4* 

MHS6ES 

The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

July 23, 2013 

H. Curtis Spalding, Regional Administrator 

U.S. Environmental Protection Agency, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02 109-3912 

Re: State Implementation Plan Revision Submittal for Env-A 2100 - Particulate Matter 

and Visible Emissions Standards 

Dear Administrator Spalding: 

Pursuant to section 110 of the federal Clean Air Act as amended, the state of New 

Hampshire hereby submits for approval the subject proposed State Implementation Plan (SIP) 

revision and one exact electronic copy thereof on a disk (enclosed). As Governor Maggie 

Hassan's designee, I am requesting EPA's approval of this revision, which consists of the 

additions and amendments to administrative rule Env-A 2100, Particulate Matter and Visible 

Emissions Standards. 

Env-A 2100 establishes emission standards for particulate matter and visible emissions 

for those stationary sources or devices that are not specifically regulated pursuant to any chapter, 

part, or section of this subtitle. 

On August 31, 2000 and January 28, 2005, DES submitted earlier versions of Env-A 

2100 as SIP revisions. DES is hereby withdrawing those submittals, as the current submittal 

contains the version of the rule that took effect on April 23, 2013, superseding the earlier 

versions. 

This submittal contains all documentation necessary to satisfy the SIP completeness 

requirements pursuant to 40 CFR Part 51, Appendix V. The following administrative materials 

are included for your review: 

Evidence of the rule's adoption 

Evidence of legal authority 

A copy of the rule 

Evidence that all the State's legal requirements were followed in adopting the rule 

and submitting the SIP revision 

Evidence that the public notice was given in accordance with EPA procedures 

Certification that, if requested, the public hearing was held in accordance with the 

public notice 

A compilation of public comments and the State's responses thereto 

DES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964 
Mr. H. Curtis Spalding, Regional Administrator Page 2 

SIP Revision Submittal July 23, 2013 

One of the requirements of Appendix V is that the documentation include the date of 

adoption, as well as the effective date, of the rule. In accordance with RSA 541-A:14, an agency 

may adopt a rule after all procedures have been completed. DES adopts a rule on the day its 

Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with 

the Director of the Office of Legislative Services (OLS). The rule takes effect the day after it is 

filed unless a different date is requested in the letter. The attachments hereto contain a letter 

from the DES Commissioner to the Director of the OLS, documenting the adoption of the rule, 

as well as written documentation from the OLS as to the filing and effective dates of the rule. 

Should you have any questions regarding this submittal, please contact Karla McManus, 

Planning and Rules Manager, at kar1a.mcmanusdes.nh.gov or (603) 271-6854, or Barbara L. 

Hoffthan, SIP Planning Manager, at barbara.hoffmancdes.nh.gov or (603) 271-7874. Thank 

you for your assistance. 

Sincerely, 

&ttc 

i,2'zL 

Craig A. Wright 

Acting Director 

Air Resources Division 

Enclosures 

ec: Dave Conroy, EPA 

Anne Arnold, EPA 

Allison Simcox, EPA 
EVIDENCE OF THE RULE'S ADOPTION 

40 CFR Part 51, Appendix V, 2.1(b) 
STATE OF NEW HAMPSHIRE 

JILL K. S1EVEK1NG - 

OIRECTOR 

OFFICE OF LEGISLATIVE SERVICES 

STATEHOUSE 

107 NORTH MAIN STREET, ROOM 109 

CONCORD. NEW HAMPSHIRE 03301-4951 

April 22, 2013 

Received from Commissioner, Department of Environmental Services 

the following certified rule(s) filed with the Director of Legislative Services, in accordance with RSA 541-A, the 

Administrative Procedures Act. 

#10314 

Document # 

Relative to: Env-A 2100 - Particulate Matter and Visible Emissions Standards. 

Number of Pages: 

Adopted Date: 4-22-13 

Piling Date: 4-22-13 

Effective Date: 4-23-13 

Expiration Date: 04/23/2023 

Notes: N/A 

In all communications with this office concerning the above rule(s), please cite the appropriate document 

number, as indicated above. 

Jill K. Sieveking, Director 

Office of Legislative Services 

TOO Access: Relay NH 1-800-735-2964 

DIRECTOR (603) 271-3432 RESEARCH (603) 271-3326 

LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680 
EVIDENCE OF LEGAL AUTHORITY 

40 CFR Part 51, Appendix V, 2.1(c) 

Laws of New Hampshire, RSA 125-C:4 

Rulemaking Authority; Subpoena Power 
TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C:4 Rulemaking Authority; Subpoena Power. - 

1. The commissioner shall adopt rules under RSA 541-A, re,tative to: 

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. 

Primary and secondary ambient air quality standards. 

Procedures to meet air pollution emergencies, as authorized by RSA 125-C :9. 

The establishment and operation of a statewide permit system, as authorized by 

RSA 125-C:6, XIV, RSA 125-C:l 1,1 and RSA 125-C:1 1, I-a. 

Devices, in addition to those devices defined under RSA 125-C:2, subject to the 

permit requirements of RSA 125-C:1 1, as authorized by RSA 125-C: 11, II. 

The exemption of certain devices and non-Title V sources from the permit 

requirements of RSA 125-C:11,:1 and the conformance of exempted devices to 

established standards, as authorized by RSA 125-C:1 1, I. 

The forms and information required on applications for temporary and permanent 

permits required under'RSA 125-C:1 1, as authorized by RSA 125-C:12, 1. 

Notification of and public hearing on permit applications, including exemptions 

from those requirements, as authorized by RSA 125-C:12. II. 

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

Procedures for permit application review, as authorized by RSA 125-C: 11, IV, 

and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. 

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:15, 1. 

Procedures for granting variances, as authorized by RSA 125-C:16. 

The manufacture, use, or sale of consumer products for purposes of implementing 

RSA 485:16-c. 

Applicability thresholds for emissions of particulate matter, mercury, and dioxin 

as provided in RSA 125-C:l0-b, VII(f). 

The duration of time during which no additional best available control technology 

determination is required as provided in RSA 125-C:10-b, IV and VI. 

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:10-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 L the department may incorporate by reference 

standards issued by the California air resources board relative to certification and testing 

of vapor recovery equipment. 

I-b. In adopting rules under subparagraph 1(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. 

IL 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. eff, May 27, 2004. 2005. 173:3. eff. June 29, 2005. 2008. 113:3. eff. Aug. 2, 

2008. 2010, 183:6, eff. June 21, 2010. 
COPY OF THE ACTUAL RULE 

40 CFR Part 51, Appendix V, 2.1(d) 
The State of New Hampshire 

V

Department of Environmental Services 

!NH~DES Thomas S. Burack, Lommissioner 

CELERAT1NG 

-' Celebrating 25 Years of Protecting 

-- 

New Harripshire's Environrnent 

May 2, 2013 

Jill K. Sieveking, Director 

Office of Legislative Services 

do Division of Administrative Rules 

25 Capitol Street 

State House Annex, Room 219 

Concord, New Hampshire 03301-6312 

Reference Doe. 10314, Env-A 2100 

Dear Director Sieveking: 

Pursuant to RSA 541-A:15, I-a, I hereby certify that the enclosed rules are the same in 

substance as the rules originally filed with the Office of Legislative Services, Division of 

Administrative Rules. 

1 further certify that the enclosed rules, as edited for format by the Division of 

Administrative Rules, is the official version of these rules which this agency is required to 

publish in an 8 1/2 x Ii inch loose-leaf format as part of the New Hampshire Code of 

Administrative Rules, under Chapter 5 of the New Hampshire Drafting and Procedure Manual 

jhrAclministrative Rules and RSA 541-A:15, I. 

Sincerely, 

&L - 

Thomas S. Burack 

Commissioner 

Enclosure 

cc: Gretchen Hamel, DES Legal Unit 

DES Public Information Center 

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

Karla McManus, DES ARD Planning and Rules Manager 

www.des.nh.gov 

29 Hazen Drive a P0 Box 95 * Concord, NH 03302-0095 

(603) 271-3503 a TDD Access Reiay NH 1-800-735-2964 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I, (a) and (e) 

PART Env-A 2101 PURPOSE 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any other 

chapter, part, or section of this subtitle. 

Source. #6428-B, eff 1-18-97 (formerly Env-A 1203); ss by 

#8215, eff 11-24-04; ss by #10314, eff 4-23-13 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as 

specified in Env-A 2102.01 and Env-A 2103.01. 

Source. #103 14, eff 4-23-13 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or.sections. 

Source. #6428-B, eff 1-18-97 (formerly Env-A 1203); ss by 

#8215, eff 11-24-04 (from Env-A 2103); ss by #10314, eff 

4-23-13 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Source. 98215, eff 11-24-04 (from Env-A 2103); ss by 

#103 14, eff 4-23-13 

Env-A 2102.03 Emission Standards for Particulate Matter. 

For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed the emission 

standards specified for "New Devices" as listed in Table 2 102-1, in (c), below. 

For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allow the emission of particulate matter at such source or device to exceed the 

emission standards specified for "Existing Devices" as listed in Table 2 102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2 102-1, below: 

Table 2102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

0.025 0.36 0.43 

0.05 0.55 0.68 

1 Env-A 2100 

13 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 

30 40.0 49.31 

40 42.5 51.03 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

1,000 77.6 93.11 

Source. #8215, eff 11-24-04 (from Env-A 2103); ss by 

#103 14, eff 4-23-13 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable 

particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where: 

"E" means the maximum allowable particulate matter emission rate in pounds per hour 

(lb/br); and 

"P" means the process weight rate in tons per hour (tons/br). 

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight 

rate is: 

Up to 30 tons/br, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in the 

formula below: 

E=5.05P° 67 

In excess of 30 tons/br, P shall be raised to the 0.11 power and multiplied by 66.0, and then 

48 shall be subtracted from that result, as shown in the formula below: 

E=66.00 11-48 

(c) For a stationary source or device installed after February 18, 1972, if the process weight rate is: 

Up to 30 tons/br, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

E = 4.10 P0 . 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 

40 shall be subtracted from that result, as in the formula below: 

E=55.00 11 40 

2 Env-A2100 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

Source. #82 15, eff 11-24-04 (from Env-A 2103); ss by 

#10314, eff 4-23-13 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Source. #6428-B, eff 1-18-97 (formerly Env-A 1203); ss by 

#8215, eff 11-24-04 (formerly Env-A 2107); ss by #10314, eff 

4-23-13 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationary source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period. 

Opacity shall be determined in accordance with Env-A 807. 

Source. #6428-B, eff 1-18-97 (formerly Env-A 1203); ss by 

#8215, eff 11-24-04 (formerly Env-A 2107); ss by #10314, eff 

4-23-13 

Env-A 2103.03 Affirmative Defense to Penalty Action. 

(a) An owner or operator against whom a malfunction-based violation of Env-A 2103.02(a) is alleged 

in a penalty action may raise an affirmative defense to the penalty as specified in this section. 

(b) To establish the affirmative defense specified in (a), above, the owner or operator of the facility 

shall: 

Comply with Env-A 911.04 relative to reporting permit deviations; and 

Prove by a preponderance of the evidence that all of the circumstances identified in (c), 

below, have occurred. 

