The State ofNew Hampshire 

### DEPARTMENT OF ENVIRONMENTAL SERVICES Thomas S
. Burack, Commissioner

November 17,2015 David Conroy, Chief, Air Programs Branch U.S. Environmental Protection Agency, Region 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912 

### Re: Revision to New Hampshire State Implementation Plan to Meet the Requirements of the Clean Air Act, Section 110(a)(2)(D)(i) Dear Mr. Conroy: The New Hampshire Department ofEnvironmental Services (NHDES) requests approval of this State Implementation Plan (SIP) prepared in accordance with CAA Section 11 O(a)(2), the general SIP submittal requirements of40 CFR Part 51 Appendix V, and guidance provided by United States Environmental Protection Agency (EPA). This' amendment addresses CAA Section 110(a)(2)(D) relative to interstate transport, contributing to nonattainment or interfering with the maintenance ofa NAAQS in another state, which was not included as part ofNHDES' Infrastructure SIPs for the 2008 Ozone NAAQS and the 2010 Nitrogen Dioxide NAAQS that were submitted November 20 12 and January 2013, respectively. Both were conditionally approved by the USEPA on July 17, 2015 [80 FR 42446] , 

### with the aforementioned section given a finding of "no submittal." The section addressing interstate pollution abatement (110(a)(2)(D)(ii)) was conditionally approved [80 FR 57722) contin gent NHDES submitting to EPA by September 26, 2016 specified revisions to NNSR and PSD regulations to address

**t~e** following provisions ofthe federal Non

-attainment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD) program regulations. This submission meets the completeness criteria ofAppendix V to 40 CFR 51 Section 2.1 by including: • Enclosure A: Revision to New Hampshire State Implementation Plan to Meet the Requirements ofthe Clean Air Act, Section 110(a)(2)(D)(i) • Enclosure B: New Hampshire Statut e Title X, Chapter 125-C :4 that provides authority for Air Pollution Control • Enclosure C: Public Participation Documentation

- Notice of Public Hearing and Comment Pe riod Certification ofPublic Hearing

- Hearing report and responses to all comments received. As the Governor's designee, my signature on this letter is evidence that the State ofNew Hampshire 

### has adopted this Certification ofAdequacy and revision to the State Implementation Plan (SIP). The only state requirement for SIP submittals is that at least 30 days before the date of any

DES Web Site : www.des.nh.aov P.O
. Box 9S, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Teleph one : (603) 271-3 503 Fax : (603) 271-2867 TOO Acces s : Rela y NH 1-800-735

-2964Revision to NH State Implementation Plan, Nowm /?er 17
. 20/5 

### public hearing related to 

### SIP revisions, public notice shall be 

### published in a newspaper ofgeneral daily statewide circulation. Page 2



### If

### you have any questions regarding this submittal, please contact Felice Janelle at (603) 271- 

### 4848. Sincerely,



# ~I<!Jd- Craig Wright 

### Director, Air Resources Division
Enclosures cc; Anne Arnold, USEPA, Region 1Enclosure B 

# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTION CONTROL Section 125-C:4 125

-C:4 Rulemaking Authority; Subpoena Power.- 

### I. The commissioner shall adopt rules under RSA 541-A, relative to:

(a) The prevention, control, abatement, and limitation ofair pollution, including, but not limited to, open 

### air source pollution, mobile source pollution, and stationary source pollution. (b} Primary and secondary ambient air quality standards. (c) Procedures to meet air pollution emergencie s, as authorized by RSA 125-C:9

. (d) The establishment and operation ofa statewide permit system, 

### as authorized by RSA 125-C :6, 

### XIV, RSA 125-C:ll, 

### I and RSA 125-C:11, 1-a. (e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements ofRSA 125-C:ll, as authorized by RSA 125-C:11, 

### II. (f) The exemption ofcertain devices and non-Title V sources from the permit requirements ofRSA 125-C: 11, 

### I and the conformance ofexempted devices to established standards, as authorized by RSA 125-C: 11, 

### I. (g) The forms and information required on applications for temporary and permanent permits required under RSA 125

-C:Il, 

### as authorized by RSA 125-C:12, 

### I. (h) Notification ofand public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C: 12, 

### II. (i) Fees for permit application and review, as authorized by RSA 125-C: 12, IV-d. 

### G) Procedures for permit application review, 

### as authorized by RSA 125-C:ll, 

### IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125- C:6,XI. (I) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:l5, 

### I. (m) Procedures for granting variances, as authorized by RSA 125-C: 16. (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16

-c. (o) Applicability thresholds for emissions ofparticulate matter, mercury, and dioxin as provided in RSA 125-C: 10-b, VII(f). (p) The duration oftime during which no additional best available control technology detennination is required as provided in RSA 125-C: 1 0-b, IV and VI. (q) Procedures for establishing standards for and certification ofany material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-C:IO-b. (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a.1-a. In adopting rules under paragraph I, the department may incorpor ate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment. 1-b. 

