J~ FS 

-' W 

Q 

~SED STq~. 

1~lq< PROOG4 

Memorandum 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 1 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Date: July 10, 2012 

Subject: Technical Support Document (TSD) for the New Hampshire Submittals to Fulfill 

the Requirements for 1997 and 2006 PM2.5 National Ambient Air Quality 

Standards Infrastructure Portion of the Clean Air Act Under Section 110(a)(2) 

From : Alison Simcox, Environmental Scientist 

Thru: Anne Arnold, Manager 

Air Quality Planning Unit 

06 

To: Docket for New Hampshire Section 110 PM2.5 Infrastructure Submittals 

(EPA-ROI-OAR-2009-0460 and EPA-ROI-OAR-2011-0324) 

A. INTRODUCTION 

The Environmental Protection Agency (EPA) is taking action on certain submittals made by 

New Hampshire to meet the Clean Air Act (CAA) section 110(a)(2) requirements relating to the 

1997 and the revised 2006 fine particulate matter (PM2,5) national ambient air quality standards 

(NAAQS). This technical support document (TSD) gives EPA's analysis of the New Hampshire 

submissions with respect to section 110(a)(2). 

B. BACKGROUND 

Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), states are required to submit SIPs 

that provide for the implementation, maintenance, and enforcement (the infrastructure) of a new 

or revised NAAQS within three years following the promulgation of the NAAQS. Section 

110(a)(2) lists the specific infrastructure elements that must be incorporated into the SIPs, 

including for example, requirements for emission inventories, prevention of significant 

deterioration (PSD), air pollution control measures, and monitoring that are designed to assure 

attainment and maintenance of the NAAQS. EPA refers to the requirements of sections 

110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the "infrastructure" SIPs. Additionally, EPA 

refers to the requirements of section 110(a)(2)(D)(i) as the "interstate transport" SIPs. EPA 

provided separate guidance to states on each type of SIP, infrastructure and interstate transport, 

and these actions may be on separate tracks and timelines. 

1997 and 2006 PM2,5 NAAQS 
On July 18, 1997, EPA published new NAAQS for PM (62 FR 38652). This included a new 

annual and a new 24-hour NAAQS for particles with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers (denoted PM2.5). The annual PM2.5 standard was set at 15 

micrograms per cubic meter (~Lg/m3) based on a 3-year average of annual mean PM2,5 

concentrations, and the 24-hour PM2.5 standard was set at 65 [tg/m3 based on a 3-year average of 

the 98th percentile of 24-hour concentrations . 

Thus, states were required to submit "infrastructure" SIPs for the 1997 PM2.5 NAAQS to EPA no 

later than June 2000. However, intervening litigation over the 1997 PM2,5 (and 8-hour ozone) 

NAAQS created uncertainty about how to proceed, and many states did not provide the required 

"infrastructure" SIP submissions for these newly promulgated NAAQS. 

On March 4, 2004, Earthjustice submitted a notice of intent to sue related to EPA's failure to 

issue findings of failure to submit related to the infrastructure requirements for the 1997 (and 8-

hour ozone) NAAQS. With regard to the 1997 PM2.5 NAAQS, EPA entered into a consent 

decree with Earthjustice, which required EPA to complete a Federal Register notice announcing 

EPA's determinations pursuant to section 110(k)(1)(B) of the Act as to whether each State had 

made complete submissions to meet the requirements of section 110(a)(2) for the 1997 PM2.5 

NAAQS by October 5, 2008. 

On October 17, 2006, EPA published revised standards for PM (71 FR 61144). For PM2.5, the 

annual standard of 15 ~Lg/m was retained, and the 24-hour standard was revised to 35 pg/m3 . For 

PM 10, the annual standard was revoked, and the 24-hour standard (150 ~Lg/m3) was retained. As 

required by section 110(a)(1) of the CAA, 110(a)(2) ("infrastructure") submittals were due 

within three years of promulgation of the revised 24-hour PM2.5 standard (i .e ., by September 21, 

2009). 

New Hampshire submitted a certification letter for the 1997 PM2,5 standards on April 3, 2008. 

On October 22, 2008, EPA published findings concerning whether states had made the 110(a)(2) 

submissions for the 1997 PM2.5 standards (73 FR 62902) . In the October 2008 action, we found 

that New Hampshire had made a complete submission. 

New Hampshire submitted a certification letter for the 2006 PM2.5 NAAQS on September 18, 

2009. On June 9, 2010, EPA published findings concerning whether states had made the 

110(a)(2) submissions for the 2006 PM2.5 standards (76 FR 55577). In this findings notice, we 

found that New Hampshire had made a complete submission. 

Additional information 

EPA is currently acting upon SIPs that address the infrastructure requirements of CAA section 

110(a)(1) and (2) for ozone and PM2.5 NAAQS for various states across the country. Commenters 

on EPA's recent proposals for some states raised concerns about EPA statements that it was not 

addressing certain substantive issues in the context of acting on those infrastructure SIP 

submissions. Those commenters specifically raised concerns involving provisions in existing 

SIPs and with EPA's statements in other proposals that it would address two issues separately 
and not as part of actions on the infrastructure SIP submissions: (i) existing provisions related to 

excess emissions during periods of start-up, shutdown, or malfunction ("SSM") at sources, that 

may be contrary to the CAA and EPA's policies addressing such excess emissions; and (ii) 

existing provisions related to "director's variance" or "director's discretion" that purport to permit 

revisions to SIP-approved emissions limits with limited public process or without requiring 

further approval by EPA, that may be contrary to the CAA. EPA notes that there are two other 

substantive issues for which EPA stated in other proposals that it would address the issues 

separately: (i) existing provisions for minor-source new source review ("minor source NSR") 

programs that may be inconsistent with the requirements of the CAA and EPA's regulations that 

pertain to such programs ; and (ii) existing provisions for Prevention of Significant Deterioration 

(PSD) programs that may be inconsistent with current requirements of EPA's "Final NSR 

Improvement Rule," 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 

2007) ("NSR Reform"). 

As noted above, for the 1997 PM2,5 (and also for 1997 8-hour ozone) NAAQS, states must 

provide a SIP submission, or provide a certification that addresses sections 110(a)(2)(A) through 

(M), with the exception of the portion of 110(a)(2)(C) pertaining to a permit program in Part D 

Title I of the CAA, 3 or 4 prongs of (D)(i), and 110(a)(2)(I) (nonattainment area plan under Part 

D) . 

The four prongs of 110(a)(2)(D)(i) refer to EPA's subdivision of (D)(i) into four "interstate 

transport prongs," two under 110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(II) . The two 

prongs under 110(a)(2)(D)(i)(l) are : (prong 1) contribute significantly to nonattainment in any 

other state with respect to any such national primary or secondary NAAQS, and (prong 2) 

interfere with maintenance by any other state with respect to the same NAAQS. The two prongs 

under 110(a)(2)(D)(i)(II) are (prong 3) interfere with measures required to be included in the 

applicable implementation plan for any other state under part C to prevent significant 

deterioration (PSD) of air quality or (prong 4) to protect visibility . 

To help states meet this statutory requirement, EPA issued guidance on October 2, 2007 entitled 

"Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour 

Ozone and PMZ,S National Ambient Air Quality Standards," which listed the basic elements that 

states must include in their 110(a) SIPs. 

On September 25, 2009, EPA issued an updated guidance document entitled Guidance on SIP 

Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards (NAAQS), which clarifies expectations for certain 

elements to meet the requirements of sections 110(a)(1) and (2) of the CAA for both the 1997 

and 2006 PM2,5 NAAQS. Specifically, guidance is provided for satisfying the section 

110(a)(2)(D) requirements for the 2006 PM2,5 NAAQS, as well as guidance for satisfying the 

section 110(a)(2)(G) requirements that addresses both the 1997 and 2006 PM2,5 NAAQS. 

C. STATE SUBMITTALS 
Pursuant to the October 2, 2007 EPA guidance for addressing the SIP infrastructure elements 

required under sections 110(a)(1) and (2), there are 14 components that must be included in the 

SIPs that New Hampshire submitted for the 1997 and 2006 PMz.s NAAQS. These are as follows: 

Section 110(a)(2)(A) Emission limits and other control measures. 

Section 110(a)(2)(B) Ambient air quality monitoring/data system. 

Section 110(a)(2)(C) Program for enforcement of control measures. 

