The State ofNew Hampshire



### DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack

, Comm i ssioner

December 31

, 2012

Mr. Curtis Spalding Regional Administrator
U.S. Environmental Protection Agency

, Region I
5 Post Office Square

, Suite 1 00 Boston, MA 02109-3912



### Re: Certification of Adequacy for 2008 Ozone Standard

Dear Administrator Spalding:

As Governor Lynch ' s designee

, I am enclosing for your review and approval New Hampshire's certification of adequacy for the 2008 National Ambient Air Quality Standard (NAAQS) for ozone, together with a statute, New Hampshire Revised Statutes Annotated (RSA)
21-0:11

, I

, Air Resources Council, and one exact electronic copy thereof on a disk (enclosed)

.
Under paragraphs 11 O(a)(l) and (2) of the Clean Air Act (Act)

, after promulgation of a

new or revised NAAQS

, each state is required to submit a plan to provide for the implementation

, maintenance

, and enforcement of the NAAQS

. States are required to address
basic state implementation plan (SIP) requirements

, including emissions inventories, monitoring,
and modeling, to assure attainment and maintenance of the standards. By statute

, SIPs required by paragraphs 110(a)(l) and (2) are to be submitted by states within 3 years after promulgation
of a new or revised standard. EPA advises that these subsection 11 0( a) " infrastructure" SIPs are due 3 years from the date of signature of the NAAQS

, as this represents widespread
dissemination and, therefore

, promulgation of the NAAQS under 307(d) of the Act. For the
2008 ozone standard

, the due date was March 12

, 2011. New Hampshire ' s certification was delayed as a result of EPA ' s reconsideration of the 2008 ozone standard and subsequent decision

on September 2

, 2011

, to proceed with the implementation of that standard, and New Hampshire ' s desire to review EPA's ozone implementation guidance prior to submittal of this
certification.

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 paragraphs 110(a) (1) and (2)

. Other 110(a) (1) and (2) requirements are fulfilled in applicable chapters and
parts from the New Hampshire statutes pertaining to the duties and powers of the Commissioner
of the Department of Environmental Services (DES) and in applicable chapters and parts from
the New Hampshire Rules Governing the Control of Air Pollution

, NH Administrative Rules
Env-A 100 

### et seq

. Included with this submittal is the New Hampshire statute that establishes the
Air Resources Council and requires that Council members adequatel y disclose all conflictsRSA 21-0:11, I. This statute meets the requirements of sections 110(a)(2)(E) and 128 ofthe Act concerning boards with the authority to approve permits or enforcement orders.

DES Web Site: www .de s.nh.gov

P.O. Box 95, 29 Hazen Drive, Concord

, New Hampshire 03302-0095 Telephone : (603) 271-3503 Fax : (603) 271-2181 TDD Access : Relay NH 1-800-735-2964Mr

. Curtis Spalding, EPA Region I Administrator Page2

2008 O z one Standard Certification of Adequacy December 31

, 2012

With respect to other laws cited in the certification of adequacy, they were contained in

the original SIP that was submitted in January of 1972. Through the years, these statutes have

been amended and recodified

. The specific authorizations contained in both the former and

current laws cited in this certification of adequacy

, however, have remained the same. To avoid

any confusion in the future, DES will submit the current, relevant sections of the state's Air

Pollution Control Act, RSA 125-C, with a future SIP revision.

There are fourteen elements within paragraphs 11 O(a) (1) and (2) that New Hampshire is required to meet in the certification of adequacy

. The specific statutes and administrative rules

of the New Hampshire program that address those elements are identified in the attached SIP

reVISIOn.

If you have any questions, please contact me at (603) 271-6791 or Charlie Martone of my staff at (603) 271-1089.

