#!HDES 

'r CELEBRATING

' 

25 

"YL4$ 

The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

Celebrating 25 years of protecting 

New Hampshire's environment. 

November 8, 2012 

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 300 - Ambient Air Quality 

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 John Lynch's 

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

amendments to administrative rule Env-A 300, Ambient Air Quality Standards. 

Env-A 300 establishes state ambient air quality standards (AAQS) for various types of 

pollutants emitted in or transported into New Hampshire. Changes to the standards for particulate 

matter, sulfur dioxide, nitrogen dioxide, ozone, and lead were made to provide consistency with 

recently revised national ambient air quality standards. 

On October 20, 2004, DES submitted an earlier version of Env-A 300 as a SIP revision. 

DES is hereby withdrawing that submittal, as the current submittal contains the version of the 

rule that took effect on September 1, 2012, superseding the 2004 rule. 

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 

www.des.nh.gov 

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

(603) 271-3503 • TDD Access: Relay NH 1-800-735-2964 
Mr. H. Curtis Spalding, Regional Administrator Page 2 

SIP Revision Submittal November 8, 2012 

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. The NH Department of 

Environmental Services (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 karla.mcmanus(des.nh.gov or (603) 271-6854, or Barbara L. 

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

you for your assistance. 

Sincerely, 

aa 

Craig A. Wright 

Acting Director 

Air Resources Division 

Enclosures 

ec: Dave Conroy, EPA 

Ida E. McDonnell, EPA 

David Mackintosh, EPA 
EVIDENCE OF THE RULE'S ADOPTION 

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

JILL K. SIEVEKING 

ACTING DIRECTOR 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

August 20, 2012 

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. 

Document # #10173 

Relative to: Env-A 300 - Ambient Air Quality Standards. 

Number of Pages: 5 & L1VLjJ 

:::a:te;. 

::::

12O12

Effective Date: 09/01/2012 L UNIT 

Expiration Date: 09/01/2022 

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, Acting 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 
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 
Section 125-C:4 Rulemaking Authority; Subpoena Power. Page 1 of2 

TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

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

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

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:1 1, I 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:11, 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, I and the conformance of exempted devices to established standards, as authorized by RSA 

125-C:11, 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, I. 

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. 

(1) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 

125-C:15, I. 

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:10-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. 

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 I, 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. 

http://www.gencourt.state.nh.us/rsa/html/X/125-C/125-C-4.htm 6/21/2012 
Section 125-C:4 Rulemaking Authority; Subpoena Power Page 2 of 2 

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

the production of such evidence and to administer such oaths and to take such testimony as he may 

deem necessary. 

Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2, 

eff. May 27, 2004. 2005, 173:3, eff. June 29, 2005. 2008, 113:3, eff. Aug. 2, 2008. 2010, 183:6, éff. 

June 21, 2010. 

http://www.gencourt.state.nh.us/rsa/html/X/125-C/125-C-4.htm 6/21/2012 
COPY OF THE ACTUAL RULE 

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

Department of Environmental Services 

'i NHDES Thomas S. Burack, Commissioner 

ELgBRATING Celebrating 25 Years of Protecting 

25 New Hampshire's Environment 

November 5, 2012 

Jill K. Sieveking, Acting Director 

Office of Legislative Services 

do Division of Administrative Rules 

25 Capitol Street 

State House Annex, Room 219 

Concord, New Hampshire 03301-63 12 

Re: Certification of Env-A 300 

Reference Document #10173 

Dear Acting 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. 

I 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 '/2 x 11 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 

for Administrative Rules and RSA 541-A:15, I. 

Sincerely, 

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 

www.des.nh.gov 

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

(603) 271-3503 • TDD Access: Relay NH 1-800-735-2964 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

TABLE OF CONTENTS 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

PART Env-A 301 PURPOSE, INTENT, AND APPLICABILITY 

Section Env-A 301.01 Purpose 

Section Env-A 301.02 Applicability 

PART Env-A 302 REFERENCES; DEFINITIONS 

Section Env-A 302.01 References 

Section Env-A 302.02 Definitions 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER 

Section Env-A 303.01 Primary and Secondary Ambient Air Quality Standards for Particulate 

Matter 

Section Env-A 303.02 Determination of Attainment of PM Standards 

Section Env-A 303.03 Measurement for PM Attainment Determinations 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE 

Section Env-A 304.01 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide 

Section Env-A 304.02 Determination of Attainment of SO 2Standards 

Section Env-A 304.03 Measurement for SO 2Attainment Determination 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Section Env-A 305.01 Primary Ambient Air Quality Standards for Carbon Monoxide 

Section Env-A 305.02 Determination of Attainment of CO Standards 

Section Env-A 305.03 Measurement for CO Attainment Determination 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Section Env-A 306.01 Primary and Secondary Ambient Air Quality Standards for Nitrogen 

Dioxide 

Section Env-A 306.02 Determination of Attainment of NO 2Standard 

Section.Env-A 306.03 Measurement for NO 2Attainment Determination 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Section Env-A 307.01 Primary and Secondary Ambient Air Quality Standards for Ozone 

Section Env-A 307.02 Determination of Attainment of Ozone Standards 

Section Env-A 307.03 Measurement for Ozone Attainment Determination 

PART Env-A 308 AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Section Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead 

Section Env-A 308.02 Determination of Attainment of Lead Standards 

Section Env-A 308.03 Measurement for Lead Attainment Determination 

vii Env-A 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-C:4, 1(b) 

PART Env-A 301 PURPOSE, SCOPE AND DEFINITIONS 

Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to: 

Support the policy and purpose articulated in RSA 125-C:1 and as required by §109 of the Clean 

Air Act (Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the 

State of New Hampshire; and 

Be at least as stringent as the federal primary and secondary ambient air quality standards, 

respectively. 

Source. #120, eff 8-31-73; ss by #461, eff 4-20-74; ss by 

#1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss by #1717, eff 

2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; 

ss by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by 

#8054, eff 2-28-04; ss by #10173, eff 9-1-12 

Env-A 301.02 Applicability. This chapter shall apply to ambient air statewide. The department shall 

not construe these standards in any manner that would allow the significant deterioration of existing air 

quality in any portion of the state. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10173, eff 9-1-12 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 302.01 References. For the purpose of this chapter, unless otherwise specified all references to 

40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2011 edition. 

Source. #120, eff 8-3 1-73; ss by #461, eff 4-20-74; ss by 

#1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss by #1717, eff 

2-19-8 1; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; 

ss by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by 

#8054, eff 2-28-04; ss by #10173, eff 9-1-12 (from Env-A 

301.03) 

Env-A 302.02 Definitions. For the purposes of this chapter, the following definitions shall apply: 

"Attainment" means that the primary or secondary ambient air quality standard, as applicable for 

that pollutant, is met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 50.1(g), as reprinted in 

Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) that is judged to be necessary to protect 

public health. For purposes of this definition, "public health" mçans the overall health and safety of the 

human population at large; 

"Reference method" means "reference method" as defined by 40 CFR 50.1(f), as reprinted in 

Appendix B; and 

Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(e) "Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator that is judged to be necessary to protect public welfare from any known or anticipated adverse 

effects of a pollutant. For purposes of this definition, "public welfare" means the well-being of animals and 

vegetation and the maintenance of property. 

Source. #10173, eff 9-1-12 (from Env-A 301.04) 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient Air Ouality Standards for Particulate Matter. The 

primary and secondary ambient air quality standards for particulate matter (PM) shall be as follows: 

For PM measured in the ambient air as particles having an aerodynamic diameter less than or equal 

to a nominal 10 micrometers (PM 10), the primary and secondary ambient air quality standards each shall be 

150 micrograms per cubic meter (tg/m) 24-hour average concentration; and 

For PM mesured in the ambient air as particles having an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers in diameter or smaller (PM 25): 

The annual primary and secondary ambient air quality standards each shall be 15.0 99/ 1113 1 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 35 jig/rn 3 , 24-

hour average concentration. 

Source. #120, eff 8-31-73; ss by #461, eff 4-20-74; ss by 

#1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss by #1717, eff 

2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; 

ss by #4601, eff 4-21-89; ss by #5033, eff 12-27-90; ss by 

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, 

eff 9-1-12 

Env-A 303.02 Determination of Attainment of PM Standards. The department shall determine the 

attainment of primary and secondary standards for PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10, the 24-hour primary and secondary 

ambient air quality standards shall be deemed to be attained when the expected number of days per calendar 

year with a 24-hour average concentration above 150 jig/rn 3 , as determined in accordance with 40 CFR 50 

Appendix K, is equal to or less than one; and 

For particulate matter measured in the ambient air as PM 25 : 

(1) The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the annual arithmetic mean concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 15.0 jig/rn 3 ; and 

2 Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(2) The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as detennined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 35 99l1113 . 

Source. #120, eff 8-31-73; ss by #461, eff 4-20-74; ss by 

#1333, eff 4-1-79; amd by #1614, eff 7-30-80; ss by #1717, 

eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-

84; ss by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by 

#8054, eff 2-28-04, ss by #10173, eff 9-1-12 

Env-A 303.03 Measurement for PM Attainment Determinations. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for PM specified in Env-A 303.01, the 

following shall apply: 

(a) PM10in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40 

CFR 53; or 

An e uivalent method designated in accordance with 40 CFR 53; and 

(b) PM2 . 5in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 

CFR53;or 

An equivalent method designated in accordance with 40 CFR 53. 

Source. #120, eff 8-3 1-73; ss by #461, eff 4-20-74; ss by 

#1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss by #1717, eff 

2-19-8 1; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; 

ss by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by 

#8054,eff 2-28-04, ss by #10173, eff 9-1-12 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE 

Env-A 304.01 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide. The 

primary and secondary ambient air quality standards for sulfur, dioxide (SO 2), chemical abstracts service 

registry number (CAS #) 7446-09-5, shall be as follows: 

The primary ambient air quality standard for SO2 shall be 75 parts per billion (ppb), 1-hour average 

concentration; and 

The secondary ambient air quality standard for SO2shall be 0.5 parts per million (ppm), 3-hour 

average concentration. 

Source. #120, eff 8-31-73; ss by #721.3, eff 12-7-75; ss by 

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 

12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff 

4-25-96; ss by #8054, eff 2-28-04, ss by #10173, eff 9-1-12 

Env-A 304.02 Determination of Attainment of SO, Standards. The department shall determine 

attainment of the primary and secondary standards for SO 2specified in Env-A 304.01 as follows: 

(a) The primary ambient air quality standard for SO 2shall be deemed to be attained when the 3-year 

Env-A 300 
NEW HAMPSHIRE CODE OF ADMiNISTRATIVE RULES 

average of the annual 99 "percentile of the daily maximum 1-hour average concentrations, as determined in 

accordance with 40 CFR 50 Appendix T, is less than or equal to 75 ppb; and 

(b) The secondary ambient air quality standard for SO2 shall be deemed to be attained when the 3-hour 

average concentration exceeds 0.5 ppm not more than once per calendar year. 

Source. #120, eff 8-31-73; ss by #721.3, eff 12-7-75; ss by 

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 

12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff 

4-25-96; ss by #8054, eff 2-28-04, ss by #10173, eff 9-1-12 

Env-A 304.03 Measurement for SQ2 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for SO 2specified in Env-A 304.01, 

sulfur dioxide in the ambient air shall be measured by either: 

The reference method described in 40 CFR 50 Appendix A or A-i; or 

An equivalent method designated in accordance with 40 CFR 53. 

Source. #120, eff 8-31-73; ss by #721.3, eff 12-7-75; ss by 

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 

12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff 

4-25-96; ss by #8054, eff 2-28-04, ss by 10173, eff 9-1-12 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air Oualitv Standards for Carbon Monoxide. The primary ambient 

air quality standards for carbon monoxide (CO), CAS # 630-08-0, shall be as follows: 

The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average 

concentration; and 

The 1-hour primary ambient air quality standard for CO shall be 35 ppm, 1-hour average 

concentration. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04, ss by 

#10173, eff 9-1-12 

Env-A 305.02 Determination of Attainment of CO Standards. The department shall determine 

attainment of the primary standards for CO specified in Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standard for CO shall be deemed to be attained when the 8-

hour average concentration exceeds 9 ppm not more than once per calendar year; and 

The 1-hour primary ambient air quality standard for CO shall be deemed to be attained when the 1-

hour average concentration exceeds 35 ppm not more than once per calendar year. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04, ss by 

#10173,eff9-1-12 

Env-A 305.03 Measurement for CO Attainment Determination. For the purpose of determining 

attainment of the primary ambient air quality standards for CO specified in Env-A 305.01, carbon monoxide 

in the ambient air shall be measured by either: 

(a) A reference method based on 40 CFR 50 Appendix C and designated in accordance with 40 CFR 

4 Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

53; or 

(b) An equivalent method designated in accordance with 40 CFR 53. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04, ss by 

#10173, eff 9-1-12 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Env-A 306.01 Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide. The 

primary and secondary ambient air quality standards for nitrogen dioxide (NO2), CAS # 10102-44-0, shall be 

as follows: 

The annual primary ambient air quality standard for NO2shall be 53 ppb, annual average 

concentration; 

The 1-hour primary ambient air quality standard for NO 2shall be 100 ppb, 1-hour average 

concentration; and 

The secondary ambient air quality standard for NO 2shall be 0.053 ppm, equivalent to 100 tg/m3 , 

annual arithmetic mean concentration. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04, 

New. #10173, eff 9-1-12 

Env-A 306.02 Determination of Attainment of NO2 Standard. 

The annual primary standard for NO2 specified in Env-A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO2 specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as determined in 

accordance with 40 CFR 50 Appendix 5, is less than or equal to 100 ppb. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to 3 

decimal places, as further described in 40 CFR 50.11(g). 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss, by 

#10173, eff 9-1-12 

Env-A 306.03 Measurement for NO2 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO 2in the 

ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix F; or 

An equivalent method designated in accordance with 40 CFR 53. 

Source. #10173, eff 9-1-12 

5 Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATiVE RULES 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Ouality Standards for Ozone. The primary and 

secondary ambient air quality standards for ozone, CAS # 10028-15-6, shall be as follows: 

The primary ambient air quality standard for ozone shall be 0.075 ppm, daily maximum 8-hour 

average; and 

The secondary ambient air quality standard for ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10173, eff 9-1-12 

Env-A 307.02 Determination of Attainment of Ozone Standards. The primary and secondary ambient 

air quality standards for ozone specified in Env-A 307.01 shall be deemed to be attained when the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentration, as determined in 

accordance with 40 CFR 50 Appendix P, is less than or equal to 0.075 ppm. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10173, eff 9-1-12 

Env-A 307.03 Measurement for Ozone Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for ozone specified in Env-A 307.01, 

ozone in the ambient air shall be measured by either of the following: 

A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 

53;or 

An equivalent method designated in accordance with 40 CFR 53. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10 173, eff 9-1-12 

PART Env-A 308 AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead The primary and 

secondary ambient air quality standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standard for lead shall be 0.15 ig/m 3 , 3-month arithmetic mean 

concentration; and 

The secondary ambient air quality standard for lead shall be the same as the primary ambient air 

quality standard for lead designated in (a), above. 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10173, eff 9-1-12 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient air 

quality standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 pg/m 3 . 

Source. #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by 

#10173, eff 9-1-12 

6 Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATiVE RULES 

Env-A 308.03 Measurement for Lead Attainment Determination. For the purpose of determining 

attainment of the primary and seôondary ambient air quality standards for lead specified in Env-A 308.01, 

lead in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 

53;or 

An equivalent method designated in accordance with 40 CFR 53. 

Source. #10173, eff 9-1-12 

7 Env-A 300 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

Appendix A: State Statute, Federal Statute/Regulations Implemented 

Provision of the Proposed Rule Specific State or Federal Statutes or Regulations which the Rule is 

Intended to Implement 

Env-A 300 (also see Parts listed 

below) 

42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-C:4, 1(b); 40CFR §50.1 

Env-A 303 RSA 125-C:4, 1(b); 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, 

&N 

Env-A 304 RSA 125-C:4, 1(b); 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-C:4, 1(b); 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, I(b);40 CFR §50.11; 40 CFR 50 Appendix F 

Eny-A 307 RSA 125-C:4, 1(b); 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b); 40 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant that has 

been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a 

method for which an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 

of this chapter. 

(f) Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is 

specified as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accordance with §53 11 or §53.16 of this chapter. 

Env-A 300 
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 

c DATE February 2, 2012 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Request for Fiscal Impact Statement 

To Legislative Budget Assistant 

In accordance with NH 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 300: Ambient Air Quality Standards 

Please fax the Fiscal Impact Statement to Peter Demas at 271-8805. 

If you have any questions, please contact Peter Demas at 271-2464. 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

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

REQUEST FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number Env-A 300 

1. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box. 95 

Concord, NH 03302-0095 

Rule Number 

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, 1(a) 

42 U.S.C. §7409; 40 CFR 50; 40 

CFR53 

x 

Yes El No 

Short Title: •Ambient Air Quality Standards 

Contact Person: 

Name: Title: 

Gretchen Hamel Administrator, Legal Unit 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Phone: 271-3137 

Fax#: 271-8805 

(1) Summarize the rule. 

This rule establishes state ambient air quality standards (AAQS) for various types of pollutants emitted in or 

transported into New Hampshire, in accordance with RSA 125-C:! and the federal Clean Air Act, 42 U.S.C. 

§7509, (CAA). Changes to the standards for particulate matter, sulfur dioxide, nitrogen dioxide, ozone, and lead 

are proposed to make them consistent with recently revised national ambient air quality standards, as required by 

the CAA. 

Specifically, ARD is proposing the following substantive changes: 

Env-A 303, Ambient Air Quality Standards for Particulate Matter (PM) 

The annual primary and secondary standards for PM 10are revoked, and the 24-hour primary and secondary 

standards for PM2. 5are strengthened from 65 to 35 micrograms per cubic meter (p.1m); 

Env-A 304, Ambient Air Quality Standards for Sulfur Dioxide 

The 24-hour and annual primary standards are revoked; they are replaced by a more protective 1-hour primary 

standard of 75 parts per billion (ppb); 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2 

Env-A 306, Ambient Air Quality Standards for Nitrogen Dioxide 

A new 1-hour primary standard of 100 ppb is added; 

Env-A 307, Ambient Air Quality Standards for Ozone 

The 1-hour primary and secondary standards are revoked, and the 8-hour primary and secondary standards are 

strengthened from 0.08 to 0.075 parts per million (ppm); and 

Env-A 308, Ambient Air Quality Standards for Lead 

The primary and secondary standards are strengthened from 1.5 to 0.15 JIg/rn 3 . 

