### The State of New Hampshire



# ~ HDES 

# Department of Environmental Services

Thomas S. Burack, Commissioner

'CELE8RATING17 

### Celebrating 25 years of protecting NewHampshire's environment. YtARS 

### October 4, 2012

H. Curtis Spalding, Regional Administrator U.S. Environmental Protection Agency, Region I 5 

### Post Office Square, Suite 100 Boston, MA 02109-3912 Re: State Implementation Plan Revision Submittal Adopting Amended Minor Core Activity Rules: Env-A 1201.04, Env-A 1203.38, Env-A 1212.04, and Env-A 1222.01(b) Dear Administrator Spalding: Pursuant to section 110 of the federal Clean Air Act as amended, the state of New Hampshire hereby submits for approval the subject proposed State Implementation Plan (SIP) revision and one exact electronic copy thereof on a disk (enclosed). As Governor John Lynch's designee, I am requesting EPA's prompt approval of this revision, which consists of amendments to the following rules: • Env-A 1201.04(b) intro & (1) and (c), Exemptions; Conditions 

### • Env-A 1203.38, Minor core activity (amended definition) 

### • Env-A 1222.01(b), Applicability Criteria for Miscellaneous and Multicate gory Stationary VOC Sources 

### The amendments extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" 

## to include all VOC RACT categories covered by Env-A 1200, not just coating categories; and clarify that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 120 1.04(c 

# ) and Env-A 1203.38. The enclosed rules amend Env-A 1200, Volatile Organic Compounds (VOCs) Reasonably Available Control Technology 

### (RACT), which DES submitted as a SIP revision to EPA on July 26, 2011, and should be included in the review of that submittal. This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFR Part 51, 

### Appendix V. The following administrative materials are included for your review:

Evidence of the rule's adoption Evidence of legal authority

www.des.nh.gov

29 

### Hazen Drive 

### • P0 Box 95 

### • Concord NH 03302 0095 (603) 271 3503 

### • TDD Access Relay NH 1 800 735 2964Mr. H. Curtis Spalding, Regional Administrator Page 2

SIP Revision Submittal October 4, 2012



### Acopyofthe rule Evidence that all the State's legal re4uirements were followed in adopting the rule and submitting the SIP revision Evidence that the public notice was given in accordance with EPA procedures Certification that, if requested, the public hearing was held in accordance with the public notice A compilation of public comments and the State's responses thereto One of the requirements of Appendix V is that the documentation include the date of adoption, as well as the effective date, of the rule. In accordance with RSA 541-A:14, an agency may adopt a rule after all procedures have been completed. The NH Department of Environmental Services (DES) adopts a rule on the day its Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director of the Office of Legislative Services (OLS). The rule takes effect the day after it is filed unless a different date is requested in the letter. The attachments hereto contain a letter from the DES Commissioner to the Director of the OLS, documenting the adoption of the rule, as well as written documentation from the OLS as to the filing and effective dates of the rule. Should you have any questions regarding this submittal, please contact Karla McManus, Planning and Rules Manager, at kar1a.mcmanus(des.nh.gov or (603) 271-6854, or Barbara L. Hoffman, SIP Planning Manager, at barbara.hoffman(des.nh.gov or (603) 271-7874. Thank you for your assistance.

Sincerely,

Craig A. Wright Acting Director Air Resources Division

Enclosures
ec: Dave Conroy, EPA Ida E. McDonnell, EPA Dave Mackintosh, EPA

## EVIDENCE OF THE RULE'S ADOPTION 40 CFR Part 51, Appendix V, 2.1(b)STATE OF NEW HAMPSHIRE

JILL K. SIEVEKING ACTING DIRECTOR

OFFICE OF LEGISLATIVE SERVICES

STATE HOUSE 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHIRE 03301-4951 

## J U N 262012

LEGAL UNIT

June 25, 2012

Receive d from Commissioner, Department of Environmental Services
the following certified rule(s) filed with the Director of Legislative Services, in accordance with RSA 541 -A, 

### the Administrative Procedures Act.

Docurnent# #10145

Relative.to: Env-A 1201.04(b)(1) & 

### (c), 12033 

### 8, 1212.04 intro. & 

### (a), & 

### 1222.01(b) - 

### VOC RACT

Minor Core Activity Rules. Number of Pages: 2
Adopted Date.: 6-18-12 FilingDate: 6-18-12

Effective Date: 6-19-12 Expiration Date: 06/19/2022

Notes: N/A

. 

### In all communications with this office concerning the above rule(s), please cite the appropriate document number, as indicated above.

/. Jill K. Sieveking, Acting Director Office of Legislative Services

TDD Access: Relay NH 1-800-735-2964 DIRECTOR (603) 271-3432

. RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

## 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

### Section 125-C:4 Rulemaking Authority; Subpoena Power. Page I of 2 

# 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: 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. Primary and secondary ambient air quality standards. Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I andRSA 125-C:11, I-a. 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. 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:1.1, I. The forms and information required on applications for temporary and permanent permits required under RSA 125-C:1 1, as authorized by RSA 125-C:12, I. Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II. Fees for permit application and review, as authorized by RSA 125-C:12, IV-d. 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. Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI. (1) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I. Procedures for granting variances, as authorized by RSA 125-C:16. The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16- c. Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-C:10-b, VII(f). 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. 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. 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 1(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.

http://www.gencourLstate.nh.us/rsa/html/X/125-C/125-C-4.htm 6/20/2012

### Section 125-C:4 Rulemaking Authority; Subpoena Power. Page 2 of 2

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.

http://www.gencourt.state.nh.us/rsa/html/X/1 25-C/1 25-C-4.htm 6/20/2012

## COPY OF THE ACTUAL RULE 40 CFR Part 51, Appendix V. 2.1(d)

### The State of New Hampshire



# Department of Environmental Services Thomas S. Burack, Commissioner Celebrating 25 Years 

### of Protecting New Hampshire's Environment



### July 5, 2012 Jill K. Sieveking, Acting Director Office of Legislative Services do 

### Division of Administrative Rules 25 Capitol Street State House Annex, Room 219 Concord, New Hampshire 03301-63 12

Re: Certification of Env-A 1200, various sections Reference Document #10 

### 145 Dear Acting Director Sieveking: Pursuant to RSA 541-A:15, 1-a, I hereby certify that the enclosed rules are the same in substance as the rules originally filed with the Office of Legislative Services, Division of Administrative Rules. I further certify that the enclosed rules, as edited for format by the Division of Administrative Rules, is the official version of these rules which this agency is required to publish in an 8 V2 

### x 11 inch loose-leaf format as part of the New Hampshire Code of 

### Administrative Rules, under Chapter 5 of the 

### New Hampshire Drafting and Procedure Manual for Administrative Rules and RSA 

### 541-A:15, I.

Sincerely,

Thomas S. Burack Commissioner
Enclosure

cc: Gretchen Hamel, DES Legal Unit DES Public Information Center

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD

www.des.nh.gov

29 Hazen Drive • P0 Box 95 • Concord, NH 03302-0095 (603) 271-3503 • TDD Access: Relay NH 1-800-735-2964

### NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Flat wood paneling coating, Env-A 1214; Rotogravure and flexographic printing, Env-A 1215; Offset lithographic and letterpress printing, Env-A 1216; Fixed-roof VOL storage tanks, Env-A 1217.01 and Env-A 1217.02; External floating roof tanks, Env-A 1217.04 and Env-A 1217.05; Bulk gasoline loading terminals, Env-A 1217.08 and Env-A 1217.09; Bulk gasoline plants, Env-A.12 17.11 and Env-A 1217.12; Cutback and emulsified asphalt, Env-A 1218; Fiberglass boat manufacturing, Env-A 1219; Miscellaneous industrial adhesives, Env-A 1220; Industrial cleaning solvents, Env-A 1221.06; Solvent metal cleaning, Env-A 1221.01 through Env-A 1221.04; Miscellaneous stationary VOC sources, Env-A 1222; and Multicategory stationary VOC sources, Env-A 1222. Any stationary source that first becomes subject to the requirements of a source category listed in (a), above, after the 2011 effective date of this chapter, whether through new source construction or modification of an existing source, shall meet those requirements upon startup of the new or modified source.

Once a stationary source becomes subject to the requirements of a source category listed in (a), above, the source shall remain subject to those requirements even if its emissions later fall below the relevant RACT applicability threshold.

