The State ofNew Hampshire 


DEPARTMENT OF ENVIRONMENTAL SERVICES 


Thomas S. Burack, Commissioner 

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 ofthe 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 adequately 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.des.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 1-800-735-2964 
Mr. Curtis Spalding, EPA Region I Administrator Page2 

2008 Ozone Standard Certification ofAdequacy 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. Wrighp 

Acting Director 

Air Resources Division 

Attachment 

ec: 	 Dave Conroy, EPA Region I 

Anne Arnold, EPA Region I 

Richard Burkhart, EPA Region I 
EVIDENCE OF THE PLAN’S ADOPTION 

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

 

 

 

 

 

 

 

 

EVIDENCE OF THE PLAN’S ADOPTION
 

The cover letter, signed by the Governor’s designee, is evidence that the State of New 

Hampshire has adopted this Certification of Adequacy and revision to the State 

Implementation Plan (SIP). The only state requirement for SIP submittals is that at least 

30 days before the date of any public hearing related to SIP revisions, public notice shall 

be published in a newspaper of general daily statewide circulation. (See Env-A 204.01) 

Then if a hearing is held, it must be conducted in accordance with Env-C 205. (See EnvA 204.02) See the Evidence of Public Notice and the Certification of Public Hearing for 

evidence of the plan’s adoption in accordance with Env-A 204. 
 

 

 

 

EVIDENCE OF LEGAL AUTHORITY
 

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

Laws of New Hampshire, RSA 125-C: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 Division 
 

 

Page 2 of 13 

Certification of State Implementation Plan Adequacy 

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

for the 2008 8-Hour Ozone Standard 

Purpose 

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

Hampshire’s State Implementation Plan (SIP) fulfills the “infrastructure” requirements 

established in paragraphs 110(a)(1) and (2) of the Clean Air Act (CAA) for ozone. 

Background 

On March 12, 2008, EPA promulgated a new National 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/attainment” 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) requires states to address basic SIP requirements, including 

emissions inventories, monitoring, 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 Air 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 proposed reconsideration but has allowed the next 

statutorily required review of the ozone NAAQS to proceed on schedule, 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 decision described above, Midwest Environmental 

Defense and Sierra Club filed a complaint on November 20, 2011, claiming EPA had failed to 

issue findings of failure concerning 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 judgment on all claims, including those 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 judgment issued on October 17, 2012, the U.S. 
 Page 3 of 13 

District Court Northern District of California ordered EPA to sign 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 created uncertainty regarding the continued 

applicability of these standards 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 Administrator’s decision to proceed with 

implementation of the 2008 NAAQS. Also, New Hampshire was waiting to receive EPA’s 

implementation guidance before proceeding with development of the required 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 Hampshire’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 

CAA1

 Citation: 

“Each such plan shall...include enforceable emission limitations and other control measures, means, or 

techniques (including economic incentives such as fees, marketable permits, and auctions or emissions rights), 

as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable 

requirements of this Act.” 

Applicable NH Laws and Regulations: 

The following regulations have high relevance to, but are not inclusive of all regulations for, the control of 

ozone and ozone precursors: 

• Env-A 300: Ambient Air Quality Standards2 

− 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 Deterioration3 

• Env-A 700: Permit Fee System 

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

• Env-A 1300: Nitrogen Oxides (NOx) Reasonably 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 Trucks (recently readopted and 

renumbered as Env-Or 500: Recovery of Gasoline Vapors)5 

• Saf-C 3200: Official Motor Vehicle Inspection Requirements 

− Saf-C 3220: Emissions Requirements 

− Saf-C 3222: On-Board Diagnostic System6 

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 Administrative Rules for the Control of Air Pollution.
 

Env-Or and Env-Wm refer to the New Hampshire Code of Administrative Rules for the Oil & Remediation Program.
 

Saf-C refers to the New Hampshire Code of Administrative Rules for the Department of Safety, Commissioner’s Office. 

2 NH amended Env-A 300: Ambient Air Quality Standards, effective September 1, 2012. NHDES submitted the amended rule as a 

SIP revision for EPA’s approval on November 8, 2012.
 

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 Available Control Technology (RACT), effective October 31, 2010, 

as a replacement for Env-A 1211: Nitrogen Oxides (NOx). NHDES submitted this rule as a SIP revision for EPA’s approval on 

March 31, 2011.
 

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 appropriate devices, methods, systems, and 

procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, 

make such data available to the Administrator.” 

