### 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 

# CHAPTER1ZS-C AIR POLLUTION CONTROL

Section 125-C

:4 125-C:4 RulenuakingAuthority; 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) Theestablishment and operationof 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) Theexemption of certain devices and non-Title Vsources fromthe 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 forair 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 ofconsumer 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, NandVI . (q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in adevice at an affected source subject to RSA 125-C :10-b . (r) Standards andtesting 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 certificationand testing ofvapor recovery equipment. I-b. In adopting rules undersubparagraph 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 deemnecessary. 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 CHAPTER125-C AIR POLLUTION CONTROL

Section 125-C:6 1LS-C " 6Powers and Duties of the Commissioner.- In addition to the other powers and duties granted herein, thecommissioner shall have and may exercise the following powers andduties: I . Exercising general supervision of the administration andenforcementof this chapter and all rules adopted and orders promulgated under it; II . Developing a comprehensive programand provide services for the study, prevention, and abatement of air ' pollution; III . Conducting and encouraging studies relating to air quality; IV. Collecting and disseminatingthe results of studies relating to air quality; V . Advising, consulting, and cooperating with thecities 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 promotecooperation by the people, political subdivisions, industries, and others in preventing andcontrolling 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 percentvirgin no, 6oil and the remainder complyingwith the used fuel oil specifications in 40CFR, 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 anycondition which is believed to be either an air pollution source or in violationofanyof the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in thecourse 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 ofthis chapter, including such monies given under any federal lawto the state for air quality control activities, surveys, or programs; IX. Consulting the-air resources council established by RSA21-0:11 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 requiringowners 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 fromsuch stationary sources . Thecommissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards; XII . Carrying out a programof inspection and testing ofall 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 modesof transportation when in the opinion ofthe commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in aviolation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, ofexisting 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 abatementof air pollution; XIV . Establishing andoperating a statewide system under which permits shall be required for the construction, installation, operation or material modification of air pollutiondevices and sources, which systemshall be established pursuant to RSA 125-C :11 and the sections which follow . The authority vested in the commissioner by this sectionshall include the power to delay or prevent any construction, modification or operationof said air pollution sources and modifications which, in the opinion ofthecommissioner, would cause theambient air pollution level in the locality of such construction, modification or operation to exceed limits for ambientconcentrations established by the New Hampshire state implementation plan adopted pursuant to theClean Air Act as amended, or whichconstruction, modification or operationwould, 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 andtesting requirements for biomass other than roundwood 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 fromfurniture and other manufacture andeligible biomass fuel related to the combustion of such materials at stationary sources. The commissioner mayestablish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I . XV . Implementing a programofprevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts ofair pollutants provided such increments are not less stringent than those specified in the Clean Air Act andamendments thereto, and in regulations promulgated thereunder ; XVI . Establishing an air quality monitoring equipment replacement programto provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the networkequipment. XVII . Implementing a programto control theemissions of air contaminants fromconsumer 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 thoseestablished 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 ofcNrfu 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. EPARegion I Suite 1100 (RAA) 1 Congress Street Boston, MA 02114-2023 Dear Mr . Varney: I have designated Robert R . Scott, Director ofthe 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 ofprotecting 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 forthe approval of the U .S. Environmental Protection Agency (EPA) a revision of the New Hampshire State Implementation Plan (SIP) in the formof 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. Acopy ofthe draft SIP revision was available for public inspection at the Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from8:00 a.m . to 4 :00 p.m ., Monday through Friday, throughout the comment period. The draft SIP revision was also available for downloading fromthe 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. Acomplete record ofthe 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, NH03302-0095 (603) 271-3503 " TDDAccess: Relay NH 1-800-735-2964STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION CONCORD, NEW HAMPSHIRE NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARINGS In accordance with NewHampshire 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 NewHampshire 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), NewHampshire 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 NewHampshire'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), NewHampshire 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 howthe 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 fromthe 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 fromJune 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 fromthe 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 129ppb Peterborough 116 ppb Nashua 123 ppb Concord 123 ppb Portsmouth 125 ppb Rye 123 ppb Therefore, NHDES 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 MOVES2010files associated with this plan. Response: Preliminary MOVES input/outputfilesfor the maintenance plan were mailed on a CDROM to Ariel Garcia, EPA, as requested in aphone call to Felice Janelle, NHDES . A complete data CD-ROM, including MOVES input/outputfiles andsupportingfilesfor the 2002, 2012, and 2014 emissions inventories, is beingprovided in association with this Section 110(a)(1) maintenanceplan 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 VOCemissions 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 fromthese facility closures for possible future use, these emission reductions are not included in the 2012 and 2014 inventories." EPAsuggests 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 reductionsfromthe closings ofBatesville Manufacturing and Venture Holdings were retained in the 2012 and 2014 inventories. The relevant wording in Section 2.3 of the maintenanceplan has been revised to clarify thisfact. 7. New Hampshire selected its 2002 emissions inventory to use as the base year inventory forthe maintenance plan developed to support redesignation of former 1-hour nonattainment areas in the state. The 2002 inventory was submitted to EPAon June 7, 2007. New Hampshire's final maintenance plan submittal for this area should include a reference to the 2002 inventory submittal, as EPAwill need to approve the 2002 inventory into the SIP. Response: The secondparagraph ofSection 2.1 ofthe maintenance plan has been revisedto 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 proxyfor the irregularly-shaped geographic region that comprises theplanning areafor the maintenance plan. Wording in Section 2ofthe maintenance plan has been edited to explain andclari,fy thisfact.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. 5Counties from 5County Total