This chapter shall apply to any person who sells or offers for sale any solvent for use in a cold cleaning machine. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-1-1 1 Env-A 1201.04 Exemptions: Conditions. (a) Any source with coating, printing, or miscellaneous devices or processes that meets or exceeds the relevant RACT applicability criteria in Env-A 1206.01, Env-A 1208.01, Env-A 1210.01, Eny-A 1211.01, Env-A 1213.01, Env-A 1215.01, or Env-A 1222.01, or that are unclassifiable, shall be exempt from the applicable compliance requirements in this chapter only if all of the following conditions are met:

(1) The source accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device to below the relevant applicability threshold for that classifiable process or device;

3 Env-A 1200NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

The source has been and remains in full compliance with the conditions of the permit since the date of issuance or the terms of any consent decree entered into by the division or by EPA, or pursuant to any court order; The actual VOC emissions of the source, or from all operations associated with the applicable VOC category, have not exceeded the relevant RACT applicability threshold in any calendar year since May 31, 1995; The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions,pursuant to Env-A 903, Env-A 904, and Env-A 908, respectively. (b) If a classifiable process or device that was not subject to this chapter prior to June 1,2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or Env-A 1221.06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

The owner or operator files an application for a permit or permit modification on or before May3l,2013; The owner or operator accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device below the relevant applicability threshold for that process or device; The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and Env-A 908. (c) One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter. (d) Testing and research activities performed at coating, printing, or miscellaneous sources shall be exempt from the provisions of this chapter provided that the combined VOC emissions from such activities do not exceed 5 tons per consecutive 12-month period. (e) For purposes of demonstrating that a source is not subject to this chapter, the owner or operator of such source shall maintain, for 5 years and for each process chemical used, monthly purchase records and material safety data sheets (MSDS), as used to comply with the Occupational Safety and Health Administration's hazard communication standard at 29 CFR 1910.1200, sufficient to show that VOC emissions are below the applicability threshold for that source's category. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-1-1 1; amd by #10145, eff 6-19-12

4 Env-A 1200

### NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Env-A 1203.31 "Medium curing cutback asphalt" means a material which meets the specifications of ASTM Standard D2027/D2027M-10. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-1-1 1 Env-A 1203.32 "Metal coil coating" means the surface coating of any continuous metal strip with thickness of not less than 0.15 millimeter (mm), equivalent to 0.006 in., that is packaged in a roll or in helical form. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11 Env-A 1203.33 "Metal degreasing" means the removal of grease, grease-bearing soils, or both from metal surfaces using liquid or vapor means. Source. (See Revision Note at chapter heading for Env-A 1200) 99933, eff6-1-1 1 Env-A 1203.34 "Metal furniture coating" means the surface coating of: Any furniture made of metal; or Any metal part that will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. Source. (See Revision Note at chapter heading for Env-A 1200) 99933, eff6-1-1 I Env-A 1203.35 "Metal to urethane/rubber molding or casting adhesive" means any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-1-1 I Env-A 1203.36 "Metallic coating" means a coating that contains more than 5 grams total of pure elemental metal or a combination of elemental metals per liter of coating as applied. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11 Env-A 1203.37 "Military specification coating" means a coating that has a formulation approved by a United States military agency for use on military equipment. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-l-1 1 Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following: (a) The relevant RACT applicability emissions threshold; and

20 Env-A 1200NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(b) A total of 5 actual tons per consecutive 12-month period. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff6-1-1 1; ss by#10145, elf 6-19-12 Env-A 1203.39 "Miscellaneous metal and plastic parts and products" means metal and plastic components other than those parts and products for which the coating is specifically regulated under this chapter, whether or not pre-assembled, of any kind of industrial or commercial machinery, equipment, or vehicles and any kind of indoor or outdoor machinery, equipment, vehicles, or other products for use by the general population, including but not limited to:

Fabricated metal products; Molded plastic parts; Farm machinery; Commercial and industrial machinery and equipment; Automotive or transportation equipment; Interior or exterior automotive parts; Construction equipment; Motor vehicle accessories; Bicycles and sporting goods; ) Toys; (k) Recreational vehicles; (I) Watercraft; Extruded aluminum structural components; Railroad cars; Heavier vehicles; Lawn and garden equipment; Business machines; Laboratory and medical equipment; Electronic equipment; Steel drums; and Metal pipes. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11

21 Env-A 1200

### NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

b. All spent solvent is captured in closed containers. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11 Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: Subject to (b), below, control option I shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 12 12-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings

Coating Category Air Dried Baked kg VOC/l coating lb VOC/gal

coating kg VOC/l

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3 General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 

### 0.42 3.5 

### Electric-Insulating Varnish 0.42 3.5 

### 0.42 3.5 Etching Filler 0.42 3.5 0.42 3.5 Extreme High-Gloss 0.42 3.5 

### 0.36 3.0 Extreme Performance 0.42 3.5 0.36 3.0 Heat-Resistant 0.42 3.5 

### 0.36 3.0 High Performance Architectural 0.74 6.2 0.74 6.2 High Temperature 0.42 3.5 

### 0.42 3.5 

### Metallic 0.42 3.5 

### 0.42 3.5 Military Specification 0.34 2.8 0.28 2.3 Mold-Seal 0.42 3.5 

### 0.42 3.5 

### Pan-Backing 0.42 3.5 

### 0.42 3.5 

### Prefabricated Architectural Multi-Component 0.42 3.5 

### 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 0.28 2.3 Pretreatment Coatings 0.42 3.5 

### 0.42 3.5 Repair and Touch Up 0.42 3.5 0.36 3.0 Silicone-Release 0.42 3.5 

### 0.42 3.5 

### Solar-Absorbent 0.42 3.5 0.36 3.0 Vacuum-Metalizing 0.42 3.5 

### .0.42 3.5 

### Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, interior 0.42 3.5 

### 0.42 3.5 Drum Coating, Reconditioned, Exterior 0.42 3.5 

### 0.42 3.5 

### Drum Coating, Reconditioned, Interior 0.50 4.2 0.50 4.2

Until January 1, 2016, the content limit for the following coatings shall be as specified: (I) For air-dried general, one component and general, multi-component coatings, 0.42 kg VOC/l, equivalent to 3.5 lb VOC/gallon; and

51 Env-A 1200NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(2) For baked general, one component and genera!, multi-component coatings shall be 0.36 kg VOC/l, equivalent to 3.0 lb VOC/gallon; (c) Control option 2 shall consist of using a combination of low-VOC content coatings and one or more add-on controls to meet the limits calculated pursuant to Env-A 1205.01 or specified in table 1212-2, below:
Table 12 12-2 VOC Content Limits Per Volume Solids Coating Category Air Dried Baked kg VOC/l solids lb VOC/gal

solids kg VOC/l

solids. lb VOC/gal

solids General, One-Component 0.54 4.52 0.40 3.35 Genera!, Multi-Component 0.54 4.52 0.40 3.35 Camouflage 0.80 6.67 0.80 6.67 Electric-Insulating Varnish 0.80 6.67 0.80 6.67 Etching Filler 0.80 6.67 0.80 6.67 Extreme High-Gloss 0.80 6.67 0.61 5.06 Extreme Performance 0.80 6.67 0.61 5.06 Heat-Resistant 0.80 6.67 0.61 5.06 High Performance Architectural 4.56 38.0 4.56 38.0 High Temperature 0.80 6.67 0.80 6.67 Metallic 0.80 6.67 0.80 6.67 Military Specification 0.54 4.52 0.40 3.35 Mold-Seal 0.80 6.67 0.80 6.67 Pan Backing 0.80 6.67 0.80 6.67 Prefabricated Architectural Multi-Component 0.80 6.67 0.40 3.35 Prefabricated Architectural One-Component 0.80 6.67 0.40 3.35 Pretreatment Coatings 0.80 6.67 0.80 6.67 Silicone Release 0.80 6.67 0.80 6.67 Solar-Absorbent 0.80 6.67 0.61 5.06 Vacuum-Metalizing 0.80 6.67 0.80 6.67 Drum Coating, New, Exterior 0.54 4.52 0.54 4.52 Drum Coating, New, Interior 0.80 6.67 0.80 6.67 Drum Coating, Reconditioned, Exterior 0.80 6.67 0.80 6.67 Drum Coating, Reconditioned, Interior 1.17 9.78 1.17 9.78

Control option 3 shall consist of the use of one or more add-on controls capable of achieving an overall VOC capture and control efficiency of 90 percent. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-1 1; amd by #10145, eff 6-19-12 Env-A 1212.05 Exceptions to Env-A 1212.04. The VOC limits specified in Env-A 1212.04 shall not apply to the following types of coatings and coating .operations:

Stencil coatings; Safety-indicating coatings; Solid-film lubricants;

52 Env-A 1200

### NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Collecting and venting the emissions to a VOC emission control system that has an overall capture and control efficiency of at least 80 percent, by weight, for the VOC emissions, provided that where the reduction is achieved by incineration, at least 90 percent of the organic carbon shall be oxidized to carbon dioxide; Using a cleaning solvent that contains less than 200 g/I VOC, equivalent to 1.67 lb/gal; or Using organic solvents other than those allowed in (b) or (c)(1), above, provided that: No more than 60 gallons of fresh cleaning solvent shall be used per month; and The owner or operator shall maintain records for 5 years on the total volume of freshcleaning solvent used and the total volume of cleaning solvent recovered for on-site or offsite recycling. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11
PART Env-A 1222 MISCELLANEOUS AND MULTICATEGORY STATIONARY VOC SOURCES Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources. (a) Any miscellaneous or multicategory stationary VOC source whose combined TPEs for all processes and devices equal or exceed 50 tons of VOC in any consecutive 12-month period shall be subject to Env-A 1222.02 and Env-A 1222.03, except as specified in (b) through (e), below. (b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03:

VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of(c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design; VOC emissions from non-core activities listed in Env-A 1203.53; Testing and research activities excluded under Env-A 120 1.04(d). (c) VOC-emitting processes and devices, unless a prior extension of compliance as provided in 40 CFR 63, Subpart D, has been granted, shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03 provided that the total VOC emissions to the atmosphere from such equipment are reduced, on a daily basis, to a percentage equal to or greater than the percentage of hazardous air pollutants, excluding

93 Env-A 1200NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

particulate matter hazardous air pollutants, required to be reduced in the applicable subpart under 40 CFR 61 or 40 CFR 63.

Control option 3 in Env-A 1222.02(a)(3) shall be applicable only to the unclassifiable coating processes of RACT-applicable multicategory or miscellaneous stationary VOC sources.

