### The State ofNew Hampshire 

## DEPARTMENT OF ENVIRONMENTAL SERVICES

Mr. Curtis Spalding Regional Administrator Thomas S. Burack, Commissioner

November 7, 2011

U.S. Environmental Protection Agency , Region I 5 Post Office Square , Suite 100 Boston, MA 02109-3912 

### Re: Certi fication of Adequacy for 2008 Lead Standard Dear Adm ini strator Spalding: Enclosed for your review and approval is New Hampshire's certification of adequacy for the 2008 National Ambient Air Quality Standard (NAAQS) for lead. Unde r sections 11 O(a)(1) and (2) of the C lean Air Act (Act), after promulgation of a new or revised NAAQS, each state is required to submit a plan to provide for the implementation , maintenance , and enforcement of the NAAQS. States are required to address bas ic state implementation plan (SIP) requirements , including emissions inve ntorie s, monitoring , and modeling, to assure attainment and maintenance of the standards. By statute , SIPs required by sections 11 O(a)(l) and (2) are to be submitted by states within 3 years after promulgation of a new or revised standard. EPA advises that these section 11 O(a) " infrastructure " SIPs are due 3 years from the date of signature of the NAAQS , as this repre sents widespread dissemination and, therefore , promulgation of the NAAQS under 307(d) of the Act. For the 2008 lead standard , the due date was October 15 , 2011. New Hampshire was prepar ed to submit this certification by that date but decided to wait until staff had the opportunity to review EPA's gu idanc e, which was issued on October 14 , 2011. The New Hampshire S IP was originally submitted to E PA on January 27, 197 2, and ha s undergone numerous revisions since that date. For in s tance , New Hamp shir e submitted a lead infrastructure SIP on April 15 , 1980 , which it s upplemented with additional information on procedures for reviewing ne w major sou rce s of lead emissions and reference methods to be u sed. This SIP amendment was approved by EPA on Jul y 15 , 1981. New Hampshire ' s EPA-appro ved SIP , which i s published in the Code of Federal Regulations at 40 CFR 52 Subpatt EE , explicitly fulfills most of the requirements of sections 110(a) (1) and (2). Other section llO(a) ( 1) and (2) requirements m·e fulfilled in applicable chapters and parts from the New Hampshire Revised Statutes Annotated (RSA) pertaining to the dutie s and powers of the Commissioner of the Department of Environmental Services (DES) and in applicab l e chapters and parts from the New Hampshire Rules Governing the Contro l of Air Pollution , NH Administrative Rules Env-A 100 

### et seq.

D ES We b S ite : www . des.nh.gov P.O. Box 95 , 29 Hazen Drive , Co ncord , New Hampshire 03302-0095 Telephone : (603) 27 1-3503 Fax : (603) 27 1

- 2 181 T DD Access : Relay N H 1

- 800-735-2964Mr. Curl Spalding US. Environmemal Prote c tion Agen cv No vemb er 7, 20II Page 2


### Th ere a re fourt een e le m e nt s w ithin secti o n s l l O(a) 

### (1) a n d (2) that ew Hamps hire is re quire d to m ee t in the c ert i fi ca tion o f a d e qu acy . T he s p ec ifi c statutes an d ad mini st rative rules of th e New H a mp s hi re p r og ra m that addre ss th ose e le m e nt s are i de ntifi ed in th e attached table

. Pl ease n o t e th at New H a mp s hire i s i n the process of readop ting C h apte r Env

- A 300, Amb ient A ir Q ua li ty S tan d a rd s , a nd w ill iss u e the rev i sed c h ap te r b y J ul y l, 2012. Until that time , DES will i ssue p ermi ts based o n co m p lia nce w ith th e AAQS fo r lead

. I f yo u h ave an y ques ti o n s, p l ease co ntac t m e a t (603) 27 1- 1088 or Charl ie Martone of m y s taff at (6 0 3) 27 1-1 089.

cc: Dave Conroy , EPA R egion I An ne Arnold , E P A R egion I 

### S ince re ly,

R o bert R
. Scot t Di rec to r , A ir R eso u rces D iv i s i o n

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

November 7, 2011

Prepared by 

# The New Hampshire Department of Environmental Services

-..L' NEW H AMPS HI RE DEPARTMENT OF 

# Environmental Services
Air Resources DivisionPage I 

## Certification of New Hampshire's State Implementation Plan Adeq uacy Regarding Clean Air Act Sections llO(a)(l) and (2) for Lead (Pb) Purpose This document provides certificat ion to the U.S. Env ironm ental Protection Agency (EPA) that New H a mp shi re's State Impl e m e ntation Plan (S IP ) for air quality meets the ·'infrastructure" req ui r e m e nt s of secti ons 1 1O( a)( 1) and (2) of the C lea n A ir Act (CAA) f o r lead (P b)
. On October 1 5, 2008, EPA rev i sed th e primary a nd seco nd ar y Pb AAQS from 1.5 mic rograms per c ubi c meter ()..lg/m 3) 

### to 0.15 )..l g/ m 3

. 

### Purs uan t to sectio n s 110(a)(l) and IIO(a)(2) of the CAA, each S tate is required to s ubmit a plan to pro v id e for the implementation , maintenance. and e nf o rcem e nt of a newly prom ul gat ed or revised AAQS
. The CAA directs s tates to address basic S IP requ ire m e nt s to e nsure atta inment and m a inte nan ce of the AAQS. The CAA p rovides t h at s tates are to s ubmit S IP s ad dress in g the re quire m e nt s of sections II O(a)( 1 ) and 1 1O(a)(2) within three years of promu lgation of a new o r re v i se d standard. 1 

### Acco rdin g ly, states are requ ired to rev i ew and rev ise, as app ropriate, their existing Pb AAQS S IP s to e n sure that the S IP s a re ade qu a te to add ress the n ew NAAQS
. T he applicable EPA re g ulati o n s govemin g S IP su bmitta ls (40 CFR Part 51) includ e but are not li mited to:

· Subpatt I

- Rev iew of New So ur ces and Modifications
· Subpatt 

### J

- A mbi e nt A ir Qua li ty Surve ill an ce • Subpatt K- Source Su rve ill ance
· S ubpatt L - L egal Auth o ri ty
· Subpatt M- Intergovernm e nta l Co n su l tation