Applicable NH Laws and Regulations: 

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

Commissioner) 

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

results of studies relating to air quality. 

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

agencies of the federal government. 

Additional Information: 

NHDES routinely collects and reports ambient air quality data for ozone and other pollutants in accordance 

with EPA-approved methods. These data are reviewed and validated before being sent to EPA’s Air Quality 

System (AQS) no later than 90 days after the end of a calendar quarter. In accordance with 40 CFR part 58, 

NHDES submitted a 2012 air quality monitoring network plan on July 20, 2012. EPA Region I approved this 

plan on August 29, 2012, with the exception of elements related to NCore, PAMS, and NO2 monitoring, 

which require approval of the EPA Administrator. 

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

CAA Citation: 

“Each such plan shall...include a program to provide for the enforcement of the measures described in 

subparagraph (A), and regulation of the modification and construction of any stationary source within the 

areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, 

including a permit program as required in parts C and D.” 

Applicable NH Laws and Regulations: 

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

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

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

violations. 

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

statutes and rules. 

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 greenhouse 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...contain adequate provisions – (i) prohibiting, consistent with the provisions of this 

title, any source or other type of emissions activity within the State from emitting any air pollutant in amounts 

which will – (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State 

with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with 

measures required to be included in the applicable implementation plan for any other State under part C to 

prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the 

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

Applicable NH Laws and Regulations: 

• Env-A 619: Prevention of Significant Deterioration 

• Env-A 2300: Mitigation of Regional Haze 

Additional Information: 

As described in a recent memorandum7

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

section 110(a)(2)(D)(i)(I) while the agency awaits resolution of legal matters related to the Cross-State Air 

Pollution Rule (CSAPR). Accordingly, New Hampshire will await further guidance from EPA before making 

a submission to address this SIP element. Note that New Hampshire has no pending obligations under 

sections 115 or 126. 

►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 purpose local government or governments, or a regional agency designated 

by the State or general purpose local governments for such purpose) will have adequate personnel, funding, 

and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not 

prohibited by any provision of Federal or State law from carrying out such implementation plan or portion 

thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 

128, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, 

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

adequate implementation of such plan provision.” 

Applicable NH Laws and Regulations: 

• RSA 125:81 (recodified as RSA 125-C:6) authorizes the NHDES Commissioner to enforce the state’s air 

laws, establish a permit program, accept and administer grants, and exercise all incidental powers necessary 

to carry out the law. 

• RSA 21-O:11 Air Resources Council8

 establishes the NH Air Resources Council, a state board that has the 

authority to hear enforcement and permit appeals. The Council consists of 11 members, 6 of whom must 

represent the public interest. Those representing the public interest may not derive any significant portion 

of their income from persons subject to permits or enforcement orders, and may not serve as attorney for, 

act as consultant for, serve as officer or director of, or hold any other official or contractual relationship with 

any person subject to permits or enforcement orders. 

7 EPA memorandum, Gina McCarthy to Regional Air Division Directors, “Next Steps for Pending Redesignation Requests and State 

Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air 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) physical resources, and (e) local 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 for 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 sources, (ii) periodic reports on the nature and amounts of 

emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State 

agency with any emission limitations or standards established pursuant to this Act, which reports shall be 

available at reasonable times for public inspection.” 

Applicable NH Laws and Regulations: 

• RSA 125:81, XI (recodified as RSA 125-C:6, XI) authorizes the agency to require owners or operators of 

stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to 

the agency on the nature and amounts of emissions from such stationary sources. The agency shall have the 

authority to make such data available to the public and as correlated with any applicable emission standards. 

• Env-A 600: Statewide Permit System, paragraph 609.06(b)(8), requires a compliance assurance monitoring 

(CAM) plan, if required by 40 CFR 64. 

