ATTACHMENT B 

Administrative Documents: 

Evidence of Legal Authority 

Certification of Public Process 

Copy of Public Notice 

Public Comments and State's Response 
TITLE X 

PUBLIC HEALTH 

CHAPTER 1ZS-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C:4 Rulenuaking Authority; Subpoena Power. - 

I. The commissioner shall adopt rules under RSA 541-A, relative to : 

(a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air 

source pollution, mobile source pollution, and stationary source pollution. 

(b) Primary and secondary ambient air quality standards. 

(c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9 . 

(d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 

125-C:11. I and RSA 125-C:11 . I-a. 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 

125-C:11, as authorized by RSA 125-C:11,11. 

(f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I 

and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11, I. 

(g) The forms and information required on applications for temporary and permanent permits required under 

RSA 125-C:11 . as authorized by RSA 125-C:12, I. 

(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as 

authorized by RSA 125-C:12, 11 . 

(i) Fees for permit application and review, as authorized by RSA 125-C:12, IV. 

(j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial. 

suspension or revocation, as authorized by RSA 125-C:13. 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI. 

(1) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I. 

(m) Procedures for granting variances, as authorized by RSA 125-C:16. 

(n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. 

(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-

C:I0-b, VII(f) . 

(p) The duration of time during which no additional best available control technology determination is required 

as provided in RSA 125-C:10-b, N and VI. 

(q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be 

combusted in a device at an affected source subject to RSA 125-C:10-b. 

(r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, 

XIV-a. 

I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the 

California air resources board relative to certification and testing of vapor recovery equipment. 

I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test 

methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) 

concerning consumer products, as defined in RSA 125-C:2, V-c. 

11 . The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the 

production of such evidence and to administer such oaths and to take such testimony as he may deem necessary . 

Source. 1979. 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5 . 2003, 137:3. 2004, 175:2, eff'. May 27, 

2004. 2005, 173:3, eff. June 29. 2005. 2008, 113:3, efE: Aug. 2, 2008. 
TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C :6 

1LS-C" 6 Powers and Duties of the Commissioner.- In addition to the other powers and duties granted herein, 

the commissioner shall have and may exercise the following powers and duties : 

I. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and 

orders promulgated under it ; 

II . Developing a comprehensive program and provide services for the study, prevention, and abatement of air 

pollution; ' 

III. Conducting and encouraging studies relating to air quality; 

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 

govemment, 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 

bum, 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 ; 

V fl. Entering at all reasonable times in or upon any private or public property, except private residences, for the 

purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in 

violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to 

secret processes or methods of manufacture or production obtained in the course of such inspection or investigation 

shall not be disclosed by the commissioner without permission of the person whose source is inspected or 

investigated; 

VIII . Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of 

the functions of this chapter, including such monies given under any federal law to the state for air quality control 

activities, surveys, or programs; 

IX. Consulting the-air resources council established by RSA 21-0:11 on the policies and plans for the control and 

prevention of air pollution; 

X. Exercising all incidental powers necessary to carry out the purposes of this chapter; 

XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use 

emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of 

emissions from such stationary sources. The commissioner shall have the authority to make such data available to 

the public and as correlated with any applicable emission standards; 

XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with 

applicable emission standards when necessary and practicable and to control or limit the operation of motor 

vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation 

are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an 

ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal 

regulations, of existing air quality in an area classified as a ""clean air" area by state or federal regulations; 

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 of air 

pollution; 

XIV. Establishing and operating a statewide system under which permits shall be required for the construction, 

installation, operation or material modification of air pollution devices and sources, which system shall be 

established pursuant to RSA 125-C:11 and the sections which follow. The authority vested in the commissioner by 

this section shall include the power to delay or prevent any construction, modification or operation of said air 

pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air 

pollution level in the locality of such construction, modification or operation to exceed limits for ambient 
concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act 

as amended, or which construction, modification or operation would, in the opinion of the commissioner, violate any 

provision of any land use plan established by the New Hampshire state implementation plan; 

XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw 

mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass 

fuel related to the combustion of such materials at stationary sources. The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I. 