· Subpa1t 

### 0

- Miscellaneous P lan Content Requirements

· Subpart P

- Pro te c ti o n of Visibi li ty
· Subpa1t Q

- R epo tts. Many of th e secti on 11 O(a)(2) S IP e leme nts re late to the general information and authorities that cons titu te th e " infrastructure" of a state's ai r qua li ty managem ent p rogram. and these have been in place since the initial S IP s were subm itted in re spo nse to the 1970 CAA. To the extent that e lement s of a state's ex istin g approved in frastructure S IP meet the requirement s of sections 11 O(a)(l) a nd (2) fo r the 2008 Pb NAA QS , th e S IP s ubmi ss ion may cite the applicable provisions in the ex i stin g S IP and s h ow h ow co mplian ce w ith each s u c h e lement is achieved

. Section 11 O(a)(2) of the CAA directs a ll sta t es to develop and maintain an ai r quality management infrastructure t hat include s e nfo rceab le e mi ss io n limitat ions, an ambient monitorin g program. an enforcem ent pro gram, air q u a li ty m odelin g capab iliti es, and adequate pe rsonnel , reso urce s, and legal autho rit y . Section 11 O(a)(2)(D) a lso directs SIPs to prevent emissions fro m w ithin the state that co ntribute s ignifican tl y to n o n atta inrn e nt in a ny ot her s tate, o r th at interfere with maintenance in any other state , o r th at in terfe re w ith program s under part C of the CAA to prevent significa nt deterioration of a ir quality o r to protect v i sib ilit y i n any o the r state.

1 A l though th e effective date of the Federal Register not i ce for the fi nal rule was Ja nu ary 1 2, 2009, the rule was s i

g ned by the Administrator and pub li c ly di sseminated on Octobe r 15,2008

. The refore, EPA has stated that the deadline fo r s ubmittal of in fi·astructure S IP s for the 2008 Pb NAAQS is October 15 , 20 II. http: //www.epa.gov / oaqpsOO 1 / lead/fi-/2008 111 2
. pdfPag e 2 

### Background The C lean Air Act requ ires EPA to set national ambient air quality standa rd s (NAA QS ) for
" criteria pollutants," which are lead, ozone, nitrogen oxides, carbon monoxide , sulfur oxides, and particulate matter. The law also requires EPA to periodicall y rev iew the standard s and rev i se them , if appropriate , to ensure that they provide the requisite amount of health and envi ronmenta l protection. On October 15, 2008 , EPA sub stantiall y strengthened the T AAQS for lead , making them 10 time s more stringent than the prev ious (1978) standa rd s. T h e revised prin1ary (h ealth-base d) standa rd of 0.15 f.tg/m 3 

### will improve health protection for at-risk groups , especially children. Like the previo u s

AAQS, the ne w s tandard wi ll be measured as the concentratio n of lead in total suspended particulate (TSP), reflecting evidence that lead particles of a ll s izes pose potential health ri sks. EPA re v ised the secondary (we lfare -based) standard to b e identical in all respects to the primar y standard. Lead i s a metal found naturall y in th e environment and is present in some m anufactured prod ucts. The major sources of lead air emissions have historically been motor vehicl es (such as cars and trucks) and industTial sources. Mo tor vehicl e emiss ion s have been dramaticall y redu ced with the phase-out of leaded gaso line, but lead is still u sed as an add itive in general av iatio n gasoline used in piston-engine aircraft and remains a trace contaminant in other fuels. Larger industrial sources of lead emissions currently include meta ls processing, particularly primary and seco nd ary lead sme lters . Lead i s a lso emitted f rom indu strie s such as iron and stee l foundries; primary and seco nd ary copper s melting ; industrial , commercial , and in stitutional boilers; waste incinerators; glass manufact uring; and cem ent manufacturing. The U nited States ha s made tremendous progress in red ucin g lead co n centrati ons in the amb ient air. ationwide, average concentrations of lead in the a ir have dropped n early 94 pe rcent between 1 980 and 2 007. Much of this dramatic improvement occur r ed as a result of the permanent phaseout of lead in non- avi ation gasoline. Another indic ator of pro gre ss in the reduction of ai rb orne lead in the environment is the drop in chi ldren's b lood lead level s over time

. Since the late 1 970s, average blood lead co n centration for chi ldren aged 1 to 5 have dropped s ig nificantly , from abo ut 15 micro gram s per deciliter (f.tg/dL) to less than 2 f.tg/dL. However, new studi es show that health effects occur even at very low blood lead levels. The revi sed standards are based on EPA ' s review of more than 6,000 studi es pub li shed s ince 1990 on lead h ealth effects , environmental effects, and lead in the air

. Evidence from health studies sho ws that adverse effects occur at much lower leve l s of lead in blood than previous ly thought. Children are particu lar ly vulnerabl e to the effects of lead. Exposures to low levels of lead earl y in life have been linked to effects on IQ , learnin g, memory, and behav ior. There is no known safe level of l ead in the body. Sin1ilarly, a si gn ificant number of ne w studie s cond u cted since 1978 show an association between l ead pollution and adverse effects on organisms and ecosystems
. Ho wever, th ere was in s uffi cie nt evidence linking variou s effects to specific level s of lead in the air for EPA to se lect a diff erent level for the secondary lead s tandard at thi s time.

### Page 3



### This page int entionally left blank.Page4 

## Overview of How New Hampshire ' s Program Satisfies the CAA2 

## Section 11 O(a)(1) and (2) SIP Requirements for Lead (Pb) CAA Section and New Hampshire Program Comment SIP R equirement 11 O(a)(2)(A) Emission limits and RSA 21-0 Department of Environmental Services and other control measures RSA 125-C Air Pollution Control. Powe rs of the Commissioner

. Regulations

. Fees

. General Permits

. " incl ude enforceable em i ssion limitations and other control New Hampshire Code of Administrative Rules, measures , means , or techniques Department of Environmental Services: The fo llowing ( including economic incentives such chapters and parts have general and specific applicability to as fees , marketable permits , and sources of lea d, including sources of particulate matter that auctions of emissions rights) , as contain lead : well as schedules and timetables CHAPTER Env-A 300 Ambient Air Quality Standards , for comp lian ce as may be eff

. 2-28-04 Because le ad is necess ary or appropriate to meet normally associated the applicable requ i rements of this - Part Env-A 303 Primary and**Seconda~** Ambient Air with PM , control of Act ;" Quality Standards for Particulate Matter the latter i s relevant to -Part Env
- A 308 Primary and Secondary Ambient Ai r control of lead

