McConnell, Robert 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

BobJanelle, Felice <Felice.Janelle@des.nh.gov> 

Tuesday, December 29, 2015 3:18 PM 

McConnell, Robert 

Roberge, Michele; Arnold, Anne 

RE: Withdrawal of visibility portion from section 110(a)(2)(J) of NH i-SIPs 

12-29-201 SAttachments.pdf 

1 have amended the original documents. It is a more concise representation of the changes we made. (attached) 

Regards, 

Felice 

From: McConnell, Robert [mailto:mcconnell.robert@epa.gov] 

Sent: Tuesday, December 29, 2015 2:18 PM 

To: Janelle, Felice 

Cc: Roberge, Michele; Arnold, Anne 

Subject: FW: Withdrawal of visibility portion from section 110(a)(2)(J) of NH i-SIPs 

Felice - just confirming that the words, "and visibility protection" should be struck from the three 

referenced submittals, as I've shown in strike-out in this attachment. If you could confirm for me 

that's .the case, we should be all set. 

Thanks, 

Bob McConnell, Environmental Engineer 

Air Quality Planning Unit 

US EPA, Region 1 

Boston, Massachusetts 

617-918-1046 

From: Roberge, Michele [mailto:Michele.Roberge@des.nh.gov] 

Sent: Tuesday, December 29, 2015 11:23 AM 

To: McConnell, Robert <mcconnell.robert@epa.gov> 

Cc: Dahl, Donald <dahl.donald@epa.gov>; Conroy, David <Conroy.Dave@epa.gov>; Curley, Michael 

<Curley.M ichael@epa.gov> 

Subject: RE: Withdrawal of visibility portion from section 110(a)(2)(J) of NH i-SIPs 

Bob, 

Attached is a letter withdrawing the visibility portion of NH's 2008 03, 2010 N02 and 2010 502 I-SIP 

submittals. If you have any questions, please give me a call at the number below. Thanks for your help. 

Best regards, 

Michele 

Michele J. Roberge 

SIP Planning Administrator 

1 
NH Department of Environmental Services 

Air Resources Division 

29 Hazen Drive 

PO Box 95 

Concord, New Hampshire 03302-0095 

Phone: (603} 271-6793 

Email: Michele.Roberge@des.nh.gov 

From: McConnell, Robert [mailto:mcconnell.robert@epa.gov] 

Sent: Tuesday, December 08, 2015 9:16 AM 

To: Roberge, Michele 

Cc: Oahl, Donald; Conroy, David; Curley, Michael 

Subject: Withdrawal of visibility portion from section 110(a)(2)(J) of NH i-SIPs 

Michele - as discussed, we suggest that New Hampshire withd.raw the visibility portion of its i-SIP 

submittals made to address EPA's 2008 ozone, 2010 N02, and 2010 S02 NAAQS. (New Hampshire 

did not make a submittal for this sub-element within its i-SIP for EPA's 2008 lead NAAQS). The 

visibility require111ents fall under section 11 O(a)(2)(J), but EPA's guidance indicates that no 

requirements come due pursuant to this provision when EPA revises a NAAQS. However, since NH 

made a submittal for this sub-element within the i-SIPs mentioned above, EPA is obligated to act on 

that s~bmission unless it is withdrawn by the state. 

Here's language you could use in a withdrawal letter: 

In acknowledgement of the fact that EPA's September 13, 2013 guidance to states regarding i-SIPs 

does not require states to make SIP submittals to address the visibility provisions found at section 

11 O(a)(2)(J) of the Clean Air Act, New Hampshire requests withdrawal of the submittals made to 

address this aspect of 11 O(a)(2)(J) within the following infrastructure SIP submittals: 

1. 2008 ozone NAAQS submittal dated 12/3112012, wherein on page 11 of 13 reference is made 

. regarding visibility protection in several areas under the heading, "Subparagraph 110(a)(2)(J): 

PSD and Visibility Protection"; 

2. 2010 N02 NAAQS submittal dated 1/28/2013, wherein on page 10 of 12 reference is made 

regarding visibility protection in several areas under the heading, "Subparagraph 110(a)(2)(J): 

PSD and Visibility Protection"; and, 

3. 2010 S02 NAAQS submittal dated 9/13/2013, wherein on page 13 of 45 reference is made 

regarding visibility protection in several areas under the heading, "Subparagraph 11 O(a)(2)(J): 

PSD and Visibility Protection". 

