ATTACHMENT E 

Administrative Documents: 

Evidence of Legal Authority 

Certification of Public Process 

Copy of Public Notice 

Public Comments and State's Response 
TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

1L'q-C :4 Rulemaking Authority; Subpoena Power. - 

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

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

source pollution, mobile source pollution, and stationary source pollution 

(b) Primary and secondary ambient air quality standards. 

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

(d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C :6, XIV, RSA 

125-C:11, I and RSA 125-C:17, 1- a. 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 

125-C:11, as authorized by RSA 125-C:11, lI . 

(f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I 

and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11,1. 

(g) The forms and information required on applications for temporary and permanent permits required under 

RSA 125-C:11, as authorized by RSA 125-C:12, I. 

(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as 

authorized by RSA 125-C:12, II . 

(i) Fees for pen-nit application and review, as authorized by RSA 125-C:12, N. 

(j) Procedures for pen-nit 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. 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI. 

(1) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C 15, I. 

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

(n) The manufacture, use. or sale of consumer products for purposes of implementing RSA 485:16-c. 

(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-

C:10-b. Vn(r). 

(p) The duration of time during which no additional best available control technology determination is required 

as provided in RSA 125-C:10-b, N and VI. 

(q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be 

combusted in a device at an affected source subject to RSA 125-C:10-b. 

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

XIV-a. 

I-a. In adopting rules under paragraph 1, 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 I(n), the department may incorporate by reference other state test 

methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) 

concerning consumer products, as defined in RSA 125-C:2, V-c. 

II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the 

production of such evidence and to administer such oaths and to take such testimony as he may deem necessary . 

Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5 . 2003, 137:12004, 175:2, eff. May 27, 

2004. 2005, 173:3, ef£ June 29, 2005. 2008, 113:3 . eff. Aug. 2, 2008. 
TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C :6 

125-C:6 Powers end Duties of the Commissioner. - In addition to the other powers and duties granted herein, 

the commissioner shall have and may exercise the following powers and duties: 

1 . Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and 

orders promulgated under it ; 

ll. Developing a comprehensive program and provide services for the study, prevention, and abatement of air 

pollution; 

III. Conducting and encouraging studies relating to air quality; 

IV. Collecting and disseminating the results of studies relating to air quality; 

V. Advising, consulting, and cooperating with the cities and towns and other agencies of the state* federal 

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

V I. Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in 

preventing and controlling air pollution in the state; 

VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to 

burn, a mixture that consists of at least 94 percent virgin no. 6 oil and the remainder complying with the used fuel oil 

specifications in 40 CFR, section 279.11, table 1 ; 

VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the 

purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in 

violation of any of the rules or orders promulgated hereunder. Any information, other than ernission data, relating to 

secret processes or methods of manufacture or production obtained in the course of such inspection or investigation 

shall not be disclosed by the commissioner without permission of the person whose source is inspected or 

investigated ; 

VIE. Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of 

the functions of this chapter, including such monies given under any federal law to the state for air quality control 

activities, surveys, or programs; 

IX. Consulting the air resources council established by RSA 21-0:11 on the policies and plans for the control and 

prevention of air pollution; 

X. Exercising all incidental powers necessary to carry out the purposes of this chapter; 

XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use 

emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of 

emissions from such stationary sources. The commissioner shall have the authority to make such data available to 

the public and as correlated with any applicable emission standards; 

XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with 

applicable emission standards when necessary and practicable and to control or limit the operation of motor 

vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation 

are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an 

ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal 

regulations, of existing air quality in an area classified as a 'clean air" area by state or federal regulations; 

XIII . Coordinating and regulating the air pollution control programs of political subdivisions of the state and 

entering agreements with said subdivisions to plan or implement programs for the control and abatement of air 

pollution; 

XIV. Establishing and operating a statewide system under which permits shall be required for the construction, 

installation, operation or material modification of air pollution devices and sources, which system shall be 

established pursuant to RSA 125-C:11 and the sections which follow . The authority vested in the commissioner by 

this section shall include the power to delay or prevent any construction, modification or operation of said air 

pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air 

pollution level in the locality of such construction, modification or operation to exceed limits for ambient 
concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act 

as amended, or which construction, modification or operation would, in the opinion of the commissioner, violate any 

provision of any land use plan established by the New Hampshire state implementation plan; 

XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood 

chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw 

mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass 

fuel related to the combustion of such materials at stationary sources. The commissioner may establish such 

standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I. 

