## Certification of State Implementation Plan Adequacy

Regarding Clean AirAct Section 110(a)(1) and (2) for Fine Particulate Matter (PM2 ;5) September 2009

Prepared by 

## The New

Hampshire Department of Environmental Services

NEW HAMPSHIRE ~ DEPARTMENT OF 

# Environmental -' Services Air Resources DivisionPage.1



### Certification of New Hampshire's State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) for Fine Particulate Matter (PM 2.5) The purpose of this document is to provide the U .S. Environmental Protection Agency (EPA) with certification that New Hampshire's State Implementation Plan (SIP) for air quality meets the "infrastructure" requirements of sections 110(a)(1) and (2) ofthe CleanAir Act (CAA) for fine particulate matter (PM2,5). This certification is submitted in response to the new and revised National Ambient Air Quality Standards (NAAQS) for fine particulate matter as promulgated by EPA on September 21, 2006 . For states such as New Hampshirethat arealready meetingthese airquality standards, EPA expects states to make certification of SIP adequacy within three years after the date of promulgation ofthe standards. Backcround Particle pollution, also called particulate matter, or PM, is a complex mixture of extremely small particles and liquid droplets in the air. When breathed in, these particles can reach the deepest regions of the lungs. Exposure to particle pollution is linked to a variety of health problems, ranging from aggravated asthma to premature death in people with heart and lung disease. Particle pollution also is the main cause of visibility impairment in the nation's cities and national parks. To protect public health and welfare, EPAestablished NAAQSfor six criteria pollutants; particulate matter is one of them . EPA first issued standards for particulate matter in 1971 and revised the standards in 1987, 1997, and 2006. The revised 2006 standards address two categories of particle pollution: fine particles (PM2.5), which are 2.5 micrometers in diameter and smaller; and inhalable coarse particles (PM 10)whicharesmaller than 10 micrometers and larger than 2.5 micrometers in diameter. The 2006 standards tightened the 24-hour fine particle standard from65 micrograms per cubic meter (~ig/m3) to 35 ~tg/m3, but retained the existing annual fine particle standard of 15 qg/m3 . EPAalso retained the existing 24-hour PMIOstandard of 150 ~tg/m3. At the same time, EPArevoked the annual PMIo standard because of a lack of evidence linking health problems to long-termexposure to coarse particle pollution.Page 2 * 

# Overview

of HowNew

Hampshire's ProgramSatisfies the CAA Section 110(a)(1) and (2) SIP Requirements for Fine Particulate Matter (PM2.5) CAASection SIP Requirement

(Each such plan shall . . .) New Hampshire Program 110(a)(2)(A) "include enforceable emission RSA21-0 Department of Environmental Services and Emission limits and limitations and othercontrol RSA 125-C Air Pollution Control . Powers of the other control measures, means, or techniques Commissioner. Regulations. Fees. General Permits. measures (including economic incentives such

as fees, marketable permits, and NewHampshire Code of Administrative Rules, auctions ofemissions rights), as Department of Environmental Services (Env-A 100 - 4300) : well as schedules and timetables for The following chapters and parts have general and specific compliance as may be necessary or applicability to sources ofparticulate matter emissions, appropriate to meet the applicable including NOx, SOZ, and VOCs as precursors to particulate requirements of this Act;" matter: CHAPTER Env-A 300 Ambient Air Quality Standards, eff. 2-28-04 - Part Env-A 303 Primary and Secondary Ambient Air Quality Standards for Particulate Matter'`*

- Part Env-A 304 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide - Part Env-A 306 Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide CHAPTEREnv-A 400 Acid Deposition Control Program, efF. 12-22-04 CHAPTER Env-A 500 Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants, eff. 4-5-02, 12-31-05, and 6-23-09

