# EVIDENCE OF PUBLIC NOTICE 40CFRPart51,AppendixV, 2.1(f)

## PublicNotices Page 1 of 1

STATE OF NEW

HAMPSHIRE DEPARTMENTOF ENVIRONMENTA STATE OF NEWHAMPSHIRE 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 ofAdministrative 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 NewHampshire 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 CFRreferences and otherwise aligning the ruleswith current federal requirements; (3) removing the requirement for a minimum30-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 newPart Env-A 1501 and Part Env-A 1502, such that transportation conformitywill 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 UnionLeaderon Friday, 06/24/2011 Back

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