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 of Environmental 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 of 40 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 of a 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 2012 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) contingent NHDES submitting to EPA by September 26, 2016 specified revisions to 

NNSR and PSD regulations to address t~e following provisions of the federal Non-attainment New 

Source Review (NNSR) and Prevention of Significant Deterioration (PSD) program regulations. 

This submission meets the completeness criteria of Appendix V to 40 CFR 51 Section 2.1 by 

including: 

• Enclosure A: Revision to New Hampshire State Implementation Plan to Meet the 

Requirements of the Clean Air Act, Section 110(a)(2)(D)(i) 

• Enclosure B: New Hampshire Statute Title X, Chapter 125-C:4 that provides 

authority for Air Pollution Control 

• Enclosure C: Public Participation Documentation 

- Notice of Public Hearing and Comment Period 

Certification of Public 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 of Adequacy 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 

Telephone: (603) 271-3503 Fax: (603) 271-2867 TOO Access: Relay NH 1-800-735-2964 
Revision to NH State Implementation Plan, 

Nowm/?er 17. 20/5 

public hearing related to SIP revisions, public notice shall be published in a newspaper of general 

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 1 
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 of air 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 emergencies, as authorized by RSA 125-C:9. 

(d) The establishment and operation of a 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 of certain devices and non-Title V sources from the permit requirements 

of RSA 125-C: 11, I and the conformance of exempted 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 of and 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 of particulate matter, mercury, and dioxin as 

provided in RSA 125-C: 10-b, VII( f). 

(p) The duration of time 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 of any 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 incorporate 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 of the 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 of such 

witnesses and the production of such 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 

Prepared by 

Air Resources Division 

New Hampshire Department of Environmental Services 

29 Hazen Drive 

Concord, NH 03302-0095 

(603) 271-3503 

www.des.nh.gov 

Thomas Burack, Commissioner 

Clark Freise, Assistant Commissioner 

Craig Wright, Director, Air Resources Division 
2008 OZONE NAAQS INFRASTRUCTURE SIP 

INTRODUCTION 

Sections llO(a)(l) and (2) of the 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 of promulgation of a 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. Implementation of that 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 Hampshire Department of Environmental 

Services (NHDES) submitted its "Certification of State 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 that section." 

Subsequent reversal of the D.C. Circuit Court's EME Homer City v. EPA decision by the 

Supreme Court resulted in a July 13,20151 finding of failure to submit a section 110 SIP for 

interstate transport against 24 states, including New Hampshire. On July 17, 20152 , EPA 

proposed to approve elements ofNHDES' 2008 8-hr ozone infrastructure SIP with the exception 

of section (D)(i)(I) which EPA described as "No Submittal" and proposed conditional approval 

of certain elements related to prevention of significant deterioration requirements. This 

submission addresses the "No Submittal" finding. 

EPA issued a memo3 and preliminary air quality modeling data4 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 of the 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 of Air Quality of Planning and Standards (AQPS), to Regional 

Air Division Directors, " lnfonnation 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/ainransoortfGoodNe ighborProvision2008NAAOS.pdf 

~ EPA OAQPS, "Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport 

Assessment," January 2015. http://www .epa.gov/airtransport/03TransportAOModelingTSD.pdf 

1 
CSAPR used a screening threshold (1 percent of the NAAQS) to identify contributing 

upwind states warranting further review and analysis. States whose air quality impacts at 

least one downwind problem receptor with contributions greater than 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 identified as states not requiring further evaluation for actions to address 

transport - that is, those states had no emissions reduction obligation imder the "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 of interstate transport 

on attainment and maintenance ofthe 2008 ozone NAAQS. In that 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 between 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 sites that it projected would be in nonattainrnent or 

would have maintenance issues with the 2008 ozone NAAQS in 2017. That approach entails 

calculating the maximum and average of the 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 maximum 2017 ozone design 

values. Sites with average projected 2018 design value that exceeded 75 ppb7 

were identified as 

projected 2017 nonattainrnent monitors. Monitoring sites with 20 17 average projected design 

values below the NAAQS but with 2017 maximum projected 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 half of the United 

States would be in nonattainment of the 2008 ozone NAAQS in 2017, defined as having a 

projected average design value above 75 ppb. Twelve of those areas are in Texas, four in 

