# ES The State ofNew Hampshire 

## DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner April3, 2008
David Conroy EPA-NewEngland,Region I 1Congress Street, Suite II00 Boston, MA 02114-2023
DearMr. Conroy:
As you are aware, sections 110(a) (1) and (2) ofthe Clean

## AirAct(CAA)provideprocedural, timingand infrastructurerequirements related to compliancewith theNational AmbientAir Quality Standards (NAAQS). 

## In 2005, the U.S. Environmental ProtectionAgency (EPA) entered into a ConsentDecreewithEarthJusticewhichobligates EPAto determine whether stateshave made submissionsnecessaryto meetthe I10(a) (1) and (2) requirements forthe fine particulatematter

## (PMz.s) NAAQS by October 5, 2008. To meetthis obligation, EPAissued a guidance memo on October2, 2007 directing statesto reviewexisting StateImplementation Plans (SIPs) and, ifthe existingfine particulatematter SIP is adequateto meetthe 110(a) requirements, to certifythatadequacyin a letterto EPA. This letterwill serve as the certificationforNewHampshire.
The guidancememoidentifies fourteen elementsrequired bysections 11O(a) (1) and (2). Those elements andthe sections oftheNewHampshireprogramthatare consistent with those elements are identifiedinthe attachedtable. The NewHampshire SIP was originally submitted to EPAonJanuary27, 1972 andhas had numerousrevisions since thatdate. NewHampshire's EPA approved SIP, which is publishedinthe Code ofFederal Regulations at40 CFR52 SubpartEE, explicitlyfulfills mostoftherequirements ofsections 11O(a) (1) 

### and (2). Other section 110(a) (1) 

### and (2) requirements are fulfilled in applicable chapters and parts from the NewHampshire Revised StatutesAnnotated (RSA)pertainingtotheduties andpowers ofthe CommissioneroftheDepartment ofEnvironmental Services (NHDES) as well as applicable chapters and parts from theNewHampshireRules Governingthe Control ofAirPollution, NH AdministrativeRulesEnv-A 100 

## etseq.
Ifyou have any questions, please contact me at (603) 271-1088 orCharles H. Martone ofmy staffat (603) 27I-1089. Sincerely,

# ~tltJii!r Robert R. Scott Director AirResources Division

Cc: Anne Arnold, EPA New England, Region I JeffreyT. 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 ofStateImplementation Plan Adequacy RegardingClean AirAct Section llO(a)(l) and (2) for Fine Particulate Matter

# (PM 2.5)



# April2008

Prepared by 

# TheNew Hampshire DepartmentofEnvironmentalServices

## Certification ofNew Hampshire's State Implementation Plan Adequacy Regarding Clean Air Act Sections 11O(a)( 1) and (2) for Fine Particulate Matter (PM 2
.5 )


### The purpose ofthis 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 ofsections I I0(

### a)( I) and (2) ofthe Clean Air Act (CAA) for fine particulate matter (Pi'vh5). 

### As stated in a December 20. 2007, letter to Thomas Burack. Commissioner, Ne>v Hampshire Department ofEnvironmental (NHDES), from Stephen D. Page. Director, EPA Oftice ofAir 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 ofSIP 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 percubic meter, as determined by the 3-year average ofannual mean PM2.5. The 24-hour standard was set at a level of65 micrograms per cubic meter, as determined by the 3- year average ofthe 98th percentile ofthe 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 ofEPA's Air Quality Policy Division, EPA provided guidance on SIP elementsrequired under section IIO(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 ofthe standards. By statute, SIPs meeting the requirements ofsections llO(a)(l) and (2) are to be submitted by states within 3years afterpromulgation ofa new orrevised 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 11O(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 ofsections 11 O(a)(l) and (2). On March I0, 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 stateshad failed to submit new SIPs addressing interstate transport for the 1997 revised 8-hourozone and PM2

## .s NAAQS. The Consent Decree also obligated EPA to make a determination as to whether stateshad made submissions meeting the remaining requirementsofsections IIO(a)(l) and (2) by December 15, 2007, for the 8-hourozone NAAQS, and by October

### 5, 2008, for the PM2

### .s 

### NAAQS. As indicated in the Harnett memorandum ofOctober 2, 2007, to the extent that existing SIPs for ozone and particulate matteralready satisfythese requirements, states need only to certifythat fact to EPA.


