RACT SIP Revision Page G-1 

NH DES January 2008 

Appendix G 

Public Comments and NH DES Response 
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 1 

1 CONGRESS STREET, SUITE 1100 

BOSTON, MASSACHUSETTS 02114-2023 

October 27, 2006 

Elizabeth Nixon 

Air Resources Division 

NH Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

Dear Ms. Nixon: 

New Hampshire has proposed its State Implementation Plan (SIP) revision to address 

reasonably available control technology (RACT) requirements under the 8-hour ozone 

standard. 

EPA Region I staff have reviewed the proposed SIP and comments are provided in the 

Enclosure. Please enter these comments into the hearing record for this SIP revision. 

If you have any questions on the enclosed comments, please contact Anne Arnold of my 

staff at 617-918-1047 . 

David B. Conroy, Chi 

Air Programs Branch 

Enclosure 

Toll Free " 1-888-372-7341 

Internet Address (URL) " http ://www .epa.gov/regionl 

RecycIedIRecyclable " Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) 
Enclosure 

EPA COMMENTS ON NEW HAMPSHIRE'S PROPOSED 

RACT SIP FOR THE 8-HOUR OZONE STANDARD 

1 . Pages 5 and 6 of New Hampshire's proposal contains a listing of source 

categories for which no facilities exist in the state, and indicates that the state 

has not adopted RACT for these source categories . EPA notes that a number 

of the source categories listed are the subject of Alternative Control 

Technology (ACT) documents issued by EPA but are not covered by Control 

Technique Guidelines (CTGs). States are required to submit rules or negative 

declarations only for CTG source categories and major sources. Additionally, 

the proposal does not mention how New Hampshire verified that no sources 

exist in the state for the'CTG source categories for which it is making a 

negative declaration. The state's final submittal should document the basis for 

these negative declarations (e .g ., searches of telephone directories, interviews 

with field inspection staff, etc.) . 

2. Page 6 states, "NH DES certifies that the current VOC and NOx RACT 

regulations are RACT under the 8-hour ozone NAAQS." The discussion also 

mentions that, in 2002, DES readopted all of the NOx and VOC regulations 

and submitted them to EPA for approval (SIP submittal dated March 12, 

2003). The version of the VOC rules included in Appendix D of the current 

RACT proposal differs, however, from the version submitted to EPA in 

March 2003 . Specifically, Appendix D includes the version of Env-A 1204, 

effective on February 26, 2005, that contains revised solvent metal cleaning 

provisions (Env-A 1204.43 and 1204.44) and associated applicability and 

definition provisions (Env-A 1204.02 and 1204.03) based on the OTC model 

rule . This version of Env-A 1204 has not yet been submitted to EPA as a SIP 

revision. NH DES should submit the revised Env-A 1204 to EPA as a SIP 

revision. In addition, the version of New Hampshire's Env-A 1211 NOx rule 

included in Appendix D of the current RACT proposal differs from the 

version of Env-A 1211 submitted to EPA in March 2003. The Appendix D 

version includes some revised provisions that were effective on December 22, 

2004. NH DES should submit the revised Env-A 1211 to EPA as a SIP 

revision. 

3. , Page 7 references the testing and monitoring procedures in Env-A 800 and the 

recordkeeping and reporting procedures in Env-A 900. EPA recommends that 

the narrative also reference that Env-A 800 was submitted to EPA for 

approval on March 12, 2003, and that Env-A 900 was submitted to EPA for 

approval on November 14, 2003 . Furthermore, EPA has identified some 
issues/questions regarding Env-A 900. These were articulated in an e-mail to 

DES dated May 9, 2006. Some of the provisions in Env-A 900 are needed to 

make some of the provisions in Env-A 1204 and Env-A 1211 enforceable. 

Therefore, DES will need to resolve the issues associated with Env-A 900 in 

order for New Hampshire to fully meet its obligation under the RACT 

requirement. 

