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 of the 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, EPA promulgated 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 

from 0.12 parts per million (ppm) to 0.08 ppm. (See 62 FR 38856.) The Clean Air Act (CAA) 

requires State Implementation Plans (SIPs) meeting the requirements of sections 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 EPA no 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 EPA for a 

new or revised NAAQS, but the contents of that submission may vary 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 SIP already 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 CAA require, in part, that states submit to EPA plans to 

implement, maintain and enforce each of the NAAQS promulgated by EPA. EPA interprets this 

provision to require states to address basic SIP requirements including emission 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 

three years after promulgation of a new or revised standard . These SIPs are commonly called 

infrastructure SIPs . 

On March 4, 2004, Earth Justice submitted a notice of intent to sue related to EPA's 

failure to issue findings of failure to submit related to the "infrastructure" requirements for the 

1997 8-hour ozone standards. EPA entered into a consent decree with Earth Justice 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, EPA received an extension of the date to complete this 

Federal Re ister notice until March 17, 2008, based upon agreement to make the findings with 

respect to 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 from each state 

as of January 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 SIP that 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 of failure to submit for all or 

a portion of a State's SIP established a 24-month deadline for EPA to promulgate a Federal 

Implementation Plan (FIP) to address the outstanding SIP elements unless, prior to that time, the 

affected States submit, and EPA approves, the required SIPs. However, the findings of failure 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 D plan 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 SIP call 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 EPA to take action upon the 

complete SIP elements in accordance with section 110(k) . 

EPA issued a guidance document regarding infrastructure SIPs on October 2, 2007, 

entitled, "Guidance on SIP Elements 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 SIP already 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 EPA Region 

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 110 for the 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 of Air Pollution, NH Admin. Rules Env-A 100 et seq., which have been 

incorporated into the New Hampshire SIP in 40 CFR Part 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 subject to 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 

NH DES has made SIP revisions 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 EPA and incorporated into the New Hampshire SIP are shown in the 

Appendix of this TSD and 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" SIP requirements 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 CAA subsection, and in EPA's October 2, 2007, memorandum 

entitled "Guidance on SIP Elements 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) : Program for enforcement of control 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 SIP revisions. 

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 . 

Two elements 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 due within 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 CAA section 172 . These 

requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D Title 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 SIP requirements triggered by the nonattainment area mandates in part D 

of Title I of the CAA to be governed by the submission deadline of section 110(a)(1). 

Nevertheless, New Hampshire has included some SIP provisions originally submitted in 

response to part D in its submission documenting its compliance with the infrastructure 

requirements of section 110(a)(1) and (2). New Hampshire has over time continually updated 

the elements of its SIP addressing 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 D solely for the purposes of determining 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. EPA is here approving those rules as meeting the 

requirement to have enforceable emission limits on ozone precursors; any judgment about 

whether those emission limits discharge the state's obligation to impose RACT under part D was 

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 EPA on April 25, 2005 (70 FR 21147). 

Furthermore, EPA interprets the section 110(a)(2)(J) provision on visibility as not being 

triggered by a new NAAQS because the visibility requirements in Part C are 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 of these laws and regulations meet the appropriate section 110 requirements 

as outlined in EPA's October 2, 2007 guidance. The specific sections of 110 are listed below, 

followed by a discussion of how the NH DES 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. EPA notes that 

the specific nonattainment area plan requirements of Section 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, EPA is not proposing to approve or disapprove any existing state 

provisions with regard to excess emissions during startup, shutdown, or 

malfunction (SSM) of operations at a facility . EPA believes that a number of 

states have SSM provisions that are contrary to the Clean Air Act and to existing 

EPA guidance l, and the Agency plans to address such state regulations in the 

future . In the meantime, EPA encourages any State having a deficient SSM 

provision to take steps to correct it as soon as possible 

In addition, in this action, EPA is not proposing to approve or disapprove any 

existing state rules with regard to director's discretion or variance provisions. 

EPA believes that a number of states have such provisions that are contrary to the 

Clean Air 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, EPA encourages any State having a director's discretion or 

variance provision that is contrary to the Clean Air Act and EPA guidance 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 for Air and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 

1999. 
NH DES's response to this requirement: The December 2007 submittal cites 

an overview of the RSA and the ENV-A. The relevant New Hampshire air 

quality laws and regulations for this component of the 110 SIP are as follows: 

RSA 21-0 and RSA 125-C. Powers of the Commissioner. Regulations . Fees. 