Sincerely, 

# f4joUJ ifCraig A. 

# Wrigh p

Acting Director

Air Resources Division

Attachment

ec: Dave Conroy, EPA Region I
Anne Arnold

, EPA Region I
Richard Burkhart

, EPA Region I

### EVIDENCE OF TH E PLAN’S ADOPTION

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

### EVIDENCE OF THE PLAN’S ADOPTION

The cover letter, signed by the Governor’s 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:4 Rulemaking Authority; Subpoena Power

### TITLE X PUBLIC HEALTH

CHAPTER 125-C AIR POLLUTION CONTROL

Section 125-C:4
125-C:4 Rulemaking Authority; Subpoena Power. –
I. The commissioner shall adopt rules under RSA 541-A, relative to:

(a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. (b) Primary and secondary ambient air quality standards. (c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. (d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a. (e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II. (f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11, I. (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C:12, I. (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II. (i) Fees for permit application and review, as authorized by RSA 125-C:12, IV-d. (j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI. (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I. (m) Procedures for granting variances, as authorized by RSA 125-C:16. (n) The manufacture, use, or sale of consumer products for purposes of implementing
RSA 485:16-c. (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-C:10-b, VII(f). (p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125-C:10-b, IV and VI. (q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125­
C:10-b. (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a. I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing

### of vapor recovery equipment. I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2, V-c.
II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary.

Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2, eff. May 27, 2004. 2005, 173:3, eff. June 29, 2005. 2008, 113:3, eff. Aug. 2, 2008. 2010, 183:6, 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 2008 8-Hour Ozone Standard

December 31, 2012



# Air Resources DivisionPage 2 of 13



## Certification of State Impl ementation Pl an Adequacy

Regarding Clean Air Act S ection 110(a)(1) and (2)
for the 2008 8-Hour Ozone Standard

Purpose

This document certifies to th e U.S. Environmental Protec tion Agency (EPA) that New Hampshire’s State Implementation Plan (SIP) fulfills the “infrastructure” requirements established in paragraphs 110(a)(1) and (2) of the Clean Air Act (CAA) for ozone.

Background

On March 12, 2008, EPA promulgated a new Nati onal Ambient Air Quality Standard (NAAQS) for ozone based on 8-hour average concentrations. EPA revised the level of the 8-hour standard to 0.075 parts per million (ppm). (See 73 FR 16436 .) EPA has designated all areas of New Hampshire as “unclassifiable/attain ment” for the 2008 ozone NAAQS. (See 77 FR 30088 .)

Pursuant to paragraph 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of paragraph 110(a)(2) within three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requi res states to address basi c SIP requirements, including emissions inventories, monitori ng, and modeling to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2008 8-hour ozone NAAQS to EPA by March 12, 2011.

On September 16, 2009, EPA announced that it would initiate a rulemaking to reconsider the 2008 ozone NAAQS. Among the reasons cited was the fact that the 0.075 ppm standard fell outside the range recommended by the Clean Ai r Scientific Advisory Committee. After reconsideration, EPA proposed to lower the level of the 8-hour primary standard to within the range of 0.060 to 0.070 ppm, the exact value to be established in a final rulemaking. (See 75 FR
2938 .) EPA has not taken final action on the propos ed reconsideration but has allowed the next statutorily required review of the ozone NAAQS to proceed on sc hedule, with proposed and final rulemaking expected to occur in 2013-2014. (See statement by EPA Administrator Lisa P.
Jackson , September 2, 2011.) Thus, the current 8-hour ozone NAAQS remains unchanged at
0.075 ppm until further notice.

Shortly after the EPA Administrator’s decisi on described above, Midwest Environmental Defense and Sierra Club filed a complaint on November 20, 2011, claiming EPA had failed to issue findings of failure concerni ng states’ infrastructure requirements for the 2008 8-hour ozone NAAQS. The complaint was later amended to remove claims regarding states that had submitted SIPs for this NAAQS.

Subsequently, Plaintiffs WildEarth Guardians, Midwest Environmental Defense Center, and Sierra Club moved for summary j udgment on all claims, including t hose for the 40 states that did not submit the required infrastructure SIPs for the 2008 ozone NAAQS. New Hampshire was one of the 40 named states. In a summary j udgment issued on October 17, 2012, the U.S.Page 3 of 13



### District Court Northern District of California ordered EPA to si gn a final rule or rules issuing findings of failure to submit the required infrastructure SIP elements for each listed state by January 4, 2013.

New Hampshire’s SIP Revision

EPA’s reconsideration of the 2008 ozone NAAQS cr eated uncertainty regarding the continued applicability of these standa rds and the manner in which states should address their SIP obligations. New Hampshire’s infrastructure SIP was delayed pending resolution of this uncertainty in accordance with the EPA Ad ministrator’s decision to proceed with implementation of the 2008 NAAQS. Also, Ne w Hampshire was waiting to receive EPA’s implementation guidance before proceeding with de velopment of the require d infrastructure SIP.