- Part Env-A 503 New Source Performance Standards CHAPTEREnv-A600 Statewide Permit System, eff. 4-26-03, 7-28-04, 6-8-06, 4-3-08, and 4-22-09 - Part Env-A 606 Air Pollution Dispersion Modeling Impact Analysis Requirements - Part Env-A 618 (formerly Env-A622) Additional Requirements in Non-Attainment Areas and the New Hampshire Portion ofthe Northeast Ozone Transport Region - Part Env-A619 (formerly Env-A623) Prevention of Significant Deterioration (PSD) of Air Quality Permit Requirements CHAPTER Env-A 700Permit Fee System, eff. 4-26-03 and 6-26-04 - Part Env-A 702 Application Review and Modeling Fees - Part Env-A 703 Permit ReviewFees - Part Env-A 704 Testing and Monitoring Fees for Temporary Permits - Part Env-A 705 Emission-Based Fee - CONTINUED ' CAA refers to the Clean Air Act. Other abbreviations are as follows: CFR refers tothe 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 ofAir Pollution of the New Hampshire Department of Environmental Services Saf-C refers totheAdministrative Rules of the NewHampshire Department of Safety. NHDES refers to the NewHampshire Department of Environmental Services. " Amendments to Env-A 303 await resolution of petition No. 06-1410 before the U.S. Court ofAppeals for the District of Columbia Circuit.Page 3



### CAA Section SIP Requirement

(Each such plan shall . . .) New Hampshire Program CONTINUED - CHAPTER Env-A 800 Testing And Monitoring Procedures, eff. 10-31-02, 12-22-04, 4-27-07, and 4-22-09 - Part Env-A 802 Compliance Stack Testing for Stationary Sources

- Part Env-A 803 NOx RACT Testing Requirements - Part Env-A 804 Volatile Organic Compound Testing - Part Env-A 805 Capture Efficiency [for VOCs] - Part Env-A 806 Sulfur Content Testing of Fuels - Part Env-A 807 Testing for Opacity of Emissions - Part Env-A 808 Continuous Emission Monitoring - Part Env-A 809Approval of Alternate Methods CHAPTER Env-A 1000 Prevention, Abatement, and Control of Open Source Air Pollution, eff. 3-12-03, and 8-23-08

- Part Env-A 1001 Open Burning - Part Env-A 1002 Fugitive Dust - Part Env-A 1003 Firefighter Instruction and Training Activities CHAPTER Env-A 1100 Prevention, Abatement, and Control of Mobile Source Air Pollution, eff. 3-26-05 - Part Env-A 1101 Diesel And Gasoline-Powered Motor Vehicles CHAPTER Env-A 1200 Prevention, Abatement, and Control of Stationary Source Air Pollution, eff. 8-27-98, 10-31-02, 12-31-02, 12-22-04, 2-26-05, and 4-3-08 - Part Env-A 1204 Stationary Sources ofVolatile Organic Compounds (VOCs)

- Part Env-A 1211 Nitrogen Oxides (NOx) CHAPTER Env-A 1600 Fuel Specifications (formerly incorporated into CHAPTER Env-A400), eff. 5-29-97, 5-2-02, 4-23-05, and 4-27-07

- Parts Env-A 1604thru 1606 Sulfur Content Limitations for Fuels

- Part Env-A 1607 Fuel Analysis Requirementfor Suppliers of Liquid or Solid Fuel - Part Env-A 1610Compliance

- Part Env-A 1611 Oxygen-Flexible Reformulated Gasoline CHAPTEREnv-A 1900 Incinerators and Wood Waste Burners (formerly Part Env-A 1201), eff. 2-26-05 - Part Env-A 1903 Visible Emission Standard for Incinerators and Wood Waste Burners - Part Env-A 1904 Particulate Matter Emission Standards for Incinerators and Wood Waste Burners

- CONTINUEDPage 4



### CAASection SIP Requirement

(Each such plan shall . . .) NewHampshire Program , CONTINUED - CHAPTER Env-A 2000 Fuel Burning Devices (formerly Part Env-A 1202), eff. 4-23-05

- Subparts Env-A 2002.01 thru 2002.05 Visible Emission Standards for Fuel Burning Devices and Opacity Standard for Fuel Burning Devices Subjectto 40 CFR60