XV. Implementing a program of prevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable 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 ; 

XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual 

replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy 

of the network equipment. 

XVII. Implementing a program to control the emissions of air contaminants from consumer products for purposes 

of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits 

are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations 

promulgated under the Clean Air Act. 

Source. 1979, 359:2. 1981, 332:3 . 1986, 202:6, I(h), 8, 10. 1988, 277:1 . 1995 . 192:1 . 1996, 228:104. 2001, 293:6, 

ef£ July 17, 2001 . 2008, 113:4, eff. Aug. 2, 2008. 
JOHN H. LYNCH 

Governor 

,*fAR of cNrfu panTsIfte 

OFFICE OF THE GOVERNOR 

107 North Main Street, State House - Rm 208 

Concord, New Hampshire 03301 

Telephone (6©3) 27I"2121 

www.nh.govlgovernor 

governorlynchCa'ah.gov 

May 25, 2006 

Robert W. Varney, Regional Administrator 

U.S . EPA Region I 

Suite 1100 (RAA) 

1 Congress Street 

Boston, MA 02114-2023 

Dear Mr. Varney: 

I have designated Robert R. Scott, Director of the New Hampshire Air Resources 

Division, as the official having the authority to request the U.S. Environmental Protection 

Agency approval of ail New Hampshire State Implementation Plan revisions. Mr. Scott 

replaces Mr. Kenneth Calburn who previously held this authority. 

cc: Michael Y. Nolin, NHL)1;:S Commissioner/ 

Robert R. Scott, NHDES A.RD Director ;/ 
#1 !HDES 

The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

Celebrating 25years of protecting 

New Hampshire's environment. 

CERTIFICATION OF PUBLIC PROCESS: 

Maintenance Plan for Former 1-Hour Ozone Nonattainment Areas in 

Cheshire, Hillsborough, Merrimack, Rockingham, and Strafford Counties 

I hereby certify that : 

In accordance with New Hampshire Administrative Rule Env-A 204 .01(b) and Federal regulations 

at 40 CFR § 51 .102, public notice was given that the New Hampshire Department of Environmental 

Services (the Department) intended to submit for the approval of the U.S. Environmental Protection 

Agency (EPA) a revision of the New Hampshire State Implementation Plan (SIP) in the form of a 

maintenance plan for areas in Cheshire, Hillsborough, Merrimack, Rockingham, and Strafford 

Counties that were designated as nonattainment areas for the former national ambient air quality 

standard for 1-hour ozone but subsequently designated as classified/attainment areas for the 1997 

standard for 8-hour ozone. 

A public hearing on the SIP revision was held at 10 :35 a.m., Tuesday, January 24, 2012, at the 

Department's offices in Rooms 110 and 111 at 29 Hazen Drive, Concord, NH 03301 . Opportunity 

was provided for members of the public to submit oral comments during the hearing or written 

comments at any time up to 4 :00 p.m . on the hearing date, for consideration by the Department in 

preparing the final SIP revision. 

A copy of the draft SIP revision was available for public inspection at the Department's offices at 29 

Hazen Drive, Concord, NH, during regular working hours from 8 :00 a.m. to 4:00 p.m., Monday 

through Friday, throughout the comment period . The draft SIP revision was also available for 

downloading from the Department's website at http://des .nh.gov. 

The notice was published in the Union Leader, a newspaper of general, statewide circulation, on 

Friday, December 23, 2011, more than 30 days prior to the date of the hearing. 

A complete record of the public hearing is available on tape at the offices of the New Hampshire 

Department of Environmental Services, 29 Hazen Drive, Concord, NH. 

The above statements are true to the best of my knowledge and belief. 