Quality Standards for Lead 3 emissions

. CHAPTER Env-A 500 Standards Applicable to Certain Blue font signifies NH rules with New or Modified Facilities and Sources of Hazardous Air provisions specific to lead. Pollutants , eff

. 1-23
- 10

- Part Env-A 503 New Source Performance Standards Green font signifies NH rules CHAPTER Env
- A 600 Statewide Permit System , without provisions specific to lead but with provisions for particulate eff

. 4 -26-03 matter that may contain lead. - Part Env-A 606 Ai r Po lluti on Dispersion M ode ling I mpact Analysis Requirements , amend. 10-1 -10

- Part Env-A 619 Prevention of Significant Deterio rat ion

(PSD) of Air Quality Permit Requirements , amend

. 12-21-10 CHAPTER Env
-A 700 Permit Fee System , eff. 4 -26-1 1

- Part Env-A 702 Application Review and M odeling Fees

- Part Env-A 703 Permit Review Fees

- Part Env-A 704 T est ing and Monitoring Fees for

Temporary Permits

- Part Env
- A 705 Em iss ion
- Based Fe e CHAPTER Env-A 800 Testing And Monitoring Procedures , eff

. 10 -31-10

- Part Env-A 802 Compliance Stack Testing for Stationary

Sou rces

- Part Env
-A 808 Continuous Emis sion Mon itoring

- Part Env-A 809 Approval of Alternate Methods

-CONTINU ED
2 CAA refers to the Clean Air Act. Other abbreviations are as follows :

CF R refers to the U.S

. Code of Federal Regulations

. RSA refers to the N ew Hampshire Revised Statutes Annota ted

. Env-A refers to the Adm i nistrative Rules Governing the Contro l of Air Pollut i on of the N ew Hampshire Department of Environmenta l Services NHDES refers to the N ew H a m pshire Department of Environmenta l Services

. 3 S t a ndards are being rev is ed to confo rm to 2 008 NAAQS and s h o uld be final by July 1, 2012
.

### CAA Section and SIP Requirement

11 O(a)(2)(B) Ambient air quality monitoring/ data system

" provide for establishment and operation of appropriate devices , methods , systems , and procedures necessary to - (i) monitor, compile , and analyze data on ambient air quality , and (ii) upon request , make such data available to the Administrator ;" 

### New Hampshire Program
CONTINUEDCHAPTER Env-A 1900 Incinerators and Wood Waste Burners (former ly Part Env-A 1201 ), eff

. 2-26-05

-Part Env-A 1904 Particulate Matter Emission Standards

for Incinerators and Wood Waste Burners CHAPTER Env-A 2000 Fuel Burning Devices (formerly Part Env-A 1202) , eff

. 4-23-05

-Subparts Env
- A 2002.06 thru 2002.10 Particulate

Emission Standards for Fuel Burning Dev ices CHAPTER Env-A 2100 Particulate Matter and Visible Emissions Standards (formerly Part Env-A 1203) , eff

. 11-24-04 CHAPTER Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations (formerly Env-A 1206) , eff

. 11-24-0 4 CHAPTER Env-A 3300 Municipal Waste Combustion , eff

. 2-2-08 CHAPTER Env-A 3500 Hospital/Medical/Infectio u s Waste Incineration , eff. 1-5-07 CHAPTER Env-A 4300 Other So l id Waste Incineration , eff. 1-5-07 40 CFR Part 58 Ambient Air Quality Surveillance: New Hampshire prepares and submits an annual Air Monitoring Network Plan

. NHDES collects and reports ambient air quality data for 0 3 , S0 2 , N02 , CO , PM 10 and PM 2 .5 . Air quality data for Pb will be included in 2012

. The data are reviewed and validated before be i ng sent to the EPA air quality system , no later than 90 days after the end of a calendar quarter

. RSA 125-C:6 Powers and Duties of the Commissioner:

- RSA 125
- C:6, IV authorizes the Commiss i oner to co ll ect

and disseminate the results of studies re l at i ng to ai r quality

.

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

and cooperate with agencies of the federal government

- RSA 125-C:6, XVI authorizes the Commiss ioner to

establish an air quality monitoring equ i pment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidel i nes and to assure the reliability and accuracy of the network equipment 

### Page 5 

### Comment

For lead sme lters , li mits 

## so 2 emissions as proxy for lead

. Specifies Pb emission limits

. Spec ifies Pb em ission limits

. Specifies Pb em i ss ion lim its

. NHDES submitted a 2011 /2012 annua l network review and plan to EPA on June 21 , 2011

. New Hampshire has a single Pb monitor , installed at an NCore site in Londonderry. Monitori ng for Pb will begin at th is l ocat i on by January 1 , 2012

.

### Pa ge 6 

### CAA Section and New Hampshire Program Comment SIP Requiremen t 11 O (a)(2)(C) Program for RSA 125-C:4 Rulemaking Authority ; Subpoena Power : T hese statutes enforcement of control measures

- RSA 125-C:4 , I authorizes rulemaking to control ( RSAs) establish legal authority for the
" i nclude a program to provide for emissions and es tab lish a p e rmit program. enforcement of N ew the enforcement of the measures RSA 125-C:11 Permit Required provides for a permit Ha mpshire R ules described in subparagraph (A) , and program , permits with enforceable emission limits, and Governing the Control regulation of the modification and emissio n con trol measures. of Air P ollu t ion construct i on of any stationary RSA 125-C:15 Enforcement: ( Env- A 100- 4 800)

. sou rce within the areas covered by the plan as necessary to assure - RSA 125-C:15 , I authorizes NHDE S to issue orders to that national ambient air quality correct violations RSA 125-C. standards are achieved , including a

- RSA 125-C:15, 1-b , II, Ill and IV p rovide for penalties for permit program as required in parts C and D ;" violations of RSA 125-C. CHAPTER Env-A 600 Statewide Permit System , eff. 4-26- 03 , and amend. 1 0- 1- 10 , 12 -21- 10