General Permits 

CHAPTERS : Env-A 300, Env-A 600, Env-A 700, Env-A 1200, Env-A 3200 

The regulations more specific to new source review and the control of ozone and 

ozone precursors are found in: 

PART Env-A 307, Section Env-A 307.03 Measurement of Ozone in Ambient 

Air to Determine Attainment of Standards 

PART Env-A 618 Additional Requirements in Non-Attainment Areas & the NH 

Portion of the Northeast Ozone Transport Region (OTR) 

PART Env-A 619 Prevention of Significant Deterioration (PSD) 

PART Env-A 1204 Stationary Sources of Volatile Organic Compounds (VOCs) 

PART Env-A 1211 Nitrogen Oxides (NOx) 

CHAPTER Env-A 3200 NOx Budget Trading Program 

New Hampshire Code of Administrative Rules Department of Safety, 

CHAPTER 900, Emissions Inspections, PARTs Saf-901 through Saf-910 

Effective October 6, 1986. Revisions to the NH SIP submitted on September 4, 

1998 and November 20, 1998 New Hampshire Code of Administrative Rules 

PART Saf-C 3221A "Emission Amendments to Official Motor Vehicle 

Inspection Requirements" as adopted on November 17, 1998 and Part Saf-C 5800 

"Roadside Diesel Opacity Inspection Rules" as adopted November 17, 1998. 

(Periodic motor vehicle inspection and maintenance) 

EPA analysis : All of the NH programs listed above were previously approved by 

EPA. See Appendix. (Note - Some regulation numbering has changed. For 

example, PSD requirements currently at 619, are in SIP-approved version at 623 .) 

NH DES's December 2007 submittal meets the requirements of CAA Section 

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, and 
7 

making these data available to EPA upon request. 

NH DES's response to this requirement: A comprehensive air quality 

monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted 

by the NHDES to EPA on July 17, 2007 . The latest annual air monitoring 

network plan was also submitted to EPA on September 7, 2010 with 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 EPA Air Quality System (AQS), 

no later than 90 days after the end of a calendar quarter. 

In addition NH has 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 of studies relating to air quality. 

RSA 125-C:6, V, authorizes the Commissioner to consult and cooperate with 

agencies of the federal government. 

EPA analysis : New Hampshire's latest annual air monitoring network plan 

submitted on September 7, 2010 was approved by EPA on October 13, 2010. NH 

DES's air monitoring program meets the requirements of CAA Section 

110(a)(2)(B) . 

C. Program for enforcement of control measures: Section 110(a)(2)(C) requires 

states to include a program providing for enforcement of all SIP measures and the 

regulation of construction of new or modified stationary sources, including a 

program to meet PSD and nonattainment New Source Review (NSR) 

requirements . The requirements of section 110(a)(2)(C) that pertain to having an 

adequate NSR permit program in Part D Title I of the CAA are 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 NSR reform requirements for major sources. EPA will act on 

NSR reform submittals through a separate rulemaking process. 

EPA has determined that New Hampshire's minor new source review (NSR) 

program (see ENV-A 606, ENV-A 1700 and ENV-A 203) 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 of several state's minor new 

source review programs adopted pursuant to section 110(a)(2)(C) of the Act likely 
8 

do not meet all the requirements found in EPA's regulations implementing that 

provision. See 40 CFR 51 .160 - 51 .164 . EPA previously approved the state's 

minor NSR program into the SIP, and there was at the time no objection to the 

provisions of this program. (See 51 FR 10863, March 15, 1983). Since then, the 

state and EPA have relied on the existing state minor NSR program to assure that 

new and modified sources not captured by the major NSR permitting programs do 

not interfere with attainment and maintenance of the NAAQS. 

In this action, EPA is 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 SIP that regulates the modification and construction of 

any stationary source as necessary to assure that the NAAQS are achieved. EPA 

is not proposing to approve or disapprove the state's existing minor NSR program 

itself to the extent that it is inconsistent with EPA's regulations governing this 

program. EPA believes that a number of states may have minor NSR provisions 

that are contrary to the existing EPA regulations for this program. EPA intends to 

work with states to reconcile state minor NSR programs with EPA's regulatory 

provisions for the program. The statutory requirements of section 110(a)(2)(C) 

provide for considerable flexibility in designing minor NSR programs, and EPA 

believes it may be time to revisit the regulatory requirements for this program to 

give the states an appropriate level of flexibility to design a program that meets 

their particular air quality concerns, while assuring reasonable consistency across 

the country in protecting the NAAQS with respect to new and modified minor 

sources. 

