take final action, no later than April 29, 2011, either approving, disapproving, or approving in part and disapproving in part, the 1997 8-hour ozone NAAQS Infrastructure SIP for New Hampshire and several other states, pursuant to section 110(k)(2) of the CAA, (42 U .S.C. § 7410(k)(2)) . What did New

Hampshire Submit? The State of New

Hampshire's section 110 infrastructure submittal was received by EPARegion I on December 14, 2007, and the submittal was determined to be complete on April 28, 2008. The New

Hampshire December 2007 section I 10 submittal demonstrates how the state, where applicable, has a plan in place that meets the requirements of Section 110forthe 1997 8-hour ozone NAAQS. This plan is incorporated into the current New Hampshire Air Quality SIP, the New Hampshire Revised Statutes Annotated (RSA) as well as the New Hampshire Rules Governing the Control ofAir Pollution, NHAdmin. Rules Env-A 100et seq., which have been incorporated into the New Hampshire SIP in 40 CFRPart 52 Subpart EE. In accordance with the October 2, 2007 guidance document, no public hearing was necessary for New Hampshire's 110 ozone infrastructure submittal, since all of the New Hampshire General Statutes and New Hampshire air pollution control regulations referenced in the submittal are publicly available, and all the New

Hampshire Department of Environmental Services (NH DES) regulations, including the NH SIP, referenced in the submittal were subjectto public notice and hearing when adopted. As explained below, the state has the necessary infrastructure, resources, and general authority to implement the 1997 ozone NAAQS, except where specifically noted. It should be noted that the NHDES has made SIPrevisions for both the previous 1-hour ozone standard and the revised 1997 ozone NAAQS. New Hampshire air pollution control regulations that have been previously approved by EPAand incorporated into the New Hampshire SIP are shown in the Appendix ofthis TSDand are posted on the Internet at: http://www

epa gnv/re 7ionl/topics/air/sips/sips nh .html What are the required elements under Section 110(a)(1) and (2) for the 1997 8-hour ozone NAA~S? Section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for "infrastructure" SIPrequirements related to a newly established or revised NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS . The requirements that are the subject of this action are listed below, with their corresponding CAAsubsection, and in EPA's October 2, 2007, memorandum entitled "Guidance on SIPElements Required Under Section 110(a)(1) and (2) for the 1997 8- Hour Ozone and PM2

.5 National Ambient Air Quality Standards." 0 110(a)(2)(A) : Emission limits and other control measures..

.

. 0

. 4 11 0(a)(2)(13) : Ambient air quality monitoring/data system . 110(a)(2)(C) : Programfor enforcement ofcontrol measures. 110(a)(2)(D) : Interstate transport. 110(a)(2)(E) : Adequate resources. 110(a)(2)(F) : Stationary source monitoring system . 110(a)(2)(G) : Emergency power. 110(a)(2)(H) : Future SIPrevisions. 11 0(a)(2)(1) : Areas designated nonattainment and meet the applicable

requirements of part D

. 110(a)(2)(J) : Consultation with government officials; public notification; and

Prevention of Significant Deterioration (PSD) and visibility protection. 110(a)(2)(K) : Air quality modeling/data. 110(a)(2)(L) : Permitting fees. 110(a)(2)(M) : Consultation/participation by affected local entities. Twoelements identified in section 110(a)(2) are not governed by the 3 year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation of a new or revised NAAQS, but rather due at the time of the nonattainment area plan requirements are due pursuant to CAAsection 172. These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit programas required in part DTitle I of the CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA

. As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSR or 110(a)(2)(I) . EPA does not consider SIPrequirements triggered by the nonattainment area mandates in part D ofTitle I of the CAAto be governed by the submission deadline ofsection 110(a)(1) . Nevertheless, New

Hampshire has included some SIPprovisions originally submitted in response to part Din its submission documenting its compliance with the infrastructure requirements ofsection 110(a)(1) and (2) . New Hampshire has over time continually updated the elements of its SIPaddressing the ozone NAAQS, and the provisions reviewed here are a weave of SIP revisions submitted in response to the infrastructure requirements of section 110(a)(2) and the nonattainment requirements of part D . For the purposes of this action, EPA is reviewing any rules originally submitted in response to part Dsolely for the purposes ofdetermining whether they support a finding that the state has met the basic infrastructure requirements under section 110(a)(2) . For example, in response to the requirement to have enforceable emission limits under section 110(a)(2)(A), New Hampshire cited to several rules that were submitted to meet the Reasonably Available Control Technology Controls (RACT) requirement of part D . EPAis here approving those rules as meeting the requirement to have enforceable emission limits on ozone precursors; anyjudgment about whether those emission limits discharge the state's obligation to impose RACT under part Dwas or will be made separately, in an action reviewing those rules pursuant to the requirements of part D .5