XV. Implementing a program of prevention of significant deterioration of ambient air quality by establishing air 

quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such 

increments are not less stringent than those specified in the Clean Air Act and amendments thereto, and in 

regulations promulgated thereunder; 

XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual 

replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy 

of the network equipment. 

XVII. Implementing a program to control the emissions of air contaminants from consumer products for purposes 

of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits 

are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations 

promulgated under the Clean Air Act. 

Source. 1979, 359:2 . 1981, 332:3 . 1986, 202:6, I(h), 8, 10 . 1988, 277:1 . 1995, 192:1 . 1996, 228:104 . 2001, 293:6, 

elf. July 17, 2001. 2008, 113 :4, eff: Aug. 2, 2008. 
JOHN H. LYNCH 

Governor 

osfzlfp of cNefu ~61uvsfftT 

OFFICE OF THE GOVERNOR 

107 North Main Street, State House - Rm 208 

Concord, New Hampshire 03301 

Telephone (603) 271" 2121 

www nh.govlgovernor 

govt`,rLiorlynchfth.gov 

May 25:,2006 

Robert W. Varney, Regional Administrator 

U.S . EPA Region I 

Suite 1100 (RAA) 

1 Congress Street 

Boston, MA 02114-2023 

Dear Mr. Varney: 

I have designated Robert R. Scott, Director of the New Hampshire Air Resources 

Division, as the official having the authority to request the U.S. Environmental Protection 

Agency approval of all New Hampshire State Iznplemeiitation Plan revisions. Mr. Scott 

replaces Mr. Kenneth Colburn who previously held this authority. 

cc: Michael P. Nolin, NHDES Commissioner/ 

Robert R. Scott, NHDES A.RD Director +~' 
f.,.,,, !HDES 

CELEHRATING 

1987 2,5 

Celebrating 25years of protecting 

New Hampshire's environment. 

CERTIFICATION OF PUBLIC PROCESS: 

Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH 

8-Hour Ozone (1997 Standard) Nonattainment Area, and Maintenance Plan 

I hereby certify that : 

In accordance with New Hampshire Administrative Rule Env-A 204 .01(b) and Federal regulations 

at 40 CFR § 51 .102, public notice was given that the New Hampshire Department of Environmental 

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

Agency (EPA) a revision of the New Hampshire State Implementation Plan (SIP) in the form of a 

request to redesignate the Boston-Manchester-Portsmouth (SE), NH ozone nonattainment area as 

having attained the 1997 national ambient air quality standard for 8-hour ozone, and a maintenance 

plan for that area. 

A public hearing on the SIP revision was held at 10 :30 a.m., Tuesday, January 24, 2012, at the 

Department's offices in Rooms 110 and 111 at 29 Hazen Drive, Concord, NH 03301 . Opportunity 

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

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

preparing the final SIP revision . 

A copy of the draft SIP revision was available for public inspection at the Department's offices at 29 

Hazen Drive, Concord, NH, during regular working hours from 8:00 a.m. to 4 :00 p.m., Monday 

through Friday, throughout the comment period . The draft SIP revision was also available for 

downloading from the Department's website at http ://des .nh.gov. 

The notice was published in the Union Leader, a newspaper of general, statewide circulation, on 

Friday, December 23, 2011, more than 30 days prior to the date of the hearing. 

A complete record of the public hearing is available on tape at the offices of the New Hampshire 

Department of Environmental Services, 29 Hazen Drive, Concord, NH. 

The above statements are true to the best of my knowledge and belief. 

Robert R. Scott 

Director, Air Resources Division 

2t 

Date 

The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

www.des.nh.gov 

29 Hazen Drive " PO Box 95 " Concord, NH 03302-0095 

(603) 271-3503 " TDD Access: Relay NH 1-800-735-2964 
STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES 

DIVISION CONCORD, NEW HAMPSHIRE NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC 

HEARINGS In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Title 

40 of the Code of Federal Regulations (CFR) Section 51 .102, notice is hereby given that the 

New Hampshire Department of Environmental Services, Air Resources Division (the 

Department) has prepared, and intends to submit to the U.S . Environmental Protection Agency 

(EPA) for approval, a request for redesignation of the Boston-Manchester-Portsmouth (SE), 