Control option 4 in Env-A 1222.02(a)(4) shall be applicable only to the classifiable components of RACT-appi icable mu Iticategory stationary VOC sources. Source. (See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; amd by #10145, eff 6-19-12 Env-A 1222.02 Compliance Options for Miscellaneous and Multicategory Stationary VOC Sources. (a) VOC emissions from miscellaneous or multicategory stationary VOC sources meeting the applicability criteria in Env-A 1222.01 and not explicitly exempted by that section shall be controlled using one of the following control options:

(1) Control option I shall consist of the installation and operation of capture and control systems that result in a facility-wide reduction in the, actual uncontrolled VOC emission rate to the atmosphere, calculated as a 24-hour calendar day average, of at least 81 %, as determined bydividing the difference between the facility-wide uncontrolled VOC emissions from all nonexempt processes and the facility-wide VOC emissions after controls from all non-exempt processes by the facility-wide uncontrolled VOC emissions from all non-exempt processes; (2) Control option 2 shall consist of a program to reduce VOC use and emissions that is implemented such that the actual VOC emission rate does not exceed 20% of the actual VOC emission rate in calendar year 1990, or alternative year required pursuant to Env-A 1222.04, below, calculated on either: A mass of VOC per mass of solids basis if the affected VOC-emitting process(es) or device(s) applies surface coatings; or A mass of VOC per unit of production basis; (3) Control option 3 shall consist of: Limiting the daily weighted average VOC emission rate from any unclassifiable coating process or device to 0.40 kg VOC/l, equivalent to 3.5 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds, as calculated using the procedure described in Env-A 804.06; and Complying with the provisions of (1) or (2) above, or (4) or (5) below, where applicable, for the unclassifiable non-coating and classifiable components of the source; (4) Control option 4 shall consist of: Complying with the provision(s) in Env-A 1206.01 through Env-A 1221.06 for each classifiable component of a multicategory source, whichever provision(s) are relevant, irrespective of whether the component meets the relevant applicability criteria for the relevant classifiable category; Complying with the provisions of(l), (2), or (3) above, or (5) below, where applicable, for the unclassifiable components of the source;

94 Env-A 1200NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Appendix A: State Statute(s) and Federal Statute(s) and Regulation(s) Implemented Rule Section(s) State Statute(s) Implemented Federal Statute(s) and Regulation(s) Implemented Env-A 1201.01- 1201.03(c) RSA 125-C:4,I(a) 42 U.S.C. §7410, §7502(c)&7511c Env-A 1201.04- 1204.32 RSA 125-C:6, II Env-A 1204.34 - 1220 Env-A 1221.03- 1222 Env-A 1201.03(d) RSA 125-C:4, 1(a) & (n); 42 U.S.C. §74 10, §7502(c), & §751 Ic Env-A 1204.33 RSA 125-C:6, II Env-A 1221.01 & 1221.02

97 Env-A 1200

## EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REOUIREMENTS 40 CFR Part 51, Appendix V, 2.1(e)

### STATE OF NEW HAMPSHIRE

DATE 

### Februazy 29, 2012

FROM 

### Thomas S. Burac

Commissioner AT (OFFIcE) 

### DES

SUBJECT 

### Request for Fiscal Impact Statement

To Legislative Budget Assistant

In accordance with NH RSA 541-A:5, enclosed please find a Request for Fiscal Impact Statement and a copy of the corresponding administrative rules for the following: vfSk' SC_T' Y 4 

### Env-A 1200. VOC RACT Minor Core Activity Rules
Please fax the Fiscal Impact Statement to Peter Demas at 271-8805.

If you have any questions, please contact Peter Demas at 271-2464.

cc: Gretchen Hamel, Administrator, DES Legal Unit
ec: Karla McManus, ARD Planning and Rules ManagerOFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FOR FISCAL IMPACT STATEMENT (FIS)

FIS Number Rule Number Env-A 1201 .04(b)(1), 1203.38, 1212.04(a), 1222.01(b)

RSA 125-C:4, 1(a) & (d) 42 U.S.C. 7410, 7502(c), & 7511c 1. Agency Name & Address:
Department of Environmental Services 29 Hazen Drive P.O. Box. 95 Concord, NH 03302-0095 RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment Interim rule Have the rules expired? Date Expired: x

x

Yes 

## El No

Short Title: VOC RACT Minor Core Activity Rules

Contact Person:
Name: Title:

Peter Demas

Address: Department of Environmental Services

29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Legal Coordinator, Legal Unit

Phone II: 271-2464 Fax#: 271-8805



### Summarize the rule. The proposed rule will extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarif' that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 1201.04(c) and Env-A 1203.38; and include a VOC limit for clear topcoats used in miscellaneous metal parts coating operations that was inadvertantly excluded when readopting the prior rule.

Is 

### the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that is instigating this rule. There are no costs attributable to this rule. The rules are being adopted pursuant to RSA 125-C:4, 1(a) and (b) to implement RSA 125-C:6, II and XVII, and 42 U.S.C. 7410, 7502(c), and 751 ic. 

### Compare the cost of the proposed rule with the cost of the existing rule, if 

### there is an existing rule.REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2

Because 

### any costs are attributable to the state and federal statutory requirements, there is no difference in costs between the existing rules and the proposed rules. 

### Describe the costs and benefits to the state genera/fund which would result from this rule. There are no costs or benefits to the state general fund resulting from the proposed rule. 

### Explain and cite the federal mandate for the proposed rule, if 

### there is such a mandate. How would the mandate affect state funds? 42 U.S.C. 7410 requires each state to prepare a plan which provides for implementation, maintenance, and enforcement of each national ambient air quality standard (NAAQS) in each air quality control region (or portion thereof) within the state. In the case where an area in the state has been designated a nonattainment area, 

### i.e., an area where air quality does not meet a NAAQS, 42 U.S.C. 7502(c) requires the plan to provide for the implementation of all reasonably available control measures as expeditiously as practicable, including such reductions in emissions from existing sources in the area as may be obtained through, at a minimum, the adoption of RACT, and must provide for attainments of the NAAQS. Four New Hampshire counties have been designated nonattainment areas for ozone, which is formed in part by emissions of VOC. In addition, 42 U.S.C. 

### .75 lie establishes an ozone transport region that includes the entire state of New Hampshire. States included in this region are also required to adopt rules to control the formation of ozone, including VOC RACT rules. If the state complies with these federal mandates, it is eligible to receive grant monies from the federal government pursuant to 42 U.S.C. 7405. New Hampshire received approximately $1.7 million in federal money in fiscal year 2009 for all of the DES air programs, which is deposited to state special fund 010-044-9000. Because the funds are received in a block grant, it is not possible to estimate the portion attributable to the proposed rules. 

### Describe the cost and benefits to any state special fund which would result. There are no costs or benefits to any state special fund resulting from the proposed rule. 

### Describe the costs and benefits to the political subdivisions of the state. There are no costs or benefits to political subdivisions of the state resulting from the proposed rule. 

### Describe the costs and benefits to the citizens of the state. Because any costs are attributable to the state and federal statutory requirements, there will be no costs or direct financial benefits to citizens of the state as a result of the proposed rules. The proposed rules will continue to benefit all citizens of the state through the reduction of VOC emissions. 

### Describe the costs and benefits to any independently owned business, including a description of the spec/Ic reporting and recordkeeping requirements upon those employing fewer than 10 employees. Because any costs are attributable to the state and federal statutory requirements, there will be no costs or direct financial benefits to independently owned businesses caused by these rules. There are no specific reporting or recordkeeping requirements upon those employing fewer than 10 employees.Added text in bold italics Initial Proposal 2-29-12 1

Deleted text struck through

Amend Env-A 1201.04(b)(1) and(c), eff. 6-1-11 (doc. #9933), to read as follows: Env-A 1201.04 Exemptions: Conditions.

(b) If a classifiable process or device that was not subject to this chapter prior to the 2011 effective date of this chapter, meets or exceeds the applicability threshold for its VOC category as specifiedin Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01,EnvA 1219.01, Env-A 1220.01, or Env-A 1221.06 on the 2011 effective date of this chapter, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit modification within one year after the 2011 effective date of this chapter by June 1, 2013;

One or more M minor core activities of VOCsat a stationary source having total aggregate actual emissions of not more less than 5 tons per year or the threshold for the relevant VOC category, whichever is less, combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter.

Readopt with amendment Env-A 1203.38, eff. 6-1-11 (doc. #9933), to read asfollows Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the aggregate actual VOC emissions from all processes and devices associated with the minor core activity de not exceed either are less than both of the following: The relevant RACT applicability emissions threshold for any category listed in Env A 1201.02(b)(1) through (9); ei-and A total of 5 actual tons per consecutive 12-month period. Amend Env-A 1212.04(a), eff. 6-1-11 (doc. #9933), to read as follows: Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: (a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings
Coating Category Air Dried Baked kg VOC/l coating lb VOC/gal

coating kg VOC/1

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3

### Added text in bold italics 

### Initial Proposal 2-29-12 2

Deleted text struck through General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 0.42 3.5 

### Electric-Insulating Varnish 0.42 3.5 

### 0.42 3.5 

### Etching Filler 0.42 3.5 

### 0.42 3.5 Extreme High-Gloss 0.42 3.5 

### 0.36 3.0 Extreme Performance 0.42 3.5 

### 0.36 3.0 Heat-Resistant 0.42 3.5 

### 0.36 3.0 High Performance Architectural 0.74 6.2 0.74 6.2 High Temperature 0.42 3.5 

### 0.42 3.5 

### Metallic 0.42 3.5 

### 0.42 3.5 

### Military Specification 0.34 2.8 0.28 2.3 Mold-Seal 0.42 3.5 

### 0.42 3.5 

### Pan-Backing 0.42 3.5 

### 0.42 3.5 Prefabricated Architectural Multi-Component 0.42 3.5 

### 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 0.28 2.3 Pretreatment Coatings 0.42 3.5 

### 0.42 3.5 

### Repair and Touch Up 0.42 3.5 

### 0.36 3.0 Silicone-Release 0.42 3.5 

### 0.42 3.5 

### Solar-Absorbent 0.42 3.5 

### 0.36 3.0 Top Coat, Clear or Transparent 0.52

. 4.3 0.52 4.3 

### Vacuum-Metalizing 0.42 3.5 

### 0.42 3.5 Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior 0.42 3.5 

### 0.42 3.5 

### Drum Coating, Reconditioned, Exterior 0.42 3.5 

### 0.42 3.5 Drum Coating, Reconditioned, Interior 0.50 4.2 0.50 4.2

Amend Env-A 1222.01 (b), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources.

