, 

# NHDES The State of New Hampshire 

### DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

July 23, 2013

H. Curtis Spalding, Regional Administrator U.S. Environmental Protection Agency, Region I 5 Post Office Square, Suite 100 Boston, MA 02109-3912Re: State Implementation Plan Revision Submittal for Env-A 2400 - Ferrous and NonFerrous Foundries, Smelters, ana Investment Casting Operations Dear Administrator Spalding: Pursuant to section 110 of the federal Clean Air Act as amended, the state of New Hampshire hereby submits for approval the subject proposed State Implementation Plan (SIP) revision and one exact electronic copy thereof on a disk (enclosed). As Governor Maggie Has san' s designee, I am requesting EPA' s approval of this revision, which consists of the additions and amendments to administrative rule Env-A 2400, 

### Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations. Env-A 2400 establishes emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. This SIP applies to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. On August 31, 2000 and January 28, 2005, DES submitted earlier versions of Env-A 2400 as SIP revisions. DES is hereby withdrawing those submittals, as the current submittal contains the version of the rule that took effect on April 23, 2013, superseding the earlier versions. This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFR Part 

### 51, Appendix V. The following administrative materials are included for your review:

Evidence of the rule's adoption Evidence of legal authority Acopyofthe rule Evidence that all the State's legal requirements were followed in adopting the rule and submitting the SIP revision Evidence that the public notice was given in accordance with EPA procedures Certification that, if requested, the public hearing was held in accordance with the public notice A compilation of public comments and the State's responses thereto

DES Web site: www.des.nh.gov P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964e Mr. H. Curtis Spalding, Regional Administrator Page 2

SIP Revision Submittal July 23, 2013



### One of the requirements of Appendix V is that the documentation include the date of adoption, as well as the effective date, of the rule. In accordance with RSA 541-A: 14, an agency may adopt a rule after all procedures have been completed. DES adopts a rule on the day its Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director of the Office of Legislative Services (OLS). The rule takes effect the day after it is filed unless a different date is requested in the letter. The attachments hereto contain a letter from the DES Commissioner to the Director of the OLS, documenting the adoption of the rule, as well as written documentation from the OLS as to the filing and effective dates of the rule. Should you have any questions regarding this submittal, please contact Karla McManus, Planning and Rules Manager, at karla.mcmanusides.nh.gov or (603) 271-6854, or Barbara L. Hoffman, SIP Planning Manager, at barbara.hoffman(des.nh.gov or (603) 271-7874. Thank you for your assistance.

Sincerely,

Craig A. Wright Acting Director Air Resources Division

Enclosures cc: Dave Conroy, EPA Anne Arnold, EPA Allison Simcox, EPA

### EVIDENCE OF THE RULE'S ADOPTION
40 CFR Part 51, Appendix V, 2.1(b)STATE OF NEW HAMPSHIRE

JILL K. SIEVEKING - DIRECTOR'

OFFICE OF LEGISLATIVE SERVICES

STATE HOUSE 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHIRE 033014951 April 22, 2013

Received from Commissioner, Department of Environmental Services
the following certified rule(s) filed with the Director of Legislative Services, in accordance with RSA 541-A, the Administrative Procedures Act.

#10315 Document#
Relative to: Env-A 2400 -. Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting

Operations. Number of Pages: 2 Adopted Date: 4-22-13 Filing Date: 4-22-13
Effective Date: 4-23-13

. Expiration Date: 04/23/2023
Notes: N/A In all communications with this office concerning the above rule(s), please cite the appropriate document number, as indicated above.



# ,e. Jill K. Sieveking, Director Office of Legilative Services

TOO Access: Relay NH 1-800-735-2964 DI RECTOR (603) 271-3432 RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

### EVIDENCE OF LEGAL AUTHORITY 40 CFR Part 51, Appendix V, 2.1(c) Laws of New Hampshire, RSA 

## 125-C:4 Rulemaking Authority; Subpoena Power

# liU4U1'1

PUBLIC HEALTH
CHAPTER 125-C AIR POLLUTION CONTROL

Section 125-C:4 125-C:4 Rulemaking Authority; Subpoena Power. - I. The commissioner shall adopt rules under RSA 541-A, relative to: 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. Primary and secondary ambient air quality standards. Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I andRSA 125-C:11, I-a. Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:1 1, as authorized by RSA 

### 125-C:1 1, II. 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. 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. Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II. Fees for permit application and review, as authorized by RSA 125-C:12, IV-d. Procedures for permit application review, as authorized by RSA 

### 125-C:1 1, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA125-C:13. 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. Procedures for granting variances, as authorized by RSA 125-C: 16. The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 

### 125-C:10-b, VII(f). The duration of time during which no additional best available control technology determination is required as provided in RSA 125-C:10-b, IV and VI. 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.

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### COPY OF THE ACTUAL RULE 

### 40 CFR Part 51, Appendix V, 2.1(d)

### The State of New Hampshire 

## Department Of 

## Environmental Services



# ~ HD E Thomas S. Burack, Commissioner

CELERATNG / Celebrating 25 Years of Protecting 

### New 

### Hum pshires Environment



### May 9, 2013 Jill K. Sieveking, Director Office of Legislative Services do 

### Division of Administrative Rules 25 Capitol Street State House Annex, Room 219 Concord, New Hampshire 03301-6 3 12

Re: Certification of Env-A 2400 Reference Document 910315 Dear Director Sieveking: Pursuant to RSA 541-A: 15, I-a, I hereby certify that the enclosed rules are the same in substance as the rules originally filed with the Office of Legislative Services. Division of Administrative Rules. I further certify that the enclosed rules, as edited for format by the Division of Administrative Rules, is the official version of these rules which this agency is required to publish in an 8 /2 

### x ii inch loose-leaf format as part of the New Hampshire Code of Administrative Rules, under Chapter 5 of the New Hampshire Drafling and Procedure Manual fbrAdministrative.Rules and RSA 541-A:15, I.

Sincerely,

Thomas S. Burack Commissioner
Enclosure cc: Gretchen Hamel, DES Legal Unit DES Public Information Center cc: K. Allen Brooks, Chiet AGO-Environmental Protection Bureau Karla McManus, DES ARD

www.des.nh.gov 29 Hazen Drive • P0 Box 95 ' Concord, NH 03302-0095 (603) 271-3503 'TDD Access: Relay NH 1-800-735-2964NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND INVESTMENT CASTING OPERATIONS Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 Env-A 2401.02 Applicability. This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. Source. #103 15, eff 4-23-13 PART Env-A 2402 FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971 Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #103 15, eff 4-23-13 (from Env-A 2403.01) Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period.

Opacity shall be determined in accordance with Env-A 807. Source. 410315, eff4-23-13m (from Env-A 2403.02) PART Env-A 2403 FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971 Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for "New Devices" in Table 2102-1.

For any ferrous foundry installed or modified after June 15, 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2404.01)

Env-A 2400NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period.