### Previous Submittals NHDES has previously made the following submittalsto EPA to demonstrate compliance with CAA sections IlO(a)(l) and (2) and corresponding EPA guicfance:.

• On December I4, 2007, NHDES submitted a certification ofSIP adequacy addressing the requirements ofsections IIO(a)(l) and (2) for the 1997 revised 8-hourozone standard.

• OnMarch II,2008, NHDES submitted a SIPrevision to EPA to fulfill the requirements ofthe Finding ofFailure anq section IIO(a)(2)(D)(i) relating to interstate transport.


### CurrentSubmittal Asdescribed in the accompanying table, the present submittal outlines howNew Hampshire's program fulfills the requirements ofCAA sections IIO(a)(l) and (2) for fine particulate matter (PM2
.5). 

### NHDEScertifies that its State Implementation Plan already meets most ofthese requirements. TheNewHampshire SIP was originally submitted to EPAonJanuary 27, 1972, and has had numerous revisions since that date. NewHampshire'sEPA-approved SIP, which is published in the Federal Register at 40 CFR52 SubpartEE, explicitly fulfills most ofthe requirements ofsections IIO(a)(l) and (2). Otherrequirements ofsections IIO(a)(l) and (2) are fulfilled in applicable chapters andparts from the New Hampshire Revised StatutesAnnotated (RSA)pertainingto the duties andpowers oftheCommissioneroftheDepartment ofEnvirorunental Services (NHDES) as well as applicable chapters and parts from the NewHampshire Rules Governing the Control ofAir Pollu.tion, NHAdmin. Rules Env-A I00 et seq.

1Finding ofF ailure to SubmitSection II0 State Implementation Plans for Interstate 71-ansportfor IheNalional AmbientAir QualiO'Standards fur 8-Hour Ozone andPM 25,70 FR 21147 (April 25, 2005). 

## 2

# Overview of How New Hampshire's Program Satisfies the CAA Section 11O(a)(1) and (2) SIP Requirements for Fine Particulate Matter (PM 2

# .sf

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

...)
110(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 ofAdministrative 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 AmbientAir 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-A400 Acid Deposition Control Program, eff. 12-22-04 CHAPTER Env-A 500 Standards Applicable to Certain NeworModified Facilities and Sources ofHazardous 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 ofthe Northeast Ozone Transport Region -Part Env-A 619 (formerly Env-A 623) Prevention of

Significant Deterioration (PSD) ofAir 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 ofAdministrative Rules (New Hampshire Rules Governing the Control ofAir 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

...)

CONTINUED

### CHAPTER 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 SulfurContent Testing of Fuels -Part Env-A 807 Testing for Opacity ofEmissions '

.



### - Part Env-A 808 Con"tinuous Emission Monitoring

- Part Env-A 809 Approval ofAlternate Methods CHAPTER Env-A 1000 Prevention,Abatement, and Control ofOpen 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 ofMobileSourceAir Pollution, eft. 

### 3-26-05

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

Vehicles CHAPTER Env-A 1200 Prevention,Abatement, and Control ofStationary SourceAir Pollution

-Part Env-A 1204 Stationary Sources ofVolatile 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 orSolid 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

CONTINUED

### CHAPTER 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 BudgetTrading Program CHAPTER Env-A 3300 MunicipalWaste**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 ofAdministrative Rules, DepartmentofSafety (Saf-C 100

- 6700): The following chapters and parts nave**applica~ility** to vehicular sources of particulate matteremissions, including NOx. S02, and VOCs as precursors to particulate**matt~r:** CHAPTER Saf-C 3200 Official MotorVehicle 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 ofmotorvehicle components:

