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

### REQUEST FOR FISCAL IMPACT STATEMENTOFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FOR FISCAL IMPACT STATEMENT (FIS) FIS Number

1 . Agency Name &Address : Dept. of Environmental Services P .O . Box 95 Concord, NH 03302-0095



### 5. Short Title: Interimrule 5. Have the rules expired? Date Expired:

Rule Number 

### 2 . RSA Authority: 3. Federal Authority: 4. Type ofAction: Adoption Amendment Repeal Readoption Readoption w/amendment



### SOLVENT METAL CLEANING Env-A 1204.02, 1204.03, 1204.43, & 1204.44 RSA 125-C:4, I(a) 

### X

X Yes [] No® 

### N/A

Contact Person: Name: Sheri Eldridge-Banack Title: ARD SSMB Planning Specialist Address: Dept. of Environmental Services Phone #: (603) 271-0880

P.O . Box 95 Concord, NH 03302-0095 Fax #: (603) 271-8805 (1) Summarize the rule. As required by NH Laws of 2004, Chapter 175, we propose to incorporate relevant portions of the Ozone Transport Commission (OTC) model rule for solvent metal cleaning into Env-A 1204 by making the following substantive changes. First, add subsection (h) to Env-A 1204.02 to include anyone who sells any solvent containing volatile organic compounds (VOCs) for use in a cold cleaning machine. Second, readopt the definition for "cleaning solvent" fromEnv-A 101 .71 by changing the termto "solvent" and renumbering it as Env-A 1204.03(co) . Third, add exemptions in Env-A 1204.43(a) for cold cleaning machines that have an operating capacity of a liter or less ofVOCs and in Env-A 1204.43(b) for open top degreasers with an open top area of less than a square meter . Also, add an exemption to the freeboard height requirement in Env-A 1204.44(a)(1)a.i . for machines that have a closed cover during cleaning operations . Fourth, prohibit certain items from

being cleaned in a cold cleaning machine as provided in Env-A 1204.44(a)(2)g

. . Fifth, provide for a one year pass through period between banning the sale of non-compliant solvent after March 1, 2006 in Env-A 1204.44(b) and banning the use of non-compliant solvent after March 1, 2007 in Env-A 1204.44(a)(2)h

. . Sixth, require (1) sellers in Env-A 1204.44(c) to provide certain records to purchasers and (2) purchasers in Env-a 1204.44(a)(2)i

. to keep those records on-site for 2 years. Finally, exclude cold cleaning machines with a capacity of 7.5 liters or less from the control equipment requirements in Env-A 1204.44(a)(3) . (2) Is the cost associated with this rule mandated by the rule or by state statute? Ifthe 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.Any costs associated with these amendments are mandated by the rules. These amendments are required by NH

Laws of 2004, 175 :1, 1 . (3) Compare the cost of the proposed rule with the cost ofthe existing rule, if there is an existing rule. The cost of the proposed rules may increase costs to the regulated community as compared to the cost ofthe existing rules. The increased costs might result fromthe proposed requirement to use low volatility solvent if the price of that solvent is more expensive than the solvent currently used by the source. The proposed recordkeeping requirements should not increase costs because the documents are routinely kept during normal business operations. In addition, the proposed rule will eliminate costs for very small sources by exempting those cold cleaning machines with a capacity ofone gallon or less and those open top vapor degreasers with an open top area of less than 1 square meter . 

### (4) Describe the costs and benefits to the state general fund which would result fromthis rule. The proposed rules will not have any effect on the state general fund. (5) 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 . 

### (6) Describe thecost and benefits to any state special fund which would result . The proposed rules will not have any effect on any state special fund. (7) 

### Describe thecosts and benefits to the political subdivisions of the state. Political subdivisions own or operate cold cleaning machines or sell cleaning solvent. Thus, there are no costs or benefits to political subdivisions ofthe state resulting fromthe proposed rules. Benefits to political subdivisions are the same as the benefits to citizens in (8), below . (8) Describe the costs and benefits to the citizens ofthe state. There are no costs to the citizens of the state resulting fromthe proposed rules. Benefits to citizens include reduced exposure to the adverse effects ofVOCemissions and improved air quality. 

### (9) Describe the costs and benefits to any independently owned business, including a description of the specific reporting and recordkeeping requirements upon those employing fewer than 10 employees. There are no costs to any independently owned business resulting from the proposed rules. There are no specific reporting or recordkeeping requirements upon those employing fewer than 10 employees in the proposed rules. In any event, the proposed recordkeeping requirements, which apply to all operators of cold cleaning machines subject to the rule, should not increase costs because the documents are routinely kept during normal business operations.

### FISCAL IMPACT STATEMENTLBAO FIS 04:235 11/18l04 Fiscal Impact Statement for Department of Environmental Services rules governing Solvent Metal Cleaning. [Env-A 1204.02, 1204.03, 1204 .43 and 1204.44]) 1 . Comparison of the costs of the proposed rule(s) to the existing rule(s) :



### The cost of the proposed rules many increase costs to the regulated community as

. compared to the cost of the existing rules. 2 . Cite the Federal mandate. Identify the impact on state funds:

No federal mandate; no impact on state funds. 3 . Cost and benefits of the proposed rule(s) : 

### The increased costs may result fromthe proposed requirement to use low volatility solvent if the price of that solvent is more expensive than the solvent curreritly used by the source. In. addition, the proposed rule will eliminate costs forvery small sources by exempting those cold, cleaning machines with a capacity of one gallon or- less and those open top vapor degreasers with an open top area of less than 1 square meter. A . To State general or State special funds: None. B . To State citizens and political subdivisions : None. G . To independently owned businesses: See 3 . above.