If you attach to the withdrawal letter replacement pages that have these references to visibility 

protection struck, that should take care of things. 

Thanks, and let me know if you have any questions, 

Bob McConnell, Environmental Engineer 

Air Quality Planning Unit 

US EPA, Region 1 

Boston, Massachusetts 

617-918-1046 

2 
Page 11of13 

.... Subparagraph 110(a)(2)(J): PSD aed Visibility Preteetien 

CAA Citation: 

"Each such plan shall ... meet the applicable requirements of. .. part C (relating to prevention of significant 

deterioration of air quality and visibility protection); ... " 

Applicable NH Laws and Regulations: 

• RSA 125:81 , XIV (recodified as RSA 125-C:6, XIV) authorizes the agency to establish and operate a 

statewide system under which permits shall be required for the construction and operation of new and 

modified stationary sources. 

• Env-A 619: Prevention of Significant Deterioration addresses PSD and ¥isibility proteetioft and is essential 

to meeting the requirements of 40 CFR 51.166 and 40 CFR 52.21. 

Additional Information: 

Revisions to Env-A 619 (and Env-A 100: Organizational Rules) pertaining to the regulation of greenhouse 

gases were approved by EPA in a final rule published on February 6, 2012. (See 77 FR 5700.) Subsequent 

revisions to Env-A 619 were submitted as a SIP revision for EPA's approval on November 15, 2012 . 

..... Subparagraph 110(a)(2)(K): Air Quality Modeling/Data ·~------------~ 

CAA Citation: 

"Each such plan shall ... "provide for - (i) the performance of such air quality modeling as the Administrator 

may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the 

submission, upon request, of data related to such air quality modeling to the Administrator." 

Applicable NH Laws and Regulations: 

~ RSA 125:81 (recodified as RSA 125-C:6) authorizes the department to exercise general supervision of the 

administration and enforcement of the statute and all rules adopted and orders promulgated under it; to 

develop a comprehensive program and provide services for the study, prevention, and abatement of air 

pollution; to conduct and encourage studies relating to air quality; to collect and disseminate the results of 

studies relating to air quality; to advise, consult, and cooperate with the cities and towns and other agencies 

of the state, federal government, interstate agencies, and other affected agencies or groups in matters 

relating to air quality; and, among other authorities, to exercise all incidental powers necessary to carry out 

the purposes of the statute . 

• Env-A 613.02: Denial of Permit Issuance authorizes NHDES to deny the issuance of a construction permit 

if modeling shows that a major source proposing to construct or make modifications in a nonattainment area 

will cause or contribute to a violation of the NAAQS for a pollutant for which that area is in attainment. 

• Env-A 619.03: PSD Program Requirements incorporates by reference numerous paragraphs of 40 CFR 

52.21, including (k)(l), (l), and (m), which require modeling by major sources prior to construction or major 

modifications. - -------------------------------
----- ---- ..,.Subsection 110(a)(2)(J): Public Notification 

CAA Citation: 

"Each such plan shall ... meet the applicable requirements of ... section 127 (relating to public 

notification), ... " 

Applicable NH Laws and Regulations: 

Page JO of 12 

• RSA 125:81 (recodified as RSA 125-C:6) provides as follows: '·Jn addition to the other powers 

and duties granted herein, the agency shall have and may exercise the following powers and 

duties: ... IV. To collect and disseminate the results of studies relating to air pollution; V. To 

advise, consult, and cooperate with the cities and towns and other agencies of the state, federal 

government, interstate agencies, and other affected agencies or groups in matters relating to air 

pollution; VI. To encourage local units to promote cooperation by the people, political 

subdivisions, industries, and others in preventing and controlling air pollution in the state; . . . " 

