Thomas S. Burack, Commissioner December 9, 2011 H . Curtis Spalding, Regional Administrator U .S. Environmental Protection Agency, Region 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912 Re: State Implementation Plan Revision Submittal for Conformity Env-A 1500 Dear Administrator Spalding: Pursuant to section 110 of the federal Clean Air Act as amended, the state of New Hampshire hereby submits for approval the subject proposed State Implementation Plan (SIP) revision and one exact electronic copy thereofon a disk (enclosed) . As Governor John Lynch's designee, I amrequesting EPA's prompt approval ofthis revision, which consists of the additions and amendments to administrative rule Env-A 1500, Conformity. Env-A 1500 establishes requirements for establishing a consultative process relative to conformity determinations. Amendments were made to (1) clarify the rules by adding certain definitions, deleting definitions that are not needed, and revising existing provisions so they are more readily understandable; (2) updating the CFRreferences and otherwise aligning the rules with current federal requirements; (3) removing the requirement for a minimum 30-day public comment period for conformity determinations as this is not a federal requirement and alternative, more appropriate timeframes may be established through interagency consultative process; and (4) consolidating provisions and definitions that are common to both existing parts into new

Part Env-A 1501 and Part Env-A 1502, such that transportation conformity will be in Part Env-A 1503 and federal actions will be in Part Env-A 1504. This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFRPart 51, Appendix V . The following administrative materials are included for your review : a. Evidence ofthe rule's adoption b. Evidence of legal authority c. Acopy of the rule d. Evidence that all the State's legal requirements were followed in adopting the rule and submitting the SIPrevision e. Evidence that the public notice was given in accordance with EPA procedures f. Certification that, if requested, the public hearing was held in accordance with the public notice g . Acompilation ofpublic comments and the State's responses thereto The State of New

Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

DES Web site: www

.des .nh.gov P .O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 " Fax: (603) 271-1381 " TDDAccess: Relay NH 1-800-735-2964Mr. H . Curtis Spalding, Regional Administrator Page 2 SIPRevision Submittal December 9 2011

One of the requirements ofAppendix Vis that the documentation include the date of adoption, as well as the effective date, of the rule. In accordance with RSA541-A:14, an agency may adopt a rule after all procedures have been completed. The NH Department of Environmental Services (DES) adopts a rule on the day its Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director ofthe Office of Legislative Services (OLS) . The rule takes effect the day after it is filed unless a different date is requested in the letter. The attachments hereto contain a letter fromthe DES Commissioner to the Director of the OLS, documenting the adoption ofthe rule, as well as written documentation fromthe OLS as to the filing and effective dates of the rule. Should you have any questions regarding this submittal, please contact Karla McManus, Planning and Rules Manager, at karla.mcmanuskdes .nh.gov or (603) 271-6854, or Barbara L. Hoffman, SIP Planning Manager, at barbara.hoffmang ,des.nh.gov or (603) 271-7874. Thank you. Sincerely, Robert R . Scott Director Air Resources Division Enclosures ec: Dave Conroy, EPA Ida E. McDonnell, EPA Donald Dahl, EPA