NEVI( HAMPSHIRE 

RULEMAKING REGISTER 

OFFICE OF LEGISLATIVE' SERVICES 

ROOM 218, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301-8312 ' . 

Yet . (603) 271-3880 TDD Access: -

Fax (603) 271-7871 , Website : www.gencourt .state.nh.us/rules/index.html , Relay NH 1-800-735-2964 . 

.VOLTJME XXXI, Number 9, March 4, 2011 

TABLE OF CONTENTS ' 

1 . . OFFICE OF LEGISLATIVE SERVICES ~ ' . T age No. ' 

a. List of Notices of Proposed Rules NN 2011-25 through NN 2011-27 . -ib. Notices of Proposed Rules 

2. COMMITTEE (JY,CAR) 

CONTINUED MEETING: Friday,.March 4, 2011 9:00 a.m. 

Rooms 305/307, Legislative Office Building 

REGULAR MEETING: Friday, March 18, 2011 9:00 a.m. 

' . . ' . Rooms 305/307, Legislative Office Building 

CORRECTION 

The Table of Contents cover page of the printed Rulemaking Register on February 25, 2011. incorrectly 

'cited the. notice number of the' following Proposed Interim Rule as INT 2011-24: . , 

INT Notice Number Rule Number . Aaeney anal Short Title~of Rule - 

2011-4 Puc 1~00 & 200 . Public Utilities Commission 

. . .'(various sections) Organizational Rules and Rules of Practice 

-And Procedure . 

The notice on page 5 of the Rulemaking Register on February 25, 2011 and the cover page of the 

. 

online 

Re i~ ster havethe correct notice number of INT 2011-4 . : . . . 
NEW HAMPSHIRE RULEMAKING REGISTER March 4, 2011 Page 5 

Notice Number 

1 . 

. .2011-27 

Agency Name & Address : 

P.O. Box 95 

Concord, NH 03302-0095 

29 Hazen Drive 

Department of Environmental Services 

Rule Number 

2. 

3. 

4. 

RSA Authority : , 

Federal Authority : 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Eny-A 1200 (currently Env-A 1204) 

RSA 125-C:4, I(a) & (d) 

42 U.S .C. 7410, 7502(c), & 7511 c 

X 

Readoption w/amendment 

_X 

X 

5. Short Title : Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT) 

6. (a) Summary of what the rule says and the effect of the rule on those regulated : 

Volatile organic compounds (VOCs) can interact with nitrogen oxides (NOx) to form ozone; reducing VOCs 

thus will, in turn, reduce ozone-formation . The existing rules, Env-A 1204, 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, techniques, and/or work practice standards, or of obtaining a RACT order containing equivalent conditions. 

subject to the rules include coating and printing operations, industrial cleaning solvent operations, 

fiberglass boat materials manufacturing operations, and- miscellaneous industrial adhesive operations. ' 

All but two sections of the prior regular rules were extended by the adoption of interim rules, which are due to 

expire on June 29, 2011 . (Env-A 1204.43 and Env-A 1204.44 were adopted effective 2-26-05.) All of the rules 

are now proposed to be adopted with amendments that are intended to (1) clarify 'the rules by restructuring them 

from PART Env-A 1204 to Chapter Env-A 1200; and (2) incorporate 9 control technique guidelines (CT(3s) 

issued by the United States Environmental Protection Agency (EPA) in 2006-2008, which include paper, fabric, 

film, and foil substrates, coatings, metal furniture coating, miscellaneous metal parts and products coating, 

miscellaneous plastic parts and products coating, flat wood paneling coatings, retrogravure and flexographic 

printing, offset lithographic and letterpress printing, fiberglass boat manufacturing materials, iniscellaneous 

industrial adhesives, and industrial cleaning solvents. . 