(c) The circumstances that support an affirmative defense for the violation of a visible emission 

standard during a malfunction shall be as follows: 

(1) The excess emissions were caused by: 

A sudden and not reasonably preventable breakdown of air pollution control equipment 

or process equipment; or 

The failure ofa process to operate in the normal or usual manner; 

(2) The excess emissions did not stem from any activity or event that could have been planned 

for or reasonably foreseen and could not have been avoided by better operation and maintenance 

practices; 

3 Env-A 2100 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

Subject to (d), below, the air pollution control equipment or process equipment was 

maintained and operated in a manner consistent with good practice for minimizing emissions to 

the maximum extent practicable; 

The excess emissions were not part of a recurring pattern indicative of inadequate design, 

operation, or maintenance; 

The owner or operator made repairs to the malfunctioning equipment or process as 

expeditiously as possible after the malfunction was discovered; 

The amount and duration of the excess emissions, including any bypass, were minimized to 

the maximum extent practicable during periods of such emissions; 

The owner or operator took all reasonable steps to minimize the impact of the excess 

emissions on ambient air quality; 

The owner or operator ensured the continued operation of any monitoring system except as 

necessary to correct the malfunction; and 

The owner or operator documented all actions taken during the period of excess emissions 

using contemporaneous operating logs or other reliable evidence. 

(d) The requirement in (c)(3), above, shall not be construed to automatically require the shutdown of 

process equipment to minimize emissions. 

(e) The affirmative defense provisions of this section shall not be available for: 

Claims for injunctive re1ief or 

Failure to meet federally promulgated visible emission standards specified in 40 CFR 60 and 

40 CFR 63. 

(f) In considering an affirmative defense raised by an owner or operator, the department shall review 

the information provided pursuant to Env-A 911.04 and any other information the department deems material 

and relevant, which may include, but is not limited to, a physical inspection of the facility and review of 

documentation pertaining to the maintenance and operation of emission units and air pollution control 

equipment. 

(g) This section shall not be construed as limiting the authority of EPA or citizens under the Act. 

Source. 9103 14, eff 4-23-13 

Appendix 

Rule Section(s) State Statute Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 

Env-A 2100 
EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL 

PROCEDURAL REQUIREMENTS 

40 CFR Part 51, Appendix V, 2.1(e) 
REQUEST FOR FISCAL IMPACT STATEMENT 
STATE OF NEW HAMPSHIRE 

DATE November 1, 2012 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Request for Fiscal Impact Statement 

To Legislative Budget Assistant 

In accordance withNH RSA 541-A:5, enclosed please find a Request for Fiscal Impact Statement 

and a copy of the corresponding administrative rules for the following: 

Env-A 2100: Particulate Matter and Visible Emissions Standards 

Please fax the Fiscal Impact Statement to Gretchen Hamel at 271-8805. 

If you have any questions, please contact Gretchen Hamel at 271-3137. 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

ec: Karla McManus, ARD Planning and Rules Manager 
OFFICE OF LEGISLATIVE BUDGET ASSISTANT 

REQUEST FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number Rule Number Env-A 2100 

1. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box. 95 

Concord, NH 03302-0095 

RSA Authority: 

Federal Authority: 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/amendment 

Interim rule 

Have the rules expired? 

Date Expired: 

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

N/A 

91 

Short Title: Particulate Matter and Visible Emissions Standards 

Contact Person: 

Name: Gretchen Hamel 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

(1) Summarize the rule. 

Title: Administrator, Legal Unit 

Phone#: 271-3137 

Fax#: 271-8805 

The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those 

stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section 

of the Air Resources rules. The rules are proposed to be readopted because they are scheduled to expire on 

November 24, 2012. Revisions are proposed to increase the clarity of the rules and to add elements required 

by New Hampshire rule drafting requirements. 

Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by 

statute, then the rule itself may not have a cost or benefit associated with it. Please state either the statute or 

chapter law that is instigating this rule. 

There are no costs associated with the proposed rules, because even if the existing rules expire the sources 

that are subject to the rules would still be required to comply with the federal rule that incorporates them at 

40 CFR §52.1520. (The numbering for this rule has changed; it was first approved into the State 

Implementation Plan (SIP) as Env-A 1203. EPA is reviewing the more current versions of these rules, and 

DES will submit these rules, when readopted, as revisions to the SIP.) 

The rules are being adopted pursuant to RSA 125-C:4, 1(a) and (e) to implement RSA 125-C:6, II and X. 

Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule. 

No changes to the substance of the rules are being proposed, so there is no difference between the costs of 

the proposed rules and the costs of the existing rules. 

Describe the costs and benefits to the state general fund which would result from this rule. 

The proposed rules will not impose any costs on or provide any benefits to the state general fund. 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2 

Explain and cite the federal mandate for the proposed rule, if there is such a mandate. How would the 

mandate affect state funds? 

There is no federal mandate for the proposed rules. However, the existing rule is part of the SIP, which has 

been approved by the U.S. Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 

42 U.S.C. §74 10 and is required by the Federal Clean Air Act to meet the National Ambient Air Quality 

Standards. 

Describe the cost and benefits to any state special fund which would result. 

There will be no costs or benefits to any state special fund as a result of the proposed rules. 

Describe the costs and benefits to the political subdivisions of the state. 

The proposed rules will not impose any costs on political subdivisions of the state. Readopting these rules 

may provide financial benefits to political subdivisions in the form of reduced health care costs and fewer 

employee days lost to illness when compared with what would be incurred if particulate emissions were not 

controlled. Political subdivisions also may realize a financial benefit from businesses remaining in or 

moving into the tax base because of the cleaner air. Particulate matter or particle pollution, especially fine 

particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs 

and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a 

variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; 

irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such 

as irritation of the airways, coughing, or difficulty breathing. 

Describe the costs and benefits to the citizens of the state. 

The proposed rules will not impose any costs on citizens of the state. Readopting these rules will provide 

financial benefits to citizens in the form of reduced health care costs over those that would be incurred if 

particulate emissions were not controlled. Particulate matter or particle pollution, especially fine particles, 

contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and 

cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a 

variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; 

irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such 

as irritation of the airways, coughing, or difficulty breathing. 

Describe the costs and benefits to any independently owned business, including a description of the specific 

reporting and recordkeeping requirements upon those employing fewer than 10 employees. 

The proposed rules will not impose any costs on any independently owned businesses. Readopting these 

rules will provide financial benefits to businesses in the form of fewer employee days lost to illnesses 

compared to what would be expected if particulate emissions were not controlled. Particulate matter or 

particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small 

that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have 

linked particle pollution exposure to a variety of problems, including: premature death in people with heart 

or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and 

increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. 

The proposed rules will not change any existing reporting or recordkeeping requirements. There are no such 

requirements applying specifically to businesses employing fewer than 10 employees. 
Added text in bold italics Initial Proposal 10-9-12 1 

Deleted text shown struck through 

Readopt with amendment Env-A 2100, eff 11-24-04 (doc. 48215), to read as follows: 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I(a) and (e) 

PART Env-A 2101 PURPOSE AND APPLICABILITY 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any 

other chapter, part, or section of this subtitle. 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as 

specfled in Env-A 2102.01 and Env-A 2103.01. 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those partioular chapters, parts, or sections. 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Env-A 2102.03 Emission Standards for Particulate Matter. 

For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed those the emission 

standards specified for "New Devices" as listed in Table 2102-1, in (c), below. 

For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allow the emission of particulate matter at such source or device to exceed these 

the emission standards specified for "Existing Devices" as listed in Table 2102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2102-1, below: 

Table 2 102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

Installed After February 18, 1972 

Emission Standard for "E5dsting Devices" 

or on 

(pounds per hour) 

Installed Prior to February 18, 1972 

(pounds per hour) 

0.025 0.36 0.43 

0.05 0.55 0.68 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 
Added text in bold italics 

Deleted text shown struck through 

Initial Proposal 10-9-12 2 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices' 

Installed After February 18, 1972 

Emission Standard for "Existing Devices" 

Installed 

(pounds per hour) 

Prior to or on February 18, 1972 

(pounds per hour) 

30 40.0 49.31 

40 42.5 51.03 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

- 1,000 77.6 93.11 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly stated listed in Table 2102-1, above, the maximum 

allowable particulate matter emision rate shall be calculated by-using the applicable equation which is for 

the particular process weight, as designated in (b) and-or (c), below, where: 

"B" means the maximum allowable particulate matter emission rate in pounds per hour 

(lb/hr); and 

"P" means the process weight rate in tons per hour (tons/hr). 

(b) For an "Existing a stationary source or dDevice installed prior to or on February 18, 1972, if the 

with a process weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in 

the formula below: 

E = 5.05 P0 . 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 66.0, and 

then 48 shall be subtracted from that result, as shown in the formula below: 

E=66.0P°' 1-48 

(c) For a "New stationary source or dDeviceL installed after February 18, 1972, ?f the with a process 

weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

B = 4.10 P0 .67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and 

then 40 shall be subtracted from that result, as in the formula below: 

E=55.OP° 11-40 
Added text in bold italics Initial Proposal 10-9-12 3 

Deleted text shown struck through 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationary source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period, 

except for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, or 

malfunction. 

Opacity shall be determined in accordance with Env-A 807. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 
FISCAL IMPACT STATEMENT 
NH OFC LEG BOOT ASST Fax 603-271-1097 Nov 9 2012 11:59am P002/002 

LAO 

FIS 12:174 

11/08/12 

Fiscal Impact Statement for Department of Environmental Services rules governing Particulate 

Matter and Visible Emissions Standards. jEnvA 21001 

I. Comparison of the costs of the propqsed rule(s) to the existing rule(s): 

There is no difference in cost when comparing the proposed rules to the existing rules. 

Cite the Federal mandate, identify the impact on state funds: 

No federal mandate, no impact on state funds. The existing rule is part of the state 

implementation plan which has been approved by the US Environmental Protection 

Agency pursuant to Section 110 of the Clean Air Act (42 U.S.0 § 7410) and is required 

by the Federal Clean Air Act to: meet the National Ambient Air Quality Standards. 

Costand benefits of the proposed ruie(): 

To State general or State special fundst 

None. 

TO State citizens and political ubdivis1ofls: 

None. 

To independentiy. owned bustnesses: 

None. 
RULEMAKING NOTICE FILING 
STATE OF NEW HAMPSHIRE 

DATE November 9, 2012 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Rulemaking Notice 

TO Office of Legislative Services 

Division of Administrative Rules 

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

Env-A 2100: Particulate Matter and Visible Emissions Standards 

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

271-3137. 

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

should be directed to Karla McManus at 271-6854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

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

Karla McManus, DES ARD Planning and Rules Manager 

ARD Distribution list 
RULEMAKING NOTICE 

Notice Number Rule Number Env-A 2100 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box95 

Concord, NH 03302-0095 

RSA Authority: 

Federal Authority: 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/amendment 

RSA 125-C:4, 1(a) & (e) 

N/A 

x 

Short Title: Particulate Matter and Visible Emissions Standards 

(a) Summary of what the rule says and of any proposed amendments: 

The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those 

stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section 

of this subtitle. The rules are proposed to be readopted because they are scheduled to expire on November 24, 

2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this 

readoption proceeding. Revisions are proposed to increase the clarity of the rules and to add elements 

required by New Hampshire rule drafting requirements. 