Section 110(a)(2)(D) Interstate transport. 

Section 110(a)(2)(E) Adequate resources . 

Section 110(a)(2)(F) Stationary source monitoring system. 

Section 110(a)(2)(G) Emergency power. 

Section 110(a)(2)(H) Future SIP revisions. 

Section 110(a)(2)(J) Consultation with government officials. 

Section 110(a)(2)(J) Public notification . 

Section 110(a)(2)(J) Prevention of significant deterioration (PSD) and visibility protection. 

Section 110(a)(2)(K) Air quality modeling/submission of such data. 

Section 110(a)(2)(L) Permitting fees . 

Section 110(a)(2)(M) Consultation/participation by affected local entities . 

As noted above, New Hampshire provided a submittal dated April 3, 2008 to satisfy the 

requirements of section 110(a)(2) of the CAA for the 1997 PM2.5 NAAQS, and a submittal dated 

September 18, 2009 for the 2006 PM2,5 NAAQS. 

We are proposing to approve the submittals from New Hampshire as fully meeting the 

infrastructure requirements for the 1997 and 2006 PM2,5 standards for the following 110(a)(2) 

elements : section 110(a)(2)(B), (C) (enforcement program), prongs 1 and 2 of (D)(i), (D)(ii), 

(E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), (K), (L), and (M). 

We are proposing to conditionally approve the submittals from New Hampshire for the following 

110(a)(2) elements: 110(a)(2)(A) and E(ii) (state boards and conflict of interest provisions), as 

well as (C), prong 3 of (D)(i), and (J) as they relate to the state's PSD programs. 

In this action for New Hampshire, as further described under "Evaluation of State Submittals," 

we are addressing prongs 1, 2 and 3 of 110(a)(2)(D)(i). EPA has previously decided that it can 

take action on different parts of an infrastructure SIP for a given NAAQS without taking 

concurrent action on all subsections . This is the case with section 110(a)(2)(D)(i) . EPA is 

working with states to address each of the four prongs of section 110(a)(2)(D)(i) with 

administrative actions proceeding on different tracks with different schedules. 
For elements that are conditionally approved, New Hampshire will have one year from final 

rulemaking to remedy the deficiencies described below under "Evaluation of State Submittals ." 

If the state remedies the deficiencies prior to the one-year deadline, EPA will publish a 

rulemaking to convert the conditional approvals to approvals. If the state does not remedy the 

deficiencies within the allowed one-year period, the conditional approvals will become 

disapprovals . 

D. EVALUATION OF STATE SUBMITTALS 

As noted above, New Hampshire provided submittals for the 1997 and 2006 PM2,5 NAAQS. 

However, the demonstrations submitted by the State for how it is meeting many of the section 

110(a)(2) elements are substantively identical for both of the PM2,5 NAAQS. Therefore, unless 

otherwise noted, the following evaluation of each element pertains to both standards. 

1 . Section 110(a)(2)(A) : Emission limits and other control measures: 

This requires SIPs to include enforceable emission limits and other control measures, means or 

techniques, schedules for compliance and other related matters. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 21-0 Department of Environmental Services and RSA 125-C Air Pollution Control. 

Powers of the Commissioner. Regulations. Fees. General Permits. 

New Hampshire Code of Administrative Rules, Department of Environmental Services 

(Env-A 100 - 4300): The following chapters and parts have general and specific applicability to 

sources of particulate matter emissions, including NOx, S02, and VOCs as precursors to 

particulate matter : 

CHAPTER Env-A 300 Ambient Air Quality Standards, eff. 2-28-04 

- Part Env-A 303 Primary and Secondary Ambient Air Quality Standards for Particulate Matter 

- Part Env-A 304 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide 

- Part Env-A 306 Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide 

CHAPTER Env-A 400 Acid Deposition Control Program, eff. 12-22-04 

CHAPTER Env-A 500 Standards Applicable to Certain New or Modified Facilities and 

Sources of Hazardous Air Pollutants, ef£ 4-5-02, 12-31-05, and 6-23-09 

- Part Env-A 503 New Source Performance Standards 

CHAPTER Env-A 600 Statewide Permit System, eff. 4-26-03, 7-28-04, 6-8-06,4-3-08, and 4-

22-09 

- Part Env-A 606 Air Pollution Dispersion Modeling Impact Analysis Requirements 
- Part Env-A 618 (formerly Env-A 622) Additional Requirements in Non-Attainment Areas and 

the New Hampshire Portion of the Northeast Ozone Transport Region 

- Part Env-A 619 (formerly Env-A 623) Prevention of Significant Deterioration (PSD) of Air 

Quality Permit Requirements 

CHAPTER Env-A 700 Permit Fee System, ef£ 4-26-03 and 6-26-04 

- Part Env-A 702 Application Review and Modeling Fees 

- Part Env-A 703 Permit Review Fees 

- Part Env-A 704 Testing and Monitoring Fees for Temporary Permits 

- Part Env-A 705 Emission-Based Fee 

CHAPTER Env-A 800 Testing And Monitoring Procedures, eff. 10-31-02, 12-22-04, 4-27-

07, and 4-22-09 

- Part Env-A 802 Compliance Stack Testing for Stationary Sources 

- Part Env-A 803 NOx RACT Testing Requirements 

- Part Env-A 804 Volatile Organic Compound Testing 

- Part Env-A 805 Capture Efficiency [for VOCs] 

- Part Env-A 806 Sulfur Content Testing of Fuels 

- Part Env-A 807 Testing for Opacity of Emissions 

- Part Env-A 808 Continuous Emission Monitoring 

- Part Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 1000 Prevention, Abatement, and Control of Open Source Air Pollution, 

eff. 3-12-03, and 8-23-08 

- Part Env-A 1001 Open Burning 

- Part Env-A 1002 Fugitive Dust 

- Part Env-A 1003 Firefighter Instruction and Training Activities 

CHAPTER Env-A 1100 Prevention, Abatement, and Control of Mobile Source Air 

Pollution, eff. 3-26-05 

- Part Env-A 1101 Diesel And Gasoline-Powered Motor Vehicles 

CHAPTER Env-A 1200 Prevention, Abatement, and Control of Stationary Source Air 

Pollution, ef£ 8-27-98, 10-31-02, 12-31-02, 12-22-04, 2-26-05, and 4-3-08 

- Part Env-A 1204 Stationary Sources of Volatile Organic Compounds (VOCs) 

- Part Env-A 1211 Nitrogen Oxides (NOx) 

CHAPTER Env-A 1600 Fuel Specifications (formerly incorporated into CHAPTER Env-A 

400), ef£ 5-29-97, 5-2-02, 4-23-05, and 4-27-07 

- Parts Env-A 1604 thru 1606 Sulfur Content Limitations for Fuels 

- Part Env-A 1607 Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel 

- Part Env-A 1610 Compliance 

- Part Env-A 1611 Oxygen-Flexible Reformulated Gasoline 

CHAPTER Env-A 1900 Incinerators and Wood Waste Burners (formerly Part Env-A 

1201), eff. 2-26-05 
- Part Env-A 1903 Visible Emission Standard for Incinerators and Wood Waste Burners 

- Part Env-A 1904 Particulate Matter Emission Standards for Incinerators and Wood Waste 

Burners 

CHAPTER Env-A 2000 Fuel Burning Devices (formerly Part Env-A 1202), eff. 4-23-05 

- Subparts Env-A 2002.01 thru 2002.05 Visible Emission Standards for Fuel Burning Devices 

and Opacity Standard for Fuel Burning Devices Subject to 40 CFR 60 

- Subparts Env-A 2002.06 thru 2002.10 Particulate Emission Standards for Fuel Burning 

Devices 

CHAPTER Env-A 2100 Particulate Matter and Visible Emissions Standards (formerly Part 

Env-A 1203), eff. 11-24-04 

CHAPTER Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters and Investment 

Casting Industries (formerly Part Env-A 1205), ef£ 11-24-04 

CHAPTER Env-A 2500 Pulp and Paper Industry: Particulate Matter and Visible 

Emissions Standards (formerly Part Env-A 1206), eff. 11-24-04 

CHAPTER Env-A 2600 Pulp and Paper Industry: Total Reduced Sulfur Emissions From 

Kraft Mills, eff. 12-9-04 

CHAPTER Env-A 2700 Hot Mix Asphalt Plants (formerly Part Env-A 1207), eff. 11-24-04 