4. Page 7 states that NH plans to prepare an attainment demonstration for the 8-

hour ozone standard, due on June 15, 2007. As referenced on page 1 of the 

proposal, however, New Hampshire is not violating the 8-hour ozone standard 

based on 2003-2005 ozone monitoring data. In addition, preliminary data 

from 2006 indicates that New Hampshire continues to be in attainment of the 

8-hour ozone standard. Therefore, EPA encourages the DES to move forward 

with a redesignation request for its 8-hour ozone nonattainment area, rather 

than preparing an attairunent demonstration. 

5 . On page A-2, item #4 references the February 26, 2005 version of New 

Hampshire's solvent metal cleaning rule. See comment #2 above. 

6. The Table A-1 list of source categories, includes categories for which a CTG 

or an ACT document has been issued . For purposes of the RACT submittal, 

states only need to address VOC CTG source categories and major VOC and 

NOx sources (i .e., categories covered by an ACT only need to be addressed if 

the state has a major source in that category). 

7. Page A-6 lists the traffic markings ACT. The second column indicates that 

the national rule superseded the ACT and that New Hampshire's Env-A 4200 

architectural and industrial maintenance (AIM) coatings rule will soon 

become effective. This entry appears to, indicate that the AIM rule would be 

part of the RACT submittal. NH has not yet submitted this rule to EPA as a 

SIP revision. Also, it is EPA's understanding that NH does not intend for this 

rule to be part of the RACT submittal. NH should clarify this issue in its final 

RACT submittal. 

8. On page A-7, item #13lists the ACT for industrial cleaning solvents and 

references New Hampshire's Env-A 1204.43. to 1204.47 solvent metal 

cleaning rule. The ACT and the referenced rule, however, cover different 

types of operations. The referenced rule covers degreasing operations, 

specifically cold cleaning, open top vapor and conveyorized degreasing. 

Also, the rule's definition of cold cleaning specifically excludes wipe 

cleaning . The ACT covers various types of cleaning operations such as the 

cleaning of spray guns and spray booths, large and small manufactured 

components, and floors but specifically states that solvent metal cleaning 

operations, such as cold cleaning and vapor degreasing, were not addressed in 

this report since they were already addressed in the solvent metal cleaning 

CTG. Therefore, in item #13, DES should delete the reference to New 
Hampshire's solvent metal cleaning rule and instead state that if a facility's 

emissions from industrial cleaning operations were large enough, they would 

be covered by New Hampshire's Env-A 1204.48 miscellaneous VOC source 

rule . 

9. Tables C-1 and C-2 contain a list of RACT applicable NOx and VOC sources, 

respectively. Some of the sources in these tables also appear in Appendix B 

which means that orders have been issued for those sources. However, not all 

of the Table C-1 and Table C-2 sources appear in Appendix B. Presumably, 

each of the remaining Table C-1 and Table C-2 sources are subject to one of 

the CTG-based rules that New Hampshire has adopted. This should be 

clarified in the final RACT submittal. 

10. A footnote to Table C-1 and Table C-2 states that a shaded entry "indicates 

that the source has closed." It is not clear, however, if these closures are 

permanent and enforceable. For example, it EPA's understanding that the 

Bio-Energy facility is only temporarily shut down. 

11 . In Table C-1, there is a typographical error in the heading of the 4t' column. 

This column appears to list 1999, not 1991, NOx emissions. 