- Part Env-A 619 Pre vention of Significant Deterioration

( PSD ) o f Ai r Quality Permit Requirements 11 O ( a )( 2 )( D ) I n terstate transport Revision to the New Hampshire State Impl eme ntation NHDES submitted Plan: SI P revision addressing interstate air pollution this plan to EPA on " contain adequate provisions- t ra nsport to fu l fi ll the requirements of CAA section March 11 , 2008. (i ) prohibiting , consistent w it h the 11 O(a )( 2)(D)(i). provisions of this t itle , any source RSA 125-C : 6. XV and Part Env-A 619 address the Ne w major sources or other type of emissions activity with i n the State from emitting any preven t ion of significant deterioration ( PSD ) of ambient air and modifications of air pollutant in amounts wh i ch will qua lit y in relat i on to interst ate transport of pollutants and major sources are ( I ) contribu t e signi f icantly to p rotect i on of air quality i n Class I internationa l parks
- see subject to Env-A 6 1 9. p ro gram descript ion for CAA section 1 10(a) (2)(J). N ot i fication nonattainment in , or interfere requirements of N ew with maintenance by , any other CHAPTER Env-A 600 Statewide Permit System , H ampshire ' s PSD State with respect to any such eff. 4-26
- 03 , and amend. 10-1-10 , 12
- 21
- 10 program are relevant. nationa l primary o r secondary ambient air qua l ity standa rd , or - Part Env-A 619 Prevention of Sign ifi cant Deterioration N ew H ampsh ire has ( II ) interfere with measures ( PSD ) of Air Quality Permit R equirements no Pb sources wi thin required to be included in the two miles of the NH applicab l e implementation p l an borde r t h at meet or for any other State under part C exceed EPA ' s 0.5 to prevent significant ton-per - year deteri oration of air quality or to guidance on protect visibility , sign i ficant cont r ibution ( i i ) insuring compliance with the and no sin g le source applicable requirements of sections la rge enough to 126 and 115 (relating to i nterstate cause am b ie n t Pb and international pollution concentrations t o abatement) ;" app roach the N AAQS. (Refer to technical attachment to Pb designation request letter , Octobe r 15 , 2009

. )Page 7 

### CAA Section and N ew Hampshire Program Comment S IP Requi remen t 11 O(a)(2)(E) Adequate resources RSA 1 2 5- C:G Powers and Duties of the Commissioner NHDES is the authorizes the NHDES Commissioner to enforce the state ' s principal agency " provide- air laws , establish a permit program , accept and admin i ster responsible for (i) necessary assurances that the grants , and exercise all incidental powers necessary to carry carrying out the State (or, except where the out the law

. provisions of New Administrator deems inappropriate , Hampshire ' s SIP. the general purpose local RSA 125-C:12 Admini strat ive Requirements authorizes government or governments , or a the Commissioner to collect fees to recover the costs of In FY 2011
- 2012 , regio nal agency designated by the reviewing and acting upon permit applications and enforcing total EPA funding State or general purpose local the terms of permits issued. support for NHDES ' s governments for such purpose) will Air Resources have adequate personnel , funding , The State of New Hampshire Air Quality Impl ementation Division equals 35 % and authority under State (and , as Plan (SIP) , as originally submitted on January 27 , 1972 , and of ARD ' s operating appropriate , local) law to carry out subsequently amended , describes the exist i ng organizations , budget. such implementation plan (and is manpower, funding , and physical resources to carry out the not prohibited by any provision of plan

. Federal or State law from carrying RSA 21-0:11 Air Resourc es Council establishes the NH out such implementation plan o r portion thereof) , Air Resources Council , a state board th a t has the authority to (ii) requirements that the State hear enforcement and permit appeals. The Council consists comply with the requirements of 11 membe rs , 6 of whom must represent the pub l ic interest. respecting State boards under Th ose representing the public inter es t may not derive any section 128 , and significant po rt ion of their income from persons subject to (iii) necessary assurances that , permits or enforcement orders , and may not serve as attorney for , act as consultant for, serve as office r or director where the State has relied on a of , or hold any other officia l or co ntra c tu al relationship wi t h local or regional government , any person subject to permits or enforcement orders. agency , or in strumenta lity for the implementation of any plan provision , the State has responsibility for ensuring adequate imp lementation of such plan provision; " 11 O(a)(2)(F) Stationary source RSA 125-C:G Powers and Duti es of the Commissioner emissions monitoring and reporting authorizes the Commissioner to require owners or operators of stationary sources to install , maintain , and use emission
" require , as may be prescribed by monitoring devices and to make periodic reports to the the Administrator- Commissioner on the nature and amounts of emissions from (i) the installation , maintenance , such stationary sources . The Commissioner shall have the and replacement of equipment , and authority to make such data avai lab le to the public and to the im plementat ion o f other require as necessary corre l ation with any applicable emission necessary steps , by owners or standards

. ope rators of stationary sources to CHAPTER E nv-A 800 Testing a nd Monitoring Procedures , monitor emissions from such sources , eft

. 10-31-10 , establishes minimum testing and mon itoring (ii) periodic reports on the nature procedures , calculation procedures , standards , and and amounts of emissions and requirements in order to determine comp l iance w i th emissions-related data from such applicable state and federal statutes and rules. Applicable so ur ces , and parts include: (iii) correlation of such reports by -Part Env-A 802 Compliance Stack T esting for Stationary the State agency with any emission Sources limitations or standards established

- Part Env-A 8 08 Continuous Emission Monitor i ng pursuant to this Act , which reports sha ll be available at reasonable - Part Env-A 809 Approval of Alternate Methods times for public inspection ;"

CONTINUE DPage 8 

### CAA Section and New H ampshire Program Comment SIP Req uiremen t CONTINUEDCHAPTER Env-A 900 Owner or Operator Record keeping and Reporting Obligations , eff

. 4-21-07 , 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 NHDES for the purposes of demonstrating compliance , compiling emission inventories , and developing air related strategic plans. Applicable parts include:

- Part Env-A 902 Availability of Records

- Part Env
- A 903 General Recordkeeping Requirements ,

amend

. 10-1-10

- Part Env-A 906 Additional Recordkeeping Requirements

- Part Env-A 907 General Reporting Requirements ,

amend

. 10-1-1 0

- 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 Under RSA 125-C:6 , V II , emission data is not considered confidential information. 11 O(a)(2)(G) Emergency power RSA 125-C:4 Rulemaking Authority; Subpoena Power:

- RSA 125-C: 4, I( c) requires the Commissioner to adopt Based on a review of
" provide for authority compa rable to NH ' s sources of lead that in section 303 and adequate rules relative to "procedures to meet air pollution and historic ambient contingency plans to implement emergencies , as authorized by RSA 125-C : 9 ." monitoring data , such authority ;" RSA 125-C:9 Authority of the Commissioner in Cases of NHDES does not believe that a more Emergency states : "Whenever the commissioner finds that specific contingency an air pollution emergency exi sts requiring immediate action plan is needed to to protect the public health , welfare , or safety , he may with adequately respond consent of the governor and council issue an order reciting to any lead the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency events. emergency . Such order shall be effective immediately