This action also does not address the requirements of 110(a)(2)(D)(i), which have been addressed by a separate finding issued by EPAon April 25, 2005 (70 FR 21147) . Furthermore, EPAinterprets the section 110(a)(2)(J) provision on visibility as not being triggered by a new

NAAQS because the visibility requirements in Part Care not changed by a new NAAQS. Does the New

Hampshire Infrastructure Submittal Meet the Requirements under Section 110(a)(1) and (2) for the 1997 8-hour ozone NAAQS? The NH DES, December 2007 submittal, for the section 110(a)(2) infrastructure elements lists specific provisions of the RSA, the RCSA and the New Hampshire Air Pollution SIP and shows how the provisions ofthese laws and regulations meet the appropriate section 110 requirements as outlined in EPA's October 2, 2007 guidance. The specific sections of 110are listed below, followed by a discussion of how the NHDES submission meets these requirements. A . Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures; means or techniques, schedules for compliance and other related matters. EPAnotes that the specific nonattainment area plan requirements ofSection 11 0(a)(2)(1) are subject to the timing requirement of Section 172, not the timing requirement of Section 110(a)(1) . In this action, EPAis not proposing to approve or disapprove any existing state provisions with regard to excess emissions during startup, shutdown, or malfunction (SSM) ofoperations at a facility. EPA believes that a number of states have SSM

provisions that are contrary to the CleanAir Act and to existing EPAguidancel, and the Agency plans to address such state regulations in the future. In the meantime, EPAencourages any State having a deficient SSM provision to take steps to correct it as soon as possible In addition, in this action, EPAis not proposing to approve or disapprove any existing state rules with regard to director's discretion or variance provisions. EPA believes that a number ofstates have such provisions that are contrary to the CleanAir Act and existing EPA guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to take action in the future to address such state regulations. In the meantime, EPAencourages any State having a director's discretion or variance provisionthat is contrary to the Clean Air Act and EPAguidance to take steps to correct the deficiency as soon as possible.

' Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant Administrator forAirand Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown." Memorandumto EPAAir Division Directors, August 11, 1999.NH DES's response to this requirement: The December 2007 submittal cites an overviewofthe RSA and the ENV-A . The relevant New

Hampshire air quality laws and regulations for this component ofthe 110 SIP are as follows: RSA 21-0and RSA 125-C . Powers of the Commissioner . Regulations. Fees. General Permits CHAPTERS: Env-A300, Env-A 600, Env-A700, Env-A 1200, Env-A3200 The regulations more specific to new source review

and the control of ozone and ozone precursors are found in: PART Env-A307, Section Env-A307 .03 Measurement of Ozone in Ambient Air to DetermineAttainment ofStandards PART Env-A618Additional Requirements in Non-Attainment Areas &the NH Portion of the Northeast Ozone Transport Region (OTR) PART Env-A 619 Prevention ofSignificant Deterioration (PSD) PART Env-A 1204 Stationary Sources ofVolatile Organic Compounds (VOCs) PART Env-A 1211 Nitrogen Oxides (NOx) CHAPTEREnv-A3200 NOx Budget Trading Program New Hampshire Code ofAdministrative Rules Department ofSafety, CHAPTER900, Emissions Inspections, PARTs Saf-901 through Saf-910 Effective October 6, 1986 . Revisions to the NH SIP submitted on September 4, 1998and November 20, 1998 New Hampshire Code ofAdministrative Rules PART Saf-C 3221A "Emission Amendments to Official Motor Vehicle Inspection Requirements" as adopted on November 17, 1998and Part Saf-C 5800 "Roadside Diesel Opacity Inspection Rules" as adopted November 17, 1998 . (Periodic motor vehicle inspection and maintenance) EPAanalysis: All of the NHprograms listed above were previously approved by EPA . SeeAppendix. (Note - Some regulation numbering has changed. For example, PSDrequirements currently at 619, are in SIP-approved version at 623.) NH DES's December 2007 submittal meets the requirements of CAASection 110(a)(2)(A) . B . Ambient air quality monitoring/data system : Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and7 making these data available to EPAupon request. NHDES's response to this requirement: Acomprehensive air quality monitoring plan, intended to meet requirements of 40CFRpart 58, was submitted by the NHDES to EPAon July 17, 2007. The latest annual air monitoring network plan was also submitted to EPAon September 7, 2010with the comprehensive air quality monitoring plan. NHDES collects and reports ambient air quality data for 03, SOZ, N02, Pb, CO, PM1o and PM2,5. These data are reviewed and validated before being sent to the EPAAir Quality System(AQS), no later than 90days after the end of a calendar quarter. In addition NHhas the following Laws: RSA 125-C