Opacity shall be determined in accordance with Env-A 807. Source. 46428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff #10315, eff 4-23-13 (from Env-A 2404.02) PART Env-A 2404 NON-FERROUS FOUNDRIES, SMELTERS, OR INVESTMENT CASTINGS Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2405.01) Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "New Devices" in Table 2 102-1. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by 48214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2406.01) Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operation& (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and 

### "Y" means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour; (b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below: 

### Y=0.2X (c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:



### Y = 0.564 X° 85

2 Env-A 2400

### NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X° 77 Source. #103 15, 

### eff 4-23-13 (from Env-A 2405.02) Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period.

Opacity shall be determined in accordance with Env-A 807. Source. #103 15, eff 4-23-13 (from Env-A 2405.03) PART Env-A 2405 AFFIRMATIVE DEFENSES FOR VIOLATIONS OF VISIBLE EMISSION

STANDARDS Env-A 2405.01 Affirmative Defenses. An owner or operator against whom a malfunction-based violation of Env-A 2402.02(a), Env-A 2403 .02(a), or Env-A 2404.04(a) is alleged in a penalty action may raise an affirmative defense as provided in Env-A 2103.03. Source. #6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13

Appendix Rule Section(s) State Statute Implemented 

### Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-06, 

### II Env-A 2403 RSA 125-C:6, 

### II Env-A 2404 RSA 125-C:6, II Env-A 2405 RSA 125-C:6, II

Env-A 2400

### EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REQUIREMENTS 40 CFR Part 51, Appendix V, 2.1(e)

### REQUEST FOR FISCAL IMPACT STATEMENT

### STATE OF NEW HAMPSHIRE

DATE November 1, 2012

FROM Thomas S. Burack

Commissioner AT (OFFICE) DES

SUBJECT Request for Fiscal Impact Statement

To Legislative Budget Assistant

In accordance with NH RSA 541-A:5, enclosed please find a Request for Fiscal Impact Statement and a copy of the corresponding administrative rules for the following: Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations

Please fax the Fiscal Impact Statementto Gretchen Hamel at 271-8805.

If you have any questions, please contact Gretchen Hamel at 271-3137.

cc: Gretchen Hamel, Administrator, DES Legal Unit

ec: Karla McManus, ARD Planning and Rules ManagerOFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FOR FISCAL IMPACT STATEMENT (FIS)

FIS Number 1. Agency Name & Address:
Department of Environmental Services 29 Hazen Drive P.O. Box. 95 Concord, NH 03302-0095 Rule Number RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment Interim rule Have the rules expired? Date Expired: Env-A 2400 RSA 125-C:4, 1(a) N/A

Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations Contact Person: Name: Gretchen Hamel
Address: Department of Environmental Services

29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 (1) Summarize the rule. Title: Administrator, Legal Unit
Phone#: 271-3137 Fax#: 271-8805

The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012. Revisions are proposed to increase the clarity of the rules.

Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that is instigating this rule. There are no costs associated with the proposed rules, because even if the existing rules expire the sources that are subject to the rules would still be required to comply with the federal rule that incorporates them at 40 CFR §52.1520. (The numbering for this rule has changed; it was first approved into the State Implementation Plan (SIP) as Env-A 1205. EPA is reviewing the more current versions of these rules, and DES will submit these rules, when readopted, as revisions to the SIP.) The rules are being adopted pursuant to RSA 125-C:4, 1(a) to implement RSA 125-C:6, II and X. Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule. No changes to the substance of the rules are being proposed, so there is no difference between the costs of the proposed rules and the costs of the existing rules. Describe the costs and benefits to the state general fund which would result from this rule. The proposed rules will not impose any costs on or provide any benefits to the state general fund.REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2

Explain and cite the federal mandate for the proposed rule, if there is such a mandate. How would the mandate affect state funds? There is no federal mandate for the proposed rules. However, the existing rule is part of the SIP, which has been approved by the U.S. Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C. §74 10 and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Describe the cost and benefits to any state special fund which would result. There will be no costs or benefits to any state special fund as a result of the proposed rules. Describe the costs and benefits to the political subdivisions of the state. The proposed rules will not impose any costs on political subdivisions of the state. Readopting these rules will provide financial benefits to political subdivisions in the form of reduced health care costs and fewer employee days lost to illness when compared with what would be incurred if particulate emissions were not controlled. Political subdivisions also may realize a financial benefit from businesses remaining in or moving into the tax base because of the cleaner air. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. Describe the costs and benefits to the citizens of the state. The proposed rules will not impose any costs on citizens of the state. Readopting these rules will provide financial benefits to citizens in the form of reduced health care costs over those that would be incurred if particulate emissions were not controlled. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. Describe the.costs and benefits to any independently owned business, including a description of the specfIc reporting and recordkeeping requirements upon those employing fewer than 10 employees. The proposed rules will not impose any costs on any independently owned businesses. Readopting these rules will provide financial benefits to businesses in the form of fewer employee days lost to illnesses compared to what would be expected if particulate emissions were not controlled. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreasedlung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. The proposed rules will not change any existing reporting or recordkeeping requirements. There are no such requirements applying specifically to businesses employing fewer than 10 employees.Added text in bold italics Initial Proposal 10-9-12

Deleted text shown struck through Readopt with amendment Env-A 2400, eff 11-24-04 (doc. #8214), to read asfollows. CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND INVESTMENT CASTING OPERATIONS Statutory Authority: RSA 1 25-C:4, 1(a)
PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferro us and non-ferrous foundries, smelters, and investment casting operations.

Env-A 2102.012401.02 Scope Applicability. This chapter shall apply to any-each ferrous or nonferrous foundry, smelter, or investment casting operation in New Hampshire.
PART Env-A 2403 2402 EMISSION STANDARDS FOR FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971
Env-A 2103 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, er-including fumes, to exceed those the emission standards specified for "Existing Devices" as listed in Table 2102-1.
Env-A 2403 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971.

Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, or malfunction.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2101 2403 EMISSION STANDARDS FOR FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971
Env-A 2101 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, er-including fumes, to exceed those emission standards specified for "New Devices" as listed in Table 2102-1.

For any ferrous foundry installed or modified after June 15, 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot.
Env-A 2404 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. (a) Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed anAdded text in bold italics Initial Proposal 1 0-9-12 2

Deleted text shown struck through average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, or malfunction. (b) Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2105 2404 EMISSION STANDAPJ)S FOR NON-FERROUS FOUNDRIES, SMELTERS, OR INVESTMENT CASTINGS INSTALLED PRIOR TO OR ON FEBRUARY 18, 1972
Env-A 2405 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2105.02 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on February 18, 1972, no person shall cause or allow the emission of particulate matter, er-including fumes, to exceed those the emission standards specified for "Existing Devices" as listed in Table 2102-1.
Env-A 210641 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2106.02 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, er-including fumes, to exceed those the emission standards specified for "New Devices" as listed in Table 2102-1.
Env-A 

### 2405.02 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations Installed Prior to or On February 18, 1972. (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations installed prior to or on February 18, 1972 shall be calculated by the applicable equation which is applicable for the particular kind of smelter as designated in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and "Y" means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour; (b) For copperfrom smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below:
Y=0.2X (c) For zincfrom smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 

### 0.5 64, as shown in the formula below:

Y = 

### 0.564 X° 85 (d) For leadfrom smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X° 77
Env-A 2405.03 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations Installed Prior to or On February 18, 1972. (a) Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting installed prior to or on February 18, 1972 to exceed an average of 20 percent opacity for any continuous 6-minuteAdded text in bold italics Initial Proposal 10-9-12

Deleted text shown struck through period, except for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, or malfunction. (b) Opacity shall be determined in accordance with Env-A 807.

