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: Certification of Adequacy for 2008 Lead Standard 

Dear Administrator 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. 

Under sections 11 O(a)(1) and (2) of the Clean 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 basic state 

implementation plan (SIP) requirements, including emissions inventories, 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 represents 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 prepared to submit this certification by that 

date but decided to wait until staff had the opportunity to review EPA's guidance, which was 

issued on October 14, 2011. 

The New Hampshire SIP was originally submitted to EPA on January 27, 1972, and has 

undergone numerous revisions since that date. For instance, New Hampshire submitted a lead 

infrastructure SIP on April 15, 1980, which it supplemented with additional information on 

procedures for reviewing new major sources of lead emissions and reference methods to be used. 

This SIP amendment was approved by EPA on July 15, 1981. 

New Hampshire's EPA-approved SIP, which is 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 

duties and powers of the Commissioner of the Department of Environmental Services (DES) and 

in applicable chapters and parts from the New Hampshire Rules Governing the Control of Air 

Pollution, NH Administrative Rules Env-A 100 et seq. 

DES Web Site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 27 1-3503 Fax: (603) 27 1-2181 TDD Access: Relay NH 1-800-735-2964 
Mr. Curl Spalding 

US. Environmemal Protection Agencv 

November 7, 20 II 

Page 2 

There are fourteen elements within sections l l O(a) (1) and (2) that ew Hampshire is 

required to meet in the certifi cation of adequacy. The specifi c statutes and administrative rules 

of the New Hampshire program that address those elements are identifi ed in the attached table. 

Please note that New Hampshire is in the process of readopting Chapter Env-A 300, Ambient Air 

Quality Standards, and will issue the revised chapter by July l, 2012. Until that time, DES will 

issue permits based on compliance with the AAQS fo r lead. 

If you have any questions, please contact me at (603) 27 1- 1088 or Charlie Martone of my 

staff at (603) 27 1-1 089. 

cc: Dave Conroy, EPA Region I 

Anne Arnold, EPA Region I 

Sincerely, 

Robert R. Scott 

Director, Air Resources Division 
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 HAMPSHIRE 

DEPARTMENT OF 

Environmental 

Services 

Air Resources Division 
Page I 

Certification of New Hampshire's State Implementation Plan Adequacy 

Regarding Clean Air Act Sections llO(a)(l) and (2) 

for Lead (Pb) 

Purpose 

This document provides certification to the U.S. Environmental Protection Agency (EPA) that 

New Hampshire's State Implementation Plan (SIP) for air quality meets the ·'infrastructure" 

requirements of sections 11 O(a)( 1) and (2) of the Clean Air Act (CAA) for lead (Pb ). 

On October 15, 2008, EPA revised the primary and secondary Pb AAQS from 1.5 micrograms 

per cubic meter ()..lg/m3

) to 0.15 )..lg/m

3

. Pursuant to sections 110(a)(l) and IIO(a)(2) of the CAA, 

each State is required to submit a plan to provide for the implementation, maintenance. and 

enforcement of a newly promulgated or revised AAQS. The CAA directs states to address basic 

SIP requirements to ensure attainment and maintenance of the AAQS. The CAA provides that 

states are to submit SIPs addressing the requirements of sections II O(a)(1) and 11 O(a)(2) within 

three years of promulgation of a new or revised standard. 1 

Accordingly, states are required to review and revise, as appropriate, their existing Pb AAQS 

SIPs to ensure that the SIPs are adequate to address the new NAAQS. The applicable EPA 

regulations goveming SIP submittals ( 40 CFR Part 51) include but are not limited to: 

· Subpatt I - Review of New Sources and Modifications 

· Subpatt J - Ambient Air Quality Surveillance 

• Subpatt K- Source Surveillance 

· Subpatt L - Legal Authority 

· Subpatt M- Intergovernmental Consultation 

· Subpa1t 0 - Miscellaneous Plan Content Requirements 

· Subpart P - Protection of Visibility 

· Subpa1t Q - Repotts. 