:6, XVI, authorizes the Commissioner to establish an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment. RSA 125-C:6, IV, authorizes the Commissioner to collect and disseminate the results ofstudies relating to air quality. RSA 125-C

:6, V, authorizes the Commissioner to consult and cooperate with agencies of the federal government . EPAanalysis : New

Hampshire's latest annual air monitoring network plan submitted on September 7, 2010 was approved by EPAon October 13, 2010 . NH DES's air monitoring program meets the requirements of CAASection 110(a)(2)(B) . C . Program

for enforcement of control measures: Section 110(a)(2)(C) requires states to include a programproviding for enforcement ofall SIPmeasures and the regulation ofconstruction of new or modified stationary sources, including a programto meet PSDand nonattainment New Source Review(NSR) requirements . The requirements of section 110(a)(2)(C) that pertain to having an adequate NSRpermit programin Part DTitle I ofthe CAAare to be addressed separately and are not being addressed in this infrastructure SIP action. (This is similar to treatment of nonattainment requirements under section 110(a)(2)(1) .) This proposed action does not take any action to approve or disapprove any state rules with regard to NSRreformrequirements for major sources. EPAwill act on NSRreformsubmittals through a separate rulemaking process. EPAhas determined that New Hampshire's minor new source review(NSR) program(see ENV-A606, ENV-A 1700and ENV-A203) adopted pursuant to section 110(a)(2)(C) of the Act regulates emissions of ozone and its precursors. EPA has also determined that certain provisions ofseveral state's minor new source review

programs adopted pursuant to section 110(a)(2)(C) ofthe Act likely8 do not meet all the requirements found in EPA's regulations implementing that provision. See 40 CFR51 .160 - 51 .164. EPApreviously approved the state's minor NSRprogram

into the SIP, and there was at the time no objection to the provisions ofthis program . (See 51 FR 10863, March 15, 1983) . Since then, the state and EPAhave relied on the existing state minor NSRprogram to assure that new and modified sources not captured by the major NSRpermitting programs do not interfere with attainment and maintenance of the NAAQS. In this action, EPAis proposing to approve New Hampshire's infrastructure SIP for ozone with respect to the general requirement in section 110(a)(2)(C) to include a program

in the SIPthat regulates the modification and construction of any stationary source as necessary to assure that the NAAQSare achieved. EPA is not proposing to approve or disapprove the state's existing minor NSRprogram itselfto the extent that it is inconsistent with EPA's regulations governing this program . EPA believes that a number ofstates may have minor NSRprovisions that are contrary to the existing EPA regulations for this program . EPAintends to work with states to reconcile state minor NSRprograms with EPA's regulatory provisions for the program . The statutory requirements ofsection 110(a)(2)(C) provide for considerable flexibility in designing minor NSRprograms, and EPA believes it may be time to revisit the regulatory requirements forthis program to give the states an appropriate level offlexibility to design a program that meets theirparticular air quality concerns, while assuring reasonable consistency across the country in protecting the NAAQS with respect to new and modified minor sources. NHDES's response to this requirement: The December 2007 submittal cites the RSAand ENV-A

. The relevant air quality laws and regulations for this component of the 110SIP are as follows: RSA 125-C

:4 Rulemaking Authority; Subpoena Power RSA 125-C

:4, I . Authorizes rulemaking to control emissions and establish a permit program

. RSA 125-C:11 Permit Required. Provides for a permit program, permits with enforceable emission limits, and emission control measures. RSA 125-C

:15 Enforcement RSA125-C

:15, I . Authorizes NHDES to issue orders to correct violations . RSA 125-C

:15, I . Authorizes the commissioner to issue a stop use order and impose a compliance schedule on a gasoline dispensing facility subject to Stage II vapor recovery systemrequirements for violations ofsuch requirements. RSA 125-C:15, L-b, II ., III . and IV. Penalties for Violations.

