RACT SIP Revision Page G-1

NH DES January 2008



### Appendix G Public Comments and NH DES Response~,tE0



## A s. 9 $PA 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 staffhave 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 staffat 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 EPACOMMENTS ON NEW HAMPSHIRE'S PROPOSED RACT SIP FORTHE 8-HOUR OZONE STANDARD 1 . Pages 5 and 6of New Hampshire's proposal contains a listing of source categories forwhich no facilities exist in thestate, and indicates that the state has not adopted RACT for these source categories. EPAnotes that a number of the source categories listed are the subject ofAlternative Control Technology (ACT) documents issued by EPAbut are not covered by Control Technique Guidelines (CTGs) . States are required to submit rules or negative declarations only for CTGsource categories and major sources. Additionally, the proposal does not mention how New Hampshireverified that no sources exist in the state for the'CTGsource categories forwhich it is making a negative declaration. The state's final submittal should document the basis for these negative declarations (e.g., searches oftelephone directories, interviews with field inspection staff, etc.) . 2 . Page 6states, "NHDES certifies that the current VOCand NOx RACT regulations are RACT under the 8-hour ozone NAAQS." The discussion also mentions that, in 2002, DES readopted all ofthe NOx andVOCregulations and submitted themto EPAfor approval (SIP submittal dated March 12, 2003)

. The version of the VOCrules included in Appendix Dof the current RACT proposal differs, however, fromthe version submitted to EPAin March 2003. Specifically, Appendix Dincludes 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 OTCmodel rule. This version of Env-A 1204 has not yet been submitted to EPAas a SIP revision. NH DES should submit the revised Env-A 1204 to EPAas a SIP revision. In addition, the version of New Hampshire's Env-A 1211 NOx rule included in Appendix Dofthe current RACT proposal differs fromthe version of Env-A 1211submitted to EPAin 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 800was submitted to EPAfor approval on March 12, 2003, and that Env-A 900was submitted to EPAfor approval on November 14, 2003. Furthermore, EPAhas identified someissues/questions regarding Env-A 900 . These were articulated in an e-mail to DES dated May 9, 2006 . Some ofthe provisions in Env-A 900are 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 ofthe proposal, however, New Hampshire is not violating the 8-hour ozone standard based on 2003-2005 ozone monitoring data. In addition, preliminary data from2006 indicates that New Hampshire continues to be in attainment of the 8-hour ozone standard. Therefore, EPAencourages 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 forwhich a CTG or an ACT document has been issued. For purposes of the RACT submittal, states only need to address VOCCTGsource categories and major VOCand 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 . NHhas not yet submitted this rule to EPAas a SIP revision. Also, it is EPA's understanding that NHdoes not intend for this rule to be part ofthe RACT submittal . NHshould 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 ofoperations. The referenced rule covers degreasing operations, specifically cold cleaning, open top vapor and conveyorized degreasing. Also, the rule's definition ofcold 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 NewHampshire's solvent metal cleaning rule and instead state that if a facility's emissions fromindustrial cleaning operations were large enough, they would be covered by New

Hampshire's Env-A 1204.48 miscellaneous VOCsource rule. 9 . Tables C-1 and C-2 contain a list of RACT applicable NOx and VOCsources, 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 theTable C-1 and Table C-2sources appear in Appendix B . Presumably, each of the remaining Table C-1 and Table C-2sources are subject to one of the CTG-based rules that New Hampshire has adopted. This should be clarified in the final RACT submittal . 10 . Afootnote to Table C-1 and TableC-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 TableC-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 Dincludes New Hampshire's Env-A 1204, Env-A 1211, and Env-Wm1404. (See comment #2 above regarding Env-A 1204 and Env-A 1211 .) Env-Wm1404 addresses VOCemissions fromgasoline dispensing facilities, bulk gasoline plants, and cargo tank trucks. The version of this rule included in Appendix Dis effective August 21, 2004. EPAapproved a previous version ofthis rule which was formerly numbered Env-A 1205. (See 63 FR 67405; December 7, 1998 .) The version of the rule included in Appendix Dhas not been submitted to EPAas a SIP revision. NH DES should submit the revised rule to EPAas 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 SIPfor 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 NewHampshire 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 SIPRevision 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 Bonly 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-Wm1404 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