, 

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 02109-3912 

Re: 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 1-800-735-2964 
e 

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 1-800-735-2964 
NEW 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 2400 
NEW 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 Manager 
OFFICE 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 an 
Added 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-minute 
Added 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 STATEMENT 
NH 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 list 
RULEMAKING 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 NH 
RULEMAKING 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 Manager 
DRAFT 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 REGISTER 
Lii 

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 Building 
p 

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 None 
I 

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 REGISTER 

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 FILING 
Added 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 X077 

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 Manager 
COVER 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 February 
FP2012-164 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 X077 

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 X077 

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 LCI 

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 RULES 
STATE 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 February 
20 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 

Back 

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, 2012 
2ij 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) 
MH~~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 1-800-735-2964 
le 

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) 
MH~~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