Robert R. Scott ~ 

Director, Air Resources Division 

2 l Fe, 4 /7- 

Date 

www.des.nh.gov 

29 Hazen Drive " PO Box 95 " Concord, NH 03302-0095 

(603) 271-3503 " TDD Access: Relay NH 1-800-735-2964 
STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES 

DIVISION CONCORD, NEW HAMPSHIRE NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC 

HEARINGS In accordance with New Hampshire Administrative Rule Env-A 204 .01(b) and Title 

40 of the Code of Federal Regulations (CFR) Section 51 .102, notice is hereby given that the 

New Hampshire Department of Environmental Services, Air Resources Division (the 

Department) has prepared, and intends to submit to the U .S . Environmental Protection Agency 

(EPA) for approval, a request for redesignation of the Boston-Manchester-Portsmouth (SE), 

New Hampshire 8-hour ozone (1997 standard) nonattainment area, including a maintenance 

plan for that area, hereinafter referred to as "Request for Redesignation (including MP I)," 

pursuant to section 110(a) of the federal Clean Air Act . This request, if approved by EPA, will 

revise New Hampshire's State Implementation Plan (SIP) . In addition, the Department has 

prepared and intends to submit to EPA for approval as a SIP revision a maintenance plan, 

hereinafter referred to as "MP II," for the area of the state that was formerly designated 

nonattainment for the 1-hour ozone standard, but which was classified as 

unclassifiable/attainment for the 8-hour ozone standard . The Boston-Manchester-Portsmouth 

(SE), New Hampshire 8-hour ozone (1997 standard) nonattainment area consists of 52 cities 

and towns in the southern and/or eastern parts of Hillsborough, Merrimack, Rockingham, and 

Strafford Counties. Ground-level ozone monitoring data for the most recent 3-year monitoring 

period of 2008-2010 show that air quality in the nonattainment area has met the 1997 

National Ambient Air Quality Standard for 8-hour ozone. For EPA to approve the Request for 

Redesignation, the Department must submit maintenance plan MP I as part of this request, 

detailing how the state will insure that the area will not fall back into nonattainment once it is 

redesignated as attainment. MP I must demonstrate that the area will remain in compliance for 

a period of 10 years from the date of redesignation . The former nonattainment area for the 1-

hour ozone standard that was classified as unclassifiable/attainment for the 8-hour ozone 

standard on June 15, 2004, consists of 79 cities and towns in Cheshire County and the 

northern and/or western parts of Hillsborough, Merrimack, Rockingham, and Strafford 

Counties . The maintenance plan for this area, MP II, must demonstrate that the area will 

remain in compliance with the 8-hour ozone standard for the 10-year period from June 15, 

2004 to June 15, 2014 . The Department hereby solicits comments and has scheduled public 

hearings on the Request for Redesignation (including MP I) and MP II . A public hearing on the 

Request for Redesignation (including MP I) has been scheduled for 10 :30 a .m ., Tuesday, 

January 24, 2012, at the Department offices in Rooms 110 and 111 at 29 Hazen Drive, 

Concord, NH 03301 . A public hearing on MP II has been scheduled to start at the conclusion of 

the first hearing . Comments may be presented orally and/or in writing at the public hearings. 

Written comments may also be submitted by postal delivery, email, or fax to Charles Martone, 

Air Resources Division, NH Department of Environmental Services, P.O . Box 95, Concord, NH 

03302-0095 ; email CharIes.Martone@des .nh .gov; fax (603)271-1381 . Please specify which 

plan each comment addresses. All written comments on the Request for Redesignation 

(including MP I) and all written comments on MP II must be received by 4 :00 p .m . on Tuesday, 

January 24, 2012, to be entered into the record . The Request for Redesignation (including MP 

I) and MP II are available for public inspection at the Department's offices at 29 Hazen Drive, 

Concord, NH, during regular working hours from 8 :00 a .m . to 4 :00 p .m ., Monday through 

Friday . The main text of both documents may be downloaded from the Department's website 

at http ://des .nh .gov/ . Questions regarding the Request for Redesignation (including MP I) and 

MP II may be directed to Charles Martone at (603) 271- 1089. Robert R. Scott Director, Air 