### These statutes provide legal authority for the enforcement of: PART Env-A 618Additional Requirements in Non-Attainment Areas &the NH Portion of the Northeast Ozone Transport Region and PART Env-A 619 PSD . Env-A618

.02 Definitions. (a) For the purposes ofthis part, the definitions contained in 40 CFR 51 .165(a)(1), datedJuly 21, 1992, shall apply as follows: (1) "Reasonable period", as used in the definition of "net emissions increase" specified in 40 CFR 51 .165(a)(1)(vi)(C)(1) as revised July 21, 1992, means a period of 5 years; and (2) With revisions such that : a . "Major modification" means any modification to a major stationary source that results in significant increases in emissions of one or more applicable pollutants. b. "Major stationary source" means any stationary source which emits or has the potential to emit : 1 . VOCs at a rate of 50 tons per year (TPY) or more; 2. NOx at a rate of 50TPYor more if located in the 4-county ozone classified nonattainment region; 3. NOx at arate of 100TPY or more if located in New Hampshire, outside the 4-county ozone classified nonattainment region; EPAanalysis: EPAnotes that there is a deficiency in New Hampshire's PSD programbecause the state does not have adequate resources to implement the PSDpermitting programwith respect to greenhouse gas (GHG) emissions. New Hampshire submitted a SIP revision to its programto address this deficiency on February 7, 2011 . In addition, on March 8, 2011, NH DES submitted a letter to EPAstating that in the evaluation of its 110 infrastructure submittal, EPAshould consider the revised PSDrules. Therefore, EPAis proposing to fully approve this element. D . Interstate transport : Section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source or othertype ofemissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance ofthe NAAQS in another state, or frominterfering with measures required to prevent significant deterioration ofair quality or to protect visibility in another state. As noted above, this action does not address infrastructure elements related to section 110(a)(2)(D)(i) . Interstate and International transport provisions: Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with the applicable requirements ofsections 126 and 115 (relating to interstate and international10 pollution abatement)

. Specifically, section 126(a) requires new or modified sources to notify neighboring states of potential impacts fromthe source. EPAAnalysis: New

Hampshire is required to give notice ofdraft PSDpermits that meet the requirements in our regulations. New Hampshire specifically defers to 40CFRPart 52for the process by which PSD.permits are issued. Env-A 205.03. 40 CFR Part 52 effectively incorporates the requirements of 40 CFRPart 124 - which include affected state notice. 40 CFR 124.10(c)(1)(iii), (vii) &(x) . The State also has no pending obligations under section 115 or 126(b) of the Act. E. Adequate resources: Section 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIPand related issues . NH DES's response to this requirement: The December 2007 submittal cites the relevant air quality regulations for this component of the 110SIP . They are as follows: RSA 125-C:6 authorizes the NHDES Commissioner to enforce the state's air laws, establish a permit program, accept and administer grants, and exercise all incidental powers necessary to carry out the law . RSA 125-C

:12 authorizes the Commissioner to collect fees to recover the costs of reviewing and acting upon permit applications and enforcing the terms of permits issued. RSA21-0:11 establishes the NHAir Resources Council, a state board that has the authority to hear enforcement and permit appeals. The Council consists of 11 members, 6 ofwhom

must represent the public interest. The State of New

Hampshire Air Quality Implementation Plan, originally submitted January 27, 1972, with numerous amendments, describes the (A) existing organizations; (B) Manpower ; (C) Funding; (D) Physical Resources and (E) Local Agencies. (The State of New Hampshire does not rely on any local or regional government, agency, or instrumentality for the implementation of any SIPprovision) . EPAanalysis: EPAhas reviewed the above Laws and Regulations and has determined that the NH DES's resources meet the requirements of CAASection 110(a)(2)(E), (See Appendix) with one exception. EPAnotes that there is a deficiency in New

Hampshire's PSDprogram because the state does not have adequate resources to implement the PSDpermitting program with respect to greenhouse gas (GHG) emissions. New Hampshire submitted a SIPrevision to its program to address this deficiency on February 7, 2011 . In addition, on March 8, 2011, NH DES submitted a letter to EPAstating that in the evaluation of its 110 infrastructure submittal, EPAshould consider the revised PSDrules. Therefore,11 EPAis proposing to fully approve this element.