!iV c&'i rL'i vi 'wi ra'' ''zm IE' !11 •.0 ,&iv

{Env-A 2406.01 has been moved and renumbered as Env-A 2404.02) Env A 2406.02 Calculation of Sulfur Dioxide Emission Standards from Non Ferrous Foundries, Smelters and Investment Casting Operations Installed After February 18, 1972. For sulfur dioxides, the maximum allowable particulate matter emission rate from non ferrous foundries, smelters and investment casting operations installed after February 18, 1972 shall be calculated using the equation which is applicable for the particular kind of smelter, as designated in Env A 21 05.02. now covered by Env-A 2404.03 Env A 2406.03 Visible Emission Standards for Non Ferrous Foundries, Smelters, and Investment Casting Operations Installed After thi February 18, 1972. Unless otheivise specified in s chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non ferrous foundry, smelter, or investment casting operations installed after February 18, 1972, to exceed an average of 20 percent opacity for any continuous 6 minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction.

Opacity shall be determined in accordance with Env A 807. now covered by Env-A 2404.04

Appendix Rule Section(s) State Statute(s) Implemented Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-C:6, II

### FISCAL IMPACT STATEMENTNH OFC LEG BDGT ASST Fax 683-211-1091 Nov 82012 11:69m P002/002

LBAO FIS 12:175 11/08/12

Fiscal Impact Statement for Department of Environmental Services rules governing Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations. [Env-A 2400 t Comparison of the costs of the proposed rule(s) to the existing rule(s):

There is no difference 

### in cost when campanng the proposed rules to the existing rules.
Cite the Federal mandate, Identify the impact on state funds: No federal mandate, no impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards.
Cost and benefits of the proposed rule(s):
To State general or State special funds: None. To State citizens and political subdivisions: None. To independently owned businesses; None.

### RULEMAKING NOTICE FILING

### STATE OF NEW HAMPSHIRE

DATE 

### November 9, 2012 FROM 

### Thomas S. Burack

Commissioner AT (OFFICE) 

### DES

SUBJECT 

### Rulemaking Notice

TO 

### Office of Legislative Services

Division of Administrative Rules

Please accept for filing the enclosed Rulemaking Notice for the following rules: Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting

Operations

Questions from OLS regarding the Rulemaking Notice should be directed to Gretchen Hamel at 271-3137. Questions from the public regarding the proposed rules, public hearing, or public comment period should be directed to Karla McManus at 

### 271-6854.

Enclosures

cc: Gretchen Hamel, DES Legal Unit Administrator

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager ARD Distribution listRULEMAKING NOTICE

Notice Number Rule Number Env-A 2400 1. Agency Name & Address:
NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: RSA 125-C:4, 1(a) Federal Authority: N/A Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X Short Title: Ferrous and Non-Ferrous Foundries, Smelters, And Investment Casting Operations (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A: 14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisjons are proposed to increase the clarity of the rules. 6. (b) Brief description of the groups affected: The rules affect owners and operators of certain ferrous and non-ferrous foundries, smelters, and investment casting operations that emit particulate matter and visible emissions. 6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Rule Section(s) State Statute(s) Implemented Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-C:6, II Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax#: (603)271-1381 Concord, NH 03302-0095 E-mail: Karla.McManusdes.nh.gov
The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1- http://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15,2013 by close of business at 4:00 pm. Fax SE-mail ElOther format (specify): Public hearing scheduled for: Date and Time Friday, January 4, 2013 at 10:00 am. Place: Room 112, DES Offices, 29 Hazen Drive, Concord NHRULEMAKING NOTICE - Page 2

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:175 , dated 11/08/12: Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Cost and benefits of the proposed rule(s):
To State general or State special funds: None. To State citizens and political subdivisions: None. To independently owned businesses: None. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: None of the foundries in New, Hampshire is owned by a political subdivision. Accordingly, the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution because they do not assign any new, modified, or expanded programs or responsibilities to political subdivisions of the state in such a way as to necessitate local expenditures.

### STATE OF NEW HAMPSHIRE 

# 4 JD AT F: Januar' 24, 2013
FROM Thomas S. Burack

Commissioner AT (OFFICE) DES
SUBJECT Draft Final Proposed Rule: Hearing and Public Comment Period

NN 2012-163 AND NN 2012-164


### To Office of Legislative Services

Division of Administrative Rules

In accordance with NH RSA 

### 541-A: 11, (c), enclosed please find the notice entitled Draft Final Proposed Rule: Hearing and Public Conment Period for the following rules:
Env-A 2100: Particulate Matter and Visible Emissions Standards Env-A 2400: Ferrous and Non-Ferrus Foundries, Smelters, and Investment Casting Operations
Questions from OLS regarding the notie should be directed to Gretchen Hamel at 271-3137

Enclosures

cc: Gretchen Hamel, DES Legal Uiit Administrator

cc: K. Allen Brooks, Chief, AGO-nvironmental Protection Bureau Karla McManus, DES ARD PIaming and Rules ManagerDRAFT FINAL PROPOSED RULE: HEARING AND PUBLIC COMMENT PERIOD
Notice Number 2012-164 Rule Number Env-A 2400 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: RSA 125-C:4, 1(a) Federal Authority: N/A Type of Action: Adoption Amendment Repeal Readoption Readoption w/ amendment X Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations In accordance with RSA 541-A:1 1, 1(c), public comment is being solicited on a draft of final proposed rules in the rulemaking proceeding for which notice first appeared in the Rulemaking Register on November 15, 2012 under Notice Number 2012-1164. A public hearing on the draft final proposed rules has been scheduled for: Date and Time: Friday, March 8, 2013, 10:30 AM Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH The deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified, is: 4:00 PM on Friday, March 8, 2013 Fax SE-mail EllOther format (specify): Contact person for copies of the draft final proposed rules and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: ARD Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax #: (603) 271-1381 Concord, NH 03302-0095 E-mail: KarIa.McManusdes.nh.gov The draft final proposed rules can be viewed in PDF at TTY/TDD Access: Relay NH 1- http://des.nh.gov/organizationlcommissioner/legat/rulemaking/index.htm 800-735-2964 or dial 711 (in NH)

### RULEMAKING REGISTERLii

NEW HAMPSHIRE



# RULEMAKING REGISTER

- OFFICE OF LEGISLATIVE 

### SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6312

TeL (603)271-3680 TDD Access: Fax (603) 271-7871 Website; www.gencourlstate,nh.us/rules/index.html Relay NH 1-800-735-2964

VOLUME XXXIII, Number 5, January 31, 2013

TABLE OF CONTENTS 1, OFFICE OF LEGISLATIVE SERVICES EgiQ.

List of Notices of Proposed Rules NN 2013-6 through NN 2013-8 4- Notices of Proposed Rules 1

C. Draft Final Proposed Rule Hearing and Public Comment Period for: DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs NN 2012-163 Env-A 2100 Particulate Matter and Visible Emission Standards 8 Air Related Programs NN 2012-164 - Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and 9

Investment Casting Operations d. Executive Order Number 2013-1 10 An Order establishing the Governor's consensus revenue estimating panel to enhance the State's ability to manage its fiscal policies NOTE: POSSIBLE RULE EXTENSION lithe proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective.