### In adopting rules under subparagraph l(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules ofthe Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2, V-c. II. The commissioner is authorized to issue subpoenas requiring the attendance ofsuch witnesses and the production ofsuch evidence and to administer such oaths and to take such testimony as he may deem necessary. Source. 1979,359:2. 1986,202:8. 1996,228:19, 104; 278:2, 3.2001,293:5.2003, 137:3.2004, 175:2. 2005, 173:3. 2008, 113:3

. 2010, 183:6, eff. June 21, 2010

.

### Enclosure A

Revision to the 

# New Hampshire State Implementation Plan R-ARD
- 15-3



# Amendment to New Hampshire 2008 Ozone 8-hour and 2010 Nitrogen Dioxide 1-hour NAAQS Infrastructure SIPs to Address the Good Neighbor Requirements of Clean Air Act Section 110(a)(2)(0)(i)(I)

November 10, 2015

Pr e

pared by Air Resources Division New Hampshire Department ofEn vironmenta l Services 29 Hazen Drive Concord, NH 03302-0095 (603) 271-3503 www.des.nh.gov

Thom as Burack , Commissioner Clar k Freise, Assistant Commissioner C

raig Wrigh t, Dir ector, Air Resources Division2008 OZONE NAAQS INFRASTRUCTURE SIP INTRODUCTION Sections llO(a)(l) and (2) ofthe Clean Air Act (CAA) require states to submit a State Implementation Plan (SIP) amendment that addresses the procedural, timing and infrastructure elements identified in those sections within three years ofpromulgation ofa new National Ambient Air Quality Standard (NAAQS). On March 12, 2008, the United States Environmental Protection Agency (EPA) promulgated a new NAAQS for ozone, 75 parts per billion (ppb) as an 8-hour average. Implementat ion ofthat NAAQS was suspended by the EPA on January 6, 2010 pending further review and was reinitiated on September 2, 2011. BACKGROUND Following EPA designation in July 2012, the New Hampshir e Department ofEnvironmental Services (NHDES) submitted its "Certification ofState Implementation Plan Adequacy Regarding Clean Air Act Section llO(a)(l) and (2) for the 2008 8-Hour Ozone Standard" (also referred to as an infrastructure SIP) 

### to the EPA as a SIP amendment in November 2012. NHDES' 2008 ozone infrastructure SIP did not include section 110(a)(2)(D)(i)(l) Good Neighbor requirements to address interstate transport. 

### In responding to the submission, EPA indicated that, based on the D.C. Circuit Court's opinion 

### in 

### EME Homer City v. EPA, 696 F.3d 7, 31 (D.C. Cir. 20 12), they were "
... neither finding that New Hampshire submitted a complete SIP with respect to 110(a)(2)(D)(i)(I), nor finding that New Hampshire failed to submit a complete SIP to comply with tha t section." Subsequent reversal ofthe D.C. Circuit Court's 

### EME Homer City v. EPA decision by the Supreme Court resulted in a July 13,2015 1 finding offailure to submit a section 110 SIP for interstate transport against 24 states, including New Hampshire. On July 17, 2015 2
, EPA proposed 

### to approve elements ofNHDES' 2008 8-hr ozone infrastructure SIP with the exception ofsection (D)(i)(I) which EPA described as "No Submittal" and proposed conditional approval ofcertain elements related to prevention of significant deterioration requirements. This submission addresses the "No Submittal" finding. EPA issued a memo3 and preliminary air quality modeling data 4 to assist states in developing SIPs to fulfill the interstate transport requirements for the 2008 ozone NAAQS. In that memo , the EPA identified a methodology, similar to that used 

### in the development ofthe Cross State 

### Air Pollution Rule (CSAPR) rule, to identify states that may significantly impact downwind nonattainment or maintenance areas. Specifically, the memo states:

1 Federal Register Vol. 80 No. 133, July 13, 2015, 39961-39966. 2 Federal Register Vol. 80 No. 137, July 17,2015,42446-42459. 3 Memo from Stephen D. Page, Director, EPA Office ofAir Quality ofPlanning and Standards (AQPS), to Regional A ir Division Directors, " lnfonnat ion on the Interstate Transport 'Good Neighbor' Provision for the 2008 Ozone National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA), January 22, 2015, http:/Jwww cw.gov/ainransoortf GoodNe ighborProvision2008 NAAOS.pd f

**~** EPA OAQPS, "Air Qua lity Mode ling Technical S upport Document for the 2008 Ozone NAAQS Transport Assessment," January 2015. http://www .epa.gov/airtransport/03TransportAOModelingTSD.pdf 1CSAPR used a screening threshold (1 per cent ofthe NAAQS) to identify contributing upwind states warranting further review and analy sis. States whose air quality impacts at least one downwind problem recep tor with contributions greater th an or equal to the threshold were identified as needing further evaluation for actions to address transport. States whose air quality impacts to all downwind problem receptors were below this threshold were ident ified as states not requiring further evaluation for actions to address transport

- that is, those sta tes had no emissions reduction obligation imder th e "Good Neighbor" Provision. EPA air quality data was updated and made available August 4, 2015. 5 

### METHODOLOGY EPA's modeling used the CSAPR modeling approach to assess the effects ofinterstate transport on attainment and maintenance ofthe 2008 ozone NAAQS. 

