EVIDENCE OF THE 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 designee, 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 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 conducted in accordance with Env-C 205. (See EnvA 204.02) See the Evidence of Public Notice and the Certification of Public Hearing for 

evidence of the plan’s adoption 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 shall have and may exercise the following 

powers and duties: 

 I. Exercising general supervision of the administration and enforcement of this chapter 

and all rules adopted and orders promulgated under it; 

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

prevention, and abatement of air pollution; 

 III. Conducting and encouraging studies relating to air quality; 

 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 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; 

 VII. Entering at all reasonable times in or upon any private or public property, except 

private residences, for the purpose of inspecting or investigating any condition which is 

believed to be either an air pollution source or in violation of any of the rules or orders 

promulgated hereunder. Any information, other than emission data, relating to secret 

processes or methods of manufacture or production obtained in the course of such 

inspection or investigation shall not be disclosed by the commissioner without permission 

of the person whose source is inspected or investigated; 

 VIII. Accepting, receiving, and administering grants or other funds or gifts for the 

purpose of carrying out any of the functions of this chapter, including such monies given 

under any federal law to the state for air quality control activities, surveys, or programs; 

 IX. Consulting the air resources council 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 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; 

 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 motor vehicular and other modes of transportation 
when 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 federal regulations, of existing air quality in an 

area classified as a "clean air'' area by state or federal regulations; 

 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; 

 XIV. Establishing and operating a statewide system under which permits shall be 

required for the construction, installation, operation, or modification of air pollution 

devices and sources, which system shall be established pursuant to RSA 125-C:11 and 

the sections which follow. The authority vested in the commissioner by this section shall 

include the power to delay or prevent any construction, modification, or operation of said 

air pollution sources and modifications which, in the opinion of the commissioner, would 

cause the ambient air pollution level in the locality of such construction, modification, or 

operation to exceed limits for ambient concentrations 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 opinion of the commissioner, 

violate any provision of any land use plan established by the New Hampshire state 

implementation plan; 

 XIV-a. Establishing fuel quality standards 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 other manufacture and eligible biomass fuel 

related to the combustion of such materials at stationary sources. The commissioner may 

establish such standards as necessary to maintain statewide compliance with Clean Air 

Act standards and RSA 125-I. 

 XV. Implementing a program of prevention 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 are not less stringent than those 

specified in the Clean Air Act and amendments 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 reliability and accuracy of the network equipment. 

 XVII. Implementing a program to control 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, provided that such limits are not less stringent 

than those established under the Clean Air 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 Division 
 Page 2 of 12 

Certification of State Implementation Plan Adequacy 

Regarding Clean Air Act Section 110(a)(1) and (2) 

for the 2010 1-Hour Nitrogen Dioxide NAAQS 

Purpose 

This document certifies to the U.S. Environmental Protection Agency (EPA) that New Hampshire’s 

State Implementation Plan (SIP) fulfills the “infrastructure” requirements established in sections 

110(a)(1) and (2) of the Clean Air Act (CAA) for nitrogen dioxide (NO2).1

Background 

The CAA requires EPA to set National Ambient Air Quality Standards (NAAQS) for pollutants 

considered harmful to public health and the environment. National standards exist for six criteria 

pollutants: nitrogen dioxide, ozone, particulate matter, carbon monoxide, sulfur dioxide, and lead. 

For each of these pollutants, section 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 welfare from “any known or anticipated adverse effects associated 

with the pollutant in the ambient air,” including effects on vegetation, soils, water, wildlife, 

buildings and national monuments, and visibility. 

On January 22, 2010, EPA strengthened the primary NAAQS for nitrogen dioxide by promulgating 

a revised standard based on 1-hour average concentrations. EPA set the new 1-hour NO2 NAAQS 

at the level of 100 parts per billion (ppb). EPA also retained, with no change, the annual average

NO2 standard of 53 ppb. (See 75 FR 6474.) These changes did not affect the secondary NO2

standard, which was revised under a separate rulemaking. (See 77 FR 20218.)

