EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL 

PROCEDURAL REQUIREMENTS 

40 CFR Part 51, Appendix V, 2.1(e) 
REQUEST FOR FISCAL IMPACT STATEMENT 
OFFICE 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 : 

Interim rule 

5 . Have the rules expired? 

Date Expired: 

Rule Number 

2. RSA Authority: 

3 . Federal Authority : 

4 . Type of Action: 

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" from Env-A 101 .71 by changing the term to "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 of VOCs 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? 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. 
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 of the 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 of the 

existing rules. The increased costs might result from the 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 of one 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 from this 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 the cost 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 the costs 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 of the state resulting from the 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 of the state. 

There are no costs to the citizens of the state resulting from the proposed rules. Benefits to citizens include 

reduced exposure to the adverse effects of VOC emissions 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 STATEMENT 
LBAO 

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 from the 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 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. 

G. To independently owned businesses: 

See 3. above. 
RULEMAKING NOTICE FILING 
RULEMAKING 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 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 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 from the 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 Implement 

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 1c 
7 . 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/TDD Access : 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 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 from the 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('i 
Added 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 offers for sale any solvent for 

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 vapor form 

for the removal of soils from 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 of one liter (0.26 gallon) or 

less of VOC shall be exempt from Env A 1204.44 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. 

(b) An open top vapor degreaser with an open top area less than 1.0 square meter (mZ) 

(10.8 square feet (ftZ)) shall be exempt from Env-A 1204.45. 

(c) A conveyorized degreaser with an air/solvent interface area less than 2 .0 sEfUafe-Metet~-S 

(mZ} (21 .6 squafe feet ft2)) shall be exempt from Env-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 being placed into or being removed from the 

machine; or 
Added 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 of delivering 

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 of a cold cleaning machine 

shall not use in the machine any solvent with a vapor pressure of I. 0 

millimeters of mercury (mm Hg) or greater, measured at 20°C (68°F); and 

i. The operator of a cold cleaning machine shall mainlain for not less titan 2 

years and shall provide to the department, on request: 

(i) The information specified in paragraph (c)(1), below, in the form of 

an invoice, bill of sale, 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) If the 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 offer for sale for use in a cold 

cleaning machine in New Hampshire any solvent with a vapor pressure of 1.0 min Hg or 

greater, measured at 20°C (68°F). 

(c) On and 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 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 TDD Access : 

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 NN 2004-188 

and Proposed Interim Rules INT 2004-40 through INT 2004-41 -ib . Notices of Proposed Rules and Proposed Interim Rules 1 

2. COMMITTEE (JLCAR) 

Meeting Date(s) : Thursday, December 16, 2004 9:00 a.m. 

Rooms 306/308, Legislative Office Building 

JLCAR MEETING 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 minimum 14-day "deadline" 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 not scheduled 'a continued meeting at this time to address any items 

postponed from the 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, V requires that an agency's 

interim rulemaking 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 interim rule with a 

Register notice will be earlier as listed below. 

*Filing Deadline for Regular Meeting Regular Meeting Continued Meeting 

Interim Rules 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 of Water 

Site Specific Rules. 

2004-187 Env-A 1204.02 Department of Environmental Services 

Division of Air Resources 

Solvent Metal Cleaning. 

2004-188 Env-A 1900 Department of Environmental Services 

Division of Air Resources 

Incinerators . 

Notices of Proposed Interim Rules. 

Interim 

Notice 

Number Rule Number Agency and Short Title of Rule 

(INT 2004-40) . Saf-C 900 Department of Safety, Commissioner 

Motor Carrier Safety Interim Rules. 

(1NT 2004-41) Saf-C 300 Department of Safety, Commissioner 

Interim Various 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), 

1204.43, 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 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 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 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 from the 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 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), & 7511c 
NEW HAMPSHIRE RULEMAKING REGISTER December~3, 2004 Page 4 

NN 2004-187 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 

NH Dept. of Environmental Services 

Place: Room 114 

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 of the proposed rules mariy increase costs to the regulated community as 

. compared 'to the cost of the 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("b of 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 of the 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 FILING 
COVER SHEET FOR FINAL 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 review and delayed Committee review pursuant 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 RSA passage 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 from the 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. 
Item 9 . 

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) A cold cleaning machine that has an operating capacity of one liter (0 .26 gallon) or less 

of VOC shall be exempt from Env-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 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 ft) 

shall be exempt from Env-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, 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 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 form of 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; and 
Item 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 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). 

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 1c 
Item 10. The full text of each RSA passage 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 RSA 541-A, relative to : 

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

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

(b) Primary and secondary ambient air quality standards. 

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

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

RSA 125-C:11, I and RSA 125-C: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 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 :11,1. 

(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 from those 

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 receiving violation complaints and for rules enforcement, as authorized by RSA 125-

C:15, I. 

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

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

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. 
Item 12. 

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 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 Applicability Criteria for Solvent Metal Cleanine. 

(a) A cold cleaning machine that has an operating capacity of one liter (0 .26 gallon) or less 

of VOC shall 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 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 m2 (21 .6 ft2) 

shall be exempt from Env-A 1204.46(a) . 

Env-A 1204.44 Compliance Standards for Cold Cleanin~. 

(a) The owner 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 closed 
Final Proposal #2004-187 -Aimotated Text 2-1-05 2 

except when parts are being placed into or being removed from the 

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. 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: 

(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 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 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 form of 

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; and 
Item 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. A tank 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 RULES 
CAROL J . HOLAHAN 

DIRECTOR 

STATE OF NEW HAMPSHIRE 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, 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/'p j h 

Enc. 

ADMINISTRATION (603) 271-3436 DIRECTOR 

ADMINISTRATIVE 

(603) 271-3432 TDD Access: Relay NH 1-800-735-2964 LEGAL STAFF (603) 271-3435 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 of the 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 " TDD Access : Relay NH 1-800-735-2964 

DES Web site : www.des.nh.gov 
Adopted 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 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 Applicability Criteria for Solvent Metal Cleanin~. 

(a) A cold cleaning machine that has an operating capacity of one liter (0.26 gallon) or less 

of VOC shall 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 from Env-A 1204 .46(a) . 

Env-A 1204.44 Compliance Standards for Cold Cleaniniz . 

(a) The owner 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: 

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 
Adopted 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 form of 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; and 
Adopted 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