### EVIDENCE OF TH E PLAN’S ADOPTION

40 CFR Part 51, Appendix V, 2.1(b)EVIDENCE OF THE PLAN’S ADOPTION

The cover letter, signed by the Governor’s de signee, is evidence that the State of New Hampshire has adopted this Certification of Adequacy and revision to the State Implementation Plan (SIP). The only state requirement for SIP submittals is that at least 30 days before the date of any public heari ng related to SIP revisi ons, public notice shall be published in a newspaper of general dail y statewide circulation. (See Env-A 204.01) Then if a hearing is held, it must be c onducted in accordance with Env-C 205. (See EnvA 204.02) See the Evidence of Public Notice an d the Certification of Public Hearing for evidence of the plan’s adopti on in accordance with Env-A 204.

### EVIDENCE OF LEGAL AUTHORITY

40 CFR Part 51, Appendix V, 2.1(c)

Laws of New Hampshire, RSA 125-C:6

Powers and Duties of the Commissioner

### TITLE X

PUBLIC HEALTH

CHAPTER 125-C
AIR POLLUTION CONTROL

Section 125-C:6

125-C:6 Powers and Duties of the Commissioner. – In addition to the other powers and duties granted herein, the commissioner sh all have and may exercise the following powers and duties: I. Exercising general supervision of the administration and enfor cement of this chapter and all rules adopted and orde rs promulgated under it; II. Developing a comprehensive program and provide services for the study, prevention, and abatement of air pollution; III. Conducting and encouragi ng studies relating to air quality; IV. Collecting and disseminating the re sults of studies relati ng to air quality; V. Advising, consulting, and cooperating wi th the cities and town s and other agencies of the state, federal governme nt, interstate agencies, and other affected agencies or groups in matters relating to air quality; VI. Encouraging local units to pr omote cooperation by the people, political subdivisions, industries, and others in preventing and controlli ng air pollution in the state; VI-a. Encouraging the recycling of wast e 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; VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspec ting or investigating any condition which is believed to be either an air po llution source or in violation of any of the rules or orders promulgated hereunder. Any information, othe r than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation sh all not be disclosed by the co mmissioner without permission of the person whose source is inspected or investigated; VIII. Accepting, receiving, and administer ing grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, includi ng such monies given under any federal law to the stat e for air quality cont rol activities, surveys, or programs; IX. Consulting the air resources co uncil established by RSA 21-O:11 on the policies and plans for the control and prevention of air pollution; X. Exercising all incidental powers necessary to carry out the purposes of this chapter; XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitori ng 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; XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of moto r vehicular and other modes of transportationwhen in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable fede ral regulations, of exis ting air quality in an

area classified as a "clean air'' ar ea by state or federal regulations; XIII. Coordinating and regulating the air pollution control programs of political

subdivisions of the state and entering agreements with sa id subdivisions to plan or implement programs for the control and abatement of air pollution; XIV. Establishing and operating a stat ewide system under which permits shall be required for the construction, installation, operation, or m odification of air pollution devices and sources, which system shall be established pursuant to RSA 125-C:11 and the sections which follow. The authority vest ed in the commissioner by this section shall include the power to delay or prevent any construction, modi fication, or operation of said air pollution sources and modifications whic h, in the opinion of th e commissioner, would cause the ambient air pollution le vel in the locality of such construction, modification, or operation to exceed limits for ambient concen trations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification, or operation would, in the opi nion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XIV-a. Establishing fuel quality standa rds and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and ot her manufacture and e ligible biomass fuel

related to the combustion of such material s at stationary sources. The commissioner may establish such standards as necessary to ma intain statewide compliance with Clean Air

Act standards and RSA 125-I. XV. Implementing a program of preventi on of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such increments ar e not less stringent than those specified in the Clean Air Act and amendmen ts thereto, and in regulations promulgated thereunder; XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliabi lity and accuracy of the network equipment. XVII. Implementing a program to contro l the emissions of air contaminants from consumer products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, pr ovided that such limits are not less stringent

than those established under the Clean Ai r Act and amendments thereto, and in regulations promulgated under the Clean Air Act.

Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1. 1995, 192:1. 1996, 228:104. 2001, 293:6, eff. July 17, 2001. 2008, 113:4, eff. Aug. 2, 2008. 2010, 183:8, eff. June 21, 2010.