Resources Division NH Department of Environmental Services Dated : December 23, 2011 

Appeared in : The Union Leader on Friday, 12/23/2011 
Responses to Comments on 

New Hampshire's Proposed Maintenance Plan for 

Former 1-Hour Ozone Nonattainment Areas in Cheshire, Hillsborough, 

Merrimack, Rockingham, and Strafford Counties 

On January 24, 2012, the New Hampshire Department of Environmental Services (NHDES) 

received comments from the U.S . Environmental Protection Agency (EPA) on New Hampshire's 

proposed Section 110(a)(1) maintenance plan for former 1-hour ozone nonattainment areas in 

Cheshire, Hillsborough, Merrimack, Rockingham, and Strafford Counties. No other comments 

were received . The following are NHDES's responses to EPA's comments. Comments are written 

in regular font and responses are written in italics. 

1 . On page 6, the citation "(40 FR 72574)" should be "(67 FR 72574)." 

Response: The citation has been corrected. 

2. On page 6, the citation "(40 FR 59338)" should be "(70 FR 59338)." 

Response: As above. 

Ozone Data 

3 . On page 12, Table 3-1 should identify that the ozone concentrations are presented in units of 

parts per billion (ppb). 

Response: The requested clarification has been added. 

4 . On page 12, in Table 3-1, the 2012 threshold values should be as follows: 

Keene 129 ppb 

Peterborough 116 ppb 

Nashua 123 ppb 

Concord 123 ppb 

Portsmouth 125 ppb 

Rye 123 ppb 

Therefore, NH DES should adjust the "most recent year at or above the threshold" column 

correspondingly. In addition, it should be noted that in the current version of the table, it appears 

that 1-hour values, rather than 8-hour values, were used when determining the most recent year at or 

above the threshold. 

Response: The 2012 threshold values and the most recent years at or above threshold have been 

corrected in the table. 
Page 2 of 5 

Motor Vehicle Emission Estimates 

5 . The CD files submitted to EPA for review only included the MOVES2010 input and output files 

associated with the redesignation request. The final submittal of the Section 110(a)(1) maintenance 

plan should also include the MOVES2010 files associated with this plan. 

Response: Preliminary MOVES input/output files for the maintenance plan were mailed on a CDROM to Ariel Garcia, EPA, as requested in a phone call to Felice Janelle, NHDES. A complete 

data CD-ROM, including MOVES input/output files and supportingfiles for the 2002, 2012, and 

2014 emissions inventories, is beingprovided in association with this Section 110(a)(1) 

maintenance plan submittal. 

2002 Inventory and Projections to 2012 and 2014 

6. Page 11 of the proposed maintenance plan for attainment areas in the 5-county, former 1-hour 

ozone nonattainment areas indicates that, 

"There has been a decline in actual point source VOC emissions since 2002, which is 

partially attributable to the closure of two relatively large VOC-emitting sources (Batesville 

Manufacturing, Inc., and Venture Holdings). However, because NHDES has retained the 

emission reduction credits from these facility closures for possible future use, these emission 

reductions are not included in the 2012 and 2014 inventories." 

EPA suggests that NH DES clarify that although these facilities have been closed, their emissions 

have been retained in the 2012 and 2014 inventories . 

Response: The emissions reductions from the closings of Batesville Manufacturing and Venture 

Holdings were retained in the 2012 and 2014 inventories. The relevant wording in Section 2.3 of 

the maintenance plan has been revised to clarify this fact. 

7. New Hampshire selected its 2002 emissions inventory to use as the base year inventory for the 

maintenance plan developed to support redesignation of former 1-hour nonattainment areas in the 

state. The 2002 inventory was submitted to EPA on June 7, 2007. New Hampshire's final 

maintenance plan submittal for this area should include a reference to the 2002 inventory submittal, 

as EPA will need to approve the 2002 inventory into the SIP . 

Response: The second paragraph of Section 2.1 of the maintenance plan has been revised to 

provide specific reference to the 2002 emissions inventory previously submitted to EPA. 

