ES 

The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

April3, 2008 

David Conroy 

EPA -New England, Region I 

1 Congress Street, Suite II 00 

Boston, MA 02114-2023 

Dear Mr. Conroy: 

As you are aware, sections 110(a) (1) and (2) of the Clean Air Act (CAA) provide procedural, 

timing and infrastructure requirements related to compliance with the National Ambient Air 

Quality Standards (NAAQS). In 2005, the U.S. Environmental Protection Agency (EPA) 

entered into a Consent Decree with Earth Justicewhich obligates EPA to determine whether 

states have made submissions necessary to meet the I10(a) (1) and (2) requirements for the fine 

particulate matter (PMz.s) NAAQS by October 5, 2008. To meet this obligation, EPA issued a 

guidance memo on October 2, 2007 directing states to review existing State Implementation 

Plans (SIPs) and, if the existing fine particulate matter SIP is adequate to meet the 110(a) 

requirements, to certify that adequacy in a letter to EPA. This letter will serve as the 

certification for New Hampshire. 

The guidance memo identifies fourteen elements required by sections 11 O(a) (1) and (2). Those 

elements and the sections of the New Hampshire program that are consistent with those 

elements are identified in the attached table. The New Hampshire SIP was originally submitted 

to EPA on January 27, 1972 and has had numerous revisions since that date. New Hampshire's 

EPA approved SIP, which is published in the Code of Federal Regulations at 40 CFR 52 

Subpart EE, explicitly fulfills most of the requirements of sections 11 O(a) (1) and (2). Other 

section 110( a) (1) and (2) requirements are fulfilled in applicable chapters and parts from the 

New Hampshire Revised Statutes Annotated (RSA) pertaining to the duties and powers of the 

Commissioner ofthe Department of Environmental Services (NHDES) as well as applicable 

chapters and parts from the New Hampshire Rules Governing the Control of Air Pollution, NH 

Administrative Rules Env-A 100 et seq. 

If you have any questions, please contact me at (603) 271-1088 or Charles H. Martone ofmy 

staff at (603) 27I-1089. 

Sincerely, 

~tltJii!r Robert R. Scott 

Director 

Air Resources Division 

Cc: Anne Arnold, EPA New England, Region I 

Jeffrey T. Underhill, DES 

Andrew M. Bodnarik, DES 

Charles H. Martone, DES 

DES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964 
Certification of State Implementation Plan Adequacy 

Regarding Clean Air Act Section llO(a)(l) and (2) 

for Fine Particulate Matter (PM 2.5) 

April2008 

Prepared by 

The New Hampshire 

Department of Environmental Services 
Certification of New Hampshire's State Implementation Plan Adequacy 

Regarding Clean Air Act Sections 11 O(a)( 1) and (2) 

for Fine Particulate Matter (PM 2.

5) 

The purpose of this document is to provide the U.S. Environmental Protection Agency 

(EPA) with certitication that New Hampshire's State Implementation Plan (SIP) for air quality 

meets "infrastructure .. requirements of sections I I 0( a)( I) and (2) of the Clean Air Act (C AA) for 

fine particulate matter (Pi'vh5). As stated in a December 20. 2007, letter to Thomas Burack. 

Commissioner, Ne>v Hampshire Department of Environmental (NHDES), from Stephen D. Page. 

Director, EPA Oftice of Air Quality Planning and Standards. EPA expects states to make SIP 

submissions for P1'vb; by April 4, 2008. 

This certification is submitted in response to ne\\. and revised National Ambient Air 

Quality Standards (NAAQS) for 8-hour ozone and fine particulate matter promulgated by EPA 

on July 18, 1997. With respect to the revised 8-hour ozone standard, Nev"· Hampshire's 

certification of SIP adequacy \vas contained in a previous submittal to EPA on December 14, 

2007. The present certification of SIP adequacy is for the 1997 standard for fine 

particulate matter, (PJ\Ih5). 

Background 

EPA established primary (health-based) standards for annual and 24-hour PM~ 5 on the 

referenced promulgation date. PM2s is defined as particles with an aerodynamic diameter less 

than or equal to a nominal 2.5 micrometers. The annual standard was set at a level of 15 

micrograms per cubic meter, as determined by the 3-year average of annual mean PM2.5. The 

24-hour standard was set at a level of 65 micrograms per cubic meter, as determined by the 3-

year average of the 98th percentile of the 24-hour concentrations. (Note: EPA subsequently 

revised both the 8-hour-ozone and particulate matter standards to make them more stringent than 

the 1997 standards. The present submittal relates to the 1997 Pivh.5 standards only. SIP 

submittals addressing the more recent revisions to the 8-hour ozone and particulate matter 

standards will be due at a later date.) 