### COPY OF THE ACTUAL PLAN

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

## Revision to the



## New Hampshire State Implementation Plan

Certification of State Implementation Plan Adequacy

Regarding Clean Air Act Section 110(a)(1) and (2) for the 2010 1-Hour Nitrogen Dioxide NAAQS

January 28, 2013



## Air Resources DivisionPage 2 of 12



## Certification of State Impl ementation Pl an Adequacy

Regarding Clean Air Act S ection 110(a)(1) and (2)

for the 2010 1-Hour Nitrogen Dioxide NAAQS

Purpose

This document certifies to the U. S. Environmental Protection Agen cy (EPA) that New Hampshire’s State Implementation Plan (SIP) fulfills the “infra structure” requirements established in sections 110(a)(1) and (2) of the Clean Air Act (CAA) for nitrogen dioxide (NO 2 ). 1

Background

The CAA requires EPA to set National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public hea lth and the environment. National standards exist for six criteria pollutants: nitrogen dioxide, ozone, particulate ma tter, carbon monoxide, sulf ur dioxide, and lead. For each of these pollutants, se ction 109 of the CAA requires EPA to set the health-based, or primary , standards at levels judged to be “requisite to protect the public health with an adequate margin of safety.” The CAA also requires EPA to establish secondary standards that are “requisite” to protect public we lfare from “any known or anticipa ted adverse effects associated with the pollutant in th e ambient air,” includi ng effects on vegetation, soils, water, wildlife, buildings and national monu ments, and visibility.

On January 22, 2010, EPA strengt hened the primary NAAQS for n itrogen dioxide by promulgating

a revised standard based on 1-hour average concentrations. EP A set the new 1-hour NO 2 NAAQS at the level of 100 parts pe r billion (ppb). EPA also re tained, with no change, the annual average

NO 2 standard of 53 ppb. (See 75 FR 6474 .) These changes did not affect the secondary NO 2 standard, which was revised unde r a separate rulemaking. (See 77 FR 20218 .)

Section 107(d) of the CAA require s that, after receipt of recomme ndations from the states and within two years after pr omulgation of a NAAQS, EPA must designate all areas of the country as

attainment (meeting the standard), nonattainment (not meeting the standard), or unclassifiable on the basis of available information. On January 20, 2012, EPA designated all of New Hampshire as

unclassifiable/attainment for the 2010 1-hour NO 2 NAAQS. (See 77 FR 9532 .)

Pursuant to section 110(a)(1) of the CAA, states are required to submit State Implementation Plans meeting the requirements of section 110(a)(2) with in three years after pr omulgation of a new or revised NAAQS. Section 110(a)(2) requires states to address basic SIP requirements, including emissions inventories, monitori ng, and modeling to assure attainment and maintenance of the NAAQS. States are required to s ubmit such SIPs for the 2010 1-hour NO 2 NAAQS to EPA by January 22, 2013.

New Hampshire’s SIP Revision

The submittal of this document is intended to meet New Hampshire’s obligations under the CAA with respect to section 110(a )(1) and (2) for the 2010 1-hour NO 2 primary National Ambient Air Quality Standards. The following describes in summary form how New Hampshire’s SIP meets these requirements with specific referen ce to subsections 110 (a)(2)(A) through (M).

1 Nitrogen dioxide (NO 2 ) is one of a group of highly reactive gasses known as oxides of nitrogen, or nitrogen oxides (NOx). Other members of this group include nitrous acid and nitric acid. While EPA’s National Ambient Air Quality Standards cover all NOx, nitrogen dioxide is the component of greatest interest and the indicator for the larger gr oup of nitrogen oxides. NO 2 forms quickly from emissions from cars, trucks and buses, off-road equipment, power plants, and agricultural sources. NO 2 contributes to the formation of ground-level ozone and fine-particle pollution.Page 3 of 12



### Summary Description of New Hampshire’s Compliance with Clean Air Act Section 110(a)(1) and (2) SIP Requirements for NO 2

► Subsection 110(a)(2)(A): Emission Limits and Other Control Measures

CAA 2 Citation:

"Each such plan shall...include enforceable em ission limitations and other control measures, means, or techniques (including economic incen tives such as fees, marketable permits, and auctions or emissions rights), as well as sche dules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act.”

Applicable NH Laws and Regulations:

The following regulations have high relevance to, but are not inclus ive of all regulations for, the

control of NO 2 and NOx:

• Env-A 300: Ambient Air Quality Standards 3

− Env-A 306.01: Primary and Seco ndary Ambient Air Quality St andards for Nitrogen Dioxide

− Env-A 306.02: Determination of Attainment of NO 2 Standard

− Env-A 306.03: Measurement for NO 2 Attainment Determination

• Env-A 500: Standards Applicable to Ce rtain New or Modified Facilities...