- 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 Industries (formerly Part Env-A 1205), eff. 11-24-04 CHAPTER Env-A 2500 Pulp and Paper Industry: Particulate Matter and Visible Emissions Standards (formerly Part Env-A 1206), eff. 11-24-04 CHAPTER Env-A 2600 Pulp and Paper Industry: Total Reduced Sulfur Emissions FromKraft Mills, eff. 12-9-04 CHAPTEREnv-A 2700 Hot Mix Asphalt Plants (formerly Part Env-A 1207), eff. 11-24-04 ' CHAPTEREnv-A 2800 Sand and Gravel Sources, and Cement and Concrete Sources (formerly Part Env-A 1208), eff. 11-24-04 ' CHAPTEREnv-A 2900 Multiple Pollutant Annual Budget , Trading and Banking Program, eff. 5-13-03 CHAPTEREnv-A 3000 Emissions Reduction Credits Trading Program, eff. 1-21-97 CHAPTEREnv-A 3100 Discrete Emissions Reduction Trading Program, eff. 1-21-97 CHAPTEREnv-A 3200 NOx Budget Trading Program, eff. 4-1-00 and 11-2-07 CHAPTER Env-A 3300 Municipal Waste Combustion, eff. 2-2-08 CHAPTER Env-A 3400 Commercial and Industrial Solid Waste Incinerators, eff. 5-2-02 CHAPTER Env-A 3500 Hospital/Medical/Infectious Waste Incineration, eff. 1-5-07 CHAPTER Env-A 3600 National Low Emission Vehicle (National LEV) Program, eff. 7-22-09 CHAPTER Env-A 3700 NOx Emissions Reduction Fund for NOx-Emitting Generation Sources, eff. 12-20-01 and 3-26-05 CHAPTER Env-A 4000 Portable Fuel Container Spillage Control, eff. 1-9-08 CHAPTER Env-A 4100 Consumer Products, eff. 9-24-05 I CHAPTER Env-A 4200 Architectural and Industrial Maintenance Coatings, eff. 7-27-06 , I 1 CHAPTEREnv-A4300 Other Solid Waste Incineration, eff. 1-5-07 - CONTINUEDPage ~



### CAASection SIP Requirement

(Each such plan shall . . .) NewHampshire Program CONTINUED - NewHampshire Code of Administrative Rules, Department of Safety (Saf-C 100- 6700) : The following chapters and parts have applicability tovehicular sources of particulate matter emissions, including NOx, SO2, and VOCs as precursors to particulate matter: CHAPTERSaf-C 3200 Official Motor Vehicle Inspection Requirements, eff. 6-22-07 and 6-20-08, provides for the inspection of passenger cars, trucks, combination vehicles, trailers and semi-trailers, motorcycles, farmand agricultural vehicles, antique vehicles and motorcycles, recreation vehicles, street rods, and homemade vehicles. Part Saf-C 3220 Emissions Requirements: The following subparts provide for inspection of motor vehicle components: - Saf-C3220.01 Positive Crankcase Ventilation (PCV) - Saf-C 3220.02 Air Injection Pump/Pulse Air System - Saf-C 3220.03 Inspection of Fuel System - Saf-C 3220.04 Evaporative Canister - Saf-C3220

.05 Inspection of Exhaust System - Saf-C3220.06 Replacement Parts CHAPTERSaf-C 5800 Roadside Diesel Opacity Inspection, eff. 1-1-99, implements a roadside heavy-duty diesel emissions testing programmandated by the New Hampshire Legislature as part 1998 NH Laws 207. The law was passed pursuant to the State's agreement with the Federal Environmental Protection Agency on an overall clean air strategy under the provisions of the federal Clean Air Act Amendments of 1990 . The rules apply to all diesel powered motor vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or more and all dieselpowered buses manufactured to carry 25or more passengers, whether these vehicles are registered in New Hampshire or anotherjurisdiction. 110(a)(2)(B) "provide for establishment and 40 CFRPart 58 AmbientAir Quality Surveillance: Ambient air quality operation of appropriate devices, NewHampshire's 2009Air Monitoring Network Plan monitoring/data methods, systems, and procedures , submitted to meet the requirements of this part received system necessary to - , approval fromEPA on August 31, 2009 . NHDES collects (i) monitor, compile, and analyze and reports ambient air quality data for 03, SO2, NOZ, Pb, CO, data on ambient air quality, and PM1o and PM2.5. The data are reviewed and validated before (ii) upon request, make such data being sentto the EPAair quality systemAQS, no laterthan available to the Administrator;" 90 days afterthe end ofa calendar quarter. RSA 125-C:6 Powers and Duties of the Commissioner: - RSA125-C:6, IV authorizes the Commissionerto 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 ofthe federal government. RSA 125-C:6, XVI authorizes the Commissionerto establish an air quality monitoring equipment replacement programto provide for sufficient annual replacementto meetfederal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment.Page 6