The submittal of this document is intended to meet New Hampshire’s obligations under the CAA with respect to paragraphs 110(a)(1) and (2 ) for the 2008 ozone NAAQS and obviate a finding of failure in the case of New Hampshire’s infrastructure SIP.Page 4 of 13 

## Summary Description of New Ha mpshire’s Compliance with

Clean Air Act Section 110(a)( 1) and (2) SIP requirements

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

CAA 1 

### 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 aucti ons or emissions rights), as well as schedules and timetables for compliance, as ma y be necessary or appropriate to meet the applicable requirements of this Act.”

Applicable NH Laws and Regulations:

The following regulations have high re levance to, but are not in clusive of all re gulations for, the control of ozone and ozone precursors:

• 

### Env-A 300: Ambient Air Quality Standards 2

− 

### Env-A 307.02: Measurement of Ozone in Ambient Air to Determine of Attainment of Ozone Standards

− 

### Env-A 307.03: Measurement for Ozone Attainment Determination

• 

### Env-A 600: Statewide Permit System

− 

### Env-A 618: Nonattainment New Source Review

− 

### Env-A 619: Prevention of Significant Deterioration 3

• 

### Env-A 700: Permit Fee System

• 

### Env-A 1200: Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT)

• 

### Env-A 1300: Nitrogen Oxides (NOx) Reas onably Available Control Technology (RACT) 4

• 

### Env-A 1500: Conformity

• 

### Env-A 2300: Mitigation of Regional Haze

• 

### Env-A 3200 NOx Budget Trading Program

• 

### Env-A 1205: VOC: Gasoline Dispensing Facilities and Gasoline Tank Tr ucks (recently readopted and
renumbered as Env-Or 500: Recovery of Gasoline Vapors) 5

• 

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

− Saf-C 3220: Emissions Requirements

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

1 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 Admini strative 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.

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

3 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.

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

5 NH adopted Env-Or 500: Recovery of Gasoline Vapors (formerly Env-A 1205 and Env-Wm 1404), effective November 17, 2012. NHDES intends to submit the amended rule as a SIP revision for EPA’s approval in January of 2013.

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 5 of 13



### ► Subparagraph 110(a)(2)(B): Ambient Air Quality Monitoring/Data System

CAA Citation:

“Each such plan shall...provide for establishment and operation of appropr iate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambien t 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), author izes 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 ozone and other pollutants in accordance with EPA-approved methods. These data are reviewed a nd validated before being se nt to EPA’s Air Quality System (AQS) no later than 90 days after the end of a calendar quarter . In accordance with 40 CFR part 58

, NHDES submitted a 2012 air quality mon itoring 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 NO 2 

### monitoring, which require approval of the EPA Administrator.

► Subparagraph 110(a)(2)(C): Program fo r Enforcement Of Control Measures

CAA Citation:

“Each such plan shall...include a pr ogram 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 issu e orders to correct violations.

• 

### RSA 125:85 (recodified as RSA 125-C:15, II) autho r izes 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.

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 Env-A 619 (and Env-A 100: Organizational Rules ) pertaining to the regulation of greenhous e gases were approved by EPA in a final rule published on February 6, 2012. (See 77 FR 5700 .)Page 6 of 13



### ► Subparagraph 110(a)(2)(D): Interstate Transport

CAA Citation:

“Each such plan shall...contai n adequate provisions – (i ) prohibiting, consistent w ith the provisions of this title, any source or other type of emissions activity w ithin 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 standa rd, or (II) in terfere with measures required to be included in the applicable im plementation plan for any ot her State under part C to prevent significant deterior ation of air quality or to protect visi bility, (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

• 

### Env-A 2300: Mitigation of Regional Haze

Additional Information:

As described in a recent memorandum 7 

### to the states, EPA does not intend to make findings with respect to section 110(a)(2)(D)(i)(I) wh ile the agency awaits resolution of lega l 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.

► Subparagraph 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 purpo se 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 appr opriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federa l 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 lo cal or regional government, agency, or 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 Commissi oner to enforce the state’s air laws, establish a permit program, accept and administer gr ants, and exercise all incidental powers necessary to carry out the law.

• 

### RSA 21-O:11 Air Resources Council 8 

### establishes the NH Air Resources C ouncil, a state board that has the authority to hear enforcement and permit appeals. The Council consists of 11 me mbers, 6 of whom must represent the public interest . Those representing the public interest may not derive any significant portion of their income from persons subjec t 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 cont ractual relationship with any person subject to permits or enforcement orders.