− Env-A 503: New Source Performance Standards

• Env-A 600: Statewide Permit System

− Env-A 618: Nonattainment New Source Review

− Env-A 619: Prevention of Significant Deterioration 4

• Env-A 700: Permit Fee System

• Env-A 1300: Nitrogen Oxides (NOx) Reas onably Available Control Technology (RACT) 5

• Env-A 2300: Mitigation of Regional Haze

• Env-A 3200: NOx Budget Trading Program

• Saf-C 3200: Official Motor Ve hicle Inspection Requirements

− Saf-C 3220: Emissions Requirements

− Saf-C 3222: On-Board Diagnostic System 6

2 CAA refers to the Clean Air Act. CFR refers to the U.S. Code of Federal Regulations. EPA refers to the U.S. Environmental Protection Agency. NHDES refers to the New Hampshire Depart ment of Environmental Services.

RSA refers to the New Hampshire Revised Statutes Annotated. Env-A refers to the New Hampshire Code of

Administrative Rules for the Control of Air Pollution. Env-Or and Env-Wm refer to the New Hampshire Code of Administrative Rules for the Oil & Remediation Program. Saf-C refers to the New Hampshire Code of Administrative Rules for the Department of Safety, Commissioner’s Office.

3 NH amended Env-A 300: Ambient Air Quality Standards, effective September 1, 2012. NHDES submitted the amended rule as a SIP revision for EPA’s approval on November 8, 2012.

4 NH amended Env-A 619: Prevention of Significant Deteri oration, effective September 1, 2012. NHDES submitted the amended rule as a SIP revision for EPA’s approval on November 15, 2012.

5 NH adopted Env-A 1300: Nitrogen Oxides (NOx) Reasonably Available Control Technology (RACT), effective October 31, 2010, as a replacement for Env-A 1211: Nitroge n Oxides (NOx). NHDES submitted this rule as a SIP revision for EPA’s approval on March 31, 2011.

6 NH amended Saf-C 3222: On-Board Diagnostic System, effective June 22, 2007. NHDES submitted the amended rule as a SIP revision for EPA’s approval on November 17, 2011.Page 4 of 12

► Subsection 110(a)(2)(B): Ambient Air Qu ality Monitoring/Data System

CAA Citation:

"Each such plan shall...provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) mon itor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator.”

Applicable NH Laws and Regulations:

• RSA 125:81 Powers and Duties of the Agency (recodified as RSA 125-C:6 Powers and Duties

of the Commissioner )

− RSA 125:81, IV (recodified as RSA 125-C:6, IV), authorizes the agency to collect and

disseminate the results of st udies relating to air quality.

− RSA 125:81, V (recodified as RSA 125-C:6, V), authorizes th e agency to consult and cooperate with agencies of the federal government.

Additional Information:

NHDES routinely collects and report s ambient air quality data for NO 2 and other pollutants in accordance with EPA-approved methods. These data are reviewed and validated before being sent to EPA’s Air Quality System (AQS) no la ter than 90 days after the end of a calendar quarter. In accordance with 40 CFR 58 , NHDES submitted a 2012 air quality monitoring network plan on July 20, 2012. EPA Region I a pproved this plan on August 29, 2012, with the exception of elements related to NCore, PAMS, and NO 2 monitoring, which require approval of

the EPA Administrator.

The rulemaking that established the NO 2 NAAQS also established new ambient air monitoring and reporting requirements for NO 2 , with new monitors to begin op erating no later than January 1, 2013. (See 75 FR 6474 .) Subsequently, on October 5, 2012 , EPA issued a proposed rule to

revise the deadlines for the near-road component of the NO 2 monitoring network and to implement a phased deployment approach. (See 77 FR 64244 .) The revised schedule would

make the near-road NO 2 network operational between January 1, 2014, and January 1, 2017, but would not change the total number of monitors already required nationally. In the same rulemaking, EPA also proposed to revise the a pproval authority for annual monitoring network plans for NO 2 monitoring.

► Subsection 110(a)(2)(C): Program for En forcement of Control Measures

CAA Citation:

"Each such plan shall...include a program to provide for the enforcement of the measures described in subparagraph (A), and regulation of the modifi cation and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achie ved, including a permit program as required in parts C and D.”