(b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03:

VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design;

### Added text in bold italics 

### Initial Proposal 2-29-12 3

Deleted text struck through

VOC emissions from non-core activities listed in Env-A 1203.53; VOC emissions from minor core activities having aggregate total actual VOC emissions of not more than 5 

### tons per consecutive 12 month period; and (7 

### 6)Testing and research activities excluded under Env-A 1201.04(d).

Appendix 'Rule Section(s) State Statute(s) Federal Statute(s) and Regulation(s) Implemented Implemented 

### Env-A 1201.04(b)(1) & 

### (c) RSA 125-C:4, 

### 1(a) 42 U.S.C. §7410, §7502(c) & §751 

### ic Env-A 1203.38 RSA 125-06, II Env-A 1212.04, intro & 

### (a) ' 

### Env-A 1222.01(b)

### FISCAL IMPACT STATEMENTNH OFC LEG BDGT ASST Fax 603-211-1097 Mar 92012 09:58am P002/002

LBAO FIS 12:032 03/08/12
Fiscal Impact Statement for Department of Environmental Services rules governing VOC RACT Minor Core Activity Rules. [EnvA 1201 .04(b)(1), 1203.38, 1212.04(a), 1222.01(b)] Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: 42 USC 7410 requires the submission of on implementation plan that provides for implementation, maintenance and enforcement of each national ambient air quality standard in each air quality control region within the state. In the case where an area in the state has been designated an area where air quality does not meet a national ambient air quality standard, 42 USC 7502(c ) requires the plan to provide for the implementation of all reasonably avaiiable control measures as expeditiously as practicable, including 

### such reductions in emissions form existing sources in the areas as may be obtained through, at a minimum, the adoption of reasonably available control technology and must provide for the attainment of the air quality standards. There are four counties in the State designated as nonattairiment areas for ozone. In addition, 42 USC 751 Ic establishes an ozone transport region that includes the entire State of New Hampshire. States included in this region are required to adopt rules to control the formation of ozone. The State is eligible to receive grant monies if it is in compliance with the federal mandates. The State receives approximately $1.7 million in a block grant annually for all of the Department's air programs, so it Is not able to estimate the portion that is attributable to the proposed rules and might be impacted if the rules were not adopted. There is no impact on statC funds. Cost and benefits of the proposed rule(s); There are no additional costs or benefits attributable to the proposed rules
To State general or State special funds: None. To State citizens and political subdivisions: None. To independently owned businesses: None.

### RULEMAKING NOTICE FILING

### STATE OF NEW HAM 

### PSifiRE

%.4PVbDATE 

### March 14, 2011 FROM 

### Thomas S. Burack

Commissioner AT (OFFICE) DES
SUBJECT 

### Rulemaking Notice

TO 

### Office of Legislative Services

Division of Administrative Rules

Please accept for filing the enclosed Rulemaking Notice for the following rules: Env A 1201 04(b)(1), 1203 38 1212 

### 04(a), 1222 01(b) VOC RACT Minor Core Activity Rules



### Questions fromOLS regarding the Rulemaking Notice should be directed to Peter Demas at 271- 24 64. Questionsfrom the public regarding the proposed rules, public hearing, or public comment period should be directed to Karla McManus at 271-6854.

Enclosures

cc: Gretchen Hamel, DES Legal Unit Administrator

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager ARD Distribution listRULEMAKING NOTICE

Notice Number Rule Number Env-A 1201.04(b)(1) & (c), 1203.38, 1212.04, intro, and (a), 1222.01(b) RSA Authority: RSA 125-C:4, 1(a) & (d) Federal Authority: 42 U.S.C. 7410, 7502(c), & 7511c Type of Action: Adoption Amendment x Repeal Readoption Readoption w/amendment x 1. Agency Name & Address:
Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

Short Title: VOC RACT Minor Core Activity Rules (a) Summary of what the rule says and of any proposed amendments: Volatile organic compounds (VOCs) can interact with nitrogen oxides (NOx) to form ozone; reducing VOCs will, in turn, reduce ozone formation. The existing rules, Env-A 1200, are intended to control the emission of VOCs from certain processes by establishing Reasonably Available Control Technology (RACT) requirements. Sources that are subject to the rules have the option of meeting specified emission limits, control techniques, or work practice standards, or of obtaining a RACT order containing equivalent conditions. The proposed rules will extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarify that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 1201.04(c) and Env-A 1203,38; and include a VOC limit for clear topcoats used in miscellaneous metal parts coating operations, which was inadvertently excluded in the readoption of the prior rule. 6. (b) Brief description of the groups affected: Sources that became subject to Env-A 1200 on June 1, 2011, will have more time to apply for a permit to opt out of VOC RACT.

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule Section(s) State Statute(s) Federal Statute(s) and Regulation(s) Implemented Implemented Env-A 1201.04(b)(1) & (c) RSA 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c) & §7511c Env-A 1203.38 RSA 125-C:6, II Env-A 1212.04 , intro. & (a) Env-A 1222.01(b)

Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Address: Department of Environmental Services

29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Title: ARD Planning and Rules Manager Phone#: 271-6854 Fax#: 271-1381RULEMAKING NOTICE - Page 2

The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1- http://des.nh ,gov/organization/commissioner/legal/rulemaking/index .htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Monday, April 23, 2012 at 4:00 p.m. 

# rom lE-mail flOther format (specify): Public hearing scheduled for: Date and Time Monday, April 16, 2012 at 1:00 p.m. Place: Room 111, DES Office, 29 Hazen Drive, Concord, NH 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:032 , dated 03/08/2012:
Comparison of the costs of the proposed rules(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: 42 

# Usc 7410 requires the submission of an implementation plan that provides for implementation, maintenance and enforcement of each nation al ambient air quality standard in each air quality control region within the state. In the case where an area in the state has been designated an area where air quality does not meet a national ambient air quality standard, 42 USC 7502(c) requires the plan to provide for the implementation of all reasonably available control measures as expeditiously as practicable, including such reductions in emissions form from existing sources in the areas as may be obtained through, at a minimum, the adoption of reasonably available control technology and must provide for the attainment of the air quality standards. There are four counties in the. State designated as nonattainment areas for ozone. In addition, 42 USC 7511c establishes an ozone transport region that includes the entire State of New Hampshire. States included in this region are required to adopt rules to control the formation of ozone. The State is eligible to receive grant monies if it is in compliance with the federal mandates. The State receives approximately $1.7 million in a block grant annually for all of the Department's air programs, so it is not able to estimate the portion that is attributable to the proposed rules and might be impacted if the rules were not adopted. There is no impact on state funds. Cost and benefits of the proposed rule(s): There are no additional costs or benefits attributable to the proposed rules. To State general or State special funds: None To State citizens and political subdivisions: None To independently owned businesses: None 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The Department does not believe at this time that these changes will cause any political subdivisions of the state to incur any new or additional costs. Accordingly, the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution, because they do not assign any new, modified, or expanded programs or responsibilities to political subdivisions of the state.

### RULEMAKING REGISTER

### NEW HAMPSHIRE



# RULEMAKING REGISTER

OFFICE OF LEGISLATIVE SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6312 Tel, (603) 271-3680 TDD Access: Fax (603) 271-7871 Website: www.gencourt.state.nh.uslrules/index.html Relay NH 1-800-735-2964

VOLUME XXXII, Number 12, March 22, 2012

TABLE OF CONTENTS
1. OFFICE OF LEGISLATJVE.SER VICES

. Pane No.

List of Notices of Proposed Rules NN 2012-39 through NN 2012-45 -1- Notices of Proposed Rules
2. COMMITTEE (JLCAR)

REGULAR MEETING: Friday, March 30, 2012 9:00 a.m. State House Room 103 

### See comments with asterlslq'*) below,

a. List of Final Proposals/Proposed Interim Rules 22



### JLCAR MEETING DATES AND RELATED FILING DEADLINES

MARCH-J1JNE, 2012 The JLCAR has voted to hold its regularly scheduled meetings for March through June, 2012 on the third Friday of the month as listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 541-A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed below on select Fridays to address items postponed from the prior regular meetings. Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date March 16* March30* None* April 6 April 20 May.4 May4 May18 June 1 June 1 June15 June29 

### *The regular meeting scheduledfor March 16 was cancelled, and re-scheduledfor March 30, which had been the continued meeting date. Pursuant to RSA 541-A :12, I and RSA 541-A :19, V, the regular meetlizg 

### filing deadline therefore moved from March 2 to March 16. The complete list 

### of Final Proposals and Proposed Interim Rules for JLcAR' review on March 30.appears on page 22.

### NEW HAMPSHIRE RULEMAKING REGISTER

Notices 

### of ProiDosed Rules
Notice Number Rule Number Agency and Short Title of Rule 2012-39 Saf-C 500 Department of Safety, Commissioner Vehicle Registration Rules. 2012-40 Saf-C 1700 Department of Safety, Commissioner International Registration Plan Rules. 2012-41 Saf-C 1100 Department of Safety, Commissioner Authority to CiteFire Safety and Licensing Violators Rules.
2012-42 Env-A 1201 .04(b)( 1) Department of Environmental Services

& (c), 1203,38, Air Related Programs 1212.04 intro. & (a), VOC RACT MinOr Core Activity Rules. & 1222.01(b 2012-43 He-P 4071 Department of Health and Human Services Former Division of Public Health Services Low-Level Radioactive Waste Management Fund.
201244 1-le-M 520.0 1(n), (p), Department of Health and Human Services

& (ab),520.02(à) & Former Div. of Mental Health & Developmental Svcs. (i)(2), & 520.05(d) Special Medical Services - CHIP Transition Amendments. &(e
.2012-45 He-W 500 various, Department of Health and Human Services

.He-W 600 various, & Former Division of Human Services He-W 910 Children's Health Insurance Program (CHIP) Transition Rules. Page No. 1

5

11

13

15

17



### JLCAR MEETING DATES AND RELATED FILING DEADLINES

JULY-DECEMBER, 2012 The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2012 on the third Thursdays listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for agencies to file final proposals orproposed interim rules for placement on the .JLCAR agetida pursuant to RSA 541-A: 12, land RSA 541-A: 19,V. The JLCAR has also scheduled continued meetings as listed below on select Thursdays to address any items postponed from the prior regular meetings. 