### RULEMAKING NOTICE FILINGRULEMAKING NOTICE FORM

-- Notice Number

1 . Agency Name &Address: Dept . of Environmental Services P .O . Box 95 Concord, NH 03302-0095 Rule Number Env-A 1204 .02(h), 1204.03(co), 1204.43, and 1204.44 2. RSA Authority: 3. Federal Authority: 4. Type of Action: Adoption RSA 125-C:4, I (a)

Amendment X Repeal Readoption Readoption w/amendment 5. Short Title: SOLVENT METAL CLEANING 6. (a) Summary of what the rule says and the effect of the rule on those regulated: N/A

X

As required by NH Laws of 2004, Chapter 175, the Department is proposing to incorporate relevant portions of the Ozone Transport Commission (OTC) model rule for solvent metal cleaning into Env-A 1204; this entails making several substantive changes including but not limited to the following described changes. The Department proposes to specifically include anyone who sells any solvent containing volatile organic compounds (VOCs) for use in a cold cleaning machine while providing exemptions for cold cleaning machines that have an operating capacity of a liter or less ofVOCs and for open top degreasers with an open top area of less than a square meter . Other exemptions are also provided in the proposed rule such as removing certain requirements for machines that have a closed cover during cleaning operations and not requiring cold cleaning machines of a specified size to comply with control equipment requirements . The Department proposes to allow

for a pass-through period between banning the sale of non-compliant solvent and banning the use of non-compliant solvent. Finally, the Department proposes to impose recordkeeping requirements on both sellers and purchasers of solvents . 6. (b) Brief description of the groups affected: The proposed changes would affect anyone who sells or uses any solvent containing VOCs for use in a cold cleaning machine. In addition, the proposed rule allows certain small cold cleaning machines and small open top degreasers to be excluded fromthe requirements of Env-A 1204.43 or Env-A 1204.44, as applicable . ' 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement : Provision of the Proposed Rule Specific State and Federal Statutes the Rule is Intended to Im

plement Env-A 1204.02(h), 1204.03(co), 1204.43, and RSA 125-C:4, I(a) & (n) ; RSA 125-C:6, li & 1204.44 XV11 ; 42 U.S .C. §§7410, 7502(c), & 751 1c7 . Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Sheri Eldridge-Banack Address :

8. Dept . of Environmental Services

P.O . Box 95 Concord, NH 03302-0095 The proposed rule can be viewed and downloaded at http://www

.des.state.nh.us/ard/hrpsdrul .htm . Title : Phone #: Fax#: E-mail : ARD SSMB Planning Specialist

271-0880 271-7053 sbanack@des .state.nh.us TTY/TDDAccess : Relay NH 1-800-735- 2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Thursday, January 20, 2005 at 4:00 pm ®Fax 9. Public hearing scheduled for :

Date and Time: Place: 

## ®E-mail

Monday, January 10, 2005, 9:00 am NH Dept. of Environmental Services Room 114 29 Hazen Drive Concord, NH 03301 10 . Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 04:235 See attached text. , dated November 18, 2004

11 . Statement Relative to Part I, Article 28-a of the N.H . Constitution: DOther format (specify) :

There are no political subdivisions subject to the proposed rules . Therefore, 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 additional local expenditures. -

### LBAO FIS 04:235 11118104 Fiscal Impact Statement for Department of Environmental Services rules governing Solvent Metal Cleaning: (Env-A 1204

.02, 1204.03, 1204

.43 and 1204.44]] 1 . Comparison of the costs of the proposed rule(s) to the existing rule(s) :

The cost of tho proposed rules many increase costs to the regulated community as compared to the cost ofthe existing rules. 2 . Cite the Federal mandate. Identify the impact on state funds: No federal mandate; no impact on state funds. 3. Cost and benefits of the proposed rule(s) : .



### The Increased costs may result fromthe proposed requirement to use low volatility solvent if the price of that solvent is more expensive than the solvent currently used by the source. In. addition, the proposed rule will eliminate costs for very small sources by exempting those cold, cleaning machines with a capacity of one gallon or- less and those open top vapor degreasers with an open top area of less than 1 square meter. A . To State general or State special funds: None. ' B . To State citizens and political subdivisions : None. C . To independently owned businesses: See 3 . above .

, .* . , . . ~ .,T An.f Jcnr_T»_cno" xpa ,--PriftA 'il'H"f('iAdded language in bold italics; Initial Proposal 11=5-04 1

deleted language s#mel , fl Adopt Env-A 1204

.02(h) to read as follows : Env-A 1204.02 Scope. (h) This part shall also apply to any person who sells or offersfor sale any solventfor use in a cold cleaning machine. , Adopt Env-A 1204