Many of the section 11 O(a)(2) SIP elements relate to the general information and authorities that 

constitute the "infrastructure" of a state's air quality management program. and these have been in 

place since the initial SIPs were submitted in response to the 1970 CAA. To the extent that 

elements of a state's existing approved infrastructure SIP meet the requirements of sections 

11 O(a)(l) and (2) for the 2008 Pb NAAQS, the SIP submission may cite the applicable provisions 

in the existing SIP and show how compliance with each such element is achieved. 

Section 11 O(a)(2) of the CAA directs all states to develop and maintain an air quality management 

infrastructure that includes enfo rceable emission limitations, an ambient monitoring program. an 

enforcement program, air quality modeling capabilities, and adequate personnel, resources, and 

legal authority. Section 11 O(a)(2)(D) also directs SIPs to prevent emissions from within the state 

that contribute significantly to nonattainrnent in any other state, or that interfere with maintenance 

in any other state, or that interfere with programs under part C of the CAA to prevent significant 

deterioration of air quality or to protect visibility in any other state. 

1 Although the effective date of the Federal Register notice for the fi nal rule was January 12, 2009, the rule was 

signed by the Administrator and publicly disseminated on October 15,2008. Therefore, EPA has stated that the 

deadline for submittal of in fi·astructure SIPs for the 2008 Pb NAAQS is October 15, 20 II. 

http://www.epa.gov/oaqpsOO 1/lead/fi-/2008 111 2.pdf 
Page 2 

Background 

The Clean Air Act requires EPA to set national ambient air quality standards (NAAQS) for 

"criteria pollutants," which are lead, ozone, nitrogen oxides, carbon monoxide, sulfur oxides, and 

particulate matter. The law also requires EPA to periodically review the standards and revise 

them, if appropriate, to ensure that they provide the requisite amount of health and environmental 

protection. 

On October 15, 2008, EPA substantially strengthened the TAAQS for lead, making them 10 times 

more stringent than the previous (1978) standards. The revised prin1ary (health-based) standard of 

0.15 f.tg/m3 will improve health protection for at-risk groups, especially children. Like the previous 

AAQS, the new standard will be measured as the concentration of lead in total suspended 

particulate (TSP), reflecting evidence that lead particles of all sizes pose potential health risks. 

EPA revised the secondary (welfare-based) standard to be identical in all respects to the primary 

standard. 

Lead is a metal found naturally in the environment and is present in some manufactured products. 

The major sources of lead air emissions have historically been motor vehicles (such as cars and 

trucks) and industTial sources. Motor vehicle emissions have been dramatically reduced with the 

phase-out of leaded gasoline, but lead is still used as an additive in general aviation gasoline used 

in piston-engine aircraft and remains a trace contaminant in other fuels. 

Larger industrial sources of lead emissions currently include metals processing, particularly 

primary and secondary lead smelters. Lead is also emitted from industries such as iron and steel 

foundries; primary and secondary copper smelting; industrial, commercial, and institutional 

boilers; waste incinerators; glass manufacturing; and cement manufacturing. 

The United States has made tremendous progress in reducing lead concentrations in the ambient 

air. ationwide, average concentrations of lead in the air have dropped nearly 94 percent between 

1980 and 2007. Much of this dramatic improvement occurred as a result of the permanent 

phaseout of lead in non-aviation gasoline. 

Another indicator of progress in the reduction of airborne lead in the environment is the drop in 

children's blood lead levels over time. Since the late 1970s, average blood lead concentration for 

children aged 1 to 5 have dropped significantly, from about 15 micrograms per deciliter (f.tg/dL) to 

less than 2 f.tg/dL. However, new studies show that health effects occur even at very low blood 

lead levels. 

The revised standards are based on EPA's review of more than 6,000 studies published since 1990 

on lead health effects, environmental effects, and lead in the air. Evidence from health studies 

shows that adverse effects occur at much lower levels of lead in blood than previously thought. 

Children are particularly vulnerable to the effects of lead. Exposures to low levels of lead early in 

life have been linked to effects on IQ, learning, memory, and behavior. There is no known safe 

level of lead in the body. 