### Regular Meeting Regular Meeting Continued Meeting Filing'Deadline Date Date July 5 

### July 19 August 2 August 2 

### August 16 September 6 September 6 

### September20 October 4 October 4 

### October 18 November 1 N.ovember 1 

### November 15

. December 6 December 6 

### December 20 None

51

### NEW HAMPSHIRE RULEMAKING REGISTER 

### March 22, 2012 Page 

### 11

Notice Number 20 12-42 RuleNumber Env-A 1201.04(b)(1) &(c), 1203,38, 1212.04 intro, and (a), 1222.01(b) 1. Agency Name & Address:,
Department of Environmental Services 29 Hazen Drive P.O. Box 

### 95 Concord, NH 03302-0095 RSA Authority: Federal Authority:
Type of Action: Adoption Amendment Repeal Readoption RSA 125-C:4, 1(a) & (d)

42 U.S.C. 7410, 7502(c), &



### 7511c

x

w/amendment x Short Title: VOC RACT Minor Core Activity Rules (a) Summary of what the rule says and of any proposed amendments: Volatile organic compounds (VOCs) can interact with nitrogen oxides (NOx) to form ozone; reducing VOCs will, in turn, reduce ozone formation. The existing rules, Env-A 1200, are intended to control the emission of VOCs from certain processes by establishing Reasonably. Available Control Technology (RACT) requirements. Sources that are subject to the rules have the option of meeting specified emission limits, control techniques, or work practice standards, or of obtaining a RACT order containing equivalent conditions. The proposed rules will extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject.to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarify that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 1201 .04(c)and Env-A 1203.38; and include aVOC limit for clear topcoats used in miscellaneous metal parts coating operations, which was inadvertently excluded in the readoption of the prior rule. 6. (b) Briei description of the groups affected: .S:ources that became subject to Env-A 1200 on June 1,2011, will have more time to apply for a permit to opt out of VOC RACT.

6, (c) Specific section or sectiois of state statute or federal statute orregulation whichthe rule is intended to implement: Rule Section(s) State Statute(s) Federal Statute(s) and Regulation(s) Implemented

. Implemented Env-A 1201.04(b)(1) & (c) RSA 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c) & §7511c Env-A 1203.38 RSA 125-C:6, II Env-A 1212.04 intro, & (a) •Bnv-A 1222.01(b)

.

Contact person for copies and questioni including requests to accommodate persons with disabilities: Title: ARD Planning and Rules Manager Address: Department of Envirotuiiental Services Phone #: 271-6854

29 Hazen Drive P.O. Box 95 F)# 271-1381 Concord, NH 03302-0095 The rules also can be viewed in PDF at TY/TDD Access: Relay NH 1- 800-735-2964 or dial 711 (in NH) Name: Karla McManus

### NEW HAMPSHIRE RULEMAKING RItGISTER March 22, 2012 Page 12

NN 20 12-42 Continued Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Monday, April 23, 2012 at 4:00 p.m. Fax SE-mail Other format (specify): Public hearing scheduled for: Date and Time: Monday, April 16, 2012 at 1:00 p.m. Place: Room 111, DES Office, 29 Hazen Drive, Concord, NH Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:032, dated 03/08/2012: Comparison of the costs of the proposed rules(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: 42 

# Usc 7410 requires the submission of an implementation plan that provides for implementatidn, maintenance and enforcement of each nation al ambient air quality standard in each air quality control region within the state. In the case where an area in the state has been designated an area where air quality does not meet a national ambient air quality standard, 42 USC 

### 7502(c) requires the plan to provide fot the implementation of all reasonably available control measures as ôxpeditiously as practicable, including such reductions in emissions form from existing sources in the areas as may be obtained, through, at a minimum, the adoption of reasonably available control technology and must provide for the attainment of the air quality standards. There are four counties in the State designated as nonattairiment areas for ozone. In addition, 42 USC 7511 c establishes an ozone transport region that includes the entire State of New Hampshire. States included in this region are required to adopt rules to control the formation of ozone. The State is eligible to receive grant monies if it is in compliance with the federal mandates, The State receives approximately $1.7 million in a block grant annually for all of the Department's air programs, so it is not able to estimate the portion that is attributable to the proposed rules and might be impacted if the rules were not adopted. There is no impact on state funds. Cost and benefits of the proposed rule(s): There are no additional costs or benefits attributable to the proposed rules. To 'State general or State special funds None To State citizens and political subdivisions: None To independently owned businesses: None 11, Statement Relative to Part I, Article 28-a of the N.H. Constitution: The Department does not believe at this time that these changes will cause any'political subdivisions of the state to incur any new or additional costs. Accordingly, the proposed rules do not violate Part I, Article 28-a of'the New Hampshire Constitution, because they do not assign any new, modified, or expanded programs or responsibilities to political subdivisionsof the state.

### ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES

### Added text in bold italics Initial Proposal 2-29-12 1

Deleted text struck through

Amend Env-A 1201. 04(b)(1) and(c), eff. 6-1-11 (doc. #9933), to read as follows. Env-A 1201.04 Exeinptions Conditions,
li *-j Edit Delete. Comment applies here and subsequently. 

### (b) If a classifiable process or device that was not subject to this chapter prior to the 2011 effective date of this chapter, meets or exceeds the applicability threshold for its VOC category as specifiedin Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214,01, Env-A 1215.06, Env-A 1216.01, EnvA 1219.01, Env-A 1220.01, or Bay-A 1221.06 on the 2011 effective date of this chapter, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit modification within ono year after the 2011 effective date of this ohaptor by June 1, 2013;

One or more 

### M minor core activities of VOCs at a stationary source having total aggregate actual emissions of not more less 

### than 5 

### tons per year or the thro3hold for the relevant VOC-category, whichever i lecz, 

### combined for all classifiable and unclassifiable processes or deviôes,. shall be exempt from the provisions of this chapter. S

Readopt with amendment Env-A 1203.38, eff

. 6-1-11 (doc. #9933), to read as follows. • Env-A 1203 .38 "Minor core activity" means any core activity at a stationary source for which the aggregate actual VOC emissions from all processes and devices associated with the minor core 

### activity de not exceed either are less than both 

### of the following: The relevant 

### RACT applicability emissions threshold for any category licted in Env A 120 1.02(b)(1) tlu'ough (9); er-and



### . A total of 5 actual 

### tons per consecutive 12-month period. Amend Env-A 1212; 04(a), eff 6-1-11 (doc. #9933), to read as follows: Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous. metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

• (a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, bèidw:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings
Coating Category Air Dried Baked kg VOC/l coating lb VOC/gal

coating k.g VOC/l

coating lb VO/gal

coating General, One-Component 0.34 2.8 0.28

• 

### 2.3

### Added text in bold italics 

### Initial Proposal 2-29-12 2

Deleted text Am& through General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 0.42
' 3.5 

### Electric-Insulating Varnish 0.42 3.5 0.42 3.5 

### EtchingFiler 0.42 3.5 

### 0.42 3.5 Extreme High-Gloss 0.42 3 ;5 

### 0.36 3.0 Extreme Performance 0.42 ':3.5 

### 0.36 3.0 Heat-Resistant

. . . 

### •0.4, 3.5 

### 0.36 3.0 High Performance Architectural 0.74 6.2 0,74 6.2 High Temperature

. 

### 0.42 3.5 0.42 3.5 Metallic 0.42 3.5

. 

### 0.42 3.5 

### Military Speciflcatkffl

. 

### 0.34 2.8 0.28 2.3 Mold-Seal 0.42 3.5 

### 0.42 3.5 

### Pan-Backing 0.42 3.5. 

### 0.42 3.5 Prefabricated Architectural Multi-Component 0.42 3.5 

### 0.28 2.3 Prefabricated Architectural One-Component 0.42 3,5 

### 028 2.3 Pretreatment Coatings

. , 

### 0.42 3.5 0.42
° 35 

### Repair and Touch Up

. °' 

### 0.42 .3,5 

### 0.36 3.0 Silicone-Release 0.42 3.5 

### 0.42 3.5 Solar-Absorbent S 0.42° 3.5 0.36 3,0 Top Coat, Clear or 

### Transparent

. . 0.52
° 4.3 0.52

. 4,3 

### Vacuum-Metalizing

. . 

### 0.42 3.5 

### 0.42 3,5 Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior

. 

### 0.42 3.5 

### 0,42

. 3.5 

### Drum Coating, Reconditioned, Exterior.

. . 