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 V acating the 2011 Cross-State Ai r Pollution Rule,” November 19, 2012.

8 Attached hereto and submitted as a SIP revision for EPA’s approval.Page 7 of 13



### 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) physic al resources, and (e) lo cal agencies as required under subparagraph 110(a)(2)(E). Note, however, that New Hampshire does not rely on any local or regional government, agency, or instrumentality fo r the implementation of any SIP provision.

► Subparagraph 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 sour ces, (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 estab lished 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 emissi on 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 a nd as correlated with any a pplicable 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, a nd requirements in order to determine compliance with applicable state
and federal statutes and rules. This chapter includes the following parts:

− 

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

− 

### Env-A 803: NOx RACT Testing Procedures

− 

### Env-A 804: Volatile Orga nic Compound Testing

− 

### Env-A 805: Capture Efficiency (CE)

− 

### Env-A 806: Sulfur Content Testing of Fuels

− 

### Env-A 808: Continuous Emission Monitoring

− 

### Env-A 809: Approval of Alternate Methods

• 

### Env-A 900: Owner or Operator Reco rdkeeping and Reporting Obligations establishes the requirement that records be kept at sources which discharge air pollutants so that the emissions of such pollutants may be readily calculated or estimated and reported to NHDES for the purposes of demonstrating compliance, compiling emission inventories, and developing air related strategic pl ans. This chapter includes the following parts:

− 

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

− 

### Env-A 903: General Recordkeeping Requirements

− 

### Env-A 904: VOC Emission Statements Recordkeeping Requirements

− 

### Env-A 905: NOx Emission Statements Recordkeeping Requirements

− 

### Env-A 906: Additional Reco rdkeeping Requirements

− 

### Env-A 907: General Reporting Requirements

− 

### Env-A 908: VOC Emission Statem ents Reporting Requirements

− 

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

− 

### Env-A 910: Additional Reporting Requirements

− 

### Env-A 911: Recordkeeping and Reporting Requirements for Permit DeviationsPage 8 of 13



### Note: Env-A 902.01(d) reads: “Subject to Env-A 103 , all data submitted to the division, including emission data and applicable emission limitati ons, 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,
but not emission data.

► Subparagraph 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 act ion to protect the public health, welfare, or safety, he may with consent of the governor and council issue an order reciting the exis tence of such an emergency and requiring that such action be taken as he deems nece ssary to meet the emergency. Such order shall be effective immediately. Any person to whom such an orde r 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 stat utory authority to addr ess activities causing immi nent and substantial endangerment to public health. NHDES procedures in resp onse to elevated ozone levels are similar to the notification and communication requirements of 40 CFR part 51.152 . NHDES performs as follows: Through
the EPA AIRNOW and ENVIROFLASH systems, NHDES posts forecasted ozone levels statewide for each day during the ozone season from Ap ril 1 through September 30. Notices are sent out to ENVIROFLASH participants whenever levels in New Hampshire are for ecasted to exceed the current 8-hour ozone standard. In addition, the media are alerted to these high-ozone for ecasts through a press release, and the National Weather
Service is notified to issue an Ai r Quality Advisory through the normal National Weather Service weather alert system.

New Hampshire is a Priority I regi on for ozone. 40 CFR 51.150(b)(5) define s a Priority I region as any area
with an ambient ozone concen tration greater than 195 μg/m 3 

### (0.10 ppm), 1-hour maximum. While some areas in New Hampshire have experienced oz one levels that marginally exceeded this threshold, those incidents are infrequent, and their magnitude remain s consistent with a general downtrend in ambient ozone concentrations across the region. The table below shows maximum 1-hour values and th e number of times the 100 part per billion (ppb) threshold was exceeded at each of five mon itoring stations with a histor y of highest ozone levels
in the state.