2. COMMITTEE (JLCAR)

REGULAR MEETING Friday, February 15,2013 9:00 n.m. Rooms 305/307, Legislative Office Building CONTINUED MEETING: Friday, March 1, 2013 9:00 n.m. Rooms 3051307, Legislative Office Buildingp



### NEW HAMPSHIRE RULEMAKING REGISTER

Notices of Pronosed Rules Notice 

### Number Rule Number Agency and Short Title of Rule Page No 201 3-6 .He-W 62802 Department of Health and Human Services I Former Division of Human Services Deprivation Due to incapacity for the Financial Assistance to Needy Families Program 201 37 Box 100-200 Boxing and Wrestling Commission 3 Organizational and Practice and Procedure Rules. 2013-8 Box 300-800 Boxing and Wrestling Commission 5

• 

### Fighting Sport Rules.

JLCAR MEETING DATES AND RELATED FILING DEADLINES

JANUARY-JUNE, 2013 

### The JLCAR has voted to hold its regularly scheduled meetings for January through June, 2013 on the third Friday of the month as listed below. The minimum 14-day "deadline" 

### prior to the regular JLCAR meeting is listed for agencies to file final proposals or proposed intenm rules for placement on the JLCAR agenda pursuant to RSA 541-A: 

### 12, 1 and RSA 541-A: 19, V. The JLCAR has also scheduled continued meetings as listed below on select Fridays to address items postponed from the prior regular meetings. Regular Meeting Regular 

### Meeting Continued Meeting Filing Deadline Date Date February 1 February 15 

### Mareh 1 March 1 March 15 

### April 5 

### April 5 April 19 

### May 3 May3 May17 June7 June 7 June21 June28

JLCAR MEETING DATES AND RELATED FILING DEADLINES

JULY-DECEMBER, 

### 2013 The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2013 on the third Thursdays listed below. The minimum 14-day "deadlin&' prior to the regular JLCAR, meeting is listed for agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 541 -A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed below on select Thursdays to address any items postponed from the prior regular meetings. Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date July 3 (Wednesday) 

### July 18 

### August 1 August 1 August 15 

### September 5 September 5 

### September 19 

### October 3 October 3 October 17 

### November 7 November 7 November 21 December 5 

### December 5 December 

### 19 NoneI 

### NEW HAMPSHIRE RULEMAKING REGISTER January 312O13

_

DRAFT FINAL PROPOSED RULE: HEARiNG AND PUBLIC COMMENT PERiOD
Notice Number 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Rule Number Env-A 2100 2 RSA Authority RSA 125-C41(i)&(e) Federal Authority: N/A Type of Action: AdOptIon Amendment Repeal Readoption Readoption wI amendment X S Short Title Particulate Matter and Viiable Emissions Standards In accordance with RSA 541-A: 11, 1(c), public comment is being solicited on a draft of final proposed rules in the rulemaking proceeding for which notice first appeared in the &iemakmg Register on November 15, 2012 under Notice Number 2011-163. A public hearing on the draft final proposed rules has been scheduled for: Date and Time: Friday, March 8, 2013, 10:30 AM Place: Room 112, DES Offices, 29 ilazen Drive, Concord NH The deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified, is: 4:00 PM on Friday, March 8, 2013 Pax NE-mail [JOther format (specify): Contact person for copies of the draft final proposed rules and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: ARD Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 93 Fax #: (603) 271-1381 Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov The draft final ptpoed ruks can k viewcd in PDf at TTYJTDD Access: Relay NH 1- jp IId nh inin/ccanwiainiei/lc il/i tij tkiiixjit 800 735-2964 or dial 711 (in NH)

### NEW R 

### E G 

### ISTER

DRAFT FINAL PROPOSED RULE: REARING AND PUBLIC COMMENT PERIOD Notice Number 2012464 Rule Number Em'-A 2400 1, Agency Name & Address: 2. RSA Authority: RSA 1 25-C:4, 1(a) NH Department of Environmental Services 3, Federal Authority: N/A 29 Hazen Drive 4, Type of Action: P.O. Box 95 Adoption Concord, NH 03302M095 Amendment Repeal Readoption Readoption wI amendment X Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations In accordance with RSA 541-A:1 1, 1(c), public comment is being solicited on a draft of final proposed rules in the rulemaking proceeding for which notice first appeared in the Rulemaking Register on November 15. 2012 under Notice Number 2012-164. A public heating on the draft final proposed rules has been scheduled for: Date and Time: Friday, March 8, 2013, 10:30 AM Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH The deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified, is: 4:00 PM on Friday, March 8, 2013 IFax E-mai1 DOther format (specify): Contact person for copies of the draft final proposed rules and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: ARD Planning and Rules Manager Address: NH Dept. of Environmental Services PhOnet (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax #: (603)271-1381 Concord, NH 033020095 E-mail: Karla.McMaaus@des.nh.gov The draft final proposed rules can be viewed in PDF at TTY/TDD Access: Relay NH 1- hupIIde nh ir1iiw 1 800-735-2964 or dial 711 (in NH)NEW HAMPSHIRE 

# RULEMAKING REGISTER
OFFICE OF LEGISLATIVE SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STRET CONCORD, NEW HAMPSHIRE 03301 -6312 Tel. (6.03)271-3680 TDD Access: Fax (603) 271-7871 Website: www.gencourtstate.nh.uslrues/lndex.html Relay NH 1-800-735-2964

VOLUME XXXII, Number 46, November 15, 2012

TABLE OF CONTENTS
1. OFFICE OF LEGISLATWE SERVICES 

### Pane No.

List of Notices of Proposed Rules NN 2012-157 through NN 2012-168 Notices of Proposed Rules

NOTE: POSSiBLE RULE EXTENSION If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will nevertheless continue in effect pursuant to RSA 541 -A: 14-a until the proposed rules are adopted and effective.
COMMITTEE (JLCAR)
REGULAR MEETING: Thursday, November 15, 2012 9:00 a.m. Rooms 305/307, Legislative Office Building CONTINUED MEETING; Thursday, December 6, 2012 9:00 a.m. Rooms 305/307, Legislative Office Building

Publication of November 21, 2012 Rulemaking Register Thursday, November 22 and Friday, November 23 are state holidays. The Register that week will be published on Wednesday, November 21. Deadline for November 29, 2012 Rulemaking Register The deadline for filing rulemaking notices to be published in the November 29 Register will be the end of work day Wednesday, November 21.