In an October 2, 2007, memorandum from William Harnett, Director of EPA's Air 

Quality Policy Division, EPA provided guidance on SIP elements required under section 

II O(a)(l) and (2). As described in that memo, states are required to address basic SIP elements, 

including emissions inventories, monitoring, and modeling to assure attainment and maintenance 

of the standards. By statute, SIPs meeting the requirements of sections llO(a)(l) and (2) are to 

be submitted by states within 3 years after promulgation of a new or revised standard. This 

being the case, states were required to submit such SIPs for the 1997 revised 8-hour ozone and 

Pivb; NAAQS to EPA no later than July 2000. However. intervening litigation over the 1997 

revised 8-hour ozone and PM~ 5 NAAQS created uncettainty among states about how to proceed, 

with the result that many states did not submit SIPs to meet the infrastructure requirements 

enumerated in sections 11 O(a)(l) and (2). 

In March of2004, Earth Justice initiated a lawsuit against EPA for t~tilure to take action 

against states that had not made SIP submissions to meet the requirements of sections 11 O(a)(l) 

and (2). On March I 0, 2005, EPA entered into a Consent Decree with Earth Justice that 

obligated EPA to determine by no later than March 15, 2005, whether states had made SIP 

submissions meeting CAA section ll0(a)(2)(D)(i) relating to interstate transport. Subsequently, 
on April 25, 2005, EPA published in the Federal Register' a finding that all states had failed to 

submit new SIPs addressing interstate transport for the 1997 revised 8-hour ozone and PM2.s 

NAAQS. 

The Consent Decree also obligated EPA to make a determination as to whether states had 

made submissions meeting the remaining requirements of sections IIO(a)(l) and (2) by December 

15, 2007, for the 8-hour ozone NAAQS, and by October 5, 2008, for the PM2.s NAAQS. As 

indicated in the Harnett memorandum of October 2, 2007, to the extent that existing SIPs for 

ozone and particulate matter already satisfy these requirements, states need only to certify that 

fact to EPA. 

Previous Submittals 

NHDES has previously made the following submittals to EPA to demonstrate compliance 

with CAA sections IlO(a)(l) and (2) and corresponding EPA guicfance:. 

• On December I4, 2007, NHDES submitted a certification of SIP adequacy addressing 

the requirements of sections IIO(a)(l) and (2) for the 1997 revised 8-hour ozone standard. 

• On March II, 2008, NHDES submitted a SIP revision to EPA to fulfill the requirements 

of the Finding of Failure anq section II O(a)(2)(D)(i) relating to interstate transport. 

Current Submittal 

As described in the accompanying table, the present submittal outlines how New Hampshire's 

program fulfills the requirements ofCAA sections I IO(a)(l) and (2) for fine particulate matter 

(PM2.5). NHDES certifies that its State Implementation Plan already meets most of these 

requirements. The New Hampshire SIP was originally submitted to EPA on January 27, 1972, 

and has had numerous revisions since that date. New Hampshire's EPA-approved SIP, which is 

published in the Federal Register at 40 CFR 52 Subpart EE, explicitly fulfills most of the 

requirements of sections IIO(a)(l) and (2). Other requirements of sections IIO(a)(l) and (2) are 

fulfilled in applicable chapters and parts from the New Hampshire Revised Statutes Annotated 

(RSA) pertaining to the duties and powers ofthe Commissioner ofthe Department ofEnvirorunental 

Services (NHDES) as well as applicable chapters and parts from the New Hampshire Rules 

Governing the Control of Air Pollu.tion, NH Admin. Rules Env-A I 00 et seq. 

1 Finding ofF ailure to Submit Section II 0 State Implementation Plans for Interstate 71-ansportfor I he Nalional 

Ambient Air QualiO' Standards fur 8-Hour Ozone and PM25, 70 FR 21147 (April 25, 2005). 

2 
Overview of How New Hampshire's Program Satisfies the CAA Section 

11 O(a)(1) and (2) SIP Requirements for Fine Particulate Matter (PM 2.sf 

SIP Requirement CAA Section New Hampshire Program (Each such plan shall ... ) 

11 0( a)(2 )(A) "include enforceable emission RSA 21-0 Department of Environmental Services and 

Emission limits and limitations and other control RSA 125-C Air Pollution Control. Powers of the 

other control measures. means, or techniques Commissioner. Regulations. Fees. General Permits. 

measures (including economic incentives such 

/ as fees, marketable permits, and New Hampshire Code of Administrative Rules, 

auctions of emissions rights), as Department of Environmental Services (Env-A 100- 4300): 

well as schedules and timetables for The following chapters and parts have general and specific 

compliance as may be necessary or applicability to sources of particulate matter emissions. 