. Any person to whom such an order is directed shall comply therewith

. The commissioner sha ll rescind or abate such order as soon as the eme rg ency ceases to exist. "

### CAA Sec t ion an d SIP Re q uiremen t 110 (a)(2)(H) Future SIP revisions

" provide for revis ion of such plan
- (i) from time to time as may b e necessary to ta ke accoun t of revisions of such national primary or secondary ambient air quality st anda rd or the availabi l ity of improved or more expedit i ous met hods of attaining such standard , and (ii) except as provided in parag raph (3)(C) , wheneve r the Administrator fi nds on the basis of information available t o t he A dmi n is tra tor t h at the p lan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise comp ly with any add it ion a l re q ui re me nts es t a b lished unde r this Act; " 11 O(a)(2)(1) N onattainment a reas

" in the case of a plan or pla n rev i si o n for an a re a desig n ated as a nonattainment area , .. . " 11 O(a)(2) ( J) Consultation with gove rnment offici a l s

" m ee t t h e a p p l ica b l e requ iremen t s of sect ion 121 ( re lating to co ns ultat ion) , ... " 

### New Hampshire P ro g ra m RSA 125-C : 6 Powers and Duties of t he Commiss ion er states : " In addi t ion to the other powers and duties granted herein , t he commissio n e r shall have and may exercise the followi ng powe rs a nd d uties:

... II

. D eveloping a com prehensive p rog ram and provide services for the study , prevention and abat ement of air pollution

... " In addition to this legal authority , CHAPTER Env-A 200 Procedural Rules , Part Env - A 204 Public Hearings o n t h e State Implementation Plan , eft

. 7- 28
- 04, provides procedures fo r State Implementation Plan hearings.

RSA 125-C:6 Powers and Duties of th e Commissio ne r states: " In addition to the other powers and duties granted h ere i n , the commiss io n e r sha ll h ave and may exerci s e the following powe rs an d d uties : ... V

. Advising , co n s ul ting , and cooperat in g with the cities and towns and other agencies of the state , f ede ra l government , interstate agencies , and other affected agencies or groups in matters re l ating to ai r qua li ty ; V I. E ncouraging local units to promote cooperat i on by the people , political subdiv isions , indust ries , and others in preventing and controlling air pollution in the state;

.. . X III. Coo rdinati n g and regulating the a i r pollution control p rograms of po li tical s ub divis i o n s of the state and entering agree m e n ts wi t h sai d su bdivis i ons to plan o r i mplement programs for the contro l and abatement of a i r pollution

.. . " CHAPTER Env-A 600 Statewide Permit System:

- Part Env -A 621 Permit Notice and He a ring

Procedures: Temporary P e rmits and P e rmits to Operate , eft

. 7-28
- 04

- , specifies the public notice and hearing procedures that

apply to all applications for the issuance of , amendment to , or denial o f temporary permits and permits to operate

.

- Part Env-A 622 Permit Notice and Hea ring

Procedures: Title V Operating Permi t s , eft. 7-2 8-04 , amend. 10-1-10 , specifies the pub lic notice and hearing procedures that apply to all applications for the i ssua nce, significant modificat ion to or renewal of Tit le V operating permits f i l es with the department and all requests for Title V operating p e rmit re-open i ngs . Page 9 

### C o m me nt

Not appl icable to in frastructure Sl Ps per EP A guidance.

### CAA Section and SIP Requirement 11 O (a)(2)(J) Pub lic notification

" meet the applicable req uirements of

... section 127 (relat i ng to pub li c notification) , ... "

1 1O(a)(2)(J) PSD and visibi lity protection

" meet the applicab l e requirements of

.. . part C (relat ing to prevention of significant det er i oration of air quality and visibi li ty protection) ;" 

### New Hampshire Program RSA 125-C:6 Powers and Duties of the Commissioner states : " I n 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 relat in g to air quality ; V

. Advis i ng , 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 relat i ng to air quality ; V I. Encouraging local units to promote cooperation by the people , political subdivisions , industries , and others in preventing and controlling air pollution in the state ; . . . " I n i mp l ementing this authority , NHDES issues press releases and posts wa rnings on its website , advising people what the y can do help prevent N AAQS exceedances and avoid adverse health effects of poor quality air days. NHDES is one of the state partners participating in EPA ' s AIRNOW and Enviroflash Air Quality Alert programs . RSA 125 - C:6 Powers and Duties of the Commissioner states : " I n addition to the ot h er powe rs and duties granted herein , the commissioner shall have and may exercise the foll owing powers and duties : ... XV

. Implementing a program of p revention of significant deteriorat ion of ambient air quality by establ is h i ng air qual ity i ncrements limiting the maximum allowable increases in the amounts o f air pollutants provided such increments are not less stringent than those specified in the Clean Air Act and amendments thereto , and in regulations promulgated thereunder ; ... " CHAPTER Env-A 600 Statewide Permit System , Part Env-A 619 , eff. 4 -26- 03 , amend

. 10
- 1
- 10 , 12-21-10 , Prevention of Significant Deteriorati on (PSD) of Air Quality Pe rmit Requirements addresses the PSD of air quality and visibility protection , in comp l iance with the requ irements of 40 CFR 5 1

. 166 , 40 CFR 52 .2 1 and RSA125
- C

. Page 10 

### Commen t

Pro visions re l ated to visibility protection are not applicable t o estab li shment of a new primary NAAQS per EPA guidance

.