New Hampshire 8-hour ozone (1997 standard) nonattainment area, including a maintenance 

plan for that area, hereinafter referred to as "Request for Redesignation (including MP I)," 

pursuant to section 110(a) of the federal Clean Air Act . This request, if approved by EPA, will 

revise New Hampshire's State Implementation Plan (SIP) . In addition, the Department has 

prepared and intends to submit to EPA for approval as a SIP revision a maintenance plan, 

hereinafter referred to as "MP II," for the area of the state that was formerly designated 

nonattainment for the 1-hour ozone standard, but which was classified as 

unclassifiable/attainment for the 8-hour ozone standard . The Boston-Manchester-Portsmouth 

(SE), New Hampshire 8-hour ozone (1997 standard) nonattainment area consists of 52 cities 

and towns in the southern and/or eastern parts of Hillsborough, Merrimack, Rockingham, and 

Strafford Counties. Ground-level ozone monitoring data for the most recent 3-year monitoring 

period of 2008-2010 show that air quality in the nonattainment area has met the 1997 

National Ambient Air Quality Standard for 8-hour ozone. For EPA to approve the Request for 

Redesignation, the Department must submit maintenance plan MP I as part of this request, 

detailing how the state will insure that the area will not fall back into nonattainment once it is 

redesignated as attainment. MP I must demonstrate that the area will remain in compliance for 

a period of 10 years from the date of redesignation . The former nonattainment area for the 1-

hour ozone standard that was classified as unclassifiable/attainment for the 8-hour ozone 

standard on June 15, 2004, consists of 79 cities and towns in Cheshire County and the 

northern and/or western parts of Hillsborough, Merrimack, Rockingham, and Strafford 

Counties. The maintenance plan for this area, MP II, must demonstrate that the area will 

remain in compliance with the 8-hour ozone standard for the 10-year period from June 15, 

2004 to June 15, 2014 . The Department hereby solicits comments and has scheduled public 

hearings on the Request for Redesignation (including MP I) and MP II. A public hearing on the 

Request for Redesignation (including MP I) has been scheduled for 10 :30 a .m ., Tuesday, 

January 24, 2012, at the Department offices in Rooms 110 and 111 at 29 Hazen Drive, 

Concord, NH 03301 . A public hearing on MP II has been scheduled to start at the conclusion of 

the first hearing . Comments may be presented orally and/or in writing at the public hearings . 

Written comments may also be submitted by postal delivery, email, or fax to Charles Martone, 

Air Resources Division, NH Department of Environmental Services, P.O . Box 95, Concord, NH 

03302-0095 ; email CharIes.Martone@des.nh .gov ; fax (603)271-1381 . Please specify which 

plan each comment addresses . All written comments on the Request for Redesignation 

(including MP I) and all written comments on MP II must be received by 4 :00 p.m. on Tuesday, 

January 24, 2012, to be entered into the record . The Request for Redesignation (including MP 

I) and MP II are available for public inspection at the Department's offices at 29 Hazen Drive, 

Concord, NH, during regular working hours from 8 :00 a .m . to 4 :00 p.m ., Monday through 

Friday . The main text of both documents may be downloaded from the Department's website at 

http ://des.nh .gov/ . Questions regarding the Request for Redesignation (including MP I) and MP 

II may be directed to Charles Martone at (603) 271- 1089 . Robert R. Scott Director, Air 

Resources Division NH Department of Environmental Services Dated : December 23, 2011 

Appeared in : The Union Leader on Friday, 12/23/2011 
Page 1 of 5 

Responses to Comments on 

New Hampshire's Proposed Redesignation Request 

On January 24, 2012, the New Hampshire Department of Environmental Services (NHDES) 

received comments from the U.S . Environmental Protection Agency (EPA) on New Hampshire's 

proposed redesignation request for the Boston-Manchester-Portsmouth (SE), NH 8-hour ozone 

(1997 standard) Nonattainment Area. No other public comments were received . The following are 

NHDES's responses to EPA's comments. Comments are written in regular font and responses 

are written in italics. 

Ozone Data 

1 . Table 2-1 on Page 8 should identify that the ozone concentrations are presented in units of parts 

per billion (ppb). 

Response: The requested clarification has been added. 