Applicable NH Laws and Regulations:

• RSA 125:90-93 (recodified as RSA 125-C:11 ), provide for a statewide permit program.

• RSA 125:82 (recodified as RSA 125-C:15 , I) authorizes the agency to issue orders to correct

violations.

• RSA 125:85 (recodified as RSA 125- C:15, II) authorizes the agency to obtain injunctive relief to prevent violations.

• RSA 125:86 (recodified as RS A 125-C:15, I-b) authorizes the agency to impose fines for

violations of statutes and rules.Page 5 of 12

Additional Information:

The above-listed statutes provide lega l authority for the enforcement of Env-A 618: Nonattainment

New Source Review and Env-A 619: Prevention of Significant Deterioration . Revisions to EnvA 619 (and Env-A 100: Organizational Rules ) pertaining to the regulation of greenhouse gases were approved by EPA in a final rule published on February 6, 2012. (See 77 FR 5700 .)

► Subsection 110(a)(2)(D): In terstate Transport

CAA Citation:

"Each such plan shall...contain adequate provisions – (i) proh ibiting, consistent with the provisions of this title, any sour ce or other type of emissions activity within the State from emitting any air pollutant in amounts which will – (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other Stat e with respect to any su ch national primary or secondary ambient air quality standard, or (II) inte rfere with measures requi red to be included in the applicable implementation plan for any ot her State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) insuri ng compliance with the applicable requirements of sections 126 and 115 (relating to in terstate and international pollution abatement).”

Applicable NH Laws and Regulations:

• Env-A 619: Prevention of Significant Deterioration protects air quality in downwind NO 2 attainment areas.

• Env-A 2300: Mitigation of Regional Haze includes NOx emission limits for certain fossil-fuelfired steam generating units.

Additional Information:

As described in a recent memorandum 7 to the states, EPA does not in tend to make findings with respect to section 110(a)(2)(D)(i)(I) while the agen cy awaits resolution of legal matters related to the Cross-State Air Pollution Rule (CSAPR). Accordingly, New Hampshire will await further guidance from EPA before making a submission to address this SIP element. Note that New Hampshire has no pending obliga tions under sections 115 or 126.

► Subsection 110(a)(2)(E): Adequate Resources

CAA Citation:

"Each such plan shall...provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or gene ral purpose local governments for such purpose) will have adequate personnel, funding, and author ity under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting St ate boards under section 128, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or

7 EPA memorandum, Gina McCarthy to Regional Air Division Directors, “Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Cour t Decision Vacating the 2011 CrossState Air Pollution Rule,” November 19, 2012.Page 6 of 12

instrumentality for the implementation of any pl an provision, the State has responsibility for ensuring adequate implementati on of such plan provision.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) authorizes the NHDES Commissioner to enforce the state’s air laws, establish a permit program, accep t and administer grants, and exercise all incidental powers necessary to carry out the law.

• RSA 21-O:11, I Statement of Purpose and Findings 8 establishes the NH Air Resources Council, a state board that has the authority to hear enforcem ent and permit appeals. The Council consists of 11 members, 6 of whom must represent the pub lic interest. Those representing the public interest may not derive any significant portion of their income from persons subject to permits or enforcement orders , and may not serve as attorney for, act as consultant for, serve as officer or director of, or hold any other official or contractual relationship with any person subject to permits or enforcement orders.

Additional Information:

New Hampshire’s SIP, originally submitted on January 27, 1972, and subsequently revised, describes the (a) existing orga nizations, (b) manpower, (c) funding, (d) physical resources, and (e) local agencies as required under subsect ion 110(a)(2)(E). Note, however, that New Hampshire does not rely on any local or regional government, agency, or instrumentality for the implementation of any SIP provision.

► Subsection 110(a)(2)(F): Stationary Source Emissions Monitoring and Reporting

CAA Citation:

"Each such plan shall...require, as may be prescrib ed by the Administrator - (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to m onitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established purs uant to this Act, which reports sh all be available at reasonable times for public inspection.”

Applicable NH Laws and Regulations:

• RSA 125:81, XI (recodified as RSA 125-C:6 , XI) authorizes the agency to require owners or operators of stationary sources to install, maintain, and use em ission monitoring devices and to make periodic reports to the agency on the nature and amounts of emissions from such stationary sources. The agency shall have the authority to make such data available to the public and as correlated with a ny applicable emission standards

.