### CAASection SIP Requirement

(Each such plan shall . . .) New Hampshire Program 110(a)(2)(C) "include a programto provide for the RSA 125-C:4 Rulemaking Authority; Subpoena Power: Programfor enforcement ofthe measures - RSA 125-C:4, I authorizes rulemaking to control enforcement of described in subparagraph (A), and emissions and establish a permit program . control measures regulation ofthe modification and

construction ofany stationary RSA 125-C:11 Permit Required provides for a permit source within the areas covered by program, permits with enforceable emission limits, and the plan as necessary to assure that emission control measures. national ambientair quality RSA 125-C:15 Enforcement: standards are achieved, including a - RSA 125-C:15, I authorizes NHDES to issue orders to permit programas required in parts correct violations RSA 125-C . C and D;" - RSA 125-C:15, I-b, II, I!I and IV provide for penalties for violations of RSA 125-C . These statutes establish legal authority for the enforcement of New Hampshire Rules Governing the Control ofAir Pollution (Env-A 100-4300) . 110(a)(2)(D) "contain adequate provisions - Revision tothe New Hampshire State Implementation Plan: Interstate transport (i) prohibiting, consistent with the On March 11, 2008, NHDES submitted a SIP revision to EPA

provisions ofthis title, any source addressing interstate air pollution transport to fulfill the or other type of emissions activity requirements of CAAsection 110(a)(2)(D)(i) . within the State fromemitting any air pollutant in amounts which will RSA 125-C:6. XV and Part Env-A 619address the (I) contribute significantly to prevention ofsignificant deterioration (PSD) of ambient air nonattainment in or interfere quality in relation to interstate transport of pollutants and

, with maintenance by any other protection ofair quality in Class I international parks -see

, State with respect to any such programdescription for CAAsection 110(a)(2)(J) . national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable; requirements of sections 126and 115 (relating to interstate and international i i

, ,I pollution abatement) ;"Page 7



### CAASection SIP Requirement

(Each such plan shall . . .) New Hampshire Program 110(a)(2)(E) Adequate "provide - RSA 125-C:6 Powers and Duties ofthe Commissioner

(i) necessary assurances that the authorizes the NHDES Commissioner to enforce the state's resources State (or, except where the air laws, establish a permit program, accept and administer

Administrator deems inappropriate, grants, and exercise all incidental powers necessary to carry the general purpose local out the law . government or governments, or a regional agency designated by the RSA 125-C:12Administrative Requirements authorizes State or general purpose local the Commissioner to collect fees to recover the costs of governments for such purpose) will reviewing and acting upon permit applications and enforcing the terms of permits issued have adequate personnel, funding, . and authority under State (and, as The State of NewHampshire Air Quality Implementation appropriate, local) law to carry out Plan, as originally submitted on January 27, 1972, and such implementation plan (and is subsequently amended, describes the existing organizations, not prohibited by any provision of manpower, funding, and physical resources to carryoutthe plan. Federal or State law

fromcarrying out such implementation plan or RSA21-0:11 Air Resources Council establishes the NH portion thereof), Air Resources Council, a state board that has the authority to hear enforcement and permit appeals. The Council consists (ii) requirements that the State comply of 11 members, 6 ofwhommust represent the public with the requirements respecting interest. Those representing the public interest may not State boards under section 128, and derive any significant portion of their income frompersons (iii) necessary assurances that, subject to permits or enforcement orders, and may not serve where the State has relied on a as attorney for, act as consultant for, serve as officeror local or regional government, directorof, orhold any other official orcontractual relationship agency, or instrumentality for the with any person subject to permits or enforcement orders. implementation of any plan provision, the State has responsibility for The State of New Hampshire does not rely on any local or ensuring adequate implementation