### NEW HAMPSHIRE RULEMAKING REGISTER

Notices of Proposed Rules
Notice Number Rule Number Agency and Short Title of Rule 2012-157 He-W 606.78(a) Department of Health and Human Services

intro and (a)(6) Former Division of Human Services Acceptable Verification of the Equity Value of Life Insurance for All Categories of Financial and Medical Assistance.
2012-1 58 Fis 607.02, 608.03, Fish and Game Department

& 1102.01 Miscellaneous Rules: Clarification to Scallop Dredge Ring Size, Shellfish Report, and Special Wildlife Permit.
2012-159 Nur300 Board of Nursing Licensing Requirements.
2012-1 60 Nur 400 Board of Nursing Continued Status.
2012-161 Nur 700 Board of Nursing Nursing Assistants.
2012-162 NurSOO Board of Nursing Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program.
2012-163 Env-A 2100 Department of Environmental Services Air Related Programs Particulate Matter and Visible Emissions Standards.
2012-164 Env-A 2400 Department of Environmental Services Air Related Programs Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations.
2012-165 Env-A 2700 Department of Environmental Services Air Related Programs Hot Mix Asphalt Plants.
2012-1 66 0cc 211.03 Governing Board of Occupational Therapists Pre-Hearing Disclosure of Witnesses and Exhibits.
2012-167 0cc 302.02 & 302.04 Governing Board of Occupational Therapists Required Documents.
2012-168 0cc 501.01 & 502.02 Governing Board of Occupational Therapists Definition of AOTA and Ethical Standards. Page No.

3

5

8

11

13

15

17

19

21

23

25



### Im

### NEW HAMPSHiRE RULEMAKING REGISTER November 15,, 2012 Page 17

Notice Number 2012-164 Rule Number Buy-A 2400 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Readoption RSA 125-C:4, 1(a N/A

Readoption w/amendment X Short Title: Ferrous and Non-Ferrous Foundries, Smelters, And Investment Casting Operations (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter, The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules. 6. (b) Brief description of the groups affected: The rules affect owners and operators of certain ferrous and non-ferrous foundries, smelters, and investment casting operations that emit particulate matter and visible emissions. 6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Bnv-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-06, II Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Address: NH Dept. of Environmental Services

29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095 Title: Planning and Rules Manager Phone #: (603) 271-6854 Fax#: (603)271-1381 E-mail: Karla.MeManus@des.nh.gov The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1- .http://des.nh.gov/organizatipnfcommissioner/1egal/rulemaking/indexhtn 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15, 2013 by close of business at 4:00 pm. ZFax E-mail UOther format (specify): Public hearing scheduled for: Date and Time: Friday, January 4, 2013 at 10:00 am. Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH

### NEW HAMPSHIRE RULEMAKING REGISTER November 15, 2012 Page 18

NN 2012-164 Continued
10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:115, dated 11/08/12: Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the Impact on state funds: No federal mandate, no Impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 U.S.C. § 7410) and Is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Cost and benefits of the proposed rule(s): To State general or State special funds: None. To State citizens and political subdivisions: None. To Independently owned businesses: None. 11. Statement Relative to Part I, Article 28-a of the N.E. Constitution: None of the foundries in New Hampshire is owned by a political subdivision. Accordingly, the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution because they do not assign any new, modified, or expanded programs or responsibilities to political subdivisions of the state in such a way as to necessitate local expenditures.

### ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES

# NOV 082012 'V

RULEMAKING NOTICE
Notice Number 2012-164 Rule Number Env-A 2400 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: RSA 125-C:4, 1(a) Federal Authority: N/A 4, Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X Short Title: Ferrous and Non-Ferrous Foundries, Smelters, And Investment Casting Operations (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541 -A:14-a, I, the e,dsting rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules. 6. (b) Brief description of the groups affected: The rules affect owners and operators of certain ferrous and non-ferrous foundries, smelters, and investment casting operations that emit particulate matter and visible emissions. 6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-C:6, II Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax#: (603) 271-1381 Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov The rules also can be viewed in PDF at TI'Y/TDD Access: Relay NH 1- http://des.nh.ov/organization/commissionerIlegalfrulemakingIindex.htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15,2013 by close of business at 4:00 pm. Fax SE-mail ElOther format (specify): Public hearing scheduled for: Date and Time: Friday, January 4, 2013 at 10:00 am. Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH

### DRAFT FINAL PROPOSAL FILINGAdded text in bold italics DRAFT FP 2012-164 Annotated 01-24-13

Deleted text shown struck through Readopt with amendment Env-A 2400, eff. 11-24-04 (doc. #8214), to read as follows: CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND INVESTMENT CASTING OPERATIONS Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. Env-A 2401.02 Applicability. This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. PART Env-A 2402 FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971 Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2 t02- 1. Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction.

Opacity shall be determined in accordance with Env-A 807. PART Env-A 2403 FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971 Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for "New Devices" in Table 2102-1.

For any ferrous foundry installed or modified after June 15, 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot. Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction. Opacity shall be determined in accordance with Env-A 807

### Added text in bold italics DRAFT 

### FP 2012-164 Annotated 01-22-13 2

Deleted text shown struck through PART Env-A 2404 NON-FERROUS FOUNDRIES, SMELTERS, OR INVESTMENT CASTINGS Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on February 18, 1972, no person shall cause or allow the, emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "New Devices" in Table 2 102-1. Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundrj Smelters, or Investment Casting Operations. (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and "Y" means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour; (b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below: Y=0.2X (c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:
Y = 0.564 X° 85 (d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:
Y = 0.98 X 077 Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minuteG in any 60 minute period during startup, shutdown, or malfunction. Opacity shall be determined in accordance with Env-A 807.

### Added text in bold italics 

### DRAFT PP 2012-164 Annotated 01-22-13

Deleted text shown struck through
PART Env-A 2405 AFFIRMATIVE DEFENSES FOR VIOLATIONS OF VISIBLE EMISSION STANDARDS Env-A 2405.01 Affirmative Defenses. An owner or operator against whom a violation of Env-A 2402.02(a), Env-A 2403.02(a), or Env-A 2404.04(a) is alleged may raise an affirmative defense as specfled in Env-A 2103.03.

Appendix

Rule Section(s) State Statute(s) Implemented 

### Env-A 2401 RSA 125-C:6, 

### II Env-A 2402 RSA 125-C:6, 

### II Env-A 2403 RSA 125-C:6, 

### II Env-A 2404 1 RSA 125-C:6, 

### II Env-A 2405 

## 1 RSA 125-C:6, II

### FINAL PROPOSAL FILING

### STATE OF NEw HAMPSHIRE

DATE March28, 2013
FROM Thomas S. Burack

Commissioner AT (OFFICE) DES
SUBJECT Final Proposal #2012-164

TO Office of Legislative Services

Division of Administrative Rules

In accordance with RSA 541-A: 12, enclosed please find the Final Proposal Cover Sheet with attachments, including the corresponding rules, for the following: Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations

If you have any questions, please contact Gretchen Hamel at 271-3137.

Enclosures cc: Gretchen Hamel, Administrator, DES Legal Unit ec: Karla McManus, ARD Planning and Rules ManagerCOVER SHEET FOR FINAL PROPOSAL



### Notice Number 2012-164 

### Rule Number Env-A 2400 RSA Authority: RSA 125-C:4, 1(a) Federal Authority: n/a Type of Action: 

## O Adoption 

## 0 Amendment 

## O Repeal 

## F

- 1 Readoption Readoption w/amendment 1. Agency Name & Address:
NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations Contact person for copies and questions: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095 Yes 

## O No Agency requests Committee legal counsel review and delayed Committee review pursuant to RSA 541-A:12, I-a The rulemaking notice appeared in the Rulemaking Register on November 15, 2012. Yes 

## O N/A 

## Z Agency notified policy committees, or House Speaker and Senate President, pursuant to RSA 541-A: 10, I, because this is the first time this rule or its amendments have been proposed to implement newly-enacted state authority.