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

The rules affect owners and operators of certain stationary sources or devices that emit particulate matter and 

visible emissions and are not specifically regulated by any other chapter, part, or section of this subtitle. 

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

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-06, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-06, II 

Contact person for copies and questions including requests to accommodate persons with disabilities: 

Name: Karla McManus Title: Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. Box 95 Fax#: (603)271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManusdes.nh.gov 

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

http : //des.nh.gov/organization/commisSioner/legal/FUlemaking/indeX.htm 800-735-2964 or dial 711 (in NH) 

Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified: Tuesday, January 15, 2013 by close of business at 4:00 pm. 

IFax jE-mail Other format (specify'): 

Public hearing scheduled for: 

Date and Time: Friday, January 4, 2013 at 10:00 am. 

Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH 
RULEMAKING NOTICE - Page 2 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS #12:174, dated 11/08/12: 

Comparison of the costs of the proposed rule(s) to the exi ting rule(s): 

There is no difference in cost when comparing the proposed rules to the existing rules. 

Cite the Federal mandate. Identify the impact on state funds: 

No federal mandate, no impact on state funds. The existing rule is part of the state implementation 

plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of 

the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National 

Ambient Air Quality Standards. 

Cost and benefits of the proposed rule(s): 

To State general or State special funds: 

None. 

To State citizens and political subdivisions: 

None. 

To independently owned businesses: 

None. 

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

None of the sources affected by these rules is owned by a political subdivision. Accordingly, the proposed 

rules do not violate Part I, Article 28-a of the New Hampshire Constitution because they do not assign any 

new, modified, or expanded programs or responsibilities to political subdivisions of the state in such a way as 

to necessitate local expenditures. 
STATE OF NEW HAMPSHIRE 

January 24, 2013 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Draft Final Proposed Rule: Hearing and Public Comment Period 

NN 2012-163 AND NN 2012-164 

To Office of Legislative Services 

Division of Administrative Rules 

In accordance with NH RSA 541-A:1 1, 1(c), enclosed please find the notice entitled Draft Final 

Proposed Rule: Hearing and Public Comment Period for the following rules: 

Env-A 2100: Particulate Matter and Visible Emissions Standards 

Env-A 2400: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations 

Questions from OLS regarding the notice should be directed to Gretchen Hamel at 271-3137. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

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

Karla McManus, DES ARD Planning and Rules Manager 
DRAFT FINAL PROPOSED RULE: 

HEARING AND PUBLIC COMMENT PERIOD 

Notice Number 2012-163 Rule Number Env-A 2100 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 033 02-0095 

RSA Authority: RSA 125-04, I(a)&(e) 

Federal Authority: N/A 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/ amendment 

Short Title: Particulate Matter and Visible Emissions Standards 

In accordance with RSA 541-A: 11, 1(c), public comment is being solicited on a draft of final proposed 

rules in the rulemaking proceeding for which notice first appeared in the Rulemaking Register on 

November 15, 2012 under Notice Number 2012-163. 

A public hearing on the draft final proposed rules has been scheduled for: 

Date and Time: Friday, March 8, 2013, 10:30 AM 

Place: Room 112, DES Offices, 29 Hazen Drive, Concord Nil 

The deadline for submission of materials in writing or, if practicable for the agency, in the electronic 

format specified, is: 4:00 PM on Friday, March 8, 2013 

EFax SE-mail LilOther format (specify): 

Contact person for copies of the draft final proposed rules and questions including requests to 

accommodate persons with disabilities: 

Name: Karla McManus Title ARD Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603)271-6854 

29 Hazen Drive; P.O. Box 95 Fax #: (603) 271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManusdes.nh.gov 

The draft final proposed rules can be viewed in PDF at TTY/TDD Access: Relay NH Ihttp://des .nh.gov/organization/commissioner/legal/rulemaking/index.htm 800-735-2964 or dial 711 (in NH) 
RULEMAKING REGISTER 
Fax (603) 271-7871 

NEW HAMPSHIRE 

RULEMAKING REGISTER 

OFFICE OF LEGISLATIVE SERVICES 

ROOM 219, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301-6312 

Tel. (603) 271-3680 TDD Access: 

Website: www.gencourt.state.nh.usfrulesfindex.html Relay NH 1-800-735-2964 

VOLUME XXXII, Number 46, November 15, 2012 

TABLE OF CONTENTS 

1. OFFICE OF LEGISLATIVE SERVICES. Paste No. 

List of Notices of Proposed Rules NN 2012-157 through NN 2012-168 -INotices of Proposed Rules 

NOTE: POSSIBLE RULE EXTENSION 

If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not 

adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will 

nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective. 

2. COMMITTEE (JLCAR) 

REGULAR MEETING: Thursday, November 15, 2012 9:00 a.m. 

Rooms 305/307, Legislative Office Building 

CONTINUED MEETING; Thursday, December 6, 2012 9:00 a.m. 

Rooms 305/3 07, Legislative Office Building 

THANKSGIVING HOLIDAYS 

Publication of November 21, 2012 Rulemaking Register 

Thursday, November 22 and Friday, November 23 are state holidays. The Register that week will be 

published on Wednesday, November 21. 

Deadline for November 29, 2012 Rulemaking Register 

The deadline for filing rulemaking notices to be published in the November 29 Register will be the end 

of work day Wednesday, November 21. 
NEW HAMPSHIRE RULEMAKING REGISTER 

Notices of Prouosed Rules 

Notice 

Number Rule Number Agency and Short Title of Rule Page No. 

2012-157 He-W 606.78(a) Department of Health and Human Services 1 

intro and (a)(6) Former Division of Human Services 

Acceptable Verification of the Equity Value of Life 

Insurance for All Categories of Financial and Medical 

Assistance. 

2012-158 Fis 607.02, 608.03, Fish and Game Department 3 

& 1102.01 Miscellaneous Rules: Clarification to Scallop Dredge Ring 

Size, Shellfish Report, and Special Wildlife Permit. 

2012-159 Nur 300 Board of Nursing 5 

Licensing Requirements. 

2012-1 60 Nur 400 Board of Nursing 8 

Continued Status. 

2012-161 Nur 700 Board of Nursing 11 

Nursing Assistants, 

2012-162 Nur 800 Board of Nursing 13 

Certificate of Medication Administration for Licensed Nursing 

Assistants and Medication Administration Education Program. 

2012-163 Env-A 2100 Department of Environmental Services 15 

Air Related Programs 

P articulate Matter and Visible Emissions Standards. 

2012-164 Env-A 2400 Department of Environmental Services 17 

Air Related Programs 

Ferrous and Non-Ferrous Foundries, Smelters, and Investment 

Casting Operations. 

2012-165 Env-A 2700 Department of Environmental Services 19 

Air Related Programs 

Hot Mix Asphalt Plants. 

2012-166 0cc 211.03 Governing Board of Occupational Therapists 21 

Pre-Hearing Disclosure of Witnesses and Exhibits. 

2012-1 67 0cc 302.02 & 302.04 Governing Board of Occupational Therapists 23 

Required Documents. 

2012-168 0cc 501.01 & 502.02 Governing Board of Occupational Therapists 25 

Definition of AOTA and Ethical Standards. 
NEW HAMPSHIRE RULEMAKING REGISTER November 15, 2012 Page 15 

Notice Number 2012-163 Rule Number Env-A 2100 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

RSA Authority: 

Federal Authority: 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

RSA 125-C:4, 1(a) & (e) 

N/A 

Readoption w/amendment X 

Short Title: Particulate Matter and Visible Emissions Standards 

(a) Summary of what the rule says and of any proposed amendments: 

The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those 

stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section 

of this subtitle. The rules are proposed to be readopted because they are scheduled to expire on November 24, 

2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this 

readoption proceeding. Revisions are proposed to increase the clarity of the rules and to add elements 

required by New Hampshire rule drafting requirements. 

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

The rules affect owners and operators of certain stationary sources or devices that emit particulate matter and 

visible emissions and are not specifically regulated by any other chapter, part, or section of this subtitle. 

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

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

rEnv-A 2103 RSA 125-C:6, II 

Contact person for copies and questions including requests to accommodate persons with disabilities: 

Name: Karla McManus Title: Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. Box 95 Fax#: (603) 271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov 

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

http:lldes.nh.gov/organizationlcommissionerllegal/rulemaking/ifldex.htnl 800-735-2964 or dial 711 (in NH) 

Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified: Tuesday, January 15, 2013 by close of business at 4:00 pm. 

WE II4FI DOther format (specify): 

Public hearing scheduled for: 

Date and Time: Friday, January 4, 2013 at 10:00 am, 

Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH 
NEW HAMPSHIRE RULEMAKING REGISTER November 15, 2012 Page 16 

NN 2012-163 Continued 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:174., dated 11/08/12: 

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

There is no difference in cost when comparing the proposed rules to the existing rules. 

Cite the Federal mandate. Identify the Impact on state funds: 

No federal mandate, no impact on state funds. The existing rule is part of the state implementation 

plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of 

the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National 

Ambient Air Quality Standards. 

Cost and benefits of the proposed rule(s): 

To State general or State special funds: 

None. 

To State citizens and political subdivisIons: 

None. 

To independently owned businesses: 

None. 

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

None of the sources affected by these rules is owned by a political subdivision. Accordingly, the proposed 

rules do not violate Part I, Article 28-a of the New Hampshire Constitution because they do not assign any 

new, modified, or expanded programs or responsibilities to political subdivisions of the state in such a way as 

to necessitate local expenditures. 
NEW HAMPSHIRE 

RULEMAKING REGISTER 

- 

OFFICE OF LEG1SLATIVE SERVICES 

ROOM 219, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301 -6312 

Tel. (603) 271-3680 TDD Access: 

Fax (603) 271-7871 Webste: www.gencourLstate.nh.us/rules/index.html Relay NH 1-800-735-2964 

VOLUME XXXIII, Number 5, January 31, 2013 

TABLE OF CONTENTS 

1. OFFICE OF LEGISLATIVE SERVICES Page No. 

List of Notices of Proposed Rules NN 2013-6 through NN 2013-8 -lNotices of Proposed Rules I 

C. Draft Final Proposed Rule Hearing and Public Comment Period for: 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Air Related Programs 

NN 2012-163 - Env-A 2100 Particulate Matter and Visible Emission Standards 8 

Air Related Programs 

NM 2012-164 - Boy-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and 9 

Investment Casting Operations 

d. Executive Order Number 2013-1 10 

An Order establishing the Governor's consensus revenue estimating panel 

to enhance the State's ability to manage its fiscal policies 

NOTE: POSSIBLE RULE EXTENSION 

If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not 

adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will 

[!rthein8s contlnue in effect pursuant to RSA 541-A; 14-a until the proposed rules are adopted and effective, 

2. cQMIUEIjikcAR) 

REGULAR MEETING Friday, February 15,2013 9:00 n.m. 

Rooms 305/307, Legislative Office Building 

CONTINUED MEETING: Friday, March 1, 2013 9:00 a.m. 