Section 107(d) of the CAA requires that, after receipt of recommendations from the states and 

within two years after promulgation 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 NO2 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) within three years after promulgation of a new or 

revised NAAQS. Section 110(a)(2) requires states to address basic SIP requirements, including 

emissions inventories, monitoring, and modeling to assure attainment and maintenance of the 

NAAQS. States are required to submit such SIPs for the 2010 1-hour NO2 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 NO2 primary National Ambient Air 

Quality Standards. The following describes in summary form how New Hampshire’s SIP meets 

these requirements with specific reference to subsections 110(a)(2)(A) through (M).

 

1

 Nitrogen dioxide (NO2) 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 group 

of nitrogen oxides. NO2 forms quickly from emissions from cars, trucks and buses, off-road equipment, power plants, 

and agricultural sources. NO2 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 NO2

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

CAA2 Citation: 

"Each such plan shall...include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions or emissions rights), as well as schedules 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 inclusive of all regulations for, the 

control of NO2 and NOx: 

• Env-A 300: Ambient Air Quality Standards3

− Env-A 306.01: Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide 

− Env-A 306.02: Determination of Attainment of NO2 Standard 

− Env-A 306.03: Measurement for NO2 Attainment Determination 

• Env-A 500: Standards Applicable to Certain 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 Deterioration4

• Env-A 700: Permit Fee System

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

• Env-A 2300: Mitigation of Regional Haze

• Env-A 3200: NOx Budget Trading Program

• Saf-C 3200: Official Motor Vehicle Inspection Requirements

− Saf-C 3220: Emissions Requirements 

− Saf-C 3222: On-Board Diagnostic System6

 

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 Department 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 Deterioration, 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: Nitrogen 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 Quality Monitoring/Data System 

CAA Citation: 

"Each such plan shall...provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to (i) monitor, 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 studies relating to air quality. 

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

cooperate with agencies of the federal government.

Additional Information: 

NHDES routinely collects and reports ambient air quality data for NO2 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 later 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 approved this plan on August 29, 2012, with the 

exception of elements related to NCore, PAMS, and NO2 monitoring, which require approval of 

the EPA Administrator. 

The rulemaking that established the NO2 NAAQS also established new ambient air monitoring and 

reporting requirements for NO2, with new monitors to begin operating 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 NO2 monitoring network and to 

implement a phased deployment approach. (See 77 FR 64244.) The revised schedule would 

make the near-road NO2 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 approval authority for annual monitoring network 

plans for NO2 monitoring.

►Subsection 110(a)(2)(C): Program for Enforcement 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 modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national ambient 

air quality standards are achieved, 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 RSA 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 legal 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): Interstate Transport 

CAA Citation: 

"Each such plan shall...contain adequate provisions – (i) prohibiting, consistent with the 

provisions of this title, any source 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 State with respect to any such national primary or 

secondary ambient air quality standard, or (II) 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 to protect visibility, (ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to interstate and international pollution abatement).”

Applicable NH Laws and Regulations: 

• Env-A 619: Prevention of Significant Deterioration protects air quality in downwind NO2

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 memorandum7 to the states, EPA does not intend to make findings with 

respect to section 110(a)(2)(D)(i)(I) while the agency 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 obligations 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 general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority 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 State 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 Court Decision Vacating the 2011 CrossState Air Pollution Rule,” November 19, 2012. 
 Page 6 of 12 

instrumentality for the implementation of any plan provision, the State has responsibility for 

ensuring adequate implementation 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, accept and administer grants, and exercise all 

incidental powers necessary to carry out the law. 

• RSA 21-O:11, I Statement of Purpose and Findings8

 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. 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 organizations, (b) manpower, (c) funding, (d) physical resources, and 

(e) local agencies as required under subsection 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 prescribed 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 monitor 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 pursuant to this Act, which reports shall 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 emission 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 any 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 statutes and rules. This 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 Testing 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 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 NHDES for the 

purposes of demonstrating compliance, compiling emission inventories, and developing air 

related strategic plans. This chapter 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 Recordkeeping Requirements 

− Env-A 907: General Reporting Requirements 

− Env-A 909: NOx Emission Statements 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 which a person who submits information to the 

director can protect confidential information, 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 that 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 director 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 director shall 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 NO2 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 
 Page 8 of 12 

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 NO2 or PM2.5. (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 dioxide is defined in 40 CFR 51.150 as any area in 

which ambient concentrations are no greater than 100 μg/m3 (0.06 ppm), annual arithmetic mean. 

