### 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 fromthe public regarding the proposed rules, public hearing, or public comment period should be directed to Barbara IIoffman 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 listNotice 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, NH03302-0095 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 C ontrol 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 formozone; 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 interimrules, 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 newstandard 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 fromthe 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 VOCemissions 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) Im plemented _ Federal Statute(s) Im p lemented 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 Readoption 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 formozone; reducing VOCs thus will, in turn, reduce ozone formation. The existing rules, Env-A 1204, are intended to control the emission of VOCs fromcertain 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.coatingand 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 interimrules, 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 1204to 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 newstandard 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 50tons of VOCs per year to actual emissions of,3 tons ofVOCs 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 offlat 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_anyentitythat_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) Im plemented Federal Statute(s) Im plemented 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, ifpracticable 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.