appropriate to meet the applicable including NOx, S02, and VOCs as precursors to particulate 

requirements of this Act;" matter: 

CHAPTER Env-A 300 Ambient Air Quality Standards 

- Part Env-A 303 Primary and Secondary Ambient Air 

Quality Standards for Particulate Matter 

I 

- Part Env-A 304 Primary and Secondary Ambient Air 

Quality Standards for Sulfur Dioxide 

I - Part Env-A 306 Primary and Secondary Ambient Air 

Quality Standards for Nitrogen Dioxide 

CHAPTER Env-A 400 Acid Deposition Control Program, 

eff. 12-22-04 

CHAPTER Env-A 500 Standards Applicable to Certain 

New or Modified Facilities and Sources of Hazardous Air 

Pollutants, eff. 4-5-02, 12-31-05, and 4"27 -07 

- Part Env-A 503 New Source Performance Standards 

CHAPTER Env-A 600 Statewide Permit System, eff. 4-26-03, 

7-28-04, and 6-8-06 

- Part Env-A 606 Air Pollution Dispersion Modeling Impact 

Analysis Requirements 

-Part Env-A 618 (formerly Env-A 622) Additional 

Requirements in Non-Attainment Areas and the New 

Hampshire Portion of the Northeast Ozone Transport Region 

-Part Env-A 619 (formerly Env-A 623) Prevention of 

Significant Deterioration (PSD) of Air Quality Permit 

Requirements 

CHAPTER Env-A 700 Permit Fee System, eff. 4-26-03 and 

6-26-04 

- Part Env-A 702 Application Review and Modeling Fees 

I - Part Env-A 703 Permit Review Fees 

I -Part Env-A 704 Testing and Monitoring Fees for 

Temporary Permits 

-Part Env-A 705 Emission-Based Fee 

-CONTINUED 

• CAA refers to the Clean Air Act. 

RSA refers to the New Hampshire Revised Statutes Annotated. 

Env-A refers to New Hampshire Code of Administrative Rules (New Hampshire Rules Governing the Control of Air Pollution) 

CFR refers to the U.S. Code of Federal Regulations. 

NHDES refers to the New Hampshire Department of Environmental Services. 

3 

I 

I 

i 

I 

I 
CAA Section SIP Requirement I New Hampshire Program (Each such plan shall ... ) 

CONTINUEDCHAPTER Env-A 800 Testing And Monitoring Procedures. 

eff. 10-31-02, 12-22-04, and 4-27-07 

-Part Env-A 802 Compliance Stack Testing for Stationary 

Sources 

- Part Env-A 803 NOx RACT Testing Requirements 

-Part Env-A 804 Volatile Organic Compound-Testing 

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

- Part Env-A 806 Sulfur Content Testing of Fuels 

-Part Env-A 807 Testing for Opacity of Emissions 

' . 