### 0°.:42 3.5

. 

### 0.42 3,5' 

### Drum Coating, Reconditioned, Interior

., .,. 

### 0.50.... 4.2 0.50 4.2

4
Amend 

### Env-A 122201 (b), eff. 6-1-11 (doe #9933), to read as follows 

### Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources.

(b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03:

VOC-thnitting processes and devices that are subject to regulation under 40 CFR 61 or40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been detennined to be achieving Best Available Control Technology (BACT) for VOC or the LowestAchievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affçcted VO.C-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving PACT pursuant to a federally enforceable rule, or permit; S Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically, changed under oxygen-deficient conditions by design; .Added text in 

### bold italics Initial Proposal 2-29-12 3

Deleted text atruck through

VOC emissions from non-core activities listed in Env-A 1203,53; VOC emissiolis from minor oors-aGtiities having aggregate total actual VOC emi&sions of not more than 

### 5 tonc per ooncooutive 12 month period; a n d 

### (7 6).Testing and research activities excluded under Env-A 1201,04(d).

Appendix Rule Section(s) State Statute(s) Federal Statute(s) and Regulation(s) Implemented Implemented Env-A 1201 .04(b)(1) & (c) RSA 

### 125-C:4, 1(a) 42 U.S.C. 7410, 

### §7502(c)& §751lc Env-A 1203.38 RSA 125-C:6, II Env-A 1212.04 intro & (a) Env-A 1222.01(b)

### FINAL PROPOSAL FILINGSTATE OF NEW HAMPSHIRE

DATE 

### May25, 2011

FROM 

### ThoThas S. Burac

Commissioner AT (OFFICE) DES

SUBJECT 

### Final Proposal #2012-42

TO 

### Office of Legislative Services

Division of Administrative Rules

In accordance with RSA 541-A 12, enclosed please find the Final Proposal Cover Sheet and copies of the corresponding rule for the following rules Env-A 1200, various sections: VOC RACT Minor Core Activity Rules

If you have any questions, please contact Gretchen Hamel at 271-3137 or Karh McManus at 

### 271-6854.

Enclosures

cc: Gretchen Hamel, DES Legal Unit
ec: Karla MeManus, DES ARDCOVER SHEET FOR FINAL PROPOSAL Env-A 1201.04(b) intro & (1) and (c); Env-A 1203.38; Notice Number 2012-42 Rule Number Env-A 1212.04, intro & (a); Env-A 1222.01(b) 1. Agency Name & Address:

NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RSA Authority: RSA 125-04, 1(a) & (d) Federal Authority: 42 U.S.C. 7410, 7502(c), & 7511c Type of Action: Adoption Amendment 

# E Repeal Readoption Readoption w/amendment

Short Title: VOC RACT Minor Core Activity Rules Contact person for copies and questions: Name: Karla McManus Address: NH Dept. of Environmental Services

29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095 Title: ARD Planning and Rules Manager Phone #: (603) 271-6854

Yes 

## Ej No 

## Z Agency requests Committee legal counsel review and delayed Committee review pursuant to RSA 54 1 -A: 12, I-a The rulemaking notice appeared in the Rulemaking Register on March 22, 2012. Yes N/A 

## Z Agency notified policy committees, or House Speaker and Senate President, pursuant to RSA 541-A: 10, I, because this is the first time this rule or its amendments have been proposed to implement newly-enacted state authority.

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET

AND 2 COPIES OF THE FOLLOWING: (numbered correspondingly) The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541 -A:3-a, II as an appendix.
Yes 

## Ej N/A 

## Z Incorporation by Reference Statement(s) because this rule incorporates a document or

Internet content by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A: 12, III. Yes 

## Z N/A The "Final Proposal-Annotated Text" indicating how the proposed rule was changed

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A: 12, 11(e). Yes N/A 

## Z The amended fiscal impact statement because the change to the text of the Initial

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, VI.#10 

### FP 20 12-42 Fixed Text 05-24-12

Amend Env-A 1201.04(b) intro and (1) and (c), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1201.04 Exemptions; Conditions. If a classifiable process or device that was not subject to this chapter prior to June 1, 2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01,Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or EnvA 1221.06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit modification on or before May 31, 2013; One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 

### tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter. Readopt with amendment Env-A 1203.38, eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following: The relevant RACT applicability emissions threshold; and A total of 5 

### actual tons per consecutive 12-month period. Amend Env-A 1212.04 intro and (a), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: (a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings
Coating Category Air Dried Baked kg VOC/1 coating lb VOC/gal

coating kg VOC/1

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3 General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 

### 0.42 3.5 Electric-Insulating Varnish 0.42 3.5 

### 0.42 3.5 

### Etching Filler 0.42 3.5 

### 0.42 3.5 Extreme High-Gloss 0.42 3.5 

### 0.36 3.0 Extreme Performance 0.42 3.5 

### 0.36 3.0 Heat-Resistant 0.42 3.5 0.36 3.0 High Performance Architectural 0.74 6.2 0.74 6.2 High Temperature 0.42 3.5 0.42 3.5 

### Metallic 0.42 3.5 

### 0.42 3.5 

### Military Specification 0.34 2.8 0.28 2.3 Mold-Seal 0.42 3.5 

### 0.42 3.5

### PP 2012-42 Fixed Text 05-24-12 2

Coating Category Air Dried Baked kg VOCI1 coating lb VOC/gal

coating kg VOC/1

coating lb VOC/gal

coating Pan-Backing 0.42 3.5 0.42 3.5 

### Prefabricated Architectural Multi-Component 0.42 3.5 

### 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 

### 0.28 2.3 Pretreatment Coatings 0.42 3.5 0.42 3.5 

### Repair and Touch Up 0.42 3.5 

### 0.36 3.0 Silicone-Release 0.42 3.5 0.42 3.5 

### Solar-Absorbent 0.42 3.5 0.36 3.0 Vacuum-Metalizing 0.42 3.5 

### 0.42 3.5 Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior 0.42 3.5 

### 0.42 3.5 Drum Coating, Reconditioned, Exterior 0.42 3.5 

### 0.42 3.5 Drum Coating, Reconditioned, Interior 0.50 4.2 0.50 4.2 Amend Env-A 1222.01(b), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources. (b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03: VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design; VOC emissions from non-core activities listed in Env-A 1203.53; Testing and research actiyities excluded under Env-A 1201.04(d)

Appendix Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented Env-A 1201.04(b)(1) & 

### (c) RSA 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c), & §751 

### ic Env-A 1203.38 RSA 125-C:6, II Env-A 1212.04 intro & 

### (a) Env-A 1222.01(b)

### Added text in bold italics #12 

### FP 2012-42 Annotated 05-24-12

Deleted text struck through Amend Env-A 1201.04(b) intro and (1) and (c), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1201.04 Exemptions; Conditions. (b) If a classifiable process or device that was not subject to this chapter prior to the 2011 effective date of this chapter, June 1, 2011 

### meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, EnvA 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, orEnv-A 1221.06 on the 2011 effective date of this chapter June 1, 2011, 

### the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit modification by June 1, 2013 on or before May 31, 2013; 

### (e) One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 

### tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter. Readopt with amendment Env-A 1203.38, eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following: The relevant RACT applicability emissions threshold; and A total of 5 

### actual tons per consecutive 12-month period. Amend Env-A 1212.04 intro and (a), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: (a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings
Coating Category Air Dried Baked kg VOC/1 coating lb VOC/gal

coating kg VOC/I

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3 General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 

### 0.42 3.5 

### Electric-Insulating Varnish 0.42 3.5 

### 0.42 3.5 Etching Filler 0.42 3.5 0.42 3.5 Extreme High-Gloss 0.42 3.5 0.36 3.0 Extreme Performance 0.42 3.5 0.36 3.0 Heat-Resistant 0.42 3.5 0.36 3.0 High Performance Architectural 0.74 6.2 0.74 6.2 High Temperature 0.42 3.5 

### 0.42 3.5 Metallic 0.42 3.5 0.42 3.5 

### Military Specification 0.34 2.8 0.28 2.3

### Added text in bold italics 

### FP 2012-42 Annotated 05-24-12 2

Deleted text struck 

### though

Coating Category Air Dried Baked kg YOC/1 coating lb VOC/gal

coating kg VOCI1

coating lb VOC/gal

coating Mold-Seal 0.42 3.5 

### 0.42 3.5 

### Pan-Backing 0.42 3.5 0.42 3.5 

### Prefabricated Architectural Multi-Component 0.42 3.5 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 

### 0.28 2.3 Pretreatment Coatings 0.42 3.5 0.42 3.5 

### Repair and Touch Up 0.42 3.5 

### 0.36 3.0 Silicone-Release 0.42 3.5 

### 0.42 3.5 

### Solar-Absorbent 0.42 3.5 0.36 3.0

or O2 473 4-4 Top Coat, Clear Transparent 

### Vacuum-Metalizing 0.42 3.5 

### 0.42 3.5 

### Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior 0.42 3.5 0.42 3.5 

### Drum Coating, Reconditioned, Exterior 0.42 3.5 0.42 3.5 

### Drum Coating, Reconditioned, Interior 0.50 4.2 0.50 4.2 Amend Env-A 1222.01(b), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources. (b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03: VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design; VOC emissions from non-core activities listed in Env-A 1203.53; Testing and research activities excluded under Env-A 1201.04(d).