Rooms 305/307, Legislative Office Building 
NEW RAMPS F{E RULEMAKING REGISTER 

Notices Pro. osed Rtiies 

Notice 

Number Rule Number Agency and Short Title of Rule Page No, 

20 l36 He-W 628.02 Department of Health and Human Services I 

Former Division of Human Services 

Deprivation Due to Incapacity for the Financial Assistance 

to Needy Families Program. 

2013-7 Box 1.00-200 Boxing and Wrestling Commission 3 

Organizational and Practice and Procedure Rules. 

2013-8 Box 3 00-800 Boxing and Wrestling Commission 5 

Fighting Sport Rules. 

JLCAR MEETING DATES AND RELATED FILING DEADLINES 

JANUARY-JUNE, 2013 

The JLCAR has voted to hold its regularly scheduled meetings for January through June, 2013 on the third Friday 

of the month as listed bclow. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for 

agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 

541-A:12, I and RSA 541-A:19, V. TheJLCARhas also.scheduled continued meetings as listed below on select 

Fridays to address items postponed from the prior regular meetings. 

Regular Meeting Regular Meeting Continued Meeting 

Filing Deadline Date Date 

February 1 February 15 Maroh 1 

March 1 March 15 April 5 

April 5 April 19 May 3 

May3 May17 June 7 

June 7 June 21 June 28 

JLCAR MEETING DATES AND RELATED FILING DEADLINES 

JULY-DECEMBER, 2013 

The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2013 on the 

third Thursdays listed below. The minimum .14-day "deadline" prior to the regular JLCAR. meeting is listed for 

agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 

541-A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed below on select 

Thursdays to address any items postponed from the prior regular meetings. 

Regular Meeting Regular Meeting Continued Meeting 

Filing Deadline Date Date 

July 3 (Wednesdsy) July 18 August 1 

August 1 August 15 September 5 

September 5 September 19 October 3 

October 3 October17 November 7 

November 7 November 21 December 5 

December 5 December 19 None 
NEW RAMPS HIRE RULEMAKING RE CISTER January Pae8 

DRAFT FINAL PROPOSED RULE: 

HEARING AND PUBLIC COMMENT PERIOD 

Notice Number 2012-163 Rule Number - Env-A 2100 

1 Agency Name & Address 2 RSA Authority RSA l25-cjL 

3. Federal Authority: N/A NH Depdrtment of Environmental Services 

29 Hazen Drive 4, Type of Action: 

P.O. Box 95 Adoption 

Concord, NH 03302-0095 Amendment 

Repeal 

Readoption 

Readoption wI amendment X 

Short Title: Particulate Matter and Visible Emissions Standards 

In accordance with RSA 541-A: ii, 1(c), public comment is being solicited on a draft of final proposed 

rules in the rulemaking proceeding for which notice first appeared in the1kin Registeron. November_15. 2012 under Notice Number 1 -1 

A public hearing on the draft final proposed rules has been scheduled for: 

Date and Time: Friday, March 8, 2013, 10:30 AM 

Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH 

The deadline for submission of materials in writing or, if practicable for the agency, in the electronic 

format specified, is: 4:00 PM on Friday, March 8, 2013 

Fax NE-mail []Other format (specify): 

Contact.person for copies of the draft final proposed rules and questions including requests to 

accommodate persons with disabilities; 

Name: Karla McManus Title: ARD Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. BOx 95 Fax #: (603) 271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov 

11 

The draft final prj rules can be viewed in PDF at TTY/TDD Access: Relay NI-I 1- 

liR.p/fdsnh ta'.I( nni tllun& rnnl onei/h'd/rukm na rndes him 800 735-2964 ordial 711 (in NH) 
1 

NEW HAMPSHIRE RULEMAKiNG REGISTER Janua 31, 2013 Page9_ 

DRAFT FINAL PROPOSED RULE: 

REARING AND PUBLIC COMMENT PERIOD 

Notice Number 2012464 Rule Number Env..A 2400 

1. Agency Name & Address: 2. RSA Authority: RSA 1 25-C:4, 1(a) 

NH Department of Environmental Services 3. Federal Authority: N/A 

29 Hazen Thive 4. Type of Action: 

P.O. Box 95 Adoption 

Concord, NH 03302-0095 Amendment 

Repeal 

Readoption - 

Readoption wI amendment X - 

Short Title: Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations 

In accordance with RSA 541-A:11, 1(c), public comment is being solicited on a draftof final proposed 

rules in the rulemaking proceeding for which notice first appeared.in the Rulemaking Register on 

November 15. 2012 under NOtice Number 2012-1. 

A public hearing on the draft final proposed rules has been scheduled for: 

Date and Time: Friday, March 8, 2013, 10:30 AM 

Place; Room 112, DES Offices, 29 Hazen Drive, Concord Nil 

The deadline for submission of materials in writing or, if practicable for the agency, in the electronic 

format specified, is: 4:00 PM on Friday, March 8, 2013 

1Fax E-niai1 DOther format (specify): 

Contact person for copies of the draft final proposed rules and questions including requests to 

accommodate persons with disabilities: 

Name: ICarla MeManus Title: ARD Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. Box 95 Fax #: (603) 271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov 

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

lt t rer/pI/ru kinpJinc1pxjm 800-735-2964 or dial 711 (in NH) 
ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
NOV 08 2012 

RULEMAKING NOTICE 

f/c 

'V 

Notice Number 2012-163 Rule Number Env-A 2100 

RSA Authority: RSA 125-C:4, 1(a) & (e) 

Federal Authority: N/A 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/arnendment x 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NIT 03302-0095 

Short Title: Particulate Matter and Visible Emissions Standards 

(a) Summary of what the rule says and of any proposed amendments: 

The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those 

stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section 

of this subtitle. The rules are proposed to be readopted because they are scheduled to expire on November 24, 

2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this 

readoption procéding. Revisions are proposed to increase the clarity of the rules and to add elements 

required by New Hampshire rule drafting requirements. 

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

The rules affect owners and operators of certain stationary sources or devices that emit particulate matter and 

'visible emissions and are not specifically regulated by any other chapter, part, or section of this subtitle. 

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

Contact person for copies and questions including requests to accommodate persons with disabilities: 

Name: Karla McManus Title: Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. Box 95 Fax#: (603) 271-1381 

Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov 

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

http://des.nh.gov/ornanizatiowcommiSsioflerIlegalfrUlemakiflglifldex.htm 800-735-2964 or dial 711 (in NH) 

Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified: Tuesday, January 15, 2013 by close of business at 4:00 pm. 

ZFax ME-mail [JOther format (speCify): 

Publi.c hearing scheduled for: 

Date and Time: Friday, January 4, 2013 at 10:00 am. 

Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH 

4 
DRAFT FiNAL PROPOSAL FILING 
Added text in bold italics DRAFT FP 2012-163 Annotated 01-24-13 

Deleted text shown struck through 

Readopt with amendment Env-A 2100, eff. 11-24-04 (doc. 98215), to read as follows: 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I(a) and (e) 

PART Env-A 2101 PURPOSE AND APPLICABILITY 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are, not specifically regulated pursuant to any 

other chapter, part, or section of this subtitle. 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as specified 

in Env-A 2102.01 and Env-A 2103.01. 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Env-A 2102.03 Emission Standards for Particulate Matter. 

'(a) For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed the emission standards 

specified for "New Devices" as listed in Table 2 102-1, in (c), below. 

(b) For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allow the emission of particulate matter at such source or device to exceed the 

emission standards specified for "Existing Devices" as listed in Table 2102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2102-1, below: 

Table 2102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

0.025 0.36 0.43 

0.05 0.55 0.68 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 

30 40.0 49.31 

40 42.5 51.03 
Added text in bold italics DRAFT FP 2012-163 Annotated 01-22-13 2 

Deleted text shown struck through 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

1,000 77.6 93.11 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable 

particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where: 

"E" means the maximum allowable particulate matter emission rate in pounds per hour 

(lb/hr); and 

"P" means the process weight rate in tons per hour (tons!hr). 

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight 

rate is: 

Up to 30 tonslhr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in 

the formula below: 

E = 5.05 P0 . 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 66.0, and then 

48 shall be subtracted from that result, as shown in the formula below: 

E=66.0P°" -48 

(c) For a stationary source or device installed after February 18, 1972, if the process weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

E = 4.10 P° 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 

40 shall be subtracted from that result, as in the formula below: 

E=55.0P° -40 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 
Added text in bold italics DRAFT FP 2012-163 Annotated 01-22-13 

Deleted text shown struck through 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationary source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period. ; 

except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or 

malfunction. 

Opacity shall be determined in accordance with Env-A 807. 

Env-A 2103.03 Affirmative Defenses. 

(a) An owner or operator against whom a violation of Env-A 2103.02(a) is alleged may raise an 

affirmative defense as specjfied in this section. 

(b) To establish an affirmative defense, the owner or operator of the facility shall: 

Comply with Env-A 911.04 relative to reporting permit deviations; and 

Prove by a preponderance of the evidence that one or more of the circumstances 

identjfied in (c) or (e), below, as applicable, has occurred. 

(c) The circumstances that support an affirmative defense for the violation of a visible emission 

standard during a malfunction shall be as follows: 

(1) The excess emissions were caused by: 

A sudden and not reasonably preventable breakdown of air pollution control 

equipment or process equzment; or 

The failure of a process to operate in the normal or usual manner; 

(2) The excess emissions did not stem from any activity or event that could have been 

plannedfor or reasonably foreseen and avoided; 

(3) The owner or operator made repairs to the malfunctioning equipment or process as 

expeditiously as possible after the malfunction was discovered; 

(4) The amount and duration of the excess emissions, including any bypass, were minimized 

to the extent practicable during periods of such emissions; 

(5) The owner or operator took reasonable steps to minimize the impact of the excess 

emissions on ambient air quality; 

(6) The owner or operator ensured the continued operation of any monitoring system except 

as necessary to correct the malfunction; 

(7) The owner or operator documented all actions taken during the period of excess 

emissions using contemporaneous operating logs or other reliable evidence; 

(8) The excess emissions were not part of a recurring pattern indicative of inadequate 

design, operation, or maintenance; and 

(9) Subject to (d), below, the air pollution control equipment or process equipment was 

maintained and operated in a manner consistent with good practice for minimizing emissions 

to the maximum extent practicable. 
Added text in bold italics DRAFT FP 2012-163 Annotated 01-22-13 4 

Deleted text shown struck through 

The provision in (c)(9), above, shall not be construed to automatically require the shutdown of 

process equipment to minimize emissions. 

The circumstances that support an affirmative defrnse for the violation of a visible emission 

standard during startup or shutdown, shall be as follows: 

The period of excess emissions that occurred during each startup or shutdown was short 

and infrequent and could not have been prevented through reasonable planning and design; 

The excess emissions were not part of a recurring pattern indicative of inadequate 

operation or maintenance; 

If the excess emissions were caused by a bypass, the bypass was unavoidable to prevent 

loss of l[e, personal injury, or severe property damage; 

The frequency and duration of operation in startup and shutdown modes were 

minimized to the extent practicable; 

The owner or operator took reasonable steps to minimize the impact of excess emissions 

on ambient air quality; 

The owner or operator ensured the continued operation of any monitoring system except 

as necessary to correct the malfunction; 

The owner or operator documented all actions taken during the period of excess 

emissions using contemporaneous operating logs or other reliable evidence; and 

Subject to (f), below, the facility was operated in a manner consistent with good practice 

for minimizing emissions during startup or shutdown. 