Sin1ilarly, a significant number of new studies conducted since 1978 show an association between 

lead pollution and adverse effects on organisms and ecosystems. However, there was insufficient 

evidence linking various effects to specific levels of lead in the air for EPA to select a different 

level for the secondary lead standard at this time. 
Page 3 

This page intentionally 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 Requirement 

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. Powers of the 

Commissioner. Regulations. Fees. General Permits. 

"include enforceable emission 

limitations and other control New Hampshire Code of Administrative Rules, 

measures, means, or techniques Department of Environmental Services: The following 

(including economic incentives such chapters and parts have general and specific applicability to 

as fees, marketable permits, and sources of lead, 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 compliance as may be eff. 2-28-04 Because lead is 

necessary or appropriate to meet normally associated 

the applicable requirements of this - Part Env-A 303 Primary and Seconda~ Ambient Air with PM, control of 

Act;" Quality Standards for Particulate Matter the latter is relevant to 

-Part Env-A 308 Primary and Secondary Ambient Air control of lead 

Quality Standards for Lead3 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 Air Pollution Dispersion Modeling Impact 

Analysis Requirements, amend. 10-1-10 

- Part Env-A 619 Prevention of Significant Deterioration 

(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 Modeling Fees 

- Part Env-A 703 Permit Review Fees 

- Part Env-A 704 Testing and Monitoring Fees for 

Temporary Permits 

- Part Env-A 705 Emission-Based Fee 

CHAPTER Env-A 800 Testing And Monitoring 

Procedures, eff. 10-31-10 

- Part Env-A 802 Compliance Stack Testing for Stationary 

Sources 

- Part Env-A 808 Continuous Emission Monitoring 

- Part Env-A 809 Approval of Alternate Methods 

-CONTINUED 

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

CFR refers to the U.S. Code of Federal Regulations. 

RSA refers to the New Hampshire Revised Statutes Annotated. 

Env-A refers to the Administrative Rules Governing the Control of Air Pollution of the New Hampshire Department of Environmental Services 

NHDES refers to the New Hampshire Department of Environmental Services. 3 Standards are being revised to conform to 2008 NAAQS and should 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 (formerly 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 Devices 

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. 11-24-04 

CHAPTER Env-A 3300 Municipal Waste Combustion, 

eff. 2-2-08 

CHAPTER Env-A 3500 Hospital/Medical/Infectious Waste 

Incineration, eff. 1-5-07 

CHAPTER Env-A 4300 Other Solid 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, S02, N02 , CO, PM10 and 

PM2.

5. Air quality data for Pb will be included in 2012. The 

data are reviewed and validated before being 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 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 

- 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 

Page 5 

Comment 

For lead smelters, 

limits so2 emissions 

as proxy for lead. 

Specifies Pb emission 

limits. 

Specifies Pb emission 

limits. 

Specifies Pb emission 

limits. 

NHDES submitted a 

2011 /2012 annual 

network review and 

plan to EPA on June 

21 , 2011 . 

New Hampshire has 

a single Pb monitor, 

installed at an NCore 

site in Londonderry. 

Monitoring for Pb will 

begin at this location 

by January 1, 2012. 
Page 6 

CAA Section and New Hampshire Program Comment SIP Requirement 

11 O(a)(2)(C) Program for RSA 125-C:4 Rulemaking Authority; Subpoena Power: These statutes 

enforcement of control measures - RSA 125-C:4, I authorizes rulemaking to control (RSAs) establish legal 

authority for the 

"include a program to provide for emissions and establish a permit program. enforcement of New 

the enforcement of the measures RSA 125-C:11 Permit Required provides for a permit Hampshire Rules 

described in subparagraph (A), and program, permits with enforceable emission limits, and Governing the Control 

regulation of the modification and emission control measures. of Air Pollution 

construction of any stationary RSA 125-C:15 Enforcement: (Env-A 100- 4800). 

source within the areas covered by 

the plan as necessary to assure - RSA 125-C:15, I authorizes NHDES 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 provide 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. 10-1-10, 12-21-10 

- Part Env-A 619 Prevention of Significant Deterioration 

(PSD) of Air Quality Permit Requirements 

11 O(a)(2)(D) Interstate transport Revision to the New Hampshire State Implementation NHDES submitted 

Plan: SIP revision addressing interstate air pollution this plan to EPA on 

"contain adequate provisions- transport to fulfill the requirements of CAA section March 11 , 2008. 