2. In Table 2-1 on Page 8, the 2012 threshold values should be 123, 125, and 123 ppb for Nashua, 

Portsmouth, and Rye, respectively . Therefore, NH DES should adjust the "most recent year at or 

above the threshold" column correspondingly. In addition, it should be noted that in the current 

version of the table, it appears that 1-hour values, rather than 8-hour values, were used when 

determining the most recent year at or above the threshold. 

Response: The 2012 threshold values and the most recent years at or above threshold have been 

corrected in the table. 

Motor Vehicle Emission Budg ets 

3 . In Section 5.5, including in Table 5-1, NH DES should express the year 2008 and year 2022 NOx 

and VOC motor vehicle emission budgets for the Boston-Manchester-Portsmouth (SE), NH area in 

units of tons per summer day for use as future transportation conformity budgets. 

Response: The requested edit has been made to Table 5-1. 

2008 Inventory and Proiections to 2012 and 2022 

4. New Hampshire selected its 2008 emissions inventory to use as the base year inventory for the 

maintenance plan developed to support redesignation of former 8-hour nonattainment areas in the 

state . The 2008 inventory should be submitted to EPA in conjunction with submittal of the final 

redesignation request, as EPA will need to approve the 2008 inventory into the SIP. 

Response: The 2008 emissions inventory is being submitted to EPA as Attachment G to the 

redesignation request. Because of the volume of technical data associated with the emissions 

inventory, a data CD-ROM is being submitted which includes the inventory documentation, data 

tables (as Microsoft Excel spreadsheets), and other supporting technical data. 
Page 2 of 5 

5 . The write-up for New Hampshire's 2008 emissions inventory should describe how the partial 

county emission estimates for the 8-hour ozone nonattainment area were derived. It appears that the 

town by town population data within the tabbed sheet labeled "3 - 17 Population," within the 

spreadsheet with file name "NH 2008 PEI Section 3 Tables .xls" was used to apportion the county 

level area and nonroad emission estimates to the town level. This enabled New Hampshire to then 

sum up nonroad and area source emissions by town to match the sub-county geography of the 8-

hour nonattainment area. This methodology, along with an indication of how on-road mobile 

emission estimates at the sub county level were derived, should be included in the 8-hour ozone 

inventory documentation. 

Response: As EPA notes, population data was used to apportion many of the area and non-road 

emissions source categories to the sub-county geography of the 8-hour nonattainment area. Onroad mobile emissions estimates were derived using VMT data that was provided by the relevant 

metropolitan planning organizations (MPOs). Since the MPOs comprise the 8-hour nonattainment 

area, the VMT data and resulting emissions estimates were specific to that geography. Appropriate 

wording to describe these methodologies has been added to Sections 1.2 and Section 4 of the 2008 

emissions inventory documentation. 

6 . New Hampshire should extract a table from the spreadsheet labeled, 

"ISTEPS_2008_POINT_EMISSIONS_SORT.xls" that identifies the NOx and VOC stationary 

sources whose emissions were summed to produce the 24,289 Ibs/day NOx and 5,762 lbs/day VOC 

point source emission totals, and place this table within the write-up for the 2008 inventory. 

Response: The requested tables were added to Section 2 of the 2008 emissions inventory 

documentation. 

7. Section 6 .2 .1 of the proposed redesignation request for New Hampshire's 8-hour nonattainment 

area mentions that growth factors from the Economic Growth and Analysis System (EGAS) were 

used to project point and area source emissions to 2012 and 2014. The final submittal should 

include the specific point and area source growth factors that were used to make these projections . 

Additionally, a review should be made of the growth factors used to project NOx point sources from 

2008 to 2012, as the nearly 50% increase shown seems quite high. New Hampshire may want to 

consider to instead use 2011 actual emissions, grown (or diminished) a minor amount to reflect 

2012 conditions . 

Response: All of the supporting technical files for the projected 2012 and 2022 emissions 

inventories relevant to the redesignation request are being provided to EPA on CD-ROM as 

Attachment H. These files include the EGAS factors that were used to do the projections. 

Final quality-assured actual emissions data for calendar year 2011 is not yet available. However, 

in response to this comment, New Hampshire used 2010 actual emissions data and the applicable 

growth factors to develop revised point source emissions estimates for 2012 and 2022. Table 6-1 of 

the redesignation request has been revised accordingly. 