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET

AND 2 COPIES OF THE FOLLOWING: (and numbered correspondingly) 

### The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A: 3-a, II as an appendix. Yes 

## 0 N/A Incorporation by Reference Statement(s) because this rule incorporates a document or

Internet content by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A:12, III. Yes N/A 

## O The "Final Proposal-Annotated Text" indicating how the proposed rule was changed

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A: 12, 11(e). Yes 

## O N/A The amended fiscal impact statement because the change to the text of the Initial

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, 

### VI.#10 

### PP 2012-164 Fixed Text 03-27-13

Readopt with amendment Env-A 2400, eff 11-24-04 (doc. 98214), to read as follows: 

### CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND

INVESTMENT CASTING OPERATIONS Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. Env-A 2401.02 Applicability. This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. PART Env-A 2402 FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971 Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12. 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period. Opacity shall be determined in accordance with Env-A 807. PART Env-A 2403 FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971 Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for "New Devices" in Table 2102-1. For any ferrous foundry installed or modified after June 15, 

### 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot. Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period. Opacity shall be determined in accordance with Env-A 807. PART Env-A 2404 NON-FERROUS FOUNDRIES, SMELTERS, OR INVESTMENT CASTINGS Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on FebruaryFP2012-164 Fixed Text 03-27-13

18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries. Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "New Devices" in Table 2102-1. Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations. (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and "Y" means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour; (b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below: 

### Y=0.2X (c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:



### Y = 

### 0.564 X° 85 (d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X 077 Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations.

Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2405 AFFIRMATIVE DEFENSES FOR VIOLATIONS OF VISIBLE EMISSION STANDARDS Env-A 2405.01 Affirmative Defenses. An owner or operator against whom a malfunction-based violation of Env-A 2402.02(a), Env-A 2403.02(a), or Env-A 2404.04(a) is alleged in a penalty action may raise an affirmative defense as provided in Env-A 2103.03.

### FP2012-164 Fixed Text 03-27-13 Appendix 

### Rule Section(s) State Statute(s) Implemented Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-C:6, 

### II Env-A 2405 RSA 125-C:6, II

### Added text in hold italics 

### #12 PP 2012-164 Annotated 03-27-13

Deleted text shown struck through Readopt with amendment Env-A 2400, eff 11-24-04 (doc. #8214), to read as follows: 

### CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND

INVESTMENT CASTING OPERATIONS Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. Env-A 2401.02 Applicability. This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. PART Env-A 2402 FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971 Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction. Opacity shall be determined in accordance with Env-A 807. PART Env-A 2403 FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971 Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for "New Devices" in Table 2 102-I. For any ferrous foundry installed or modified after June 15, 

### 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot. Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction. Opacity shall be determined in accordance with Env-A 807.Added text in 

### bold italics FP 2012-164 Annotated 03-27-13 2

Deleted text shown struck through PART Env-A 2404 NON-FERROUS FOUNDRIES, SMELTERS, OR iNVESTMENT CASTINGS Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. 

### Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "New Devices" in Table 2102-1. Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations. (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and "Y" means the emission of sulfur dioxide, CAS number 

### 7446-09-5, in pounds per hour; (b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below:
Y=0.2X (c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:



### Y = 0.564 X° 85 (d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X 077 Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations.

Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period, except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or malfunction.

Opacity shall be determined in accordance with Env-A 807.

### Added text in bold italics. FP 20 12-164 Annotated 03-27-13 3

Deleted text shown struck through
PARTEnv-A 2405 AFFIRMATIVE DEFENSES FOR VIOLATIONS OF VISIBLE EMISSION STANDARDS Env-A 2405.01 Affirmative Defenses. An owner or operator against whom a malfunction-based violation of Env-A 2402.02(a), Env-A 2403.02(a), or Env-A 2404.04(a) is alleged in a penalty action may raise an affirmative defense as provided in Env-A 2103.03.

Appendix

Rule 

### Setion(s) Stat€ Statutes) Implemented Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II 

### Env-A 2404 RSA 125-C:6, II Env-A 2405 RSA 125-C:6, II

### ANNOTATIONS TO THE FINAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES

# cf2 

# -I LC

# I

COVER SHEET FOR FITAL PROPOSAL

Notice Number 2012-164 Rule Number 2400 *

ft

I. Agency Name & Address:

NH Department of Environmental Services 29 Hawn Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: RSA 125-C:4, 1(a) Federal Authority: n./a Type of Action: 

### O Adoption 

### 0 Amendment 

### O Repeal 

### 0 Readoption Readoption w/amendment
Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations Contact person for copies and questions: Name: Karta McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone 41: (603) 271-6854

29 Hazen Drive; P.O. Boy. 95 Concord NH 03302-0095 7, Yes 

### J No 

### 0 Agency requests Committee legal counsel review and delayed Committee review pursuant to RSA 541-A:12, 1-a 8. The rulemaking notice appeared in the Rulemaking Rezister on November 15, 2012. Yes 

### 0 N/A 

### Z Agency notified policy committees, or House Speaker and Senate President, pursuant to RSA 541-A:10 I, because this is the first time this rule or its amendments have been proposed to implement newly-enacted state authorIty.

SEE THE INSTRUCTIONS--PLEASE SUBMiT 2 COPIES OF THIS COVER SHEET

AND 2 COPIES OF THE FOLLOWING: (and numbered correspondingly) The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an appendix.
Yes 

### Ij N/A 

### 0 Incorporation by Reference Statement(s) because this rule incorporates a document or

Internet content by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A:12, Ill. Yes N/A The "Final Proposal-Annotated Text" indicating how the proposed rule was changed

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A:12,

Yes N/A The amended fiscal impact statement because the change to the text of the Initial

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, VI.NH CFC LEG 8IIGT ASSI Fax 60-211-1097 Nov 5 2012 11am P002/002

LBAO FIS 12:175 1 1/OB/12

Fiscal Impact. Statement for Department of Envfronmental Services rules governing Ferrous and Non-Ferrous Foundrez. Smelters. and lnvesfmnt Casting Operations. (Env-A 24001 t CrnPajison of 

### the costs of the ptoposed rute() fo the existing rule(s):

There is no difference in cost when 4tomparihg th ropo4 ruliat to the existig ruleE.
Cite the FederAl mandate. Identify the impact on state funds: No federal mandate, no Impact on state funds. The. exIsting rule Is part of the state Implementation plan vMch has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (4.2 U.S.C. § 7410) ahd is required bythe Federal Clean Air Act to meet the National Arnbinf Air Quality Standards.

Cost and :beefits of the proposed ru1e: 

### To State.generaI or State special funds: NQe, 

### To Stat6 citizens and pItica1 sobdMeions; Nrte. O. Toindependently owned buSneac r'jorie.

### APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULESSTATE OF NEW HAMPSHIRE 

# ~j~

JILL K. SIEVEKING DIRECTOR

OFFICE OF LEGISLATIVE SERVICES
STATE HOUSE 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHIRE 03301-4951 

### April 19, 2013

NOTICE NO. 