" regional government, agency, or instrumentality forthe

implementation of any provision of the SIP of such plan provision; . RSA125-S Motor Vehicle Air Pollution Abatement Fund establishes a fund to be used for costs incurred by NHDES in the prevention and abatement ofon-road motor vehicle emissions. Funding is provided through a transfer of fees collected for motorvehicle inspection stickers.Page 8



### CAASection SIP Requirement

(Each such plan shall . . .) New Hampshire Program 110(a)(2)(F) "require, as may be prescribed by RSA 125-C:6 Powers and Duties of the Commissioner Stationary source the Administrator - authorizes the Commissioner to require owners or operators emissions (i) the installation, maintenance, and of stationary sources to install, maintain, and use emission monitoring and replacement of equipment, and the monitoring devices and to make periodic reports to the reporting implementation of other necessary Commissioner on the nature and amounts of emissions from

steps, by owners or operators of such stationary sources. The Commissioner shall have the stationary sources to monitor authority to make such data available to the public and to require emissions fromsuch sources, as necessary correlation with any applicable emission standards. (ii) periodic reports on the nature CHAPTER Env-A 800Testing and Monitoring Procedures and amounts of emissions and establishes minimumtesting and monitoring procedures, emissions-related data fromsuch calculation procedures, standards, and requirements in order sources, and to determine compliance with applicable state and federal (iii) correlation of such reports by statutes and rules. Applicable parts include: the State agency with any emission - Part Env-A802 Compliance Stack Testing for Stationary limitations or standards estabiished Sources pursuant to this Act, which reports - Part Env-A 803 NOx RACT Testing Procedures shall be available at reasonable times for public inspection;" - Part Env-A 804 Volatile Organic Compound Testing - Part Env-A 805 Capture Efficiency [for VOCs] - Part Env-A 806 Sulfur ContentTesting of Fuels - Part Env=A 807 Testing for Opacity of Emissions - Part Env-A 808 Continuous Emission Monitoring - Part Env-A 809 Approval of Alternate Methods CHAPTEREnv-A 900 Owner or Operator Recordkeeping 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 ofdemonstrating compliance, compiling emission inventories, and developing air related strategic plans. Applicable parts include: - Part Env-A902 Availability of Records - Part Env-A903 General Recordkeeping Requirements - Part Env-A 904 VOC Emission Statements Recordkeeping Requirements - Part Env-A905 NOx Emission Statements Recordkeeping Requirements - Part Env-A 906 Additional Recordkeeping Requirements - Part Env-A 907 General Reporting Requirements - Part Env-A 908 VOCEmission Statements Reporting Requirements - Part Env-A 909 NOx Emission Statements Reporting Requirements - 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 Subpart Env-A 902.01(d) reads: "Subject to Env-A 103, all data submitted to the division, including emission data and applicable emission limitations, shall be made available to the public." Env-A 103 provides a mechanismby which a person who submits information to the director can protect confidential information, to the extent permitted under RSA 125-C:6, Vll . Under RSA 125-C:6, VII, emission data is not considered confidential information.Pagc~-9 '