(i) prohibiting, consistent with the 11 O(a)(2)(D)(i). 

provisions of this title, any source 

RSA 125-C:6. XV and Part Env-A 619 address the New major sources or other type of emissions activity 

within the State from emitting any prevention of significant deterioration (PSD) of ambient air and modifications of 

air pollutant in amounts which will quality in relation to interstate transport of pollutants and major sources are 

(I) contribute significantly to protection of air quality in Class I international parks - see subject to Env-A 619. 

program description for CAA section 110(a)(2)(J). Notification nonattainment in, or interfere requirements of New with maintenance by, any other CHAPTER Env-A 600 Statewide Permit System, Hampshire's PSD State with respect to any such eff. 4-26-03, and amend. 10-1-10, 12-21 -10 program are relevant. national primary or secondary 

ambient air quality standard, or - Part Env-A 619 Prevention of Significant Deterioration New Hampshire has 

(II) interfere with measures (PSD) of Air Quality Permit Requirements no Pb sources within 

required to be included in the two miles of the NH 

applicable implementation plan border that meet or 

for any other State under part C exceed EPA's 0.5 

to prevent significant ton-per -year 

deterioration of air quality or to guidance on 

protect visibility, significant contribution 

(ii) insuring compliance with the and no single source 

applicable requirements of sections large enough to 

126 and 115 (relating to interstate cause ambient Pb 

and international pollution concentrations to 

abatement);" approach the 

NAAQS. (Refer to 

technical attachment 

to Pb designation 

request letter, 

October 15, 2009.) 
Page 7 

CAA Section and New Hampshire Program Comment SIP Requirement 

11 O(a)(2)(E) Adequate resources RSA 125-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 administer 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 Administrative Requirements authorizes 

government or governments, or a the Commissioner to collect fees to recover the costs of In FY 2011-2012, 

regional 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 Implementation 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 existing 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 Resources Council establishes the NH out such implementation plan or 

portion thereof), Air Resources Council, a state board that has the authority to 

(ii) requirements that the State hear enforcement and permit appeals. The Council consists 

comply with the requirements of 11 members, 6 of whom must represent the public interest. 

respecting State boards under Those representing the public interest may not derive any 

section 128, and significant portion 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 officer or director 

where the State has relied on a of, or hold any other official or contractual relationship with 

local or regional government, any person subject to permits or enforcement orders. 

agency, or instrumentality for the 

implementation of any plan 

provision, the State has 

responsibility for ensuring adequate 

implementation of such plan 

provision;" 

11 O(a)(2)(F) Stationary source RSA 125-C:G Powers and Duties 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 available to the public and to 

the implementation of other require as necessary correlation with any applicable emission 

necessary steps, by owners or standards. 

operators of stationary sources to 

monitor CHAPTER Env-A 800 Testing and Monitoring Procedures, emissions from such 

sources, eft. 10-31-10, establishes minimum testing and monitoring 

(ii) periodic reports on the nature procedures, calculation procedures, standards, and 

and amounts of emissions and requirements in order to determine compliance with 

emissions-related data from such applicable state and federal statutes and rules. Applicable 

sources, and parts include: 

(iii) correlation of such reports by -Part Env-A 802 Compliance Stack Testing for Stationary 

the State agency with any emission Sources 

limitations or standards established - Part Env-A 808 Continuous Emission Monitoring pursuant to this Act, which reports 

shall be available at reasonable - Part Env-A 809 Approval of Alternate Methods 

times for public inspection;" 