Maximum 1-Hour Values (ppm) for Ozone and Number of Times 100 ppb Threshold Was Exceeded Each Year, 2005-2012



### As the data show, maximum ozone le vels since 2005 have not come close to the significan t harm level of 1,200 ug/m 3 

### (0.6 ppm), 2-hour average, identified at 40 CFR 51.151. NHDES does not envision any Monitor Location AQS
Number 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Mt. Washington Summit 330074001 0.122 (1) 0.093 (0) 0.102 (1) 0.091 (0) 0.099 (0) 0.101 (1) 0.093 (0) 0.076 (0) 0.101 (1) 0.080 (0) 0.078 (0) Peterborough 330115001 0.139 (6) 0.089 (0) 0.098 (0) 0.110 (2) 0.112 (1) 0.108 (2) 0.109 (1) 0.089 (0) 0.102 (1) 0.096 (0) 0.091 (0)

Nashua 330111011 0.135 (5) 0.101 (1) 0.110 (1) 0.105 (4) 0.091 (0) 0.104 (1) 0.080 (0) 0.082 (0) 0.088 (0) 0.108 (1) 0.112 (2)

Portsmouth 330150014 0.145 (5) 0.097 (0) 0.116 (2) 0.097 (0) 0.092 (0) 0.096 (0) 0.102 (1) 0.107 (1) 0.104 (1) 0.098 (0) 0.101 (1) Rye 330150016 0.137 (8) 0.105 (1) 0.114 (1) 0.106 (1) 0.100 (1) 0.115 (4) 0.103 (1) 0.105 (1) 0.098 (0) 0.094 (0) 0.087 (0)

First value is maximum recorded 1-hour concentration. Value in ( ) is number of exceedances.Page 9 of 13



### circumstances that would produce ambient ozone concentr ations approaching such an extreme level in the
future.

40 CFR 51.152 establishes contingency pl anning requirements for certain pr iority regions. As provided in 51.152(d)(1), the EPA administrator may exempt Priority I regions from contingency planning requirements if those regions have been designated as attainment or unclassifiable for th e NAAQS. As previously stated, EPA has designated all areas of New Ha mpshire as “unclassifiable/attain ment” for the 2008 ozone NAAQS. On this basis, New Hampshire appears to qualify for a nd requests the exemption from contingency planning.

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

CAA Citation:

“Each such plan shall...provide for revi sion 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 (i i) 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 es tablished under this Act.”

Applicable NH Laws and Regulations:

y 

### RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In additio n to the other powers and duties granted herein, the agency shall have and may exerci se the following powers and duties:...II. To develop a comprehensive program and provide services for th e study, prevention and abatem ent of air pollution;...”

y 

### 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 meeti ng the requirements of this subparagraph, it is noted
that NHDES has made numerous SIP revisions for bot h the former 1-hour ozone NAAQS and the 1997 8-hour ozone NAAQS. (See EPA's Summaries and Rulemakings for past documentation.)

► Subparagraph 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 infrastructu re SIP submissions to address subparagraph 110(a)(2)(I); nona ttainment 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

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 (P b) National Ambient Air Quality Standards (NAAQS),” October 14, 2011.Page 10 of 13



### ► Subparagraph 110(a)(2)(J): Consultati on with Government Officials

CAA Citation:

“Each such plan shall...meet the applicable requirements of secti on 121 (relating to consultation),...”

Applicable NH Laws and Regulations:

• 

### RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In additio n 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 othe r agencies of the state, federal government, interstate agencies, and ot her affected agencies or groups in matters relating to air pollution; VI. To encourage local units to pr omote cooperation by the people, polit ical subdivisions, industries, and others in preventing and controlling air pollution in the state; XIII. The agency sh all have the authority to coordinate and regulate the air pollution control programs of civil subdiv isions 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 621: Permit Notice and Hearing Procedures : Temporary Permits and Permits to Operate specifies the public notice and hearing pro cedures 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 Pr ocedures: Title V Operating Permits specifies the public notice and hearing procedures that apply to all applications for the issuance, significant modification to or renewalof Title V operating permits files with the department and all requests for Title V operating permit reopenings.

• 

### Env-A 1500: Conformity provides for consultation with local ag encies and planning commissions with respect to transportation conformity and the conformity of federal actions related to transportation projects.

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

CAA Citation:

“Each such plan shall...meet the applicable require ments 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 additio n to the other powers and duties granted herein, the agency shall have and may exerci se the following powers and duties:... IV. To collect
and disseminate the results of studies relating to air pollution; V. To advi se, consult, and cooperate with the cities and towns and other agencies of the state, federal government, inte rstate agencies, and other affected agencies or groups in matters relatin g to air pollution; VI. To encourag e local units to promote cooperation by the people, political subdivisions, industries, and others in preventi ng and controlling ai r pollution in the state; . . .”