12. Appendix D includes New Hampshire's Env-A 1204, Env-A 1211, and 

Env-Wm 1404. (See comment #2 above regarding Env-A 1204 and Env-A 

1211 .) Env-Wm 1404 addresses VOC emissions from gasoline dispensing 

facilities, bulk gasoline plants, and cargo tank trucks . The version of this rule 

included in Appendix D is effective August 21, 2004. EPA approved a 

previous version of this rule which was formerly numbered Env-A 1205. (See 

63 FR 67405 ; December 7, 1998.) The version of the rule included in 

Appendix D has not been submitted to EPA as a SIP revision. NH DES 

should submit the revised rule to EPA as a SIP revision. 
RACT SIP Revision Page G-3 

NH DES January 2008 

NH DES Responses to EPA's Comments on NH's 

Proposed RACT SIP for the 8-Hour Ozone NAAQS 

Response to Comment #1 : NH DES submitted a list of source categories for which a CTG or ACT is not 

applicable because no facilities exist in the state or no facility in the state exceeds the applicability 

threshold . As noted in the SIP, NH DES made these negative declarations based on periodic field 

inspections, a comprehensive air permitting program, and a search, by SIC code of data bases 

maintained both by NH DES and by the New Hampshire Manufacturers' Association . NH DES conducted 

inspections at specific facilities that potentially matched the applicable SIC codes, but NH DES found that 

RACT is not applicable. 

Response to Comment #2: NH DES submitted the following rules for SIP approval on July 9, 2007, per 

EPA's request : 

Env-A 1204.02 

Env-A 1204.03 

Env-A 1204.43 

Env-A 1204.44 

Env-A 1211 .02 

Env-A 1211 .12 

Env-A 1221 .21 . 

Response to Comment #3: DES submitted Env-A 800 on March 12, 2003 and Env-A 900 on November 

14, 2003 to EPA for approval. On July 9, 2007, DES submitted revisions to Env-A 800 and Env-A 900, 

which reflect responses to EPA's comments. DES is currently awaiting approval from EPA of these 

revised regulations . 

Response to Comment #4: On June 15, 2007, NH DES submitted the New Hampshire 8-Hour Ozone 

State Implementation Plan. The SIP was submitted with the knowledge that New Hampshire falls under 

the Clean Data Policy since New Hampshire is monitoring attainment for the 8-hour ozone standard . 

Response to Comment #5: See response to comment #2 . 

Response to Comment #6: Table A-1 lists the source categories for which a CTG or ACT was 

published by September 2006. The table lists the applicable regulation or indicates NA (not applicable) if 

no applicable sources exist in the state. Section 3 .3 declares a negative declaration for the source 

categories for which no applicable sources exist in the state. 

Response to Comment #7: NH DES does not plan to submit Env-A 4200, Architectural and Industrial 

Maintenance Coatings, for inclusion as part of this SIP . The federal rule supercedes the ACT, and thus, 

meets RACT. In accordance with the Performance Partnership Agreement, NH DES plans to submit EnvA 4200 in the future as part of a separate SIP revision. 
RACT SIP Revision Page G-4 

NH DES January 2008 

Response to Comment #8: On page A-7, item #13, DES deleted the reference to the solvent metal 

cleaning rules and instead referenced Env-A 1204.48 because if a facility's emissions from industrial 

cleaning operations exceed the applicability threshold, they would be covered as a miscellaneous VOC 

source. 

Response to Comment #9: DES added language in Section 3.1 clarifying that Appendix C includes 

sources for which a RACT order was developed and to which a specific RACT regulation is applicable. 

Appendix B only includes those sources for which a RACT order was developed. 

Response to Comment #10: The table has been revised to highlight only the sources that have 

permanently shutdown. 

Response to Comment #11 : The typographical error was fixed. The column is labeled 1999, not 1991, 

NOx Emissions . 

Response to Comment #12: DES concurs with EPA's comment -the currently approved version of the 

Stage I/II rule is Env-A 1205 as approved in 1998. This rule was superseded by Env-Wm 1404 in 2004. 

However, DES is again considering further revision of this rule in accordance with the discussions of the 

NESCAUM Stage II workgroup addressing widespread use of Onboard Refueling Vapor 

Recovery (ORVR) and the potential elimination of Stage II in New Hampshire. Therefore, we are 

withdrawing the 2004 version of this rule and will submit a revision addressing widespread use later this 

year