CHAPTER Env-A 2800 Sand and Gravel Sources, and Cement and Concrete Sources 

(formerly Part Env-A 1208), eff. 11-24-04 

CHAPTER Env-A 2900 Multiple Pollutant Annual Budget Trading and Banking Program, 

ef£ 5-13-03 

CHAPTER Env-A 3000 Emissions Reduction Credits Trading Program, eff. 1-21-97 

CHAPTER Env-A 3100 Discrete Emissions Reduction Trading Program, ef£ 1-21-97 

CHAPTER Env-A 3200 NOx Budget Trading Program, eff. 4-1-00 and 11-2-07 

CHAPTER Env-A 3300 Municipal Waste Combustion, eff. 2-2-08 

CHAPTER Env-A 3400 Commercial and Industrial Solid Waste Incinerators, ef£ 5-2-02 

CHAPTER Env-A 3500 Hospital/MedicaVInfectious Waste Incineration, eff. 1-5-07 

CHAPTER Env-A 3600 National Low Emission Vehicle (National LEV) Program, eff. 7-

22-09 

CHAPTER Env-A 3700 NOx Emissions Reduction Fund for NOx-Emitting Generation 
Sources, ef£ 12-20-01 and 3-26-05 

CHAPTER Env-A 4000 Portable Fuel Container Spillage Control, eff. 1-9-08 

CHAPTER Env-A 4100 Consumer Products, eff. 9-24-05 

CHAPTER Env-A 4200 Architectural and Industrial Maintenance Coatings, eff. 7-27-06 

CHAPTER Env-A 4300 Other Solid Waste Incineration, ef£ 1-5-07 

New Hampshire Code of Administrative Rules, Department of Safety (Saf-C 100 - 6700): 

The following chapters and parts have applicability to vehicular sources of particulate matter 

emissions, including NOx, S02, and VOCs as precursors to particulate matter : 

CHAPTER Saf-C 3200 Official Motor Vehicle Inspection Requirements, eff. 6-22-07 and 6-

20-08, provides for the inspection of passenger cars, trucks, combination vehicles, trailers and 

semi-trailers, motorcycles, farm and agricultural vehicles, antique vehicles and motorcycles, 

recreation vehicles, street rods, and homemade vehicles . 

Part Saf-C 3220 Emissions Requirements: The following subparts provide for inspection of 

motor vehicle components: - Saf-C 3220.01 Positive Crankcase Ventilation (PCV) 

- Saf-C 3220.02 Air Injection Pump/Pulse Air System 

- Saf-C 3220.03 Inspection of Fuel System 

- Saf-C 3220.04 Evaporative Canister 

- Saf-C 3220.05 Inspection of Exhaust System 

- Saf-C 3220.06 Replacement Parts 

CHAPTER Saf-C 5800 Roadside Diesel Opacity Inspection, eff. 1-1-99, implements a 

roadside heavy-duty diesel emissions testing program mandated by the New Hampshire 

Legislature as part 1998 NH Laws 207. The law was passed pursuant to the state's agreement 

with the Federal Environmental Protection Agency on an overall clean air strategy under the 

provisions of the federal Clean Air Act Amendments of 1990. The rules apply to all diesel 

powered motor vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or 

more and all diesel-powered buses manufactured to carry 25 or more passengers, whether these 

vehicles are registered in New Hampshire or another jurisdiction . 

EPA analysis : Section 110(a)(2)(A) requires that all emission limits, control measures and other 

related matters in the SIP be enforceable. Many of the Env-A regulations listed above have been 

approved by EPA, and New Hampshire has submitted others, including revisions to previously 

approved regulations, to EPA for approval (Env-A 400-600, 1000, 1500, 1600, 1900-2100, 2400-

2800). (See Appendix - note that some regulations have changed numbers.) However, the 

current SIP-approved Env-A 300 (Ambient Air Quality Standards) does not reflect the most 

recent annual and 24-hour PM NAAQS. In March/April 2012, New Hampshire proposed the 

necessary revisions to Env-A 300, and has submitted a letter dated June 29, 2012, committing to 

adopt and submit the necessary regulation revisions to EPA by a date that is no later than one 

year from conditional approval of New Hampshire's PM2,5 infrastructure submissions. We 
propose to conditionally approve New Hampshire's 110(a) submissions for infrastructure 

element 110(a)(2)(A) . 

2. Section 110(a)(2)(B) : Ambient air quality monitoring/data system 

This requires SIPs to include provisions to provide for establishment and operation of ambient 

air quality monitors, collecting and analyzing ambient air quality data, and making these data 

available to EPA upon request. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

40 CFR Part 58 Ambient Air Quality Surveillance : 

New Hampshire's 2009 Air Monitoring Network Plan, submitted to meet the requirements of 

this part, received approval from EPA on August 31, 2009. NHDES collects and reports ambient 

air quality data for 03, S02, NOZ, Pb, CO, PMIo and PM2.5 . The data are reviewed and validated 

before being sent to the EPA air quality system AQS, no later than 90 days after the end of a 

calendar quarter. 

[The most recent plan for New Hampshire, the 2011 Annual Air Monitoring Network Plan, was 

submitted on August 12, 2011 and was approved on September 2, 2011 .] 

RSA 125-C :6 Powers and Duties of the Commissioner: 

- RSA 125-C:6, IV authorizes the Commissioner to collect and disseminate the results of studies 

relating to air quality. 

- RSA 125-C:6, V authorizes the Commissioner to consult and cooperate with agencies of the 

federal government. 

RSA 125-C:6, XVI authorizes the Commissioner to establish an air quality monitoring 

equipment replacement program to provide for sufficient annual replacement to meet federal 

Environmental Protection Agency guidelines and to assure the reliability and accuracy of the 

network equipment. 

EPA analysis : New Hampshire meets the requirements to establish, operate, and maintain an 

ambient air monitoring network, collect and analyze the monitoring data, and make the data 

available to EPA upon request. We conclude that New Hampshire's infrastructure SIPs for the 

1997 and 2006 PM2.5 NAAQS meet the requirements of section 110(a)(2)(B) . 

3. Section 110(a)(2)(C) : Programs for Enforcement, PSD, and NSR 

This requires states to have a plan that includes a program providing for enforcement of all SIP 

measures and the regulation of modification and construction of any stationary source within the 
10 

areas covered by the plan as necessary to assure that NAAQS are achieved, including a program 

to meet PSD and nonattainment New Source Review (NSR) requirements. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

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

- RSA 125-C:4, I authorizes rulemaking to control emissions and establish a permit program. 

RSA 125-C:11 Permit Required provides for a permit program, permits with enforceable 

emission limits, and emission control measures. 

RSA 125-C :15 Enforcement: 

- RSA 125-C :15, I authorizes NHDES to issue orders to correct violations RSA 125-C. 

- RSA 125-C :15, I-b, II, III and IV provide for penalties for violations of RSA 125-C. 

These statutes establish legal authority for the enforcement of New Hampshire Rules Governing 

the Control of Air Pollution (Env-A 100 - 4300). 

EPA analysis : 

New Hampshire has legal authority under RSA 125-C :15 to enforce the state's air-pollution 

regulations, which include SIP-approved regulations necessary to assure that NAAQS are 

achieved, including PSD and NSR programs. 

NSR and PSD permitting: 

As discussed previously, we are not evaluating nonattainment-related provisions, such as the 

nonattainment NSR program required by part D in 110(a)(2)(C) and measures for attainment 

required by section 110(a)(2)(I), as part of the infrastructure SIPs for the 1997 and 2006 PM2,5 

NAAQS because these submittals are required beyond the date (3 years from NAAQS 

promulgation) that section 110 infrastructure submittals are required. 

PSD programs apply in areas that are meeting the NAAQS or are unclassifiable (referred 

to as areas in attainment) . PSD applies to new major sources and major modifications at existing 

sources. 

New Hampshire's NSR program is established in RSA 125-C:11 (Air Pollution Control/Permit 

Required), RSA 125-C:12 (Air Pollution Control/Administrative Requirements), and RSA 125-

C:13 (Air Pollution Control/Criteria for Denial ; Suspension or Revocation; Modification). 

New Hampshire's PSD provisions for air-quality permits are established in Env-A 619. The most 

recent version of the state's Statewide Permit System (Env-A 600) was approved into the NH 

SIP on February 6, 2012 (77 FR 5700). New Hampshire has authority to issue PSD permits and 

enforce them under its approved PSD SIP. 