60 The provision in (e)(8) shall not be construed to: 

Require the use or installation of additional or redundant pollution control equzment 

not otherwise required; or 

To automatically require the shutdown ofprocess equipment to minimize emissions. 

(g) The affirmative defense provisions of this section shall not be available for: 

Claims for injunctive reliefi or 

Failure to meet federally promulgated visible emission standards specified in 40 CFR 60 

and 40 CFR 63. 

(h) In considering an affirmative defense raised by an owner or operator, the department shall 

review the information provided pursuant to Env-A 911.04 and any other information the department 

deems material and relevant, which may include, but is not limited to, a physical inspection ofthefacility 

and review of documentation pertaining to the maintenance and operation of emission units and air 

pollution control equipment. 

(z) This section shall not be construed as limiting the authority of EPA or citizens under the Act. 
• Added text in bold italics DRAFT FP'2012-163 Annotated 01-22-13 

Deleted text shown struck through 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 
FINAL PROPOSAL FILING 
STATE OF NEW HAMPSHIRE 

DATE March 28,2013 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Final Proposal #2012-163 

TO Office of Legislative Services 

Division of Administrative Rules 

In accordance with RSA 541-A: 12, enclosed please find the Final Proposal Cover Sheet with 

attachments, including the corresponding rules, for the following: 

Env-A 2100: Particulate Matter and Visible Emissions Standards 

If you have any questions, please contact Gretchen Hamel at 271-3137. 

Enclosures 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

ec: Karla McManus, ARD Planning and Rules Manager 
COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2012-163 Rule Number Env-A 2100 

RSA Authority: RSA 125-C:4, 1(a) & (e) 

Federal Authority: n/a 

Type of Action: 

LI Adoption 

LI Amendment 

LII Repeal 

LI Readoption 

Readoption w/amendment 

1. Agency Name & Adress: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Short Title: Particulate Matter and Visible Emissions Standards 

Contact person for copies and questions: 

Name: Karla McManus Title: Planning and Rules Manager 

Address: NH Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazen Drive; P.O. Box 95 

Concord, NH 03302-0095 

Yes Li No E Agency requests Committee legal counsel review and delayed Committee review pursuant to 

RSA 541-A:12, I-a 

The rulemaking notice appeared in the Rulemaking Register on November 15, 2012. 

Yes LI N/A M Agency notified policy committees, or House Speaker and Senate President, pursuant to 

RSA 541-A:10, I, because this is the first time this rule or its amendments have been proposed to implement 

newly-enacted state authority. 

SEE THE ThSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET 

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541 -A:3-a, II as an 

appendix. 

Yes LI N/A Z Incorporation by Reference Statement(s) because this rule incorporates a document or 

Internet content by reference for which an Incorporation by Reference Statement is 

required pursuant to RSA 541-A:12, III. 

Yes E N/A LI The "Final Proposal-Annotated Text" indicating how the proposed rule was changed 

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A:12, 

11(e). 

Yes Li N/A M The amended fiscal impact statement because the change to the text of the Initial 

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, VI. 
#10 FP2012-163 Fixed Text 03-27-13 

Readopt with amendment Env-A 2100, eff 11-24-04 (doc. 48215), to read as follows: 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I(a) and (e) 

PART Env-A 2101 PURPOSE AND APPLICABILITY 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any 

other chapter, part, or section of this subtitle. 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as specified 

in Env-A 2102.01 and Env-A 2103.01. 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Env-A 2102.03 Emission Standards for Particulate Matter. 

For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed the emission standards 

specified for "New Devices" as listed in Table 2 102-1, in (c), below. 

For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allow the emission of particulate matter at such source or device to exceed the 

emission standards specified for "Existing Devices" as listed in Table 2 102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2102-1, below: 

Table 2102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

0.025 0.36 0.43 

0.05 0.55 0.68 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 

30 40.0 49.31 

40 42.5 51.03 
FP2012-163 Fixed Text 03-27-13 2 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

1,000 77.6 93.11 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable 

particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where: 

"E" means the maximum allowable particulate matter emission rate in pounds per hour 

(lblhr); and 

"P" means the process weight rate in tons per hour (tons/hr). 

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight 

rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in 

the formula below: 

E = 5.05 P0 . 67 

In excess of 30 tonslhr, P shall be raised to the 0.11 power and multiplied by 66.0, and then 

48 shall be subtracted from that result, as shown in the formula below: 

E=66.0P° 11-48 

(c) For a stationary source or device installed after February 18, 1972, if the process weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

E = 4.10 P0 . 67 

In excess of 30 tonslhr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 

40 shall be subtracted from that result, as in the formula below: 

E=55.0P0 " ..40 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 
FP2012-163 Fixed Text 03-27-13 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationary source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period. 

Opacity shall be determined in accordance with Env-A 807. 

Env-A 2103.03 Affirmative Defense to Penalty Action. 

(a) An owner or operator against whom a malfunction-based violation of Env-A 2103.02(a) is 

alleged in a penalty action may raise an affirmative defense to the penalty as specified in this section. 

(b) To establish the affirmative defense specified in (a), above, the owner or operator of the facility 

shall: 

Comply with Env-A 911.04 relative to reporting permit deviations; and 

Prove by a preponderance of the evidence that all of the circumstances identified in (c), 

below, have occurred. 

(c) The circumstances that support an affirmative defense for the violation of a visible emission 

standard during a malfunction shall be as follows: 

(1) The excess emissions were caused by: 

A sudden and not reasonably preventable breakdown of air pollution control equipment 

or process equipment; or 

The failure of a process to operate in the normal or usual manner; 

(2) The excess emissions did not stem from any activity or event that could have been planned 

for or reasonably foreseen and could not have been avoided by better operation and maintenance 

practices; 

(3) Subject to (d), below, the air pollution control equipment or process equipment was 

maintained and operated in a manner consistent with good practice for minimizing emissions to 

the maximum extent practicable; 

(4) The excess emissions were not part of a recurring pattern indicative of inadequate design, 

operation, or maintenance; 

(5) The owner or operator made repairs to the malfunctioning equipment or process as 

expeditiously as possible after the malfunction was discovered; 

(6) The amount and duration of the excess emissions, including any bypass, were minimized to 

the maximum extent practicable during periods of such emissions; 

(7) The owner or operator took all reasonable steps to minimize the impact of the excess 

emissions on ambient air quality; 

(8) The owner or operator ensured the continued operation of any monitoring system except as 

necessary to correct the malfunction; and 

(9) The owner or operator documented all actions taken during the period of excess emissions 

using contemporaneous operating logs or other reliable evidence. 
FP2012-163 FixedText 03-27-13 4 

(d) The requirement in (c)(3), above, shall not be construed to automatically require the shutdown 

of process equipment to minimize emissions. 

(e) The affirmative defense provisions of this section shall not be available for: 

Claims for injunctive relief; or 

Failure to meet federally promulgated visible emission standards specified in 40 CFR 60 

and 40 CFR 63. 

(f) In considering an affirmative defense raised by an owner or operator, the department shall 

review the information provided pursuant to Env-A 911.04 and any other information the department 

deems material and relevant, which may include, but is not limited to, a physical inspection of the facility 

and review of documentation pertaining to the maintenance and operation of emission units and air 

pollution control equipment. 

(g) This section shall not be construed as limiting the authority of EPA or citizens under the Act. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 
Added text in bold italics #12 FP 20 12-163 Annotated 03-27-13 

Deleted text shown Gtruck through 

Readopt with amendment Env-A 2100, eff 11-24-04 (doc. #8215), to read as follows: 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I(a) and (e) 

PART Env-A 2101 PURPOSE AND APPLICABILITY 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any 

other chapter, part, or section of this subtitle. 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as specified 

in Env-A 2102.01 and Env-A 2103.01. 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Env-A 2102.03 Emission Standards for Particulate Matter. 

For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed the emission standards 

specified for "New Devices" as listed in Table 2 102-1, in (c), below. 

For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allow the emission of particulate matter at such source or device to exceed the 

emission standards specified for "Existing Devices" as listed in Table 2 102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2102-1, below: 

Table 2102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per how) 

Emission Standard for New Devices" 

pounds per hotii) 

Emission Standard for 'Existing Devices" 1 

(pounds per how) 

0.025 0.36 0.43 

0.05 0.55 0.68 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 

30 40.0 49.31 

40 42.5 51.03 
Added text in bold italics FP2012-163 Annotated 03-27-13 2 

Deleted text shown struck through 

Piocess Weight Rate 

(tons per hout) 

Emission Standard for Ne\\ Deices 

(pounds per how) 

Emission Stndrd foi E\Isting De\ ices 

 (pounds per houi 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

1,000 77.6 93.11 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable 

particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where: 

"E" means the maximum allowable particulate matter emission rate in pounds per hour 

(lb/hr); and 

"P" means the process weight rate in tons per hour (tons/hr). 

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight 

rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in 

the formula below: 

E = 5.05 P° 67 

In excess of 30 tonslhr, P shall be raised to the 0.11 power and multiplied by 66.0, and then 

48 shall be subtracted from that result, as shown in the formula below: 

E=66.0P° -48 

(c) For a stationary source or device installed after February 18, 1972, if the process weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

E = 4.10 P° 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 

40 shall be subtracted from that result, as in the formula below: 

E=55.0P0-40 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 
Added text in bold italics PP 2012-163 Annotated 03-27-13 

Deleted text shown struck through 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationaxy source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period. 

except for one period of 6 continuous minutes in any 60 minute period during startup, shutdown, or 

malfunction. 

Opacity shall be determined in accordance with Env-A 807. 

Env-A 2103.03 Affirmative Defense to Penalty Action. 

(a) An owner or operator against whom a malfunction-based violation of Env-A 2103.02 (a) is 

alleged in a penalty action may raise an affirmative defense to the penalty as specWed in this section. 

(b) To establish the affirmative defrnse specified in (a), above, the owner or operator of the 

facility shall: 

Comply with Env-A 911.04 relative to reporting permit deviations; and 

Prove by a preponderance of the evidence that all of the circumstances ident?fied in (c), 

below, have occurred. 

(c) The circumstances that support an affirmative defense for the violation of a visible emission 

standard during a malfunction shall be as follows: 

(1) The excess emissions were caused by: 

A sudden and not reasonably preventable breakdown of air pollution control 

equipment or process equipment; or 

The failure of a process to operate in the normal or usual manner; 

(2) The excess emissions did not stem from any activity or event that cOuld have been 

plannedfor or reasonably foreseen and could not have been avoided by better operation and 

maintenance practices; 

(3) Subject to (d), below, the air pollution control equipment or process equipment was 

maintained and operated in a manner consistent with good practice for minimizing emissions 

to the maximum extent practicable; 

(4) The excess emissions were not part of a recurring pattern indicative of inadequate 

design, operation, or maintenance; 

(5) The owner or operator made repairs to the malfunctioning equipment or process as 

expeditiously as possible afier the malfunction was discovered; 

(6) The amount and duration of the excess emissions, including any bypass, were minimized 

to the maximum extent practicable during periods of such emissions; 

(7) The owner or operator took all reasonable steps to minimize the impact of the excess 

emissions on ambient air quality; 

(8) The owner or operator ensured the continued operation of any monitoring system except 

as necessary to correct the malfunction; and 

(9) The owner or operator documented all actions taken during the period of excess 

emissions using contemporaneous operating logs or other reliable evidence.. 
Added text in bold italics FP 20 12-163 Annotated 03-27-13 4 

Deleted text shown struck through 

The requirement in (c)(3), above, shall not be construed to automatically require the 

shutdown ofprocess equipment to minimize emissions. 