- Part Env-A 808 Con"tinuous Emission Monitoring 

- Part Env-A 809 Approval of Alternate Methods 

CHAPTER Env-A 1000 Prevention, Abatement, and 

Control of Open Source Air Pollution, eff. 3-12-03 

-Part Env-A 1001 Open Burning 

-Part Env-A 1002 Fugitive Dust 

-Part Env-A 1003 Firefighter Instruction and Training 

Activities 

CHAPTER Env-A 1100 Prevention, Abatement, and 

Control of Mobile Source Air Pollution, eft. 3-26-05 

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

Vehicles 

CHAPTER Env-A 1200 Prevention, Abatement, and 

Control of Stationary Source Air Pollution 

-Part Env-A 1204 Stationary Sources of Volatile Organic 

Compounds (VOCs} 

- Part Env-A 1211 Nitrogen Oxides (NOx} 

CHAPTER Env-A 1600 Fuel Specifications (formerly 

incorporated into CHAPTER Env-A 400), eff. 5-29-97, 5-2-02, 

4-23-05, and 4-27-07 

-Parts Env-A 1604 thru 1606 Sulfur Content Limitations 

for Fuels 

-Part Env-A 1607 Fuel Analysis Requirement for Suppliers 

of Liquid or Solid Fuel 

-Part Env-A 1610 Compliance 

-Part Env-A 1611 Oxygen-Flexible Reformulated Gasoline 

CHAPTER Env-A 1900 Incinerators and Wood Waste 

Burners (formerly Part Env-A 1201 }, eff. 2-26-05 

-Part Env-A 1903 Visible Emission Standard for 

Incinerators. and Wood Waste Burners 

-Part Env-A 1904 Particulate Matter Emission Standards 

for Incinerators and Wood Waste Burners 

-CONTINUED 

4 
CAA Section SIP Requirement 

(Each such plan shall...} New Hampshire Program 

CONTINUEDCHAPTER Env-A 2000 Fuel Burning Devices (formerly 

Part Env-A 1202), etf. 4-23-05 

- Subparts Env-A 2002.01 thru 2002.05 Visible Emission 

Standards for Fuel Burning Devices and Opacity Standard 

for Fuel Burning Devices Subject to 40 CFR 60 

-Subparts Env-A 2002.06 thru 2002.10 Particulate 

Emission Standards for Fuel Burning Devices 

CHAPTER Env-A 2100 Particulate Matter and Visible 

Emissions Standards (formerly Part Env-A 1203), etf. 11-24-04 

CHAPTER Env-A 2400 Ferrous and Non-Ferrous 

Foundries, Smelters and Investment Casting Industries 

(formerly Part Env-A 1205), eff. 11-24-04 

CHAPTER Env-A 2500 Pulp and Paper Industry: 

Particulate Matter and Visible Emissions Standards 

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

CHAPTER Env-A 2600 Pulp and Paper Industry: Total 

Reduced Sulfur Emissions From Kraft Mills, etf. 12-9-04 

CHAPTER Env-A 2700 Hot Mix Asphalt Plants (formerly 

Part Env-A 1207), eff. 11-24-04 

CHAPTER Env-A 2800 Sand and Gravel Sources, and 

Cement and Concrete Sources (formerly Part Env-A 

1208), eff. 11-24-04 

CHAPTER Env-A 2900 Multiple Pollutant Annual Budget 

Trading and Banking Program, eff. 5-13-03 

CHAPTER Env-A 3000 Emissions Reduction Credits 

Trading Program, eff. 1-21-97 

CHAPTER Env-A 3100 Discrete Emissions Reduction 

Trading Program, eff. 1-21-97 

CHAPTER Env-A 3200 NOx Budget Trading Program 

CHAPTER Env-A 3300 Municipal Waste Com~ustion, eff. 

2-2-08 

CHAPTER Env-A 3400 Commercial and Industrial Solid 

Waste Incinerators, eff. 5-2-02 

CHAPTER Env-A 3500 Hospital/Medical/Infectious Waste 

Incineration, eff. 1-5-07 

CHAPTER Env-A 3600 National Low Emission Vehicle 

(National LEV) Program 

CHAPTER Env-A 3700 NOx Emissions Reduction Fund 

for NOx-Emitting Generation Sources, eff. 12-20-01 and 

3-26-05 

CHAPTER Env-A 4000 Portable Fuel Container Spillage 

Control, eff. 1-9-08 

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

CHAPTER Env-A 4200 Architectural and Industrial 

Maintenance Coatings, eff. 7-27-06 

CHAPTER Env-A 4300 Other Solid Waste Incineration, 

eff 1-5-07 

-CONTINUED 

5 
CAA Section SIP Requirement New Hampshire Program (Each such plan shall ... ) 

CONTINUEDNew Hampshire Code of Administrative Rules, 

Department of Safety (Saf-C 100 - 6700): The following 

chapters and parts nave applica~ility to vehicular sources of 

particulate matter emissions, including NOx. S02, and VOCs 

as precursors to particulate matt~r: 

CHAPTER Saf-C 3200 Official Motor Vehicle Inspection 

Requirements, eff. 6-22-07, provides for the inspection of 

passenger cars, trucks, combination vehicles. trailers and 

semi-trailers, motorcycles, farm and agricultural vehicles. 

antique vehicles and motorcycles, recreation vehicles. street 

rods, and homemade vehicles. 

Part Saf-C 3220 Emissions Requirements: The following 

subparts provide for inspection of motor vehicle components: 

- Saf-C 3220.01 Positive Crankcase Ventilation (PCV) 

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

- Saf-C 3220.03 Inspection of Fuel System 

- Saf-C 3220.04 Evaporative Canister 

- Saf-C 3220.05 Inspection of Exhaust System 

- Saf-C 3220.06 Replacement Parts 

CHAPTER Saf-C 5800 Roadside Diesel Opacity 

Inspection, eff. 1-1-99, implements a roadside heavy-duty 

diesel ~mi$sions testing program mandated by the New 

Hamp~hire Legislature as PC!rt 1998 NH Laws 207. The law 

was passed pursuant to the State's agreement with the 

Federal Environmental Protection Agency on an overall 

clean air strategy under the provisions of the federal Clean 

Air Act Amendments of 1990. The rules apply to all diesel 

powered motor vehicles with a manufacturer's gross vehicle 

weight rating of 10,000 pounds or more and all dieselpowered buses· manufactured to carry 25 or more 

passengers, whether these vehicles are registered in New 

Hampshire or another jurisdiction. 