EPA has not promulgated new PSD requirements relating t o l ead. Should it do so , NHDES w ill adopt them as soon as po ssi b le.P age II 

### CAA Secti on an d N ew Hamps h ire Pro g ram Co m m e nt S IP Re q ui reme nt 11 O(a) (2)(K) Air quality R SA 125 - C: 4 Rulemaking Au t hori t y ; Sub poena Powe r: modeling / data

- RSA 125 - C : 4 , l(a) requires the Commissioner to adopt "provide fo r - ru l es re l ative to " the prevention , control , abatement , and limitation of a i r po ll ution , including , but not l i m ited to , open (i) t he perfo r mance of such air air source po ll ution , mobile source po ll ution, and quality modeling as the stationary source pollution ." Administrator may prescribe for the purpose of predicting the effect on R SA 125 - C:6 Powers and Duties of t h e Commission er: am b ient a i r q u a l ity of any emissions

- RSA 125 - C:6 , I authorizes the Commissioner to e xercise of any air pollutant for which the general supervisio n of the administration and enforcement Administrator has established a of N ew H ampshire ' s air pollution control laws. nationa l ambient air quality

- RSA 125-C : 6 , II authorizes the Comm issioner to develop standard , and a comp rehensive program and prov ide services for the (ii) t h e submissio n , upon request , study , p revent i on , and abateme n t of a i r pollut i on. of d at a related to such air qual i ty

- RSA 125 - C:6 , Ill autho r izes the Comm i ssioner to conduct modeling to the Adminis t rator ;" and encourage studies relating to air quality.

- 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 authori z es the Commissioner to consult

and cooperate with agencies of the federal government.

- RSA 125 - C:6 , X authorizes the Commissioner to exercise

a ll incidental powers necessary to carry out the purposes of New H am pshire ' s air pollution cont rol laws. CHAPTER Env-A 600 Statewide Permit Syste m :

- Part Env - A 606 Air pollution Disp e rsion Mod e ling

Impact Analysis Requirements , eft

. 4-26-03 , specifies the air po ll u t ion dispersion mode l ing impact analysis re q u irements t hat s h all apply to owners and operators of certain sources an d devices in order to demonstrate compliance with the New H ampsh i re State Implementation Plan , RSA 125-C, RSA 125- 1, and any rules adopted thereunder

. 11 O(a)(2)( L) Permitting fees RSA 125 - C:4 Rulemaking Authority; Subp oe na Powe r :

" require the owner or operator of - RSA 125-C : 4 , l(i) requires the Commissioner to adopt rules relative to " fees for permit application and review , as each major stationary source to pay authorized by RSA 125
-C : 12 , IV-d. " to t h e permitting authority , as a condition of any p e rmit requ i red RSA 125 - C:12 Administrative Require m e n ts states : under this Act , a fee sufficient to "

... IV

. As a condition of any permit or authorization requ ire d cover- ( i) the reasonable costs of reviewing or any requested applicability determinat io n , the and acting upon any application for commissioner may require payment of a fee to cover the such a pe rmit , and reasonab l e costs of reviewing and acting upon the ( i i) if the ow n er or operator receives application for a permit a permit for such source , the IV-a

. The applicant shall pay any cost or expense associated reasonable costs of implementing with public notices or notifications in the permit process. and enfo rcing the t erms and I V
- b

. As a condition o f any permit or autho r izat ion required , conditions of any s u ch permit (not the commissioner may require payment of an annual including any co urt costs or other em issions fee sufficient to cover the costs of implementing or costs associated with any enforcing the permit program authorized by this chapter enforcement action) , until such fee including: requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V ;"

- CO NTINUE DPag e 12 

### CAA Section and New Hampshire Program Comment SIP Requirement CONTINUED- (a) The costs of reviewing and acting upon any permit renewal ; (b ) Emissions and ambient monitoring , for those costs incurred under the permitting program ; (c) Preparing generally applicable rules or guidance ; (d) Modeling , monitoring , analyses , and compliance demonstrations ; (e) Preparing inventories and tracking emissions ; and 

### (f) Inspections and enforcement. IV-c. I n lieu of the annual emissions fee specified in paragraph IV-b , as a condition of any permit or authorization required , the commissioner may require payment of a onetime fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including the provisions specified in paragraph IV-b

. IV-d

. The commissioner shall adopt rules relative to a fee schedule for applicants and the collection of fees under the schedule. All fees and monetary grants , gifts , donations , or inte rest generated by these f unds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the air resources fund and shall be continually appropriated to the department for the administration of this chapter. V

. Fees required to be collected from affected sources by the Clean Air Act as authorized under this section shall be deposited in the air resources fund , s hall 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 , eff

. 4-26-11 : The purpose of this chapter i s 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 , amendment to , modification to , renewal of , or any comb ination of the foregoing actions to a tem porary permit , state permit to operate , or Titl e 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 T it l e V operating permit program. In particular , Env-A 705 establishes the em i ssion fee program for Title V and non-Title V sources .Page 13 

### CAA Section and New Hampshire Program Commen t SIP Requiremen t 11 O(a)(2)(M) Consultation and RSA 125-C:G Powers and Duties of the Commissioner NHDES is the participation by affected local states: " I n add it io n to the other powers and duties granted principal agency entities herein , the commissioner shall have and may exercise the responsible for following powers and duties : ... carrying out the
" provide for consultation and V

. Advising , consulti n g , and cooperat i ng with the c ities and provisions of New participation by local political towns and other agencies of the state , federal government , Hampshire ' s SIP. subdivisions affected by the plan ." interstate agencies , and other affected agencies or groups New Ham pshire does in matters relating to air quality ; not rely on any local V I. Encouraging loca l units to promote cooperation by the or reg ional people , political subdivisions , industri es , and others in government , agency , preventing and cont ro ll ing air pollution in the state ; ... or instrumentality for XII I. Coo rdinat i ng and regulating the air po llution control im plementing any programs of political subdivisions of the state and entering aspect of the SIP

. agreements wit h said subdivisions to plan or implement programs for the control and abatement of air pollution

... " CHAPTER Env-A 200 Procedural Rules , Part Env-A 204 Publ ic Hearings on the State Implementation Plan provides procedures fo r State I mp leme ntation Plan hearings

. See also program description for section 11 O ( a)(2 )( J ) requirements

.