The affirmative deftnse provisions of this section shall not be available for: 

Claims for injunctive reliefi or 

Failure to meet ftderally promulgated visible emission standards specfled in 40 CFR 60 

and 40 CFR 63. 

C) In considering an affirmative defense raised by an owner or operator, the department shall 

review the information provided pursuant to Env-A 911.04 and any other information the department 

deems material and relevant, which may include, but is not limited to, a physical inspection of the facility 

and review of documentation pertaining to the maintenance and operation of emission units and air 

pollution control equipment. 

(g) This section shall not be construed as limiting the authority of EPA or citizens under the Act. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 
ANNOTATIONS TO THE FINAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
41 

COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2012-163 Rule Number Env-A 2100 

1. Agency Name & Address: 2. RSA Authority: RSA 125-C:4, 1(a) & (e) 

3. Federal Authority: n/a 

NH Department of Environmental Services 4. Type of Action: 

29 Hazen Drive Adoption 

P.O. Box 95 El Amendment 

Concord, NH 03302-0095 Repeal 

q Li Readoption 

tf Readoption w/aniendment 

5. Short Title: Particulate Matter and Visible Emissions Standards 

€. Contact person for copies and questions: 

Name: Kane McManus, Title: Planning and Rules Manager 

Address; NI-I Dept. of Environmental Services Phone #: (603) 271-6854 

29 Hazeri Drive; P.O. Box 95 

Concord, NH 03302-0095 

Yes El No Z Agency requests Committee legal counsel review and delayed Committee review pursuant to 

RSA 541-A:12, I-a 

The rulemaking notice appeared in the Rulemaking Register on November 15, 2012, 

9, Yes Li N/A Z Agency notified policy committees, or House Speaker and Senate President, pursuant to 

RSA 541-A:10, I, because this is the first time this rule or its amendments have been proposed to implement 

newly-enacted state authority. 

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET 

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

Yes 0 N/A Z Incorporation by Reference Statement(s) because this rule incorporates a document or 

Internet content by reference for which an Incorporation by Reference Statement is 

required pursuant to RSA 541 -A:12, I.H. 

Yes E N/A El The "Final Proposal-Annotated Text" indicating how the proposed rule was changed 

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A; 12, 

11(e). 

Yes EJ N/A ED The amended fiscal impact statement because the change to the text of the Initial. 

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, VI. 
RULEMAKING NOTICE - Page 2 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS 12:174 . dated 11108/12: 

ComparIson of the costs of the proposed rule(s) to the existing rule(s); 

There is no difference in cost when comparing the proposed rules to the existing rules. 

Cite the Federal mandate. Identify the Impact on stale funds: 

No federal mandate, no impact on state funds. The existing rule is part of the state implementation 

plan which has been approved by the US Environmental Protection Agency pursuant to SectIon 110 of 

the Clean Air Act (42 U.S.C. § 7410) and is reuked by the Federal Clean Air Act to meet the National 

Ambient Air Quality Standards, 

Cost and benelits of •the proposed rule(s): 

To State general or State special lunds: 

None. 

To State citizens and political subdivisions: 

None. 

To independently owned busInesses: 

None. 

1i Statement Relative to Part I, Article 28-a of the N.H. Constitution: 

None of the sources affected by these rules is owned by a political subdivision. Accordingly, the proposed 

rules do not violate Part!. Article 28-a of the New Hampshire Constitution because they do not assign any 

new, modified, or expanded programs or responsibilities to political subdivisions of the state in such a way as 

to necessitate local expenditures. 
FP2012-163 FixedText 03-27-13 4 

The requirement in (c)(3), above, shall not be construed to automatically require the shutdown 

of process equipment to minimize emissions. 

The affirmative defense provisions of this section shall not be available for: 

(I) Claims for injunctive relief; or 

(2) Failure to meet federally promulgated visible emission standards specified in 40 CFR 60 

and 40 CFR 63. 

(I) In considering an affirmative defense raised by an owner or operator, the department shall 

review the information provided pursuant to Eriv-A 911.04 and any other information the department 

deems material and relevant, which may include, but is not limited to, a physical inspection of the facility 

and review of documentation pertaj.i 'g to the maintenance and operation of emission units and air 

pollution control equipment. ./' 

(g) This section1i1t not be construed as limiting the authority of EPA or citizens under the Act. 

Edit. Replace with "including, but not limited 

to", to avoid use of "may." 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6,II 

Env-A 2102 RSA 125-C:6, LI 

Env-A 2103 RSA 125-C: 6, U 

- 
APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON 

ADMINISTRATIVE RULES 
STATE OF NEW HAMPSHIRE 

JILL K. SIEVEKING 

DIRECTOR 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

April 19, 2013 

NOTICE NO. 20 12-163 

RULE# Env-A 2100 

RELATIVE TO: Particulate Matter and Visible Emissions Standards 

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the 

above cited rule at its meeting on APRIL 19, 2013 

The Committee voted to approve the proposal. You may proceed to adopt the rules in the proposal 

and file them with the Office of Legislative Services, Administrative Rules. If the effective life of any 

existing, regular rules in your proposal was extended during the rulemaking proceeding pursuant to RSA 

541-A: 14-a, then all the rules in the proposal must be adopted within 30 days of Committee approval. The 

rules also must be filed with an effective date not more than 60 days from the date of filing. See Section 1.11 

of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules (Manual). 

When filing the final rules, you are also required to file a cover letter indicating the date of final 

adoption and certifying the final rules are a true copy. See Section 2.21 of Chapter 3 in the Manual. The 

rules will become effective either at (1) 12:01 a.m. on the day after the filing, (2) 12:01 a.m. on the date 

specified in the cover letter to me when the rule is filed, or (3) such other date and time as specified in the 

cover letter, provided that the filing occurs before such effective date and time. Please send two (2) copies of 

the adopted rules. 

Sincerely yours, 

Jill K. Sieveking, Director 

Office of Legislative Services 

TDD Access: Relay NH 1-800-735-2964 

DIRECTOR (603) 271-3432 RESEARCH (603) 271-3326 

LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680 

4 
ADOPTED RULE 
@rHDES

The State of New Hampshire 

Department of Environmental Services 

 Thomas S. Burack, Commissioner 

CEiATING Celebrating 25 Years of Protecting 

New Hampshire s Environment 

April 22, 2013 

Jill K. Sieveking, Director 

do OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP 92012-163 

Dear Director Sieveking: 

Please be advised that I, as Commissioner of the Department of Environmental Services, 

have adopted the following rules: 

Env-A 2100: Particulate Matter and Visible Emissions Standards 

The Joint Legislative Committee on Administrative Rules approved these rules at its 

meeting on April 19, 2013. 

A copy of the adopted rules is being filed electronically, concurrent with the e-fihing of this 

adoption letter. The original, signed adoption letter is being sent separately by messenger mail 

for your records. 

I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby 

certify that the enclosed are true copies of the rules I have adopted. 

Sincerely, 

Thomas S. Burack 

Commissioner 

Enclosure 

cc: Gretchen Flamel, DES Legal Unit 

Public Information and Permitting Office 

cc: K. Allen Brooks, Chiet AGO-Environmental Protection Bureau 

Karla McManus, DES ARD Planning and Rules Manager 

www.des.nh.gov 

29 Hazen Drive • P0 Box 95 • Concord, NH 033020095 

(603) 271-3503 • TDD Access: Relay NH 1-800-735-2964 
20 12-163 Adopted to be effective 04-23-13 

As of April 23, 2013, Env-A 2100 reads as follows: 

CHAPTER Env-A 2100 PARTICULATE MATTER AND VISIBLE EMISSIONS STANDARDS 

Statutory Authority: RSA 125-C:4:I(a) and (e) 

PART Env-A 2101 PURPOSE AND APPLICABILITY 

Env-A 2101.01 Purpose. The purpose of this chapter is to establish standards for particulate matter and 

visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any 

other chapter, part, or section of this subtitle. 

Env-A 2101.02 Applicability. The rules in this chapter shall apply within New Hampshire as specified 

in Env-A 2102.01 and Env-A 2103.01. 

PART Env-A 2102 EMISSION STANDARDS FOR PARTICULATE MATTER 

Env-A 2102.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

particulate matter emissions discharged to the ambient air through a stack or through an exhaust and 

ventilation system. 

Those sources of particulate matter emissions that are governed specifically by other chapters, 

parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 

Env-A 2102.02 Definitions. "Exhaust and ventilation system" means any system that removes and 

transports particulate matter from the point of generation to the ambient air. 

Env-A 2102.03 Emission Standards for Particulate Matter. 

For any stationary source or device installed after February 18, 1972, the owner or operator shall 

not cause or allow the emission of particulate matter at such source or device to exceed the emission standards 

specified for "New Devices" as listed in Table 2 102-1, in (c), below. 

For any stationary source or device installed prior to or on February 18, 1972, the owner or 

operator shall not cause or allowthe emission of particulate matter at such source or device to exceed the 

emission standards specified for "Existing Devices" as listed in Table 2 102-1, in (c), below. 

Particulate matter emission standards shall be as set forth in Table 2102-1, below: 

Table 2102-1 Particulate Matter Emission Standards 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

0.025 0.36 0.43 

0.05 0.55 0.68 

0.25 1.53 1.99 

0.5 2.58 3.17 

2.5 7.58 9.35 

5 12.0 14.85 

10 19.2 23.62 

30 40.0 49.31 

40 42.5 51.03 
2012-163 Adopted to be effective 04-23-13 2 

Process Weight Rate 

(tons per hour) 

Emission Standard for "New Devices" 

(pounds per hour) 

Emission Standard for "Existing Devices" 

(pounds per hour) 

60 46.3 55.55 

90 49.0 58.88 

100 51.2 61.53 

500 69.0 82.75 

1,000 77.6 93.11 

Env-A 2102.04 Calculation of Particulate Matter Emission Standards. 

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable 

particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where: 

"E" means the maximum allowable particulate matter emission rate in pounds per hour 

(lb/hr); and 

"P" means the process weight rate in tons per hour (tons/hr). 

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight 

rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in 

the formula below: 

E = 5.05 P° 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 66.0, and then 

48 shall be subtracted from that result, as shown in the formula below: 

E=66.0P011-48 

(c) For a stationary source or device installed after February 18, 1972, if the process weight rate is: 

Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the 

formula below: 

E. = 4.10 P° 67 

In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 

40 shall be subtracted from that result, as in the formula below: 

E=55.0P01 ' 40 

PART Env-A 2103 VISIBLE EMISSION STANDARDS 

Env-A 2103.01 Applicability. 