Appendix Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

### Env-A 1201.04(b)(1) & 

### (c) RSA 

### 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c), & 

### §751 ic Env-A 1203.38 RSA 

### 125-C:6, II Env-A 1212.04 intro & 

### (a) Env-A 1222.0 1(b)

### ANNOTATIONS TO THE FiNAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES#10 FP 20 12-42 Fixed Text 05-24-12 

# El Amend Env-A 1201.04(b) intro and (1) and (c), eff. 6-1-11 (doc, #93)3&rd 

### fóiP Env-A 1201.04 Exemptions: Conditions, I If a classifiable process or device that was not subject to this chapter prior to June 1, 2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01,Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or EnvA 1221.06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit niodification.on or before May 31, 2013; One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter. Readopt with amendment Env-A 1203.38, eff. 6-1-11 (doc. #9933), to read as follows: Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following: The relevant RACT applicability emissions threshold; and A total of 5 actual tons per consecutive 12-month period. Amend Env-A 1212.04 intro and (a), eff. 6-1-11 (dx. #9933), to read as follows: Env-A 1212,04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: (a) Subject to (b), below, control option I shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-I, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings

. ... .. .

- - - Air Dried

. Baked gY9C11 coating lb VOC/gal.

coating kg VOC

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3 General, Multi-Component 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 0.42 3.5 Electric-insulating Varnish 0.42 3.5 0,42 3.5 Etching Filler 0.42 3.5 0.42 3.5 Extreme High-Gloss 0.42 3.5 0.36 3.0 Extreme Performance 0.42 3.5 0.36 3,0 Heat-Resistant 0.42 .3,5 0.36 3.0 High Performance Architectural 0.74 

## 7 6.2 0.74 6.2 High Temperature

. 0.42 

## 7 3.5 0.42 3.5 Metallic 0.42 

## I 3.5 0.42 3.5 Military Specification
- 0.34 

# 7 2.8 0.28 2.3 i Mold-Seal 0.42 

## I 3.5 0.42 - 3.5PP 2012-42 Fixed Text 05-24-12 2

Coating Catgory Air Dried Baked kg VOC/I coating lb VOC/gal

coating kg VO/1

coating lb VOC/gàl

coating Pan-Backing 0.42 3.5 0.42 3.5 Prefabricated Architectural Multi-Component . 0.42 3.5 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 0.28 2.3 Pretreatment Coatings 0.42 3.5 0.42 3.5 pair and Touch Up

. . 0.42 3.5 0.36 3.0 Silicone-Release

. 0.42 3.5 0,42 3.5 Solar-Absorbent 0.42 3.5 0.36 3.0 Vacuum-Metalizing 0.42 3.5 0.42 3.5 Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior 0.42 3.5. 0.42 3.5 Drum Coating,. Reconditioned, Exterior 0.42 3.5 0.42

. 3.5 Drum Coating; Reconditioned, Interior

. 0.50 J 4.2 

## 1 0.50 4.2 Amend Env-A 1222.01(b), eff. 6-1-11 (doc. #9933), to read as follows: Bnv-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources. (b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03: VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which wa§ issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devicesthat have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design; VOC emissions from non-core activities listed in Env-A 1203.53; Testing and research activities excluded under Env-A 1201.04(d).

Appendix
Rule Section(s)

. State Statute(s) Implemented Federal Statute(s) Implemented Env-A 1201.04(b)(1)&(c) RSA 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c), & §7511c Env-A 1203.38 RSA 125-06, II Env-A 1212.04 intro & (a) Env-A 1222.01(b)

### ADOPTED RULE

### The State of New Flampshire



### ..r 

## Department of Environmental Services r"NHDES Thomas S. Burack, 

### Commissioner

CELEaRAr!NG - Celebrating 25 Years of Protecting 25 New Ham pshiré's Environment


### June 18, 2012 Jill K. Sieveking, Acting Director do 

### OLS, Division of Administrative Rules State House Annex, Room 219 Concord, NH 03301 Re: Adoption of Final Rules, FP #2012-42 Dear Director Sieveking: Please be advised that I, as Commissioner of the Department of Environmental Services, have adopted the following rules: Env-A 1200 various sections:* VOC RACT Minor Core Activity Rules * Env-A 1201.04(b) intro & (1) and (c); Env-A 1203.38; Env-A 1212.04, intro & (a); Env-A 1222.01(b) The Joint Legislative Committee on Administrative Rules approved these rules at its meeting on June 15, 

### 2012. A copy of the adopted rules is being filed electronically, concurrent with the e-fihing of this adoption letter. The original, signed adoption letter is being sent separately by messenger mail for your records. I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby certify that the enclosed are true copies of the rules I have adopted. Sincerely,

Thomas S. Burack Commissioner
Enclosure cc: Gretchen Hamel, DES Legal Unit Public Information and Permitting Office ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager www.des.nh.gov 29 Hazen Drive • P0 Box 95 • Concord, NH 03302-0095 (603) 271-3503 • TOD Access: Relay NH 1-800-735-2964

### 2012-42 Adopted Rule 06-18-12

Amend Env-A 1201.04(b) intro and (1) and (c), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1201.04 Exemptions; Conditions. If a classifiable process or device that was not subject to this chapter prior to June 1, 2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or Env

- A 122.1 .06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator files an application for a permit or permit modification on or before May 31, 2013; One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 

### tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter. Readopt with amendment Env-A 1203.38, eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1203.38 "Minor core activity" means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following: The relevant RACT applicability emissions threshold; and A total of 5 

### actual tons per consecutive 12-month period. Amend Env-A 1212.04 intro and (a), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating. Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply: (a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings
Coating Category Air Dried Baked kg VOC/1 coating lb VOC/gal

coating kg VOC/1

coating lb VOC/gal

coating General, One-Component 0.34 2.8 0.28 2.3 General, Multi-Component

. 

### 0.34 2.8 0.28 2.3 Camouflage 0.42 3.5 

### 0.42 3.5 Electric-Insulating Varnish 0.42 3.5 

### 0.42 3.5 Etching Filler

. 

### 0.42 3.5 0.42 3.5 Extreme High-Gloss 0.42 3,5 0.36 3.0 Extreme Performance 0.42 3.5 

### 0.36 3.0 Heat-Resistant 0.42 3.5 0.36

. 

### 3.0 High Performance Architectural 0.74 6.2 0.74 6.2 High Temperature 0.42 3.5 

### 0.42 3.5 

### Metallic

. 

### 0.42 3.5 

### 0.42 3.5 

### Military Specification 0.34 2.8 0.28 2.3 Mold-Seal

. 

### 0.42 3.5 

### 0.42 3.5

### 2012-42 Adopted Rule 06-18-12 2

Coating Category Air Dried Baked kg VOC/1 coating lb VOC/gal

coating kg VOC/1

coating lb VOC/gal

coating Pan-Backing 0.42 3.5 

### 0.42 3.5 

### Prefabricated Architectural Multi-Component 0.42 3.5 

### 0.28 2.3 Prefabricated Architectural One-Component 0.42 3.5 

### 0.28 2.3 Pretreatment Coatings 0.42 3.5 

### 0.42 3.5 

### Repair and Touch Up 0.42 3.5 

### 0.36 3.0 Silicone-Release 0.42 3.5 

### 0.42 3.5 Solar-Absorbent 0.42 3.5 0.36 3.0 Vacuum-Metalizing 0.42 3.5 

### 0.42 3.5 

### Drum Coating, New, Exterior 0.34 2.8 0.34 2.8 Drum Coating, New, Interior 0.42 3.5 

### 0.42 3.5 

### Drum Coating, Reconditioned, Exterior 0.42 3.5 0.42 3.5 

### Drum Coating, Reconditioned, Interior 0.50 

## 1 4.2 0.50 4.2 Amend Env-A 1222.01(b), eff. 6-1-11 (doc. #9933), to read as follows: 

### Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources. (b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03: VOC-emitting processes anddevices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below; VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules; VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit; Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design; VOC emissions from non-core activities listed in Env-A 1203.53; Testing and research activities excluded under Env-A 1201.04(d).

Appendix Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

### Env-A 1201.04(b)(1) & 

### (c) RSA 125-C:4, 1(a) 42 U.S.C. §7410, §7502(c), & 

### §7511c Env-A 1203.38 RSA 125-C:6, 

### II Env-A 1212.04 intro & 

### (a) Env-A 1222.01(b)FP 2012-42 Summary of Comments, Responses 05-25-12 1

Summary of Comments Received with DES Responses Volatile organic compounds (VOCs) can interact with nitrogen oxides (NOx) to form ozone; reducing VOCs will, in turn, reduce ozone formation. The existing rules, Env-A 1200, are intended to control the emission of VOCs from certain processes by establishing Reasonably Available Control Technology (RACT) requirements. Sources that are subject to the rules have the option of meeting specified emission limits, control techniques, or work practice standards, or of obtaining a RACT order containing equivalent conditions. The proposed rules will extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarify that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 1201.04(c) and Env-A 1203.38; and include a VOC limit for clear topcoats used in miscellaneous metal parts coating operations, which was inadvertently excluded in the readoption of the prior rule. Comments on the Initial Proposal were received in writing during the public comment period. The comments and DES's responses thereto are as follows: Comment: In Env-A 1201.04(b), since we now know what "the 2011 effective date. of this chapter" actually is, the rules will be easier to understand if that language is replaced with the actual date. Response: DES agrees and has inserted "June 1, 2011" in place of the more general phrase. Comment: In Env-A 1201.04(b)(1), the deadline is "by June 1, 2013" -- but June 1, 2013 is a Saturday, which means the deadline is really May 31, 2013. Thus, the rule would be clearer if the deadline is specified as "on or before May 31, 2013 ". Response: DES agrees and changed the deadline from "by June 1, 2013" to "on or before May 31, 2013". Comment. In Env-A 1212.04(a), Table 1212-1, "Top Coat, Clear or Transparent" should not be a separate emission limit because that category is not included in EPA 's Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. Response: DES has deleted the item based on a determination that sources can either comply with the general standard or get a RACT Order to use a different standard or credits.

