4* 

# M H S 6ES 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 1-800-735-2964Mr. 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



# Department of Environmental Services 

# V ! 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 1-800-735-2964NEW 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 13NEW 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 P 0

. 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-A2100NEW 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 2100NEW 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 ManagerOFFICE 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 23.62Added 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 P 0

. 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 P 0

. 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 -40Added 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 STATEMENTNH 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 listRULEMAKING 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 : //d es
. n h.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 NHRULEMAKING 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 ManagerDRAFT 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 REGISTERFax (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 BuildingNEW 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 Regi s teron

. 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 : //d e s.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 FILINGAdded 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 51.03Added 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 P 0

. 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 ManagerCOVER 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 51.03FP2012-163 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 P 0

. 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 P 0

. 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=55.0P

0 " ..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, IIAdded 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 51.03Added 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\\ De ices (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=55.0P 0 -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 SERVICES41

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 RULESSTATE 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 1-800-735-296420 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 51.032012-163 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=66.0P 011 -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

01 ' 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 1-800-735-2964Summaiy 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 haveSummaiy 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.