Subject to (b), below, this part shall apply to any stationary source or device that is a source of 

visible emissions. 

Those sources of visible emissions that are governed specifically by other chapters, parts, or 

sections of this subtitle shall be controlled by those particular chapters, parts, or sections. 
2012-163 Adopted to be effective 04-23-13 

Env-A 2103.02 Visible Emission Standards. 

The owner or operator shall not cause or allow visible emissions from any stationary source or 

device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period. 

Opacity shall be determined in accordance with Env-A 807. 

Env-A 2103.03 Affirmative Defense to Penalty Action. 

(a) An owner or operator against whom a malfunction-based violation of Env-A 2103.02(a) is 

alleged in a penalty action may raise an affirmative defense to the penalty as specified in this section. 

(b) To establish the affirmative defense specified in (a), above, the owner or operator of the facility 

shall: 

Comply with Env-A 911.04 relative to reporting permit deviations; and 

Prove by a preponderance of the evidence that all of the circumstances identified in (c), 

below, have occurred. 

(c) The circumstances that support an affirmative defense for the violation of a visible emission 

standard during a malfunction shall be as follows: 

(1) The excess emissions were caused by: 

A sudden and not reasonably preventable breakdown of air pollution control equipment 

or process equipment; or 

The failure of a process to operate in the normal or usual manner; 

(2) The excess emissions did not stem from any activity or event that could have been planned 

for or reasonably foreseen and could not have been avoided by better operation and maintenance 

practices; 

(3) Subject to (d), below, the air pollution control equipment or process equipment was 

maintained and operated in a manner consistent with good practice for minimizing emissions to 

the maximum extent practicable; 

(4) The excess emissions were not part of a recurring pattern indicative of inadequate design, 

operation, or maintenance; 

(5) The owner or operator made repairs to the malfunctioning equipment or process as 

expeditiously as possible after the malfunction was discovered; 

(6) The amount and duration of the excess emissions, including any bypass, were minimized to 

the maximum extent practicable during periods of such emissions; 

(7) The owner or operator took all reasonable steps to minimize the impact of the excess 

emissions on ambient air quality; 

(8) The owner or operator ensured the continued operation of any monitoring system except as 

necessary to correct the malfunction; and 

(9) The owner or operator documented all actions taken during the period of excess emissions 

using contemporaneous operating logs or other reliable evidence. 
2012-163 Adopted to be effective 04-23-13 4 

The requirement in (c)(3), above, shall not be construed to automatically require the shutdown 

of process equipment to minimize emissions. 

The affirmative defense provisions of this section shall not be available for: 

Claims for injunctive relief; or 

Failure to meet federally promulgated visible emission standards specified in 40 CFR 60 

and 40 CFR 63. 

(1) In considering an affirmative defense raised by an owner or operator, the department shall 

review the information provided pursuant to Env-A 911.04 and any other information the department 

deems material and relevant, which may include, but is not limited to, a physical inspection of the facility 

and review of documentation pertaining to the maintenance and operation of emission units and air 

pollution control equipment. 

(g) This section shall not be construed as limiting the authority of EPA or citizens under the Act. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2101 RSA 125-C:6, II 

Env-A 2102 RSA 125-C:6, II 

Env-A 2103 RSA 125-C:6, II 
EVIDENCE OF PUBLIC• NOTICE 

40 CFR Part 51, Appendix V, 2.1(f) 
Public Notices Page 1 of 1 

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTA 

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION 

CONCORD, NH NOTICE OF PUBLIC HEARING for DRAFT FINAL PROPOSALS In accordance with RSA 541-A:6 

and N.H. Admin. Rule Env-A 204.01(b) and 40 CFR 51.102, notice is hereby given that the New Hampshire 

Department of Environmental Services, Air Resources Division (the Department), will hold an additional 

public hearing on proposed amendments to the NH Code of Administrative Rules and the State 

Implementation Plan on Friday, March 8, 2013. The public hearing will be held in Room 112, first floor of the 

offices of the Department, 29 Hazen Drive, Concord, NH. At 10:30 am. on Friday, March 8, 2013, the 

Department will receive testimony from the public concerning the draft final proposed readoption with 

amendments of two rules, Env-A 2100-Particulate Matter and Visible Emissions Standards, and Env-A 2400 - 

Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations. The existing rules, Env-A 

2100, establish standards for particulate matter and visible emissions for those stationary sources or devices 

that are not specifically regulated pursuant to any other chapter, part, or section of this subtitle. The existing 

rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and 

non-ferrous foundries, smelters, and investment casting operations. On Friday, January 4, 2013, the 

department held a public hearing on these two rules. As a result of the comments received and resulting 

substantial change made to the rules, the Department has decided to hold a public hearing on the draft final 

proposal of Env-A 2100 and Env-A 2400. The draft final proposal of both of these rules contains revisions to 

the initial proposal; specifically, Env-A 2103.03 and Env-A 2405.01 substitute an Affirmative Defense section 

in lieu of the exception for opacity exceedances during startup, shutdown or malfunction. Testimony may be 

presented orally and/or in writing at the public hearing. The Department will receive written comments on 

the draft final proposed rules until 4:00 p.m. on Friday, March 8, 2013. Please submit written comments to 

Karla McManus, Planning and Rules Manager, Air Resources Division, NH Department of Environmental 

Services, P.O. Box 95, Concord, NH 03302-0095, Fax (603) 271-7053 or e-mail at 

Karla.McManus@des.nh.gov . Copies of all documentation pertaining to rulemakings for all air rules are 

available for inspection at the offices of the Department at the address stated above. The draft final proposed 

rules are also posted at http ://des. nh.gov/oraanization/commission er/legal/rulemaking/index.htm. 

Questions regarding the proposed rulemakings should be directed to Karla McManus at (603) 271-6854. 

Thomas S. Burack Commissioner NH Department of Environmental Services Dated: February 8, 2013 

Appeared in: The Union Leader on Friday, 02/08/ 2013 

Back 

http://n.mypublicnotices.com/PublicNotice.asp?PagePublicNoticePrint&AdID3 059619 2/8/2013 
i-V ZLOTZJI?O 

UNION LEADER CORPORATION 

P0 BOX 9513 

MANCHESTER, NH 03108 

0000059625 

STATE OF NH-AIR RESOURCES COMM 

VALERIE DAVID 

P0 BOX 95 

CONCORD NH 03302-0095 

I hereby certify that the legal notice: (0000424280) PUB HEARING 3/8 10:30AM 

was published in the New Hampshire Union Leader 

printed at Manchester, NH by the Union Leader Corp. 

On: 

02/08/2013. 

Stat of N w Hampshire 

Hillsborough County 

Subscribed and sworn to before me this 

day of J/ 7Oi 

Notary Public 

G 

•: coMMssO \ 

XPRE. 

%MAR 02$' 

/1111111110 
STATE OF NEW HAMPSHIRE 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

AIR RESOURCES DIVISION 

CONCORD, NH 

NOTICE OF PUBLIC HEARING 

In accordance with RSA 541-A:6 and N.H. Admin. Rule Env-A204.01(b) and 40 CFR § 

51.102, notice is hereby given that the New Hampshire Department of Environmental Services, 

Air Resources Division (the Department), will hold a public hearing on proposed amendments to 

the NH Code of Administrative Rules and the State Implementation Plan on Friday, January 4, 

2013. The public hearing will be held in Room 112, first floor of the offices of the Department, 

29 Hazen Drive, Concord, NH. 

At 10:00 a.m. on Friday, January 4, 2013,the Department will receive testimony from 

the public concerning the proposed readoption with amendments of three rules, Env-A 2 100-

Particulate Matter and Visible Emissions Standards; Env-A 2400 - Ferrous and NonFerrous Foundries, Smelters, and Investment Casting Operations; Env-A 2700 - Hot Mix 

Asphalt Plants. 

The existing rules, Env-A 2100, establish standards for particulate matter and visible 

emissions for those stationary sourcçs or devices that are not specifically regu1atd pursuant to 

any other chapter, part, or section of this subtitle. The existing rules, Env-A 2400, establish 

emission standards for particulate matter and visible emissions from ferrous and non-ferrous 

foundries, smelters, and investment casting operations. There are seven foundries in New 

Hampshire, the emissions from which could be harmful or irritating to the public if not 

controlled by this chapter. The existing rules, Env-A 2700, establish standards for regulating 

visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt 

plants. All three of these rules are proposed to be readopted because they are scheduled to expire 

on November 24, 2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in 

effect for the duration of this readoption proceeding. Revisions are proposed to increase the 

clarity of the rules. 

Testimony may be presented orally and/or in writing at the public hearing. The 

Department will receive written comments on the proposed rules until 4:00 p.m. on Tuesday, 

January 15, 2013. Please submit written comments to Karla McManus, Planning and Rules 

Manager, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, 

Concord, NH 03302-0095, Fax (603) 271-7053 or e-mail at Karla.McManus(des.nh.gov . 

Copies of all documentation pertaining to rulemakings for all air rules are available for 

inspection at the offices of the Department at the address stated above. The proposed rule is also 

posted at http ://des.nh.gov/organizationlcommissioner/legal/rulemaking/ifldex.htm . Questions 

regarding the proposed rulemakings should be directed to Karla McManus at (603) 271-6854. 

Thomas S. Burack 
Commissioner 

NH Department of Environmental Services 

Dated: November 16, 2012 
UNION LEADER CORPORATION 

P0 BOX 9513 

MANCHESTER, NH 03108 

RECEIVED 

NEW HAMPSHIRE 

DEC 03 2012 

AIR RESOURCES OIVISON 

0000059625 

STATE OF NH AIR RESOURCES COMM 

VALERIE DAVID 

P0 BOX 95 

CONCORD NH 03302-0095 

I hereby certify that the legal notice: (0000325410) PUB. HEARING- 1/4/13 10AM 

was published in the New Hampshire Union Leader 

printed at Manchester, NH by the Union Leader Corp. 

On: 

11/21/2012. 

State of New Hampshire 

Hilisborough County 

Subscribed and sworn to before me this 

day of ___________ 

Notary Public 
CERTIFICATION OF PUBLIC HEARING 

40 CFR Part 51, Appendix V, 2.1(g) 
The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

NHDES 

Thomas S. Burack, Commissioner 

July 16, 2013 

I hereby certify that: 

In accordance with N.H. Admin. Rule Env-A 204.01(b) and 40 CFR § 51.102, 

public notice was given that the New Hampshire Department of Environmental Services, 

Air Resources Division (DES), intended to submit for the approval of the U.S. 

Environmental Protection Agency (EPA) revisions to the New Hampshire State 

Implementation Plan (SIP) which readopted and amended Env-A 2100: Particulate 

Matter and Visible Emissions Standards. 

A public hearing on the Rules and the SIP revision was held on January 4, 2013 at 

10:00 a.m., at DES, Rooms 112, 29 Hazen Drive, Concord, NH. Opportunity was 

provided to receive oral comments during the hearing and written comments at any time 

up to 4:00 p.m. on Tuesday, January 15, 2013, for consideration by the DES in making 

a final decision. No members of the public attended the hearing, so it was determined 

that it was not necessary to present the proposed rule and record the hearing. The hearing 

was closed at 10:12 a.m. 