.03(co) and renumber existing Env-A 1204 .03(co) through Env-A 1204.03(dp) as Env-A 1204.03(cp) through Env-A 1204 .03(dq), so that Env-A 1204.03(co) reads as follows : Env-A 1204.03 Definitions . For purposes of this part, the following definitions shall apply: (co) "Solvent" means those volatile organic compounds used in the liquid or vaporform for the removal ofsoilsfrom fibrous, non-fibrous, woven, non-woven, metallic, and nonmetallic articles, materials or surfaces. Readopt with amendments Env-A 1204.43 and 1204 .44, effective 12-31-02 (Document #7812), to read as follows: Env-A 1204.43 Awlicability Criteria for Solvent Metal Cleaning. (a) A cold cleaning machine that has an operating capacity ofone liter (0 .26gallon) or less of VOCshall be exemptfromEnvA 1204 .44 if the owner or operator uses appropriate work practices to reduce VOC emission andprevent solvent spillage including, but not limited to, keeping the cover closed on the machine at all times except when processing work loads through the degreaser and storing waste solvent in closed containers. (b) An open top vapor degreaser with an open top area less than 1 .0 square meter (mZ) (10 .8 squarefeet (ftZ)) shall be exemptfromEnv-A 1204 .45 . (c) A conveyorized degreaser with an air/solvent interface area less than 2 .0 sEfUafe-M etet~-S (mZ} (21 .6 squafe feet ft2)) shall be exempt fromEnv-A 1204.46(a) . Env-A 1204.44 Compliance Standards for Cold Cleaning. (a) The owner or operator of a cold cleaning process shall control such process by using the control techniques, eVipment, a operating requirements, and equipment described below : (bl) Control techniques shall include the following: spillage, either : e;- .(i) A freeboard height that gives a freeboard ratio greater than or equal to 0.75 unless the machine is equipped with a cover that is kept closed except when parts are beingplaced into or being removedfromthe machine; orAdded language in bold italics; Initial Proposal 11-5-04 2

deleted language °'T~^'~~ }~g n b :()) A water cover at least 2.54 centimeter (cm) (1 inch (in)) deep, where the solvent is insoluble in and heavier than water ; (-2)b. If a solvent spray is used, the spray nozzle shall be capable ofdelivering a cohesive fluid stream, rather than a fine, atomized or shower type spray, operated according to (e)(6)(2)f ., below ; and (3-) c. A permanent, legible, and conspicuous label, summarizing the operating requirements specified in (e2), below, affixed .to each solvent container or other location where it can be easily seen by the operator ; and 

### (e2) Operating requirements shall be as follows: (q-) a. Waste solvent shall be stored only in covered containers; (2) b . The degreaser cover shall be closed whenever parts in the cleaner are not being handled manually; (3) c. Cleaned parts shall be drained for at least 15 seconds or until dripping ceases, whichever is longer; (4) d. Solvent leaks shall be repaired immediately or the degreaser shall be shut down; 

### (3-) e . Drafts across the top of each cold cleaning unit shall be minimized ; and (6)f . Where a solvent spray is used, such spraying shall be: a:(i) Operated at a pressure which does not exceed 10 psig as measured at the pump outlet; and 

### b-.(ii) Performed only within the confines of the degreasing unit: ; g . Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in a cold cleaning machine; h. After March 1, 2007, the owner or operator ofa cold cleaning machine shall not use in the machine any solvent with a vapor pressure of I . 0 millimeters of mercury (mmHg) or greater, measured at 20°C (68°F) ; and i. The operator ofa cold cleaning machine shall mainlainfor not less titan 2 years and shall provide to the department, on request: (i) The information specified in paragraph (c)(1), below, in theformof an invoice, bill ofsale, or certificate that corresponds to a number of sales; and (ii) The material safety data sheet (MSDS) as specified in (c)(2), below ; and (a3) Ifthe cold cleaning machine can hold more than 7 .5 liters, Econtrol equipment shall include the following: H-) a. A tank cover that is easily operated with one hand, if the se'v°nt :Added language in bold italics; Initial Proposal 11-5-04 3

deleted language 'm^'

; and

(22) b . 

### n internally mounted drainage device that operates such that parts to be cleaned are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system ; . (b) After March 1, 2006, a person shall not sell or offerfor salefor use in a cold cleaning machine in New Hampshire any solvent with a vapor pressure of 1 .0min Hg or greater, measured at 20°C (68°F) . (c) On and after March 1, 2006, a person who sells or offersfor sale any solventfor use in a cold cleaning machine in New Hampshire shall provide, to the purchaser, the following written information:

(1) The name and address ofthe solvent supplier; and (2) A MSDS listing the type ofsolvent, the product or vendor identification number, and the vapor pressure ofthe solvent measured in mm Hg at 20°C(68°F) . Appendix Provision of the Proposed Rule Specific State and Federal Statutes which the Rule is Intended to Implement 

### Env-A 1204

.02, 1204.03, 1204.43, and 1204.44 RSA 125-C :4, I(a) &(n) ; RSA 125-C:6, II & XVII ; 42 U.S.C

. §§7410, 7502(c), & 751 1c

### RULEMAKING REGISTER

### 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 TDDAccess: Fax (603) 271-7871 Websfte: www .gencourt .state.nh.us/ruleslindex.html Relay NH 1-800-735-2964

VOLUME XXIV, Number 49, December 3, 2004

TABLE OF CONTENTS 1 . OFFICE OF LEGISLATIVE SERVICES ~ Pase No. a. List of Notices of Proposed Rules NN 2004-186 through NN2004-188 and Proposed InterimRules INT 2004-40 through INT 2004-41 -ib . Notices of Proposed Rules and Proposed InterimRules 1 2. COMMITTEE (JLCAR)

Meeting Date(s) : Thursday, December 16, 2004 9:00 a .m . Rooms 306/308, Legislative Office Building 