• Env-A 800: Testing and Monitoring Procedures establishes minimum testing and monitoring procedures, 

calculation procedures, standards, and requirements in order to determine compliance with applicable state 

and federal statutes and rules. This chapter includes the following parts: 

− Env-A 802: Compliance Stack Testing for Stationary Sources 

− Env-A 803: NOx RACT Testing Procedures 

− Env-A 804: Volatile Organic 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 Recordkeeping and Reporting Obligations establishes the requirement that 

records be kept at sources which discharge air pollutants so that the emissions of such pollutants may be 

readily calculated or estimated and reported to NHDES for the purposes of demonstrating compliance, 

compiling emission inventories, and developing air related strategic plans. This chapter includes the 

following 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 Recordkeeping Requirements 

− Env-A 907: General Reporting Requirements 

− Env-A 908: VOC Emission Statements Reporting Requirements 

− Env-A 909: NOx Emission Statements Reporting Requirements 

− Env-A 910: Additional Reporting Requirements 

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

 

 

Page 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 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, 

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 action to protect the public health, welfare, or safety, he may with 

consent of the governor and council issue an order reciting the existence of such an emergency and 

requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be 

effective immediately. Any person to whom such an order is directed shall comply therewith. The director 

shall rescind or abate such order as soon as the emergency ceases to exist.” 

Additional Information: 

The cited law grants NHDES broad statutory authority to address activities causing imminent and substantial 

endangerment to public health. NHDES procedures in response 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 April 1 through September 30. Notices are sent out to ENVIROFLASH 

participants whenever levels in New Hampshire are forecasted to exceed the current 8-hour ozone standard. In 

addition, the media are alerted to these high-ozone forecasts through a press release, and the National Weather 

Service is notified to issue an Air Quality Advisory through the normal National Weather Service weather 

alert system. 

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 μg/m3 (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 five 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 

As the data show, maximum ozone levels since 2005 have not come close to the significant harm level of 

1,200 ug/m3

 (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 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. 

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

CAA Citation: 

“Each such plan shall...provide for revision of such plan - (i) from time to time as may be necessary to take 

account of revisions of such national primary or secondary ambient air quality standard or the availability of 

improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph 

(3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the 

plan is substantially inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this Act.” 

Applicable NH Laws and Regulations: 

y RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers and duties 

granted herein, the agency shall have and may exercise the following powers and duties:...II. To develop a 

comprehensive program and provide services for the study, prevention and abatement of air pollution;...” 

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 meeting the requirements of this subparagraph, it is noted 

that NHDES has made numerous SIP revisions for both 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 infrastructure SIP submissions to address 

subparagraph 110(a)(2)(I); nonattainment area plans required under part D follow a different schedule from 

the section 110 infrastructure elements and are reviewed and acted upon through a separate process.9 

9 EPA memorandum, Stephen D. Page to Regional Air Division Directors, “Guidance on Infrastructure State Implementation Plan 

(SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards 

(NAAQS),” October 14, 2011. 
 Page 10 of 13 

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

CAA Citation: 

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

Applicable NH Laws and Regulations: 

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers and duties 

granted herein, the agency shall have and may exercise the following powers and duties:... 

V. To advise, consult, and cooperate with the cities and towns and other agencies of the state, federal 

government, interstate agencies, and other affected agencies or groups in matters relating to air pollution; 

VI. To encourage local units to promote cooperation by the people, political subdivisions, industries, and 

others in preventing and controlling air pollution in the state; XIII. The agency shall have the authority to 

coordinate and regulate the air pollution control programs of civil subdivisions of the state and to enter 

agreements with said subdivisions to plan or implement programs for the control and abatement of air 

pollution.” 

• Env-A 621: Permit Notice and Hearing Procedures: Temporary Permits and Permits to Operate specifies the 

public notice and hearing procedures that apply to all applications for the issuance of, amendment to, or 

denial of temporary permits and permits to operate. 

• Env-A 622: Permit Notice and Hearing Procedures: Title V Operating Permits specifies the public notice 

and hearing procedures that apply to all applications for the issuance, significant modification to or renewal 

of Title V operating permits files with the department and all requests for Title V operating permit reopenings. 

• Env-A 1500: Conformity provides for consultation with local agencies and planning commissions with 

respect to transportation conformity and the conformity of federal actions related to transportation projects. 

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

CAA Citation: 

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

Applicable NH Laws and Regulations: 

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers and duties 

granted herein, the agency shall have and may exercise the following powers and duties:... IV. To collect 

and disseminate the results of studies relating to air pollution; V. To advise, consult, and cooperate with the 

cities and towns and other agencies of the state, federal government, interstate agencies, and other affected 

agencies or groups in matters relating to air pollution; VI. To encourage local units to promote cooperation 

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

state; . . .” 

Additional Information: 

In implementing this authority, NHDES issues press releases in advance of high-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 requirements of...part C (relating to prevention of significant 

deterioration of air quality and visibility protection);...” 