### Inthat analysis, 2011 base year and 2017 projected emissions were modeled with the Comprehensive Air Quality Model with Extensions (CAMx) version 6.11, and a relative response factor (RRF), the fractional change in the modeled 8-hour daily maximum ozone levels betw een 2011 and 2017, was calculated for each ozone monitoring site from the results. EPA then used a methodology described in its draft guidance for attainment demonstration modeling6 to identify ozone monitoring sit es that 

### it pro jected would be in nona ttainrnent or would have maintenance issues with the 2008 ozone NAAQS in 2017. That approach entails calculating the maximum and average ofthe monitored ozone design values for the five years centered on the 2011 base year (2009- 2013) for each ozone monitor. Those values were multiplied by the corresponding RRFs to project average and m aximum 2017 ozone design values. Sites with average pro jected 2018 design value that exceeded 75 ppb 7 were identified as projected 2017 nonattainrnent monitors . Monitoring sites with 20 17 average projected design values below the NAAQS but with 2017 maximum pro jected design values that exceed the NAAQS were identified as projected 2017 maintenance areas. Using that analysis , the EPA projected that a total of26 monitors in the eastern halfofthe United States would be in nonattainment ofthe 2008 ozone NAAQS in 2017, defined as having a projected average design value above 75 ppb. Twelve ofthose areas are in Texas, four in Connecticut, three in New York, two in Pennsylvania, and one each in in Maryland, Michigan, Kentucky, New Jer sey, Ohio and Wisconsin . Twenty-six eastern monit ors were iden tified as projected 2017 maintenance areas: twelve in Texas, four in New Jersey, three in Ohio, two ea ch in Maryland and Michigan, and on e each 

### in Kentucky and New York. Ma intenance areas were

s EPA, Updated Ozone Transport Modeling Data for t he 2008 Ozon e Nation al Am bient Ai r Quality Standard, 2017 Ozone Contributions, EPA-HQ-QAR-2015-0500-Q007, Posted 08/04/2015 6 EPA, N Modeling Gu i dance for Demon stratin g A ttai nm ent of Air Qual i ty Goa l s for Ozone,

**PM 2~.**  and Regional Haze", December 2014 DRAFT

. http:l/www.epa.gov/ttn/scram/guidance/gu i de/Draft 03-PM
RH Modeling Gu i dan ce-2014

. pdf 7 1

n determining comp l iance with the NAAQS, EPA truncated to integer values

. For exampl e , a design value of 75.9 ppb is truncated to 75 ppb whi ch is attai nment

. In th i s manner, a verage design va l ues at or above 76

.0 ppb are considered nonattainment. 

### 2

### those having a projected maximum design value above the 2017 NAAQS and a projected average design value below the 2017 NAAQS. The EPA then performed nationwide state-level ozone source apportionment modeling using CAMx with the Anthropogenic Precursor Culpability Analysis (APCA) version ofthe Ozone Source Apportionment Technology (OSAT) apportioning schemes to quantify the contribution of 2018 emissions ofoxides ofnitrogen (NOx) 

### and volatile organic compounds (VOC) from all sources in 

### each state to projected 2018 ozone concentrations at the identified nonattainment and maintenance monitoring sites. A state's interstate transport impact was classified as significant if the emissions from that state were associated with ozone levels ofat least 1% ofthe NAAQS (0.75 ppb) at a nonattainment or maintenance site in another state. Table 1 summarizes EPA's 2017 modeling results, showing New Hampshire's impacts at projected out-of-state nonattainment and maintenance areas 8• 

### Emissions from New Hampshire are projected to have a minimal impact at nonattainrnent areas in Connecticut and maintenance areas in Connecticut, New Jersey, and New York. These impacts are well below the 1% threshold of0.75 ppb for the 2008 NAAQS indicating that New Hampshire complies with section 110(a)(2)(D)(i)(I) good neighbor provisions as defined by EPA. Table 1. 