11 0( a)(2)(8) "provide for establishment and 40 CFR Part 58 Ambient Air Quality Surveillance: 

Ambient air quality operation of appropriate devices, In accordance with this part, NHDES submitted a 

monitoring/data methods, systems, and procedures comprehensive air quality monitoring plan to EPA on July 17, 

system necessary to - 2007. The latest annual air monitoring network plan was 

(i) monitor, compile, and analyze also submitted to EPA on July 17, 2007 with the 

data on ambient air quality, and comprehensive air quality monitoring plan. NHDES collects 

(ii) upon request, make such data and reports ambient. air quality data for 0 3, 502, N02, Pb, CO, 

PM, 0 and PM2.s. The data are reviewed and validated before available to the Administrator;" being sent to the EPA air quality system AQS, no later than 

90 days after the end of a calendar quarter. 

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

- RSA 125-C:6, IV authorizes the Commissioner to collect 

and disseminate the results of studies relating to air quality. 

- RSA 125-C:S, V authorizes the Commissioner to consult 

and cooperate with agencies of the federal government. 

RSA 125-C:S, XVI authorizes the Commissioner to establish an 

air quality monitoring equipment replacement program to 

provide for sufficient annual replacement to meet federal 

Environmental Protection Agency guidelines and to assure the 

reliability and accuracy of the network equipment. 

6 
CAA Section I SIP Requirement New Hampshire Program I [ (Each such plan shall ... ) I 

11 O(a)(2)(C) ! "include a program to provide for the RSA 125-C:4 Rulemaking Authority; Subpoena Power: 

Program for enforcement of the measures - RSA 125-C :4, I authorizes rulemaking to control 

enforcement of described in subparagraph (A), and emissions and establish a permit program. 

control measures regulation of the modification and 

construction of any stationary RSA 125-C:11 Permit Required provides for a permit 

source within the areas covered by program, permits with enforceable emission limits, and 

the plan as necessary to assure that emission control measures. 

national ambient air quality RSA 125-C:15 Enforcement: 

standards are achieved, including a - RSA 125-C:15, I authorizes NHDES to issue orders to permit program as required in parts correct violations RSA 125-C. 

C and D:" - RSA 125-C:15, 1-b, II, Ill and IV provide for penalties for 

violations of RSA 125-C. 

These statutes establish legal authority for the en.forcement 

of New Hampshire Rules Governing the Control of Air 

Pollution (Env-A 100- 4300). 

11 O(a)(2)(0) "contain adequate provisions - Revision to the New Hampshire State Implementation Plan: 

Interstate transport (i) prohibiting, consistent with the On March 11, 2008, NHDES submitted a SIP revision to EPA 

provisions of this title, any source addressing interstate air pollution transport to fulfill the 

or other type of emissions activity requirements of CAA section 11 O(a)(2)(D)(i). 

within the State from emitting any RSA 125-C:G. XV and Part Env-A 619 address the air pollutant in amounts which will 

(I) contribute significantly to prevention of significant deterioration (PSD) of ambient air 

quality in relation to interstate transport of pollutants and nonattainment in, or interfere protection of air quality in Class I international parks- see 

with maintenance by, any other program description for CAA section 11 O(a)(2)(J). 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 

I 

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):" 

I 

7 
CAA Section SIP Requirement New Hampshire Program (Each such plan shall ... ) 

110(a)(2)(E) "provide- RSA 125-C:6 Powers and Duties of the Commls•loner 

Adequate (i) necessary assurances that the authorizes the NHDES Commissioner to enforce the state's 

resources State (or, except where the air laws, establish a permit program, accept and administer 

Administrator deems inappropriate. grants, and exercise all incidental powers necessary to carry 

the general purpose local out the law. 

government or governments, or a RSA 125-C:12 Administrative Requirements authorizes 

regional agency designated by the the Commissioner to collect fees to recover the costs of 

State or general purpose local reviewing and acting upon permit applications and enforcing governments for such purpose) will the terms of permits issued. -- have adeque~te personnel, funding, 

and authority under State (and, as The State of New Hampshire Air Quality Implementation 

appropriate, local) law to carry out Plan, as originally submitted on January 27, 1972, and 

such implementation plan (and is subsequently amended, describes the existing organizations. 

not prohibited by any provision of manpower. funding, and physical resources to carry out the plan. -· Federal or State law from carrying RSA 21-0:11 Air Resources Council establishes the NH 

out such implementation plan or Air Resources Council, a state board that has the authority to 

portion thereof), hear enforcement and permit appeals. The Council consists 

(ii) requirements that the State comply of 11 members, 6 of whom must represent the public 

with the requirements respecting interest. Those representing the public interest may not 