### APPROVAL OF THE RULE BY THE JO[NT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULESJILL K. SIEVEKING

ACTING DIRECTOR STATE OF NEW HAMPSHIRE

OFFICE OF LEGISLATIVE SERVICES

STATEHOUSE 

## JUN 1 92012 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHIRE 03301-4951 

### June 15, 20 2 

# LEGAL UNIT

NOTICE NO. 

### 2012-42 RULE # Env-A 1201.04(b)(1) & (c), 1203.38, 1212.04 intro. & (a), & 1222.01(b)

RELATIVE TO : 

### VOC RACT Minor Core Activity Rules.

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the above cited rule at its meeting on JUNE 15, 

### 2012
The Committee voted to approve the proposal. You may proceed to adopt the rules in the proposal and file them with the Office of Legislative Services, Administrative Rules. If the effective life of any existing, regular rules in your proposal were extended during the rulemaking proceeding pursuant to RSA 541-A: 14-a, then all the rules in the proposal must be adopted within 30 days 

### of Committee approval. The rules also must be filed with an effective date not more than 60 days 

### from the date of filing. See Section 1.11 of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules (Manual). When filing the fmal rules, you are also required to file a cover letter indicating the date of final adoption and certifying the final rules are a true copy. See Section 2.21 of Chapter 3 in the Manual. The rules will become effective either at (1) 12:01 a.m. on the dày after the filing, (2) 12:01 a.m. on.the date specified in the cover letter to me when the rule is filed, or (3) such other date and time as specified in the cover letter, provided that the filing occurs before such effective date and time. Please send two (2) copies of the adopted rules.
Sincerely yours,

Jill K. Sieveking, Acting Director Office of Legislative Services

TDD Access: Relay NH 1-800-735-2964 DI RECTOR (603) 271-3432 RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

## EVIDENCE OF PUBLIC NOTICE 40 CFR Part 51, Appendix V, 2.1(1)

# 593448 UNION LEADER CORPORATION

P0 BOX 9513 MANCHESTER, NH 03108

STATE OF NH ST/ AIR RESOURCES COMM ATT VALERIE DAVID P0 BOX 95 CONCORD NH 03302-0095

I hereby certify that the legal notice of PUB HEARING 4/1 6 1:00 PM, P0 number:MINOR CORE RULES was published in the New Hampshire Union Leader and/or New Hampshire Sunday News, newspapers printed at Manchester, NH by the Union Leader Corp. On
03/16/2012

State of New Hampshire Hillsborough County Subscribed and sworn to before me this 16th day of March, 2012

........ 

# 4 Notary Public



### go s....

/ COMMISStON

ARY \ô 

# cW

### Public Notice Print Page 1 of I

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTA STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION CONCORD, NH NOTICE OF PUBLIC HEARING In accordance with RSA 541-A:6 and N.H. Admin. Rule Env-A 204.01(b) and 40 CFR § 51.102, notIce is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department), will hold a publIc hearing on proposed amendments to the NH Code of Administrative Rules and the State Implementation Plan on Monday, April 16, 2012. The public hearing will be held in Room 111, fIrst floor of the offices of the Department, 29 Hazen Drive, Concord, NH. At 1:00 pm. on Monday, April 16, 2012, the Department will receive testimony from the public concerning the proposed readoption with amendments of miscellaneous sections of Env-A 1200: Minor.Core Rules, The purpose of this rule is to extend by one year, from June 1, 2012 untIl June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of 'minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarify that actual, rather than potential, emissions should be calculated in determining whether an activity Is "minor core" under Env-A 1201.04(c) and Env-A 1203.38; and include a VOC limit for clear topcoats used in miscellaneous metal parts coating operations that was inadvertantly excluded when readopting the prior rule. Testimony may be presented orally and/or in writing at the public hearing. The Department will receive written comments on the proposed rules until 4:00 p.m. on Monday, April 23, 2012. Please submit written comments to Karla McManus, Planning and Rules Manager, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03302-0095, Fax (603) 271-7053 or e-mail at Karla.McManusdes.nh.gov . Copies of all documentation pertaining to rulemakings for all air rules are available for Inspection at the offices of the Department at the address stated above. The proposed rule is also posted at Questions regarding the proposed rulemakings should be directed to Karla McManus at (603) 271-6854. Thomas S. Burack Commissioner NH Department of Environmental Services Dated: March 16, 2012 Appeared in: The Union Leader on Friday, 03/16/2012



### http://nh.mypublicnotices.comlPublicNotice/Popups/PrintNotice.asp?PrintNoticeList=270.. . 3/23/2012-- - - - - I



## CERTIFICATION OF PUBLIC HEARING 40 CFR Part 51, Appendix V, 2.1(g) a

1

### The State of New Hampshire



# Department of Environmental Services Thomas S. Burack, Commissioner Celebrating 25 years of



### protecting New Hampshire's environment.

June 

### 25, 2012

I Hereby Certify: That, in accordance with the provisions of NH RSA 541-A: 11 and section 110(a) of the Clean Air Act, as amended, public notice was given specifying that a public hearing regarding the proposed adoption of amendments to Env-A 1200 of the NH Code of Administrative Rules was to be held on April 16, 2012 at 1:00 p.m. in room ill of the offices of the New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH. The notice was published at least 30 days prior to the date of such hearing in a newspaper of general circulation. The notice stated that copies of documentation regarding the proposed adoption of amendments to Env-A 1200 of the NH Code of Administrative Rules, could be examined at the Department's offices or at http ://des. nh. gov/organizationlcommissioner/legal/rulemaking/index.htm. That the public hearing was held on April 16, 2012 at 1:00 p.m. in room Ill of the offices of the New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH, in accordance with the public notice. Since no members of the public attended the hearing, the presentation of the proposed rule and recordation of the presentation were determined to be unnecessary. Therefore, the hearing was closed at 1:10 p.m., and a memo stating the circumstances was added to the file. That the above statements are true to the best of my knowledge and belief.



# a& :5 4 L Craig A. ight Acting Director Air Resources Division

www.des.nh.gov 29 Hazen Drive • P0 Box 95 • Concord, NH 03302-0095 (603) 271-3503 • TDD Access: Relay NH 1-800-735-2964

## COMPILATION OF PUBLIC COMI%IENTS AND NEW HAMPSHIRE'S RESPONSE THERETO 40 CFR Part 51, Appendix V, 2.1(h)FP 2012-42 Summary of Comments, Responses 05-25-12 1

Summary of Comments Received with DES Responses Volatile organic compounds (VOCs) can interact with nitrogen oxides (NOx) to form ozone; reducing VOCs will, in turn, reduce ozone formation. The existing rules, Env-A 1200, are intended to control the emission of VOCs from certain processes by establishing Reasonably Available Control Technology (RACT) requirements. Sources that are subject to the rules have the option of meeting specified emission limits, control techniques, or work practice standards, or of obtaining a RACT order containing equivalent conditions. The proposed rules will extend by one year, from June 1, 2012 until June 1, 2013, the requirement to apply for a permit to opt out of VOC RACT for sources that first became subject to Env-A 1200 on June 1, 2011; expand the definition of "minor core activity" to include all VOC RACT categories covered by Env-A 1200, not just coating categories; clarify that actual, rather than potential, emissions should be calculated in determining whether an activity is "minor core" under Env-A 1201.04(c) and Env-A 1203.38; and include a VOC limit for clear topcoats used in miscellaneous metal parts coating operations, which was inadvertently excluded in the readoption of the prior rule. Comments on the Initial Proposal were received in writing during the public comment period. The comments and DES's responses thereto are as follows: Comment: In Env-A 1201.04(b), since we now know what "the 2011 effective date of this chapter" actually is, the rules will be easier to understand if that language is replaced with the actual date. Response: DES agrees and has inserted "June 1, 2011" in place of the more general phrase. Comment: In Env-A 1201.04(b)(1), the deadline is "by June 1, 2013" -- but June 1, 2013 is a Saturday, which means the deadline is really May 31, 2013. Thus, the rule would be clearer if the deadline is specified as "on or before May 31, 2013 ". Response: DES agrees and changed the deadline from "by June 1, 2013" to "on or before May 31, 2013".. Comment: In Env-A 1212.04 (a), Table 1212-1, "Top Coat, Clear or Transparent" should not be a separate emission limit because that category is not included in EPA's Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings. Response: DES has deleted the item based on a determination that sources can either comply with the general standard or get a RACT Order to use a different standard or credits.S7q. 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

LU 

### Region 1 5 Post Office Square, Suite 100

4 k PRO ' 

### Boston, MA 02109-3912

April 20, 2012
Karla MeManus ARD Planning and Rules Manager Department of Environmental Services 29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095
Dear Ms. McManus: The New Hampshire Department of Environmental Services (DES) is currently proposing revisions to the state's Env-A 1200: Volatile Organic Compounds (V005) Reasonably Available Control Technology (RACT) We have reviewed the proposed changes and are submitting the following comment. In Env-A 1212.04(a) Table 1212-1, New Hampshire is proposing to add a separate VOC emission limit for the "Top Coat, Clear or Transparent" coating of miscellaneous metal parts and products. This category was not included in EPA's Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003, September 2008). Therefore, when DES submits the adopted rule to EPA as a State Implementation Plan (SIP) revision, the submittal should include supporting documentation that demonstrates the proposed limit represents RACT for this coating operation. If you have any questions on this issue, please contact David Mackintosh of my staff at 617-918-1584. Sincerely,

Anne Arnold, Manager Air Quality Planning Unit