F . Stationary source monitoring system : Section 110(a)(2)(F) requires states to establish a systemto monitor emissions fromstationary sources and to submit periodic emission reports. NH DES's response to this requirement: The December 2007 submittal cites the relevant air quality laws and regulations for this component of the 110 SIP . They are as follows: RSA 125-C

:6 authorizes the Commissioner to require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the Commissioner on the nature and amounts of emissions fromsuch stationary sources. The Commissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards. CHAPTER Env-A 800Testing and Monitoring Procedures establishes minimum

testing and monitoring procedures, calculation procedures, standards, and requirements in order to determine compliance with applicable state and federal statutes and rules. This chapter includes the following parts: PART Env-A 802 Compliance Stack Testing for Stationary Sources PART Env-A 803 NOx Reasonably Available Control Technology (RACT) Testing Procedures PART Env-A804 Volatile Organic Compound Testing PART Env-A805 Capture Efficiency PART Env-A806 Sulfur Content Testing of Fuels PART Env-A807 Testing for Opacity of Emissions PART Env-A 808 Continuous Emission Monitoring PART Env-A 809Approval ofAlternate Methods CHAPTEREnv-A900 Owner or Operator Recordkeeping and Reporting Obligations establishes the requirement that records be kept at sources which discharge air pollutants so that the emissions ofsuch pollutants may be readily calculated or estimated and reported to the division for the purposes of demonstrating compliance, compiling emission inventories, and developing air related strategic plans. This chapter includes the following parts: PART Env-A 902 Availability of Records PART Env-A903 General Recordkeeping Requirements PART Env-A904 VOCEmission Statements Recordkeeping

Requirements PART Env-A905 NOx Emission Statements Recordkeeping

Requirements12 PART Env-A906 Additional Recordkeeping Requirements PART Env-A907 General Reporting Requirements PART Env-A 908 VOCEmission Statements Reporting

Requirements PART Env-A 909 NOx Emission Statements Reporting

Requirements PART Env-A910 Additional Reporting Requirements PART Env-A911 Recordkeeping and Reporting Requirements for

Permit Deviations PART Env-A912 Alternative Time Periods PART Env-A 902, 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 mechanism

by which a person who submits 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. EPAanalysis: EPAhas reviewed the above Laws and Regulations and has determined that NHDES's submittal meets the requirements of CAASection 110(a)(2)(F) . Chapters Env-A800and 900have been approved by EPA (see Appendix) . G . Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs. NH DES's response to this requirement: The December 2007 submittal cites the following air quality regulations for this component ofthe 110SIP : RSA 125-C: 4,1. states in part : "The commissioner shall adopt rules under RSA 541-A, relative to: (c) procedures to meet air pollution emergencies, as authorized by RSA 125-C

:9" . RSA 125-C

:9Authority of the Commissioner in Cases of Emergency . states: "Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safety, he may with consent of the governor and council issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be effective immediately. Anyperson to whom such an order is directed shall comply therewith. The commissioner shall rescind or abate such order as soon as the emergency ceases to exist." EPAanalysis: EPAhas reviewed the above laws and has determined that NH DES's has broad statutory authority to address activities causing imminent and13 substantial endangerment to public health However, the NHDES does not have regulations that specifically address all the 40 CFRpart 51 subpart H requirements. But NHDES in fact, as a matter of practice, does the following in response to elevated ozone levels. Through the EPAAIRNOW and ENVIROFLASHsystems the NHDES posts forecasted ozone levels statewide for each ozone day from

April 1 through September 30 . Notices are sent out to ENVIROFLASHparticipants when levels are forecasted to exceed the current 8- hour ozone standard. In addition, when levels are expected to exceed the ozone standard in New