Major Source PM2.5 PSD rules 
11 

On May 16, 2008, EPA promulgated the final "Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PMZ.5)" (73 FR 28321) . That 

action established NSR applicability for PM2.5 precursor pollutants, established major source 

thresholds and significant emissions rates for PM2.5 and its precursors, and laid out a road map 

for states to use in transitioning to addressing condensable particulate matter. New Hampshire is 

in the process of adopting rules to meet its obligations for PSD under the May 16, 2008 PM2.5 

rule . Following adoption of these rules, the State will submit a SIP revision to EPA for approval. 

On October 20, 2010, EPA promulgated the final "Prevention of Significant Deterioration (PSD) 

for Particulate Matter Less Than 2.5 Micrometers (PM2,5)-Increments, Significant Impact 

Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864). That action 

amended the requirements for PM2.5 under the PSD program by adding maximum allowable 

increases in ambient pollutant concentrations ("increments") and two screening tools, known as 

the Significant Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for 

PM2,5. The SILs for PM2.5 were also added to two other NSR rules that regulate the construction 

and modification of any major stationary source located in an attainment or unclassifiable area, 

where the source's emissions may cause or contribute to a violation of the NAAQS. In this final 

rule, states were required to submit revised SIPs to EPA for approval by July 20, 2012 . Although 

New Hampshire will not meet this deadline, the State is in the process of adopting rules to meet 

its obligations for PSD under the October 20, 2010 PM2.5 rule . Following adoption of these rules, 

the State will submit a SIP revision to EPA for approval. 

Furthermore, New Hampshire presently implements PSD through an incorporation by reference 

(IBR) of a pre-2006 version of 40 CFR 52 .21 . Since New Hampshire law does not permit 

prospective incorporation by reference, we understand the New Hampshire regulation's IBR of 

40 CFR 52.21(d) (prohibiting sources from exceeding NAAQS) to refer to the NAAQS as they 

existed on the date of New Hampshire's IBR. Therefore, New Hampshire's PSD program does 

not properly implement the basic requirement of ensuring that new sources do not cause a 

NAAQS exceedance for the 2006 PM2.5 NAAQS. New Hampshire is presently in the process of 

revising its regulations to IBR a more up-to-date version of 40 CFR 52.21 . 

Since New Hampshire has not yet completed the rulemaking discussed in the preceding three 

paragraphs, the New Hampshire 110(a) submittals are not fully approvable with respect to CAA 

section 110(a)(2)(C), (D)(i)(11), and (J) for the 1997 and 2006 PM2.5 NAAQS at this time. 

All these sections relate to New Hampshire's PSD permit program. However, New Hampshire is 

making progress and, on June 28, 2012, New Hampshire submitted a letter to EPA committing to 

adopt and submit the necessary regulation revisions to EPA by a date no later than one year from 

conditional approval of New Hampshire's PM2.5 infrastructure submissions. Therefore, we are 

proposing to conditionally approve infrastructure elements 110(a)(2)(C) [also (D)(i)(II) and (J)] 

as it relates to the state's need to have a PSD program that meets all federal requirements . 

Minor Source Permitting : 
12 

In this action, EPA is proposing to approve New Hampshire's Infrastructure SIP for the 1997 and 

2006 PM2.5 standards with respect to the general requirement in section 110(a)(2)(C) to include a 

program in the SIP that regulates the modification and construction of any stationary source 

necessary to assure that the NAAQS are achieved. EPA did not reevaluate New Hampshire's 

minor source program at this time, and therefore, is not proposing to approve or disapprove the 

New Hampshire existing minor NSR SIP program itself to the extent that it may be inconsistent 

with EPA's regulations governing this program. EPA maintains that the CAA does not require 

that infrastructure SIPs address existing provisions concerning minor NSR programs. We 

articulated our position in a number of infrastructure SIP final actions taken in 2011, noting in 

the preambles for those actions that existing provisions for minor source new source review 

programs may be dealt with separately, outside the context of acting on the infrastructure SIP 

submission of a state. 

Greenhouse Gas (GHG) PSD Permitting: 

On June 3, 2010, EPA promulgated the final "Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule" (75 FR 31514). This rule, known as "the Tailoring Rule" 

established thresholds that phase in the applicability of PSD requirements to GHG sources, 

starting with the largest GHG emitters, and was designed to relieve the overwhelming 

administrative burdens and costs associated with the dramatic increase in permitting burden that 

would have resulted from applying PSD requirements to GHG emission increases at or above the 

mass-based statutory thresholds of 100 or 250 tons per year generally applicable to all PSDregulated pollutants starting on January 2, 2011 . However, EPA recognized that even after it 

finalized the Tailoring Rule, many SIPs with approved PSD programs would, until they were 

revised, continue to apply PSD at the statutory thresholds, even though the states would not have 

sufficient resources to implement the PSD program at those levels . 

Consequently, on December 30, 2010, EPA promulgated the final "Limitation of Approval of 

Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans" (75 FR 82536), which narrowed EPA's approval of 

previously approved SIPs that apply PSD to GHG emissions increases from sources emitting 

GHGs below the Tailoring Rule thresholds . The rule allowed EPA to withdraw its previous 

approvals of State programs to the extent that the SIPs applied PSD to increases in GHG 

emissions from GHG-emitting sources below the Tailoring Rule thresholds. Portions of the PSD 

programs regulating GHGs from GHG-emitting sources with emission increases at or above the 

Tailoring Rule thresholds remained approved. The effect of EPA narrowing its approval in this 

manner is that the provisions of previously approved SIPs that apply PSD to GHG emissions 

increases from sources emitting GHGs below the Tailoring Rule thresholds have the status of 

having been submitted by the State but not yet acted upon by EPA. 

New Hampshire has an approved PSD SIP that provides the State authority to issue PSD permits 

governing GHG and sets GHG permitting applicability at the Tailoring Rule thresholds. This 

PSD SIP was approved by EPA on February 6, 2012 (77 FR 5700). This PSD program is able to 

take advantage of the Tailoring Rule thresholds for PSD applicability by relying on the GHG 

PSD Narrowing Rule. 
13 

EPA concludes that New Hampshire has SIP-approved regulations that include programs for 

enforcement, source monitoring, source testing and test methods, and recordkeeping and 

reporting (see Appendix). However, EPA is proposing to make a determination that the New 

Hampshire 11 0(a) submittals for the 1997 and 2006 PM2.5 NAAQS do not meet the portions of 

CAA section 110(a)(2)(C) which relate to the state's need to have a federally enforceable PSD 

program that meets requirements of the two major source PM2,5 PSD rules discussed above, 73 

FR 28321 and 75 FR 64864. Therefore, we are proposing to conditionally approve infrastructure 

elements 110(a)(2)(C) . (As discussed below, we are also proposing to conditionally approve two 

related elements, (D)(i)(II) and (J) .) 

4. Section 110(a)(2)(D) : Interstate transport and Interstate and International pollution 

abatement 

Section 110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii) . In 

addition, EPA has subdivided Section 110(a)(2)(D)(i) into four "prongs," two under 

110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(11) . The two prongs under 110(a)(2)(D)(i)(I) are 

(prong 1) contribute significantly to nonattainment in any other State with respect to any such 

national primary or secondary NAAQS, and (prong 2) interfere with maintenance by any other 

State with respect to the same NAAQS. The second two prongs under 110(a)(2)(D)(i)(II) are 

(prong 3) interfere with measures required to be included in the applicable implementation plan 

for any other State under part C to prevent significant deterioration of air quality or (prong 4) to 

protect visibility . 

Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, and requires 

SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to 

interstate and international pollution abatement. 

Herein, we are addressing prongs 1 and 2 of 110(a)(2)(D)(i)(I) and prong 3 of 110(a)(2)(D)(i)(II) 

as well as section 110(a)(2)(D)(ii) for New Hampshire's 110(a) submissions for the 1997 and 

2006 PM2,5 NAAQS. EPA has previously decided that it can take action on different parts of an 

infrastructure SIP for a given NAAQS without taking concurrent action on all subsections. This 

is the case with section 110(a)(2)(D)(i). EPA is working with states to address each of the four 

prongs of section 110(a)(2)(D)(i) with substantive administrative actions proceeding on different 

tracks with different schedules . 