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 attributable to this rule. The proposed rule is being adopted pursuant to RSA 125-C:4, 1(b) 

which requires DES to adopt rules relative to primary and secondary ambient air quality standards. 

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

There are no costs associated with either the proposed rule or the existing rule. 

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

There are no costs or benefits to the state general fund resulting from the proposed rule. 

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

affect state funds? 

The CAA at 42 U.S.C. §7509 requires the U.S. Environmental Protection Agency (EPA) to promulgate national 

AAQS. EPA promulgated the AAQS in 40 CFR 50. Under 42 U.S.C. 7510, NH is required to adopt a state 

implementation plan providing for the implementation, maintenance, and enforcement of the AAQS promulgated 

pursuant to §7509. 

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

There are no costs or benefits to any state special fund resulting from the proposed rule. 

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

There are no costs or benefits to political subdivisions of the state resulting from the proposed rule. 

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

There are no costs or benefits to the citizens of the state resulting from the proposed rule. 

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

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

There are no costs or benefits to any independently owned business resulting from the proposed rule. There are 

no specific reporting or recordkeeping requirements upon those employing fewer than 10 employees. 
Added text in bold italics Initial Proposal 2-1-12 

Deleted text struck through 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-04, 1(b) 

Readopt with amendment PART Env-A 301 through PART Env-A 308, eff. 2-28-04 (doc. #8054), to read as 

follows: 

PART Env-A 301 PURPOSE, SCOPE INTENT, AND DEFINITIONS APPLICABILITY 

Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to 

support the policy and purpose articulated in RSA 125-C:1 and as required by §109 of the Clean Air Act 

(Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the State of 

New Hampshire. pursuant to section 109 of the Clean Air Act (Act), 10 CFR 53, and 10 CFR 50, as 

amended. These standards arc intended to be protective of the public health and public welfare in 

accordance with RSA 125 C: 1. 

Env-A 30241301.02 Intent of New Hampshire Standards. a3-The department shall designate intends 

the primary and secondary ambient air quality standards established in this chapter to be at least as stringent 

as the federal primary and secondary ambient air quality standards, respectively. (b)-The department shall 

not construe the adoption of these standards in any manner to-that would allow the significant deterioration 

of existing air quality in any portion of the state. 

Env-A 301.0203 Scope Applicability. This chapter shall apply statewide to ambient levels of air 

statewide. 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 301.03302.01 References. For the purpose of this chapter, unless otherwise specified all 

references to 40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2003 2011 edition.-ef 

title 10 of the Code of Federal Regulations (CFR) shall control all references to 10 CFR 50 and 10 CFR 53. 

Env-A 301.04302.02 Definitions. For the purposes of this chapter, the following definitions shall 

apply: 

"Attainmeat"for a pollutant, including the terms "attained" and "attainment", means the 

meeting or satisfaction of a that the primary or secondary ambient air quality standardfor that pollutant is 

met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR *50.1(g), namely "a 

method of sampling and analyzing the ambient air for an air pollutant that has been designated as an 

equivalent method in accordance with part 53 of this chapter [chapter I]; it does not include a method for 

which an equivalent method designation has been cancelled in accordance with §53.11 or. §53.16 of this 

chapter [chapter I]"as reprinted in Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) which that is judged as-to be necessary 

to protect the-public health. For purposes of this definition, "public health" means the overall health and 

safety of the general human population at large; 

"Reference method" means "reference method" as defined by 40 CFR *50.1(f), namely "a method 

of sampling and analyzing the ambient air for an air pollutant that is specified as a reference method in an 

appendix to this part [part 50], or a method that has been designated as a reference method in aôcordance 

with part 53 of this chapter [chapter I; it does not include a method for which a reference method 

designation has been cancelled in accordance with §53.11 or §53.16 of this chapter [chapter I]" as reprinted 

in Appendix B; and 
Added text in bold italics 

Deleted text struck through 

Initial Proposal 2-1-12 2 

(e) "Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator of EPA which that is judged as-to be necessary to protect the-public welfare from any known 

or anticipated adverse effects of a pollutant. For purposes of this definition, "public welfare" means the wellbeing of animals and vegetation and the maintenance of property. 

{Env-A 302.01 has been moved and renumbered as Env-A 301.021 

PART Env-A 303 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient Air Quality Standards for Particulate Matter. The 

department shall detignate . primary ambient air quality @tandard and 4- secondary ambient air quality 

standards for particulate matter (PM) shall be as follows: 

For particulate matter PM measured in the ambient air as particles 10 micrometers in diameter or 

smaller (PM 10) (1) The annual primary and secondary ambient air quality standard5 shall be 50 micrograms 

per cubic meter (ug/m), annual arithmetic mean concentration; and (2) 1the 21 hour primary and secondary 

ambient air quality standards each shall be 150 micrograms per cubic meter (tug/m3), 24-hour average 

concentration; and 

For particulate matter PM measured in the ambient air as particles 2.5 micrograms in diameter or 

smaller (PM25): 

The annual primary and secondary ambient air quality standards each shall be 15.0 ugIm3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 635 

upg/m3 , 24-hour average concentration. 

Env-A 303.02 Determination of Attainment of Primary and Sec•ondar' PM Standards for Particulate 

Matter. The department shall determine the attainment of primary and secondary standards for particulate 

matter PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10 

--. -, -11 ' -.. 

- 

CFR 50; and (2) Tthe 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the expected number of days per calendar year with a 24-hour average concentration, as 

determined in accordance with 40 CFR 50 Appendix K99th percentile 24 hour concentration is lesG than or 

equal to 150 ug/m3, as determined in accordance with appendix N of 10 CFR 50., is equal to or less than 

one; and 

For particulate matter measured in the ambient air as PM 25 : 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the expected annual arithmetic mean concentratior as determined in accordance 

with 40 CFR 50 Appendix N, is less than or equal to 15.0 ug/m3 , as determined in accordance 

with appendix N of 10 CFR 50; and 

The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 
Added text in bold italics Initial Proposal 2-1-12 3 

Deleted text struck through 

CFR 50 Appendix N, is less than or equal to 635 ig/m3 , as determined in accordance with 

appendix N of 40 CFR 50. 

Env-A 303.03 Measurement of Particulate Matter in Ambient Air to Determine for PM Attainment of 

Standards Determinations. For thepurpose of determining attainment of the primary and secondary ambient 

air quality standardsfor PM specified in Env-A 303.01, particulatQ matter shall be measured in the ambient air 

the following shall apply: 

(a) ef-PM10 in the ambient air shall be measured by either: 

A reference method based on appendix lvi of 10 CFR 50 Appendix J and designated in 

accordance with 40 CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) Fei-PM2. 5 in the ambient air shall be measured by either: 

A reference method based on appendix L of-40 CFR 50 Appendix L and designated in 

accordance with 40 CFR 53; or 

An equivalent method designated in accordance, with 40 CFR 53. 

PART Env-A 304 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

SULFUR DIOXIDE 

Env-A 304.01 Primary and Secondary Ambient Air Ouality Standards for Sulfur Dioxide, CAS 7116 

09-4. The department shall designate 2 primary ambient air quality standards and ee secondary ambient air 

quality standards for sulfur dioxide (SO2), chemical abstracts service regis fry number (CAS #) 7446-09-5, 

shall be as follows: 

The annual primary ambient air quality standardfor SO2 shall be 0.030 75 parts per fflbillion 

(ppbi), or 80 uglm, annual arithmetic mean 1-hour average concentration7; and 

The 24 hour primary ambient air quality standard shall be 0.14 ppm or 365 ug/m, 24 hour 

average concentration. 

(ob) The secondary ambient air quality standardfor SO2 shall be 0.5 parts per million (ppm)_or 1300 

&g?m, 3-hour average concentration. 

Env-A 304.02 Determination of Attainment of Primary and Secondary SO, Standards for Sulfur 

Dioxide. The department shall determine the-attainment of the primary and secondary standards for sulfur 

dioxide SO 2specified in Env-A 304.01 as follows: 

(a) The annual primary ambient air quality standardfor SO2 shall be deemed to be attained when it-is 

not exceeded in a calendar year. the 3-year average of the annual 99" percentile of the daily maximum 1-

hour average concenfration, as determined in accordance with 40 CFR 50 Appendix T, is less than or 

equal to 75 ppb; and 

(eb) The secondary ambient air quality standard for SO2 'shall be deemed to be attained when it-is 

exceeded the 3-hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement of Sulfur Dioxide in Ambient Air to Determine for SO, Attainment of 

Standards Determination. For the purpose of determining attainment of the primary and secondary ambient 
Added text in bold italics Initial Proposal 2-1-12 4 

Deleted text struck through 

air quality standards for SO2 specified in Env-A 304.01, sulfur dioxide shall be measured in the ambient air 

shall be measured by either: 

The reference method described in appendix A of 40 CFR 50 Appendix A or A-i; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 PRIMARY AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air Oualitv Standards for Carbon Monoxide, CAS 630 08 0. The 

department shall designate 2 primary ambient air quality standards and no secondary ambient air quality 

standard for carbon monoxide (CO), CAS # 630-08-0, shall be as follows: 

The 8-hour primary ambient air quality standardfor CO shall be 9 ppm_or 10 milligrams per cubic 

meter (mgIm, 8-hour average concentration. 

The 1-hour primary ambient air quality standardfor CO shall be 35 ppm or 40 mglm, 1-hour 

average concentration. 

Env-A 305.02 Determination of Attainment of Primary GO Standards for Carbon Monoxide. The 

department shall determine the-attainment of the primary standards for carbon monoxide GO specified in 

Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standardfor CO shall be deemed to be attained when ii& 

exceeded the 8-hour average concenfration exceeds 9 ppm not more than once per calendar year7; and 

The 1-hour primary ambient air quality standard for CO shall be deemed to be attained when i-i 

exceeded the 1-hour average concenfration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement of Carbon Monoxide in Ambient Air. to Determine for CO Attainment of 

Standards Determination. For the purpose of determining attainment of the primary ambient air quality 

standardsfor CO specified in Env-A 305.01, carbon monoxide shall be measured in the ambient air shall be 

measured by either: 

A reference method based on appendix C of 40 CFR 50 Appendix G and designated in accordance 

with 40 CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 306 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

NITROGEN DIOXIDE 

Env-A 306.01 Primary and Secondary Ambient Air Ouality Standards for Nitrogen Dioxide, CAS 

.10102 11 0. The department shall designate one primary ambient air quality standard and ee-secondary 

ambient air quality standards for nitrogen dioxide (NO2), GAS #10102-44-0, shall be as follows: 

The annual primary ambient air quality standardfor NO2 shall be 53 ppb0.053 ppm or 100 

'g/-m, annual average arithmetic mean concentration 

The i-hour primary ambient air quality standard for NO 2shall be 100 ppb, i-hour average 

concentration; and 

(be) The secondary ambient air quality standard for NO2 shall be 0.053 ppm, equivalent to 100 ugIm 3, 

annual arithmetic mean concentration the same as that designated in (a), above. 
Added text in bold italics Initial Proposal 2-1-12 5 

Deleted text struck through 

Env-A 306.02 Determination of Attainment of NO 2Standard. 

The annual primary standard for NO 2specified in Env-A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO 2specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as 

determined in accordance with 40 CFR 50 Appendix 5, is less than or equal to 100 ppm. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when 

the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded 

to 3 decimal places, as further described in 40 CFR 50.11(g). 

Env-A 306.0203 Measurement of Nitrogen Dioxide in Ambient Air to Determine for NO 2 Attainment 

of Standards Determination. For the purpose of determining attainment of the primary and secondary 

ambient air quality standards specified in Env-A 306.01, NO 2 nitrogen dioxide shall be measured in the 

ambient air shall be measured by either: 

A reference method based on appendix F of 10 CFR 50 Appendix F and designated in accordance 

with 10 CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 307 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Quality Standards for Ozone, CAS 10028 15 6. 

The department shall designate 2 primary ambient air quality standds and 2 secondary ambient air quality 

standards for ozone, GAS #10028-15-6, shall be as follows: 

(a) The primary ambient air quality standardsfor ozone shall be+ 

For 1 hour average concentration, 0.12 ppm or 235 ug/mj-and 

For daily maximum 8 hour average, 0.0759 ppn daily maximum 8-hour average; and 

(b) The secondary ambient air quality standardfor ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Env-A 307.02 Determination of Attainment of Primary and Secondary Ozone Standards for Ozone. 

The department shall determine the attainment of the primary and secondary standards for ozone as follows: 

ii 

(b) Fer-tThe primary and secondary ambient air quality standards for ozone specified in Env-A 

307.018 hour standard, shall be deemed to be attained when the 3-year average of the annual fourth-highest 

daily maximum 8-hour average ozone concentration, as determined in accordance with 40 CFR 50 

Appendix F, is less than or equal to 0.0759 ppm, as determined in accordance with appendix I of 10 CFR 50. 

Env-A 307.03 Measurement of Ozone in Ambient Air to Determine for Ozone Attainment of 

Standards Determination. For the purpose of determining attainment of the primary and secondary ambient 

air quality standardsfor ozone specified in Env-A 307.01, ozone shall be measured in the ambient air shall 

be measured by either of the following: 
Added text in bold italics Initial Proposal 2-1-12 6 

Deleted text struck through 

a A reference method based on appendix D of-40 CFR 50 Appendix D and designated in 

accordance with 40 CFR 53w; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 308 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Ouality Standards for Lead, CAS 7139 92 1. The 

department shall designate one primary ambient air quality standard and eae-secondary ambient air quality 

standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standardfor lead shall be 4-0.15 ug/m3 , 3-month arithmetic 

mean concentration7; and 

The secondary ambient air quality standardfor lead shall be the same as thaWhe primary ambient 

air quality standard for lead designated in (a), above. 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient 

air quality standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 ug/m 3. 

Env-A 308.0203 Measurement of Lead in Ambient Air to Determine for Lead Attainment of Standards 

Determination. For the purpose of determining attainment of the primary and secondary ambient air quality 

standardsfor lead specified in Env-A 308.01, lead shall be measured in the ambient air shall be measured 

by either: 

A reference method based on appendix G of 10 CFR 50 Appendix G and designated in 

accordance with 40 CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53. 

Appendix A: State Statute, Federal Statute/Regulations Implemented 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 300 (also see RSA 125-C:4, 1(b) Parts listed below) 42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-C:4, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-C:4, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 RSA 125-C:4, 1(b) 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-04, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b) 40 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 
Added text in bold italics Initial Proposal 2-1-12 7 

Deleted text struck through 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant 

that has been designated as an equivalent method in accordance with part 53 of this chapter; it does not 

include a method for which an equivalent method designation has been cancelled in accordance with 

§53.1 1 or §53.16 of this chapter. 

(D Reference method means a method of sampling and analyzing the ambient air for an air pollutant that 

is specified as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accordanée with §53.1 1 or §53.1 6 of this chapter. 
FISCAL IMPACT STATEMENT 
Nil OFC LEG BDGT ASSI Fax 603-211-1097 Fab 92012 12;29pi P002/002 

LSAO 

FIS 12:015 

02/09/12 

Fiscal impact Statement for Department of Environmental Services rules governing Ambient Air 

Quality Standards. [Env-A 800] 

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

There are no costs associated with the proposed rules or the existing rules. 

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

The Clean Air Act (42 USC 7509) requires the US Environmental Protection Agency to 

promulgate national ambient air quality standards, which was done 40 CFR 50. Under 

42 USC 7510, NH is required to adopt a state Implementation plan providing for the 

implementation, maintenance, and enforcement of the ambient air quality standards 

promulgated pursuant to 42 USC 7509. No impact on state funds. 

Cost and benefits of the proposed rule(s): 

A. To State general or State special funds: 

None. 

B, To State citizens and political subdivisions: 

None. 

C. To independently owned businesses: 

None. 
RULEMAKING NOTICE FILING 
STATE OF NEw HAMPSHIRE 

17 ... Februaiy 10, 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 300: Ambient Air Quality Standards 

Questions from OLS regarding the Rulemaking Notice should be directed to Peter Demas at 271-

2464. 

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 

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

Karla McManus, DES ARD Planning and Rules Manager 

ARD Distribution list 
RULEMAKING NOTICE 

Notice Number 

1. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Rule Number Env-A 300 

RSA Authority: RSA 125-C:4, 1(b) 

Federal Authority: 42 U.S.C. §7409; 40 CFR 50; 

40 CFR 53 

Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

w/amendment x 

Short Title: Ambient Air Quality Standards 

(a) Summary of what the rule says and the effect of the rule on those regulated: 

Env-A 300, Ambient Air Quality Standards, establishes state ambient air quality standards (AAQS) for various 

types of pollutants emitted in or transported into New Hampshire, in accordance with RSA 1 25-C:4 and the 

federal Clean Air Act, 42 U.S.C. §7509, (CAA). Changes to the standards for particulate matter, sulfur dioxide, 

nitrogen dioxide, ozone, and lead are proposed to make them consistent with recently revised national ambient 

air quality standards, as required by the CAA. 

Specifically, DES is proposing the following substantive changes: 

Env-A 303, Ambient Air Quality Standards for Particulate Matter (PM) 

The annual primary and secondary standards for PM 10are revoked, and the 24-hour primary and secondary 

standards for PM2. 5are strengthened from 65 to 35 micrograms per cubic meter (j.i/m 3); 

Env-A 304, Ambient Air Quality Standards for Sulfur Dioxide 

The 24-hour and annual primary standards are revoked; they are replaced by a more protective 1-hour 

primary standard of 75 parts per billion (ppb); 

Env-A 306, Ambient Air Quality Standards for Nitrogen Dioxide 

A new 1-hour primary standard of 100 ppb is added; 

Env-A 307, Ambient Air Quality Standards for Ozone 

The 1-hour primary and secondary standards are revoked, and the 8-hour primary and secondary standards 

are strengthened from 0.08 to 0.075 parts per million (ppm); and 

Env-A 308, Ambient Air Quality Standards for Lead 

The primary and secondary standards are strengthened from 1.5 to 0.15 .tg/m3 . 

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

The proposed rule benefits the citizens of New Hampshire by strengthening the AAQS to better protect public 

health, public welfare, quality of life, and the environment. Sources that emit any of the 5 pollutants mentioned 

above could be affected by the changes to their standards. 

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

implement: 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 300 (also see 

Parts listed below) RSA 125-C:4, 1(b) 42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-C:4, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-C:4, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 RSA 125-C:4, 1(b) 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 
RULEMAKING NOTICE - Page 2 

(c) continued 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b) 40 CFR §50.12; 40 CFR 50 Appendix G 

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

Name: Karla McManus 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Manager 

Phone#: 271-6854 

Fax#: 271-1381 

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

http://des.nh.gov/organization/cornmissioner/legal/rulernaking/index .htm 800-735-2964 or dial 711 (in NH) 

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

specified: Thursday, April 5, 2012 at 4:00 p.m. 

