EVIDENCE OF PUBLIC NOTICE 

40 CFR Part 51, Appendix V, 2.1(f) 
Public Notices Page 1 of 1 

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, will hold a public hearing on proposed amendments to the 

NH Code of Administrative Rules and the State Implementation Plan on Tuesday, July 26, 2011 . The public 

hearing will be held in Rooms 110 & ill, first floor of the offices of the Department of Environmental 

Services, 29 Hazen Drive, Concord, NH . At 10 :00 a .m. on Tuesday, July 26, 2011, the Department will 

receive testimony from the public concerning the proposed readoption with amendments of Env-A 1500: 

Transportation Conformity. Federal law (§176 of the Clean Air Act, as amended, and 40 CFR 93) require 

states to adopt rules to establish a consultative process relative to conformity determinations . Conformity 

applies to transportation plans, transportation improvement programs (TIPs), and projects funded or 

approved by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA) in 

areas that do not meet or previously have not met air quality standards for ozone, carbon monoxide, 

particulate matter, or nitrogen dioxide (known as "nonattainment areas" or "maintenance areas," 

respectively) . Env-A 1500, Conformity, implements these federal requirements in New Hampshire to comply 

with the requirements and to ensure that the purpose and intent of the state implementation plan (SIP) are 

being met. The existing rules comprise Part Env-A 1501 relative to transportation conformity and Part Env-A 

1502 relative to federal actions . The rules are scheduled to expire on October 14, 2011 unless readopted . 

The Department is proposing to readopt the rules with amendments that are intended to (1) clarify the rules 

by adding certain definitions, deleting definitions that are not needed, and revising existing provisions so 

they are more readily understandable ; (2) updating the CFR references and otherwise aligning the rules with 

current federal requirements ; (3) removing the requirement for a minimum 30-day public comment period 

for conformity determinations as this is not a federal requirement and alternative, more appropriate 

timeframes may be established through the interagency consultative process ; and (4) consolidating 

provisions and definitions that are common to both existing parts into new Part Env-A 1501 and Part Env-A 

1502, such that transportation conformity will be in Part Env-A 1503 and federal actions will be in Part Env-A 

1504. 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 Friday, August 5, 2011 . 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 

KarIa .McManus@des .nh.gov. Copies of all documentation pertaining to rulemakings for all air rules are 

available for inspection at the offices of the Air Resources Division at the address stated above . The 

proposed rule is also posted at http ;//des .nh. oq v/organization/commissioner/legal/rulemaking/index .htm. 

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 : June 21, 2011 

Appeared in : The Union Leader on Friday, 06/24/2011 

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