- Saf-C 3220.01 Positive CrankcaseVentilation (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 ofExhaust 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 pursuantto the State's agreementwith the Federal Environmental Protection Agency on an overall clean airstrategy under the provisions ofthe federal Clean AirActAmendments of 1990. The rules apply to all diesel powered motorvehicles 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, whetherthese vehicles are registered in New Hampshire oranotherjurisdiction.
110(a)(2)(8) "provide for establishment and 40 CFR Part 58 AmbientAir Quality Surveillance: Ambient airquality operation ofappropriate devices, In accordance with this part, NHDES submitted a monitoring/data methods, systems, and procedures comprehensive airquality 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 airquality, 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 airquality system AQS, no laterthan 90 days afterthe end ofa calendar quarter. RSA 125-C:S Powers and Duties ofthe Commissioner:

- RSA 125-C:6, IVauthorizes the Commissioner to collect

and disseminate the results ofstudies relating to airquality.

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

and cooperate with agencies ofthe federal government. RSA 125-C:S, XVI authorizes the Commissionerto 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 ofthe network equipment.


### 6

### CAA Section 

# I SIP Requirement New Hampshire Program 

# I [ 

### (Each such plan shall

...) I 11O(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 ofthe 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 ofAir Pollution (Env-A 100- 4300).
11O(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 ofthis title, any source addressing interstate air pollution transport to fulfill the
or other type ofemissions activity requirements of CAA section 11O(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 ofair quality in Class I international parks- see with maintenance by, any other program description for CAA section 11O(a)(2)(J). State with respectto 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 ofthe 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. governmentorgovernments, ora RSA 125-C:12 Administrative Requirements authorizes regional agencydesignated bythe the Commissionerto collectfees to recover the costs of State orgeneral purpose local reviewing and acting upon permit applications and enforcing governments for such purpose) will the terms ofpermits issued.

-- have**adeque~te** personnel, funding, and authority under State (and, as The State ofNew HampshireAir 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 outthe plan.

-· Federal or State lawfrom carrying RSA 21-0:11 Air Resources Council establishes the NH outsuch implementation plan or Air Resources Council, a state board that has the authority to portion thereof), hearenforcementand permit appeals. The Council consists (ii) requirements thatthe Statecomply of 11 members, 6 ofwhom 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 oftheir income from persons (iii) necessary assurances that, subject to permits orenforcement 

### 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, directorof, orhold any otherofficial orcontractual relationship agency, or instrumentalityforthe with any person subject to permits or enforcement orders. implementation ofany 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 ofany provision ofthe SIP. ofsuch 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 ofthe 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 ofAlternate 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 ofsuch 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

11O(a)(2)(G) Emergency power

11O(a)(2)(H) Future SIP revisions

11O(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 ofsuch plan

- (i) from time to time as may be necessaryto take accountofrevisions of such national primaryorsecondary ambient airquality standard orthe availability ofimproved ormore expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), wheneverthe Administrator finds on the tYc!sis ofinformation availableto theAdministratorthatthe plan is substantially inadequate to attain the national ambient air quality standard which it implements orto otherwise comply

### with any additional requirements established underthis Act;" "meetthe applicable requirements of section 121 (relating to consultation)

....• 

## New Hampshire Program

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

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

rules underRSA 541-A. relative to:

...(c) procedures to meet air pollution emergencies. as authorized by RSA 125-C:9.• RSA 125-C:9Authority ofthe Commissioner In Cases of Emergency states: "Wheneverthe commissionerfinds that an air pollution emergency exists requiring immediate action to protect the public health, welfare. 

