STATE OF NEW HAMPSHIRE 

, .,~ ATE February 24,2011 

FROM Tho nas . Burack 

Commissioner AT (OFFtcr) DES 

sUaUC'r Rulemalcing Notice 

To Office of Legislative Services 

Division of Administrative Rides 

Please accept for filing the enclosed Rulemaking Notice for the following rules: 

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

Technology (RACT) 

Questions from OLS regarding the Rulemaking Notice should be directed to Gretchen Hamel at 

271-3137. 

Questions from the public regarding the proposed rules, public hearing, or public comment period 

should be directed to Barbara I Ioffman at 271-7874 . 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau 

Barbara Hoffman, ARD Compliance & Enforcement Programs Manager 

ARD Distribution list 
Notice Number 

I . Agency Name & Address: 

RULRMAKING NOTICE 

Rule Number Env-A 1200 (currentl y Env-A 1204) 

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, I(a) & (d) 

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

Readoption w/amendment 

2. 

3. 

4. 

X 

_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, and/or work practice standards, or of obtaining a RACT order containing equivalent conditions . 

Sources 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 (CTGs) 

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, miscellaneous 

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 emission 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 

the proposed rules. 

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. 
RULEMAKING NOTICE - Page 2 

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

Rule Section(s) State Statute(s) Implemented _ 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) & §7511c 

1201 .04 - 1204.32 ; Env-A 1204.34 - RSA 125-C:6, II 

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

Env-A 1201 .03(d) ; Env-A 1204.33; RSA 125-C:4, l(a) & (n) ; 42 U.S .C. §7410, §7502(c), & §7511c 

Env-A 1221 .01 & Env-A 1221 .02 RSA 125-C:6, 11 

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 Phone #: 271-7874 

29 Hazen Drive; P.O. Box 95 Fax #: 271-1381 

Concord, NH 03302-0095 Email: Barbara .Hoffman@des.nh.gov 

The rules also can be viewed in PDF at TTY/TDD Access : Relay NH 1-

http://des .nh . ov/organization/commissioner/legal/rulemaking/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 ll, 2011 at 4:00 p.m. 

® Fax ®E-mail EjOther 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 02/23/11 : 

1 . 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 . In addition, 42 U.S .C . 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 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 rule(s): 

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

A. To State general or State special funds: 

None. 

B. To State citizens and political subdivisions : 

None. 

C. To independently owned businesses: 

None. 

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

The proposed rules do not impose any costs on any political subdivisions and so do not violate Part I, 

Article 28-a of the N.H. Constitution . 
V03 2.512011 

Notice Number 

1 . 

2011-27 

Agency Name & Address : 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. 

3. 

4. 

RSA Authority ; , 

Federal Authority : 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readopti on 

Env-A 1200 (currently Env-A 1204) 

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

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

X 

Readoption wJamendment 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, and/or work practice standards, or of obtaining a RACT order containing equivalent conditions. 

Sources 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 

art now proposed to be adopted with amendments that are intended to (1) clarify the rules by restructuring them from PARTEnv-A 1204 to Chapter Env-A 1200; and (2) incorporate 9 control technique guidelines (CTGs) 

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, miscellaneous 

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 

existing 

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; 

-' Revisiilg several of the emit;sion Iirnits to be more stringent ; and ' 

- Incorporating additional work practice standards . . 

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

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

manufacturing materials, and rimiscellaneous industrial adhesives . In addition, industrial cleaning solvent activities, which previously were unregulated under the industrial ,cleaning solvent category, will be covered by the proposed rules. ' 

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

RULEMAIi`ING NOTICE 

Rule Number 

Zhe-proposed_amendments_affect_any entity that_owns-or_oper.ates_a_s.our_ce..that_gen.er.ates~QC_emissi.on's_at levels over the threshold amount. . 
Rule Section(s State Statute(s) Implemented 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) & §7511c 

1201.04 -1204.32; Env-A 1204 .34 - RSA 125-C:6, II 

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), & §7511 c 

Env-A 1221 .01 & Env-A 1221 .02 RSA 125-C:6, II . 

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 Phone #: 271-7874 

29 Hazen Drive; P.O. Box 95 Fax #: 271-1381 . 

Concord, NH 03302-0095 Email: Barbara.Hoffman@des.nh.gov. 

The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1-

htttn ://des nh aov/orQanization/commissioner/legal/rulemakine/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 FjOther 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 02/23/11 : 

1 . Comparison of the costs of the proposed rule(s) to the existing rule(s) : 

RULEMAKING NOTICE - Page 2 

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

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. In addition, 42 U.S.C. 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 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 rule(s): 

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

A. To State general or State special funds: 

None. 

B. To State citizens and political subdivisions : 

None. 

C. To independently owned businesses : 

None. 

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

The proposed rules do not impose any costs on any political subdivisions and so do not violate Part I, 

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