Additional Information:

In implementing this authority, NHDES issues press re leases in advance of hi gh-ozone days and posts warnings on its website, advising people what they can do to help prevent poor air quality and associated health effects. NHDES is one of the state partners participating in EPA’s AIRNOW and Enviroflash Air Quality Alert programs. (See www.airnow.gov .)Page 11 of 13



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

CAA Citation:

“Each such plan shall...meet the applicable requireme nts 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 cons truction 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 and 40 CFR 52.21

.

• 

### 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 40 CFR 51.308 .)

Additional Information:

Revisions to Env-A 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 .) Subsequent
revisions to Env-A 619 were submitted as a SIP revision for EPA’s approval on November 15, 2012.

► Subparagraph 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 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 ex ercise general s upervision of the
administration and enforcement of the statute and a ll rules adopted and orders promulgated under it; to develop a comprehensive program and provide servi ces for the study, prevention, and abatement of air pollution; to conduct and encourage studies relating to air quality; to collect and di sseminate 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, inte rstate agencies, and other affected agencies or groups in matters relating to air quality; and, among other authorities, to exercise all incide ntal powers necessary to carry out the purposes of the statute.

• 

### Env-A 613.02: Denial of Permit Issuance authorizes NHDES to deny the i ssuance of a construction permit if modeling shows that a major source proposing to c onstruct or make modifications in a nonattainment area will cause or contribute to a violation of the NAAQS fo r 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 mode ling by major sources prior to construction or major
modifications.Page 12 of 13



### Additional Information:

In exercise of the authority gran ted in RSA 125:81 (recodified as RSA 125-C:6 ), NHDES regularly performs trend analysis and predictive air quality modeling for ozone and other pollutants. New Hampshire is a member of the Ozone Transport Commission and particip ates in the ozone modeling efforts conducted by this organization.

► Subparagraph 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 Ac t, a fee sufficient to co ver - (i) the reasonable costs of reviewing and acting upon any a pplication for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of imple menting and enforcing the terms and conditions of any such permit (not including any court costs or other cost s associated with any enforcement action), until such fee requirement is superseded with respect to such s ources by the Administrator's approval of a fee program
under title V.”

Applicable NH Regulations:

• 

### Env-A 700: Permit Fee System establishes a fee system requiring the payment of fees to cover the
reasonable direct and indirect co sts of: reviewing and acting upon a pplications for the issuance of, amendment to, modification to, renewal of, or any co mbination 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, implementi ng and administering the Title V operating permit program. In particular, Env-A 705 establishes th e emission fee program fo r 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 demo nstration that the state wi ll collect fees from title V sources above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i)

.

► Subparagraph 110(a)(2)(M): Consultation/Parti cipation by Affected Local Entities

CAA Citation:

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

Applicable NH Laws and Regulations:

RSA 125:81 (recodified as RSA 125-C:6 ) provides as follows: “In additio n to the other powers and duties granted herein, the agency shall have and may exerci se the following powers and duties:... V. To advise, consult, and cooperate with the ci ties and towns and other agencies of the state, federal government, interstate agencies, and other aff ected agencies or groups in matters relating to air pollution; VI. To encourage local units to promote cooperation by the peopl e, political subdivisions, industries, and others in preventing and controlling air pollution in the state; XIII. The agency shall have the authority to coordinatePage 13 of 13



### and regulate the air pollution control pr ograms of civil subdivisions of the st ate and to enter agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution;...”

• 

### Env-A 200: Procedural Rules

− 

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

• 

### Env-A 600: Statewide Permit System

− 

### Env-A 621.02 (formerly Env-A 205.02): Public Notice sets forth the procedure for hearings on proposed temporary and operating permits.

− 

### Env-A 621.03 (formerly Env-A 205.03): Applications Subj ect to PSD Requirements sets forth additional public notice requirements fo r proposed PSD permits.

− 

### Env-A 621.04 (formerly Env-A 205.04): Applications Subj ect to Nonattainment Requirements sets forth additional public notice requirements for propos ed Nonattainment New Source Review permits.

Additional Information:

In accordance with 40 CFR 51.102(d), notice is given in each area that will be affected by the proposed plan or SIP revision. For revisions affecting the entire stat e, notice is given in the state newspaper, the Union Leader. For revisions affecting only one area, notice is given both in the Union Leader and a newspaper in the
affected area.