### New Hampshire Contributions to Monitors Projected by 

### EPA Modeling to Have 2017 Nonattainment or Maintenance Areas9• 10 2017 2017 NH NH Projected Projected Maintenance Nonattainment Contribution as Averag
. e Maximum Area Area a Percent of Design Design Contribution Contribution Average Daily State Monitor ID Value Value (ppb) (ppb) Value Connecticut 90010017 75
.8 78.4 0.01 0.01% Connecticut 90013007 77.1 81.4 0.01 0.01% Connecticut 90019003 78: .0 81.1 

## - 

## . Connecticut 90099002 77.2 80.2 0.02 0.03% New Jersey 340071001 74.2 78.1 0.04 0.05% New Jersey 340150002 75.1 77.5 0.01 0.01% New Jersey 340230011 73.0 76.3 0.07 0
.09% New Jersey 340290006 73 .9 76.6 0.07 0.09% New York 360810124 75.7 77.6 0.01 0.01% New York 360850067 76.3 77
. 8 

### . . New York 361030002 79
.2 80.8 

## . -**~** In its original analysis, EPA included the 37 states and the Dis trict of Colu mbia in the region from Texas northward to North Dakota and eastward to the East Coast as comprising the Eastern U.S

. Only East Coast receptors are shown. 9 Nonattainment receptors have a 2017 average design value of 2: 76.0 ppb

. Mainten ance receptors have a 2017 average design values< 76.0 ppb, but 2018 maximum design value of2: 76.0 ppb

. 10 EPA, Updated Ozone Transport Modeling Data for th e 2008 Ozone Nationa l Ambient Air Quality Standard, 2017 Ozone Contributions, EPA-HQ-OAR-2015-0500-0007, Posted 08/04/2015 

### 3

### 2010 NITROGEN DIOXIDE (NOz) NAAQS INFRASTRUCTURE SIP On January 22, 2010, EP A strengthened the health

-based NAAQS for nitrogen dioxide (N02 ) by setting a new 1-hour N02 standard at the level of 100 parts per billion (ppb). The EPA also changed the form used to determine ifan area meets the standard, to the 3-year average ofthe 98th percentile ofthe annual distribution ofdaily maximum 1 -hour average concentrations. The existing annual average N02 standard of0.5 parts per million (53 ppb) was retained. This document addresses the 1-hour standard. In January 2013, NHDES submitted to the EPA a "Certification of State Implementation Plan Adequacy Regarding Clean Air Act Section llO(a)(l) 

### and (2) for the 2010 1-Hour Nitroge n Dioxide NAAQS" (also referred to as an infrastructure SIP). Similar to NHDES' 2008 ozone NAAQS infrastructure SIP, EPA on July 17, 2015 proposed to approve NHDES ' 2010 1-hour N02 infrastructure SIP with the exception of section (D)(i)(I) which EPA described as "No Submittal" and proposed conditional approval ofcertain elements related to prevention of significant deterioration requirements. This section addresses the "No Submittal" designation

. Thefollowing information can be found on the EPA website 11 : 

### On January 20,2012 EPA designated all areas ofthe country as 'unclassifiable/attairunent' for the 2010 N02 NAAQS. The available air quality data show that all monitored areas in the country meet the 2010 N02 NAAQS for 2008-2010. No state or tribe recommended an area be designated "nonattainment." New Hampshire has no valid, complete design values for the most recent period 2012-14. For reference, the 2012-2014 design value for the Nashua monitoring site (33-011-1011) is 9 ppb, noting that this value is incomplete due to low data capture in 2013. The monitoring station located in Londonderry (33-0 15

-00 18) has only one year ofdata, so calculation of a design value is not possible. The daily maximum at this station in 2014 was 25 ppb. Historical data indicates that the average annual N02concentration has been well below the annual average NAAQS of53 ppb (Figure 1). In addition, overall emissions ofNOx have decreased in New Hampshire by 47% since 2002
.

. Table 2. New Hampshire National Emissions Inventory for NOx (tons) 12 

### 2002 

### 2005 2008 2011 69,836 62,323 50,735 37, 292 States contiguous to New Hampshire have recent design values well below the 2010 annual N02 NAAQS as shown on Figure 2
. Neighboring state Massachusetts has several N02 monitors. The

11 State Designations- Recommendati ons 1Area Designations for 2010 Nitrogen Dioxi de Standards I 

### us EPA, h tt p ://www

. epa.gov /airgualit y/ ni t rogen oxid es/d es i goatio n s / s

t a t e . html, retrieved on July 22, 20 1 5. 12 Emission Inventories 

### I Clea r i n ghouse fo r Emission Inventories and Emissions Factors 

### I T echno l ogy Transfer Network 

### I US EPA, http://www3.epa.gov/ttn/chi ef/eiinformation.html, retrieved Nov. 11, 2015 

### 4maximum design value among these monitoring sites is 17 ppb. Design for the annual nitrogen NAAQS for neighboring states Maine and Vermont are 2 ppb and 7 ppb, respectively. 13 Figure 1. NH 2006-2010 Site Level Annual Design Value History for N02 14•1 5

12 10

8
.c**~** Q. 6 4 2 0 2005 2006 2007 2008 2009

..,._ Hillsborough County (Site I D 330110020) Rockingham County (Site I D 330150014)