NH DES's response to this requirement (PSD and Visibility only) : The State listed the 

following provisions to meet this element: 

RSA 125-C:6. XV and Part Env-A 619 address the prevention of significant deterioration 

(PSD) of ambient air quality in relation to interstate transport of pollutants and protection of air 

quality in Class I international parks - see program description for CAA section 110(a)(2)(J) . 

EPA Analysis : 
14 

Regarding 110(a)(2)(D)(i) , we are herein addressing prongs 1, 2 and 3 of 110(a)(2)(D)(i) for the 

2006 PM2.5 NAAQS. We have already taken some actions on interstate transport SIPs for the 

1997 PM2.5 NAAQS in separate rulemakings. EPA has also taken separate action on prong 4 of 

110(a)(2)(D)(i) that pertains to visibility . New Hampshire submitted a Regional Haze SIP to 

EPA on January 29, 2010, with supplemental submittals on January 14, 2011, and August 26, 

2011, that addresses regional haze for the first planning period from 2008 through 2018. On 

February 28, 2012 (77 FR 11809) EPA proposed approval of New Hampshire's Regional Haze 

SIP . EPA is required by consent decree to take final action by July 13, 2012. 

On July 3, 2012, New Hampshire submitted a letter to EPA certifying that it is not contributing 

significantly to nonattainment or interfering with maintenance of the 1997 or 2006 PM2.5 

NAAQS in any other state. EPA agrees and has conducted modeling for the Clean Air Interstate 

Rule (CAIR) (70 FR 25162) and for the Cross State Air Pollution Rule (CSAPR) (76 FR 48208) 

that shows that New Hampshire does not contribute to nonattainment or interfere with 

maintenance in any other state . Therefore, we are proposing to approve New Hampshire's 

submissions with respect to prongs 1 and 2 of 110(a)(2)(D)(i) . 

In regard to 110(a)(2)(D)(i)(II), we are proposing action herein on the requirement that pertains 

to preventing sources in New Hampshire from emitting pollutants that will interfere with 

measures required to prevent significant deterioration of air quality in other states for the 2006 

PM2,5 standard (i .e ., prong 3 of 110(a)(2)(D)(i)) . On August 15, 2006, EPA issued guidance 

entitled "Guidance for State Implementation Plan (SIP) Submissions to Meet Current 

Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour Ozone and PM2,5 National 

Ambient Air Quality Standards." The 2006 guidance states that the PSD permitting program is 

the primary measure that each State must include to prevent interference with other state's 

programs to prevent significant deterioration of air quality in accordance with section 

110(a)(2)(D)(i)(II) . 

As discussed under (3) of this TSD on section 110(a)(2)(C), the state's SIP-approved PSD 

program does not yet meet requirements of the most recent federal PSD rules for implementing 

the PM2,5 NAAQS. Therefore, we are proposing to conditionally approve prong 3 of 

110(a)(2)(D)(i) in New Hampshire's 110(a) submittal for the 1997 and 2006 PM2,5 NAAQS. 

Although we are not proposing action herein on the fourth and final prong of 110(a)(2)(D)(i) 

(protect visibility), we note that EPA proposed approval of New Hampshire's Regional Haze SIP 

on February 28, 2012 (77 FR 11809) and expects to take final action by July 13, 2012. 

Regarding Section 110(a)(2)(D)(ii), which relates to interstate and international pollution 

abatement, New Hampshire is required to give notice of draft PSD permits that meet the 

requirements in our regulations. In the currently approved SIP, former Env-A 205 .03 provides 

that New Hampshire specifically defers to 40 CFR Part 52 for the process by which PSD permits 

are issued. Env-A 205 .03 . 40 CFR Part 52 effectively incorporates the requirements of 40 CFR 

Part 124 - which include affected state notice . 40 CFR 124.10(c)(1)(iii), (vii) & (x). (New 

Hampshire's current notice regulation for PSD permits, Env-A 621 .03-04, does not IBR 40 CR 

Part 52. Since the approved SIP's notice regulation is adequate, we are not presently reviewing 
15 

the revised regulation.) The State also has no pending obligations under section 115 or 126(b) of 

the Act. 

5. Section 110(a)(2)(E) : Adequate resources 

Section 110(a)(2)(E) requires states to provide (i) necessary assurances that the State will have 

adequate personnel, funding, and authority under State law to carry out the SIP (and is not 

prohibited by any provision of Federal or State law from carrying out the SIP or portion thereof), 

(ii) requires that the State comply with the requirements respecting State boards under section 

128, and (iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any SIP provision, the State 

has responsibility for ensuring adequate implementation of such SIP provision. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 125-C :6 authorizes the NHDES Commissioner to enforce the state's air laws, establish a 

permit program, accept and administer grants, and exercise all incidental powers necessary to 

carry out the law. 

RSA 125-C :12 authorizes the Commissioner to collect fees to recover the costs of reviewing and 

acting upon permit applications and enforcing the terms of permits issued . 

RSA 21-0:11 establishes the NH Air Resources Council, a State board that has the authority to 

hear enforcement and permit appeals. The Council consists of 11 members, 6 of whom must 

represent the public interest. 

The State of New Hampshire Air Quality Implementation Plan, originally submitted 

January 27, 1972, with numerous amendments, describes the (A) existing organizations; (B) 

Manpower; (C) Funding; (D) Physical Resources and (E) Local Agencies. (The State of New 

Hampshire does not rely on any local or regional government, agency, or instrumentality for the 

implementation of any SIP provision). 

[added to SIP for 2006 PM2,5 NAAQS: RSA 125-S Motor Vehicle Air Pollution Abatement 

Fund establishes a fund to be used for costs incurred by NHDES in the prevention and 

abatement of on-road motor vehicle emissions. Funding is provided through a transfer of fees 

collected for motor vehicle inspection stickers .] 

EPA analysis: 

New Hampshire's SIP meets the requirements of section 110(a)(2)(E)(i) for the 1997 and 2006 

PM2,5 NAAQS. RSA 125-C :6 provides adequate authority for the State of New Hampshire to 

carry out its SIP obligations with respect to the 1997 and 2006 PMz,5 NAAQS. The State 

receives sections 103 and 105 grant funds through its Performance Partnership Grant along with 

required State matching funds to provide funding necessary to carry out New Hampshire's SIP 
16 

requirements . In this action, EPA proposes to find that New Hampshire's resources meet the 

requirements of CAA section 110(a)(2)(E)(i). 

With regard to section 110(a)(2)(E)(ii), New Hampshire has a board, called the NH Air 

Resources Council, that approves permits or enforcement orders under the CAA. Congress added 

section 128 in the 1977 amendments as the result of a conference agreement. Titled "State 

boards," section 128 provides in relevant part: (a) Not later than the date one year after August 

7, 1977, each applicable implementation plan shall contain requirements that- 

(1) Any board or body which approves permits or enforcement orders under [this Act] shall have 

at least a majority of members who represent the public interest and do not derive any significant 

portion of their income from persons subject to permits or enforcement orders under [this Act], 

and (2) Any potential conflicts of interest by members of such board or body or the head of an 

executive agency with similar powers be adequately disclosed. 

We note three relevant considerations for implementing section 128. 

First, section 128 must be implemented through SIP-approved, federally enforceable provisions. 

Second, subsection 128(a)(1) applies only to states that have a board or body that is composed of 

multiple individuals and that, among its duties, approves permits or enforcement orders under the 

CAA. It does not apply in states that have no such multi-member board or body, and where 

instead a single head of an agency approves permits or enforcement orders under the CAA. 

Third, subsection 128(a)(2), which requires that SIPs contain adequate provisions for disclosure 

of potential conflicts of interest, applies to all states, regardless of whether the State has a multimember board or body that approves permits or enforcement orders under the CAA. 

New Hampshire currently has a multi-member board or body, called the NH Air Resources 

Council, that approves permits or enforcement orders under the CAA. Thus, New Hampshire 

currently is subject to the requirements of subsection 128(a)(1), as well as to the requirements of 

section 128(a)(2). However, although the state has conflict-of-interest provisions in its general 

statutes, they have not been approved by EPA into the New Hampshire SIP. 

In a letter dated June 29, 2012, New Hampshire submitted its statute addressing conflict of 

interest for SIP approval. EPA has not yet acted on this submittal . Therefore, we are proposing 

to conditionally approve the infrastructure submittals for New Hampshire with respect to section 

110(a)(2)(E)(ii) . 