IFax SE-mail El Other format (specify): 

9. Public hearing scheduled for: 

Date and Time: Monday, March 26, 2012 at 9:30 a.m. 

Place: Room 113 & 114, DES Office, 29 Hazen Drive, Concord, NH 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:015 , dated 02/092012: 

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

There are no costs associated with the proposed rules or the existing rules. 

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

The Clean Air Act (42 USC 7509) requires the US Environmental Protection Agency to promulgate national 

ambient air quality standards, which was done 40 CFR 50. Under 42 USC 7510, NH is required to adopt a state 

implementation plan providing for the implementation, maintenance, and enforcement of the ambient air quality 

standards promulgated pursuant to 42 USC 7509. No impact on state funds. 

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: 

The Department does not believe at this time that these changes will cause any political subdivisions of the 

state to incur any new or additional costs. 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. 
RULEMAKING REGISTER 
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: 

Fax (603) 271-7871 Website: www.gencourt.state.nh.uslrt4es/index.html Relay NH 1-800-735-2964 

VOLUME XXXII, Number 7, February 16, 2012 

TABLE OF CONTENTS 

1. OFFICE OF LEGISLATiVE SERVICES Page No. 

List of Notices of Proposed Rules NN 2012-16 through NN 2012-20 

andProposed Interim Rule INT 2012-2 

Notices of Proposed Rules and Proposed interim Rules 1 

2. COMMTITEE (JLCAR) 

REGULAR MEETING Friday, February 17,2012 9:00 a.m. 

Rooms 305/3 07, Legislative Office Building 

JLCAR MEETING DATES AND RELATED FILiNG DEADLINES 

FEBRUARY-J1JNE, 2012 

The JLCAR has voted to hold its regularly scheduled meetings for February through June, 2012 on the thi rd 

Friday of themonth as listed below. The miniiium 14-day "deadline" prior to the regular JLAR meeting is 

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

to RSA 541-A: 12,1 and RSA 541-A: 19, V. The TLCAR has 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 3 February 17 None 

March 2 March 16 March 30 

April 6 AprIl 20 May 4 

Máy4 May18 - June 1 

June 1 June 15 - June 29 
NEW HAMPSHIRE RULEMAKING REGISTER 

Notices of Proposed Rules 

Notice 

Number Rule Number A2ency and Short Title of Rule Page No. 

2012-16 Ph 1300 PharmacyBoard 1 

Pharmacist Administration of Vaccines. 

2012-17 Saf-C 1400 Department of Safety, Commissioner 3 

various sections Various Carnival-Amusement Rules, 

2012-18 Bor 200 State Building Code Review Board 6 

various sections Various Practice and Procedure Rules. 

2012-19 Ret 304 N.H. Retirement System 12 

Contribution Adjustment, Eamable Compensation Adjustment 

& Sôrvice Adjustment. 

2012-20 Env-A 300 Department of Environmental Services 9 

Air Related Programs 

Ambient Air Quality Standards. 

Notices of Proposed interim Rules 

Interim 

Notice 

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

(1NT2012-2) He-M 1302 Departmnt of Health and Human Services . 14 

various sections Fonner Div. of Mental Health. & Developmental Svcs. 

Nursing FaOility Preadmission Screening and Annual Resident 

Review. 

JLCAR MEETING. DATES AND RELATED FILING DEADLINES 

JULY-DECEMBER, 2012 

The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2012 on the 

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

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

541-A: 12, I and RSA 541-A: 19, V. The JLCAI& 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 5 July 19 August 2 

August 2 August16 . September 6 

September 6 September20 October 4 

October 4 . October 18 November 1 

November 1 November 15 December 6 

December 6 December 20 None 

-1- 
NEW HAMPSHIRE RULEMAKING REGISTER February 16, 2012 Page 12 

Notice Number 2012-20 Rule Number Env-A 300 

1. Agency Name & Address: 

Department of Envirorünental Services 

29 Hazen Drive 

P.O. Box 95' 

Concord, NH 03302-0095 

2. RSA Authority: 

3, Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

RSA 125-C:4, 1(b) 

42 U.S.C. §7409; 40 CFR 50; 

40 CFR 53 

w/amendment x 

'5. Short Title: Ambient Air Quality Standards 

6. (a) Summary of what the rule says and the effect of the rule, on those regulated: 

Env-A 300, Ambient Air Quality Standards, establishes state ambient air quality standards (AAQS) for various 

types of pollutants emitted in or transported into New Hampshire, in accordance with RSA 125-C:4 and the 

federal Clean Air Act,. 42 U.S.C. §7509, (CAA). Changes to the standards for particulate matter, sulfur dioxide, 

nitrogen dioxide, ozone, and lead are proposed to make them consistent with recently revised national ambient 

air quality standards, as required by the CAA. 

Specifically, DES is proposing the following substantive changes: 

Env-A 303, Ambient Air Oualit'v Standar4cjor Particulate Matter (FM) 

The annual primary and secondary standards for FM1 0 are revoked, and the 24-hour primary and secondary 

standards for FM2. are strengthened from 65 to 35 micrograms per cubic meter (j.i/m3);. 

Env-A 304.Ambient Air OualitvStandards for Sulfur Dioxide 

The 24-hour and annual primary standards are revoked; they are replaced by a more protective l-hpur 

primary standardof 75 parts per billion (ppb); 

Env-A 306, Ambient Air Ouali&Standards for Nitrogen Dioxide. 

A new 1-hour primary standard of 100 ppb is added; 

Env-A 307, Ambient Air Quality Standards for Ozone 

The 1-hour primary and secondary standards are revoked, and the 8-hour primary and secondary standards 

are strengthened from 0.08 to.0.075 parts per million pm); and 

Env-A 308, Ambient Air Quality Standards for Lead 

The primary and secondai'y standards are strengthened from 1.5 to 0.15 9/m3 . 

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

The proposed rule .benefits the citizens of New Hampshire by strengthening the AAQS to better protect public 

health, public welfare, quality of life, and the environment. Sources that emit any of the 5 pollutants mentioned 

above could be affected by the changes to their standards. 

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

implement: 

Rules 

, J State Statute Implemented Federal Statute/Regulations Implemented 

3 

'15°r RSA 125-C:4,I(b) 42 U.S.C. 7409; 40 CFR 53; 40 CFR 50 

Buy-A 302 RSA 125-C:4, 1(b)' 40 CFR §50.1 

Eny-A 303 , RSA 125-C:4, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 ' RSA 125-C:4, 1(b) ' 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 
NEW HAMPSHIRE RULEMAKING REGISTER February 16,2012 Page 13 

NN 2012-20 Continued 

(c) continued 

• Rules • State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I - 

Env-A 308 1 RSA 125-C:4, 1(b) 40 CFR §50. 12; 40 CFR 50 Appendix G 

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

Name: Karla McManus Title: 

Address: Iiepartment of Environmental Services Phone #: 

29 Hazen Drive 

P.O. Box 95 Fax#: 

Concord, NH 03302-0095 

The rules also can be viewed in RDF at 

http:fldesnh.gpv/orgànization/comrnjssjoner/lega1/ru1ernakjng/ind.htm 

ARD Planning and Rules Manager 

271-6854 

271-1381 

TI'YITDD Access: Relay NH 1-

800-735-2964 or dial 71.1 (in NH) 

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

specified: Thursday, April 5, 2012 at 4:00 p.m. 

am BE-mail EOther format (specify): 

Public hearing scheduled for: 

Date and Time: Monday, March 26, 2012 at 9:30 a.m. 

Place: Room 113 & 114, DES Office, 29 Hazen Drive, Concord, NH 

10, Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12:015 , dated 02/092012: 

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

There are no costs associated with the proposed rules or the existing rules. 

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

The Clean Air Act (42 USC 7509) requires the US.Environrnental Protection Agency to promulgate national 

ambient air quality standards, which was done 40 CFR 50. Under 42 USC 7510, NH is requiredto adopt a state 

implementation plan providing for the implementation, maintenance, and enforcement of the ambient air quality 

standards promulgated pursuant to 42 USC 7509. No impact on state funds. 

Cost and benefits of the proposed rule(s):. 

To State general or State special funds: 

None 

To State citizens and political subdivisions: 

Non 

To independently owned busInesses: 

None 

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

The Department does not believe at this time that these changes will cause any political subdivisions of the 

state to incur any new or additional costs. Acôordingly, the proposed rules do not vioiate 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. 
Added text in bold italics Initial Proposal 2-4 -12 1 

Deleted text struck through J 

01 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-C:4, 1(b) '. 

anwndment PART Env-A 301 through PART Env-A 308, eff. 2-28-04 (doc.#8054), to rea) 

___ • 

PART Env-A 301 PURPOSE SCOPE INTENT, AND DEFINITIONS APPLICABILITY 

• Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to 

support the policy and purpose articulated in RSA 125-C:1 and as required by §109 of the CleanAir Act 

(At), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the State of 

New Hampshire. pursuant to Bcction 109 of the Clean Air Act (Act), 49 CFR 53, and 40 CFR 50, as 

amended. These standards are intonded,to, be-protective of the public hea1thnd publio-;velfare in 

eoordancc with RSA 125 C;!. 

( 44#4 j46 i' /J' 

Env-A 302.01301.02 Intent of New Hampshire Standards. fe-The department shall designate intends 

the primary and secondary ambient air quality standards established in this chapter.to be at least as stringent 

as the federal primary and secondary ambient air quality standards, respectively. b)-The department shall 

not construe the adoption of these standards in 'any manner e-that would allow the significant deterioration 

of existing air quality in any portion of the state. . . .• 

Env-A 301.0203 Scope Applicability. This chapter shall apply statewide-to ambient levels of air 

statewide. . . . 

FART Env-A 3.02 REFERENCES; DEFINITIONS 

Env-A 301.03302.01 References, For the.purpose of this chapter, unless otherwise specifiedT all 

references to 40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2003 2011 edition.-ef 

Buy-A 301.04302.02 Definitions. For the purposes of this chapter, the following definitions shall 

apply: 

"Attainmeit"for a pollutant, including the terms "attained" and "attainmeiit", means the 

meeting or satifaction of a that the primary, or secondary ambient air quality standardfor that pollutant is 

met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 450.1(g), namely "a 

method' of sampling and analyzing the ai-nbicnt air for an air pollutant that has been designated as an 

eguivalent.method in accordance with part 53 of this-c1rnpter [cbater I];-it does not inàludc a method for 

which 'an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 of this 

chapter [chApter Tj"as reprinted in Appendix B; . . 

• "Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection'Ageizèy (EPA) which that is judged e.s-to be necessary 

to protect the-public health. For purposes of this definition, "public health" means the overall health and 

safety of the general-human population at large; . . 

(cI) "Reference method" means "reference method" as defined by, 40 CFR *50.1 (f, namely "a method 

of canipling and analyzing the ambient sit for an air pollutant that is speeifiod as a reference method in an 

pppendix to this part Fpert 50J, or a method that has been dQsignated as a reference method in accordance 

with part 53 of this chapter [chapter lJ; it doc.s not include a method for which a reference method 

designation has been cancelled in accordance with §53.11 or §53.16 of this chapter {ehapte-IJ" as reprinted 

in Appendix B; and • ' • '' • 
ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
Added text in bold italics Initial Proposal 2-1-12 

Deleted text struck through 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Edit. 'Env-A 300" 

Statutory Authority: RSA I 25-C:4, 1(b) 

Readopt with amendment IPR eff 2-28-04 (doc #8054), to read as 

follows: 

PART Env-A 301 PURPOSE, SCOPE INTENT, AND DEFINITIONS APPLICABILITY 

Env-A 301,01 Purpose. The purpose of this chapter is to establish ambient air quality standards to 

support the policy and purpose articulated in RSA 125-C:1 and as required by §109 of the clea,iAlr Act 

(Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the State of 

New Hampshire. pursuant to section 109 of the Clean Air Act (Act), 40 CFR 53, and 10 CFR 50, as 

amended. These standards are intended to be protective of th public health and public welfare in 

accordance with RSA 125 C: 1. 

the primary and secondary ambient air quality standards'stab 

as the federal primary and secondary ambient air quality s\andi 

not sm the adoption of. these standards in any manner'tof existinir quality in any portion of the state. 

EnvA\0 1.0203 Scope Applicability. This chapter shall 

(a*The department shall designate Intends 

ed in this chapter to be at leastas stringent 

, respectively. (b)-.The department shall 

would allow the significant deterioration 

statewide to ambient levels of air 

iUiPVU J 'apply" I For clarity and compliance with § 3.3 of Ch. 4 of the Manual, the I 1 6t sentence should be reworded as a purpose and made part of 

PARTEnv-A 302 REFERENCES; DEFINITIONS I 301.01, and the 2' sentence should be made part of 301.03. 

Env-A 3.01.03302.01 References. For the purpose of this chapter, unless otherwise specifled T all 

references to 40 CFR 50 and 40 2FR 53, including appendices, shall be to the July 1, 2003 2011 edition.-ef 

Env-A 301.01302.02 Definitions. For the purposes of this chapter, the following definitions shall 

apply: 

dJ'nt'e. the 

meeting or saticfpotiorVof a that the primary or secondary ambient air quality standard for that pollutant is 

met; Saying that a verb, a past tense, and a noun have the same moaning is unclear. Defining the past tense is unnecessary. 

"Equivalent method" means "equivalent method" as defined by 40 CFR50.1(g), namely "a 

method of sampling and analyzing the ambient air for an air pollutant that has been desidted as an 

equivalent method in accordance with paA 53 of this chapter [chapter IJ; it does not include a method for 

whioh an equivalont mothod designation has been cancelled in accordance with §53.11 or §53.16 of this 

chaptor [chapter IJ"as reprinted In Appendix .8; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) which that is judged e.s-to be necessary : 

to protect the-public health. For purposes of this definition, "public health" means the overall health and 

safety of the general human population at large; 

"Reference method" means "reference method" as definedby 40 CFR 450.1(0, namely "a method 

of sampling and analyzing the ambient air for an air pollutant that is specified as a reforonoe method in an 

appendix to this part [part 501, or a method that has been designated as a reference method in accordance 

with part 53 of this chapter [chapter I]; it does not include a method for which a reference method 

designation has been canôelled in accordance with §53.11 or §53.16 of this chaptur [chapter fl" as reprinted. 

inAppendixB; and . 
Added text in bold italics Initial Proposal 2-1-12 2 

Deleted text struck through 

(e) "Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator of EPA which that is judged as-to be necessary to protect the-public welfare from any known. 

or anticipated adverse effects of a pollutant. For purposes of this definition, "public welfare"means the wellbeing of animals and vegetation and the maintenance of property, 

{Env-A 3.02.01 has been moved and renumbered as Env-A 301.02} 

PART Env-A 303 'PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient.Air Ouality Standardsfor Particulate Matter. The 

departmnt shall designe te-4. primary ambient air quality standards and 4- secondary ambient air quality 

standards for particulate matter (FM) shall be as follows: 

For particulate matter PM measured in the ambient air as particles 10 micrometers in diameter or 

smaller (PM 10)+, (1) The annual primary nd secondary ambient air quality standards shall be 50 micrograms 

per cubic meter (uWm), annual arithmetic mean concentration; and (2) Tthe 21 hour primary and secondary 

ambient air quality standards each shall be 150 micrograms per cubic meter ( ug/m3), 24-hour average 

concentration; and 

For particulate matter PMmeasured in the ambient air as particles 2.5 micrograms in diameter or 

smaller (PM2. 5): 

The annual primary and secondary ambient air quality standards each shall be 15.0 uug/m3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 635 

ugim3 , 24-hour average concentration. 

Env-A 303.02 Determination of Attainment of Primary and Secondary PM Standards for Particulate 

Matter. The department shall determine the attainment of primary and secondary standards for particulate 

matter PM specfled in Env.A 303.01 asfollows: 

(a) For particulate matter measured in the ambient air as PM 10 , 

ii 

..........................................--"-- .................. 

CFR 50; and (2) Pthe 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the expected number of days per calendar year with a 24-hour average concentration, as 

determined in accordance with 40 CFR 50 Appendix R99th percentile 24 hour concentration is less than or 

equalto 150 ug/m3 , as determined in acoordanee with appendix N of 10 CFR 50.,.is equal to or less than 

one; and 

• (b) For particulate matter measured in the ambient air as PM 2. 5 : 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the expected annual arithmetic mean concentration, as determined in accordance 

• with 40 CFR S0AppendixN, is less than or equal to 15.0 uWm3, as determined in accordance 

with appendix N of 10 CFR 50; and 

• The 24-hour primary and secondary ambient air quality,standards shall be deemed to be 

• ' ' , attained when the 98th percentile24-hour concentration, as determined in accordance with 40 
• Added text in bold italics Initial Proposal 2-1-12 3 

Deleted text struck through 

C'FR S0AppendixN, is less than or equal to 635'pg/rn3 , as dctermined in accordance with 

appendix N of 40 CFR 50. 

Env-A 303.03 Measurement of Particu late Matter in Ambiot Air to Determine for PM Attainment of 

Standards Determinations. For the purpse of determining attainment of the primary and secondary ambient 

air quality standardsfor PM spec jfied in Env-A 303.01, particulate matter shall be measured in the ambient air 

thejoiowing shall apply: 

(a) Fef-PM10 in the ambient air shall be measured by either: 

A reference method based on appendix M of 10 CFR 50 Appe,zdlx .1 and designated in 

accordance with 40 CFR 53; or . 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) Fef-PM257 in the ambient air shall be measured by either: 

Areference method based on appendix L of 40 CFR 50AppendixL and designated in 

accordance with 40 CFR 53; or . 

An equivalent method designated in accordance with. 40 CFR 53. 

PART Env-A 304 PRDvLRY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

SULFUR DIOXIDE . • . 

Env-A 304.01 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide. CAS 74i16 

The department shall designate 2 primary ambient air quality standards and one secondary ambient air 

quality standards for sulfur dioxide (SO2), chemical abstracts service registry number (VAS #) 7446-09-5, 

shall be as fàllows: . . . . . . . 

The annual primary ambient air quality standardfor SO2 shall be 0.030 75 parts per ffibillion• 

(ppb), or 80 uWm, annual arithmàtic mean 1-hour average concentration and . 

The 24 hour primary ambient air quality standard shall be 0.11 ppm or 365 ug/m', 24 hour. 

average concentration. 