### CAASection SIP Requirement New Hampshire Program (Each such plan shall . . .) 110(a)(2)(G) "provide for authority comparable to RSA125-C:4 Rulemaking Authority; Subpoena Power: Emergency power that in section 303and adequate - RSA 125-C : 4, I states in part: "The commissioner shall adopt contingency plans to implement such rules under RSA541-A relativeto : . . .(c) procedures to meet authority;" air pollution emergencies, as authorized by RSA125-C :9." RSA125-C:9Authority of the Commissioner in Cases of Emergency states: "Wheneverthe commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safety, he maywith consent of the governor and council issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the 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 orderas soon as the emergency ceases to exist. 110(a)(2)(H) "provide for revision of such plan - RSA125-C :6 Powers and Duties of the Commissioner Future SIP (i) fromtime to time as may be states: "In addition to the other powers and duties granted revisions necessarytotakeaccountof revisions of herein, the commissioner shall have and may exercise the

such national primaryorsecondary following powers and duties: .. . II. Developing a comprehensive ambient air quality standard or the programand provide services forthe study, prevention and availability of improved or more abatement of air pollution. ." expeditious methods of attaining such standard, and In addition to this legal authority, CHAPTEREnv-A 200 (ii) except as provided in paragraph Procedural Rules, Part Env-A 204 Public Hearings on the whenever the Administrator (3)(C) State Implementation Plan provides procedures for State , finds on the basis of information Implementation Plan hearings. available to the Administrator that the plan is substantially inadequatetoattain the national ambient airquality standard which it implements orto otherwise complywith any additional requirements established underthis Act;" 110(a)(2)(J) "meet the applicable requirements of RSA125-C:6 Powers and Duties of the Commissioner Consultation with section 121 (relating to states: "In addition to the other powers and duties granted government consultation),, . ." herein, the commissioner shall have and mayexercise the officials 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 otheraffected 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 airpollution in the state; VI-a. Encouraging the recycling ofwaste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists ofat least 90percent virgin No. 6oil andthe remainder complying with the used fuel oil specifications in 40CFR, section 279

.11, table 1 ; . . . 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 forthe control and abatement ofair pollution. . ."

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### CAASection SIP Requirement

(Each such plan shall . . .) ' New Hampshire Program i CONTINUED - CHAPTER Env-A 600 Statewide Permit System : - Part Env-A621 Permit Notice and Hearing Procedures: Temporary Permits and Permits to Operate (formerly I incorporated into CHAPTEREnv-A208) specifies the public notice and hearing procedures that apply to all applications forthe issuance of, amendment to, or denial oftemporary permits and permits to operate. - Part Env-A622Permit Notice and Hearing Procedures: Title VOperating Permits (formerly incorporated into CHAPTER Env-A200) specifies the public notice and hearing procedures that apply to all applications forthe issuance, significant modification to or renewal ofTitle V operating permitsfiles with the department and all requests for Title Voperating permit re-openings. CHAPTER Env-A 1500 Conformity provides for consultation with local agencies and planning commissions with respect to transportation conformity and the conformity offederal actions related to transportation projects. 110(a)(2)(J) Public "meet the applicable requirements RSA125-C:6 Powers and Duties of the Commissioner notification of. .. section 127 (relating to public states: "In addition to the other powers and duties granted notification), .. ." 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 airquality; Vl . Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state; . . ." RSA 125-C:12Administrative Requirements states: ". . . II . The commissioner shall act upon a permit application within a reasonable period of time. Prior to such action, the commissioner shall provide nctice ofthe application by publication in at least one newspaper of general circulation. The commissioner shall also provide an opportunity for a hearing to interested persons. The requirement of public notice and hearing shall not apply to such devices or sources that will have, in the opinion of the commissioner, an insignificant effect on air quality. The commissioner may adopt rules relative to the requirements of public notice and hearing for such devices or sources. IlI. Any person aggrieved by the decision of the commissioner granting or denying a permit application may within 10days of the decision file an appeal with the air resources council . The air resources council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's decision. . ." In implementing this authority, NHDESissues press releases in advance of unhealthful PM25 and ozone days. NHDESalso posts warnings on its website, advising people what they can do help prevent NAAQSexceedances and avoid adverse health effects of poor quality air days.Page t.l 