### JLCARMEETING DATES AND FILING DEADLINES

DECEMBER, 2004 The JLCAR has voted to hold its regularly scheduled monthly meeting for December on Thursday, December 16, 2004. The minimum14-day "deadline" prior to the regular JLCARmeeting is listed for agencies to file final proposals or proposed interimrules* for placement on the JLCAR agenda pursuant to RSA 541-A:12, I and RSA 541-A:19, V. The JLCARhas not scheduled 'a continued meeting at this time to address any items postponed fromthe prior regular meeting. *Note: Register publication, and notice filing deadlines, will still occur on Fridays, except for the Thanksgiving holidays, Christmas Eve and New Year's Eve. RSA 541-A:19, Vrequires that an agency's interimrulemaking notice, whether in a newspaper or in the Register, must be published at least 7 days prior to the JLCAR meeting. Therefore, the Friday deadline for filing a proposed interimrule with a Register notice will be earlier as listed below . *Filing Deadline for Regular Meeting Regular Meeting Continued Meeting InterimRules Filing Deadline Date Date wl Register Notice November 24 (due to holiday) December 2 December 16 None

### NEW

HAMPSHIRE RULEMAKING REGISTER Notices of Proposed Rules Notice Number Rule Number A, .gency and Short Title of Rule 2004-186 Env-Ws 415 Department of Environmental Services Division ofWater Site Specific Rules. 2004-187 Env-A 1204.02 Department of Environmental Services Division ofAir Resources Solvent Metal Cleaning. 2004-188 Env-A 1900 Department of Environmental Services Division ofAir Resources Incinerators. 

### Notices of Proposed InterimRules . Interim Notice Number Rule Number Agency and Short Title of Rule (INT 2004-40) . Saf-C 900 Department of Safety, Commissioner Motor Carrier Safety InterimRules. (1NT 2004-41) Saf-C 300 Department of Safety, Commissioner InterimVarious Road Toll Administration Rules.

### NEW HAMPSHIRE RULEMAKING REGISTER December 3, 2004 Page 3 Notice Number 2004-187

1 . Agency Name &Address: Dept . of Environmental Services P .O . Box 95 Concord, NH 03302-0095

5. Short Title: SOLVENT METAL CLEANING Rule Number Env-A 1204.02(h),1204.03(co), 1204.4 3, and 1204

.4 .4 2. RSA Authority: 3. Federal Authority: 4 . Type of Action: Adoption RSA 125-C :4, I(a)

Amendment X Repeal Readoption Readoption w/amendment

6. (a) Summary ofwhat the rule says and the effect ofthe rule on those regulated: N/A

X

As required by NH Laws of2004, Chapter 175, the Department is proposing to incorporate relevant portions ofthe Ozone Transport Commission (OTC) model rule for solvent metal cleaning into Env-A 1204; this entails making several substantive changes including but not limited to the following described changes. The Department proposes to specifically include anyone who sells any solvent containing volatile organic compounds (VOCs) for use in a cold cleaning machine while providing exemptions for cold cleaning machines that have an operating capacity of a liter or less of VOCs and for open top degreasers with an open top area of less than a square meter. Other exemptions are also provided in the proposedrule such as removing certain requirements for machines that have a closed cover during cleaning operations and not requiring cold cleaning machines of a specified size to comply with control equipment requirements. The Department proposes to allowfor a pass-through period between banning the sale ofnon-compliant solvent and banning the use ofnon-compliant solvent. Finally, the Department proposes to impose recordkeeping requirements on both sellers and purchasers of solvents. . 6 . (b) Brief description ofthe groups affected: The proposed changes would affect anyone who sells or uses any solvent containing VOCs for use in a cold cleaning machine. In addition, the proposed rule allows certain small cold cleaning machines and small open top degreasers to be excluded fromthe requirements of Env-A 1204.43 or Env-A 1204 .44, as applicable. . 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement : Provision of the Proposed Rule Specific State and Federal Statutes the Rule is Intended to Im

plement Env=A 1204.02(h), 1204.03(co), 1204.43, and RSA 125-C:4, I(a) & (n) ; RSA 125-C:6, II & 1204.44 _ XVII ; 42 U .S .C. §§7410, 7502(c), & 7511c

### NEW HAMPSHIRE RULEMAKING REGISTER December~3, 2004 Page 4 NN2004-187 Continued 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name : Sheri Eldridge-Banack Title: ARD SSMB Planning Specialist Address: Dept. of Environmental Services Phone #: 271-0880

P .O . Box 95 Fax#: 271-7053 Concord, NH 03302-0095 E-mail : sbanack@des .state.nh.us The proposed rule can be viewed -and TTY/TDD Access: Relay NH 1-800-735- downloaded at 2964 or dial 711 (in NH) http://www

.des.state .nh.us/ard/pipsdrul .btm . 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Thursday, January 20, 2005 at 4:00 um ®Fax ®E-mail E]Other format (specify) : 9. Public hearing scheduled for:

Date and Time: Monday, January 10, 2005, 9:00 am

NHDept. of Environmental Services Place: Room114

29 Hazen Drive Concord, NH 03301 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 04:235 , dated November 18, 2004 1 . Comparkion of the costs of, the proposed rule(s) to the existing rule(*) : 

### The cost ofthe proposed rules mariy increase costs to the regulated community as

. compared 'to the cost ofthe e*ting rules. 2 . Cite the Federal mandate. Identify the impact on state funds: .