Hampshire, the media are alerted, through a press release, and the National Weather Service is alerted to issue an Air Quality Advisory through the normal National Weather Service weather alert system . This is similar to the notification and communication requirements of 40CFRpart 151 .152. Therefore, EPAis proposing to fully approve this element. H . Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPAfinding that the SIP is substantially inadequate. NHDES's response to this requirement: The December 2007 submittal cites the following Law

and regulations forthis component ofthe 110 SIP : RSA 125-C

:6. Powers and Duties of the Commissioner. - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: II . Developing a comprehensive program and provide services for the study, prevention and abatement ofair pollution. In addition to this legal authority, CHAPTEREnv-A200 Procedural Rules, PART Env-A 204 Public Hearings on the State Implementation Plan provides procedures for SIP hearings. EPAanalysis: NHDES's submittal meets the requirements of CAASection 110(a)(2)(H) . In addition it should be noted that the NH DES has made numerous SIP revisions for both the former 1-hour ozone standard and the 1997 8-hour ozone NAAQS. (See Appendix) . I . Areas designated nonattainment and meet the applicable requirements of part D .EPAanalysis: There are twoelements identified in section 110(a)(2) that are not governed by the 3 year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation of a new or revised NAAQS, but rather due at the time of the nonattainment area plan requirements are due pursuant to section 172 . These requirements are: (i) Submissions required by section 110(a)(2)(C) to the14 extent that subsection refers to a permit program as required in part DTitle I of the CAA, and (ii) submissions required by section 110(a)(2)(1) which pertain to the nonattainment planning requirements ofpart D, Title I ofthe CAA . As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSRor section 110(a)(2)(1) . J . 1. Consultation with government officials: Section 110(a)(2)(J) requires states to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121 relating to consultation. NH DES's response to this requirement: The December 2007 submittal cites the RSA . The relevant New

Hampshire air quality laws for this component of the 110 SIPare as follows: RSA 125-C

:6 Powers and Duties of the Commissioner . - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the 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 other affected 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; XIII . Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implementprograms for the control and abatement ofair pollution. Chapter Env-A600Statewide Permit System PART Env-A 621 Permit Notice and Hearing Procedures : Temporary Permits and Permits to Operate specifies the public notice and hearing procedures that apply to all applications for the issuance of, amendment to, or denial of temporary permits and permits to operate. PART Env-A622 Permit Notice and Hearing Procedures : Title VOperating Permits specifies the public notice and hearing procedures that apply to all applications for the issuance, significant modification to or renewal ofTitle V operating permits files with the department and all requests for Title Voperating permit re-openings. Chapter Env-A 1500 Conformity provides for consultation with local agencies and planning commissions with respect to transportation conformity and the conformity offederal actions related to transportation projects.15 EPAanalysis: NH DES's submittal meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. 2 . Public notification: Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. NH DES's response to this requirement: The December 2007 submittal cites an overviewofthe RSA . The relevant sections are as follows: RSA 125-C

:6 Powers and Duties of the Commissioner. - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: IV. Collecting and disseminating the results ofstudies relating to air quality; V . Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and other affected 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 implementing this authority, NH DES issues press releases in advance of bad ozone days and posts warnings on its website, advising people what they can do to help prevent exceedances and to prevent adverse health effects of poor quality air days. EPAanalysis: NH DES is one of the state partners participating in EPA's AIRNOW

and Enviroflash Air Quality Alert programs. (See www .airnow .gov) NH DES's submittal meets the requirements of CAASection 110(a)(2)(J) for public notification. 3 . PSDand visibility protection : Section 110(a)(2)(J) also requires states to meet applicable requirements of Part Crelated to prevention of significant deterioration and visibility protection. EPAinterprets this section 110 provision on visibility as not being "triggered" by anew NAAQS because the visibility requirements in part Care not changed by a new NAAQS. NH DES's response to this requirement: The December 2007 submittal cites the following regulation for this component of the 110 SIP: RSA 125-C

:6 Powers and Duties of the Commissioner . - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: XV . Implementing a program of PSDfor ambient air quality by establishing air quality increments, limiting the maximum allowable increases in the amounts of air pollutants provided such increments are not less stringent than those specified16 in the CAA, amendments thereto, and in regulations promulgated there under; PART Env-A619Prevention ofSignificant Deterioration (PSD) ofAir Quality Permit Requirements This part addresses the PSDofair quality and visibility protection. This part is required of the department in order to comply with 40CFR51 .166, 40 CFR 52.21 and RSA-125-C. EPAanalysis: As noted above, the relevant New Hampshire regulations have been approved into the SIP . Also, see the Appendix. EPA notes that there is a deficiency in New