### NEW HAMPSHIRE NOx CONTROL PROGRAMS 2010

The following New Hampshire Certified Administrative Rules (CAR) es tablished by NHDES have high relevance to but are not inclusive of all regulations for the control ofN0 2 and NOx: • Env-A 300: Ambient Air Quality Standards, approved into the SIP at [79 FR 35695]

- Env-A 306.01: Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide Env

-A 306.02: Determination ofAttainment ofN02 Standard

- Env-A 306.03: Measurement for N02 Attainment Determination • Env-A 500: Standards Applicable to Certain New or Modified Facilit ies and Sources of Hazardous Air Pollutants • Env

-A 600: Statewide Permit Syst em [77 FR 5700]

- Env

-A 618: Nonattainment New Source Review

- Env-A 619: Prevention ofSignificant Deterioration • Env-A 700: Permit Fee System [57 FR 36603] • Env-A 1300: Nitrogen Oxides (NOx) Reasonably Available C ontrol Technology (R.t\CT) 

## ill FR49458]

1 3 

### us EPA Design Values, www . epa.gov/alrtrends/values

. html , retrieved on August 26, 2015
. 14 The level of the annual NAAQS f or ni t r ogen dioxide is 53 p arts per billion (ppb)

. Th e design value is the annu al average of the hourly conc;entration values. Only val i d des ign values are shown. 15 The design values are co mputed us i ng Fed eral R eference M et hod or equivalent data report ed by S tate , Tribal , and local monitoring agencies to EPA's Air Quality System (AQS) as of July 6, 2015. 

### 5

### Figure 2. 2014 Design Values for the Annual N02 NAAQS for States Contiguous to NHI6,17
. 60 

### so 

## I _---------**~Q!1!!8l!i0_2 1'J** **~1Q.S_------------** 40 

## i. 30 A. 20 10

0 

### 7 

# • 2 

# - 13 

# I 3 

# - s 

# • . 17 

# I

• Env-A 2300: Mitigation ofRegional Haze [77 FR 506021 • Env-A 3200: NOx Budget Trading Program [65 FR 68078] 13 

# I 7 

# •

• Saf-C 3200 : Official Motor Vehicle Inspection Requirements [78 FR 52921 

### 7 

# •

Considering this information, New Hampshire certifies that it does not contribute to nonattainment, nor interfere with maintenance ofthe 1-hr N0 2 NAAQS in neighboring states and therefor meets the "Good Neighbor" provision ofsection (D)(i)(l). 

### CONCLUSION New Hampshire's highest ozone contribution to a nonattainment site was 0.07 ppb (0.09% ofthe NAAQS) and 0
.02 ppb (0.03% ofthe NAAQS) to a ma intenance site

. These values are substantially below the 1% significance levels established by the EPA and, therefore, according to the January EPA guidance memo discussed above, no further evaluation or emission reductions are required for New Hampshire to satisfy its interstate transport obligations under the «Good Neighbor" Provision fo r the 2008 ozone NAAQS. Regarding linkages to upwind states contributing at or above the 1 percent threshold to 2018 nonattairunent or maintenance receptors, New Hampshire is not identified

.

16 The l evel of the annual NAAQS for nitrogen dioxi de is 53 parts per billion (ppb). The des i gn value is the annual average of the hourly concentration val r ues. The design value listed for each county is the h ighest among monitors with valid design values. 17 The design values shown here are computed using Federal Reference Method or equivalent data reported by State, Tribal, and Local monitoring agencies to EPA 's Air Quality System (AQS) as of July 6, 2015

. 

### 6SUMMARY Based on the methodology specified 

### in EPA's January 2015 memorandum and the results ofthe updated modeling that was posted in August 2015, NHDES certifies that air emissions from sources in New Hampshire do not contribute significantly to nonattainment or maintenance of the 2008 ozone NAAQS in other states. 

### In addition, the absence ofN02 nonattainment or maintenance areas in contiguous states and the relatively low design values in New Hampshire and neighboring states when compared with the standard, NHDES certifies that air emissions from sources in New Hampshire do not contribute significantly to nonattainment or maintenance ofthe 2010 1-hr N02 NAAQS in other states. The submittal ofthis document to the EPA as an amendment to the New Hampshire SIP fulfills the "Good Neighbor" Provision requirements in Section 110(a)(2)(D)(i)(l) ofthe CAA and completes New Hampshire's fulfillment ofthe elements specified in Sections 110(a) (1) and (2) ofthe CAA for the 2008 8-hr ozone NAAQS and the 2010 1-hr N02 NAAQS. In accordance with New Hampshire CAR Env-A 204.01(b) and Title 40 ofthe Code ofFederal Regulations (CFR) Section 51.102, public notice was given that NHDES prepared and intended to submit to the EPA a revision to the state's SIP to meet the requirements ofCAA section 110(a)(2)(D)(i)(l). The notice solicited comments and offered the public the opportunity to participate in a public hearing on the SIP revision. The public hearing was held on November 9, 2015 and written comments were accepted until4 PM on the same day. No public comments, written or verbal, were received. The EPA offered comments to a draft submittal in a letter dated August 27, 2015 and to a proposed submittal in a letter dated October 29, 2015. NHDES has addressed all ofthe EPA recommendations in this submittal.