NH DES's response to this requirement: The December 2007 submittal cites 

the RSA and ENV-A. The relevant air quality laws and regulations for this 

component of the 110 SIP 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 

RSA 125-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 system requirements for violations of such 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 618 Additional Requirements in Non-Attainment Areas & the NH 

Portion of the Northeast Ozone Transport Region and PART Env-A 619 PSD. 

Env-A 618.02 Definitions. 

(a) For the purposes of this part, the definitions contained in 40 CFR 51 .165(a)(1), 

dated July 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 50 TPY or more if located in the 4-county ozone 

classified nonattainment region; 

3 . NOx at a rate of 100 TPY or more if located in New Hampshire, outside 

the 4-county ozone classified nonattainment region ; 

EPA analysis : EPA notes that there is a deficiency in New Hampshire's PSD 

program because the state does not have adequate resources to implement the 

PSD permitting program with 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 8, 2011, NH DES submitted a letter to 

EPA stating that in the evaluation of its 110 infrastructure submittal, EPA should 

consider the revised PSD rules . Therefore, EPA is proposing to fully approve this 

element. 

D. Interstate transport: Section 110(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one state from 

contributing significantly to nonattainment, or interfering with maintenance of the 

NAAQS in another state, or from interfering with measures required to prevent 

significant deterioration of air 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 of sections 126 and 115 (relating to interstate and international 
10 

pollution abatement) . Specifically, section 126(a) requires new or modified 

sources to notify neighboring states of potential impacts from the source . 

EPA Analysis: New Hampshire is required to give notice of draft PSD permits 

that meet the requirements in our regulations . New Hampshire specifically defers 

to 40 CFR Part 52 for the process by which PSD.permits are issued . Env-A 

205.03. 40 CFR Part 52 effectively incorporates the requirements of 40 CFR Part 

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 

SIP and related issues . 

NH DES's response to this requirement: The December 2007 submittal cites 

the relevant air quality regulations for this component of the 110 SIP. 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 . 

RSA 21-0:11 establishes the NH Air Resources Council, a state board that has 

the authority to hear enforcement and permit appeals. The Council consists of 11 

members, 6 of whom 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 

SIP provision) . 

EPA analysis : EPA has reviewed the above Laws and Regulations and has 

determined that the NH DES's resources meet the requirements of CAA Section 

110(a)(2)(E), (See Appendix) with one exception. EPA notes that there is a 

deficiency in New Hampshire's PSD program because the state does not have 

adequate resources to implement the PSD permitting program with 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 8, 

2011, NH DES submitted a letter to EPA stating that in the evaluation of its 110 

infrastructure submittal, EPA should consider the revised PSD rules. Therefore, 
11 

EPA is proposing to fully approve this element. 

F. Stationary source monitoring system: Section 110(a)(2)(F) requires states to 

establish a system to monitor emissions from stationary 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 from such 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 800 Testing 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-A 804 Volatile Organic Compound Testing 

PART Env-A 805 Capture Efficiency 

PART Env-A 806 Sulfur Content Testing of Fuels 

PART Env-A 807 Testing for Opacity of Emissions 

PART Env-A 808 Continuous Emission Monitoring 

PART Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 900 Owner or Operator Recordkeeping and Reporting 

Obligations establishes the requirement that records be kept at sources which 

discharge air pollutants so that the emissions of such 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-A 903 General Recordkeeping Requirements 

PART Env-A 904 VOC Emission Statements Recordkeeping 

Requirements 

PART Env-A 905 NOx Emission Statements Recordkeeping 

Requirements 
12 

PART Env-A 906 Additional Recordkeeping Requirements 

PART Env-A 907 General Reporting Requirements 

PART Env-A 908 VOC Emission Statements Reporting 

Requirements 

PART Env-A 909 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 

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. 

EPA analysis : EPA has reviewed the above Laws and Regulations and has 

determined that NH DES's submittal meets the requirements of CAA Section 

110(a)(2)(F) . Chapters Env-A 800 and 900 have 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 of the 110 SIP: 

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:9 Authority 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. Any person 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." 

EPA analysis : EPA has reviewed the above laws and has determined that NH 

DES's has broad statutory authority to address activities causing imminent and 
13 

substantial endangerment to public health However, the NH DES does not have 

regulations that specifically address all the 40 CFR part 51 subpart H 

requirements . But NH DES in fact, as a matter of practice, does the following in 

response to elevated ozone levels . Through the EPA AIRNOW and 

ENVIROFLASH systems the NH DES posts forecasted ozone levels statewide for 

each ozone day from April 1 through September 30. Notices are sent out to 

ENVIROFLASH participants 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 40 CFR part 151 .152. Therefore, 

EPA is 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 EPA finding that 

the SIP is substantially inadequate . 

