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 thereof on a disk (enclosed). As Governor John Lynch's 

designee, I am requesting EPA's prompt approval of this 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 CFR references 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 CFR Part 51, Appendix V. The following administrative materials 

are included for your review: 

a. Evidence of the rule's adoption 

b. Evidence of legal authority 

c. A copy of the rule 

d. Evidence that all the State's legal requirements were followed in adopting the rule 

and submitting the SIP revision 

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. A compilation of public 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 " TDD Access : Relay NH 1-800-735-2964 
Mr. H. Curtis Spalding, Regional Administrator Page 2 

SIP Revision Submittal December 9 2011 

One of the requirements of Appendix V is that the documentation include the date of 

adoption, as well as the effective date, of the rule . In accordance with RSA 541-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 of the 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 from the DES Commissioner to 

the Director of the OLS, documenting the adoption of the rule, as well as written documentation 

from the 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