### 7

### Enclosure B 

# TITLE X PUBLIC HEALTH CHAPTER 125-C 

# AIR POLLUTION CONTROL Section 125-C:4 125

-C:4 Rulemaking Authority; Subpoena Power.

- I. 

### The commissioner shall adopt rules under RSA 541-A, relative to:

(a) The prevention, control, abatement , and limitation ofair pollution, including, but not limited to, open air soW'Ce pollution, mobile source pollution, and stationary source pollution. (b) 

### Primary and secondary ambient air quality standards. (c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. (d) The establishment and operation ofa statewide permit system, as authorized by RSA 125

-C:6, XlV, RSA 125-C:11, I 

### and RSA 125

-C:ll, 1-a. (e) Devices, in addition to those devices defined under RSA 125

-C:2, subject to the permit requirements of RSA 125-C: 11, as authorized by RSA 125-C: 11, II. (f) 

### The exemption ofcertain devices and non-Title V sources from the permit requirements ofRSA 125-C: 11, I 

### and the conformance ofexempted devices to established standards, as authorized by RSA 125-C:ll , I. (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:ll , as authorized by RSA 125-C:12, 

### I. (h) 

### Notification ofand public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II. (i) 

### Fees for permit application and review, as authorized by RSA 125-C:12, IV

-d. G) 

### Procedur es for permit application review, as authorized by RSA 125-C:ll, 

### IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. (k) 

### Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125- C:6, XI. (l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15 , l. (m) Procedures for granting variances, as authorized by RSA 125

- C: 16. (n) The manufacture, use, or sale of consumer products for purposes ofimplementing RSA 485:16-c. (o) Applicability thresholds for emissions ofparticulate matter, mercury, and dioxin as provided in RSA 125-C:lO

-b, VII(f). (p) 

### The duration oftime during which no additional best available control technology determination is required as provided in RSA 125-C:lO-b, IV and VI. (q) 

### Procedures for establishing standards for and certification ofany material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA

**125~C:IO-b.** 

### (r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a.

### Enclosure C

- Public Participation Documentation Attachinent 1 -Notice ofPublic Hearing and Comment Period Attachment 2 - Hearing Certification Attachment 3 -Hearing Report and Response to Comments Attaclunent 4

- Hearing Memo to File

### STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION CONCORD, NEW HAMPSHIRE 

### NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING In 

### accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Title 40 ofthe Code of Federal Regulations (CFR) Section 51.102, notice is hereby given that the New Hampshire Department of Envirorunental Services, Air Resources Division (the Department) 

### has prepared, and intends to submit to the U.S. Environmental Protection Agency, amendments to New Hampshire's State Implementation Plan (SIP) to meet the requirements ofthe federal Clean Air Act, section 110 (a) (1) and (2), pertaining to infrastructure elements for implementation ofthe federal air quality standards for ozone. These standards that New Hampshire and other states must meet are contained in Title 40: Protection ofEnvironment, section 50.15, National Primary Air Quality Standards for Ozone and Nitrogen Dioxide. 

### This submission amends two N ew Hampshire Clean Air Act Section llO(a)(I) and (2) filings: one for the 2008 8-Hour Ozone Standard submitted in December2012 (delayed due to EP A's reconsideration ofthe standard) and one for the 2010 1-Hour Nitrogen Dioxide Standard submitted January 2013. Both were filed within the requisite three years but neither included provisions for element 11 O(a)(2)(D)(i)(l) relating to interstate transport, because the EPA did not intend to make findings with respect to this provision while awaiting resolution of legal matters related to the Cross-State Air Pollution Rule (CSPAR)

. In response to the United States D istr ict Court (Northern District of California) decisio n issued on May 7, 2015, EPA on July 13,2015 issued Findings of Failure to Submit a Section 110 State Implementation Plan for Interstate Transport for the 2008 National AmbientAir Quality Standards for 

### Ozone (80 FR 39961). New Hampshire was one of24 states named in the finding. This filing addresses both the ozone finding offailure and completes the nitrogen dioxide submission. The Department hereby solicits comments and has scheduled a public hearing on this SIP certification. Comments must be submitted in 

### writing 

### or 

### by email or fax 

### to Felice Janelle, Air Resources Division, NH Department ofEnvironmental Services, P.O. Box 95, Concord , NH 03302-0095; email F