Finally, with respect to section 110(a)(2)(E)(iii), New Hampshire has not assigned responsibility 

for carrying out portions of the SIP to any local government, agency, or other instrumentality . 

New Hampshire's SIP therefore meets the requirements for this element. 

6. Section 110(a)(2)(F) : Stationary source monitoring system 

This requires states to establish a system to monitor emissions from stationary sources and to 

submit periodic emission reports. 
17 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 125-C:6 authorizes the Commissioner to require owners or operators of stationary sources 

to install, maintain, and use emission monitoring devices and to make periodic reports to the 

Commissioner on the nature and amounts of emissions from such stationary sources. The 

Commissioner shall have the authority to make such data available to the public and as 

correlated with any applicable emission standards. 

CHAPTER Env-A 800 Testing and Monitoring Procedures establishes minimum testing and 

monitoring procedures, calculation procedures, standards, and requirements in order to determine 

compliance with applicable State and Federal statutes and rules. This chapter includes the 

following parts : 

PART Env-A 802 Compliance Stack Testing for Stationary Sources 

PART Env-A 803 NOx Reasonably Available Control Technology (RACT) Testing 

Procedures 

PART Env-A 804 Volatile Organic Compound Testing 

PART Env-A 805 Capture Efficiency 

PART Env-A 806 Sulfur Content Testing of Fuels 

PART Env-A 807 Testing for Opacity of Emissions 

PART Env-A 808 Continuous Emission Monitoring 

PART Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 900 Owner or Operator Recordkeeping and Reporting Obligations 

establishes the requirement that records be kept at sources which discharge air pollutants so that 

the emissions of such pollutants may be readily calculated or estimated and reported to the 

division for the purposes of demonstrating compliance, compiling emission inventories, and 

developing air related strategic plans. This chapter includes the following parts : 

PART Env-A 902 Availability of Records 

PART Env-A 903 General Recordkeeping Requirements 

PART Env-A 904 VOC Emission Statements Recordkeeping 

Requirements 

PART Env-A 905 NOx Emission Statements Recordkeeping 

Requirements 

PART Env-A 906 Additional Recordkeeping Requirements 

PART Env-A 907 General Reporting Requirements 

PART Env-A 908 VOC Emission Statements Reporting 

Requirements 

PART Env-A 909 NOx Emission Statements Reporting 

Requirements 

PART Env-A 910 Additional Reporting Requirements 

PART Env-A 911 Recordkeeping and Reporting Requirements for 

Permit Deviations 

PART Env-A 912 Alternative Time Periods 
18 

PART Env-A 902, Env-A 902.01(d) reads : "Subject to Env-A 103, all data submitted to 

the division, including emission data and applicable emission limitations, shall be made 

available to the public ." Env-A 103 provides a mechanism by which a person who submits 

information to the director can protect confidential information, to the extent permitted under 

RSA 125-C:6, VII. Under RSA 125-C :6, VII, emission data is not considered confidential 

information. 

EPA analysis : EPA has reviewed the above laws and regulations and has determined that NH 

DES's submittals meet the requirements of CAA Section 110(a)(2)(F) . The regulations 

referenced above have been approved into the New Hampshire SIP (see Appendix). 

7. Section 110(a)(2)(G) : Emergency power 

This requires states to provide for authority to address activities causing imminent and 

substantial endangerment to public health, including contingency plans to implement the 

emergency episode provisions in their SIPs. 

NH DES's response to this -requirement : The State listed the following provisions to meet this 

element. In addition, in their April 2008 submittal, NH DES noted that the State expects to be 

classified as a Priority III region and, therefore, an emergency episode plan for PM2.5 is not 

required . 

RSA 125-C: 4,1. states in part: "The commissioner shall adopt rules under RSA 541-A, relative 

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

RSA 125-C :9 Authority of the Commissioner in Cases of Emergency. states : "Whenever the 

commissioner finds that an air pollution emergency exists requiring immediate action to protect 

the public health, welfare, or safety, he may with consent of the governor and council issue an 

order reciting the existence of such an emergency and requiring that such action be taken as he 

deems necessary to meet the emergency. Such order shall be effective immediately. Any person 

to whom such an order is directed shall comply therewith. The commissioner shall rescind or 

abate such order as soon as the emergency ceases to exist." 

EPA analysis : 

For PM2,5, EPA's guidance dated September 25, 2009 provides clarification that states that have 

air quality control regions identified as either Priority I, Priority IA or Priority II by the 

"Prevention of Air Pollution Emergency Episodes" rules at 40 CFR 5 1 .150 must develop 

emergency episode contingency plans. The guidance recommends that until EPA establishes 

significant harm levels (SHL) for PM2.5, states should establish their own SHL levels based on 

EPA's February 12, 2007 issue paper on setting priority and emergency action levels and also 

consider the recommended levels set forth in Attachment B of the September 25, 2009 guidance. 

States would be required to develop emergency episode plans for any area that has monitored 

and recorded 24-hour PM2.5 levels greater than 140.4 Pg/m3 since 2006 . A State that has never 

exceeded this level since 2006 is considered to be Priority III in accordance with the guidance, 
19 

may certify that it has appropriate general emergency powers to address PM2.5 -related episodes, 

and is not required to adopt specific emergency episode plans at this time, given the existing 

monitored levels . 

New Hampshire's April 2008 submittal states that they expect to be classified as a Priority III 

region and, therefore, an emergency episode plan for PM2.5 is not required . Air-quality monitors 

in New Hampshire show that PM2.5 levels for the past three years are below the 140 .5 ~Lg/m3 

threshold. New Hampshire has, therefore, met the requirements of CAA Section 110(a)(2)(G) for 

both the 1997 and 2006 standards. 

8. Section 110(a)(2)(H): Future SIP revisions 

This requires states to have the authority to revise their SIPs in response to changes in the 

NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPA 

finding that the SIP is substantially inadequate . 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 125-C:6. Powers and Duties of the Commissioner. - In addition to the other powers and 

duties granted herein, the commissioner shall have and may exercise the following powers and 

duties : II . Developing a comprehensive program and provide services for the study, prevention 

and abatement of air pollution. 

In addition to this legal authority, CHAPTER Env-A 200 Procedural Rules, PART Env-A 204 

Public Hearings on the State Implementation Plan provides procedures for SIP hearings. 

EPA analysis : New Hampshire's submittals for both the 1997 and 2006 PM2,5 standards affirm 

that the SIP may be revised should EPA find that the plan is substantially inadequate to attain a 

standard or to comply with any additional requirements under the CAA. Therefore, the state's 

submittals meet the requirements of CAA Section 110(a)(2)(H) . 

9. Section 110(a)(2)(I) : Areas designated nonattainment and meet the applicable 

requirements of Part D. 

As noted above, this action does not address infrastructure elements related to section 

11 0(a)(2)(1). 

10. Section 110(a)(2)(J) : Consultation with government officials; Public notification ; and 

PSD and visibility protection 

Section 110(a)(2)(J) requires states to provide a process for consultation with local governments 

and Federal Land Managers carrying out NAAQS implementation requirements pursuant to 

Section 121 relating to consultation . Section 127 requires that the State notify the public of any 
20 

NAAQS exceedences, advise the public of health hazards associated with such pollution, and 

include measures to enhance public awareness of measures that can be taken to prevent 

exceedances. 

Section 110(a)(2)(J) also requires states to meet applicable requirements of Part C related to 

prevention of significant deterioration and visibility protection. EPA interprets this section 110 

provision on visibility as not being "triggered" by a new NAAQS because the visibility 

requirements in part C are not changed by a new NAAQS. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 125-C:6 Powers and Duties of the Commissioner. - In addition to the other powers and 

duties granted herein, the commissioner shall have and may exercise the following powers and 

duties : 

V. Advising, consulting, and cooperating with the cities and towns and other agencies of the 

state, federal government, interstate agencies, and other affected agencies or groups in matters 

relating to air quality; 

VI. Encouraging local units to promote cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling air pollution; 

XIII . Coordinating and regulating the air pollution control programs of political subdivisions of 

the State and entering agreements with said subdivisions to plan or implement programs for the 

control and abatement of air pollution. 