8. It is evident that New Hampshire intends to use full county inventories for the maintenance plan 

for the 5 county former 1-hour nonattainment areas. This should be clearly stated in the final 

maintenance plan submittal, particularly since the maintenance plan developed for New 

Hampshire's 8-hour nonattainment area was not prepared using full counties, but rather, is based on 

the town by town geography of that area. 

Response: Full county inventories were used as a reasonable proxy for the irregularly-shaped 

geographic region that comprises the planning area for the maintenance plan. Wording in Section 

2 of the maintenance plan has been edited to explain and clari, fy this fact. 
Page 3 of 5 

9. The inventory estimates contained in the 2002 inventory are summarized in several different 

geographic arrangements . The closest summary that corresponds to the 5-county area that is the 

subject of this maintenance plan is the summary for the "1-hour 4-county area". The four counties 

included in this summation are Hillsborough, Merrimack, Rockingham, and Strafford. By adding in 

emissions for Cheshire County, the inventory for the 5-county area that is the subject of the onehour redesignation request can be obtained. Table 1 below illustrates this exercise for VOC 

emissions using the 2002 emissions inventory, and then compares that sum to the emission 

estimates shown within Table 2-1 of the state's proposed maintenance plan for this area. Table 2 

illustrates this comparison for NOx emissions. 

5 Counties from 5 County Total 

Source 4 County Cheshire Inventory (4 County From proposed 

Category Area County area + Cheshire Maintenance plan 

Point 15,700 198 15,898 15 , 898 

Onroad 68,286 6,387 74,673 87,161 

Area + 

Nonroad 147,648 17,870 165,518 162,001 

Total - ~- 231,634 24,455 256,089 265,060 

Table 2: Comnarison of 2002 NOx emissions for the 5 Countv area flbs/davl 

5 County Total 5 County Total I 

Source 4 County Cheshire From 2002 From proposed ' 

Category Area County Inventory Maintenance plan 

Point 66,760 587 67,347 67,3471 

Onroad 134,647 9,652 144,299 261,303 

Area + 

Nonroad 79,350 6,310 85,660 60,303 

[ Total 1 280,75 71 16,549 297,306 388,9537 

The reasons for the differences in the 5 county total emission estimates should be identified and 

corrected. 

Response: The reasons for the differences in the 5 county total emissions between the 2002 

inventory and the proposed maintenance plan are as follows: 

The on-road mobile emissions estimates for the maintenance plan were calculated with 

MOVES, which was not available at the time that the 2002 Periodic Emissions Inventory 

was prepared. On-road mobile emissions estimates for the 2002 Periodic Emissions 

Inventory were calculated using MOBILE6.2 emission factors. 

Similarly, Stage II vehicle refueling emissions estimates (SCC 25-O1-060-100) for the 

maintenance plan were calculated with MOVES and were included and reported in the 

on-road mobile category. Stage II emissions estimates for the 2002 Periodic Emissions 

Inventory were calculated using MOBILE6.2 emission factors, and they were reported in 

the area source category. Since this category is now calculated with MOVES and 

included under on-road mobile, the MOBILE6.2-based stage II refueling emissions 

estimates were removed from the area source inventory. This resulted in an adjustment 

to the 2002 maintenance plan area source inventory of -2,638 pounds per day of VOC 

when compared with the previously submitted 2002 Periodic Emissions Inventory. 

Table 1: Comparison of 2002 VOC emissions for the 5 Coun area lbs/da 
Page 4 of 5 

In compiling the 2002 figures for the maintenance plan, it was. 

discovered that emissions 

estimates for the industrial wood combustion category (SCC 2-02-008-000) should not 

have been calculated and reported under the area source category. All industrial wood 

combustion in 2002 would have occurred at permitted point source facilities, and 

making an area source estimate for this category caused double-counting. Therefore, 

the area source estimate for industrial wood combustion was removed. This resulted in 

a correction to the 2002 maintenance plan area source inventory of -25,35 7 and -880 

pounds per day of NOx and VOC respectively when compared with the previously 

submitted 2002 Periodic Emissions Inventory. 