CONTINUED 
Page 8 

CAA Section and New Hampshire Program Comment SIP Requirement 

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. 1 0-1-1 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, VII, 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 comparable 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 exists 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 shall rescind or abate such 

order as soon as the emergency ceases to exist." 
CAA Section and 

SIP Requirement 

110(a)(2)(H) Future SIP revisions 

"provide for revision of such plan -

(i) from time to time as may be 

necessary to take account of 

revisions of such national primary or 

secondary ambient air quality 

standard or the availability of 

improved or more expeditious 

methods of attaining such standard, 

and 

(ii) except as provided in paragraph 

(3)(C), whenever the Administrator 

finds on the basis of information 

available to the Administrator that 

the plan is substantially inadequate 

to attain the national ambient air 

quality standard which it implements 

or to otherwise comply with any 

additional requirements established 

under this Act;" 

11 O(a)(2)(1) Nonattainment areas 

"in the case of a plan or plan 

revision for an area designated as 

a nonattainment area, ... " 

11 O(a)(2)(J) Consultation with 

government officials 

"meet the applicable requirements 

of section 121 (relating to 

consultation), ... " 

New Hampshire Program 

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

states: "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, eft. 7-28-04, provides 

procedures for State Implementation Plan hearings. 

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

states: "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 ... " 

CHAPTER Env-A 600 Statewide Permit System: 

- Part Env-A 621 Permit Notice and Hearing 

Procedures: Temporary Permits and Permits 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 of temporary permits and permits to operate. 

- Part Env-A 622 Permit Notice and Hearing 

Procedures: Title V Operating Permits, eft. 7-28-04, 

amend. 10-1-10, 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. 

Page 9 

Comment 

Not applicable to 

infrastructure Sl Ps 

per EPA guidance. 
CAA Section and 

SIP Requirement 

11 O(a)(2)(J) Public notification 

"meet the applicable requirements 

of ... section 127 (relating to public 

notification), ... " 

11 O(a)(2)(J) PSD and visibility 

protection 

"meet the applicable requirements 

of ... part C (relating to prevention of 

significant deterioration of air quality 

and visibility protection);" 

New Hampshire Program 

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

states: "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 the state; ... " 

In implementing this authority, NHDES issues press releases 

and posts warnings on its website, advising people what they 

can do help prevent NAAQS exceedances and avoid adverse 

health effects of poor quality air days. 

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: "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 prevention of significant 

deterioration of 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 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 Deterioration (PSD) of Air 

Quality Permit Requirements addresses the PSD of air 

quality and visibility protection, in compliance with the 

requirements of 40 CFR 51.166, 40 CFR 52.21 and RSA125-C. 

Page 10 

Comment 

Provisions related to 

visibility protection are 

not applicable to 

establishment of a 

new primary NAAQS 

per EPA guidance. 

EPA has not 

promulgated new 

PSD requirements 

relating to lead. 

Should it do so, 

NHDES will adopt 

them as soon as 

possible. 
Page II 

CAA Section and New Hampshire Program Comment SIP Requirement 

11 O(a)(2)(K) Air quality RSA 125-C:4 Rulemaking Authority; Subpoena Power: 

modeling/data - RSA 125-C: 4, l(a) requires the Commissioner to adopt 

"provide for - rules relative to "the prevention, control, abatement, and 

limitation of air pollution, including, but not limited to, open 

(i) the performance of such air air source pollution, mobile source pollution, and 

quality modeling as the stationary source pollution." 

Administrator may prescribe for the 

purpose of predicting the effect on RSA 125-C:6 Powers and Duties of the Commissioner: 

ambient air quality of any emissions - RSA 125-C:6, I authorizes the Commissioner to exercise 

of any air pollutant for which the general supervision of the administration and enforcement 

Administrator has established a of New Hampshire's air pollution control laws. 

national ambient air quality - RSA 125-C:6, II authorizes the Commissioner to develop standard, and 

a comprehensive program and provide services for the 

(ii) the submission, upon request, study, prevention, and abatement of air pollution. 

of data related to such air quality - RSA 125-C:6, Ill authorizes the Commissioner to conduct modeling to the Administrator;" 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 authorizes the Commissioner to consult 

and cooperate with agencies of the federal government. 

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

all incidental powers necessary to carry out the purposes 

of New Hampshire's air pollution control laws. 