Chapter Env-A 600 Statewide Permit System 

PART Env-A 621 Permit Notice and Hearing Procedures : Temporary Permits and 

Permits to Operate specifies the public notice and hearing procedures that apply to all 

applications for the issuance of, amendment to, or denial of temporary permits and permits to 

operate. 

PART Env-A 622 Permit Notice and Hearing Procedures : Title V Operating Permits 

specifies the public notice and hearing procedures that apply to all applications for the issuance, 

significant modification to or renewal of Title V operating permits files with the department and 

all requests for Title V operating permit re-openings. 

Chapter Env-A 1500 Conformity provides for consultation with local agencies and planning 

commissions with respect to transportation conformity and the conformity of federal actions 

related to transportation projects . 

RSA 125-C :6 Powers and Duties of the Commissioner. - In addition to the other powers and 

duties granted herein, the commissioner shall have and may exercise the following powers and 

duties : 

IV . Collecting and disseminating the results of studies relating to air quality; 

V. Advising, consulting, and cooperating with the cities and towns and other agencies of the 

state, federal government, interstate agencies, and other affected agencies or groups in matters 
21 

relating to air quality; 

VI. Encouraging local units to promote cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling air pollution. 

RSA 125-C:12 Administrative Requirements states : 

" . . .II. The commissioner shall act upon a permit application within a reasonable period of time. 

Prior to such action, the commissioner shall provide notice of the application by publication in at 

least one newspaper of general circulation. 

The commissioner shall also provide an opportunity for a hearing to interested persons. The 

requirement of public notice and hearing shall not apply to such devices or sources that will 

have, in the opinion of the commissioner, an insignificant effect on air quality. The 

commissioner may adopt rules relative to 

the requirements of public notice and hearing for such devices or sources. 

111. Any person aggrieved by the decision of the commissioner granting or denying a permit 

application may within 10 days of the decision file an appeal with the air resources council. The 

air resources council shall hold a hearing on any such appeal promptly, and shall thereafter issue 

a decision upholding, 

modifying or abrogating the commissioner's decision. . ." 

In implementing this authority, NHDES issues press releases in advance of unhealthful PM2.5 

and ozone days. NHDES also posts warnings on its website, advising people what they can do 

help prevent NAAQS exceedances and avoid adverse health effects of poor quality air days. 

RSA 125-C :6 Powers and Duties of the Commissioner. - In addition to the other powers and 

duties granted herein, the commissioner shall have and may exercise the following powers and 

duties : 

XV. Implementing a program of PSD for ambient air quality by establishing air quality 

increments, limiting the maximum allowable increases in the amounts of air pollutants provided 

such increments are not less stringent than those specified in the CAA, amendments thereto, and 

in regulations promulgated there under; 

CHAPTER Env-A 600 Statewide Permit System, Part Env-A 619 (formerly Env-A 623) 

Prevention of Significant Deterioration (PSD) of Air Quality Permit Requirements 

addresses the prevention of significant deterioration of air quality and visibility protection, in 

compliance with the requirements of 40 CFR 51 .166, 40 CFR 52.21 and RSA-125-C. 

EPA analysis: 

EPA finds that New Hampshire's 110(a) submittals meets the requirements of CAA Section 

110(a)(2)(J) for consultation with government officials . 

NH DES is one of the State partners participating in EPA's AIRNOW and Enviroflash Air 

Quality Alert programs. (See www.airnow.gov) NH DES's submittals meet the requirements of 

CAA Section 110(a)(2)(J) for public notification . 
22 

NH DES referred to its Title V regulations in its submission. However, Title V provisions are 

generally not relevant to Section 110 SIPs (except for the fees element discussed later in this 

document). 

Regarding the requirement in section 110(a)(2)(J) that the SIP meet the applicable requirements 

of part C of title I of the CAA, EPA has evaluated this requirement in the context of section 

110(a)(2)(C) with respect to permitting (see discussion under (3) of this TSD). 

New Hampshire's PSD provisions for air-quality permits are established in Env-A 619. The most 

recent version of the state's Statewide Permit System (Env-A 600) was approved into the NH 

SIP on February 6, 2012 (77 FR 5700). New Hampshire has authority to issue PSD permits and 

enforce them under its approved PSD SIP. EPA recently approved changes to New Hampshire's 

PSD program (77 FR 5700) reflect changes in the federal PSD program related to the permitting 

of greenhouse gas emission (76 FR 26933). This PSD program takes advantage of the Tailoring 

Rule thresholds for PSD applicability by relying on the GHG PSD Narrowing Rule. 

However, as discussed under (3) and (4) above (i .e ., pertaining to Sections I 10(a)(2)(C)-(D)), 

New Hampshire's EPA-approved PSD program does not yet meet requirements of the two major 

source PM2.5 PSD rules, 73 FR 28321 and 75 FR 64864, or implement the 2006 PM2.5 NAAQS 

itself. Therefore, we are proposing to conditionally approve the state's 110(a) submittals for the 

portion of Section 110(a)(2)(J) that relates to PSD. 

With regard to the applicable requirements for visibility protection, EPA recognizes that states 

are subject to visibility and regional haze program requirements under part C of the CAA. In the 

event of the establishment of a new NAAQS, however, the visibility and regional haze program 

requirements under part C do not change. Thus, we find that there is no new visibility obligation 

triggered under section 110(a)(2)(J) when a new NAAQS becomes effective . 

New Hampshire submitted a Regional Haze SIP to EPA on January 29, 2010, with supplemental 

submittals on January 14, 2011, and August 26, 2011, that addresses regional haze for the first 

planning period from 2008 through 2018 . On February 28, 2012 (77 FR 11809) . EPA proposed 

approval of New Hampshire's Regional Haze SIP . EPA is required by consent decree to take 

final action by July 13, 2012. 

As a result of the above analysis, EPA is proposing to approve New Hampshire's 110(a) 

submittals as meeting the requirements of CAA Section 110(a)(2)(J) for consultation with 

government officials and public notification, and to conditionally approve the submittals for the 

portion of Section 110(a)(2)(J) that relates to PSD. 

11 . Section 110(a)(2)(K) : Air quality and modeling/data 

This requires that SIPs provide for performing air-quality modeling for predicting effects on air 

quality of emissions from any NAAQS pollutant and submission of such data to EPA upon 

request. 
23 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

CHAPTER Env-A 600 Statewide Permit System, Part Env-A 606 Air pollution Dispersion 

Modeling Impact Analysis Requirements, eff. 4-26-03, specifies the air pollution dispersion 

modeling impact analysis requirements that shall apply to owners and operators of certain 

sources and devices in order to demonstrate compliance with the New Hampshire State 

Implementation Plan, RSA 125-C, RSA 125-I, and any rules adopted thereunder . 

EPA analysis : A review of NH DES laws and regulations shows that NH DES has broad 

powers to conduct air quality modeling. Therefore, New Hampshire's infrastructure submittals 

meet the requirements of CAA Section 110(a)(2)(K) . 

12. Section 110(a)(2)(L) : Permitting fees 

This requires SIPs to require each major stationary source to pay permitting fees to cover the cost 

of reviewing, approving, implementing and enforcing a permit, until such time as the SIP fee 

requirement is superseded by EPA's approval of the state's Title V operating permit program. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element : 

RSA 125-C:4 Rulemaking Authority; Subpoena Power states : "I. The commissioner shall 

adopt rules under RSA 541-A, relative to : . . . 

(i) Fees for permit application and review, as authorized by RSA 125-C:12, IV . . ." 

RSA 125-C:12 Administrative Requirements states : 

". . .IV . As a condition of any permit required, the commissioner may require payment of a fee to 

cover the reasonable costs of reviewing and acting upon the 

application for a permit and of implementing or enforcing the terms and conditions of a permit . 

The applicant shall pay any cost or expense associated with public notices or notifications in the 

permit process. The commissioner shall 

adopt rules relative to a fee schedule for applicants and the collection of fees under the schedule. 

All fees and monetary grants, gifts, donations, or interest generated by these funds shall be 

deposited with the State treasurer in a special 

nonlapsing fund to be known as the air resources fund and shall be continually appropriated to 

the department for the administration of this chapter. 

V. As a condition of any permit to operate under RSA 125- C:11, I-a, the commissioner may 

require payment of a fee to cover the reasonable costs of reviewing and acting upon the 

application for a permit to operate, permit renewal, and permit modification of an affected 

source, and of implementing or enforcing the terms and conditions of an affected source permit . 