State boards under section 128, and derive any significant portion of their income from persons 

(iii) necessary assurances that, subject to permits or enforcement orders, and may not serve 

where the State has relied on a as attorney for, act as consultant for, serve as officer or 

local or regional government, director of, or hold any other official or contractual relationship 

agency, or instrumentality for the with any person subject to permits or enforcement orders. 

implementation of any plan provision, The State of New Hampshire does not rely on any local or 

the State has responsibility for regional government, agency, or instrumentality for the 

ensuring adequate implementation implementation of any provision of the SIP. 

of such plan provision;" 

8 
CAA Section 

110(a)(2)(F) 

Stationary source 

emissions 

monitoring and 

reporting 

SIP Requirement 

(Each such plan shall ... ) 

"require, as may be prescribed by 

the Administrator -

New Hampshire Program 

(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, 

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

authorizes the Commissioner to require owners or operators 

of stationary sources to install, maintain. and use emission 

monitoring devices and to make periodic reports to the 

Commissioner on the nature and amounts of emissions from 

1 such stationary sources. The Commissioner shall have the i authority to make such data available to the public and to require 

as necessary correlation with any applicable emission standards 

(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;" 

CHAPTER Env-A 800 Testing and Monitoring Procedures, 

eft. 10-31-02, 12-22-04, and 4-27-07, establishes minimum 

testing and monitoring procedures, calculation procedures. 

standards, and requirements in order to determine 1 compliance with applicable state and federal statutes and 

rules. Applicable parts include: 

- Part Env-A 802 Compliance Stack Testing for Stationary 

Sources 

- Part Env-A 803 NOx RACT Testing Procedures 

-Part Env-A 804 Volatile Organic Compound Testing 

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

- Part Env-A 806 Sulfur Content Testing of Fuels 

-Part Env-A 807 Testing for Opacity of Emissions 

- Part Env-A 808 Continuous Emission Monitoring 

- Part Env-A 809 ·Approval of Alternate Methods 

CHAPTER Env-A 900 Owner or Operator Recordkeeping 

and Reporting Obligations, eff. 4-21-07, 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. Applicable parts include: 

- Part Env-A 902 Availability of Records 

- Part Env-A 903 General Recordkeeping Requirements 

- Part Env-A 904 VOC Emission Statements Recordkeeping 

Requirements 

- Part Env-A 905 NOx Emission Statements Recordkeeping 

Requirements 

- Part Env-A 906 Additional Recordkeeping Requirements 

- Part Env-A 907 General Reporting Requirements 

- Part Env-A 908 VOC Emission Statements Reporting 

Requirements 

- Part Env-A 909 NOx Emission Statements Reporting 

Requirements 

- Part Env-A 910 Additional Reporting Requirements 

- Part Env-A 911 Recordkeeping and Reporting 

Requirements for Permit Deviations 

- Part Env-A 912 Alternative Time Periods 

Subpart Env-A 902.01 (d) reads: "Subject to Env-A 103, all 

data submitted to the division, including emission data and 

applicable emission limitations, shall be made available to 

the public." Env-A 103 provides a mechanism by which a 

person who submits information to the director can protect 

confidential information, to the extent permitted under RSA 

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

considered confidential information. 

9 
CAA Section 

11 O(a)(2)(G) 

Emergency power 

11 O(a)(2)(H) 

Future SIP 

revisions 

11 O(a)(2)(J) 

Consultation with 

government 

officials 

SIP Requirement 

(Each such plan shall...) 

"provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement such 

authority;• 

"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 tYc!sis 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;" 

"meet the applicable requirements of 

section 121 (relating to 

consultation) .... • 

New Hampshire Program 

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

- RSA 125-C: 4, I states in part: "The commissioner shall adopt 

rules under RSA 541-A. relative to: ... (c) procedures to meet 

air pollution emergencies. as authorized by RSA 125-C:9. • 

RSA 125-C:9 Authority of the Commissioner In Cases of 

Emergency states: "Whenever the commissioner finds that an 

air pollution emergency exists requiring immediate action to 

protect the public health, welfare. or safety, he may with consent 

of the governor and council issue an order reciting the existence 

of such an emergency and requiring that such action be taken 

as he deems necessary to meet the emergency. Such order 

shall be effective immediately. Any person to whom such an order 

is directed ~hall comply therewith. The commissioner shall rescind 

or abate such order a's sdon as the emergency ceases to exist." 

Note: Based on EPA guidance issued March 24, 2008, and 

PM2.

5 levels recorded in the state, New Hampshire will not be 

required to submit an emergency episode plan for P~ . 