8. In several locations within the write-up of 2008 area source emission estimates, the phrase, 

"adjustments to account for New Hampshire's 15% ROP plan" is used. This is a somewhat vague 

reference, and should be replaced with something more descriptive such as "adjustments to account 

for the regulations New Hampshire adopted to meet its 15% ROP plan for the 1-hour ozone 
Page 3 of 5 

standard, as some of those rules contained lower applicability thresholds and thus required 

reductions at area sources." 

Response: The requested edits were made to the 2008 emissions inventory documentation. 

9. The area source inventory documentation indicates that for some source categories, County 

Business Pattern data for 2008 was not available and so data for 2007 was used. 2008 data from 

this resource should now be available . 

Response: Per EPA's request, 2008 County Business Patterns data was obtained and incorporated 

into the relevant area source emissions calculations . Further, 2008 Energy Information 

Administration fuel consumption estimates were not available at the time when work on the 2008 

inventory commenced, so 2007 data was used. New Hampshire has now obtained the 2008 fuel 

consumption estimates and incorporated them into the calculations for the applicable area source 

categories. These changes have resulted in edits to the 2008 emissions inventory documentation 

and Table 6-1 of the redesignation request. 

10. For the redesignation request, it is important to note that the ten year maintenance plan is keyed 

to when EPA takes final action . Therefore, in order for the 2022 emission inventory to remain 

relevant, it is critical for New Hampshire to submit the final redesignation request to EPA as soon as 

possible (i .e ., at a minimum, within the next couple of months). Otherwise, EPA may not have 

enough time to complete its action by December 31, 2012. 

Response: The time limitation is duly noted. 

Contingency Measures 

11 . On page 42, in Section 6 .5, NH DES cites one reason to investigate an ozone season exceedance 

as "an anomaly in the ozone-season meteorology." Since weather anomalies alone do not exempt 

NH DES from contingency measures, EPA recommends replacing this bullet with reference to 

"exceptional events," as shown below: 

"2. If the design value is above the standard for any ozone monitor, NHDES will investigate 

the cause and determine whether the exceedance is due to: 

" an increase in emissions from local, in-state sources ; 

" an increase in emissions from upwind, out-of state sources; or 

an exceptional event as defined in 

40 CFR 50.1 ." 

Response: The requested rewording has been made. 

12. On page 42, EPA recommends that NH DES delete the word "significant" from the third step 

for the protocol, as shown below, since all factors contributing to ozone exceedances should be 

evaluated: 

"3 . If an increase in in-state emissions is determined to be a signifiean contributing factor to 

the exceedance, NHDES will evaluate the projected in-slate emissions for the next ozone 

season ." 
Page 4 of 5 

Response: The word "significant" has been removed. 

13 . On page 42, the 4th step of the protocol states : 

"The contingency measures(s) will be selected by the Governor or the Governor's designee 

within six months of/he end althe ozone season/or which contingency measures have been 

determined to be needed. New Hampshire will then initiate a course of action to implement 

enforceable control measurers) to rectify the problem. New rulemaking, when required, can 

typically be adopted and implemented within a 12-month timeframe, assuming that no new 

legislation is required ." 

In the final submittal, NH DES should clarify the timeframe to implement contingency measures. 

Response: The end of the quoted paragraph has been revised to read as follows: "New rulemaking 

can typically be adopted and implemented within a 12-month timeframe. NHDES will update the 

maintenance plan as necessary and develop and implement required regulations as soon as 

practicable within the guidelines established in the New Hampshire Administrative Procedures Act, 

but no later than 18 months after selection of the appropriate measure. " 

Stage 11 Vapor Recovery 

14. As stated on page 35, NH DES is not submitting the phase-out of Stage II as a formal 

component of this SIP revision to redesignate the 1997 8-hour ozone nonattainment area. 

However, we acknowledge that New Hampshire has recently adopted revisions to its Env-Wm 

1404.17 regulation, "Applicability of Stage Il Requirements." The adopted amendments to EnvWm 1404.17 eliminate the requirements, as of January 1, 2012, for Stage 11 vapor recovery systems 

at gasoline dispensing facilities . We have reviewed the MOVES modeling inputs associated with 

the proposed redesignation request, and note that the emissions projections for 2012 and later years 

appropriately reflect that the NH Stage 11 vapor recovery program is no longer providing emission 

reductions after January 1, 2012 . 