(eb) The secondaryambient air quality standardfor SO2 shall be 0.5 parts per million (ppm)_or 1300. 

eg/, 3-hur average concentration. . . .. S 

Env-A 304.02 Determination of Attainment of Primary and Secondary SO Standards for Sulfur 

Dioxide. The department shall determine the-attainment of the primary and secondary standards for sulfur 

dioxide SO2 specfled In Env-A 304.01 as follows: 

• (a) The annual primary ambient air quality standardfor SO2 shall be deemed to be attained when 1t-is 

not exceeded in a calendar ydar. the 3-year average of the annual 99(11 percentile of the daily. maximum 1-

hour. average concentration, as determined in accordance with 40 CFR 50 Appendix T, is less than or 

equàlto 75ppb; and . . •. 

(eb) The secondary ambient air quality standàrdfor 502 shall be deemed to be attained when it-is 

exceeded the 3-hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement of Sulfur Dioxide in Ambient Air to Determine for S02 Attainment ef 

Standards Determination. For the purpose of determining attainment of the primary and secondary ambient 
Added text in bold italics Initial Proposal 2-1-12 4 

Deleted text struck through S 

air quality standardsfor SO2 speced in Env-A 304.01, sulfur dioxide shall be measured in the. ambient air 

shall be measured by either: 

The reference method described in appendix A of 40 CFR 50AppendixA or4-1; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 PPJMARY AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air Quality Standards for Carbon Monoxide. CAS 630 05 0. The 

department shall designate 2 primary ambient.air quality standards and no secondary ambient air quality 

standard for carbon monoxide (CO), CAS # 630-08-0, shall be as follows 

The 8-hour primary ambient air quality standardfor CO shall be 9 ppm_or 10 milligrams per cubic 

meter (mg/ma), 8-hour average concentration. S 

The 1-hour primary ambient air quality standardfor CO shall be 35 ppm_or 40 mg/ma, 1-hour 

average concentration. 0 

0 

Env-A 305.02 Determination of Attainment of Primary CO Standards for Carbon Monoxide. The 

department shall determine the-attainment of the primary standards for carbon monoxide CO spec Wed in 

Eizv-A 305.01 as follows: . 

(a) The 8-hour primary ambient air quality standardfor CO shall be deemed to be attained when 4t-6 

exceeded the 8-hour average concentration exceeds 9ppm not more than once per calendar yearT; and 

• (b) The 1-hour primary ambient air quality standardfor CO shall be deemed to be attained when 4t-is 

exceeded the 1-hour average concentration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement of Carbon Monoxide in Ambient Airto Determine for CO Attainment e4' 

Standards .Determinatio,1 For the purpose of determining attainment of the primary ambientair quality 

.standardsfor co spec Wed in E,n-A 305.01, carbon monoxide shall be measured in the ambient air shall be 

measured by either: . . 

(a) A reference method based on appendix C of 10 CFR 50 Appendix C and designated in accordance. 

with 40 CFR 53; or . . 

(b). An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 306 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

NITROGEN DIOXIDE . 

Env-A 306.01 Primary and Secondary Ambient Air Oualitv Standards for Nitrogen Dioxide. CAS 

10102 11 G. The department shall designate one primary ambient air quality standard and ee-secondary 

ambient air qual ity. standards for nitrogen dioxide (NO), CAS # 10102-44-0, shall be as follows: 

• (a) The annual primary ambient air quality standardfor NO 2shalibe 53 ppb0 .053 ppm or 100 

annual average ariththetic mean concentration7; 

('b) The 1-hoar primary ambient air quality standardfor NO2 shall be 100 ppb, 1-/jour average 

concentration; and . 

(bc) The secondary ambient air quality standardfor NO2 shall be 0.053 ppm, equivalent to 100 ug/m 3, 

annual arithmetic mean concentration the same as that designated in (a), above. . • 
•Added text in bold Italics Initial Proposal 2-1-12 5 

Deleted text struck through 

Env-A 306.02 Determination ofAttainment of NOStandard. 

(a)' The annual primary standardfor NO2 specified in Env-A 306. 01's/tall be deemed to be attained 

when the annual average concentration in a calendar, ye as determined In accordance with 40 C'FR 50 

Appendix S, is less than or equal to 53'ppb. 

The 1-hour primary standardfor NO2specified in Env-A 306.01 s/jail be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as 

determined in accordance with 40 C!FJ 50 Appendix S, is less than or eqqal to 100 ppin 

The annual secondary standard specfled in Env-A 306.01 shall be deemed to be attained when 

the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded 

to 3 decimal places, as further described in 40 CFR50.11'g).' 

Env-A 306.003 Measurement of Nitrogen Dioxide in Ambient Air to Determinofor.NO,Attainment 

of Standards Determination, For the purpose of determining attainment of the primary and secordary 

ambient air quality standards specfled1n Env-A 306.01, NO2 nitrogen dioxide shall be meaoured in the 

ambient air shall be measured by either: 

• (a) A reference method based on appendix' F of-40 CFR 50 Appendix F and desinatcd in accordace 

with 40CFR 53; or ' 

(b) An equivalent method designated in accordance with 40 CFR 53. 

'PART Env-A 307 PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Quality Standards for Ozone. CAS 10028.15 6. 

The department shall designate 2 primary ambient air q'trnlity standards and 2 secondary ambient air quality 

standards for ozone, CAS # 10028-15-6, shall be as follows: •• 

(a) The primary ambient air quality ,standardsfor ozone shall be 

For 1 hour average concentration; 0.12 ppm or 235 u&'m-and ' 

For daily maximum 8.hour averag 0.0758 ppm, daily maxinzum8-hour average; and 

(b) The secondary ambient air quality standardsfor ozone shall be the same as 'the annual primary 

ambient airquality.standardfor ozoize designated in (a), above. 

Env-A 3.07,02 Determination of Attainment of Primary and Secondary Ozone Standards for Ozone. 

The department shall determine the attainment of the primary and secondary standardé for ozone as follows: 

• (a) For the 1 hour' standard, when the expected number of days per calendar year above the standard is 

equal to or less than one; as determined by appendix H of 40 CFR 50; and 

b) FeMThe primary and secondary ambient air quality standardsfor ozone specified in Env-A 

307.01 8 'hour standard, shall be deemed to be attained when the 3-year average of the annual fourth-highest 

daily maximum 8-hour average ozone concentration, as determined in acéordance with 40 CFR 50 

Appendix F, is less than or.equál to 0.0758 ppm, as determined in d000rthnoe with appendix I of 10 CFR 50. 

• , •Env-A307.03 Measurement of Ozone in Ambient Air.to Determine-for Ozone Attainment ef 

Standards Determination. For the purpose of determining attainment of the primary and secondary ambient 

,air quality standardsforzone specWed in Env-A 307.01, ozone shall be measured in the.ambient airsliall 

be'measured by either ofthe following: 
Added text in bold Italics Initial Proposal 2-1-12 6 

Deleted text struck through 

(a) a A reference method based on appendix D of4O CFR 50 Appendix Dand designated in 

accordance with 40 CFR 53 or 

• ('b,) An equivalent method designated in accordance with 40 CFR 53. 

• PART Env-A 308 PRiMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS FOR 

LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead. CAS 7439 924. The 

department shall designato one primary ambient air quality standard and ei4e-secQndary ambient air quality 

standards for lead and its compounds, C'AS # 7439-92-1, shall be as follows: 

The primary ambient air quality standardfor lead shall be -1--0.15.ug/m3 , 3-month arithmetic 

mean concentration and 

The secondary ambient air quality standardfor lead shall be the same as that-the primary ambient 

air quality standard for lead designated in (a), above. 

Env-A 308.02 Determination ofAttainment ofLead Standards. The primary and secondary ambient 

air quality standards for lead specfled iii Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 ug/m 3. 

• Env-A 308.0203 Measurement of Lead in Ambient Air to Determine for Lead Attainment of Standards 

Determination. For the purpose of determining attainment of the primary and secondary athbient air quality 

standárdsfor lead specj/ied in .Env-A 308.01, lead shall be measured. in the ambient air shall be measured 

by either: 

A reference method based on appendix G of 40 CFR 50 Appendix G and designated In 

accordance with 40 C'FR 53; or 

An equivalent method designated in accordance with 40 CFR 53. S 

Appendix A: Slate Statute, Federal Stat ute/R egidations Implemented 

Rules State Statute Implemented. Federal Statute/Regulations Implemented 

Env-A 300 (also see RSA 125-C:4,• 1(b) Parts listed below) .42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 • RSA 125-C:4, 1(b) 40CFR §50.1 

Bnv-A303 RSA 125-C:4, 1(b) • 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 • RSA 125-C:4, 1(b) . 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A• 

Env-A 305 • RSA 125-C:4, 1(b) 40 CFR §50.8;, 40 CFR 50 Appendix C 

Env-A 306 • RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR'50 Appendix F 

Env-A 307 • RSA 125-C:4, 1(b) . 40 CFR §50:9, §50.10; 40 CFR 50 AppendixH & I 

Env-A 308 RSA 125-C:4, 1(b) • .40 CFR.50.12; 49 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50..1 
Added text in bold italics Initial Proposal 2-1-12 7 

Deleted text struck through 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant 

that has been designated as an equivalent method in accoidance with part 53 of this chapter; it does not 

Include amethodfor which an equivalent method designation has been cancelled in accordance with 

§53.11 or §53.1 6 of this chapter. 

Reference method means a method of sampling and analyzing the ambient air for an air pollutant that 

is speced as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; It does not include a methodfor which a 

reference method designation has been cancelled in accordqnce with §53.11 or §53.1 6 of this chapter. 
PART 1, ARTICLE 28-a OF THE N. H. CONSTITUTION 

[Art.] 28-a. [Mandated Programs.] The state shall not mandate or 

assign any new, expanded or modified programs or responsibilities to 

any political subdivision in such a way as to necessitate additional local 

expenditures by the political subdivision unless such programs or 

responsibilities are fully fUnded by the state or unless such program's 

'or responsibilities are approved for funding by a vote of the local 

legislative body of the political subdivision. ' 

November 28, 1984 0 
Section 541-A:25 Unfunded State Mandates. Page 1 of.1 

TITLE LV 

PROCEEDINGS INSPECIAL CASES 

CHAPTER 541-A 

ADMINISTRATIVE PROCEDURE ACT 

Section 541-A:25 

5414:25 Unfunded State Mandates. - 

A state agency to which rulemaking authority has been granted, including those agencies, the 

rulemaking authority of which was granted prior to May 6, 1992, shall not mandate or assign any new, . 

expanded, or modified programs or responsibilities to any political subdivision in such a way as to 

neöessitate further expenditures by the political subdivision unless such programs or responsibilities are 

approved for funding by a vote of the local legislative body of the political subdivision. Such programs 

include those functions of a nature customarily undertaken by municipalities whether or not 

performance of such functions is required by statute. 

Such programs also include, but are not limited to, functions such as police, fire and rescue, roads 

and bridges, solid waste, sewer and water, and construction and maintenance of buildings and other 

municipal facilities or other facilities or functions undertaken by a political subdivision. 

Included in the scope and nature of such programs are those municipal functions which might be 

undertaken by a municipality or by a private entity and those functions which a municipality may legally 

choose not to undertake.. . . 

Source. 1994, 412:1, eff, Aug. 9, 1994. 

http://www.gencouitstate.nh.us/rsa/html/LV/54 1 -A/54 1 -A-25 .htm 04/06/2012 
04/06/2012 

Section 541 -A:26 Administration of Federal Mandates. Page 1 of I 

TITLE LV 

PROCEEDINGS IN SPECIAL CASES 

CHAPTER 541-A 

ADMINISTRATIVE PROCEDURE ACT 

Section 541-A:26 

0 

541-A:26 Administration Of Federal Mandates. - Any state agency, when administering federal. 

mandates, shall not mandate or assign to any political subdivision any new, expanded or modified 

programs or responsibilities additional to the federal mandate in such a way as to necessitate additional 

local expenditures by the political subdivision unless such programs or responsibilities are fully funded 

by the state or unless such programs or responsibilities are approved for funding by a vote of the local 

legislative body of the political subdivision. 

Source. 1994, 412:1, eff. Aug. 9, 1994. 
Section 541-A 27 Notification of Federal Statute and Regulation Page 1 of 1 

• TITLE LV. 

PROCEEDINGS IN SPECIAL CASES 

• •: . . . CHAPTER 541-A . ADMINISTR&TIVE PROCEDURE ACT 

Section 541-A:27 

541-A:27 Notification of Federal Statute and Regulation. - Any new, expanded, or modified 

programs or responsibilities based upon a federal mandate and iawfully mandated or assigned to any 

political subdivision shall specifically state the federal statute and, regulation requiring such new, 

expanded, ormodified programs or responsibilities. . . 

Source. 1994,412:1, eff. Aug. 9, 1994. • , . 

0 

http://www.gencourtstate.nh.us/rsa/htniIALV/541 -A/54 1-A-27.htm • 04/06/2012 
FEB-2-2Oj2 14:35 NHDES 602712967 P.02 

OFFICE OF LEOISLATIW BUDGET ASSISTANT -<s' 

KEQUST FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number -el Rule Number Env-A 300 

4(Y 

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

• 3. Federal Authority: 42 U.S.C. §7409; 40 CR 50; 40 

Deparen( of Exwimnmevtai services • CFR 53 

29 Hazen 'Drive 4. Type of Action: . 

P.O. Box. 95 . Adoption 

Concord, NH 03302-0095 . 0 

'Repeal 

Readoption ' 

• . . . Readoption O x 

ar/amendment . 

• ..• . 1nte1m rule 

• 5. Have the rules Yes [1 No 

expix'ed?. . . 

• . 

., Date Expired: . .. • 0 • 

Short TItle: Ambient Air Quality Standards . • 

Contact Peraon. 

. 

Name: . '• . Title' 

Gretchen Haniel . Mxinistraror, Legal Unit 

Address: Departmentof Envinnirnental S•VOCS Phone #: 211-3137 29 Hszen Dnve . . 

P.O.Box95' . . . Fax: 2.71-8805 

Concord, NH 03302-0095 . . . . 

(1) Summarize the tule. 

This rule establishes state a biexitair quality standards (AAQS) for various types of pollutants emitted in or 

transported into New Hampshire, in accordance with RSA 1 25-C: 1 and the federal Clean Mr Act, 42TJ.S.C. 

§7509, (cAA): Changeè to the standards for particulate matter, sulfur dioxid; nitrogn dioxide, ozone, and lead 

are proposed to make them consistent with recently revised national ambient air quality standards, as required by 

t,heCAA. . . .. . 

Specifically, DES is proposing the following subs aritive cbnges: . S 

Env-A103. AmbfentAfr Quality Srandardsjbr Particzdate Matter (?M) . .. 

The annual primary and secondary standards for PMo are revoked, and the 24-houx primary and secondary 

standards for PM.5 are stràgthened from 65 to 35 zoicxugrams per CUbIC meter (.ilrn); 

Buy-A 3.04. Ambient 4!,- Quality Standardr for SuJfur Dioxide 

The 24-hour and annual primary standards are ravoked, they are replaced by a more protective i-hour ptimaxy 

standard of 75 parts per billion (ppb); . . ... - 

•- 
FEB-2--2012 14:35 NHDES 6032712667 P.03 XtEQUEST FOR ILCALI IMXAI.. I 6 I AL OAMI - 

nv-A 306. Ambient Air QiLality Standards for Nltrorsen Dioxide 

A new 1hour primary standard of 100 ppb Is added; 

EnvA 307. 4mbient4fr Quality Standards for Ozone 

The I -hour pimary and seáondaxy standards are revoked, and the 8-hour primary and secondary standards are 

stregthenod from 0.08 to 0.075 parts per rrüllion (ppm); and 

nv-A 308. Ambient 4fr Nag& Standqrds for Lead 

The pthuary and secondary standards are strengthened from 1.5 to 0.15 Lg/rn3 . 

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 itse'fmay not have a cost or benefit associated with it. Please state either the statute or chapter 

law that (sin ilgating this rule. 

There are no costs attributable to this rule. The proposed rule is being adopted pursuant to 1.SA 1'25-C:4, 1(b) 

which requires DES to adopt rules relative to prxnary and secondary ambient ait quality standards, 

Carnpare the cost of the proposed rule with the cost of the existing rule, ([Mere is on existing rule. 

There are no costs associated with either the proposed rule or the existing rule. 

DescrIbe the costs and benefits to the state generalfutid whIch wouW result from this rule. 

There are no costs orbenefits to the state general fund resulting from the proposed rule; 

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

affect statefunds? 

The CAA at 42 U.S.C. §7509 requires the U,S. Environmental Pmteution Agency PA) to promulgate national 

AAQS. EPA promulgated the AAQS in 40 CPR 50. Under 42 U.S.C. 7510, NH is required to adopt a state 

ixuplenientation plan providing for the implementation, maintenance, and enforcement of the AAQS promulgated 

pursuant to §7509. S 

Describe the coSt and benefits to any state specialfund which would result. 

There are no coats or bencts to any state special fund resulting from the proposed rule. 

Describe the costs and benefit.s to the political subdivisions ofthe state. 

There are no costs or benefits to political subdivisions of the state resulting from the proposed rule. 

Describe the costs and benchu:: to the citizens of11th state. 

There are no costs or benefits to the citizens of the stateresulting from the pruposd tule, 

l?escribe the costs and benefits to, any independently owned buinéss, including a descr(ption of the spect1c 

reporting and recordlceep(ng requirements upon those employingfewer than 10 employees. 

There are no costs or benefits to any independently owned business resulting from the proposed rule. There are 

no specific reporting or recordkceping requirements upon those employing fewer than 10 employees. 
FINAL PROPOSAL FILING 
STATE OF NEw HAMPSHIRE 

DATE July 16, 2012 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Final Proposal #2012-20 

TO Office of Legislative Services 

Division of Administrative Ru1es 

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 300: Ambient Air Quality Standards 

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

Enclosures 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

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

Notice Number 2012-20 Rule Number Env-A 300 

RSA Authority: RSA 125-04, 1(b) 

Federal Authority: 42 U.S.C. §7409; 40 CFR 50; 40 CFR 53 

Type of Action: 

Adoption 

LI Amendment 

Repeal 

Readoption 

Readoption w/amendment 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Short Title: Ambient Air Quality Standards 

Contact person for copies and questions: 

Name: Karla McManus 

Address: NH Dept. of Environmental Services 

29 Hazen Drive; P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Manager 

Phone #: (603) 271-6854 

Yes LI 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 February 16,2012. 

Yes LI N/A E 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 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, ifi. 

Yes Z 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 Z 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. 
Added text in bold italics #12 FP 2012-20 Annotated 07-12-12 1 

Deleted text struck through 

Readopt with amendment Env-A 300, eff. 2-28-04 (doc. #8054), to read as follows: 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-04, 1(b) 

PART Env-A 301 PURPOSE, INTENT, AND APPLICABILITY 

Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to: 

Support the policy and purpose articulated in RSA 125-C: 1 and as required by § 109 of the Clean 

Air Act (Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the 

State of New Hampshire7; and 

Env A 301.02 Intent of New Hampshire Standards. The department intends the primary and 

secondary ambient air quality standards established in this chapter to bBe at least as stringent as the federal 

primary and secondary ambient air quality standards, respectively._The department shall not construe these 

standards in any manner that would allow the significant deterioration of existing air quality in any portion of 

the state. 