NH DES's response to this requirement: The December 2007 submittal cites 

the following Law and regulations 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 : II . Developing a comprehensive 

program and provide services for the study, prevention and abatement of air 

pollution. 

In addition to this legal authority, CHAPTER Env-A 200 Procedural Rules, 

PART Env-A 204 Public Hearings on the State Implementation Plan provides 

procedures for SIP hearings . 

EPA analysis: NH DES's submittal meets the requirements of CAA Section 

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. 

EPA analysis : There are two elements 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 due within 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 the 
14 

extent that subsection refers to a permit program as required in part D Title I of 

the CAA, and (ii) submissions required by section 110(a)(2)(1) 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 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 SIP 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 : 

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 

implement programs for the control and abatement of air pollution. 

Chapter Env-A 600 Statewide 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-A 622 Permit Notice and Hearing Procedures : Title V Operating 

Permits specifies the public notice and hearing procedures that apply to all 

applications for the issuance, significant modification to or renewal of Title V 

operating permits files with the department and all requests for Title V operating 

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 of federal actions related to transportation projects . 
15 

EPA analysis : NH DES's submittal meets the requirements of CAA Section 

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 overview of the 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 of studies 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. 

EPA analysis : 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 CAA Section 110(a)(2)(J) for 

public notification . 

3. PSD and visibility protection : Section 110(a)(2)(J) also requires states to 

meet applicable requirements of Part C related to prevention of significant 

deterioration and visibility protection. EPA interprets this section 110 provision 

on visibility as not being "triggered" by a new NAAQS because the visibility 

requirements in part C are 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 PSD for 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 specified 
16 

in the CAA, amendments thereto, and in regulations promulgated there under; 

PART Env-A 619 Prevention of Significant Deterioration (PSD) of Air 

Quality Permit Requirements This part addresses the PSD of air quality and 

visibility protection. This part is required of the department in order to comply 

with 40 CFR 51 .166, 40 CFR 52.21 and RSA-125-C . 

EPA analysis : 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 PSD program because the state does not have 

adequate resources to implement the PSD permitting program with 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 EPA stating that in the evaluation of its 110 

infrastructure submittal, EPA should consider the revised PSD rules. Therefore, 

EPA is 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 from any NAAQS pollutant 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-A 606 Air pollution Dispersion Modeling Requirements This part 

specifies the air pollution dispersion modeling requirements that shall apply to 

owners and operators of certain 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 from the NH General 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 of air 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 program and 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 of studies 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; 

X. Exercising all incidental powers necessary to carry out the purposes of this 

chapter; 

EPA analysis : RSA 125-C :4 and C:6 give the NH DES broad powers to conduct 

air quality modeling, and in exercise of this authority the NH DES submitted an 

attainment demonstration, supported by modeling, to EPA for 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 

CAA Section 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 a permit, until such time as the SIP fee requirement 

is superseded by EPA's approval of the state's Title V operating permit program. 

NH DES'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 " 4 Rulemaking 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 of fees under the 

schedule. Funds collected by the commissioner under this paragraph from permit 

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 system of permitting for the construction, operation, or modification of 

any new or existing affected source . 

CHAPTER Env-A 700 Permit Fee System: The purpose of this chapter is to 

establish a fee system requiring the payment of fees 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 a temporary permit, state permit to operate, or Title V operating permit ; 

implementing and enforcing the terms and conditions of any temporary permit, 

state permit to 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 program 

for Title V and non-Title V sources . 

EPA analysis : EPA's full approval of New Hampshire's title V program became 

effective on November 23, 2001 . Before EPA can 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 from title V sources 

above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i), New 

Hampshire collects sufficient fees to administer the title V permit program. NH 

DES's submittal meets the requirements of CAA Section 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. 

NH DES'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 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 

the state; 

XIII. 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. 

EPA analysis : NH DES's submittal meets the requirements of CAA Section 

110(a)(2)(M) . 

RECOMMENDATION 

New Hampshire made a complete submittal of the requirements of Section 

110(a)(1) and (2) of the CAA for the 1997 8-hour ozone standard . The New Hampshire 

submittal meets the requirements of the Clean Air Act and the guidance issued by EPA as 
19 

outlined in this TSD. I recommend approving the New Hampshire submittal as meeting 

the requirements of sections 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 on the following elements of the 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 NSR program 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 EPA Approval 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 Hazardous 
Air Pollutants; and the regulations 

controlling emissions from major 

new or 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 .