It is, therefore, acceptable that the Stage 11 phase-out be submitted to EPA as a SIP revision 

subsequent to the redesignation request. The Stage 11 phase-out supporting documentation and 

calculations, which should be based on MOVES, need to be proposed and adopted, and then 

submitted, along with the recently adopted amendments to New Hampshire's Env-Wm 1404.17 rule, 

to EPA as a SIP revision. Furthermore, EPA encourages NH DES to provide draft versions of this 

documentation and relevant MOVES modeling files to EPA for review prior to the formal proposal 

of this information. 

Response: NHDES acknowledges that Stage II vapor recovery may be addressed as a separate 

item. Accordingly, NHDES intends to submit a SIP revision for the phase-out of Stage II after 

submission of this redesignation request. Draft versions of supporting documentation and modeling 

files will be provided to EPA in advance of any formal submission of the Stage ll proposal. 

15 . In Section 5 .2, on page 31, a list of the applicable requirements of New Hampshire's former 1-

hour serious nonattainment areas is presented. One of the measures listed is Stage 11 vapor 

recovery. The first paragraph following this list states : 
Page 5 of 5 

"New Hampshire asserts that all required control provisions shall remain in place to prevent 

backsliding and assure maintenance of the 1997 8-hour ozone NAAQS after redesignation of 

the area to attainment ." 

This statement does not hold true for Stage 11, since New Hampshire has adopted revisions to its 

Env-Wm 1404.17 rule to eliminate the Stage 11 requirements . New Hampshire should clarify this 

discussion in the final submittal of the ozone redesignation request. 

Response: The following paragraph has been added to Section 5.2 after the indicated passage: 

"New Hampshire notes that it recently revoked the requirement that new gasoline dispensing 

facilities shall be equipped with Stage II vapor recovery control equipment and simultaneously 

adopted a requirement that owners of existing gasoline dispensing facilities equipped with Stage 11 

controls shall decommission such equipment by December 22, 2015. This rulemaking was 

necessary to prevent a situation -forecast to occur in the next few years - whereby the Stage 11 

equipment, because of incompatability with OR VR equipment, would cause more VOC emissions in 

New Hampshire than it would prevent. New Hampshire is preparing a separate SIP submittal 

demonstrating that these rule changes will not violate the anti-backsliding requirements of section 

110(1) of the Clean Air Act . The demonstration would have been included with this SIP revision, 

but has been delayed as NHDES resolves discrepancies in motor vehicle emission estimates after 

conversion to the new MOVES model. " 

Attachment G - CD Files (Note: This attachment has been renamed as Attachment F) 

16. The MOVES modeling inputs associated with the redesignation request should be consistent 

with previous SIP-approved inputs . Once a mobile source modeling input is approved into the SIP, 

all subsequent SIP submittals should reflect the same program characteristics as the SIP-approved 

version of the program inputs . For example, the Attachment G MOVES modeling inputs relating to 

New Hampshire's motor vehicle inspection and maintenance program utilize I/M compliance figures 

that were "modified to actual NH data." The current New Hampshire I/M SIP, as well as a NH I/M 

SIP revision recently submitted to EPA on November 17, 2011, both utilize an I/M compliance rate 

of 96%. Therefore, all modeling of New Hampshire's I/M program should be conducted using this 

96% compliance rate. However, for other parameters that are not included in NH's SIP as part of a 

formal control measure, or air emissions reduction program, for example "fuel formulation," EPA 

encourages the use of recent/accurate state-specific data as much as possible over the use of national 

defaults in the MOVES model. 

Response: The MOVES runs were redone using a compliance rate of 96%. Tables S-1 and 6-1 

were revised accordingly. 

17. The MOVES run spec file "rrpc 2008.mrs" appears to have left out the associated input 

database "rrpc 2008 in," and thus generated emission figures strictly based on the MOVES default 

database for the 2008 analysis of the Rockingham and Strafford Regional Planning Commission 

non-attainment towns. Therefore, the 2008 onroad mobile source emission estimates are not 

accurate . Since NH DES has proposed replacing its 2009 MOBILE6 motor vehicle emission 

budgets with 2008 MOVES2010 budgets, this issue must be corrected in the final SIP submittal . 

EPA would be unable to make a positive adequacy determination on the proposed 2008 VOC and 

NOx onroad motor vehicle emission budgets if the MOVES2010 runs contain errors . 

Response: The identified error was corrected and Tables 5-1 and 6-1 were revised accordingly.