Applicable NH Laws and Regulations: 

• RSA 125:81, XIV (recodified as RSA 125-C:6, XIV) authorizes the agency to establish and operate a 

statewide system under which permits shall be required for the construction and operation of new and 

modified stationary sources. 

• Env-A 619: Prevention of Significant Deterioration addresses PSD and visibility protection and is essential 

to meeting the requirements of 40 CFR 51.166 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 exercise general supervision of the 

administration and enforcement of the statute and all rules adopted and orders promulgated under it; to 

develop a comprehensive program and provide services for the study, prevention, and abatement of air 

pollution; to conduct and encourage studies relating to air quality; to collect and disseminate the results of 

studies relating to air quality; to advise, consult, and cooperate with the cities and towns and other agencies 

of the state, federal government, interstate agencies, and other affected agencies or groups in matters 

relating to air quality; and, among other authorities, to exercise all incidental powers necessary to carry out 

the purposes of the statute. 

• Env-A 613.02: Denial of Permit Issuance authorizes NHDES to deny the issuance of a construction permit 

if modeling shows that a major source proposing to construct or make modifications in a nonattainment area 

will cause or contribute to a violation of the NAAQS for a pollutant for which that area is in attainment. 

• Env-A 619.03: PSD Program Requirements incorporates by reference numerous paragraphs of 40 CFR 

52.21, including (k)(1), (l), and (m), which require modeling by major sources prior to construction or major 

modifications. 
 Page 12 of 13 

Additional Information: 

In exercise of the authority granted 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 participates 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 Act, a fee sufficient to cover - (i) the reasonable 

costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives 

a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any 

such permit (not including any court costs or other costs associated with any enforcement action), until such 

fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program 

under title V.” 

Applicable NH Regulations: 

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

reasonable direct and indirect costs of: reviewing and acting upon applications for the issuance of, 

amendment to, modification to, renewal of, or any combination of the foregoing actions to a temporary 

permit, state permit to operate, or Title V operating permit; implementing and enforcing the terms and 

conditions of any temporary permit, state permit to operate, or Title V operating permit; administering the 

state permit program; and developing, implementing and administering the Title V operating permit 

program. In particular, Env-A 705 establishes the emission fee program for Title V and non-Title V 

sources. 

Additional Information: 

EPA’s full approval of New Hampshire’s title V program became effective on November 23, 2001. New 

Hampshire’s title V program documentation included a demonstration that the state will collect fees from title 

V sources above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). 

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

CAA Citation: 

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

the plan.” 

Applicable NH Laws and Regulations: 

RSA 125:81 (recodified as RSA 125-C:6) provides as follows: “In addition to the other powers and duties 

granted herein, the agency shall have and may exercise the following powers and duties:... V. To advise, 

consult, and cooperate with the cities and towns and other agencies of the state, federal government, 

interstate agencies, and other affected agencies or groups in matters relating to air pollution; VI. To 

encourage local units to promote cooperation by the people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state; XIII. The agency shall have the authority to coordinate 
 

 

Page 13 of 13 

and regulate the air pollution control programs of civil subdivisions of the state and to enter agreements with 

said subdivisions to plan or implement programs for the control and abatement of air pollution;...” 

• Env-A 200: Procedural Rules 

− Env-A 204: Public Hearings on the State Implementation 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 Subject to PSD Requirements sets forth additional 

public notice requirements for proposed PSD permits. 

− Env-A 621.04 (formerly Env-A 205.04): Applications Subject to Nonattainment Requirements sets forth 

additional public notice requirements for proposed 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 state, 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 established an air resources council which shall be composed of 11 

members, including one representing the steam power generating industry; one representing the 

oil industry; one representing the natural gas industry; one representing the manufacturing 

component of industry; one representing the field of municipal government; and 6 members 

appointed at large who shall represent the public interest, one of whom shall be a licensed 

practicing physician or other health care professional possessing expertise in the field of public 

health and the health-related impacts of air pollution, one of whom shall represent the field of 

recreation, and at least one of whom shall represent environmental interests. The council 

members who shall represent the public interest may not derive any significant portion of their 

income from persons subject to permits or enforcement orders, and may not serve as attorney for, 

act as consultant for, serve as officer or director of, or hold any other official or contractual 

relationship with any person subject to permits or enforcement orders. All potential conflicts of 

interest shall be adequately disclosed. The members shall be residents of the state and shall be 

appointed by the governor with the consent of the executive 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 ofprotecting 


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/m3 (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/m3 (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).