### 20 12

- 

### 164

RULE 

### # Env-A 2400

RELATIVE TO: 

### Ferrous 

### and Non-Ferrous Foundries, Smelters, and Investment Casting Operations

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the above cited rule at its meeting on APRIL 19, 2013 The Committee voted to approve the proposal. You may proceed to adopt the rules in the proposal and file them with the Office of Legislative Services, Administrative Rules. If the effective life of any existing, regular rules in your proposal was extended during the rulemaking proceeding pursuant to RSA 541-A: 14-a, then all the rules in the proposal must be adopted within 30 days of Committee approval. The rules also must be filed with an effective date not more than 60 days from the date of filing. See Section 1.11 of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules (Manual). When filing the final rules, you are also required to' file a cover letter indicating the date of final adoption and certif'ing the final rules are a true copy. See Section 2.21 of Chapter 3 in the Manual. The rules will become effective either at (1) 12:01 a.m. on the day after the filing, (2) 12:0 1 a.m. on the date specified in the cover letter to me when the rule is filed, or (3) such other date and time as specified in the cover letter, provided that the filing occurs before such effective date and time. Please send two (2) copies of the adopted rules. Sincerely yours,

Jill K. Sieveking, Director Office of Legislative Services

TDD Access: Relay NH 1-800-735-2964 DIRECTOR (603) 271-3432 RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

### ADOPTED RULE

### V7HDES The State of New Hampshire



# Department of Environmental Services Thomas S. 

### Burack, Commissioner

CELEBRATING Celebrating 25 Years of Protecting 2 45 New Hampshire's Environment 

### April 22, 2013 Jill K. Sieveking, Director do 

### OLS, Division of Administrative Rules State House Annex, Room 219 Concord, NH 03301 Re: Adoption of Final Rules, FP 42012-164 Dear Director Sieveking: Please be advised that I, as Commissioner of the Department of Environmental Services, have adopted the following rules: Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting

Operations The Joint Legislative Committee on Administrative Rules approved these rules at its meeting on April 19, 2013. A copy of the adopted rules is being filed electronically, concurrent with the e-fihing of this adoption letter. The original, signed adoption letter is being sent separately by messenger mail for your records. I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby certify that the enclosed are true copies of the rules I have adopted. Sincerely,

Thomas S. Burack Commissioner
Enclosure cc: Gretchen Hamel, DES Legal Unit Public Information and Permitting Office ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager

www.des.nh.gov 29 Hazeri Drive • P0 Box 95 a Concord, NH 03302-0095 (603) 271-3503 TDD Access: Relay NH 1-800-735-2964

### 20 12-164 Adopted Rule 04-22-13

Readopt with amendment Env-A 2400, eff. 11-24-04 (doc. 48214), to read as follows: 

### CHAPTER Env-A 2400 FERROUS AND NON-FERROUS FOUNDRIES, SMELTERS, AND

iNVESTMENT CASTING OPERATIONS Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2401 PURPOSE AND APPLICABILITY Env-A 2401.01 Purpose. The purpose of'this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. Env-A 2401.02 Applicability. This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire. PART Env-A 2402 FERROUS FOUNDRIES INSTALLED PRIOR TO OR ON MAY 12, 1971 Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. For any ferrous foundry installed prior to or on May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2102-1. Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period. Opacity shall be determined in accordance with Env-A 807. PART Env-A 2403 FERROUS FOUNDRIES INSTALLED AFTER MAY 12, 1971 Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971. For any ferrous foundry installed after May 12, 1971, no person shall cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for "New Devices" in Table 2102-1. For any ferrous foundry installed or modified after June 15, 

### 1974, in addition to those requirements stated in (a), above, no person shall cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot. Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971. Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period. Opacity shall be determined in accordance with Env-A 807. PART Env-A 2404 NON-FERROUS FOUNDRIES, SMELTERS, OR INVESTMENT CASTINGS Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972. Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter or investment casting source installed prior to or on February20 12-164 Adopted Rule 04-22-13 2

18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "Existing Devices" in Table 2 102-1. Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972. Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, no person shall cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for "New Devices" in Table 2102-1. Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations. (a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

"X" means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and "Y" means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour; (b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below: Y=0.2X (c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:

Y = 0.564 X° 85 (d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X° 77 Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations.

Unless otherwise specified in this chapter, no person shall cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2405 AFFIRMATIVE DEFENSES FOR VIOLATIONS OF VISIBLE EMISSION STANDARDS Env-A 2405.01 Affirmative Defenses. An owner or operator against whom a malfunction-based violation of Env-A 2402.02(a), Env-A 2403.02(a), or Env-A 2404.04(a) is alleged in a penalty action may raise an affirmative defense as provided in Env-A 2103.03.20 12-164 Adopted Rule 04-22-13 Appendix Rule Section(s) State Statute(s) Implemented Env-A 2401 RSA 125-C:6, II Env-A 2402 RSA 125-C:6, II Env-A 2403 RSA 125-C:6, II Env-A 2404 RSA 125-C:6, II Env-A 2405 RSA 125-C:6, II

### EVIDENCE OF PUBLIC NOTICE 40 CFR Part 51, Appendix V, 2.1(f)

### Public Notices Page 1 of 1

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTA STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION CONCORD, NH NOTICE OF PUBLIC HEARING for DRAFT FINAL PROPOSALS In accordance with RSA 541-A:6 and N.H. Admin. Rule Env-A 204.01(b) and 40 CFR 51.102, notice is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department), will hold an additional public hearing on proposed amendments to the NH Code of Administrative Rules and the State Implementation Plan on Friday, March 8, 2013. The public hearing will be held in Room 112, first floor of the offices of the Department, 29 Hazen Drive, Concord, NH. At 10:30 a.m. on Friday, March 8, 2013, the Department will receive testimony from the public concerning the draft final proposed readoption with amendments of two rules, Env-A 2100-Particulate Matter and Visible Emissions Standards, and Env-A 2400 - Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations. The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section of this subtitle. The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. On Friday, January 4, 2013, the department held a public hearing on these two rules. As a result of the comments received and resulting substantial change made to the rules, the Department has decided to hold a public hearing on the draft final proposal of Env-A 2100 and Env-A 2400. The draft final proposal of both of these rules contains revisions to the initial proposal; specifically, Env-A 2103.03 and Env-A 2405.01 substitute an Affirmative Defense section in lieu of the exception for opacity exceedances during startup, shutdown or malfunction. Testimony may be presented orally and/or in writing at the public hearing. The Department will receive written comments on the draft final proposed rules until 4:00 p.m. on Friday, March 8, 2013. Please submit written comments to Karla McManus, Planning and Rules Manager, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03302-0095, Fax (603) 271-7053 or e-mail at Karla.McManus@des.nh.gov . Copies of all documentation pertaining to rulemakings for all air rules are available for inspection at the offices of the Department at the address stated above. The draft final proposed rules are also posted at http://des. nh.aov/oraanization/commission er/legal/rulemaking/index.htm. Questions regarding the proposed rulemakings should be directed to Karla McManus at (603) 271-6854. Thomas S. Burack Commissioner NH Department of Environmental Services Dated: February 8, 2013

Appeared in: The Union Leader on Friday, 02/08/20 13

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### http://nh.mypublicnotices.com/PublicNotice.asp?Page=PublicNoticePrint&AdID=3 

### 059619 2/8/2013

## ZTZ/6 UNION LEADER CORPORATION

P0 BOX 9513 MANCHESTER, NH 03108

0000059625 STATE OF NH-AIR RESOURCES COMM VALERIE DAVID P0 BOX 95 CONCORD NH 03302-0095



### I hereby certify that the legal notice: (0000424280) PUB HEARING 3/8 10:30AM was published in the New Hampshire Union Leader printed at Manchester, NH by the Union Leader Corp. On: 02/08/2013.