The applicant shall pay any cost or expense associated with public notices or notifications in the 

permit process. The commissioner shall adopt rules relative to a fee schedule for applicants and 

the collection of fees under the schedule. Funds collected by the commissioner under this 

paragraph from permit fees shall be deposited in the air resources fund, shall be accounted for 
24 

separately, and shall be used by the commissioner for the establishment and operation of a 

statewide system of permitting for the construction, operation, or modification of any new or 

existing affected source ." 

CHAPTER Env-A 700 Permit Fee System : The purpose of this chapter is to establish a fee 

system requiring the payment of fees to cover the reasonable direct and indirect costs of: 

reviewing and acting upon applications for the issuance of, amendment to, modification to, 

renewal of, or any combination of the foregoing actions to a temporary permit, State permit to 

operate, or Title V operating permit ; 

implementing and enforcing the terms and conditions of any temporary permit, State permit to 

operate, or Title V operating permit ; administering the State permit program; and developing, 

implementing and administering the Title V operating permit program. In particular, Env-A 705 

establishes the emission fee program for Title V and non- Title V sources. 

EPA analysis : 

EPA's full approval of New Hampshire's title V program became effective on November 23, 

2001 . Before EPA can grant full approval, a state must demonstrate the ability to collect 

adequate fees. New Hampshire's title V program included a demonstration the state will collect a 

fee from title V sources above the presumptive minimum in accordance with 40 CFR 

70.9(b)(2)(i), New Hampshire collects sufficient fees to administer the title V permit program. 

NH DES's submittal meets the requirements of CAA Section 110(a)(2)(L) . 

13. Section 110(a)(2)(M) : Consultation/participation by affected local entities 

This requires states to provide for consultation and participation in SIP development by local 

political subdivisions affected by the SIP. 

NH DES's response to this requirement: The State listed the following provisions to meet this 

element: 

RSA 125-C :6 Powers and Duties of the Commissioner states : "In addition to the other powers 

and duties granted herein, the commissioner shall have and may exercise the following powers 

and duties : . . . 

V. Advising, consulting, and cooperating with the cities and towns and other agencies of the 

state, federal government, interstate agencies, and other affected agencies or groups in matters 

relating to air quality; 

VI. Encouraging local units to promote cooperation by the people, political subdivisions, 

industries, and others in preventing and controlling air pollution in the state ; VI-a. Encouraging 

the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to burn, 

a mixture that consists of at least 90 percent virgin No. 6 oil and the remainder complying with 

the used fuel oil specifications in 40 CFR, section 279 .11, table 1 ; . . . 

XIII. Coordinating and regulating the air pollution control programs of political subdivisions of 

the State and entering agreements with said subdivisions to plan or implement programs for the 

control and abatement of air pollution . . ." 
25 

EPA analysis : 

Based upon EPA's review of the April 2008 and September 2009 submittals, New Hampshire's 

public participation requirements and procedures fulfill the requirements for consultation with 

local political subdivisions affected by the plans and, therefore, meet the requirements of CAA 

Section 110(a)(2)(M). 

Conclusions and Recommended Agency Action 

EPA's analysis of New Hampshire's infrastructure submittals for the 1997 and 2006 PM2.5 

NAAQS concludes that New Hampshire's submittals meet the requirements for section 

110(a)(2)(B), (C) (enforcement program), prongs 1 and 2 of (D)(i), (D)(ii), (E)(i), (E)(iii), (F), 

(G), (H), (J) (consultation), (J) (public notification), (K), (L), and (M). We recommend that a 

rulemaking be prepared proposing full approval of these elements. 

Our review also indicates that the submittals do not meet all requirements of section 

110(a)(2)(A) and E(ii) (state boards and conflict of interest provisions), as well as (C), prong 3 of 

(D)(i), and (J) as they relate to the state's PSD programs. However, New Hampshire has 

committed to addressing the noted deficiencies . Therefore, we recommend that a rulemaking be 

prepared proposing conditional approval of these elements . 
26 

Appendix 

EPA-Approved New Hampshire Air Quality Regulations 

for PM2,5 and Other Air Pollutants 

State Citation Title / Subject State Effective EPA Approval Explanations 

Date Date 

Env-A 100 Organizational 12/21/2010 2/6/2012 Added definitions "Carbon dioxide 

PDF (10 pp, Rules : Definitions . 77 FR 5700 equivalent emissions (C02e)", 

65K) "Greenhouse gases", and "Major 

source". 

Note: Definitions which have been 

Incorporated By Reference into the 

New Hampshire State 

Implementation Plan are 

numbered consecutively by EPA, 

and do not necessarily correspond 

to the State's assigned definition 

number in the New Hampshire 

State Regulation Env-A 100. It is 

New Hampshire's practice to 

renumber their definitions in EnvA 101 when definitions are added 

or deleted from the State 

Regulation. 

Env-A 200 Procedural Rules. 07/23/2001 10/28/2002 Parts Env-A 206 ; 208 ; and 

(PDF) (14 pp, 67 FR 65710 Sections Env-A 209.01 through 

139K) 209.04 are not part of the 

approved SIP . 

Env-A 300 Ambient Air 04/21/1989 O8/19/1994 Part Env-A 304 is not part of the 

PDF (4 pp, Quality Standards. 59 FR 42766 approved SIP . 

114K) 

Env-A 400 Sulfur Content 12/24/1990 08/14/1992 Section Env-A 405 .05 (c) and (d) ; 

PDF (4 pp, Limits in Fuels. 57 FR 36603 and Part 456 are not part of the 

1 13K) SIP. 

Env-A 600 Statewide Permit 12/21/2010 2/6/2012 Added section Env-A 619.03(b)-

PDF (27 pp, System . 77 FR 5700 (e) . 

105K) 

Env-A 700 Permit Fee System. 12/24/1990 08/14/1992 Approved Parts Env-A 701 

PDF (5 pp, 57 FR 36603 through 705 . 

11 7K) 

Env-A 800 Testing and 08/21/1995 03/10/1998 Approved Parts Env-A 801 
27 

PDF (39 pp, Monitoring 63 FR 11600 through 807. 

257K) Procedures. 

Env-A 900 Owner or Operator 08/21/1995 03/10/1998 Approved Sections Env-A 901 

PDF (16 pp, Obligations . 63 FR 11600 through 903 . 

143K) 

Env-A 1000 Prevention, 05/19/1989 08/19/1994 Approved Part Env-A 1001 . 

PDF (3 pp, Abatement, and 59 FR 42766 

111 K) Control of Open 

Source Air 

Pollution . 

Env-A 1200 Prevention, 08/21/1995 07/23/2002 Approved Parts Env-A 1201 

PDF (144 pp, Abatement, and 67 FR 48033 through 1208; and 1211 . 

657K) Control of Approval of 1201 .05 shall not be 

Stationary Source construed to supersede New 

Air Pollution . Source Performance Standards ; 

National Emission Standards for 

Hazardous Air Pollutants ; and the 

regulations controlling emissions 

from major new or modified 

stationary sources in attainment 

and non-attainment areas . 

Env-A 1 500 Conformity of 04/19/1996 OS/16/1999 Approved Part Env-A 1502 . 

PDF (2 pp, General Federal 64 FR 44417 

107K) Actions. 

Env-A 3200 NOx Budget 07/27/1998 11/14/2000 Approved Parts Env-A 3201 

PDF (30 pp, Trading Program. 65 FR 68078 through 3218 . 

237K) 

Env-A 3600 National Low 07/21/1999 03/09/2000 Approved Parts Env-A 3601 

PDF (2 pp, Emission Vehicle 65 FR 12476 through 3603 . 

108K) (National LEV) 

Program . 

NHCAR, Emission 11/17/1998 01/10/2001 Part Saf-C 3221A "Emission 

Amendments to 66 FR 1868 Amendments to Official Motor 

Part Saf-C Official Motor Vehicle Inspection Requirements" 

3221 A (PDF) Vehicle Inspection adopted on November 17, 1998 . 

(2 pp, 109K) Requirements . 

NHCAR, Roadside Diesel 11/17/1998 01/10/2001 Part Saf-C 5800 "Roadside Diesel 

Opacity Inspection 66 FR 1868 Opacity Inspection Program Rules" 

Part Saf-C Program Rules . adopted on November 17, 1998. 

5800 (PDF) (9 

pp, 125K)