**elice.Janelle**

**@d ~.nh.** 

### gov; fax (603)271-13 81
. A public hearing at the Department offices has been scheduled for 11:00 a.m., Monday, November 9, 2015 , in Room 114 at 29 Hazen Drive, Concord, NH 03301. All comments on the proposed SIP submission must be received by 4 : 00p

.m. on Monday, November 9, 2015, to be 

### entered into the record. A copy ofthe SIP submission is available for public inspection at the Department's'offices at 29 Hazen Drive, Concord, NH, during regular working hours from 8:00a.m. to 4 :00p.m., Monday through Friday. The main text ofthe SIP submission may be 

### downloaded at http :/ /des. nh.gov /organintion /di visionsl nir /do /sip /index.htm under "Ozone." For more information or to make arrangements for anyone wishing to attend the hearing wpo may need special assistance, please call Felice Janelle (603)271-4848. Craig A. 

### Wright Director, Air Resources Division NH Department ofEnvironmental Services Dated: October 5 , 2015

### The State of

### New Hampshire 

## Department ofEnvironmental Services Thomas S
. Burack , C ommissioner

CERTIFICATION OF PUBLIC PROCESS: Amendment to New Hampshire 2008 Ozone and 2010 Nitrogen Dioxide NAAQS to Address the Good Neighbor Requirements ofClean Air Act Section llO(a) 

### (2)(D)(i)(I) I hereby certify that: In accordance with New Hampshire Administrative Rule Env-A 204.0I(b) and Federal regulations at 40 CFR 

### § 51.102, public notice was given that the New Hampshire Department ofEnvironmental Services (the Department) intended to su bmit for the approval ofthe U.S. Environmental Protection Agency (EPA) a certification that New Hampshire's State Implem en tation Plan (SIP) fulfills the "infrastructure" requirements established in sections llO(a)(l) and (2) ofthe Clean Air Act (CAA) for ozone. A public hearing on the SIP submittal was held at 11:00 a.m., Monday, November 9, 2015, at the Department's offices in Room 

### 114 at 29 Hazen Drive, Concord, NH 03 30I. Opportunity was provided for members ofthe public to submit oral comments during the hearing or written comments at any time up to 4:00p.m. on the hearing date, for conside ration by the Department in preparing the fmal SIP submittal. A copy ofthe 

### draft SIP submittal was available for public inspection at the Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from 8:00 a.m. to 4:00p.m., Monday through Friday, throughout the comment period. The draft SIP revision was also available for downloading from the Department's website at http://des.nh.gov. The notice was published in the 

### Union Leader, a newspa per of general, statewide circulation, on Thursday, October 8, 2015, more than 30 days prior to the date ofthe hearing. Since no members ofthe public attended the hearing, the presentation ofthe 

### draft SIP revision and recordation ofthe presentation were determined to be unnecessary. Therefore, the hearing was closed at 11: 10 a.m., and a memo stating the circumstances was added to the file. The above statements are true to the best ofmy knowledge and belief. 

# l'l.J._, L 

# W "-' ';;
- Michele Roberge SIP Planning Manager, Air Resources Division 

# /1- 11- Zo 1j 

### Date

### T he Stat e of

### New H ampshire 

## Department ofEnvironmental Services
Thomas S
. Burack , Commissioner
November 9, 2015, 11 AM, DES Room 113 Hearing Officer: Karla McManus DES Personnel: Felice Janelle, Michele Roberge


### Comments to Open Ozone/Nitrogen Dioxide 

### Infrastructure SIP Amendment Public Hearing The Clean Air Act (CAA) section llO(a)(l) and (2) requires states to submit a State Implementation Plan (SIP) within three years ofthe promulgation ofa new or revised National Ambient Air Quality Standard (NAAQS). The purpose ofthis submission is to demonstrate that the state has the authority, regulations and personnel in place to provide for the implementation, maintenance and enforcement ofthe standard. On March 2008, the United States Environmental Protection Agency (EPA) promulgated a new NAAQS for ozone, 75 ppb as an 8-hour average. Implementation ofthat NAAQS was suspended by the EPA on January 6, 2010 pending further review and was reinitiated September 2011. New Hampshire Department ofEnvironmental Services (NHDES) submitted its infrastructure SIP for the 2008 8-Hour Ozone Standard in November 2012. Similarly, in response to the revised 1-hr Nitrogen Dioxide (N02) 

### NAAQS promulgated in 201 0, NHDES submitted its infrastructure SIP to the EPA in 2013. The EPA combined their response to 

### both ofthese submittals in the Federal Register ofJuly 17, 2015, indicating that neither included the section 110(a)(2XD)(i)(I) requirement to address interstate transport. The omission ofthis section was intentional- EPA had stated that they did not intend to 

### make findings with respect to this provision while awaiting resolution of legal matters related to the Cross-State Air Pollution Rule (CSPAR). The matter having been resolved, New Hampshire must address interstate transport for both the 2008 ozone and 2010 nitrogen dioxide NAAQS. NHDES referenced EPA's nationwide state-level ozone source apportionment modeling data to show that the state does not contribute to violation ofthe ozone NAAQS in other states 1 • 