• Env-A 600: Statewide Permit System , paragraph 609.06(b)(8), requires a compliance assurance monitoring (CAM) plan, if required by 40 CFR 64

.

.

• 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 st atutes and rules. Th is chapter includes the

8 NHDES submitted this law as a SIP revision for EPA’s approval on December 31, 2012.Page 7 of 12

following relevant parts:

− Env-A 802: Compliance Stack Test ing for Stationary Sources

− Env-A 803: NOx RACT Testing Procedures

− Env-A 808: Continuous Emission Monitoring

− Env-A 809: Approval of Alternate Methods

− Env-A 810: Air Pollution Control Equipment Monitoring Plan; Additional Testing and Monitoring

• Env-A 900: Owner or Operator Reco rdkeeping 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 NHDES for the purposes of demonstrating compliance, compili ng emission inventories, and developing air related strategic plans. This chapte r includes the following relevant parts:

− Env-A 902: Availability of Records (See note below.)

− Env-A 903: General Recordkeeping Requirements

− Env-A 905: NOx Emission Statements Recordkeeping Requirements

− Env-A 906: Additional Reco rdkeeping Requirements

− Env-A 907: General Reporting Requirements

− Env-A 909: NOx Emission Statem ents Reporting Requirements

− Env-A 910: Additional Reporting Requirements

− Env-A 911: Recordkeeping and Reporting Requirements for Permit Deviations

− Env-A 912: Alternative Time Periods

Note: 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 whic h a person who submits information to the director can protect confidential info rmation, to the extent permitted under RSA 125-C:6 , VII,

which establishes that emission data are not considered confidential information.

► Subsection 110(a)(2)(G): Emergency Power

CAA Citation:

"Each such plan shall...provide for authority comparable to th at in section 303 and adequate contingency plans to implement such authority.”

Applicable NH Laws and Regulations:

• RSA 125:84 (recodified as RSA 125-C:9 ) states: “Whenever the dire ctor finds that an air pollution emergency exists requir ing immediate action to protect th e public health, welfare, or safety, he may with consent of the governor a nd council issue an order re citing 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 immedi ately. Any person to whom such an order is directed shall comply therewith. The director sh all rescind or abate such order as soon as the emergency ceases to exist.”

Additional Information:

The cited law grants NHDES broad statutory authority to address activities causing imminent and substantial endangerment to public health. Under extreme circumstances, emissions of NO 2 and other oxides of nitrogen (NOx) might present an imminent concern for public health because they are chemical precursors to ground-level ozone and presumed precursors to fine particlePage 8 of 12

formation. New Hampshire is classified as Pr iority I for ozone and Priority III for nitrogen dioxide and fine particulate matter. On this ba sis, an emergency episode plan is required for ozone, but none is required for NO 2 or PM 2.5 . (See 40 CFR 51.150-51.153 .)

More specifically, 40 CFR 51.152( c) exempts Priority III areas from the need to develop episode plans. A Priority III region for nitrogen dioxi de is defined in 40 CFR 51.150 as any area in

which ambient concentrations are no greater than 100 μg/m 3 (0.06 ppm), annual arithmetic mean. The following table displays average NO 2 values for four monitori ng sites in New Hampshire over the last decade. As the data show, annual NO 2 levels resided well below the threshold throughout this period.

NHDES procedures in response to elevated ozone le vels are discussed in the ozone infrastructure SIP submitted to EPA on December 31, 2012. Avera g e Annual NO 2 Concentrations (ppm) in New Hampshire, 2003-2012

Monitor Location AQS Number 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Manchester 330110020 0.012 0.012 0.011 0.010 0.011 0.011 0.010 0.008 ** **

Peterborough* 330115001 **   0.001 0.001 0.001 0.001 0.001 **  **

Nashua* 330111011 ** 0.003 0.002 0.002 0.003 0.003 ** 0.001 0.002 0.002

Portsmouth 330150014 0.009 0.007 0.007 0.008 0.007 0.007   **  **

* Value is average NO 2 concentration for ozone season only. ** NO 2 was not monitored at this location in this year.

► Subsection 110(a)(2)(H): Future SIP revisions

CAA Citation:

"Each such plan shall...provide for revision of such plan – (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of

information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it im plements or to otherwise comply with any additional requirements esta blished under this Act.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In addition to the other powers and duties granted herein, the agency shall ha ve and may exercise the following powers and duties:...II. To develop a comprehensive pr ogram and provide services for the study, prevention and abatement of air pollution;...”