Attachment:
TITLE I
THE STATE AND ITS GOVERNMENT 

## CHAPTER 21-O
DEPARTMENT OF ENVIRONMENTAL SERVICES

Section 21-O:11

21-O:11 Air Resources Council. –
I. There is hereby estab lished an air resources council wh ich shall be composed of 11 members, including one representing the steam power generating industry; one representing the oil industry; one representing the natural gas indus try; one representing the manufacturing component of industry; one re presenting the field of munici pal government; and 6 members appointed at large who shall re present the public interest, one of whom shall be a licensed practicing physician or other he alth care professional possessing e xpertise in the field of public health and the health-related impacts of air po llution, one of whom shall represent the field of recreation, and at least one of whom shall represent environm ental interests. The council members who shall represent the public interest may not derive any sign ificant 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. All potential conflicts of interest shall be adequately disclosed. The memb ers shall be residents of the state and shall be appointed by the governor with the consent of the ex ecutive council. Each member shall serve for a term of 4 years.

Source. 1986, 202:1. 1994, 412:10. 1995, 226:12, eff. Aug. 13, 1995; 262:1, eff. Aug. 18, 1995. 2006, 62:1, eff. June 23, 2006. 2010, 354:6, eff. Sept. 18, 2010.

### 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)

# UNiON

000059625

State of Ntl Air Resources
Attn Valerie David
P0Box95
Concord NH 03302-0095 RESOURCES DIVIS\ON

I herby certify that the legal notice: ( 336980) State Implementation was published in the New Hampshire Union leader and printed at Manchester, NH by the Union Leader Corp.
On:

11/29/2012

State of New Hampshire Hillsborough County

Subscribed and sworn to before me on this

'2012.

mnment, ---,---·.**~~,"~•** and Secondary
Ozone.

Tllis SII' certification is submitted in**th~** Department's offices at 29 Hazen Drive,' Concord, NH,
from

Dated: November 29, 2012 (UL

- Nov. 29]

### CERTIFICATION OF PUBLIC HEARING

40 CFR Part 51, Appendix V, 2.1(g)The State of New Hampshire 

## Department of Environmental Services

Thomas S. Burack, Commissioner

Celebrating 25 years of protecting
New Hampshire's environment.

CERTIFICATION OF PUBLIC PROCESS:
Certification of State Implementation Plan Adequacy

Regarding Clean Air Act Section llO(a)(l) and (2)
for the 2008 8-Hour Ozone NAAQS

I hereby certify that:

In accordance with New Hampshire Administrative Rule Env-A 204

. 01(b) and Federal regulations

at 40 CFR § 51.102

, public notice was given that the New Hampshire Department of Environmental
Services (the Department) intended to submit for the approval ofthe U.S. Environmental Protection Agency (EPA) a certification that New Hampshire ' s State Implementation Plan (SIP) fulfills the
"infrastructure" requirements established in sections 110(a)(1) and (2) ofthe Clean Air Act (CAA)
for ozone

.

A public hearing on the SIP submittal was held at 11:00 a.m. , Monday

, December 31

, 2012, at the Department ' s offices in Room 214 at 29 Hazen Drive

, Concord

, NH 03301. Opportunity was provided for members of the public to submit oral comments during the hearing or written

comments at any time up to 4:00p.m. on the hearing date

, for consideration by the Department in preparing the final SIP submittal.

A copy of the draft SIP submittal was available for public inspection at the Department's offices at 29 Hazen Drive

, Concord

, NH

, during regular working hours from 8:00a.m. to 4:00p.m

. , Monday through Friday, throughout the comment period. The draft SIP revision was also available for downloading from the Department's website at http : //des.nh.gov.

The notice was published in the Union Leader

, a newspaper of general, statewide circulation, on Monday, November 29, 2012

, more than 30 days prior to the date of the hearing

.

Since no members of the public attended the hearing, the presentation of the draft SIP revision and
recordation of the presentation were determined to be unnecessary

. Therefore, the hearing was closed at 11:10 a

. m. , and a memo stating the circumstances was added to the file.

The above statements are true to the best of my knowledge and belief.

# ~ Barbara L. Hoffman
SIP Planning Manager, Air Resources Division

# 7**.~01~** ' Date

www.des.nh.gov

29 Hazen Drive • PO Box 95 • Concord, NH 03302

- 0095 (603) 271-3503 • TDD Access: Relay NH 1

- 800

- 735

- 2964

### 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 December 20, 2012. A summary of the comments received and the agency's responses
thereto follows.