Additional Information: 

N02 and other oxides of nitrogen (NOx) are chemical precursors to ground-level ozone and 

presumed precursors to fine particle formation. On days when ambient ozone or PM2_s 

concentrations are predicted to be high, NHDES exercises the authority granted under RSA 

125:81 (recodified as RSA 125-C:6) to issue public alerts. NHDES makes press releases and 

posts website notices advising people on how to help prevent air pollution and minimize the 

worst health effects of poor air quality. "Nln)ES is one of the state partners in EPA's AIRNOW 

and Enviroflash Air Quality Alert programs. (See www.airno\ .gO\.) -----------

..,.Subsection 110(a)(2)(J): PSD aed Visibility Preteetiee 

CAA Citation: 

"Each such plan shall.. .meet the applicable requirements of ... part C (relating to prevention of 

significant deterioration of air quality and visibility protection); ... " 

Applicable NH Laws and Regulations: 

• RSA 125:81, XIV (recodified as RSA 125-C:6, XIV) authorizes the agency to establish and 

operate a statewide system under which permits shall be required for the construction and 

operation of new and modified stationary sources. 

• Env-A 619: Pre"ention of Significant Deterioration addresses PSD and •1isibility proteetion 

and is essential to meeting the requirements of 40 CFR S 1.166, 40 CFR 52.21 and RSA 125-C. 

ubsection 110(a)(2)(K): Air Quality Modeling/Data - - CAA Citation: 

"Each such plan shall .. . "provide for - (i) the performance of such air quality modeling as the 
Page 13 of 45 

people, political subdivisions, industries, and others in preventing and controlling air pollution 

in the state; ... " 

1 Additional Information: 

I S02 is a chemical precursor, and one of many known contributors, to fine rti~le (PM2.5) 

pollution. On days when ambient PM2.s (or ozone) concentrations are predicted to be high, 

NHDES exercises the authority granted under RSA 125:81 (recodified as .RSA 125-C:6.) to 

issue public alerts. NHDES makes press releases and posts website notices advising people on 

how to help prevent air pollution and minimize the worst health effects of poor air quality. 

NHDES is one of the state partners in EPA's AIRNOW and Enviroflash Air Quality Alert 

programs. (See .www.airnow.gov .. ) -------------- -------------

,---------- --- ··--- - --·- - -- - - ----- l .... Subsection 110(a)(2)(J): PSD and ~~sihility Preteet~~ __________ _ 

CAA Citation: 

"Each such plan shall ... meet the applicable requirements of ... part C (relating to prevention of 

significant deterioration of air quality and visibility protection); ... " 

Applicable NH Laws and Regulations: 

• RSA 125:81, XIV (recodified as .RSA 125-C:6., XIV) authorizes the agency to establish and 

operate a statewide system under which pennits shall be required for the construction and 

operation of new and modified stationary sources. 

• Env-A 619: Prevention of Significant Deterioration. addresses PSD and •risibility proteetion 

and is essential to meeting the requirements of .40 CFR 51.166., .40 CFR 52.21 .. and .RSA 125-

~-· 

----------

,----·-----·--- - - - -· - . ·-- -· - - ·-----

1 IJI. Subsection 110(a)(2)(K): Air Quality Modeling/Data 

, CAA Citation: 

"Each such plan shall. .. "provide for - (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established a national ambient 

air quality standard, and (ii) the submission, upon request, of data related to such air quality 

modeling to the Administrator." 

Applicable NH. Laws and Regulations: 

• RSA 125:81 (recodified as .RSA 125-C:6.) authorizes the department to exercise general 

supervision of the administration and enforcement of the statute and all rules adopted and 

rders promulgated under it; to develop a comprehensive p:ogram ~d provide sei:ices for the_