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

states: "In addition to the other powers and duties granted 

herein, the commissioner shall have and may exercise the 

following powers and duties: ... II. Developing a comprehensive 

program and provide services for the study, prevention and 

abatement of air pollution ... • 

In addition to this legal authority, CHAPTER Env-A 200 

Procedural Rules, Part Env-A 204 Public Hearings on the 

State Implementation Plan provides procedures for State 

Implementation Plan hearings. 

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

states: "In addition to the other powers and duties granted 

herein. the commissioner shall have and may exercise the 

following powers and duties: ... 

V. Advising, consulting. and cooperating with the cities and 

towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in 

matters relating to air quality; 

VI. Encouraging local units to promote cooperation by the 

people, political subdivisions, industries. and others in 

preventing and controlling air pollution in the state; 

VI-a. Encouraging the recycling of waste oil by allowing qualified 

marketers to sell, and qualified facilities to burn, a mixture that 

consists of at least 90 percent virgin No. 6 oil and the remainder 

complying with the used fuel oil specifications in 40 CFR, 

section 279.11, table 1 ; ... 

XIII. Coordinating and regulating the air pollution control 

programs of political subdivisions -Of the state and entering 

agreements with said subdivisions to plan or implement 

programs for the control and abatement of air pollution .. _" 

-CONTINUED 

10 
CAA Section SIP Requirement New Hampshire Program (Each such plan shall. .. ) 

CONTINUEDI 

I 

CHAPTER Env-A 600 Statewide Permit System: 

- Part Env-A 621 Permit Notice and Hearing Procedures: 

I Temporary Permits and Permits to Operate (formerly 

incorporated into CHAPTER Env-A 208) specifies the public 

notice and hearing procedures that apply to all applications 

for the issuance of. amendment to. or denial of temporary I 

permits and permits to operate. 

- Part Env-A 622 Permit Notice and Hearing Procedures: 

Title V Operating Permits (formerly incorporated into 

CHAPTER Env-A 200) specifies the public notice and 

hearing procedures that apply to all applications for the 

I 

issuance. significant modification to or renewal of Title V 

operating permits files with the department and all requests 

for Title V operating permit re-openings. 

CHAPTER Env-A 1500 Conformity provides for consultation 

with local agencies and planning commissions with respect to 

transportation conformity and the conformity of federal actions 

related to transportation projects. 

110(a)(2)(J) Public "meet the applicable requirements RSA 125-C:6 Powers and Duties of the Commissioner 

notification of ... section 127 (relating to public states: "In addition to the other powers and duties granted 

notification) .... " herein, the commissioner shall have and may exercise the 

following powers and duties: ... 

IV. Collecting and disseminating the results of studies relating 

to air quality; 

V. Advising, consulting, and cooperating with the cities and 

towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in - matters 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; ... " 

RSA 125-C:12 Administrative Requirements states: 

" ... II. The commissioner shall act upon a permit application 

within a reasonable period of time. Prior to such action, the 

commissioner shall provide notice of the application by 

publication in at least one newspaper of general circulation. 

The commissioner shall also provide an opportunity for a 

hearing to interested persons. The requirement of public notice 

and hearing shall not apply to such devices or sources that will 

have, in the opinion of the commissioner, an insignificant effect 

on air quality. The commissioner may adopt rules relative to 

the requirements of public notice and hearing for such devices 

or sources. 

Ill. Any person aggrieved by the decision of the commissioner 

granting or denying a permit application may within 1 0 days of 

the decision file an appeal with the air resources council. The 

air resources council shall hold a hearing on any such appeal 

promptly, and shall thereafter issue a decision upholding. 

modifying or abrogating the commissioner's decision ... 

In implementing this authority, NHDES issues press releases in 

advance of bad PM2 5 and ozone days. NHDES also posts 

warnings on its website, advising people what they can do help 

prevent NAAQS exceedances and avoid adverse health effects 

of poor quality air days. 

II 
• 

CAA Section SIP Requirement New Hampshire Program (Each such plan shall .•. ) 

11 O(a)(2)(J) "meet the applicable requirements RSA 125-C:& Powers and Duties of the Commissioner 

PSD and visibility of ... part C (relating to prevention of states: "In addition to the other powers and duties granted 

Protection significant deterioration of air quality herein. the commissioner shall have and may exercise the 

and visibility protection);" following powers and duties: ... 

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; ... " 

CHAPTER Env-A 600 Statewide Permit System, Part Env-

. A 619 (formerly Env-A 623) Prevention of Significant 

Deterioration (PSD) of Air Quality Permit Requirements 

addresses the prevention of significant deterioration of air 

quality and visibility protection, in compliance with the 

requirements of 40 CFR 51.166, 40 CFR 52.21 and RSA-125-C. 