• Env-A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP hearings.

Additional Information:

As evidence of New Hampshire’s commitment to fulfilling the requirements of this subsection, it

is noted that NHDES has made numerous SIP revisi ons in the past for the purpose of meeting the National Ambient Air Quality Standards. (See EPA's Summaries and Rulemakings for past documentation.)Page 9 of 12

► Subsection 110(a)(2)(I): Areas Designated Nonattainment

CAA Citation:

"Each such plan shall...in the case of a plan or plan revision for an area designated as a nonattainment area, meet the appli cable requirements of part D (re lating to nonattainment areas).”

Applicable NH Laws and Regulations: See below.

Additional Information:

In accordance with a recent memorandum, EPA does not expect infras tructure SIP submissions

to address subsection 11 0(a)(2)(I); nonattainment area pl ans required under part D follow a

different schedule from the section 110 infrastr ucture elements and are reviewed and acted upon through a separate process. 9 Note that New Hampshire does not have areas designated as

nonattainment for the NO 2 NAAQS.

► Subsection 110(a)(2)(J): Consultation with Government Officials

CAA Citation:

"Each such plan shall...meet the ap plicable requirements of section 121 (relating to consultation),...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In addition to the other powers and duties granted herein, the agency shall ha ve and may exercise the following powers and duties:... V. To advise, consult, and cooperate wi th 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 pollution; VI. To encour age local units to promote cooperation by the people, political subdivisions, i ndustries, and others in preven ting and controlling air pollution in the state; XIII. The agency shall have th e authority to coordinate and regulate the air pollution control programs of civil subdivisions of the state and to enter agreements with said subdivisions to plan or implement programs fo r the control and abatem ent of air pollution.”

• Env-A 600: Statewide Permit System

− Env-A 621: Permit Notice and Hearing Procedures: Temporary Permits and Permits to Operate specifies the public noti ce and hearing procedures that apply to all applications for the issuance of, amendment to, or denial of temporary permits and permits to operate.

− Env-A 622: Permit Notice and Hearing Procedures : Title V Operating Permits specifies the public notice and hearing proce dures that apply to all appl ications 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.

• Env-A 1500: Conformity provides for consultation with local agencies and planning commissions with respect to transportation conf ormity and the conformity of federal actions related to transportation projects.

9 EPA Memorandum, Stephen D. Page to Regional Air Division Directors, “Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sect ions 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” October 14, 2011.Page 10 of 12

► Subsection 110(a)(2)(J): Public Notification

CAA Citation:

"Each such plan shall...meet the applicable requirements of...section 127 (relating to public notification),...”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In addition to the other powers and duties granted herein, the agency shall ha ve and may exercise the following powers and

duties:... IV. To collect and disseminate the results of studies relating to air pollution; V. To advise, consult, and cooperate with the cities an d towns and other agencies of the state, federal government, interstate agencies, a nd other affected agencies or gr oups in matters relating to air pollution; VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling ai r pollution in the state; . . .”

Additional Information:

NO 2 and other oxides of nitrogen (NOx) are ch emical precursors to ground-level ozone and presumed precursors to fine particle form ation. On days when ambient ozone or PM 2.5 concentrations are predicted to be high, NHDES exercises the authority granted under RSA 125:81 (recodified as RSA 125-C:6 ) to issue public alerts. NHD ES makes press releases and posts website notices advising people on how to help prevent air pollution and minimize the worst health effects of poor air quality. NHDES is one of the st ate partners in EPA’s AIRNOW and Enviroflash Air Quality Alert programs. (See www.airnow.gov .)

► Subsection 110(a)(2)(J): PSD and Visibility Protection

CAA Citation:

"Each such plan shall...meet the applicable re quirements of...part C (rel ating to prevention of significant deterioration of air quality and visibility protection);...”

Applicable NH Laws and Regulations:

• RSA 125:81, XIV (recodified as RSA 125-C:6 , XIV) authorizes the agency to establish and operate a statewide system under which permits shall be required for the construction and operation of new and modifi ed stationary sources.

• Env-A 619: Prevention of Significant Deterioration addresses PSD and vi sibility protection and is essential to meeting the requirements of 40 CFR 51.166

, 40 CFR 52.21 and RSA 125-C

.

• Env-A 2300: Mitigation of Regional Haze establishes specific emission limitations for certain emission sources for the purposes of compliance with the Regional Haze Rule. (See 64 FR

35714 and 40 CFR 51 subpart P .)