Connecticut, three in New York, two in Pennsylvania, and one each in in Maryland, Michigan, 

Kentucky, New Jersey, Ohio and Wisconsin. Twenty-six eastern monitors were identified as 

projected 2017 maintenance areas: twelve in Texas, four in New Jersey, three in Ohio, two each 

in Maryland and Michigan, and one each in Kentucky and New York. Maintenance areas were 

s EPA, Updated Ozone Transport Modeling Data for t he 2008 Ozone National Ambient Air Quality Standard, 2017 

Ozone Contributions, EPA-HQ-QAR-2015-0500-Q007, Posted 08/04/2015 

6 EPA, NModeling Guidance for Demonstrating Attainment of Air Quality Goals for Ozone, PM2~. and Regional 

Haze", December 2014 DRAFT. http:l/www.epa.gov/ttn/scram/guidance/guide/Draft 03-PMRH Modeling Guidance-2014.pdf 

7 1n determining compliance with the NAAQS, EPA truncated to integer values. For example, a design value of 75.9 

ppb is truncated to 75 ppb which is attainment. In this manner, average design values 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 of the Ozone 

Source Apportionment Technology (OSAT) apportioning schemes to quantify the contribution of 

2018 emissions of oxides of nitrogen (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 of at least 1% of the 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 areas8

• 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 District of Columbia 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. Maintenance 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 the 2008 Ozone National 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, EPA 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 if an area meets the standard, to the 3-year average of the 

98th percentile of the annual distribution of daily 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 Nitrogen 

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 of certain elements related to prevention of 

significant deterioration requirements. This section addresses the "No Submittal" designation. 

Thefollowing information can be found on the EPA website11 : 

On January 20,2012 EPA designated all areas of the 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 of data, 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 N02 concentration has been well below the 

annual average NAAQS of 53 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- Recommendations 1 Area Designations for 2010 Nitrogen Dioxide Standards I us EPA, 

htt p://www.epa.gov/airguality/ nitrogenoxides/desigoations/ state.html, retrieved on July 22, 2015. 12 Emission Inventories I Clearinghouse for Emission Inventories and Emissions Factors I Technology Transfer 

Network I US EPA, http://www3.epa.gov/ttn/chief/eiinformation.html, retrieved Nov. 11, 2015 

4 
maximum 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•15 

12 

10 

8 

.c 

~ 

Q. 6 

4 

2 

0 

2005 2006 2007 2008 2009 

..,._Hillsborough County (Site ID 330110020) 

Rockingham County (Site ID 330150014) 

NEW HAMPSHIRE NOx CONTROL PROGRAMS 

2010 

The following New Hampshire Certified Administrative Rules (CAR) established by NHDES 

have high relevance to but are not inclusive of all regulations for the control ofN02 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 of Attainment ofN02 Standard 

- Env-A 306.03: Measurement for N02 Attainment Determination 

• Env-A 500: Standards Applicable to Certain New or Modified Facilities and Sources of 

Hazardous Air Pollutants 

• Env-A 600: Statewide Permit System [77 FR 5700] 

- Env-A 618: Nonattainment New Source Review 

- Env-A 619: Prevention of Significant Deterioration 

• Env-A 700: Permit Fee System [57 FR 36603] 

• Env-A 1300: Nitrogen Oxides (NOx) Reasonably Available Control Technology (R.t\CT) ill 

FR49458] 

13 us EPA Design Values, www.epa.gov/alrtrends/values.html, retrieved on August 26, 2015. 14 The level of the annual NAAQS for nitrogen dioxide is 53 parts per billion (ppb). The design value is the annual 

average of the hourly conc;entration values. Only valid design values are shown. 15 The design values 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. 

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 of Regional 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 of the 1-hr N02 NAAQS in neighboring states and 

therefor meets the "Good Neighbor" provision of section (D)(i)(l). 

CONCLUSION 

New Hampshire's highest ozone contribution to a nonattainment site was 0.07 ppb (0.09% of the 

NAAQS) and 0.02 ppb (0.03% of the NAAQS) to a maintenance 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 for 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 level of the annual NAAQS for nitrogen dioxide is 53 parts per billion (ppb). The design value is the annual 

average of the hourly concentration valrues. The design value listed for each county is the highest 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. 