Hampshire's PSDprogrambecause the state does not have adequate resources to implement the PSDpermitting programwith respect to greenhouse gas (GHG) emissions. New Hampshire submitted a SIP revision to its program to address this deficiency on February 7, 2011 . In addition, on March 3, 2011, RI DEM

submitted a letter to EPAstating that in the evaluation of its 110 infrastructure submittal, EPA should consider the revised PSDrules. Therefore, EPAis proposing to fully approve this element. K . Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality of emissions fromany NAAQSpollutant and submission of such data to EPA upon request. NH DES's response to this requirement: The December 2007 submittal cites the following regulations for this component of the 110 SIP: PART Env-A606Air pollution Dispersion Modeling Requirements This part specifies the air pollution dispersion modeling requirements that shall apply to owners and operators ofcertain sources and devices in order to demonstrate compliance with the NH SIP, RSA 125-C, RSA 125-1 and any rules adopted thereunder . In addition fromthe NHGeneral Statutes: RSA 125-C

:4 Rulemaking Authority; Subpoena Power. - 1. The commissioner shall adopt rules under RSA 541-A, relative to: (a) The prevention, control, abatement, and limitation ofair pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. RSA 125-C

:6 Powers and Duties of the Commissioner . - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties : 1. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; II . Developing a comprehensive programand provide services for the study,17 prevention, and abatement of air pollution; III . Conducting and encouraging studies relating to air quality; IV. Collecting and disseminating the results ofstudies relating to air quality; V . Advising, consulting, and cooperating withthe cities and towns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality; X . Exercising all incidental powers necessary to carry out the purposes of this chapter; EPAanalysis: RSA 125-C:4 and C :6 give the NHDES broad powers to conduct air quality modeling, and in exercise of this authority the NH DES submitted an attainment demonstration, supported by modeling, to EPAfor the 1997 8-hour ozone standard in June 2007. In addition, New Hampshire is a member of, and participates in, the ozone attainment demonstration modeling efforts conducted by the Ozone Transport Commission. NH DES's submittal meets the requirements of CAASection 110(a)(2)(K) . L . Permitting fees : Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing apermit, until such time as the SIP fee requirement is superseded by EPA's approval of the state's Title Voperating permit program . NHDES's response to this requirement: The December 2007 submittal cites the following Laws and regulations for this component of the 110 SIP: RSA 125-C" 4Rulemaking Authority; Subpoena Power. - I . The commissioner shall adopt rules under RSA 541-A, relative to: (i) Fees for permit application and review, as authorized by RSA 125-C :12, IV. RSA 125-C:12 Administrative Requirements. -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 permit to operate, permit renewal, and permit modification of an affected source, and of implementing or enforcing the terms and conditions of an 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 offees under the schedule. Funds collected by the commissioner under this 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 of any new or existing affected source. CHAPTEREnv-A 700 Permit Fee System : The purpose of this chapter is to establish a fee systemrequiring the payment offees to cover the reasonable direct and indirect costs of: reviewing and acting upon applications for the issuance of,18 amendment to, modification to, renewal of, or any combination of the foregoing actions to atemporary permit, state permit to operate, or Title Voperating permit ; implementing and enforcing the terms and conditions of any temporary permit, state permit to operate, or Title Voperating permit ; administering the state permit program ; and developing, implementing and administering the Title Voperating permit program

. In particular, Env-A 705 establishes the emission fee program for Title Vand non-Title Vsources. EPAanalysis: EPA's full approval of New Hampshire's title Vprogrambecame effective on November 23, 2001 . Before EPAcan grant full approval, a state must demonstrate the ability to collect adequate fees. New Hampshire's title V program included a demonstration the state will collect a fee fromtitle Vsources above the presumptive minimumin accordance with 40 CFR 70.9(b)(2)(i), New Hampshire collects sufficient fees to administer the title Vpermit program . NH DES's submittal meets the requirements of CAASection 110(a)(2)(L) . M . Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP . NHDES's response to this requirement: The December 2007 submittal cites the following statute for this component of the 110 SIP: RSA 125-C

:6 Powers and Duties of the Commissioner. - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: V . Advising, consulting, and cooperating with the cities and towns and other agencies ofthe state, federal government, interstate agencies, and other affected 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; XIII . Coordinating and regulating the airpollution control programs of political subdivisions ofthe state and entering agreements with said subdivisions to plan or implement programs for the control and abatement ofair pollution. EPAanalysis: NHDES's submittal meets the requirements of CAASection 110(a)(2)(M) . RECOMMENDATION New Hampshire made a complete submittal of the requirements of Section 110(a)(1) and (2) ofthe CAAfor the 1997 8-hour ozone standard. The New Hampshire submittal meets the requirements of the CleanAir Act and the guidance issued by EPA as19 outlined in this TSD