The following table displays average NO2 values for four monitoring sites in New Hampshire 

over the last decade. As the data show, annual NO2 levels resided well below the threshold 

throughout this period. 

NHDES procedures in response to elevated ozone levels are discussed in the ozone infrastructure 

SIP submitted to EPA on December 31, 2012.

Average Annual NO2 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 NO2 concentration for ozone season only. ** NO2 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 implements or to otherwise comply with any 

additional requirements established 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 have and may exercise the following powers and 

duties:...II. To develop a comprehensive program 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 revisions 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 applicable requirements of part D (relating to nonattainment areas).” 

Applicable NH Laws and Regulations: See below.

Additional Information: 

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

to address subsection 110(a)(2)(I); nonattainment area plans required under part D follow a 

different schedule from the section 110 infrastructure 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 NO2 NAAQS. 

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

CAA Citation: 

"Each such plan shall...meet the applicable 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 have and may exercise the following powers and 

duties:... V. To advise, consult, and cooperate 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 pollution; VI. To encourage local units to promote cooperation by the 

people, political subdivisions, industries, and others in preventing and controlling air pollution 

in the state; XIII. The agency shall have the 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 for the control and abatement 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 notice 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 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. 

• 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.

 

9

 EPA Memorandum, Stephen D. Page to Regional Air Division Directors, “Guidance on Infrastructure State 

Implementation Plan (SIP) Elements Required Under Sections 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 have 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 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 encourage local units to promote cooperation by the people, political 

subdivisions, industries, and others in preventing and controlling air pollution in the state; . . .” 

Additional Information: 

NO2 and other oxides of nitrogen (NOx) are chemical precursors to ground-level ozone and 

presumed precursors to fine particle formation. On days when ambient ozone or PM2.5

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. NHDES 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 state 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 requirements of...part C (relating 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 modified stationary sources. 

• Env-A 619: Prevention of Significant Deterioration addresses PSD and visibility 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 the 
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Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established 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 enforcement of the statute and all rules adopted and 

orders promulgated under it; to develop a comprehensive 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 air quality; to advise, 

consult, and cooperate 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; and, among other authorities, 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 authorizes 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 cause 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), which require modeling by major sources 

prior to construction or major modifications. 

Additional Information: 

NO2 and other oxides of nitrogen (NOx) are chemical precursors to ground-level ozone and 

presumed precursors to fine particle formation. In exercising the authority granted in RSA 

125:81 (recodified as RSA 125-C:6), NHDES regularly performs trend analysis for ozone, NO2, 

and PM2.5, as well as predictive air quality modeling for ozone and PM2.5. 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 conducted 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 costs of reviewing and acting upon 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 conditions of any such permit (not including any 

court costs or other costs associated with any enforcement action), until such fee requirement is 

superseded with respect to such sources by the 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 cover 
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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. 

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 included a demonstration that the 

state will collect fees from title V sources above the presumptive minimum in accordance with 

40 CFR 70.9(b)(2)(i).

►Subsection 110(a)(2)(M): Consultation/Participation 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 have and may exercise the following powers and 

duties:... V. To advise, consult, and cooperate 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 pollution; VI. To encourage local units to promote cooperation by the 

people, political subdivisions, industries, and others in preventing and controlling air pollution 

in the state; XIII. The agency shall have the 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 for the control and abatement 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 conducted in accordance with Env-C 205. 

(See Env-A 204.02) See the Evidence of Public Notice and the Certification of Public 

Hearing for evidence of the plan’s adoption in accordance 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 PUBLIC COMMENTS AND NEW HAMPSHIRE’S RESPONSE 

THERETO

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

Comments on the proposed SIP revision and certification 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 following 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 NO2 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 NO2 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 NO2

or PM2.5. (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 dioxide is defined in 40 CFR 51.150 as any area in 

which ambient concentrations are no greater than 100 μg/m3

 (0.06 ppm), annual arithmetic mean. 

The following table displays average NO2 values for four monitoring sites in New Hampshire 

over the last decade. As the data show, annual NO2 levels resided well below the threshold 

throughout this period. 

Average Annual NO2 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 NO2 concentration for ozone season only. ** NO2 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 discussions 
between EPA and DES staff have revealed that there 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).