► Subsection 110(a)(2)(K): Air Quality Modeling/Data

CAA Citation:

"Each such plan shall...“provide for – (i) the performance of such air quality modeling as thePage 11 of 12

Administrator may prescribe for the purpose of pr edicting the effect on am bient air quality of any emissions of any air pollutant for which the Administrator has establ ished a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) authorizes the department to exercise general supervision of the administration and enforcem ent of the statute and all rules adopted and orders promulgated under it; to develop a comp rehensive program and provide services for the study, prevention, and abatement of air pollution; to conduct and encourage studies relating to air quality; to collect and disseminate the results of studies relating to ai r quality; to advise, consult, and cooperate with th e cities and towns and other agen cies of the state, federal government, interstate agencies, a nd other affected agencies or gr oups in matters relating to air quality; and, among other authoritie s, to exercise all incidental powers necessary to carry out the purposes of the statute.

• Env-A 600: Statewide Permit System

− Env-A 613.02: Denial of Permit Issuance auth orizes NHDES to deny the issuance of a construction permit if modeling shows that a major source proposing to construct or make

modifications in a nonattainment area will caus e or contribute to a violation of the NAAQS for a pollutant for which that area is in attainment.

− Env-A 619.03: PSD Program Requirements incorporates by reference numerous paragraphs

of 40 CFR 52.21 , including (k)(1), (l), and (m), wh ich require modeling by major sources prior to construction or major modifications.

Additional Information:

NO 2 and other oxides of nitrogen (NOx) are ch emical precursors to ground-level ozone and presumed precursors to fine particle formatio n. In exercising the au thority granted in RSA 125:81 (recodified as RSA 125-C:6 ) , NHDES regularly performs trend analysis for ozone, NO 2 , and PM 2.5 , as well as predictive air quality modeling for ozone and PM 2.5 . New Hampshire is a member of the Ozone Transport Commission and the Mid-Atlantic/Northeast Visibility Union (MANE-VU) and participates in the air quality modeling efforts c onducted by these organizations.

► Subsection 110(a)(2)(L): Permitting Fees

CAA Citation:

"Each such plan shall...“require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover – (i) the reasonable co sts of reviewing and acting up on any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and cond itions of any such permit (not including any court costs or other costs associated with any en forcement action), until such fee requirement is superseded with respect to such sources by th e Administrator's approval of a fee program under

title V.”

Applicable NH Laws and Regulations:

• Env-A 700: Permit Fee System establishes a fee system requiring the payment of fees to coverPage 12 of 12

the reasonable direct and indi rect costs of: reviewing and acting upon applications for the issuance of, amendment to, modification to, rene wal 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 conditi ons of any temporary permit, state permit to operate, or Title V operating permit; administer ing the state permit program; and developing, implementing and administering the Title V ope rating permit program. In particular, Env-A 705 establishes the emission fee program for Title V and non-Title V sources.

Additional Information:

EPA’s full approval of New Hampshire’s title V program became effective on November 23, 2001. New Hampshire’s title V program documentation include d a demonstration that the

state will collect fees from title V sources abov e the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i)

.

► Subsection 110(a)(2)(M): Consultation/Partici pation by Affected Local Entities

CAA Citation:

"Each such plan shall...“provide for consultation and participation by local political subdivisions affected by the plan.”

Applicable NH Laws and Regulations:

• RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In addition to the other powers and duties granted herein, the agency shall ha ve and may exercise the following powers and duties:... V. To advise, consult, and cooperate wi th 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 pollution; VI. To encour age local units to promote cooperation by the people, political subdivisions, i ndustries, and others in preven ting and controlling air pollution in the state; XIII. The agency shall have th e authority to coordinate and regulate the air pollution control programs of civil subdivisions of the state and to enter agreements with said subdivisions to plan or implement programs fo r the control and abatem ent of air pollution;...”

• Env-A 204: Public Hearings on the State Implementation Plan sets forth the procedure for SIP hearings.

### EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REQUIREMENTS

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

The only state requirement for SIP submittals that do not involve rulemaking is that at least 30 days before the date of any public hearing related to SIP revisions, public notice shall be published in a newspaper of general daily statewide circulation. (See Env-A 204.01) Then if a hearing is held, it must be condu cted in accordance with Env-C 205. (See Env-A 204.02) See the Evidence of Public Noti ce and the Certification of Public Hearing for evidence of the plan’s adoption in acco rdance with Env-A 204.