Comment : EPA suggests that NHDES not address section 110(a)(2)(D)(I), prongs 1 and 2, concerning interstate transport, since EPA will not make findings on that issue while litigation ensues on the Cross-State Air Pollution Rule.

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

Comment : Regarding contingency plan requirements under section 110(a)(2)(G), EPA suggests that NHDES discuss how current ozone levels in New Hampshire compare to the definition of a Priority I area and to the provisions of 40 CFR 51.152(d)(1).

Response : NHDES revised the section on subparagraph G to add the following
information:

“New Hampshire is a Priority I region for ozone. 40 CFR 51.150(b)(5) defines a Priority I region as any area with an ambient ozone concentration greater than 195 μ g/m 3 

### (0.10 ppm), 1-hour maximum. While some areas in New Hampshire have experienced ozone levels that marginally exceeded this threshold, those incidents are infrequent, and their magnitude remains consistent with a general downtrend in ambient ozone concentrations across the region. The table below shows maximum 1-hour values and the number of times the 100 part per billion (ppb) threshold was exceeded at each of 5 monitoring stations with a history of highest ozone levels in the state.

Maximum 1-Hour Values (ppm) for Ozone and Number of Times 100 ppb Threshold Was Exceeded Each Year, 2005-2012

Monitor AQS Location Number 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Mt. Washington Summit 330074001 0.122 (1) 0.093 (0) 0.102 (1) 0.091 (0) 0.099 (0) 0.101 (1) 0.093 (0) 0.076 (0) 0.101 (1) 0.080 (0) 0.078 (0) Peterborough 330115001 0.139 (6) 0.089 (0) 0.098 (0) 0.110 (2) 0.112 (1) 0.108 (2) 0.109 (1) 0.089 (0) 0.102 (1) 0.096 (0) 0.091 (0)
Nashua 330111011 0.135 (5) 0.101 (1) 0.110 (1) 0.105 (4) 0.091 (0) 0.104 (1) 0.080 (0) 0.082 (0) 0.088 (0) 0.108 (1) 0.112 (2)
Portsmouth 330150014 0.145 (5) 0.097 (0) 0.116 (2) 0.097 (0) 0.092 (0) 0.096 (0) 0.102 (1) 0.107 (1) 0.104 (1) 0.098 (0) 0.101 (1) Rye 330150016 0.137 (8) 0.105 (1) 0.114 (1) 0.106 (1) 0.100 (1) 0.115 (4) 0.103 (1) 0.105 (1) 0.098 (0) 0.094 (0) 0.087 (0)
First value is maximum recorded 1-hour concentration. Value in ( ) is number of exceedances.



### As the data show, maximum ozone levels since 2002 have not come close to the significant harm level of 1,200 ug/m 3 

### (0.6 ppm), 2-hour average, identified at 40 CFR
51.151. NHDES does not envision any circumstances that would produce ambient ozone concentrations approaching such an extreme level in the future.

### 40 CFR 51.152 establishes contingency planning requirements for certain priority regions. As provided in 51.152(d)(1), the EPA administrator may exempt Priority I regions from contingency planning requirements if those regions have been designated as attainment or unclassifiable for the NAAQS. As previously stated, EPA has designated all areas of New Hampshire as “unclassifiable/attainment” for the 2008 ozone NAAQS. On this basis, New Hampshire appears to qualify for and requests the exemption from contingency planning.”

Comment : New Hampshire should insure that any law on which the state must rely to meet a specified element is incorporated into the SIP.

Response : The state’s Air Pollution Control Act was submitted with the original SIP in 1972. This law has been recodified (as RSA 125-C) and amended through the years, but the sections cited in this proposed SIP revision remain very similar, word-for-word in several instances, to the current act. Only those sections that have the same meaning and provisions as the 1972 version have been relied on in this proposed SIP revision. Both the original law and the current law are cited, and the original law is either quoted or summarized in the text. Another statute, RSA 125-O, was cited in the proposed SIP
revision but has been deleted from the final version.

Comment : NHDES should consider citing Env-A 609.06(b)(8) as another reference for meeting section 110(a)(2)(F)(i) regarding compliance assurance monitoring.

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