Source 4 County Cheshire Inventory (4 County Fromproposed Categ ory 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 of2002 NOx emissionsfor the 5Countv area flbs/davl 5 County Total 5County Total I Source 4 County Cheshire From2002 Fromproposed ' Cat egory Area County Invento ry Maintenance p lan 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 1 280,7571 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 reasonsfor the differences in the 5county total emissions between the 2002 inventory and theproposed maintenance plan are as follows:

The on-road mobile emissions estimatesfor the maintenanceplan were calculated with MOVES, which was not available at the time that the 2002 Periodic Emissions Inventory was prepared

. On-road mobile emissions estimatesfor the 2002 Periodic Emissions Inventory were calculated using MOBILE6 .2 emissionfactors. Similarly, Stage IIvehicle refueling emissions estimates (SCC 25-O1-060-100) for the maintenance plan were calculated with MOVESand were included and reported in the on-road mobile category. Stage II emissions estimatesfor the 2002 Periodic Emissions Inventory were calculated using MOBILE6 .2 emissionfactors, and they were reported in the area source category. Since this category is now calculated with MOVESand included under on-roadmobile, 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-2,638pounds per day of VOC when comparedwith thepreviously submitted 2002 Periodic Emissions Inventory.

Table 1 : Com

p arison of2002VOC

emissions for the 5 Coun area lbs/daPage 4 of 5 

### In compiling the 2002figuresfor the maintenance plan, it was

. discovered that emissions estimatesfor 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 2002would have occurredatpermitted pointsource facilities, and making an area source estimate for this category caused double-counting . Therefore, the area source estimatefor industrial wood combustion was removed . This resulted in a correction to the 2002 maintenance plan area source inventory of-25,357 and-880 pounds per day ofNOx and VOCrespectively when comparedwith thepreviously submitted 2002 Periodic Emissions Inventory . This explanation has been added to Section 2.3 ofthe maintenance plan. 10 . Section 2.2 of the proposed maintenance plan for the 5-county attainment area mentions that growth factors fromthe 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 ofthe supporting technicalfilesfor theprojected 2012 and 2014 emissions inventories relevant to the Section 110(a)(1) maintenance plan are beingprovided to EPA on CDROM . Thesefiles include the EGASfactors that were used to do theprojections. Becausefinal, quality-assuredemissions datafor calendar year 2011 are notyet available, NHDES used 2010 actual emissions data and the applicable growthfactors to develop revisedpoint source emissions estimatesfor the 2012 and2014 inventories. Table 2-1 ofthe maintenance plan has been revised accordingly

. Continizency Measures 11 . On page 13 in Section 4, NHDES 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 fromcontingency measures, EPArecommends replacing this bullet with reference to "exceptional events," as shown below : "2. Ifthe design value is above the standard/or any ozone monitor, NHDESwill investigate the cause and determine whether the exceedance is due to: " an increase in emissions fromlocal, in-state sources; " an increase in emissions fromupwind, out-of-state sources; or an exceptional event as defined in 40 CFR50.1 ." Response: The requested rewordinghas been made. 12. On page 13, EPArecommends that NHDESdelete 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 forthe 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 ofthe end of the ozone season for which contingency measures have been determined to be needed. New Hampshire will then initiate a course ofaction 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, NHDES should clarify the timeframe to implement contingency measures. Response: The endofthe quotedparagraph has been revised to read asfollows: "New rulemaking can typically be adopted andimplementedwithin a 12-month timeframe. NHDESwill update the maintenance plan as necessary anddevelop and implementrequired regulations as soon as practicable within the guidelines established in the New Hampshire Administrative ProceduresAct, but no later than 18 months after selection ofthe appropriate measure . " 14. The following sentence frompage 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 EPAon 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 2008emissions inventory in a broadsense, 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 2008National Emissions Inventory as well as the 2008 inventory SIPsubmittal that New Hampshire is making in conjunction with the 8-hour ozone redesignation request. The sentence in question has been revisedaccordingly.