A copy of the SIP revision was available for public inspection at the DES offices 

at 29 Hazen Drive, Concord, NH during regular working hours from 8:00 a.m. to 4:00 

p.m., Monday through Friday, throughout the comment period. The SIP revision was 

also available for downloading from the DES website at: 

http ://des.nh.gov/organizationlcommissioner/legal/rulemaking/index.htm. 

The notice was published in the Union Leader, a newspaper of general, statewide 

circulation, on Wednesday, November 21, 2012, more than thirty days prior to the date of 

the hearing. 

As a result of the number of comments received and resulting changes made to 

the rule, the DES decided to hold a public hearing on the draft final proposal of Env-A 

2100 and the SIP revision. It was held on March 8, 2013 at 10:30 a.m., at DES, Room 

112, 29 Hazen Drive, Concord, NH. 

Opportunity was provided to receive oral comments during the hearing and 

written comments at any time up to 4:00 p.m. on Friday, March 8, 2013, for 

consideration by the DES in making a final decision. No members of the public attended 

the hearing, so it was determined that it was not necessary to present the proposed rule 

and record the hearing. The hearing was closed at 10:42 a.m. 

DES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964 
A copy of the SIP revision was available for public inspection at the DES offices 

at 29 Hazen Drive, Concord, NH during regular working hours from 8:00 a.m. to 4:00 

p.m., Monday through Friday, throughout the comment period. The SIP revision was 

also available for downloading from the DES website at: 

http://des.nh.gov/organizationlcommissioner/legal/rulemaking/index.htm. 

The notice was published in the Union Leader, a newspaper of general, statewide 

circulation, on Friday, February 8, 2013, thirty days prior to the date of the hearing. 

The above statements are true to the best of my knowledge and belief. 

Craig Adright 

Acting Director 

Air Resources Division 
COMPILATION OF PUBLIC COMMENTS AND NEW 

HAMPSHIRE'S RESPONSE THERETO 

40 CFR Part 51, AppendixY, 2.1(h) 
M HDES 

The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

FP 2012-163, Env-A 2100 Particulate Matter and Visible Emissions Standards 

Summary of Comments on Initial Proposal and Draft Final Proposal with DES Responses 

March 26, 2013 

Introduction 

DES made substantive revisions in response to comments received from the U.S. Environmental Protection 

Agency (EPA) on the Initial Proposal for the readoption of Env-A 2100 relative to Particulate Matter and 

Visible Emissions Standards. Because of this; DES prepared a draft final proposal (Draft FP), as now 

authorized by RSA 541-A: 11, 1(c), and held a public hearing on the Draft FP on March 8, 2013. DES 

received written comments on the draft FP from Conservation Law Foundation (CLF). The EPA and CLF 

comments and DES responses thereto are summarized below. 

Initial Proposal 

Env-A 2103.02 - Visible Emission Standards 

Comment: EPA states that this rule exempts sources from complying with the opacity standard, and that 

such an exemption is not allowed by the Clean Air Act. 

DES Response: DES has deleted the 6-minute exemption previously allowed in Env-A 2103.02 and has 

proposed in the Draft Final Proposal an affirmative defense provision for opacity exceedances during 

startups, shutdowns, and malfunctions. 

Draft Final Proposal 

Env-A 2103.02 - Visible Emission Standards 

Comment: CLF supports DES's decision to eliminate visible emissions exemptions from the current version 

of Env-A 2100, as reflected in the Draft FP. 

DES Response: DES acknowledges this comment in support of its proposed change to Env-A 2103.02 and 

intends to adopt the rule without the exemption. 

Env-A 2103.03 - Affirmative Defenses 

Comment 41: CLF disagrees with DES 's decision to excuse certain violations of the Act through adoption 

of the proposed affirmative defense provisions on the basis that the Clean Air Act is a strict liability 

statute. 

DES Response: The term "affirmative defense" may be a misnomer here, in that successfully employing it 

does not excuse violations of the Act; it allows a source to demonstrate that it could not have complied 

with the standard and, therefore, should not be fined for that violation. A source that successfully 

asserts the defense could still be subject to citizen suits and requests for injunctive relief because of the 

underlying violation. 

Comment 42: DES should ensure that its affirmative defense provisions are consistent with EPA 's most 

recent clar4flcation of its affirmative defense policy. Specfically, EPA 's February 22, 2013 proposed rule 

(78 Fed. Reg. 12,460) disallows startup and shutdown affirmative defenses. 

DES Response: DES acknowledges that EPA is proposing to disallow affirmative defenses for startups and 

shutdowns. On page 12470 of the referenced Federal Register notice, EPA states that SIP provisions 

should encourage compliance during

D 

 events that are within the source's control, and thus affirmative 

ES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964 
Summaiy of Comments on Env-A 2100 Draft FP, with DES Responses Page 2 of 3 

March26, 2013 

defenses for excess emissions during planned startup and shutdown are inappropriate, unlike those for 

excess emissions during malfunctions. DES does not agree that opacity exceedances are always within 

the control of the operator of a fuel-fired device. Env-A 2100 does not apply to fuel-fired devices, 

however, and DES believes that sources subject to this chapter should be able to control visible 

emissions during startups and shutdowns. Therefore, with respect to this chapter and Env-A 2400, 

DES will follow EPA's proposed guidance and remove the proposed affirmative defense for startups 

and shutdowns. 

Comment #3: In Attachment A of CLF's comments, CLF provides specfic language changes to the 

proposed affirmative defense provisions in Env-A 2103.03. In Env-A 2103.03(b) (1) and (h), CLF 

suggests replacing the reference to Env-A 911.04 with the actual language from Env-A 911.04(b) and 

(d). CLF's reason for this suggestion is that Env-A 911.04 is not in the State Implementation Plan 

(SIP). 

DES Response: Most of Env-A 900, including 911.04, is now in the SIP, effective January 4, 2013. See 

77 FR 66388 (Nov. 5, 2012). Therefore, repeating that language in Env-A 2100 is unnecessary. 

Comment 44: In Env-A 2103.03(b) (2), CLF suggests replacing "one or more" with "all", since EPA 

requires that all of the listed circumstances be satisfied. 

DES Response: The original language referred to the circumstances for malfunctions in Env-A 2103.03(c) 

and the circumstances for startups/shutdowns Env-A 2103.03(e), which is why it referred to 

compliance with "one or more" of the circumstances in (c) or (e), as applicable. However, since DES 

has agreed to delete the affirmative defense provisions for startups/shutdowns, the suggested language 

is more appropriate and will be adopted by DES. 

Comment 45: In Env-A 2103.03(c) (1), CLF suggests adding the words "unavoidable" and "beyond the 

control" to ensure that the provision reads as stringently as required by EPA. 

DES Response: The first circumstance, listed in subparagraph (1), is the happening of an equipment failure 

causing excess visible emissions. Subparagraph (2) discusses whether the problem could have been 

reasonably foreseen or avoided, and subparagraph (8) discusses whether the problem was part of a 

recurring pattern. Thus, subparagraph (1) establishes that the event we may end up agreeing was a 

malfunction happened, and the other two subparagraphs give the circumstances that prove it was a 

malfunction. DES considers it duplicative to require a source to prove that the event was beyond its 

control several times when asserting an affirmative defense and, consequently, does not believe these 

changes need to be made. 

Comment 96: In Env-A 2103.03(c) (2), CLF suggests deleting the word "reasonably" and adding the words 

"and could not have been avoided by better operation and maintenance practices" so that the provision 

is as stringent as EPA guidance. 

DES Response: DES believes that without the word "reasonably," it would be impossible for anyone to 

successfully assert this affirmative defense. Thus, DES intends to retain "reasonably" but agrees that 

the additional wording should be added to be consistent with EPA's guidance. 

Comment 97: In Env-A 2103. 03(c)(3), CLF suggests deleting the words "after the malfunction was 

discovered" and adding the following: "when the operator knew or should have known that applicable 

emissions limitations were being exceeded. Off-shift labor and overtime must have been utilized, to the 

extent practicable, to ensure that such repairs were made as expeditiously as practicable." CLF 

believes these changes are needed to make the provision as stringent as EPA guidance. 

DES Response: While DES understands that it seems more stringent to use EPA's language, in reality, one 

can not make repairs to equipment that one does not know is malfunctioning, even if one should have 
Summaiy of Comments on Env-A 2100 Draft FP, with DES Responses Page 3 of 3 

March26, 2013 

known that it was malfunctioning. The concern about how quickly one finds the malfunction is 

addressed in subparagraph (4), which requires the amount and duration of the excess emissions to be 

minimized to the extent practicable. In addition, it is not necessary to require the use of off-shift labor 

or overtime to ensure that repairs are made expeditiously. Some repairs can be made during the regular 

shift, and some can be made only by the original manufacturer or engineering team. Each situation is 

unique and can best be decided on a case-specific basis. DES has not changed the wording of this 

subparagraph. 

Comment #8: In Env-A 2103.03(c) (4), CLF suggests adding the word "maximum" so that the provision is 

consistent with EPA 's guidance. 

DES Response: DES agrees and will add the word "maximum" before "extent." 

Comment 99: In Env-A 2103.03(c) (5), CLF suggests replacing the word "reasonable" with "all possible" 

for consistency with EPA 's guidance. 

DES Response: This is another instance where DES believes a "reasonable person" standard is preferable 

to EPA's guidance. Reasonable people could disagree on what steps are "possible." DES will add the 

word "all" before "reasonable." 

Comment 910: In Env-A 2103. 03(c)(7), CLF suggests adding the words 'properly signed" to ensure the 

required level of stringency. 

DES Response: DES does not require log books be signed to prove their authenticity. This suggestion 

was not incorporated into the rule. 

Comment #11: In Env-A 2103.03(c) (9), CLF suggests deleting the phrases "Subject to (d) below" and "to 

the maximum extent practicable" to make the provision as stringent as EPA guidance. 

DES Response: The phrase "to the maximum extent practicable" is included in EPA's guidance, so it will 

not be removed. The phrase "Subject to (d) below" will also be retained, for the reason given below. 

Comment #12: CLF suggests removing Env-A 2103.03(d) to make (c)(9) as stringent as EPA 's standard 

The paragraph reads: "The provision in (c) (9), above, shall not be construed to automatically require 

the shutdown ofprocess equlpment to minimize emissions." 

DES Response: DES agrees that this language is not in EPA's guidance, but disagrees that it makes the 

proposed rule any less stringent. EPA's guidance makes clear that an affirmative defense for excess 

emissions during a malfunction is appropriate only for the period of time necessary to modif' or curtail 

operations to come into compliance. In other words, EPA does not "automatically require the 

shutdown of process equipment to minimize emissions," but does require the source to take "reasonable 

steps to minimize the impact of the excess emissions on ambient air quality" (subparagraph 5) and to 

maintain and operate the equipment in a manner consistent with good practice for minimizing 

emissions to the maximum extent practicable (subparagraph 9). There are times when repairs can be 

made so quickly that a shutdown of process equipment is not necessary, and paragraph (d) recognizes 

that fact. Therefore, this subsection is being retained.