State of New Hampshire Hillsborough County
Subscribed and sworn to before me this

day of

Notary Public

! OOMMlSS°

ji MPB C 2'JW

### STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES

AIR RESOURCES DIVISION CONCORD, NH
NOTICE OF PUBLIC HEARING In accordance with RSA 541-A:6 and N.H. Admin. Rule Env-A 204.0 1(b) and 40 CFR § 

### 51.102, notice is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department), will hold a public hearing on proposed amendments to the NH Code of Administrative Rules and the State Implementation Plan on Friday, January 4, 2013. The public hearing will be held in Room 112, first floor of the offices of the Department, 29 Hazen Drive, Concord, NH.

At 10:00 a.m. on Friday, January 4, 2013, the Department will receive testimony from the public concerning the proposed readoption with amendments of three rules, Env-A 2 100-Particulate Matter and Visible Emissions Standards; Env-A 2400 - Ferrous and NonFerrous Foundries, Smelters, and Investment Casting Operations; Env-A 2700 Hot Mix Asphalt Plants. The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section of this subtitle. The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter. The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. All three of these rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules. Testimony may be presented orally and/or in writing at the public hearing. The Department will receive written comments on the proposed rules until 4:00 p.m. on Tuesday, January 15, 2013. Please submit written comments to Karla McManus, Planning and Rules Manager, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03 302-0095, Fax (603) 271-7053 or e-mail at Kar1a.McManus(des.nfr.gov

. Copies of all documentation pertaining to rulemakings for all air rules are available for inspection at the offices of the Department at the address stated above. The proposed rule is also posted at http ://des.nh.gov/organizationlcommissioner/legal/rulemaking/index.htm . Questions regarding the proposed rulemakings should be directed to Karla McManus at (603) 271-6854.
Thomas S. Burack

### Commissioner NI- Department of Environmental Services
Dated: November 16, 20122ij 

### ZT(V 

## UNION LEADER CORPORATION

P0 BOX 9513 MANCHESTER, NH 03108 RECEIVED NEW HAMPSHIRE 

## DEC 032012 AIR RESOURCES ()IVISK)N
0000059625 STATE OF NH AIR RESOURCES COMM VALERIE DAVID P0 BOX 95 CONCORD NH 03302-0095

I hereby certify that the legal notice: (0000325410) PUB. HEARING- 1/4/13 10AM 

### was published in the New Hampshire Union Leader printed at Manchester, NH by the Union Leader Corp. On: 11/21/2012.

State of New Hampshire Hillsborough County Subscribed and sworn to before me this
day of 

# 2JJJJ O/

Notary Public

### CERTIFICATION OF PUBLIC HEARING 40 CFR Part 51, Appendix V, 2.1(g)

# M H



# ~~ DES The State of New Hampshire

DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

July 16, 2013 I hereby certify that: In accordance with N.H. Admin. Rule Env-A 204.01(b) 

### and 40 CFR § 

### 51.102, public notice was given that the New Hampshire Department of Environmental Services, Air Resources Division (DES), intended to submit for the approval of the U.S. Environmental Protection Agency (EPA) revisions to the New Hampshire State Implementation Plan (SIP) which readopted and amended Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations. A public hearing on the Rules and the SIP revision was held on January 4, 2013 at 10:00 a.m., at DES, Rooms 112,29 Hazen Drive, Concord, NH. Opportunity was provided to receive oral comments during the hearing and written comments at any time up to 4:00 p.m. on Tuesday, January 15, 2013, for consideration by the DES in making a final decision. No members of the public attended the hearing, so it was determined that it was not necessary to present the proposed rule 

### and record the hearing. The hearing was closed at 10:12 a.m. A copy of the SIP revision was available for public inspection at the DES 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 SIP revision was also available for downloading from the DES website at: http ://des.nh.gov/organizationlcommissioner/legal/rulemaking/index.htm. The notice was published in the Union Leader, a newspaper of general, statewide circulation, on Wednesday, November 21, 2012, more than thirty days prior to the date of the hearing. As a result of the number of comments received and resulting changes made to the rule, the DES decided to hold a public hearing on the draft final proposal of Env-A 2400 

### and the SIP revision. It was held on March 8, 2013 at 10:30 a.m., at DES, Room 112, 29 Hazen Drive, Concord, NH. Opportunity was provided to receive oral comments during the hearing, and written comments at any time up to 4:00 p.m. on Friday, March 8, 2013, for consideration by the DES in making a final decision. No members of the public attended the hearing, so it was determined that it was not necessary to present the proposed rule and record the hearing. The hearing was closed at 10:42 a.m.

DES Web site: www.des.nh.gov P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964le



### A copy of the SIP revision was available for public inspection at the DES 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 SIP revision was also available for downloading from the DES website at: http://des.nh.gov/organization/commissioner/legallrulemaking/index.htm. The notice was published in the 

### Union Leader, a newspaper of general, statewide circulation, on Friday, February 8, 2013, thirty days prior to the date of the hearing. The above statements are true to the best of my knowledge and belief. 

## 7 

# xWCraig AVright Cj 

### Acting Director Air Resources Division

### COMPILATION OF PUBLIC COMMENTS AND NEW HAMPSHIRE'S RESPONSE THERETO 40 CFR Part 51, Appendix V, 2.1(h)

# M

H 

# ~~ DES The State of New Hampshire

DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

FP 2012-164, Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations Summary of Comments on Initial Proposal and Draft Final Proposal with DES Response March 26, 2013 Introduction DES received written comments on the Initial Proposal from the U.S. Environmental Protection Agency (EPA). The EPA comments and DES responses thereto are summarized below. No other comments were received on the Initial Proposal, and 

### no comments were received on the Draft Final Proposal of Env-A 2400.

Env-A 2402.02

- 

### Visible Emission Standards for Ferrous Foundries Installed Prior to or on May 12, 1971 Comment: EPA states that this rule exempts sources from complying with the opacity standard, and that such an exemption is not allowed by the Clean Air Act. 

### DES Response: DES has deleted the 6-minute exemption previously allowed in Env-A 2402.02 and included in the Draft Final Proposal a new affirmative defense provision (Env-A 2405.01) for opacity exceedances, referencing Env-A 2103.03. To be consistent with this comment, DES also deleted the opacity exemption previously allowed in Env-A 2403.02 for ferrous foundries installed after May 12, 1971.

Env-A 2404.04

- 

### Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations Comment: EPA states that this rule exempts sources from complying with the opacity standard, and that such an exemption is not allowed by the Clean Air Act. 

### DES Response: DES has deleted the 6-minute exemption previously allowed in Env-A 2404.04 and, as noted above, included in the Draft Final Proposal a new affirmative defense provision (Env-A 2405.01) for opacity exceedances, referencing Env-A 2103.03.

DES Web site: www.des.nh.gov P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 • 

### Fax: (603) 271-1381 • 

### TDD Access: Relay NH 1-800-735-2964