CHAPTER Env-A 600 Statewide Permit System: 

- Part Env-A 606 Air pollution Dispersion Modeling 

Impact Analysis Requirements, eft. 4-26-03, specifies 

the air pollution dispersion modeling impact analysis 

requirements that shall apply to owners and operators of 

certain sources and devices in order to demonstrate 

compliance with the New Hampshire 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; Subpoena Power: 

"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 the permitting authority, as a 

condition of any permit required RSA 125-C:12 Administrative Requirements states: 

under this Act, a fee sufficient to 

cover- " ... IV. As a condition of any permit or authorization required 

(i) the reasonable costs of reviewing or any requested applicability determination, the 

and acting upon any application for commissioner may require payment of a fee to cover the 

such a permit, and reasonable costs of reviewing and acting upon the 

(ii) if the owner 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 enforcing the terms and IV-b. As a condition of any permit or authorization required, conditions of any such permit (not the commissioner may require payment of an annual 

including any court costs or other emissions 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;" - CONTINUED 
Page 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. In 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 

interest generated by these funds 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, 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, eff. 4-26-11 : 

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, 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. 
Page 13 

CAA Section and New Hampshire Program Comment SIP Requirement 

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: "In addition 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, consulting, and cooperating with the cities 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 Hampshire does 

in matters relating to air quality; not rely on any local 

VI. Encouraging local units to promote cooperation by the or regional 

people, political subdivisions, industries, and others in government, agency, 

preventing and controlling air pollution in the state; ... or instrumentality for 

XIII. Coordinating and regulating the air pollution control implementing any 

programs of political subdivisions of the state and entering aspect of the SIP. 

agreements with 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 

Public Hearings on the State Implementation Plan 

provides procedures for State Implementation Plan hearings. 

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

requirements. 
561033 UNION LEADER CORPORATION 

POBOX9513 

MANCHESTER, NH 03108 .RECEIVED 

NEW HAMPSHIRE 

SEP a·o 20H 

STATE OF NH ST/ AIR RESOURCES COMM 

ATT VALERIE DAVID 

AIR RESOURCES DIVISIOI\I 

PO BOX 95 

CONCORD NH 03302-0095 

I hereby certify that the legal notice of PUB HEARING 1 OAM 10/3/11, 

PO numbcr:BARBARA HOFFMAN was published in the New Hampshire Union Leader 

and/or New Hampshire Sunday News, newspapers printed at Manchester, NH 

by the Union Leader Corp. 

On: 

09/02/2011 

State of New Hampshire 

Hillsborough County 

Subscribed and sworn to before me this 

15th day of September, 2011 
----------------------------------------------- -------
STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AI R 

RESOURCES DIVISION CONCORD, NEW HAMPSHIRE NOTICE OF PUBLIC 

COMMENT PERIOD AND PUBLIC HEARING In accordance with New Hampshire 

Administrative Rule Env-A 204.01 (b) and Title 40 of the Code of Federal 

Regulations (CFR) Section 51.102, notice is hereby given that t he New Hampshire 

Department of Environmental Services, Air Resources Division (the Department) 

has prepared, and intends to submit to the U.S. Environmental Protection Agency, 

a certification of the adequacy of New Hampshire's State Implementation Plan 

(SIP) to meet the requirements of the federal Clean Air Act, section 110 (a ) (1) 

and (2), pertaining to infrastructure requ irements for federal air quality standards. 

The federal requirements t hat New Hampshire and other states must meet are 

contained in Title 40: Protection of Environment , section 50.12, National Primary 

and Secondary Air Quality Standards for Lead. This SIP certification is submitted 

in response to the revised National Ambient Air Quality Standards (NAAQS) for 

Lead as promulgated by EPA on November 12, 2008. For states such as New 

Hampshire that are already meeting these air quality standa rds, EPA expects 

states to make certification of SIP adequacy within three years after the date of 