# 561033 UNION LEAD ER CORPORATION

POBOX9513 MANCHESTER, NH 03108



## .RECEIVED NEW HAMPSHIRE



# SEP 

# a ·o 2

0

H
STATE OF NH ST/ AI R RESOURCES COMM ATT VALERIE DAVID 

### AIR RESOURC ES DIVIS I OI\I PO BOX 95 CONCORD NH 03302-0095

I hereby certi fy that the legal notice of PUB H EARING 1OAM 10/3/11, PO numbcr:BA RB ARA H O FF MAN was published in the New Hampshire Union Leader and/or New Hampshire Sunday News , newspapers printed at Manchester, NH by the Union Leade r Corp. On: 09/02/2011

State of New Hampshire Hillsborough Cou n ty Subscribed and sworn to before me t his 15th day of S eptember, 2011------------------------------------------- ---- -------STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES A I R RESOURCES DIVISION CONCORD, N EW HAMPSHIRE NO T ICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING In accordance wi th New H ampshire Administrative Rule Env-A 204

. 01 ( b) and T it l e 40 of the Code of Federal Regulations ( CFR) Section 51.102, notice i s hereby give n that t h e New Hampshire Department of Env i ronmental Services, Air Resources Division (t h e D epartme nt ) has prepared , and i n tends to submit to the U.S. Env ironmental Protection Agency , a certificat i on of the adequacy of New Hampshire's Sta t e Implementation Pla n ( SIP ) to meet the requirements of the federal Clean Air Act, section 110 (a ) (1) and (2 ) , pertaining to in fra structure r equ irements f or f edera l air q uality standards

. The federal requirements t h at New Hampshire and other states must meet are contained in Ti tle 40 : Protectio n of En vi ronm en t , section 50.12, National Pr ima ry and Secondary Air Q u ality Standards f or Le ad. T h is SIP certification i s submitted in response to the rev i sed National Ambient A ir Quality Standards (NAAQS) for Lead as promulgated by EPA on November 12 , 2008

. For sta te s s u c h as New Hampshire that are already meeting these air quality standa rd s , EPA expects states to make cert ifi catio n of SIP adeq ua cy wit hin three years after the date of promulgat io n of the standards. T he Department hereby so lic its co mm e n ts and ha s scheduled a public hearing on this S IP cert if ication. Comments must be submitted i n writing or by email to Charles Martone, Air Resources Division, NH Department of Env i ronmental Serv ices, P.O. Box 95, Concord, NH 03302-0095; email Charles.Mar tone @ des.nh.gov. A p ublic hear ing a t the Department offices h as been scheduled for 10:00 a.m., Mo nda y, October 3, 2011 , in Room 114 at 29 Hazen D r ive, Conco r d, NH 03301. A ll comments on the p r oposed SIP certi fi catio n mu st be recei v ed b y 4 :00p.m

. on Monday , O ctob e r 3 , 2011, to be e ntered into the record. A copy of the SIP certificat ion of adeq u acy is ava il ab l e for public in s pection at t he Depa r tme n t's offices a t 29 H aze n Dri ve, Conco rd , NH, during regular work ing hours from 8 : 00a

. m. t o 4 : 00p.m., Mon d ay throug h Friday. Th e main text of the SI P certification may be do wn lo aded from t he Department ' s websit e at http : / /des.nh

. gov, a s abov e . Robert R. Scott D ire ctor , A ir Resources Di v i s i on NH Depa r tm e nt of En v ironme ntal S e rvices Dated: Sept e mb e r 2 , 201 1 Appeared in: The Union Leader on Fr i day , 09 / 02/ 2011

htto://nh

. myp u b li cnot i ces . com/publicno t ice .a sp?pa g e=p u blicno t iceprint & adid =2 4 9 46 1 5

### The State ofNew Hampshire 

## DEPARTMENT OF ENVIRONMENTAL SERVICES Thomas S. Burack, Commissioner

CERTIFICATION OF PUBLIC PROCESS I hereby certif y that: In accordance with New Hamp shire Administrative Rule Env -A 204.01(b) and 40 CFR § 51. 10 2, public notice was given that the New Hamp s hire Department of Environmental Services , Air Re sou rce s Divi sion (D ES), intended to s ubmit for the approval of the U.S. Environmental Protection Agency (EPA) a revision to the New Hampshire State Implementation Plan (SIP). This revi s ion was for the purpose of certifying SIP adequacy with respect to Clean A ir Act sectio n 110(a)(l) and (2) for lead (Pb) , a criteria pollutant. A public hearing on the SIP re vis ion was held on October 3, 2011, at 10:00 a.m. , at the offices of DES , Room 114 , at 29 Hazen Drive , Concord, New Hampshire. DES provided opportunity to members of the public to subm it oral comments during the hearing and written comments at any time from September 2, 20 11 , up to 4:00p.m. on the day ofthe hearing , for consideration by DES in preparing the final SIP revision. No members of the public appeared for the h eari ng. A copy of the draft SIP re v i s ion was availab le for public inspection at DES oftices during regular working hours from 8:00a.m. to 4:00p.m., Monday through Friday, throu ghout the comment period. The draft SIP revision was also available for downloading from the DES website at: http: //des.nh.gov/ organization / co mmi ss io ner / pip/calendar /20 ll/documents/20 Ill 003-nh-lead

- s ip.pdf. The public hearing notice was published in the 

### Union Leader, a new spaper of general , statewide circulation, on Friday , September 2 , 2011, more than thirty days prior to the date of the hearing. The above s tatement s are true to the best of m y knowledge and belief.

# ~~ Robert R. 

### Scott Director, Air Resource s Di v i s ion 

# 7 /VOV 

# II Date

### New H amp s hire L ead (Pb ) Infrastructure SIP Response to C omments


### NHD ES received written comments from two sou r ces durin g the p ubli c comment period fo r the draft lead (Pb) infrastructure S IP. A nne Arno ld of th e U .S. Env ironmental Protection Agenc y (EPA) , Reg ion I , pro v ided wr itte n co mm ents in a letter dated Septe mb er 29 , 201 1. Katie Lajoie , RN , submitted written comments in a letter email ed on October 3 , 2011. The fo llowing responds to the sub mitted comment s. EPA Com men ts 

### 1. It would be usef ul to sort the list o f Ne w Hamp sh ire state m e asures s hown within th e 'vv

rile-up for 11 O (a)(2)(A) in to 11· vo parts, w ith one part l isting the rule s that s pecificall y m ention Pb, such as Env-A 3300, Municipal Waste Combustion, and a second part listing rules that are targeted at contro l of particulate matter. wh ich s ometim es contains lead. Re s pon se : The tab le has been re v i sed to distinguish rules whic h appl y s p ecificall y to lead f rom tho se which ap pl y to particulate matter that may co ntain lead. 

### 2
. New Hamp s hire's primary and second my standards are located at section Env

- A 308, and for Pb provide a leve l of 1.5 micrograms per cub ic m ete r. This level matches EPA's previous Pb NAA QS which was updat ed to 0.15 micrograms per cubic m ete r in 2008. New Hamp s hire should updat e secti on Env

- A 308 to be cons istent with EPA's revis ed primary and secondar y ai r quality s tandard s

fo r lead. 