Env-A 301.0302 Applicability. This chapter shall apply to ambient air statewide. The department 

shall not construe these standards in any manner that would allow the sign ificant deterioration of existing 

air quality in any portion of the state. 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 302.01 References. For the purpose of this chapter, unless otherwise specified all references to 

40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2011 edition. 

Env-A 302.02 Definitions. For the purposes of this chapter, the following definitions shall apply: 

"Attainment" for a pollutant, including the terms "attained" and "attainment", means that the 

primary or secondary ambient air quality standard, as applicable for that pollutanl, is met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 50.1(g), as reprinted in 

Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) that is judged to be necessary to protect 

public health. For purposes of this definition, "public health" means the overall health and safety of the 

human population at large; 

"Reference method" means "reference method" as defined by 40 CFR 50.1(t), as reprinted in 

Appendix B; and 

"Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator that is judged to be necessary to protect public welfare from any known or anticipated adverse 

effects of a pollutant. For purposes of this definition, "public welfare" means the well-being of animals and 

vegetation and the maintenance of property. 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient Air quality Standards for Particulate Matter. The 

primary and secondary ambient air quality standards for particulate matter (PM) shall be as follows: 

(a) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 10 micrometers in diameter or smaller (PM 10), the primary and secondary ambient air 
Added text in bold italics FP 2012-20 Annotated 07-12-12 2 

Deleted text struck through 

quality standards each shall be 150 micrograms per cubic meter (tgIm), 24-hour average concentration; and 

(b) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 2.5 micrograms micrometers in diameter or smaller (PM2. 5 ): 

The annual primary and secondary ambient air quality standards each shall be 15.0 .tgIm 3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 35 ig/m3 , 

24-hour average concentration. 

Env-A 303.02 Determination of Attainment of PM Standards. The department shall determine the 

attainment of primary and secondary standards for PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10, the 24-hour primary and secondary 

ambient air quality standards shall be deemed to be attained when the expected number of days per calendar 

year with a 24-hour average concentration above 150 pg/m 3, as determined in accordance with 40 CFR 50 

Appendix K450 tg/m, is equal to or less than one; and 

For particulate matter measured in the ambient air as PM 25 : 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the annual arithmetic mean concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 15.0 jLg/m 3 ; and 

The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 35 .tg/m 3 . 

Env-A 303.03 Measurement for PM Attainment Determinations. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for PM specified in Env-A 303.01, the 

following shall apply: 

(a) PM10in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40 

CFR53;or 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) PM2. 5in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 

CFR53;or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE 

Env-A 304.01 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide. The primary 

and secondary ambient air quality standards for sulfur dioxide (SO 2), chemical abstracts service registry 

number (CAS #) 7446-09-5, shall be as follows: 

The primary ambient air quality standard for SO2 shall be 75 parts per billion (ppb), 1-hour 

average concentration; and 

The secondary ambient air quality standard for SO 2shall be 0.5 parts per million (ppm), 3-hour 
Added text in bold italics FP 2012-20 Annotated 07-12-12 3 

Deleted text struck through 

average concentration. 

Env-A 304.02 Determination of Attainment of SO, Standards. The department shall determine 

attainment of the primary and secondary standards for SO2specified in Env-A 304.01 as follows: 

The primary ambient air quality standard for SO2shall be deemed to be attained when the 3-year 

average of the annual 99th percentile of the daily maximum 1-hour average concentrations, as determined in 

accordance with 40 CFR 50 Appendix T, is less than or equal to 75 ppb; and 

The secondary ambient air quality standard for SO 2shall be deemed to be attained when the 3-

hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement for SO, Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for SO2 specified in Env-A 304.01, 

sulfur dioxide in the ambient air shall be measured by either: 

The reference method described in 40 CFR 50 Appendix A or A-i; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air quality Standards for Carbon Monoxide. The primary ambient air 

quality standards for carbon monoxide (CO), CAS # 630-08-0, shall be as follows: 

The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average 

concentration7; and 

The 1-hour primary ambient air quality standard for CO shall be 35 ppm, 1-hour average 

concentration. 

Env-A 305.02 Determination of Attainment of CO Standards. The department shall determine 

attainment of the primary standards for CO specified in Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

8-hour average concentration exceeds 9 ppm not more than once per calendar year; and 

The i-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

1-hour average concentration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement for CO Attainment Determination. For the purpose of determining 

attainment of the primary ambient air quality standards for CO specified in Env-A 305.01, carbon monoxide 

in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix C and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Env-A 306.01 Primary and Secondary Ambient Air Ouality Standards for Nitrogen Dioxide. The 

primary and secondary ambient air quality standards for nitrogen dioxide (NO 2), CAS # 10102-44-0, shall be 

as follows: 

(a) The annual primary ambient air quality standard for NO 2shall be 53 ppb, annual average 
Added text in bold italics FP 2012-20 Annotated 07-12-12 4 

Deleted text struck through 

concentration; 

The 1-hour primary ambient air quality standard for NO 2shall be 100 ppb, 1-hour average 

concentration; and 

The secondary ambient air quality standard for NO 2shall be 0.053 ppm, equivalent to 100 Lg/m 3 , 

annual arithmetic mean concentration. 

Env-A 306.02 Determination of Attainment of NO, Standard. 

The annual primary standard for NO 2specified in Env-A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO2specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as determined 

in accordance with 40 CFR 50 Appendix S, is less than or equal to 100 ppm-ppb. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to 3 

decimal places, as further described in 40 CFR 50.11(g). 

Env-A 306.03 Measurement for NO, Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO 2in the 

ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix F; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Oualitv Standards for Ozone. The primary and 

secondary ambient air quality standards for ozone, CAS # 10028-15-6, shall be as follows: 

The primary ambient air quality standard for ozone shall be 0.075 ppm, daily maximum 8-hour 

average; and 

The secondary ambient air quality standard for ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Env-A 307.02 Determination of Attainment of Ozone Standards. The primary and secondary ambient 

air quality standards for ozone specified in Env-A 307.01 shall be deemed to be attained when the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentration, as determined in 

accordance with 40 CFR 50 Appendix P, is less than or equal to 0.075 ppm. 

Env-A 307.03 Measurement for Ozone Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for ozone specified in Env-A 307.01, 

ozone in the ambient air shall be measured by either of the following: 

A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 
Added text in bold italics FP 2012-20 Annotated 07-12-12 5 

Deleted text struck through 

PART Env-A 308 AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Env-A 308.01 Primary and Secondary Ambient Air quality Standards for Lead. The primary and 

secondary ambient air quality standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standard for lead shall be 0.15 .tg/m 3 , 3-month arithmetic mean 

concentration; and 

The secondary ambient air quality standard for lead shall be the same as the primary ambient air 

quality standard for lead designated in (a), above. 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient 

air quality standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 tg/m3 . 

Env-A 308.03 Measurement for Lead Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for lead specified in Env-A 308.01, 

lead in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 

53;or 

An equivalent method designated in accordance with 40 CFR 53. 

Appendix A: State Statute, Federal Statute/Regulations Implemented 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 300 (also see RSA 125-C:4, 1(b) Parts listed below) 42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-04, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-04, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 RSA 125-C:4, 1(b) 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-04, 1(b) 40 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 

(g) Eciuivalent method means a method of sampling and analyzing the ambient air for an air pollutant that 

has been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a 

method for which an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 

of this chapter. 

(1') Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is 

specified as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accordance with §53.11 or §53.16 of this chapter. 
#10 FP 20 12-20 Fixed Text 07-12-12 1 

Readopt with amendment Env-A 300, eff. 2-28-04 (doc. #8054), to read as follows: 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-C:4, 1(b) 

PART Env-A 301 PURPOSE, INTENT, AND APPLICABILITY 

Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to: 

Support the policy and purpose articulated in RSA 125-C: 1 and as required by § 109 of the Clean 

Air Act (Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the 

State of New Hampshire; and 

Be at least as stringent as the federal primary and secondary ambient air quality standards, 

respectively. 

Env-A 301.02 Applicability. This chapter shall apply to ambient air statewide. The department shall 

not construe these standards in any manner that would allow the significant deterioration of existing air 

quality in any portion of the state. 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 302.01 References. For the purpose of this chapter, unless otherwise .specified all references to 

40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2011 edition. 

Env-A 302.02 Definitions. For the purposes of this chapter, the following definitions shall apply: 

"Attainment" means that the primary or secondary ambient air quality standard, as applicable for 

that pollutant, is met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 50.1(g), as reprinted in 

Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) that is judged to be necessary to protect 

public health. For purposes of this definition, "public health" means the overall health and safety of the 

human population at large; 

"Reference method" means "reference method" as defined by 40 CFR 50.1(f), as reprinted in 

Appendix B; and 

"Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator that is judged to be necessary to protect public welfare from any known or anticipated adverse 

effects of a pollutant. For purposes of this definition, "public welfare" means the well-being of animals and 

vegetation and the maintenance of property. 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient Air Ouality Standards for Particulate Matter. The 

primary and secondary ambient air quality standards for particulate matter (PM) shall be as follows: 

(a) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 10 micrometers (PM 10), the primary and secondary ambient air quality standards each 

shall be 150 micrograms per cubic meter (jsg/m 3), 24-hour average concentration; and 
PP 2012-20 Fixed Text 07-12-12 2 

(b) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers in diameter or smaller (PM2. 5): 

The annual primary and secondary ambient air quality standards each shall be 15.0 J.tg/m 3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 35 .tg/m3 , 

24-hour average concentration. 

Env-A 303.02 Determination of Attainment of PM Standards. The department shall determine the 

attainment of primary and secondary standards for PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10, the 24-hour primary and secondary 

ambient air quality standards shall be deemed to be attained when the expected number of days per calendar 

year with a 24-hour average concentration above 150 JLg/m 3 , as determined in accordance with 40 CFR 50 

Appendix K, is equal to or less than one; and 

For particulate matter measured in the ambient air as PM 2.5 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the annual arithmetic mean concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 15.0 j.tg/m3 ; and 

The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 35 xg/m 3 . 

Env-A 303.03 Measurement for PM Attainment Determinations. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for PM specified in Env-A 303.01, the 

following shall apply: 

(a) PM1 0 in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40 

CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) PM2, 5in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 

CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE 

Env-A 304.01 Primary and Secondary Ambient Air quality Standards for Sulfur Dioxide, The primary 

and secondary ambient air quality standards for sulfur dioxide (SO2), chemical abstracts service registry 

number. (CAS #) 7446-09-5, shall be as follows: 

The primary ambient air quality standard for SO 2shall be 75 parts per billion (ppb), 1-hour 

average concentration; and 

The secondary ambient air quality standard for SO 2shall be 0.5 parts per million (ppm), 3-hour 

average concentration. 
FP 2012-20 Fixed Text 07-12-12 3 

Env-A 304.02 Determination of Attainment of SO7 Standards. The department shall determine 

attainment of the primary and secondary standards for SO2 specified in Env-A 304.01 as follows: 

The primary ambient air quality standard for SO2 shall be deemed to be attained when the 3-year 

average of the annual 99th percentile of the daily maximum 1 -hour average concentrations, as determined in 

accordance with 40 CFR 50 Appendix T, is less than or equal to 75 ppb; and 

The secondary ambient air quality standard for SO 2shall be deemed to be attained when the 3-

hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement for SO9 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for SO 2specified in Env-A 304.01, 

sulfur dioxide in the ambient air shall be measured by either: 

The reference method described in 40 CFR 50 Appendix A or A-i; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air quality Standards for Carboti Monoxide. The primary ambient air 

quality standards for carbon monoxide (CO), CAS # 630-08-0, shall be as follows: 

The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average 

concentration; and 

The i-hour primary ambient air quality standard for CO shall be 35 ppm, i-hour average 

concentration. 

Env-A 305.02 Determination of Attainment of CO Standards. The department shall determine 

attainment of the primary standards for CO specified in Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

8-hour average concentration exceeds 9 ppm not more than once per calendar year; and 

The 1-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

i-hour average concentration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement for CO Attainment Determination. For the purpose of determining 

attainment of the primary ambient air quality standards for CO specified in Env-A 305.01, carbon monoxide 

in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix C and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Env-A 306.01 Primary and Secondary Ambient Air Ouality Standards for Nitrogen Dioxide. The 

primary and secondary ambient air quality standards for nitrogen dioxide (NO2), CAS # 10102-44-0, shall be 

as follows: 

(a) The annual primary ambient air quality standard for NO2 shall be 53 ppb, annual average 

concentration; 
FP 2012-20 Fixed Text 07-12-12 4 

The 1-hour primary ambient air quality standard for NO2 shall be 100 ppb, 1-hour average 

concentration; and 

The secondary ambient air quality standard for NO 2shall be 0.053 ppm, equivalent to 100 ig/m3 , 

annual arithmetic mean concentration. 

Env-A 306.02 Determination of Attainment of NO, Standard. 

The annual primary standard for NO2 specified in Env-.A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO2specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as determined 

in accordance with 40 CFR 50 Appendix S, is less than or equal to 100 ppb. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to 3 

decimal places, as further described in 40 CFR 50.11(g). 

Env-A 306.03 Measurement for NO9 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO 2in the 

ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix F; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Env-A 307.01 Primary and Secondary Ambient Air quality Standards for Ozone. The primary and 

secondary ambient air quality standards for ozone, CAS # 10028-15-6, shall be as follows: 

The primary ambient air quality standard for ozone shall be 0.075 ppm, daily maximum 8-hour 

average; and 

The secondary ambient air quality standard for ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Env-A 307.02 Determination of Attainment of Ozone Standards. The primary and secondary ambient 

air quality standards for ozone specified in Env-A 307.01 shall be deemed to be attained when the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentration, as determined in 

accordance with 40 CFR 50 Appendix P, is less than or equal to 0.075 ppm. 

Env-A 307.03 Measurement for Ozone Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for ozone specified in Env-A 307.01, 

ozone in the ambient air shall be measured by either of the following: 

A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 
FP 2012-20 Fixed Text 07-12-12 5 

PART Env-A 308 AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Ouality Standards for Lead. The primary and 

secondary ambient air quality standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standard for lead shall be 0.15 j.iglm 3 , 3-month arithmetic mean 

concentration; and 

The secondary ambient, air quality standard for lead shall be the same as the primary ambient air 

quality standard for lead designated in (a), above. 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient 

air quality standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 ig/m3 . 

Env-A 308.03 Measurement for Lead Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for lead specified in Env-A 308.01, 

lead in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 

Appendix A: State Statute, Federal Statute/Regulations Implemented 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 300 (also see RSA 125-C:4, 1(b) Parts listed below) 42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-04, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-C:4, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 RSA 125-04, 1(b) 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-04, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50. 10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b) 40 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant that 

has been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a 

method for which an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 

of this chapter. 

(t) Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is 

specified as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accordance with §53.11 or §53.16 of this chapter. 
ANNOTATIONS TO THE FINAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
VA? 

JUL1.6 20 

1OVER SHEET FOR FINAL 

Notice Number 2012-20 Rule Number Env-A 300 

1. Agency Name & Address: 

NH Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

D4 -a 

RSA Authority: RSA 125-C:4, 1(b) 

Federal Authority: 42 U.S.C. §7409; 40 CFR 50; 40 CPR 53 

Type of Action: 

[J Adoption 

U Amendment 

Repeal 

El Readoption 

Readoption w/amendment 

Short Title: Ambient Air Quality Standards 

Contact person for copies and questions: 

Name: Karla McManus 

Address: NH Dept. of Environmental Services 

29 Hazen Drive; P.O. Box 95 

Concord, NH 03302-0095 

Titre: ARD Planning and Rules Manager 

Phone #: (603) 271-6854 

Yes U 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' February 16,2012. 

Yes U 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 TEE 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, 11 as an 

appendix. 

Yes N/A 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-Al2, M. 

Yes 'N/A U 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 U N/A 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. 

'- 
/ 

/ 

/'6. (c) continued 

I 

RULEMAKING NOTICE Page 2 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50,11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendb H & I 

Env-A 308 RSA 125-C:4, 1(b) 40 CFR. §50.12; 40 CFR 50 Appendix G 

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

Name: Karla McManus Title: ARD Planning and Rules Manager 

Address: Department of Environmental Services Phone #: 271-6854 

29 Hazen Drive 

P.O,Box95 Fax#: 2717 1381 

Concord, NH 03302-0095 

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

htt.p://des.nh.gLganizatiori/commissioner/lega1Jru1emaldng/jndex.htm 800-735-2964 or dial 711 (in NH) 

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

specified: Thursday, April 5, 2012 at 4:00 p.m. 

Fax NE-mail . 0 Other format (specify): 

9. Public hearing scheduled for: 

Date and Tirn: Monday, March 26, 2012 at 9:30 a.m. 

Place: Room 113 & 114, DES Office, 29 Hazen Drive, Concord, NH 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 12015 . dated 02/092012: 

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

There are no costs associated with the proposed rules or the existing rules. 

Cite the Fedeta1 mandate. Identify the impact on state funds: 

The Clean Air Act (42 Usc 7509) requires the US Environmental Protection Agency to promulgate national 

ambient air quality standards, which was done 40 CPR 50. Under 42 Usc 7510, NH is requiredto adopt a state 

implementation plan providing for the implementation, maintenance, and enforcement of the ambient air quality 

standards promulgated pursuant to 42 USC 7509. No impact on state funds. 

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: 

ThTthNiw HampshireCoiititutiñ, becituse they do not assign any. new, modified, or expanded programs 

or responsibilities to political subdivisions of the state. 

%iLCj f g f4! has no'tü om the flXt p 9/3,4t 'fhe 4peo.rs' . 

4 ;oca 'tiJLCA j: 1244 jStiit'i)' i-j ti. 1-1t 

Wi&i- RSA S'1(-A 4'echr( pS4'iii-'o&is ct .J!t VIGtAI€ Z—A l&ss ft 'frt 

; .a.a: - +i u4b4t 
NH OFC LEG BDGT ASST Fax 603-271-1097 F8b 92012 12;29pin P002/002 

/ 

1-BAC 

Ff5 12:015 

/ 02/09/12 

Fiscal Impact Statement for Department of Environmental Services rules governing Ambient Air 

Quality Standards, fEnv-A 3001 

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

There are no costs associted with the proposed ruiesor the existing rules. 

___ --- 

2. Cite the Federal mandate. Identify the im'j 

The Clean AirAct (42 usc requ}jpromulgate national ambient fr quality ! 