### EVIDENCE OF PUBLIC NOTICE

40 CFR Part 51, Appendix V, 2.1(f)

### CERTIFICATION OF PUBLIC HEARING

40 CFR Part 51, Appendix V, 2.1(g)COMPILATION OF PUBLI C COMMENTS AND NEW HAMPSHIRE’S RESPONSE

THERETO

40 CFR Part 51, Appendix V, 2.1(h)Compilation of Public Comments a nd New Hampshire’s Response Thereto

Comments on the proposed SIP revision and certifi cation of adequacy were received by NHDES from the U.S. Environmental Protection Agency (EPA) in a letter dated January 8, 2013. No other public comments were received. The followi ng lists EPA’s comments and NHDES’s responses

thereto.

Comment : “In light of ongoing litigation, we suggest New Hampshire address the ‘significantly contribute to nonattainment or maintenance in another state’ portion of element D(i), also sometimes referred to as prongs 1 and 2, at a later time. For the reasons explained in the November 19, 2012, EPA memorandum entitled ‘Next Steps for Pending Redesignation Requests and State Implementation Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule,’ at this time, EPA does not plan to make findings with respect to Clean Air Act (CAA) section 110(a)(2)(D)(I), prongs 1 and 2...”

Response : NHDES has revised this section of the document to note that it will await further guidance from EPA before making a submission to address this SIP element.

Comment : “For element G, we recommend that New Hampshire's discussion more explicitly address the emergency episode contingency planning requirements in 40 CFR 51.152. Specifically, we suggest New Hampshire discuss how current NO 2 levels in New Hampshire compare to the definition of Priority III area (in 40 CFR 51.150) and to 40 CFR 51.152(c), whereby Priority III areas do not need to develop episode plans.”

Response : NHDES has revised the section on element G to read as follows:

“The cited law grants NHDES broad statutory authority to address activities causing imminent and substantial endangerment to public health. Under extreme circumstances, emissions of NO 2 and other oxides of nitrogen (NOx) might present an imminent concern for public health because they are chemical precursors to ground-level ozone and presumed precursors to fine particle formation. New Hampshire is classified as Priority I for ozone and Priority III for nitrogen dioxide and fine particulate matter. On this basis, an emergency episode plan is required for ozone, but none is required for NO 2 or PM 2.5 . (See 40 CFR 51.150-51.153

. )

“More specifically, 40 CFR 51.152(c) exempts Priority III areas from the need to develop episode plans. A Priority III region for nitrogen dioxi de is defined in 40 CFR 51.150 as any area in

which ambient concentrations are no greater than 100 μg/m 3 (0.06 ppm), annual arithmetic mean. The following table displays average NO 2 values for four monitori ng sites in New Hampshire over the last decade. As the data show, annual NO 2 levels resided well below the threshold throughout this period.

Avera g e Annual NO 2 Concentrations (ppm) in New Hampshire, 2003-2012

Monitor Location AQS Number 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Manchester 330110020 0.012 0.012 0.011 0.010 0.011 0.011 0.010 0.008 ** **

Peterborough* 330115001 **   0.001 0.001 0.001 0.001 0.001 **  **

Nashua* 330111011 ** 0.003 0.002 0.002 0.003 0.003 ** 0.001 0.002 0.002

Portsmouth 330150014 0.009 0.007 0.007 0.008 0.007 0.007   **  **

* Value is average NO 2 concentration for ozone season only. ** NO 2 was not monitored at this location in this year.

“NHDES procedures in response to elevated ozone levels are discussed in the ozone infrastructure SIP submitted to EPA on December 31, 2012.” “ Comment : “Under element E, recent discussionsbetween EPA and DES staff have revealed that ther e is a citation error on page 6. The final statute cited on page 6 should be RSA 21:O. In addition, the accompanying footnote should indicate that this statute was submitted to EPA as a SIP revision on December 31, 2012.”

Response : The corrected reference to RSA 21:O has been made in the text, and the submission of

this statute as a SIP revision is now noted in footnote 8.

Comment : “Although New Hampshire references Env-A 800 and 900 for meeting CAA section 110(a)(2)(F), the state should consider also referencing the compliance assurance monitoring requirements contained in Env-A 609.06(b)(8) for meeting CAA section 110(a)(2)(F)(i).”

Response : NHDES agrees and has added Env-A 609.06(b)(8) as support for compliance with section 110(a)(2)(F)(i).