## If such an update do es not occur in conjunction wi th this S I

P s ubmittal, or s ooner , Ne w Hampshire should evaluat e wh e ther any of it

s air pollution co ntrol regula tions re quire complian ce w ith these now outdated s tat e air qualit y s tandard s, and discuss the result s of this anal ys is in it s infi· ·as tr ucture S IP s ubmittal. Respo n se : The f o llowing f oo tn ote w as added to Page 4: " Standards are be ing rev i sed to conform to 20 08 NAA QS and s h ou ld be final by Ju ly 1 , 2 01 2. " Al so , a s tat eme nt of assurance was added to the cover le tte r. 

### 3
. The write -u p for 11 O(a )(2)(8) indica tes that , "Air Quality da ta for Pb w ill be includ e d in 201 1
. . , How ever , th e se cond note in th e "Comment " column indica tes that monitoring for Pb w ill not begin until Janumy 1, 2012. This discrepancy s hould be resolve d in the final infi·as tru c tu re SIP document. Respo n se: 20 11 was corre cted to read co ns is tent ly as 20 1 2
. -1. 

### In New Ham pshire's write -upfo r 110(a )(2)(E) regardingfunding , th e re is a ca vea t that , "Funding to ca rr y out th e SIP is continge nt on EPA s upport. " EPA recommends that this word ing be rev ised t o s tate that EPAfunding c omplem ents s tate' s eff orts. Response: The c omment was re v i sed to indicate that EPA fund in g s uppo r t s New Hampsh ire's pro g ram.

### 5. Although EPA's draji guidance for Pb il?(rastructure SIPs did not provide extensive di rec t ion to states with rega rd to section 11 O(a)(2)(G), Emergency Episodes, our .fi nal guidance may contain additional i1 ?{ormation that New Hampshire should review as it prepares its SIP revis ion. Response: NHOES has rev iewed the fi na l gu idance and added the follow ing note in the co mm e nt co lu m n : .. Base d o n a rev iew of H 's so urces of lead and hi storic ambient mon ito ring d ata , H OES does n ot be li eve th at a mo re specific contingency p lan is needed to ade quate ly respo nd to a ny lead emergency eve nts. " 

### 6. Ne w Hampshire's entryfor section 1JO(a)(2)(J) includes m en tion of the slate's transportation conformity regulation. This can be left out ofthe.final Pb infra stru cture submillal, as cmiformity applies to nonallainment areas and allainment areas with a current ma intenance planfor the transportation relatedpollutants (N Ox , SOx. VOC, and the va r ious size fi"actions of PM). Response: The paragraph regard ing tra n spo t 1ation conformity was deleted. 7

. 

### Final g uidance fi"om EPA for states to use in development of Pb infrastructure SIPs has not been issued at this point. However , Region I notes that we have had discussions with EPA Headquarters regarding re · evaluation of EPA's significant monitoring concentration level for Pb. which currently stands at 0
. 1 micrograms per cubic meter on a 3 month rolling average {see -10 CFR 51.166(i)(5)(i)(g)}. in light of the low ered NAAQSf orlead. Similarly, we have also discussed re- evalua tion of the curren t thre shold used for gauging "significance·· of e miss ions increases fo r Pb. which currently stands at 0.6 tons per year {see -10 CFR 51.1 66(b)(23)}. We recommend that New Hampshire review EPA's final guidance · with regard to th ese two issues. Ne lv Hampshire's Env

- A 600, Statewide Permit System, for example, currently cites 0. 6 Ions per year of lead as the threshold for a significant net em issions increase. Response : EPA· s final gu idance does not spec ifically address the significant monitorin g concentration or the significant emi ssion l evel for lead. HOES added the following statement in the comment co lumn: .. E PA h as not promulgat ed new PSO requirement s re latin g to l ead. S ho uld it do so , HOES w ill adopt them as soon as poss i ble."


### Lajoie C omm e nts In h er letter, Ms. Lajo ie cited references to s upport the position that persistent toxic s ubsta nces suc h as lead are da nge ro u s to the e n v iro n ment and to human health , and th at th er e i s no safe leve l of these s ubs tan ces in the en v iro nme nt and i n the bl oo d : "Th is is co mm o n se n se and shou ld be re fl ected in ai r qua li ty s t an dards. The only safe emission level for lead is zero because th i s poll ut ant accumu lates in the env ironment and in the human body and causes harm i n low doses.··

### The commenter fmther s tated that , · 'A ir e mi ss io n s from waste incinerators a nd coal-fi red power plants emit le ad in a form that can be easi ly inhale d and in gested."' Th e com me nte r obse r ved that end

- of

-pipe remedi es are not an appro p riate so lution: "T he answer to the pollution prob lem doe s not in vo lve equipm e nt s uch as a baghou se or carbon inj e ction system. T hi s equipment s till all ows a dangerous amo unt o f lead and o th e r pollutants to ex it the s mokes tack, w hile al so shi ft ing pollution to the ash. The ash pre se nt s its own s et of prob lems during handling , transpott , and di sposal. " Ms. Lajoie s u gges ted that N HD ES do as fo llo ws: " Inform the public th at ze ro i s the onl y saf e emi ss ion standard for lead and other pe rs is te nt to x ic s ub s tan ces [ and] support the ph ase out of waste incinerator s an d coal-fired power p lant s. These major s tati o na ry s ource s re lease lead in a highl y bioava il ab le form. There ar e safe alternati ves that wo uld protect o ur air and water from the toxic load in g associated w i th persistent toxic s ub s tance s ." ' Re s ponse: The AAQS for lead are cons i s tent wi th the recommen d atio n s of EPA ' s C lean A ir Sci entifi c Advi sory Committee (CASAC), w h ich provide s ind epend ent ad v ice to the EPA Administrator on the technical base s for the T AAQS. By following CASAC's recommendations , EPA re vi s ed the lead AAQS in a manne r th at is pres um ab ly protective of th e public h ealth , w ith adeq uate safety marg in , as is required under sec tion 109(b ) ofthe Clean A ir Act. ew H amp s hire's obligation und er the C lea n A ir Act i s to ens ure that its S IP w ill pro v ide for the attainment, mainten anc e, and e nf o rc e m ent of the atio n al Am bi ent A ir Quali ty Stan d ard s . Th i s SIP revision certifie s that New H amps hire ' s S IP meets th at obl iga ti o n.