This explanation has been added to Section 2.3 of the maintenance plan. 

10. Section 2 .2 of the proposed maintenance plan for the 5-county attainment area mentions that 

growth factors from the Economic Growth and Analysis System (EGAS) were used to project point 

and area source emissions to 2012 and 2014 . The final submittal should include the specific point 

and area source growth factors that were used to make these projections. 

Response: All of the supporting technical files for the projected 2012 and 2014 emissions 

inventories relevant to the Section 110(a)(1) maintenance plan are being provided to EPA on CDROM. These files include the EGAS factors that were used to do the projections. Because final, 

quality-assured emissions data for calendar year 2011 are not yet available, NHDES used 2010 

actual emissions data and the applicable growth factors to develop revised point source emissions 

estimates for the 2012 and 2014 inventories. Table 2-1 of the maintenance plan has been revised 

accordingly. 

Continizency Measures 

11 . On page 13 in Section 4, NH DES cites one reason to investigate an ozone season exceedance as 

"an anomaly in the ozone-season meteorology" . Since weather anomalies alone do not exempt NH 

DES from contingency measures, EPA recommends replacing this bullet with reference to 

"exceptional events," as shown below: 

"2. If the design value is above the standard/or any ozone monitor, NHDES will investigate 

the cause and determine whether the exceedance is due to : 

" an increase in emissions from local, in-state sources; 

" an increase in emissions from upwind, out-of-state sources ; or 

an exceptional event as defined in 

40 CFR 50.1 ." 

Response: The requested rewording has been made. 

12. On page 13, EPA recommends that NH DES delete the word "significant" from the third step for 

the protocol, as shown below, since all factors contributing to ozone exceedances should be evaluated: 

"3 . If an increase in in-state emissions is determined to be a signifie contributing factor 

to the exceedance, NHDES will evaluate the projected in-state emissions for the next ozone 

season ." 

Response: The word "significant" has been removed. 
Page 5 of 5 

13 . On page 13, the 4th step of the protocol states : 

"The contingency measures(s) will be selected by the Governor or the Governor's designee 

within six months of the end of the ozone season for which contingency measures have been 

determined to be needed. New Hampshire will then initiate a course of action to implement 

enforceable control measures) to rectify the problem. New rulemaking, when required, can 

typically be adopted and implemented within a 12-month timeframe, assuming that no new 

legislation is required ." 

In the final submittal, NH DES should clarify the timeframe to implement contingency measures. 

Response: The end of the quoted paragraph has been revised to read as follows: "New rulemaking 

can typically be adopted and implemented within a 12-month timeframe. NHDES will update the 

maintenance plan as necessary and develop and implement required regulations as soon as 

practicable within the guidelines established in the New Hampshire Administrative Procedures Act, 

but no later than 18 months after selection of the appropriate measure. " 

14 . The following sentence from page 18 of the section 110(a) maintenance plan should either be 

corrected, or clarified: 

"Note: New Hampshire previously prepared and submitted to EPA a 2008 periodic 

emissions inventory as required by the Clean Air Act." 

It is not clear whether New Hampshire is referencing a periodic emissions inventory submittal and 

accompanying text write-up, such as the submittal New Hampshire made to EPA on June 7, 2007, 

of a 2002 periodic inventory, or whether this sentence is referring to New Hampshire's electronic 

data submittal to the EPA's national emissions inventory database of emission estimates for calendar 

year 2008 . 

Response: New Hampshire was referencing the 2008 emissions inventory in a broad sense, as 

information that corroborates the observed downward trend in emissions. The broader 2008 

emissions inventory includes the electronic data submittal that New Hampshire made to EPA for 

inclusion in the 2008 National Emissions Inventory as well as the 2008 inventory SIP submittal that 

New Hampshire is making in conjunction with the 8-hour ozone redesignation request. The 

sentence in question has been revised accordingly.