42 USC f6 NH is requirer/to adopt a 

imp1emerit!on, maintenan, and enfo 

promulg4(ed pursuant to 4 USC4-569 

17L.j4 

3, Cost and benefits of the proposed ruJe(s) 

on state funds: 

the US Environmental Protection Agency to 

indards, which was clone 40 CFR 50. Under 

hate implementation plan providing for the 

ment of the ambient air quality standards 

p impact on state funds. 

To State general or State specel funds 

None. 

To State citizens and political subdivisions 

independenfly sea 

7h f'Ajèr r r&njitc' 1vj proposel 

1z Ila.ved - , r&.&cL CofS. /ldwejve 

, o1( £l'ov; NH ; J'yfdd'&J law t 

gcd't 

Vnp 

j1evifc 1ovt -As reur€nesits wo.c/J .ie. hiipoS ct direliy by 

E?'I4 WA h4w1 C.ditV, 
FP 2012-20, ENv-A 300 

SUMMARY OF COMMENTS AND RESPONSES 

Env-A 300, Ambient Air Quality Standards, establishes state ambient air quality standards (AAQS) for 

various types of pollutants emitted in or transported into New Hampshire, in accordance with RSA 125-

C: 1 and the federal Clean Air Act, 42 U.S.C. §7509, (CAA). The CAA requires New Hampshire's 

AAQS to be at least as stringent as the federal AAQS as set forth in 40 CFR 50. Changes to the standards 

for particulate matter, sulfur dioxide, nitrogen dioxide, ozone, and lead are thus proposed to make them 

consistent with recently-revised national ambient air quality standards. 

The Department of Environmental Services proposed the following substantive changes: 

Env-A 303, Ambient Air Quality Standards for Particulate Matter (PM) 

The annual primary and secondary standards for PM 10are eliminated and the 24-hour primary and 

secondary standards for PM2. 5are strengthened from 65 to 35 micrograms per cubic meter (pim 3); 

nv-A 304, AmbientAir Quality Standards for Sulfur Dioxide Q1 

The 24-hour and annual primary standards are replaced by a more protective 1-hour primary standard 

of 75 parts per billion (ppb); 

Env-A 306, Ambient Air Quality Standards for Nitro.en Dioxide NO 

Anew 1-hour primary standard of 100 ppb is added; 

Env-A 307, Ambient Air Quality Standards for Ozone 

The 1-hour primary and secondary standards are eliminated and the 8-hourprimary and secondary 

standards are strengthened from 0.08 to 0.075 parts per million (ppm); and 

Env-A 308, Ambient Air. Quality Standards for Lead 

The primary and secondary standards are strengthened from 1.5 to 0.15 p.g/m 3 . 

Comments on the proposed rules were received by DES from the U.S. Environmental Protection Agency, 

the Sierra Club, and OLS/ Administrative Rules. A summary of the comments received and the agency's 

responses thereto follows. 

Comment: Env-A 303.02(a) should be revised as follows: 

(a) For partibulate matter measured in the ambient air as PM 10, the 24-hour primary and 

secondary ambient air quality standards shall be deemed to be attained when the expected number of 

days per calendar year with a 24-hour average concentration above 150 4ug/rn3, as determined in 

accordance with 40 CFR 50 Appendix K 150 m, is equal to or less than 'one; and 

Response: The recommended changes have been made. 

Comment: The proposed revisions to Env-A 304.03 incorporate improper methods for determining 

attainment of the 1-hour SO2 NAAQS, because the' determination can be made only through 

modeling. 

Response: EPA has not finalized its guidance to states on implementing the SO 2standard due to concerns 

raised about modeling. EPA has arranged several stakeholder meetings for later this month to gather 

more information on this subject. In a letter to state commissioners, Assistant Administrator 

McCarthy stated that due to this state of flux, states would not be required to submit modeling 

demonstrations showing attainment of the standard in unclassifiable areas in the state implementation 

plans due in June of 2013. Because proposed Env-A 304.03 is consistent with 40 CFR 50.17 and 

because EPA has not issued final guidance on how or when to use modeling to determine attainment 

of the one-hour SO2 standard, DES plans to adopt this rule as proposed and will made adjustments 

as/if needed once the final EPA guidance is received. 
FP 2012-20 Summary of comments and Responses 05-24-12 Page 2 

Comment: The language describing the hourly standards for S02 and NO2 in the proposed revisions 

should match the fonnulation in the federal regulations. 

Response: The proposed rule is the same as the federal rule except for the word "concentration" (which is 

plural in the federal rule); DES has added an "s" to "concentration" in the proposed final rule. 

Comment: TheNO2standard units are incorrect in Env-A 306.02. 

Response: DES agreas and has óhanged the units from "ppm" to "ppb" in the FP. 

Comment: The definitions for PM 1 0 and PM2.5 should track the definitions in the federal regulations. 

Response: DES agrees and has changed "micrograms" to "micrometers" in the description of PM 2.5in 

Env-A 303.01(b), and has added language used by EPA in defining those pollutants ("... PM 

measured in the ambient air as particles having an aerodynamic diameter less than or equal to a 

nominal [X1 micrometers in diamctcr or smaller (PM 1)), the primary and secondary ambient air 

quality standards ..."). 

• Comment: For clarity and compliance with §13 of Ch. 4 of the Manual, the l sentence of Env-A 301.02 

should be reworded as a purpose and made part of 301.01, and the 2,d sentence should be made part 

of 301.03. 

Response: The suggested revisions have been made. 

Comment: The word "construe" in the 2,d sentence of Env-A 301.02 should be changed to "apply". 

Response: The Department is not comfortable with changing "construe" to "apply" for two primary 

reasons. First, AAQS are not "enforced"gainst a company. One can only determine that an AAQS 

has been exceeded when monitoring shows this has. happened. SInce the Department does not 

maintain monitors at facilities, it is difficult to determine which facility or facilities are causing or 

contributing to the exceedance of a particular standard. (It might be wood stove or auto emissions 

that are primarily causing the exceedance.) Instead, the Department establishes emission limits or 

requires controls in facility permits by determining (through modeling) what amount of emissions 

under what circumstances might contribute to a violation of the AAQS. The limit is then set below 

that amount or require controls that will limit emissions to that amount or below. The Department 

then applies and enforces those limits/control requirements. 

Second, the Department believes that the word "construe" was originally required by EPA. Section 

160 of the CAA addresses Prevention of Significant Deterioration (PSD) and reads in part: 

SEC. 160. The purposes of this part are as follows: 

(1) to protect public health and welfare from any actual or potential adverse effect which in the 

Administrator's judgment may reasonably be anticipate[d] to occur from air pollution or from 

exposures to pollutants in other media, which pollutants originate as emissions to the ambient air, 

notwithstanding attainment and maintenance of all national ambient air quality standards; 

(emphasis added) 

As an example of what could happen, a new major source could assert that its modeling shows that its 

emissions will not violate the AAQS for SO2 . Even so, its emissions could exceed the PSD increment 

allOwed for SO2 in the area where the source intends to locate. Just not causing or contributing to a 

violation of the AAQS might not be sufficient to prevent significant deterioration of existing air 

quality. Thus, we can't construe the AAQS as allowing such a deterioration of air quality. 

Comment: Env-A 302.02(a) is unclear because it says that a verb, a past tense, and .a noun all have the 

same meaning. 

Response: The defined term has been changed to "attainment" and the alternate forms have been deleted. 
#10 FP 2012-20 Fixed Text 07-12-12 1 

Readopt with amendment Env-A 300, eff 2-28-04 (doc. #8054), to reaiM 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS trtll)JIi°' 

Statutory Authority: RSA 125-C:4, I(b) 

PART Env-A 301 PURPOSE, iNTENT, AND APPLI( I1Y L i 

Env-A 301.01 Purpo. The purpose of this chapter is to establish ambient air quality standards to: 

Support the policy and purpose articulated in RSA 125-C: 1 and as required by § 109 of the Clean 

Air Act (Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the 

State of New Hampshire; and 

Be at least as stringent as the federal primary and secondary ambient air quality standards, 

respectively. 

Env-A 301.02 Applicability. This chapter shall apply to ambient air statewide. The department shall 

not construe these standards in any manner that would allow the significant deterioration of existing air 

quality in any portion of the state. 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 302.01 References, For the purpose of this chapter, unless otherwise specified all references to 

40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2011 edition. 

Env-A 302.02 Definitions. For the purposes of this chapter, the following definitions shall apply: 

"Attainment" means that the primary or secondary ambient air quality standard, as applicable for 

that pollutant, is met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 50.1(g), as reprinted in 

Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) that is judged to be necessary to protect 

public health. For purposes of this definition, "public health" means the overall health and safety of the 

human population at large; 

"Reference method" means "reference method" as defined by 40 CFR 50.1 (f), as reprinted in 

Appendix B; and 

"Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator that is judged to be necessary to protect public welfare from any known or anticipated adverse 

effects of a pollutant. For purposes of this definition, "public welfare" means the well-being of animals .and 

vegetation and the maintenance of property. 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATfBR 

Env-A 303.01 Primary and Secondary Ambient Air Oualitv Standards for Particulate Matter, The 

primary and secondary ambient air quality stancthrds for particulate matter (PM) shall be as follows: 

(a) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 10 micrometers (PM10), the rimary and secondary ambient air quality standards each 

shall be 150 micrograms per cubic meter (j.g/m), 24-hour average concentration; and 
F? 2012-20 Fixed Text 07-1212 2 

(b) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers in diameter or smaller (PM2,5): 

The annual primary and secondary ambient air quality standards each shall be 15.0 jig/rn 3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 35 jig/rn3 , 

24-hour average concentration. 

Env-A 303.02 Determination of Attainment of PM Standards. The department shall determine the 

attainment of primary and secondary standards for PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10, the 24-hour primary and secondary 

ambient air quality standards shall be deemed to be attained when the expected number of days per calendar 

year with a 24-hour average concentration above 150 jig/rn 3, as determined in accordance with 40 CFR 50 

Appendix K, is equal to or less than one; and 

For particulate matter measured in the ambient air as PM 2, 5: 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the annual arithmetic mean concentration, as determined in 'accordance with 40 

CFR 50 Appendix N, is less than or equal to 15.0 ig/m 3 ; and 

The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 35 jig/rn3 . 

Env-A 303.03 Measurement for PM Attainment Determinations. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for PM specified in Env-A 303.01, the 

following shall apply: 

(a) PM10in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40. 

CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) PM2. 5in the ambient air shll be measured by either: 

A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 

CFR53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXDE 

Env-A 304.01 Primary and Secondary Ambient Air Oualitv Standards for Sulfur Dioxide. The primary 

and secondary ambient air quality standards for sulfur dioxide (SO 2), chemical abstracts service registry 

number (CAS #) 7446-09-5, shall be as follows: 

The primary ambient air quality standard for SO 2shall be 75 parts per billion (ppb), 1-hour 

average concentration; and 

The secondary ambient air quality standard for SO2 shall be 0.5 parts per million (ppm), 3-hour 

average concentration. . 
F? 2012-20 Fixed Text 07-12-12 3 

Env-A 304.02 Deterininttion of Attainment of SO, Standards. The department shall determine 

attainment of the primary and secondary standards for SO 2specified in Env-A 304.01 as follows: 

The primary ambient air quality standard for SO2shall be deemed to be attained when the 3-year 

average of the annual percentile of the daily maximum 1-hour average concentrations 3as determined in 

accordance with 40 CFR 50 Appendix T, is less than or equal to 75 ppb; and 

The secondary ambient air quality standard for SO 2shall be deemed to be attained when the 3-

hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement for SO2 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for SO 2specified in Env-A 304.01, 

sulfur dioxide in the ambient air shall be measured by either: 

The reference method described in 40 CFR 50 Appendix A or A-i;' or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air Oualitv Standards for Carbon Monoxide. The primary ambient air 

quality standards for carbon monoxide (CO), CAS # 630-08-0, 'shall be as follows: 

The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average 

concentration; and 

The 1-hour primary ambient air quality standard for CO shall be 35 ppm, 1-hour average 

concentration. 

Env-A 305.02 Determination of Attainment of CO Standards. The department shall determine 

attainment of the primary standards for CO specified in Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

8-hour average concentration exceeds 9 ppm not more than once per calendar year:; and. 

The 1-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

1-hour 'average concentration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement for CO Attainment Determination. For the purpose of determining 

attainment of the primary ambient air quality standards for CO specified in Env-A 305.01, carbon monoxide 

• in the ambient air 'shall be measured by either: 

(a) A reference method based on 40 CFR 50 Appendix C and designated in accordance with 40 CFR. 

53;or 

• (b) An equivalent method designated in accordance with 40 CPR 53. 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Env-A 306,01 Primary and Secondary Ambient Air Ouality Standards for Nitrogen Dioxide. The 

primary and secondary ambient air quality standards for nitrogen dioxide (NO2), CAS # 10102-44-0, shall be 

as follows: 

• (a) The annual primary ambient air quality standard for NO 2shall be 53 ppb, annual average 

concentration; 
FP2012-20 FixedText 07-12-12 4 

The 1-hour primary ambient air quality standard for NO2shall be 100 ppb, 1-hour' average 

concentration; and 

The secondary ambient air quality standard for NO 2shall be 0.053 ppm, equivalent to 100 p.gIm3, 

annual arithmetic mean concentration. 

Env-A 306.02 Determination of Attainment of NO, Standard. 

The annual primary standard for NO 2specified in Env-A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO 2specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1 -hour average, as determined 

in accordance with 40 CFR 50 Appendix S, is less than or equal to 100 ppb. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to 3 

decimal places, as further described in 40 CFR 50.11(g). 

Env-A 306,03 Measurement for NO9 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO 2in the 

ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix F; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Ouality Standards for Ozone. The primary and 

secondary ambient air quality standards for ozone, CAS # 10028-15-6, shall be as follows: 

The primary ambient air quality standard for ozone shall be 0.075 ppm, daily maximum 8-hour 

average; and 

The secondary ambient air quality standard for ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Env-A 307.02 Determination of Attainment of Ozone Standards. The primary and secondary ambient 

air quality standards for ozone specified in Env-A 307.01 shall be deemed to be attained when the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentration, as determined in 

accordance with 40 CFR 50 Appendix P, is less than or equal to 0.075 ppm. 

Env-A 307.03 Measurement for Ozone Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for ozone specified in Env-A 307.01, 

ozone in the ambient air shall be measured by either of the following: 

A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 
PP 2012-20 Fixed Text 07-12-12 5 

PART Env-A 308 AMBffiNT AIR QUALJTY STANDARDS FOR LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead. The primary and 

secondary ambient air quality standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standard for lead shall be 0.15 jig/rn3, 3-month arithmetic mean 

concentration; and 

The secondary ambient air quality standard for lead shall be the same as the primary ambient air 

quality standard for lead designated in (a), above. 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient 

air quaiity standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 jig/rn 3 . 

Env-A 308.03 Measurement for Lead Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for lead specified in Env-A 308.01, 

lead in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 

53;or 

Anequivalent method designated in accordance with 40 CFR 53. 

Appendix A: State Statute, Federal StatutefRegulations Implemented 

Rules State Statute Implemented Federal StatutefRegulations Implemented 

ee RSA125-C:4, 1(b) 42 US.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-C:4, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-C:4, 1(b) 40 CFR §50,6, §50.7; 40 QR 50 Appendix L, M, & N 

Env-A 304 RSA 125-C:4, 1(b) 40 CPR §50.4,50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-C:4, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-C:4, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b) 140 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant that 

has been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a 

method for which an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 

of this chapter. 

(f) Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is 

specified as a reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accordance with §53.11 or §53.16 Of this chapter. 
,EB-2-2e12 14:35 NHDES 6e2712e67 P.02 

O1FXCE OF LEGISLATM BUDGET ASSIST#,J4T 

REQUEST FOR FISCAL JM'ACT STATEMENT (FIS) 

FIS Number - Rule Number Buy-A 300 

RSA Authority; R.SA 125-C:4, 1(a) 

Fedexa.1 Authority: 42 U.S.C. §7409; 40 CFR 50; 40 

CR 53 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

R.eadoptiou 

Readoption x 

w/amendxnent 

Interim rule 

S. Have the rules Yes 0 No 

expired? 

Date Bxpired: 

: Agency Name & Address: 

Depaxtment of Environmental Services 

29 Hazen Drive 

P.O. Box. 95 

Concord, NH 03302-0095 

Short Title: Ambient Air Quality Standards 

Contact Pexon 

Name: Title: 

Gretchen Ramel Adiistraiox Legal Unit 

Address: Department of Env x nxnental Services Phone #: 211-3137 

29 Hazen Drive 

Y.O. Box 95 Fax : 271-8805 

Concord, NH 03302-0095 

N. Summarize the tule. 

This rule establishes stare ambient air quality standards (AAQS) for various types of pollutants emitted in or 

transported into New Hampshire, in accordance with RSA 125-C:! and the federal Clean Air Act, 42 U.S.C. 

§7509, (CAA). Changes to the standards for particulate matter, sulfur dioxide, nitrogen dioxide, ozone, and lead 

are proposed to snake them conalatent with recently revised national ambient air quality standards, as required by 

t.hCCAA, 

Specifically, DES is proposing the following substantive changes; 

Env-A 303. Ambie'rtAfr Quali ty for Pareicukite Matter TM 

The annual primary and secondary standa1s for PN(0 are revoked and tle 24hour primary and secondary 

standards for PM2.5 are strengthened from 65 to 35 micmgrasns per cubic meter (zIm); 

Buy-A 304. Ambient 4irQuality Standards for Sulfi.tr Dioxide 

The 24-hour and annual primary standards are revoked; they are repl.aced by a more protective 1-hour primary 

standard of 75 parts per billion (ppb); 
flEB-02-2012 14 35 NHDES 

R.EQUST FOX& 5032712967 P.03 FZCAL LZVL.rAL. I 0 in 

Env-A 306, AmbIent Air Q_uafttY&andardy for Mtroen Dioxide 

A now 1liour primary standard. of 100 ppb is added; 

.7 

7 nv-A 307, .(mbient4fr Quality Standards for Ozone 

The lwhour priraxy and secondary standards are revoked, and the 8..hour primary and secondary standards axe 

strengthened from 0.08 to 0.075 parts per million (ppni); and 

Eriv-A 308. Ambieu Air Quality Standzrds for Lead 

The prixiiary and secondary standards are strengthened'frozu 1.5 to 0.15 19/m31 

Is the cost associated with this rule mandated by the rule or by state s*xtute? If Me cost it mandated by statute, 

then the ride itselfmay not have a cost or benefit associated with U. Please state either the statute or chapter 

law that Is instigating this nile. 