. I recommend approving the New Hampshire submittal as meeting the requirements ofsections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) . As noted above, this action does not address the nonattainment provisions of 110(a)(2)(C) and (1), does not address section 110(a)(2)(D)(i), and does not address the visibility provisions of 110(a)(2)(J) . EPA should not take action onthe following elements ofthe New Hampshire SIP

: " Any startup, shutdown, and malfunction provisions contrary to the Act; " Any directors discretion or variance provisions contrary to the Act; and " Any elements of the minor NSRprogram that are inconsistent with EPA's regulations.Appendix EPA-Approved New

Hampshire Air Quality Regulations for Ozone and Other Air Pollutants State Citation Title / Subject State Effective EPAApproval Explanations Date Date Env-A 100 Organizational 12/24/1990 08/14/1992 Sections Env-A 101 .21 ; .27; .33; PDF (10 pp, Rules: Definitions. 57 FR 36603 .51 ; .53 ; .58 ; .63; .98

; and Parts 1 79K) Env-A 102 and 103 are not part of the approved SIP. Env-A 200 Procedural Rules. 07/23/2001 10/28/2002 Parts Env-A 206 ; 208 ; and Sections PDF (14 pp, 67 FR 65710 Env-A 209 .01 through 209

.04 are 139K) not part of the approved SIP. Env-A 300 Ambient Air Quality 04/21/1989 08/19/1994 Part Env-A 304 is not part of the (PDF) (4 pp, Standards. 59 FR 42766 approved SIP. 11 4 K) Env-A 600 Statewide Permit 07/23/2001 10/28/2002 Parts Env-A 615 through 621 are (PDF) (27 pp, System . 67 FR 65 710 not part of the SIP . Sections Env-A 1 70K) 622.01(a)(2)(a) and 622.01(a)(2)(b) ; 622.03; 622.04(a) through 622.04(c) ; 622.05; 622.07 and 623.02 are not part of the SIP. Env-A 700 Permit Fee System . 12/24/1990 08/14/1992 Approved Parts Env-A 701 through PDF (5 pp, 57 FR 36603 705. 117K) Env-A 800 Testing and 08/21/1995 03/10/1998 Approved Parts Env-A 801 through (PDF) (39 pp, Monitoring 63 FR 11600 807. 257K) Procedures. Env-A 900 Owner or Operator 08/21/1995 03/10/1998 Approved Sections Env-A 901 PDF (16 pp, Obligations. 63 FR 11600 through 903 . 143K) Env-A 1000 Prevention, 05/19/1989 08/19/1994 Approved Part Env-A 1001 . PDF (3 pp, Abatement, and 59 FR 42766 111 K) Control of Open

Source Air Pollution. Env-A 1200 Prevention, 08/21/1995 07/23/2002 Approved Parts Env-A 1201 through PDF (144 pp, Abatement, and 67 FR 48033 1208; and 1211 . 657K) Control of Approval of 1201 .05 shall not be

Stationary Source construed to supersede New Source Air Pollution. Performance Standards; National Emission Standards for HazardousAir Pollutants; and the regulations controlling emissions frommajor newor modified stationary sources in attainment and non-attainment areas. Env-A 1 500 Conformity of 04/19/1996 08/16/1999 Approved Part Env-A 1502. PDF (2 pp, General Federal 64 FR 44417 107K) Actions. Env-A 3200 NOx Budget Trading 07/27/1998 11/14/2000 Approved Parts Env-A 3201 through PDF (30 pp, Program . 65 FR 68078 3218. 237K) Env-A 3600 National Low 07/21/1999 03/09/2000 Approved Parts Env-A 3601 through PDF (2 pp, Emission Vehicle 65 FR 12476 3603. 108K) (National LEV)

Program

. NHCAR, Emission 11/17/1998 0111012001 Part Saf-C 3221A "Emission

Amendments to 66 FR 1868 Amendments to Official Motor Part Saf-C Official Motor Vehicle Inspection Requirements" 3221 A (PDF) (2 Vehicle Inspection adopted on November 17, 1998. pp, 109K) Requirements .