No federal mahdate; no impad on state funds. 3 . Cost and bene(" bof the proposed ruie(s` : . The increased-costs may result from the proposed requirement to use low volatility solvent if the price of that solvent is more expensive than the Solvent currerltly used by the source. In- addition, the proposed rule will eliminate costs for very small sources by exempting those cold deaning machines with a capacity of one gallon or less and those open top vapor degreasers with an open top area of less than 1 square meter . A, To State general or State special funds: None. . B. To Stato citizens and political subdlviaions: ' None. C . To independently owned businesses: See 3 . above. 11 . Statement Relative to Part I, Article 28-a ofthe N.H. Constitution: There are no political subdivisions subject to the proposed rules. Therefore, 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 additional local expenditures.

### FINAL PROPOSAL FILINGCOVER SHEET FORFINAL PROPOSAL

Notice Number 2004-187 Rule Number Env-A 1204.02(h), 1204.03(co), 1204.43, and 1204 .44 1 . Agency Name &Address :

Dept . of Environmental Services P.O. Box 95 Concord, NH 03302-0095 2. RSA Authority: RSA 125-C:4, I(a) 3. Federal Authority: N/A 4. Type of Action: 0 Adopt ® Amendment 0 Repeal F Readoption ® Readoption w/amendment 5. Short Title: SOLVENT METAL CLEANING 6. , Contact person for copies and questions:

Name: Sheri Eldridge-Banack Title : Stationary Source Planning Specialist Address: NH Dept . of Environmental Services phone #: 271-0880



### P .O . Box 95 Concord, NH 03302-0095

7. Yes El No ® Agency requests Comirnittee legal counsel reviewand delayed Committee reviewpursuant to RSA 541-A:12, I-a 8. The rulemaking notice appeared in the Rulemaking Register on December 3, 2004.



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

AND 2 COPIES OF THE FOLLOWING : (and numbered correspondingly) 9. The "Final Proposal-Fixed Text," including the cross-reference table required by RSA 541-A:3-a, lI as an appendix. 10. The full text of the RSApassage granting rulemaking authority. 11 . Yes F-1 N/A ® Incorporation by Reference Statement(s) because this rule incorporates a document by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A:12, 111. 12. Yes ®N/A F~ The "Final Proposal-Annotated Text," indicating how the proposed rule was changed because the text of the rule changed fromthe Initial Proposal pursuant to RSA 541-A:12, II(e) . 13. Yes F~ N/A ® The an-tended 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 .Item9. Final Proposal #2004-187 - Fixed Text 2-1-05 1

Amend Env-A 1204.02, effective 12-31-02 (Document #7812), by inserting paragraph (h), to read as follows: 

### Env-A 1204.02 Scoye. (h) This part shall also apply to any person who sells or offers for sale any solvent for use in a cold cleaning machine. Amend Env-A 1204.03, effective 12-31-02 (Document #7812), by inserting paragraph (co) and renumber existing Env-A 1204.03(co) through Env-A 1204.03(dp) as Env-A 1204.03(cp) through Env-A 1204.03(dq), so that Env-A 1204.03(co) reads as follows: Env-A 1204.03 Definitions . For purposes of this part, the following definitions shall 

### apply: (co) "Solvent" means those volatile organic compounds used in the liquid or vapor form for the removal of soils from fibrous, non-fibrous, woven, non-woven, metallic, and non-metallic articles, materials or surfaces. Readopt with amendments Env-A 1204.43 and 1204.44, effective 12-31-02 (Document #7812), to read as follows : 

### Env-A 1204 .43 Criteria for Solvent Metal Cleanin (a) Acold cleaning machine that has an operating capacity of one liter (0.26 gallon) or less of VOCshall be exempt fromEnv-A 1204.44. (b) An open top vapor degreaser with an open top area less than 1 .0 square meter (m) (10.8 square feet (ft2)) shall be exempt fromEnv-A 1204.45 ifthe owner or operator uses appropriate work practices to reduce VOCemission and prevent solvent spillage including, but not limited to, keeping the cover closed on the machine at all times except when processing work loads through the degreaser and storing waste solvent in closed containers. (c) A conveyorized degreaser with an air/solvent interface area less than 2.0 mZ (21 .6 ft) shall be exempt fromEnv-A 1204.46(a) . Env-A 1204.44 Compliance Standards for Cold Cleaning. (a) The owner or operator ofa cold cleaning process shall control such process by using the control techniques, operating requirements, and equipment described below : (1) Control techniques shall include the following: a. To prevent spillage, either : 1 . A freeboard height that gives a freeboard ratio greater than or equal to 0.75 unless the machine is equipped with a cover that is kept closed except when parts are being placed into or being removed from the machine; or .Final Proposal #2004-187 - Fixed Text 2-1-05 2 2. A water cover at least 2 .54 centimeter (cm) (1 inch (in)) deep, where the solvent is insoluble in and heavier than water; b . If a solvent spray is used, the spray nozzle shall be capable of delivering a cohesive fluid stream, rather than a fine, atomized or shower type spray, operated according to (2)f ., below ; and c. A permanent, legible, and conspicuous label, summarizing the operating requirements specified in (2), below, affixed to each solvent container or other location where it can be easily seen by the operator ; (2) Operating requirements shall be as follows: a. Waste solvent shall be stored only in covered containers ; b. The degreaser cover shall be closed whenever parts in the cleaner are not being handled manually; c. Cleaned parts shall be drained for at least 15 seconds or until dripping ceases, whichever is longer; d. Solvent leaks shall be repaired immediately or the degreaser shall be shut down; e . Drafts across the top of each cold cleaning unit shall be minimized; and f . Where a solvent spray is used, such spraying shall be: 1 . Operated at a pressure which does not exceed 10psig as measured at the pump outlet ; and 2. Performed. only within the confines of the degreasing unit: ; g. Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in a cold cleaning machine; h. After March 1, 2007, the owner or operator of a cold cleaning machine shall not use in the machine any solvent with a vapor pressure of 1 .0 millimeters of mercury (mm