### orsafety, he maywith consent ofthe governorand council issue an order reciting the existence ofsuch an emergency and requiring that such action be taken as he deems necessaryto meet the emergency. Such order shall be effective immediately. Anyperson 

### to whom such an order is directed**~hall** comply therewith. The commissionershall rescind 

### orabate such order a's sdon as the emergencyceases to exist."
Note: Based on EPA guidance issued March 24, 2008, and PM2.5 levels recorded inthe state, New Hampshire will not be required to submit an emergency episode plan for**P~ .**  RSA 125-C:& Powers and Duties ofthe Commissioner states: "In addition to the other powers and duties granted herein, the commissionershall have and may exercise the following powers and duties:

... II. Developing a comprehensive program and provide services forthe study, prevention and abatement ofairpollution

...• 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 ofthe 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 ofthe 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 ofwaste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists ofat 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 ofair pollution

.._" -CONTINUED


### 10

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

..)

CONTINUED

# I 

# 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 

# I for the issuance of. amendment to. or denial of temporary permits and permits to operate.

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

Title V Operating Permits (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 ofTitle 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 offederal actions related to transportation projects. 110(a)(2)(J) Public "meet the applicable requirements RSA 125-C:6 Powers and Duties ofthe 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 ofstudies relating to air quality; V. Advising, consulting, and cooperating with the cities and towns and other agencies ofthe 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 oftime. 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 ofthe commissioner granting or denying a permit application may within 10 days of the decision file an appeal with the air resources council. The air resources council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding. modifying or abrogating the commissioner's decision

... In implementing this authority, NHDES issues press releases in advance of 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.•.)
11O(a)(2)(J) "meet the applicable requirements RSA 125-C:& Powers and Duties ofthe Commissioner PSD and visibility of

...part C (relating to prevention 

### of states: "In addition to the other powers and duties granted Protection significant deterioration ofairquality herein. the commissioner shall have and may exercise the and visibility protection);" following powers and duties:

... XV. Implementing a program ofprevention of significant deterioration ofambient air quality by establishing airquality increments limiting the maximum allowable increases in the amounts ofair 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 ofSignificant Deterioration (PSD) ofAirQuality Permit Requirements addresses the prevention ofsignificant deterioration ofair quality and visibility protection, in compliance with the requirements of40 CFR 51.166, 40 CFR 52.21 and RSA-125-C.
11O(a){2)(K) "provide for

- CHAPTER Env-A600 Statewide Permit System, Part EnvAir quality (i) the performance ofsuch air A 606 Air pollution Dispersion Modeling ImpactAnalysis 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 ofpredicting the effecton apply to owners and operators ofcertain sources and ambient

### airquality of

### anyemissions devices 

### in orderto demonstrate compliance with the New of

### anyair pollutant forwhich the Hampshire**S~ate** Implementation Plan, RSA 125-C, RSA Administrator has established a 125-1, and any rules adopted thereunder. national ambientairquality standard, and {ii) the submission, upon request. of data related to such airquality modeling to the Administrator;" 110(a)(2)(L) "require the owneroroperator of RSA 125-C:4 Rulemaking Authority; Subpoena Power Permitting fees each majorstationarysource to pay states: 

### "1. The commissioner shall adopt rules under RSA to the permitting authority, as a 541-A, relative to:

... condition ofany 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 ofany permit required, the (ii) ifthe owner or operator receives commissioner may require payment ofa fee to cover the a permit for such source, the reasonable costs of reviewing and acting upon the reasonable costs ofimplementing application for a permit and of implementing orenforcing the and enforcing the terms and terms and conditions ofa permit. The applicant shall pay any conditions ofany such permit (not cost or expense associated with public notices or including 

### anycourt 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 offees 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 ofa fee nonlapsing fund to be known as the air resources fund and program undertitle V;" shall be continually appropriated to the department for the administration ofthis 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 ofan 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 offees 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 ofa statewide system of permitting for the construction, operation, or modification ofany 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 offees 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 ofthe foregoing actions to a temporary permit, state permit to operate, orTitle V operating permit; implementing and enforcing the terms and conditions of any temporary permit, state permit to operate, orTitle 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 ofthe 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 ofthe 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 ofwaste 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 ofthe state and entering agreements with said subdivisions to plan or implement programs for the control and abatement ofair pollution

...

## ..

13