promulgation of the standards. The Department hereby solicits comments and has 

scheduled a public hearing on this SIP certification. Comments must be submitted 

in writing or by email to Charles Martone, Air Resources Division, NH Department 

of Environmental Services, P.O. Box 95, Concord, NH 03302-0095; email 

Charles.Martone@des.nh.gov. A public hearing at the Department offices has 

been scheduled for 10:00 a.m., Monday, October 3, 2011 , in Room 114 at 29 

Hazen Drive, Concord, NH 03301. All comments on the proposed SIP certification 

must be received by 4 :00p.m. on Monday, October 3, 2011, to be entered into 

the record. A copy of the SIP certification of adequacy is ava ilable for public 

inspection at t he Department's offices at 29 Hazen Drive, Concord, NH, during 

regular working hours from 8 :00a.m. to 4 :00p.m., Monday throug h Friday. The 

main text of the SIP certification may be downloaded from t he Department's 

website at http:/ /des.nh.gov, as above. Robert R. Scott Director, Air Resources 

Division NH Depa rtment of Environmental Services Dated: September 2, 201 1 

Appeared in: The Union Leader on Friday, 09/ 02/ 2011 

htto://nh.mypublicnotices.com/publicnot ice.asp?page=publicnoticeprint&adid=2494615 

The State ofNew Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

CERTIFICATION OF PUBLIC PROCESS 

I hereby certify that: 

In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and 40 CFR § 51. 102, 

public notice was given that the New Hampshire Department of Environmental Services, Air 

Resources Division (DES), intended to submit for the approval of the U.S. Environmental 

Protection Agency (EPA) a revision to the New Hampshire State Implementation Plan (SIP). 

This revision was for the purpose of certifying SIP adequacy with respect to Clean Air Act 

section 110(a)(l) and (2) for lead (Pb), a criteria pollutant. 

A public hearing on the SIP revision 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 submit oral comments during the hearing and written comments at any 

time from September 2, 2011 , 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 hearing. 

A copy of the draft SIP revision was available for public inspection at DES oftices during regular 

working hours from 8:00a.m. to 4:00p.m., Monday through Friday, throughout the comment period. 

The draft SIP revision was also available for downloading from the DES website at: 

http://des.nh.gov/organization/commissioner/pip/calendar/20 ll/documents/20 Ill 003-nh-lead-sip.pdf. 

The public hearing notice was published in the Union Leader, a newspaper of general, statewide 

circulation, on Friday, September 2, 2011, more than thirty days prior to the date of the hearing. 

The above statements are true to the best of my knowledge and belief. 

Robert 

~~ R. Scott 

Director, Air Resources Division 

7 /VOV II 

Date 

New Hampshire Lead (Pb) Infrastructure SIP 

Response to Comments 

NHDES received written comments from two sources during the public comment period for 

the draft lead (Pb) infrastructure SIP. Anne Arnold of the U.S. Environmental Protection 

Agency (EPA), Region I, provided written comments in a letter dated September 29, 201 1. 

Katie Lajoie, RN, submitted written comments in a letter emailed on October 3, 2011. The 

following responds to the submitted comments. 

EPA Comments 

1. It would be useful to sort the list of New Hampshire state measures shown within the 

'vvrile-up for 11 O(a)(2)(A) into 11·vo parts, with one part listing the rules that specifically 

mention Pb, such as Env-A 3300, Municipal Waste Combustion, and a second part listing 

rules that are targeted at control of particulate matter. which sometimes contains lead. 

Response: The table has been revised to distinguish rules which apply specifically to 

lead from those which apply to particulate matter that may contain lead. 

2. New Hampshire's primary and secondmy standards are located at section Env-A 308, 

and for Pb provide a level of 1.5 micrograms per cubic meter. This level matches EPA's 

previous Pb NAAQS which was updated to 0.15 micrograms per cubic meter in 2008. 

New Hampshire should update section Env-A 308 to be consistent with EPA's revised 

primary and secondary air quality standards for lead. If such an update does not occur 

in conjunction with this SIP submittal, or sooner, New Hampshire should evaluate 

whether any of its air pollution control regulations require compliance with these now 

outdated state air quality standards, and discuss the results of this analysis in its 

infi··astructure SIP submittal. 

Response: The following footnote was added to Page 4: "Standards are being revised to 

conform to 2008 NAAQS and should be final by July 1, 201 2." Also, a statement of 

assurance was added to the cover letter. 