Hg) or greater, measured at 20°C (68°F) ; and i . The operator of a cold cleaning machine shall maintain for not less than 2 years and shall provide to the department, on request: 1 . The information specified in (c)(1), below, in the formof an invoice, bill of sale, or certificate that corresponds to a number of sales; and 2. The material safety data sheet (MSDS) as specified in (c)(2), below ; and (3) If the cold cleaning machine can hold more than 7.5 liters, control equipment shall include the following: a. A tank cover that is easily operated with one hand; andItem 9 . Final Proposal #2004-187 - Fixed Text 2-1-05 3

b. An internally mounted drainage device that operates such that parts to be cleaned are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system

; . (b) After March l, 2006, a person shall not sell or offer for sale for use in a cold cleaning machine in New

Hampshire any solvent with a vapor pressure of 1 .0 mm Hg or greater, measured at 20°C (68°F) . (c) After March 1, 2006, a person who sells or offers for sale any solvent for use in a cold cleaning machine in New Hampshire shall provide, to the purchaser, the following written information:

### (1) The name and address ofthe solvent supplier ; and

(2) A MSDS listing the type of solvent, the product or vendor identification number, and the vapor pressure,of the solvent measured in mm Hg at 20°C (68°F) . Appendix Provision of the Proposed Rule Specific State and Federal Statutes which the Rule is Intended to Implement 

### Env-A 1204.02(h), 1204.03(co), 1204.43, and RSA 125-C :4,1(a) & (n) ; RSA 125-C :6,11 & 1204.44 XVII ; 42 U.S .C. §§7410,7502(c), & 751 1cItem10

. The full text of each RSApassage that grants rulemaking authority for the rules contained in the proposal . 

# CHAPTER 125-C 

# AIR POLLUTION CONTROL

Section 125-C:4 125-C :4 Rulemaking Authority; Subpoena Power . - I . The conunissioner shall adopt rules under RSA541-A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. (b) Primary and secondary ambient air quality standards. (c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. (d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C

:11, I and RSA 125-C

:l 1, I-a. (e) Devices, in addition to those devices defined under RSA 125-C :2, subject to the permit requirements of RSA 125-C

:11, as authorized by RSA 125-C:11, II . (f) The exemption of certain devices and non-Title -V sources fromthe permit requirements of RSA 125- C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11,1 . (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C :12, I . (h) Notification of and public hearing on permit applications, including exemptions fromthose requirements, as authorized by RSA 125-C:12, II . (i) Fees for permit application and review, as authorized by RSA 125-C:12, IV. (j) Procedures for pen-nit application review, as authorized by RSA 125-C :11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C :13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI . (1) Procedures for receivingviolation complaints and for rules enforcement, as authorized by RSA 125- C:15, I . (m) Procedures for granting variances, as authorized by RSA 125-C:16 . (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. I-a. In adopting rules under paragraph 1, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment . I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C :2, V-c. II . The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary. Source. 1979, 359

:2. 1986, 202:8, eff

. July 1, 1986. 1996, 228 :19, 104, eff . July 1, 1996; 278:2, 3, ef£ Aug.. 9, 1996 . 2001, 293:5, eff. July 17, 2001 . 2003, 137:3, eff . Jan. 1., 2004. 2004, 175:2, eff. May 27, 2004.Item12. Final Proposal #2004-187 - Annotated Text 2-1-05 1

Amend Env-A 1204.02, effective 12-31-02 (Document #7812), by inserting paragraph (h), to read as follows: Env-A 1204.02 Scope. (h) This part shall also apply to any person who sells or offers for sale any solvent for use in a cold cleaning machine. Amend Env-A 1204.03, effective 12-31-02 (Document #7812), by inserting paragraph (co) and renumber existing Env-A 1204 .03(co) through Env-A 1204.03(dp) as Env-A 1204 .03(cp) through Env-A 1204.03(dq), so that Env-A 1204 .03(co) reads as follows: apply: Env-A 1204.03 Definitions. For purposes of this part, the following definitions shall (co) "Solvent" means those volatile organic compounds used in the liquid or vapor form for the removal of soils fromfibrous, non-fibrous, woven, non-woven, metallic, and non-metallic articles, materials or surfaces. Readopt with amendments Env-A 1204.43 and 1204 .44, effective 12-31-02 (Document #7812), to read as follows: Env-A 1204.43 Applicability Criteria for Solvent M etal Cleanine. 

### (a) Acold cleaning machine that has an operating capacity of one liter (0.26 gallon) or less ofVOCshall be exempt from Env-A 1204.44 } (b) An open top vapor degreaser with an open top area less than 1 .0 square meter (m2) (10.8 square feet (fl?)) shall be exempt fromEnv-A 1204.45 ifthe owner or operator uses appropriate work practices to reduce VOC emission andprevent solvent spillage including, but not limited to, keeping the cover closed on the machine at all times except whenprocessing work loads through the degreaser and storing waste solvent in closed containers. 

### (c) Aconveyorized degreaser with an air/solvent interface area less than 2.0 m2 (21 .6 ft2) shall be exempt fromEnv-A 1204 .46(a) . Env-A 1204

.44 Compliance Standards for Cold Cleanin~. 