Changes to existing requirements for the existing categories of paper-fabric-film-foil substrates coating, metal 

furniture coating, miscellaneous metal parts and products coating, miscellaneous plastic parts and products 

coating, and offset lithographic and letterpress printing, which are needed to reflect the federal CTGs include : . 

- Adopting a new standard for flexible package printing, which will become a new subcategory in the existing 

rotogravure and flexographic printing category; 

-' Changing the applicability threshold for these categories from the potential to emit 10 to 50 tons of VOCs per 

year to actual emissions of 3 tons of VOCs per year before controls; . 

- Revising several of the emission limits to be more stringent; and ' . 

- Incorporating additional work practice standards . 

Requirements being added to the rules to reflect the federal CTGs include enussion limits, control technology 

standards, and work practice standards for the new categories of flat wood paneling, fiberglass boat _ 

manufacturing materials, and miscellaneous industrial adhesives . In addition, industrial cleaning solvent 

activities, which previously were unregulated under the industrial cleaning solvent category, will be covered by 

me proposea ruies. . 

6. (b)~~ Brief description of the groups affected: 

The proposed amendments affect any entity that owns. or operates a source that generates VOC emissions at 

levels over the threshold amount. : 
NEW HAMPSHIRE RULEMAKING REGISTER March 4, 2011 Page 6 

NN 2011-27 Continued ' 

6.(c) Specific section(s) of state statute or federal statute or regulafion which the rule is intended to implement: 

Rule Section s) State Statute(s) Im lemented Federal Statute (s ) Implemented 

Env-A 1201 .01 -1201 .03(c); Env-A RSA 125-C:4, I(a) 42 U.S .C. §7410,7502(c) & §751 lc 

1201 .04 -1204.32; Env-A 1204.34 - RSA 125-06, 11 . . ' , 

1220; Env-A 1221 .03 , Env-A 1222 

Env-A 1201.03(d)", Env-A 1204.33; RSA 125~C:4, I(a)'& (n) ; 42 U.S.C. §7410, §7502(c), & §751 lc 

Env-A 1221.01 & Env-A 1221 .02 RSA 125-C:6, Il 

7. Contact person for copies and questions including requests to accommodate persons with disabilities : . 

. Name: Barbara Hoffman Title: ARD Compliance & Enforcement Programs Mgr 

Address : Dept. of Environmental Services 

29 Hazen Drive; P.O. Box 95 

Concord, NH 03302-0095 

Phone #: 271-7874 ' 

Pax #: 271-1381 

Email: Barbara .HoffmanQdes.nh.gov 

The rules also can be viewed in PDF at TTYJTDD Access : Relay NH 1-

htt .rir~ des n(},gavlorgg,nizadnnlrommissionerlleeal/rulemakina/index htm 800-735-2964 or dial 711 (in NH) 

8 . Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified: Monday, April 11, 2011 at 4:00 p.m. 

® Fax - ®E-mail . . []Other format (specify) : 

9. Public hearing scheduled for : 

Date and Time: Friday, April 1, 2011, at 10:00 a.m. . 

Place: . Rooms 111, 112,113, DES Offices, 29 Hazen Drive; Concord, NH 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS #11 :025, dated 02/23111 : 

i . 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. 

2. Cite the.Federal mandate. Identify the impact on state funds: 

42 U.S.C. 7410 requires the submission of an 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 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 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. !n addition, 42 U.S.C. 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 possible to estimate the portion attributable to the proposed rules and might be Impacted, if 

the rules were not adopted. -There Is no impact on state funds. '. 

3. Cost and benefits-of the proposed rufe(s): 

There are no additional costs or benefits attributable to the proposed rules. 

A. To Siate ger---' 

None. . . 

B. To State citizens and political subdivisions: 

None. . ' 

C. *To independently owned businesses : 

None. 

11. Statement Relative to Part 1, Article 28-a of the N.H. Constitution : 

The proposed-rules do not impose any costs on any political subdivisions and so do not violatePartI, 

Article -28-a of the N.H. Constitution. '