3. The write-up for 11 O(a)(2)(8) indicates that, "Air Quality data f or Pb will be included in 

201 1 . . , However, the second note in the "Comment " column indicates that monitoring 

for Pb will not begin until Janumy 1, 2012. This discrepancy should be resolved in the 

final infi·astructure SIP document. 

Response: 20 11 was corrected to read consistently as 2012. 

-1. In New Hampshire's write-up for 110(a)(2)(E) regardingfunding, there is a caveat that, 

"Funding to carry out the SIP is contingent on EPA support. " EPA recommends that 

this wording be revised to state that EPAfunding complements state's efforts. 

Response: The comment was revised to indicate that EPA funding supports New 

Hampshire's program. 
5. Although EPA's draji guidance for Pb il?(rastructure SIPs did not provide extensive 

direction to states with regard to section 11 O(a)(2)(G), Emergency Episodes, our .final 

guidance may contain additional i1?{ormation that New Hampshire should review as it 

prepares its SIP revision. 

Response: NHOES has reviewed the fi nal guidance and added the following note in the 

comment column : .. Based on a review of H's sources of lead and historic ambient 

monitoring data, HOES does not believe that a more specific contingency plan is needed 

to adequately respond to any lead emergency events. " 

6. New Hampshire's entryfor section 1 JO(a)(2)(J) includes mention of the slate's 

transportation conformity regulation. This can be left out ofthe.final Pb infrastructure 

submillal, as cmiformity applies to nonallainment areas and allainment areas with a 

current maintenance planfor the transportation related pollutants (NOx, SOx. VOC, and 

the various size fi"actions of PM). 

Response: The paragraph regarding transpot1ation conformity was deleted. 

7. Final guidance 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 lowered 

NAAQSforlead. Similarly, we have also discussed re-evaluation of the current 

threshold used for gauging "significance·· of emissions increases for 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 these two issues. Nelv 

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 emissions increase. 

Response: EPA· s final guidance does not specifically address the significant monitoring 

concentration or the significant emission level for lead. HOES added the following 

statement in the comment column: .. EPA has not promulgated new PSO requirements 

relating to lead. Should it do so, HOES will adopt them as soon as possible." 

Lajoie Comments 

In her letter, Ms. Lajoie cited references to support the position that persistent toxic 

substances such as lead are dangerous to the environment and to human health, and that 

there is no safe level of these substances in the environment and in the blood: "This is 

common sense and should be refl ected in air quality standards. The only safe emission level 

for lead is zero because this pollutant accumulates in the environment and in the human 

body and causes harm in low doses.·· 
The commenter fmther stated that, ·'Air emissions from waste incinerators and coal-fired 

power plants emit lead in a form that can be easily inhaled and ingested."' The commenter 

observed that end-of-pipe remedies are not an appropriate solution: "The answer to the 

pollution problem does not involve equipment such as a baghouse or carbon injection 

system. This equipment still allows a dangerous amount of lead and other pollutants to exit 

the smokestack, while also shifting pollution to the ash. The ash presents its own set of 

problems during handling, transpott, and disposal." 

Ms. Lajoie suggested that NHDES do as follows: " Inform the public that zero is the only 

safe emission standard for lead and other persistent toxic substances [and] support the phase 

out of waste incinerators and coal-fired power plants. These major stationary sources 

release lead in a highly bioavailable form. There are safe alternatives that would protect our 

air and water from the toxic loading associated with persistent toxic substances." ' 

Response: The AAQS for lead are consistent with the recommendations of EPA's Clean 

Air Scientific Advisory Committee (CASAC), which provides independent advice to the 

EPA Administrator on the technical bases for the TAAQS. By following CASAC's 

recommendations, EPA revised the lead AAQS in a manner that is presumably 

protective of the public health, with adequate safety margin, as is required under section 

109(b) ofthe Clean Air Act. ew Hampshire's obligation under the Clean Air Act is to 

ensure that its SIP will provide for the attainment, maintenance, and enforcement of the 

ational Ambient Air Quality Standards. This SIP revision certifies that New 

Hampshire's SIP meets that obligation.