### (a) Theowner or operator of a cold cleaning process shall control such process by using the control techniques, operating requirements, and equipment described below :

. (1) Control techniques shall include the following: a. To prevent spillage, either: (i)1 . A freeboard height that gives a freeboard ratio greater than or equal to 0.75 unless the machine is equipped with a cover that is kept closedFinal Proposal #2004-187 -Aimotated Text 2-1-05 2 except when parts are being placed into or being removed fromthe machine; or (i4-)2 . A water cover at least 2 .54 centimeter (cm) (1 inch (in)) deep, where the solvent is insoluble in and heavier than water; b. If a solvent spray is used, the spray nozzle shall be capable of delivering a cohesive fluid stream, rather than a fine, atomized or shower type spray, operated according to (2)£, below ; and c. Apermanent, legible, and conspicuous label, summarizing the operating requirements specified in (2), below, affixed to each solvent container or other location where it can be easily seen by the operator ; (2) Operating requirements shall be as follows: a. Waste solvent shall be stored only in covered containers ; b. The degreaser cover shall be closed whenever parts in the cleaner are not being handled manually; c. Cleaned parts shall be drained for at least 15 seconds or until dripping ceases, whichever is longer; d. Solvent leaks shall be repaired immediately or the degreaser shall be shut down; e. Drafts across the top of each cold cleaning unit shall be minimized; and f. Where a solvent spray is used, such spraying shall be: (i)1 . Operated at a pressure which does not exceed 10 psig as measured at the pump outlet ; and (ii)2 . Performed only within the confines ofthe degreasing unit: ; g. Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned. in a cold cleaning machine; h. After March l, 2007, the owner or operator of a cold cleaning machine shall not use in the machine any solvent with a vapor pressure of 1 .0 millimeters of mercury (mm

Hg) or greater, measured at 20°C (68°F) ; and i . The operator of a cold cleaning machine shall maintain for not less than 2 years and shall provide to the department, on request: (-i)1 . The information specified in pafagi7aph (c)(1), below, in the formof an invoice, bill of sale, or certificate that corresponds to a number of sales; and (4i)2 . The material safety data sheet (MSDS) as specified in (c)(2), below ; andItem 12. Final Proposal #2004-187 - Annotated Text 2-1-05 3 (3) If the cold cleaning machine can hold more than 7 .5 liters, control equipment shall include the following: a. Atank cover that is easily operated with one hand; and b. An internally mounted drainage device that operates such that parts to be cleaned are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system

; . (b) After March 1, 2006, a person shall not sell or offer for sale for use in a cold cleaning machine in New

Hampshire any solvent with a vapor pressure of 1 .0 mm Hg or greater, measured at 20°C (68-F) . (c) ORaRd-aAfter March l, 2006, a person who sells or offers for sale any solvent for use in a cold cleaning machine in New Hampshire shall provide, to the purchaser, the following written information:



### (l,) The name and address of the solvent supplier; and (2) A MSDS listing the type of solvent, the product or vendor identification number, and the vapor pressure of the solvent measured in mm Hg at 20°C (68°F) .

### APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULESCAROL J . HOLAHAN

DIRECTOR STATE OF NEW HAMPSHIRE

OFFICE OF LEGISLATIVE SERVICES

STATE HOUSE 107 NORTH MAINSTREET, ROOM 109 CONCORD, NEW

HAMPSHIRE 03301-4951

February 18, 2005 

### NOTICE NO

. 2004-187 RULE # Env-A 1204.02(h), 1204.03(co), 1204.43 & 1204.44 RELATIVE TO

: Solvent Metal Cleaning

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the above cited rule at its meeting on FEBRUARY 18, 2005 The Committee voted to approve the rule . You may proceed to adopt the rule and file it with the Division of Administrative Rules of the Office of Legislative Services. When filing the final rule, the agency is also required to file a cover letter indicating the date of final adoption and certifying the final rule is a true copy. See Section 2.19 of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules . The rule will become effective either at (1) 12:01 a .m . on the day after the filing, (2) 12:01 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 rule. Sincerely yours, 

# C' .--~ 1 °*-z---~

v Carol J . Holahan, Director Office of Legislative Services CJH/'pj h Enc. ADMINISTRATION (603) 271-3436 DIRECTOR (603) 271-3432 TDD Access: Relay NH 1-800-735-2964 LEGAL STAFF (603) 271-3435 ADMINISTRATIVE RULES (603) 271-3680 FAX : (603) 271-6607 RESEARCH (603) 271-3326

### ADOPTED RULE

### The State of New Hampshire 

## Department of Enviru. .mental Services

Michael P Nolin Commissioner



### February 25, 2005 Carol J . Holahan, Director c/o, OLS, Division of Administrative Rules State House Annex, Room 219 Concord, NH 03301 Re : Adoption of Final Rule, FP #2004-187 Dear Director Holahan: Please be advised that 1, as Commissioner of the Department of Environmental Services, have adopted the following rule: Env-A 1204.02(h), 1204.03(co), 1204.43, and 1204.44: SOLVENT METAL

CLEANING The Joint Legislative Cormnittee on Administrative Rules approved these rules at its meeting on February 18, 2005. Enclosed are two paper copies and a disk version of the rules. I, Michael P

. Nolin, Commissioner of the Department of Environmental Services, hereby certify that the enclosed are true copies ofthe rules I have adopted.