### This data showed that emissions from New Hampshire are projected to 

### have a minimal impact at nonattainment areas in Connecticut and maintenance areas in Connecticut, New Jersey, and New York, that is, the potential impacts are well-below I% of0.75 ppb NAAQS, the threshold set by the EPA to define "contributing." Likewise, EPA 2 

### indicates that all areas ofthe country are designated "unclassifiable/attainment" for the 2010 N02 

### NAAQS. Based on the absence ofN02 

### nonattainment or maintenance areas in contiguous states, and the relatively low design values in New Hampshire and neighboring states when compared with the standard of 100 ppb, NHDES is confident to assert that New Hamp shire does not contribute to N02 

### nonattainment in other states.

1 EPA, Updated Ozone Transport Modeling Data for the 2008 Ozone National Ambient Air Quality Standard, 20 17 Ozone Contributions, EPA-HQ-OAR-2015-QS00-0007, Posted 08/04/2015 2 State Designations- Recommendations 

### I Area Designations for 2010 Nitrogen Dioxide Standards 

### I US EPA, http : /!www epa .gov/ai rguality/Q!tcogenoxlde5/designations{statta

. htmj , retrieved on July 22, 2015.RESPONSE TO COMMENTS EPA Comments to draft SIP submittal dated August 27. 2015 1. Please list out the two NAAQS for N02 as follows: One hour NAAQS at 100 ppb (3-year average ofthe 98th percentile ofthe maximum daily 1-hour concentrations, and the annual N02 NAAQS at 0.5 ppm 

### (53 ppb). This draft revision is for the 1-hourNAAQS, but it is best to be specific. NHDES response: The submittal specifies that it is addressing the 1-hour NAAQS for N02. (page 4) 2. When listing the Design Values for N02, please reference the EPA web site that lists the "final" design values. The 2014 design values for all pollutants have been posted at: http://www.epa.gov/airtrends/values.html. Also, the averaging time should be specified if the actual design values are listed (i.e

. 1-hour or annual average)

. NHDE S response: The graphs on page 5 and 6 use information posted at the web page listed above and it is referenced in the footnotes. Averagin g time is given. 3. A trend graph or table ofthe 1-hour N02 design values for New Ham pshire wo uld be helpful

. NHDES response: Graph provided on page 5. 4. Can anything definitive be said about future NOx emission levels in New Hampshire? A review ofthe NOx emissions trend in New Hampshire should be provided, either from New Hampshire ' s emissions inventory or by providing a citation to OTC emissions data or EPA emissions data NHDES response: New Hampshire National Emission Inventory Data for 20
. 02-2011 is provided on page 4. 5. A summary ofNew Hampshire's NOx controls programs should be included in the submittal, along with an indication ofwhich items are part ofthe New Hampshir e SIP. NHDES response: A summary ofNew Hampshire N Ox control programs is provided on pages 5 and 6. EPA comments to proposed SIP submittal dated October 29. 2015 1. EPA recommends a trend gr aph or table ofthe 1

-hour N02 design values for New Hampshire over the past several years. 

### An additional trend gra ph or table ofthe nearby states nitrogen dioxide design values would also be helpful.

### NHDES response: New Hampshire only has two valid 1-h.our N02 design values. They are 45 ppb (2008-2010) and 46 ppb (2007-2009). Design values for the annual NAAQS are provided in Figure 1 on page 5. 2
. EPA recommends a graph or table ofthe NOx emission trends in New Hampshire should be 

### provided. NHDES response: National Emission Inventory values for 2002-2011 are provided on page 4. 3. A 

### summary ofNew Hampshire's NOx contt:ol programs should be included, along with an indication ofwhich items are part ofthe New Hampshire SIP. NHDES response: A summary is ofNew Hampshire NOx control progrru.ns is provided on pages 5 

### and 6. Where the program or portion ofthe program are part ofthe New Hampshire SIP, the Federal Register reference is provided.

### TO: FROM: DATE: 

## RE: Memo to File 

### 2012 Ozone and 2010 N02 Standard

**Infr ~ructure**  

### SIP Files Felice Janelle, SIP Planning Analyst 

# <-'/f,- November 9, 2015 

# (J Public Hearing on 2012 8-hour Ozone and N02 

### One-Hour Standard Infrastructure SIP Amendment to address the Good Neighbor Provision Today at 11 :00 a.m., a public hearing was held in Room 114 of29 Hazen Drive, Department ofEnvironmental Services. This hearing was noticed in the Union Leader on October 8, 2015. No members ofthe public attended the hearing, so it was determined that it 

### was not necessary to present the proposed SIP revision and record the hearing. The hearing was closed at 11: 10 a.m. Written comments were received from EPA and were incorporated into the final document.