There are no costs altribtitable to this rule. The proposed rule is being adopted pursuant to RSA 125-C:4, 1(b) 

which requires DES to adopt niles relative to primary and secondary ambient air quaIit' standards. 

Compare the cost ofthe proposed rule with the cost ofthe existing rule, ifAhere Is an existing rule. 

There are no costs associated with either the proposed rule or the existing rule. 

Describe the costs and benefits to the state generalfund which would resultfrom this rule. 

There are no costs or benefits to the state general fund resulting from the proposed rule. 

Explain and cite the federal mandate for the proposed rule, (f there is such a mandate Now would the mandate 

affect stalefunds? 

The CAA at 42 U.S.C. §7509 requires the U.S. Environmental Protection Agency (.PA) to pwznulgate national 

AAQS. EPA promulgated the AAQS in 40 CPR 50. Under 42 U.S.C. 7510, NH is required to adopt a state 

implementation plan providing for the implementation, maintenance, and enforcement of the AAQS proniulgated 

pursuant to §7509. 

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

There are no costs or beneets to any state special fund resulting from the proposed rule. 

Describe the costs and benefits to (he political szthdMs(ons ofthe state. 

There are no costs or benefits to political sub&visions of the state resulting from the proposed rule. 

Describe the costS and benefits to the citizens ofthe state, 

There are no costs or benefits to the citizens of the statcresultin.g from the proposd rule. 

Describe the costs and benefits to any independently owned business, including a descripeion of the specflc 

reporting and recardkeeping requirements upon those ernployingfewer than 10 employees. 

There are no costs or benefits to any independe:ntly owned buiness resulting from the proposed rule. There are 

no specific reporting or recordkceping requirements upon those employing fewer than 10 employees. 
/9/12 Section 125-C :4 Rulemaking Authoilty; Subpoena Power. 

T1TLEX 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

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

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

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 systen as authorized by RSA 125-C:6, XEV, 

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

Devices, in addition to those devices defined under RSA 125-C2, subject to the permit requirements of 

RSA 125-C:1 1, as authorized by RSA 125-C:1 1, H. 

The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-

C:11, I andthe conformance of exempted devices to established standards, as authorized by RSA 125-C:11, 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, I. 

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

as authorized byRSA 125-C:12, IL 

(x) Fees for pemit application and review, as authorized byRSA 125-C:12, W-d. 

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

denial, suspension or revocation, as authorized byRSA 125-C:13. 

Procedures for air testing and monitoring and recordkeeping, as authorized byRSA 125-C :6, M. 

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

C:15, I. 

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

The manucture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. 

Applicability thresholds for emissions ofp articulate matter, mercury, and dioxin as provided in RSA 

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

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

required as provided inRSA 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, 

Standards and testing requirements for bioniass and eligible biothass fuel as authorized by RSA 125-C :6, 

XEV-a. 

I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the 

California air resources board relative to certifióation and testing of vapor recovery equipment. 

iww.gencourt.state.nh.us/rsajhtml/Y4125-C/125-C-4,htm 
/9/12 Section 125-C :4 RulemakIng Authority; Subpoena Power. 

I-b. In adopting rules under subparagraph 1(n), the department may incorporate by refrence other state test 

methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OT(i) 41/ 

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

II. The commissioner is authorized to issue subpoenas requiring the áttàndance 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, 3592. 1986, 202:8. 1996, 228:19, 104; 2782, 3. 2001, 2935. 2003, 137:3. 2004, 1752, eff 

May27, 2004. 2005, 1733, eff June 29, 2005. 2008, 1133, efE Aug. 2, 2008. 2010, 183:6, eff June 21, 

2010. 

iww.gencourt,state.nh.us/rsa/htnlIV125;,C/l25-C-4.htm 
,don 541-A:25 Unfunded State Mandates. Page 1 of 1 

/1 TITLE LV 

PROCEEDINGS IN SPECIAL CASES 

/ 

CHAPTER 541-A 

ADMINISTRATIVE PROCEDURE ACT 

Section 541-A:25 

541-A:25 Unfunded State Mandates. - 

A state agency to which rulemaking authority has been granted, including those agencie, the 

rulemaking authority of which was granted prior to May 6, 1992, shall not mandate or assign any new, 

expanded, or modified programs or responsibilities to any political subdivision in such a way as to 

necessitate further expenditures by the political subdivision unless such programs or responsibilities are 

approved for funding by a vote Of the local legislative body of the political subdivision. Such programs 

include those functions of a náture customarily undertaken by municipalities whether or not 

performance of such functions is required by statute. 

Such programs also include, but are not limited to, functions such as police, fire and rescue, roads 

and bridges, solid waste, sewer and water, and construction and maintenance of buildings and other 

municipal facilities or other facilities or functions undertaken by a political subdivision. 

Included in the scope and nature of such programs are those municipal functions which might be 

undertaken by a municipality or by a private entity and those functions which a municipality may legally 

choose not to undertake. 

Source. 1994, 412:1, eff. Aug. 9, 1994. 

hftp://www.gencourt.state.nh.us/rsa/html/LV/541 -A/54 1-A-25.htm 04/06/2012 
don 541-A:26 Administration of Federal Mandates. Page 1 of 1 

TITLELV 

PROCEEDINGS IN SPECIAL CASES 

CHAPTER 541-A 

ADMINISTRATIVE PROCEDURE ACT 

Section 541-A:26 

• 541-A:26 Administration of Federal Mandates. - Any state agency, when administering federal 

mandates, shall not mandate or assign to any political subdivision any new, expanded or modified 

programs or responsibilities additional to the federal mandate in such a way, as to necessitate aditional 

local expenditures by the political subdivision unless such programs or responsibilities are fully funded 

by the state or unless such programs or responsibilities are approved for funding by a vote of the local 

legislative body of the political subdivision. 

Source. 1994, 412:1, eff. Aug. 9, 1994. 

http://www.gencourt:state.nh.us/rsa/html/LV/541 -A/541 -A-26.htm 04/06/2012 
ion 541-A:27 Notificatipn of Federal Statute and Regulation. Page 1 of 1 

• TITLE LV 

PROCEEDINGS IN SPECIAL CASES 

CHAPTER 541-A 

ADMINISTRATWE PROCEDURE ACT 

Section 541-A:27 

541-A:27 Notification of Federal Statute and Regulation. - Any new, expanded, or modified 

programs or responsibilities based upon a federal mandate and lawfully mandated or assigned to any 

political subdivision shall specifically state the federal statute and regulation requiring such new, 

expanded, or modified programs or responsibilities. 

Source. 1994, 412:1, eff. Aug. 9, 1994. 

http://www.gencourt.state.nh.us/rsa/htmULV/541-A/541-A-27.htrn 04/06/2012 
UI.OoflflJMflIT 

§ 7409 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 5230 

after Aug. 7, 1977, to revise and reissue criteria relating 

to conoentrations of NO2over such period (not more 

than three hours) as he deems appropriate, with the 

criteria to include a discussion of nitric and nitrous 

acids, nitrites, nitrates, nitrosamines, and other carcinogenic and potentially carcinogenic derivatives of 

oxides of nitrogen. 

Subseos, (a), (f). Pub. L. 95-95, §105, added subsecs, (e) 

and W. 

EFFECTIVE ])ATE OF 1977 AMENDMENT 

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) 

of Pub. L. 95-95, set out as a note under section 7401 of 

this title. 

MODIFICATION OR RESCISSION OF RVL,ES, REPUI.ATIONS, 

ORDERS, DETERMINATIONS, CONTRACTS, OsarryrOATIONS, AuruORIzArroNs, DEI.EGATION5, AND OTHER 

ACTIONS 

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or 

other actions duly Issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as In effect 

immediately prior to the date of enactment of Pub. L. 

95-95 (Aug. 7, 1977) to continue in full force and effect 

until modified or rescinded in accordance with act July 

14, 1955, as amended by Pub. L. 95-95 [this chapter], see 

section 406(b) of Pub. L. 95-95, set out as an Effective 

Date of 1977 Amendment note under section 7401 of this 

title. 

* § 7409. National primary and secondary ambient 

air quality standards 

(a) Promulgation 

(1) The Administrator.- 

within 30 days after December 31, 1970, 

shall publish proposed regulations prescribing 

a national primary ambient air quality standard and a natiohal secondary ambient air 

quality standard for each air pollutant for 

which air quality criteria have been issued 

prior to such date; and 

after a reasonable time for interested 

persons to submit written comments thereon 

(but no later than 90 days after the initial publication of such proposed standards) shall by 

regulation promulgate such proposed national 

primary and secondary ambient air quality 

standards with such modifications as he deems 

appropriate. 

(2) With respect to any air pollutant for which 

air quality criteria are issued after December 31, 

1970, the Administrator shall publish, simultaneously with the Issuance of such criteria and 

Information, proposed national primary and secondary ambient air quality standards for any 

such pollutant. The prooedure provided for in 

paragraph (1)(B) of this subsection shall apply to 

the promulgation of such standards. 

(b) Protection of public health and welfare 

National primary ambient air quality 

standards, prescribed under subsection (a) of 

this section shall be ambient air quality standards the attainment and maintenance of which 

in the judgment of the Administrator; based on 

such criteria and allowing an adequate margin 

of safety, are requisite to protect the public 

health. Such primary standards may be revised 

In the same manner as promulgated. 

Any national secondary ambient air quality standard prescribed under subsection (a) of 

this section shall specify a level of air quality 

the attainment and maintenance of which In the 

judgment of the Administrator, based on such 

criteria, Is requisite to protect the public welfare from any known or anticipated adverse effacts associated with the presence of such air 

pollutant in the ambient air. Such secondary 

standards may be revised In the same manner as 

promulgated. 

National primary ambient air quality standard for nitrogen dioxide 

The Administrator shall, not later than one 

year after August 7, 1977, promulgate a national 

primary ambient air quality standard for N2 

concentrations over a period of not more than S 

hours unless, based on the criteria issued under 

section 7408(c) of this title, he finds that there is 

no significant evidence that such a standard for 

such a period Is requisite to protect public 

health, 

Review and revision, of criteria and standards; independent scientific review committee; appointment; advisory functions 

(1) Not later than Decembei 31, 1980, and at 

five-year Intervals thereafter, the Administrator 

shall complete a thorough review of the criteria 

published under section 7408 of this title and the 

national ambient air quality standards promulgated under this secIon and shall make such revisions in such criteria and standards and promulgate such new standards as may be appropriate in accordance with section 7408 of this 

title and subsection (b) of this section. The Administrator may review and revise criteria or 

promulgate new standards earlier or more frequently than required under this paragraph. 

(2)(A) The Administrator shall appoint an 

independent scientific review committee composed of seven members including at least one 

member of the National Academy of Sciences, 

one physician, and one person representing 

State air pollution control agencies. 

Not later than January 1, 1980, and at fiveyear Intervals thereafter, the committee referred to In subparagraph (A) shall complete a 

review of the criteria published under section 

7408 of this title and the national primary and 

secondary ambient air quality standards promulgated under this section and shall recommend to the Administrator any new national 

ambient air quality standards and revisions of 

existing criteria and standards as may be appropriate under section 7408 of this title and subsection (b) of this section. 

Such committee shall also (i) advise the 

Administrator of. areas In which additional 

knowledge is required to appraise the adequacy 

and basis of existing, new, or revised national 

ambient air quality standards, (Ii) describe the 

research efforts necessary to provide the required information, (iii) advise the Administrator on the relative contribution to air pollution ooncentrations of natural as well as anthropogenic activity, and (iv) advise the Administrator of any adverse public health, welfare, social, economlo, or energy effects which may resuit from various strategies for attainment and 

maintenance of such national ambient air quality standards. 

(July 14, 1955, ch. 360, tItle I, §109, as added Pub. 

L. 91-604, §4(a), Dec. 31, 1970, 84 Stat, 1679; 
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Home Page > Executive Branch > Code of Federal Regulations> Electnic Code of Federal Regulations /0 

e-CFR Data is.current as of August 2,2012 

Title 40: Protection of Environment 

PART 50—NATIONAL PRIMARYAND SECONDARYAMBIENT AJR QUALITY STANDARDS 

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§ 50.1 Definftions. 

(a) As used in this part, all terms not defined herein shall have the meaning given them by the Act. 

(o)Act means the Clean Air Act, as amended (42 U.S.C. 1857-18571, as amended by Pub. L. 91-604). 

Agency means the Environmental Protection Agency. 

Administrator means the Administrator of the Environmental Protection Agency. 

Ambient air means that portion of the atmosphere, external to buildings, to which the general public has access 

Reference method means a method of saniing and analyzing the anient air r an air pollutant that is specified 

as a reference method in an appendix to this part, or a method that has been designated as a reference method in 

accordance with part 53 of this chapter; it does not include a method for which a reference method designation has 

been cancelled in accordance with §53.11 or §53.16 of this chapter. 

Equivalent method means a method of sampling and analyzing the nibient air for an air pollutant that has been 

designated as an equivalent method in accordance with part 53 of this chapter; it does not include a method for 

which an equivalent method designation has been cancelled in accordance with §53.11 or § 53.16 of this chapter. 

Traceable means that a local standard has been compared and certified either directly or via not more than one 

intermediate standard, toa primaiy standard such as a National Bureau of Standards Standard Reference Material 

(NBS SRM), or a USEPA/NBS-approved Certied Reference Material (CRM). 

(0 Indian countly is as defined in 18 U.S.C. 1 

-151. 

(j) Exceptional event means. anevent that aflects air quality, is not reasonably controllable or preventable, is an 

event caused by human activity that is unlikely to recur at a particular location or a natural event, and is detennined 

by the Administrator in accordance with 40 CFR 50.14 to be an exceptional event. It does not include stagnation of 

air masses or meteorological inversions, a meteorological event involving high temperatures or lack of precipitation, 

or air pollution relating to source noncompliance. 

(1.\ en, n,a# n,nn.,n nn nrnr,+ r, ,.rl,a1, ln.n,nn nn+nhr nlntvn 14+Ir% e%t. ng'% ,4s.nn+ ne-n.c.r,1 wslre 

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kry JYU&Ut# eyef&C 111VaLlb 411 VVVLA 111 W11141 I1ULLI4II a..L1vuy lJldyb ULLLV 01 110 U114 au41 ivi. 

(I) Exceedance with respect to a national ambient air quality standard means one occi.uence of a measured or 

modeled concentration that exceeds the specified concentration level of such standard fbr the averaging period 

specified by the standard. 

[3 6 FR 223 84, Nov. 25, 1971, asamendedat4l FR11253,Mar. 17, 1976;48FR2529,Jaa 20,1983; 63 FR 

7274, Feb. 12, 1998; 72 FR 13580, Mar. 22, 2007] 

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Title 40: Protection of Environment 

PART 50—NATIONAL PRIMARYAN D SECON DARYAMBIENT .JR QUALITY STANDARDS 

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§ 50.2 Scope. 

National primary and secondary ambient air quality standards under section 109 of the Act are set forth in this 

part. 

National primary ambient air quality standards define levels of air quality which the Administrator judges are 

necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality 

standards define levels of air quality which the Administrator judges necessary to protect the public we1re from 

any known or anticipated adverse eflbcs of a pollutant. Such standards are subject to revision, and additional 

primary and secondary standards may be promulgated as the Administrator deems necessary to protect the public 

health and wellre. 

The promulgation of national primary and secondary ambient air quality standards shall not be considered in any 

manner to allow significant deterioration of existing air quality in any portion of any State or Indian country. 

The proposal, promulgation, or revision of national primary and secondary ambient air quality standards shall not 

prohibit any State or Indian country from establishing ambient air quality standards for that State or area under a 

tribal CAA program or any portion thereof which are more stringent than the national standards. 

[36 FR 22384, Nov. 25, 1971, as amended at 63 FR 7274, Feb. 12, 1998] 

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Section 508 /Accesblllty 

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APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON 

ADMINISTRATIVE RULES 
STATE OF NEW HAMPSHIRE 

JILL K. SIEVEKING 

ACTING DIRECTOR 9 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

August 16, 201 

NOTICE NO. 20 12-20 

RULE #Env-A 300 

RELATIVE TO: Ambient Air Quality Standards 

hkb 

2 

LEGAL UMT 

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

above cited rule at its meeting on AUGUST 16, 2012 

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 rulesT in your proposal were 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 a nual 

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 dày after the filing, (2) 12:0 1 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, Acting 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 
ADOPTED RULE 
The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

Celebrating 25 Years of Protecting 

New Hampshire's Environment 

August 17, 2012 

Jill K. Sieveking, Acting Director 

do OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP #2012-20 

Dear Director Sieveking: 

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

have adopted the following rules, to be effective September 1, 2012: 

Env-A 300: Ambient Air Quality Standards 

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

meeting on August 16, 2012. 

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 Hamel, DES Legal Unit 

Public Information and Permitting Office 

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

Karla McManus, DES ARD Planning and Rules Manager 

www.des.nh.gov 

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

(603) 271-3503 • TDD Access: Relay NH 1-800-735-2964 
2012-20 Adopted Rule 08-17-12 1 

Readopt with amendment Env-A 300, eff. 2-28-04 (doc. #8054), to read as follows: 

CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS 

Statutory Authority: RSA 125-C:4, 1(b) 

PART Env-A 301 PURPOSE, INTENT, AND APPLICABILITY 

Env-A 301.01 Purpose. The purpose of this chapter is to establish ambient air quality standards to: 

Support the policy and purpose articulated in RSA 125-0 1 and as required by § 109 of the Clean 

Air Act (Act), 40 CFR 50, and 40 CFR 53 for various types of pollutants emitted in or transported into the 

State of New Hampshire; and 

Be at least as stringent as the federal primary and secondary ambient air quality standards, 

respectively. 

Env-A 301.02 Applicability. This chapter shall apply to ambient air statewide. The department shall 

not construe these standards in any manner that would allow the significant deterioration of existing air 

quality in any portion of the state. 

PART Env-A 302 REFERENCES; DEFINITIONS 

Env-A 302.01 References. For the purpose of this chapter, unless otherwise specified all references to 

40 CFR 50 and 40 CFR 53, including appendices, shall be to the July 1, 2011 edition. 

Env-A 302.02 Definitions. For the purposes of this chapter, the following definitions shall apply: 

"Attainment" means that the primary or secondary ambient air quality standard, as applicable for 

that pollutant, is met; 

"Equivalent method" means "equivalent method" as defined by 40 CFR 50.1(g), as reprinted in 

Appendix B; 

"Primary ambient air quality standard" means the level of air quality designated by the 

administrator of the U.S. Environmental Protection Agency (EPA) that is judged to be necessary to protect 

public health. For purposes of this definition, "public health" means the overall health and safety of the 

human population at large; 

"Reference method" means "reference method" as defined by 40 CFR 50.1(f), as reprinted in 

Appendix B; and 

"Secondary ambient air quality standard" means the level of air quality designated by the EPA 

administrator that is judged to be necessary to protect public welfare from any known or anticipated adverse 

effects of a pollutant. For purposes of this definition, "public welfare" means the well-being of animals and 

vegetation and the maintenance of property. 