Michael PlNolin Enclosures Commissioner

cc : Jennifer Patterson, NH DOJ-EPB Marti Nickerson, NH DOJ-EPB, Paralegal Gretchen Hamel, DES Legal Unit, Administrator Sheri Eldridge-Banack, DES ARD, SSMB Planning Specialist

P .O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone : (603) 271-1370 " Fax: (603) 271-1381 " TDDAccess: Relay NH 1-800-735-2964 DES Web site: www

.des.nh.govAdopted Rule 2-25-05 1

Amend Env-A 1204.02, effective 12-31-02 (Document #7812), by inserting paragraph (h), to read as follows : Env-A 1204.02 Scoue. (h) This part shall also apply to any person who sells or offers for sale any solvent for use in a cold cleaning machine. Amend Env-A 1204.03, effective 12-31-02 (Document #7812), by inserting paragraph (co) and renumber existing Env-A 1204.03(co) through Env-A 1204.03(dp) as Env-A 1204.03(cp) through Env-A 1204.03(dq), so that Env-A 1204.03(co) reads as follows: Env-A 1204.03 Definitions . For purposes of this part, the following definitions shall apply: (co) "Solvent" means those volatile organic compounds used in the liquid or vapor form for the removal of soils fromfibrous, non-fibrous, woven, non-woven, metallic, and non-metallic articles, materials or surfaces . Readopt with amendments Env-A 1204.43 and 1204.44, effective 12-31-02 (Document #7812), to read as follows : Env-A 1204.43 Applicability Criteria for Solvent Metal Cleanin~. (a) A cold cleaning machine that has an operating capacity of one liter (0.26 gallon) or less ofVOCshall be exempt from Env-A 1204.44. (b) An open top vapor degreaser with an open top area less than 1 .0 square meter (m2) (10.8 square feet (ft)) shall be exempt from Env-A 1204.45 if the owner or operator uses appropriate work practices to reduce VOC emission and prevent solvent spillage including, but not limited to, keeping the cover closed on the machine at all times except when processing work loads through the degreaser and storing waste solvent in closed containers. (c) A conveyorized degreaser with an air/solvent interface area less than 2 .0 mz (21 .6 ftz) shall be exempt fromEnv-A 1204.46(a) . Env-A 1204.44 Compliance Standards for Cold Cleaniniz . (a) The owner or operator ofa cold cleaning process shall control such process by using the control techniques, operating requirements, and equipment described below : (1) Control techniques shall include the following: a. To prevent spillage, either: 1 . A freeboard height that gives a freeboard ratio greater than or equal to 0.75 unless the machine is equipped with a cover that is kept closed except when parts are being placed into or being removed fromthe machine; orAdopted Rule 2-25-05 2 2. A water cover at least 2 .54 centimeter (cm) (1 inch (in)) deep, where the solvent is insoluble in and heavier than water ; b . If a solvent spray is used, the spray nozzle shall be capable of delivering a cohesive fluid stream, rather than a fine, atomized or shower type spray, operated according to (2)f., below ; and c. A permanent, legible, and conspicuous label, summarizing the operating requirements specified in (2), below, affixed to each solvent container or other location where it can be easily seen by the operator; (2) Operating requirements shall be as follows: a. Waste solvent shall be stored only in covered containers; b . The degreaser cover shall be closed whenever parts in the cleaner are not being handled manually; c . Cleaned parts shall be drained for at least 15 seconds or until dripping ceases, whichever is longer; d. Solvent leaks shall be repaired immediately or the degreaser shall be shut down; e. Drafts across the top of each cold cleaning unit shall be minimized; f. Where a solvent spray is used, such spraying shall be: 1 . Operated at a pressure which .does not exceed 10 psig as measured at the pump outlet; and 2. Performed only within the confines of the degreasing unit- . ; g. Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in a cold cleaning machine; h. After March 1, 2007, the owner or operator of a cold cleaning machine shall not use in the machine any solvent with a vapor pressure of 1 .0 millimeters of mercury (mm

Hg) or greater, measured at 20°C (68°F) ; and i . The operator of a cold cleaning machine shall maintain for not less than 2 years and shall provide to the department, on request: 1 . The information specified in (c)(1), below, in the formof an invoice, bill of sale, or certificate that corresponds to a number of sales; and 2. The material safety data sheet (MSDS) as specified in (c)(2), below ; and (3) If the cold cleaning machine can hold more"than 7.5 liters, control equipment shall include the following: a. A tank cover that is easily operated with one hand; andAdopted Rule 2-25-05 3 b. An internally mounted drainage device that operates such that parts to be cleaned are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system

. (b) After March 1, 2006, a person shall not sell or offer for sale for use in a cold cleaning machine in New

Hampshire any solvent with a vapor pressure of 1 .0 mm Hg or greater, measured at 20°C (68°F) . (c) After March 1, 2006, a person who sells or offers for sale any solvent for use in a cold cleaning machine in New Hampshire shall provide, to the purchaser, the following written information: (1) The name and address of the solvent supplier ; and

(2) A MSDS listing the type of solvent, the product or vendor identification number, and the vapor pressure of the solvent measured in nun Hg at 20°C (68°F) . Appendix Provision of the Proposed Rule Specific State and Federal Statutes which the Rule is Intended to Implement Env-A 1204.02(h), 1204.03(co), 1204.43, and RSA 125-C:4, I(a) & (n) ; RSA 125-C:6, II & 1204.44 XVII ; 42 U.S .C. §§7410, 7502(c), & 751 lc