6 
SUMMARY 

Based on the methodology specified in EPA's January 2015 memorandum and the results of the 

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 of the 2010 1-hr N02 NAAQS in other states. 

The submittal of this 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) of the CAA and 

completes New Hampshire's fulfillment ofthe elements specified in Sections 110(a) (1) and (2) 

of the 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 of Federal 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 of air 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 of a 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 of certain devices and non-Title V sources from the permit requirements 

ofRSA 125-C: 11, I and the conformance of exempted 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 of and 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. 

(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 of implementing RSA 

485:16-c. 

( o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as 

provided in RSA 125-C:lO-b, VII(f). 

(p) The duration of time 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 of any 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 of Public 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 of the 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 of the federal Clean Air Act, section 110 (a) (1) and (2), pertaining to infrastructure 

elements for implementation of the federal air quality standards for ozone. These standards that New 

Hampshire and other states must meet are contained in Title 40: Protection of Environment, section 

50.15, National Primary Air Quality Standards for Ozone and Nitrogen Dioxide. 

This submission amends two New 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 EPA'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 District Court (Northern District of 

California) decision 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 Ambient Air 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 of Environmental 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 of the 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 of the SIP submission may be downloaded at 

http://des.nh.gov/organintion/divisionslnir/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 of Environmental Services 

Dated: October 5, 2015 
The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

CERTIFICATION OF PUBLIC PROCESS: 

Amendment to New Hampshire 2008 Ozone and 2010 Nitrogen Dioxide NAAQS to Address 

the Good Neighbor Requirements of Clean 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 of Environmental 

Services (the Department) intended to submit for the approval of the U.S. Environmental Protection 

Agency (EPA) a certification that New Hampshire's State Implementation Plan (SIP) fulfills the 

"infrastructure" requirements established in sections llO(a)(l) and (2) of the 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 30 I. Opportunity was 

provided for members of the public to submit oral comments during the hearing or written 

comments at any time up to 4:00p.m. on the hearing date, for consideration by the Department in 

preparing the fmal SIP submittal. 

A copy of the 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 newspaper of general, statewide circulation, on 

Thursday, October 8, 2015, more than 30 days prior to the date of the hearing. 

Since no members of the public attended the hearing, the presentation of the draft SIP revision and 

recordation of the 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 of my knowledge and belief. 

l'l.J._, L W "-' ';; - Michele Roberge 

SIP Planning Manager, Air Resources Division 

/1- 11- Zo 1j 

Date 
The State of New Hampshire 

Department of Environmental 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 of a new or revised National Ambient Air Quality Standard 

(NAAQS). The purpose of this submission is to demonstrate that the state has the authority, regulations 

and personnel in place to provide for the implementation, maintenance and enforcement of the 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 of that NAAQS was suspended by the EPA on 

January 6, 2010 pending further review and was reinitiated September 2011. New Hampshire 

Department of Environmental 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 of July 17, 2015, 

indicating that neither included the section 110(a)(2XD)(i)(I) requirement to address interstate transport. 

The omission of this 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 of the ozone NAAQS in other states1

• 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, EPA2 indicates that all areas of the 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 Hampshire 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, 2017 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/airguality/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). 

NHDES response: The graphs on page 5 and 6 use information posted at the web page 

listed above and it is referenced in the footnotes. Averaging time is given. 

3. A trend graph or table of the 1-hour N02 design values for New Hampshire would 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 of the 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 of New Hampshire's NOx controls programs should be included in the 

submittal, along with an indication of which items are part of the New Hampshire SIP. 

NHDES response: A summary ofNew Hampshire NOx control programs is provided on 

pages 5 and 6. 

EPA comments to proposed SIP submittal dated October 29. 2015 

1. EPA recommends a trend graph or table of the 1-hour N02 design values for New 

Hampshire over the past several years. An additional trend graph or table of the 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 of the 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 of which items are part of the New Hampshire SIP. 

NHDES response: A summary is of New Hampshire NOx control progrru.ns is provided 

on pages 5 and 6. Where the program or portion of the program are part of the 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 of 29 Hazen Drive, 

Department ofEnvironmental Services. This hearing was noticed in the Union 

Leader on October 8, 2015. 

No members of the 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.