PART Env-A 303 AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER 

Env-A 303.01 Primary and Secondary Ambient Air Ouality Standards for Particulate Matter. The 

primary and secondary ambient air quality standards for particulate matter (PM) shall be as follows: 

(a) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 10 micrometers (PM 10), the primary and secondary ambient air quality standards each 

shall be 150 micrograms per cubic meter (tg/m), 24-hour average concentration; and 
20 12-20 Adopted Rule 08-17-12 2 

(b) For PM measured in the ambient air as particles having an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers in diameter or smaller (PM2.5): 

The annual primary and secondary ambient air quality standards each shall be 15.0 .Lg/m 3 , 

annual arithmetic mean concentration; and 

The 24-hour primary and secondary ambient air quality standards each shall be 35 .tg/m 3 , 

24-hour average concentration. 

Env-A 303.02 Determination of Attainment of PM Standards. The department shall determine the 

attainment of primary and secondary standards for PM specified in Env-A 303.01 as follows: 

For particulate matter measured in the ambient air as PM 10, the 24-hour primary and secondary 

ambient air quality standards shall be deemed to be attained when the expected number of days per calendar 

year with a 24-hour average concentration above 150 Jtg/m 3 , as determined in accordance with 40 CFR 50 

Appendix K, is equal to or less than one; and 

For particulate matter measured in the ambient air as PM 25 : 

The annual primary and secondary ambient air quality standards shall be deemed to be 

attained when the annual arithmetic mean concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 15.0 p.g/m 3 ; and 

The 24-hour primary and secondary ambient air quality standards shall be deemed to be 

attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 

CFR 50 Appendix N, is less than or equal to 35 .tg/m 3 . 

Env-A 303.03 Measurement for PM Attainment Determinations. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for PM specified in Env-A 303.01, the 

following shall apply: 

(a) PM10in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40 

CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53; and 

(b) PM2. 5in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 

CFR 53; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 304 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE 

Env-A 304.01 Primary and Secondary Ambient Air Ouality Standards for Sulfur Dioxide. The primary 

and secondary ambient air quality standards for sulfur dioxide (SO 2), chemical abstracts service registry 

number (CAS #) 7446-09-5, shall be as follows: 

The primary ambient air quality standard for SO2 shall be 75 parts per billion (ppb), 1-hour 

average concentration; and 

The secondary ambient air quality standard for SO 2shall be 0.5 parts per million (ppm), 3-hour 

average concentration. 
2012-20 Adopted Rule 08-17-12 3 

Env-A 304.02 Determination of Attainment of SO2 Standards. The department shall determine 

attainment of the primary and secondary standards for SO2 specified in Env-A 304.01 as follows: 

The primary ambient air quality standard for SO2 shall be deemed to be attained when the 3-year 

average of the annual 99th percentile of the daily maximum 1-hour average concentrations, as determined in 

accordance with 40 CFR 50 Appendix T, is less than or equal to 75 ppb; and 

The secondary ambient air quality standard for SO 2shall be deemed to be attained when the 3-

hour average concentration exceeds 0.5 ppm not more than once per calendar year. 

Env-A 304.03 Measurement for SO, Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for SO2 specified in Env-A 304.01, 

sulfur dioxide in the ambient air shall be measured by either: 

The reference method described in 40 CFR 50 Appendix A or A-i; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 305 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 

Env-A 305.01 Primary Ambient Air Ouality Standards for Carbon Monoxide. The primary ambient air 

quality standards for carbon monoxide (CO), CAS # 630-08-0, shall be as follows: 

The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average 

concentration; and 

The 1-hour primary ambient air quality standard for CO shall be 35 ppm, i-hour average 

concentration. 

Env-A 305.02 Determination of Attainment of CO Standards. The department shall determine 

attainment of the primary standards for CO specified in Env-A 305.01 as follows: 

The 8-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

8-hour average concentration exceeds 9 ppm not more than once per calendar year; and 

The 1-hour primary ambient air quality standard for CO shall be deemed to be attained when the 

1-hour average concentration exceeds 35 ppm not more than once per calendar year. 

Env-A 305.03 Measurement for CO Attainment Determination. For the purpose of determining 

attainment of the primary ambient air quality standards for CO specified in Env-A 305.01, carbon monoxide 

in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix C and designated in accordance with 40 CFR 

53;or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 306 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE 

Env-A 306.01 Primary and Secondary Ambient Air quality Standards for Nitrogen Dioxide. The 

primary and secondary ambient air quality standards for nitrogen dioxide (NO 2), CAS # 10102-44-0, shall be 

as follows: 

(a) The annual primary ambient air quality standard for NO2 shall be 53 ppb, annual average 

concentration; 
2012-20 Adopted Rule 08-17-12 4 

The 1-hour primary ambient air quality standard for NO2 shall be 100 ppb, 1-hour average 

concentration; and 

The secondary ambient air quality standard for NO 2shall be 0.053 ppm, equivalent to 100 pg/m3 , 

annual arithmetic mean concentration. 

Env-A 306.02 Determination of Attainment of NO7 Standard. 

The annual primary standard for NO2specified in Env-A 306.01 shall be deemed to be attained 

when the annual average concentration in a calendar year, as determined in accordance with 40 CFR 50 

Appendix S, is less than or equal to 53 ppb. 

The 1-hour primary standard for NO2 specified in Env-A 306.01 shall be deemed to be attained 

when the 3-year average of the annual 98th percentile of the daily maximum 1-hour average, as determined 

in accordance with 40 CFR 50 Appendix S, is less than or equal to 100 ppb. 

The annual secondary standard specified in Env-A 306.01 shall be deemed to be attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to 3 

decimal places, as further described in 40 CFR 50.11(g). 

Env-A 306.03 Measurement for N07 Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO 2in the 

ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix F; or 

An equivalent method designated in accordance with 40 CFR 53. 

PART Env-A 307 AMBIENT AIR QUALITY STANDARDS FOR OZONE 

Env-A 307.01 Primary and Secondary Ambient Air Quality Standards for Ozone. The primary and 

secondary ambient air quality standards for ozone, CAS # 10028-15-6, shall be as follows: 

The primary ambient air quality standard for ozone shall be 0.075 ppm, daily maximum 8-hour 

average; and 

The secondary ambient air quality standard for ozone shall be the same as the annual primary 

ambient air quality standard for ozone designated in (a), above. 

Env-A 307.02 Determination of Attainment of Ozone Standards. The primary and secondary ambient 

air quality standards for ozone specified in Env-A 307.01 shall be deemed to be attained when the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentration, as determined in 

accordance with 40 CFR 50 Appendix P, is less than or equal to 0.075 ppm. 

Env-A 307.03 Measurement for Ozone Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for ozone specified in Env-A 307.01, 

ozone in the ambient air shall be measured by either of the following: 

A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 
20 12-20 Adopted Rule 08-17-12 5 

PART Env-A 308 AMBIENT AIR QUALITY STANDARDS FOR LEAD 

Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead. The primary and 

secondary ambient air quality standards for lead and its compounds, CAS # 7439-92-1, shall be as follows: 

The primary ambient air quality standard for lead shall be 0.15 ig/m 3 , 3-month arithmetic mean 

concentration; and 

The secondary ambient air quality standard for lead shall be the same as the primary ambient air 

quality standard for lead designated in (a), above. 

Env-A 308.02 Determination of Attainment of Lead Standards. The primary and secondary ambient 

air quality standards for lead specified in Env-A 308.01 shall be deemed to be attained when the maximum 

arithmetic 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50 

Appendix R, is less than or equal to 0.15 tg/m 3 . 

Env-A 308.03 Measurement for Lead Attainment Determination. For the purpose of determining 

attainment of the primary and secondary ambient air quality standards for lead specified in Env-A 308.01, 

lead in the ambient air shall be measured by either: 

A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 

53; or 

An equivalent method designated in accordance with 40 CFR 53. 

Appendix A: State Statute, Federal Statute/Regulations Implemented 

Rules State Statute Implemented Federal Statute/Regulations Implemented 

Env-A 300 (also see RSA 125-C:4, 1(b), Parts listed below) 42 U.S.C. §7409; 40 CFR 53; 40 CFR 50 

Env-A 302 RSA 125-04, 1(b) 40 CFR §50.1 

Env-A 303 RSA 125-04, 1(b) 40 CFR §50.6, §50.7; 40 CFR 50 Appendix L, M, & N 

Env-A 304 RSA 125-C:4, 1(b) 40 CFR §50.4, §50.5; 40 CFR 50 Appendix A 

Env-A 305 RSA 125-04, 1(b) 40 CFR §50.8; 40 CFR 50 Appendix C 

Env-A 306 RSA 125-C:4, 1(b) 40 CFR §50.11; 40 CFR 50 Appendix F 

Env-A 307 RSA 125-04, 1(b) 40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I 

Env-A 308 RSA 125-C:4, 1(b) 40 CFR §50.12; 40 CFR 50 Appendix G 

Appendix B: Definitions from 40 CFR §50.1 

(g) Equivalent method means a method of sampling and analyzing the ambient air for an air pollutant that 

has been designated as an equivalent method in accordance with part 53 of this chapter; it does not include a 

method for which an equivalent method designation has been cancelled in accordance with §53.11 or §53.16 

of this chapter. 

(f) Reference method means a method of sampling and analyzing the ambient air for an air pollutant that is 

specified as a, reference method in an appendix to this part, or a method that has been designated as a 

reference method in accordance with part 53 of this chapter; it does not include a method for which a 

reference method designation has been cancelled in accoEdance with §53.11 or §53.16 of this chapter. 
EVIDENCE OF PUBLIC NOTICE 

40 CFR Part 51, Appendix V, 2.1(f) 
Public Notice Print Page 1 of I 

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTA 

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-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 a public hearing on proposed 

amendments to the NH Code of Administrative Rules and the State Implementation Plan on Monday, March 

26, 2012. The public hearing will be held in Rooms 113 & 114, first floor of the offices of the Department 29 

HazenDrive, Concord, NH, At 9:30 am, on Monday, March 26, 2012, the Department will receive testImony 

from the public concerning the proposed readoptlon with amendments of Env-A 300: AmbIent Air Quality 

Standards. The purpose of this rule is to establish state ambient air quality standards for various types of 

poliutants emitted in or transported into New Hampshire, in accordance with RSA 125-C and the federal 

Clean Air Act (CAA). Changes to the standards for particulate matter, sulfur dioxide, nitrogen dioxide, ozone, 

and lead are proposed to make them consistent with recentiy revised national ambient air quality standards, 

as required by the CAA. Testimony may be presented orally and/or in writing at the Øubllc hearing. The 

Department will receive written comments on the proposed rules until 4:00 p.m. on Thursday, April 5, 2012. 

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 email at KarlaMcManus@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 tipL/c1es.n.....g 1 klng/inci!i . Questions 

regarding the proposed rulernakings should be directed to Karla McManus at (603) 271-6854. Thomas S. 

Burack Commissioner NH Department of Environmental Services Dated: February 21, 2012 

Appeared in: The Union Leader on Friday, 02/24/2012 

U F1 

http://nh.rnypublicnotices.corn/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=268.. . 2/24/2012 
590130 UNION LEADER CORPORATION 

P0 BOX 9513 

MANCHESTER, NH 03108 

STATE OF NH STI AIR RESOURCES COMM 

AU VALERIE DAVID 

P0 BOX 95 

CONCORD NH 03302-0095 

I hereby certify that the legal notice of PUB HEARING 3/26, 

Pa number:KARLA S. MCMANUS was published in the New Hampshire Union Leader 

and/or New Hampshire Sunday News, newspapers printed at Manchester, NH 

by the Union Leader Corp. 

On 

02/24/2012 

State of New Hampshire 

Hillsborough County 

Subscribed and sworn to before me this 

1st day of March, 2012 

... iT 

Notary Public 
CERTIFICATION OF PUBLIC HEARING 

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

Department of Environmental Services 

Thomas S. Burack, Commissioner 

Celebrating 25 years of protecting 

New Hampshire's environment. 

June 25, 2012 

I Hereby Certify: 

That, in accordance with the provisions of NH RSA 541-A: 11 and section 110(a) 

of the Clean Air Act, as amended, public notice was given specifying that a public 

hearing regarding the proposed readoption with amendments of Env-A 300 of the NH 

Code of Administrative Rules was to be held on March 26, 2012 at 9:30 a.m. in rooms 

113 and 114 of the offices of the New Hampshire Department of Environmental Services, 

Air Resources Division, 29 Hazen Drive, Concord, NH. The notice was published at 

least 30 days prior to the date of such hearing in a newspaper of general circulation. The 

notice stated that copies of documentation regarding the proposed readoption with 

amendments of Env-A 300 of the NH Code of Administrative Rules could be examined 

at the Department's offices or at 

http ://des.nh. gov/organizationlcomrnissioner/legal/rulemaking/index.htm. 

That the public hearing was held on March 26, 2012 at 9:30 a.m. in rooms 113 

and 114 of the offices of the New Hampshire Department of Environmental Services, Air 

Resources Division, 29 Hazen Drive, Concord, NH, in accordance with the public notice. 

Since no members of the public attended the hearing, the presentation of the proposed 

rule and recordãtion of the presentation were determined to be unnecessary. Therefore, 

the hearing was closed at 9:40 a.m., and a memo stating the circumstances was added to 

the file. 

That the abOve statements are true to the best of my knowledge and belief. 

- z , a 1~~ 4—/ 

Craig A. Wright 

Acting Director 

Air Resources Division 

www.des.nh.gov 

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

(603) 271-3503. TDD Access: Relay NH 1-800-735-2964 
COMPILATION OF PUBLIC COMMENTS AND NEW 

HAMPSHIRE'S RESPONSE THERETO 

40 CFR Part 51, Appendix V, 2.1(h) 
COMPILATION OF PUBLIC COMMENTS AND NEW HAMPSHIRE'S 

RESPONSE THERETO 

Comments on the proposed rules were received by DES from the U.S. Environmental 

Protection Agency, the Sierra Club, and the NH Office of Legislative Services! 

Administrative Rules. A summary of the comments received and the agency's responses 

thereto follows. 

Comment: Env-A 303.02(a) should be revised as follows: 

(a) For particulate matter measured in the ambient air as PM10, the 24-hour 

primary and secondary ambient air quality standards shall be deemed to be attained when 

the expected number of days per calendar year with a 24-hour average concentration 

above 150 1ug/m3 , as determined in accordance with 40 CFR 50 Appendix K 150 jtg/m, 

is equal to or less than one; and 

Response: The recommended changes have been made. 

Comment: The proposed revisions to Env-A 304.03 incorporate improper methods for 

determining attainment of the 1-hour SO2 NAAQS, because the determination can be 

made only through modeling. 

Response: EPA has not finalized its guidance to states on implementing the SO2 standard 

due to concerns raised about modeling. EPA has arranged several stakeholder meetings 

for later this month to gather more information on this subject. In a letter to state 

commissioners, Assistant Administrator McCarthy stated that due to this state of flux, 

states would not be required to submit modeling demonstrations showing attainment of 

the standard in unclassifiable areas in the state implementation plans due in June of 2013. 

Because proposed Env-A 304.03 is consistent with 40 CFR 50.17 and because EPA has 

not issued final guidance on how or when to use modeling to determine attainment of the 

one-hour SO2 standard, DES plans to adopt this rule as proposed and will made 

adjustments as!if needed once the final EPA guidance is received. 

Comment: The language describing the hourly standards for S02 and NO2 in the 

proposed revisions should match the formulation in the federal regulations. 

Response: The proposed rule is the same as the federal rule except for the word 

"concentration" (which is plural in the federal rule); DES has added an "s" to 

"concentration" in the proposed final rule. 

Comment: The NO2 standard units are incorrect in Env-A 306.02. 

Response: DES agrees and has changed the units from "ppm" to "ppb" in the FP. 

Comment: The definitions for PM 10and PM2 5should track the definitions in the federal 

regulations. 
Response: DES agrees and has changed "micrograms" to "micrometers" in the 

description of PM2, 5in Env-A 303.01(b), and has added language used by EPA in 

defining those pollutants ("... PM measured in the ambient air as particles having an 

aerodynamic diameter less than or equal to a nominal [X] micrometers in diameter or 

smaller (PM[]), the primary and secondary ambient air quality standards ..."). 

Comment: For clarity and compliance with §3.3 of Ch. 4 of the NH Rulemaking Manual, 

the sentence of Env-A 301.02 should be reworded as a purpose and made part of 

301.01, and the 2' sentence should be made part of 301.03. 

Response: The suggested revisions have been made. 

Comment: The word "construe" in the 211 sentence of Env-A 301.02 should be changed 

to "apply". 

Response: The Department is not comfortable with changing "construe" to "apply" for 

two primary reasons. First, AAQS are not "enforced" against a company. One can only 

determine that an AAQS has been exceeded when monitoring shows this has happened. 

Since the Department does not maintain mOnitors at facilities, it is difficult to determine 

which facility or facilities are causing or contributing to the exceedance of a particular 

standard. (It might be wood stove or auto emissions that are primarily causing the 

exceedance.) Instead, the Department establishes emission limits or requires controls in 

facility permits by determining (through modeling) what amount of emissions under what 

circumstances might contribute to a violation of the AAQS. The limit is then set below 

that amount or require controls that will limit emissions to that amount or below. The 

Department then applies and enforces those limits/control requirements. 

Second, the Department believes that the word "construe" was originally required 

by EPA. Section 160 of the CAA addresses Prevention of Significant Deterioration 

(PSD) and reads in part: 

SEC. 160. The purposes of this part are as follows: 

(1) to protect public health and welfare from any actual or potential adverse effect which 

in the Administrator's judgment may reasonably be anticipate[d] to occur from air 

pollution or from exposures to pollutants in other media, which pollutants originate as 

emissions to the ambient air, notwithstanding attainment and maintenance of all national 

ambient air quality standards; (emphasis added) 

As an example of what could happen, a new major source could assert that its 

modeling shows that its emissions will not violate the AAQS for SO2. Even so, its 

emissions could exceed the PSD increment allowed for SO2 in the area where the source 

intends to locate. Just not causing or contributing to a violation of the AAQS might not 

be sufficient to prevent significant deterioration of existing air quality. Thus, we can't 

construe the AAQS as allowing such a deterioration of air quality. 
Comment: Env-'A 3 02.02(a) is unclear because it says that a verb, a past tense, and a 

noun all have the same meaning. 

Response: The defined term has been changed to "attainment" and the alternate forms 

have been deleted.