11 O(a){2)(K) "provide for - CHAPTER Env-A 600 Statewide Permit System, Part EnvAir quality (i) the performance of such air A 606 Air pollution Dispersion Modeling Impact Analysis 

modeling/data quality modeling as the Requirements, eff. 4-26-03, specifies the air pollution 

Administrator may prescribe for the dispersion modeling impact analysis requirements that shall 

purpose of predicting the effect on apply to owners and operators of certain sources and 

ambient air quality of any emissions devices in order to demonstrate compliance with the New 

of any air pollutant for which the Hampshire S~ate Implementation Plan, RSA 125-C, RSA 

Administrator has established a 125-1, and any rules adopted thereunder. 

national ambient air quality 

standard, and 

{ii) the submission, upon request. of 

data related to such air quality 

modeling to the Administrator;" 

110(a)(2)(L) "require the owner or operator of RSA 125-C:4 Rulemaking Authority; Subpoena Power 

Permitting fees each major stationary source to pay states: "1. The commissioner shall adopt rules under RSA 

to the permitting authority, as a 541-A, relative to: ... 

condition of any permit required under (i) Fees for permit application and review. as authorized by 

this Act. a fee sufficient to cover - RSA 125-C:12, IV ... " 

{i) the reasonable co~ts of reviewing RSA 125-C:12 Administrative Requirements states: and acting upon any application for 

such a permit, and " ... IV. As a condition of any permit required, the 

(ii) if the owner or operator receives commissioner may require payment of a fee to cover the 

a permit for such source, the reasonable costs of reviewing and acting upon the 

reasonable costs of implementing application for a permit and of implementing or enforcing the 

and enforcing the terms and terms and conditions of a permit. The applicant shall pay any 

conditions of any such permit (not cost or expense associated with public notices or 

including any court costs or other notifications in the permit process. The commissioner shall 

costs associated with any adopt rules relative to a fee schedule for applicants and the 

enforcement action), until such fee collection of fees under the schedule. All fees and monetary 

requirement is superseded with grants, gifts, donations, or interest generated by these funds 

respect to such sources by the shall be deposited with the state treasurer in a special 

Administrator's approval of a fee nonlapsing fund to be known as the air resources fund and 

program under title V;" shall be continually appropriated to the department for the 

administration of this chapter. 

-CONTINUED 

12 
CAA Section I SIP Requirement New Hampshire Program (Each such plan shall ... ) 

I CONTINUED-

! 

i V. As a condition of any permit to operate under RSA 125-

' C: 11, 1-a, the commissioner may require payment of a fee to 

I cover the reasonable costs of reviewing and acting upon the 

application for a permit to operate, permit renewal, and 

permit modification of an affected source, and of 

implementing or enforcing the terms and conditions of an 

affected source permit. The applicant shall pay any cost or 

I 

expense associated with public notices or notifications in the 

permit process. The commissioner shall adopt rules relative 

I to a fee schedule for applicants and the collection of fees 

under the schedule. Funds collected by the commissioner 

under this paragraph from permit fees shall be depo~ited in 

the air resources fund, shall be accounted for separately, 

and shall be used by the commissioner for the establishment 

and operation of a statewide system of permitting for the 

construction, operation, or modification of any new or 

existing affected source." 

CHAPTER Env-A 700 Permit Fee System: The purpose of 

this chapter is to establish a fee system requiring the 

payment of fees to cover the reasonable direct and indirect 

costs of: reviewing and acting upon applications for the 

issuance of, amendment to, modification to, renewal of, or 

any combination of the foregoing actions to a temporary 

permit, state permit to operate, or Title V operating permit; 

implementing and enforcing the terms and conditions of any 

temporary permit, state permit to operate, or Title V 

operating permit; administering the state permit program; 

and developing, implementing and administering the Title V 

operating permit program. In particular, Env-A 705 

establishes the emission fee program for Title V and nonTitle V sources. 

110(a)(2)(M) "provide for consultation and RSA 125-C:S Powers and Duties of the Commissioner 

Consultation and participation by local political states: "In addition to the other powers and duties granted 

participation by subdivisions affected by the plan." herein, the commissioner shall have and may exercise the 

affected local following powers and duties: ... 

entities 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; 

I VI. Encouraging local units to promote cooperation by the 

I people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state; 

I I 

VI-a. Encouraging the recycling of waste oil by allowing 

qualified marketers to sell, and qualified facilities to burn. a 

mixture that consists of at least 90 percent virgin No. 6 oil 

and the remainder complying with the used fuel oil 

specifications in 40 CFR. section 279.11, table 1; ... 

XIII. Coordinating and regulating the air pollution control 

programs of political subdivisions of the state and entering 

agreements with said subdivisions to plan or implement 

programs for the control and abatement of air pollution ... .. 

13