### CAASection SIP Requirement

(Each such plan shall . . .) New Hampshire Program 110(a)(2)(J) "meet the applicable requirements RSA 125-C:6 Powers and Duties of the Commissioner PSD and visibility of. .. part C (relating to prevention of states: "In addition to the other powers and duties granted Protection significant deterioration of air quality herein, the commissioner shall have and may exercise the

and visibility protection) ;" following powers and duties: . . . XV . Implementing a programof prevention ofsignificant deterioration ofambient air quality by establishing air quality increments limiting the maximumallowable 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; . . ." CHAPTEREnv-A 600Statewide Permit System, Part EnvA 619 (formerly Env-A623) Prevention of Significant Deterioration (PSD) of Air Quality Permit Requirements addresses the prevention of significant deterioration of air quality and visibility protection, in compliance with the requirements of40CFR51 .166, 40CFR 52.21 and RSA-125-C. 110(a)(2)(K) Air quality "provide for - CHAPTER Env-A 600 Statewide Permit System, Part Envmodeling/data (i) the performance of such air A606 Air pollution Dispersion Modeling Impact Analysis

quality modeling as the Requirements, eff. 4-26-03, specifies the air pollution Administrator may prescribe for the dispersion modeling impact analysis requirements that shall purpose of predicting the effect on apply to owners and operators of certain sources and ambient airquality ofany emissions devices in order to demonstrate compliance with the New of any air pollutant for which the Hampshire State Implementation Plan, RSA 125-C, RSA Administrator has established a 125-I, and any rules adopted thereunder. national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator;" 110(a)(2)(L) "require the owner oroperator of RSA125-C:4 Rulemaking Authority; Subpoena Power Permitting fees each major stationary source to pay states: "I . The commissioner shall adopt rules under RSA

to the permitting authority, as a 541-A, relative to:. . . condition of any permit required under (i) Fees for permit application and review, as authorized by this Act, a fee sufficient to cover - RSA 125-C:12, IV. . ." (i) the reasonable costs of reviewing and acting upon any application for RSA 125-C:12Administrative Requirements states: such a permit, and " . . .IV. As a condition of any permit required, the (ii) ifthe owner or operator receives commissioner may require payment of a fee to cover the a permit for such source, the reasonable costs of reviewing and acting upon the reasonable costs of implementing application for a permit and of implementing or enforcing the and enforcing the terms and terms and conditions of a permit. The applicant shall pay any conditions of any such permit (not cost or expense associated with public notices or including any court costs or other notifications in the permit process. The commissioner shall costs associated with any adopt rules relative to a fee schedule for applicants and the enforcement action), until such fee collection of fees under the schedule. All fees and monetary requirement is superseded with grants, gifts, donations, or interest generated by these funds respect to such sources by the I shall be deposited with the state treasurer in a special Administrator's approval ofa fee nonlapsing fund to be known as the air resources fund and programundertitle V;" shall be continually appropriated to the department forthe administration ofthis chapter.

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### CAASection SIP Requirement

(Each such plan shall . . .) i New Hampshire Program ; CONTINUED - V. As a condition of any permit to operate under RSA 125- li 1, I-a, the commissioner may require payment of a fee to ! CA cover the reasonable costs of reviewing and acting upon the ~, application for a permit to operate, permit renewal, and , permit modification of an affected source, and of I implementing or enforcing the terms and conditions of an j affected source permit. The applicant shall pay any cost or ' expense associated with public notices or notifications in the ' permit process. The commissioner shall adopt rules relative to a fee schedule for applicants and the collection of fees under the schedule. Funds collected by the commissioner under this paragraph frompermit fees 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 ofa statewide systemof permitting for the construction, operation, or modification of any new or existing affected source." CHAPTER Env-A 700 Permit Fee System : The purpose of this chapter is to establish a fee systemrequiring 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 TitleV 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 programforTitle V and nonTitle Vsources. 110(a)(2)(M) "provide for consultation and RSA 125-C:6 Powers and Duties ofthe Commissioner Consultation and participation by local political states: "In addition to the other powers and duties granted participation by subdivisions affected by the plan." herein, the commissioner shall have and may exercise the affected local following powers and duties: . . . entities 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; VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists of at least 90 percent virgin No. 6 oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1 ; . . . 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 ofair pollution. ."