### #!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 1-800-735-2964Mr. 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 2 Standards Section Env-A 304.03 Measurement for SO 2 Attainment 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 2 Standard Section.Env-A 306.03 Measurement for NO 2 Attainment 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 

### 99l 1113

. 

### 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) PM 10 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 e uivalent method designated in accordance with 40 CFR 53; and (b) PM 2

. 5 

### in 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 SO 2 shall 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 2 specified in Env-A 304.01 as follows: (a) The primary ambient air quality standard for SO 2 shall 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 2 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. 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 NO 2 shall be 53 ppb, annual average concentration;

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

The secondary ambient air quality standard for NO 2 shall be 0.053 ppm, equivalent to 100 tg/m 3

, 

### 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 NO 2 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 2 in 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)

Env-A 300 FIS Number

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 10 are revoked, and the 24-hour primary and secondary standards for PM 2

. 5 are 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; andAdded 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 knownor 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/m 3 ), 24-hour average concentration; and

For particulate matter PM measured in the ambient air as particles 2.5 micrograms in diameter or smaller (PM 25 ): The annual primary and secondary ambient air quality standards each shall be 15.0 ugIm 3 ,

annual arithmetic mean concentration; and The 24-hour primary and secondary ambient air quality standards each shall be 635 upg/m 3 , 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/m 3 , 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/m 3 , 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 40Added 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/m 3 , 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-PM 10 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-PM 2

. 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 (SO 2 ), chemical abstracts service regis fry number (CAS #) 7446-09-5, shall be as follows:

The annual primary ambient air quality standardfor SO 2 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 2 specified in Env-A 304.01 as follows: (a) The annual primary ambient air quality standardfor SO 2 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 SO 2 '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 ambientAdded 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 (NO 2 ), GAS #10102-44-0, shall be as follows:

The annual primary ambient air quality standardfor NO 2 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 2 shall be 100 ppb, i-hour average concentration; and (be) The secondary ambient air quality standard for NO 2 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 2 Standard. The annual primary standard for NO 2 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 NO 2 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 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/m 3 , 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 STATEMENTNil 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 listRULEMAKING 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 10 are revoked, and the 24-hour primary and secondary standards for PM 2

. 5 are 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/m 3

. 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 ARULEMAKING 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 FM 1 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/m 3 );. 

### 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/m 3

. 

### 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 ANEW 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 SERVICESAdded 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 6 t 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/m 3 ), 24-hour average concentration; and

For particulate matter PMmeasured in the ambient air as particles 2.5 micrograms in diameter or smaller (PM 2

. 5 ): The annual primary and secondary ambient air quality standards each shall be 15.0 uug/m 3 ,

annual arithmetic mean concentration; and The 24-hour primary and secondary ambient air quality standards each shall be 635 ugim 3 , 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/m 3 , 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/rn 3 , 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-PM 10in 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-PM 257 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 (SO 2 ), chemical abstracts service registry number (VAS #) 7446-09-5, shall be as fàllows:

. . . . . . .

The annual primary ambient air quality standardfor SO 2 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 secondary ambient air quality standardfor SO 2 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 50 2 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 ambientAdded 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 2 shalibe 53 ppb0 .053 ppm or 100 annual average ariththetic mean concentration7; ('b) The 1-hoar primary ambient air quality standardfor NO 2 shall be 100 

### ppb, 1-/jour average concentration; and . (bc) The secondary ambient air quality standardfor NO 2 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 NO 2 specified 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/m 3 , 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..1Added 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 • 04/06/2012FEB-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

: A g ency 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 n e w 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/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 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, N H 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 FILINGSTATE 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 ManagerCOVER 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 (PM 2

. 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/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 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) PM 10 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 CFR53;or An equivalent method designated in accordance with 40 CFR 53; 

### and (b) PM 2

. 5 

### in 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 2 shall 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 SO 2 

### specified in Env-A 304.01 as follows: The primary ambient air quality standard for SO 2 

### 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 2 shall 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 2 shall 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 2 shall be 100 ppb, 1-hour average concentration; and

The secondary ambient air quality standard for NO 2 shall 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 2 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 NO 2 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 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 2 in 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/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-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/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 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/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 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) PM 1 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) PM 2
, 5 

### in 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 2 shall be 75 parts per billion (ppb), 1-hour average concentration; and The secondary ambient air quality standard for SO 2 shall 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 2 shall 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 2 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 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 2 shall be 0.053 

### ppm, equivalent to 100 ig/m 3

, 

### annual arithmetic mean concentration. Env-A 306.02 Determination of Attainment of NO, Standard. The annual primary standard for NO 2 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 NO 2 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 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 2 in 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/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-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

### V 

# A? 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 A ppendix 

### 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#: 271 7 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 u4b4tNH 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

1 

### 7L.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 

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# 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 10 are eliminated and the 24-hour primary and secondary standards for PM 2

. 5

### are 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 4 ug/rn 3 , 

### 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 

### SO 2 NAAQS, because the' determination can be made only through modeling. Response: 

### EPA has not finalized its guidance to states on implementing the SO 2 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 SO 2 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: TheNO 2 standard 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

. 5 

### in 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 SO 2 . Even so, its emissions could exceed the PSD increment allOwed for SO 2 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 

# trtll)JIi°' CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS

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 (PM 10 ), 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 (PM 2

, 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/rn 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 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/rn 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) PM 10 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) PM 2

. 5 

### in 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 2 shall 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 2 specified in Env-A 304.01 as follows: The primary ambient air quality standard for SO 2 shall be deemed to be attained when the 3-year average of the annual percentile of the daily maximum 1-hour average concentrations 3 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 2 shall 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 2 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 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 2 shall be 53 ppb, annual average concentration;

### FP2012-20 FixedText 07-12-12 4

The 1-hour primary ambient air quality standard for NO 2 shall be 100 ppb, 1-hour' average concentration; and The secondary ambient air quality standard for NO 2 shall be 0.053 ppm, equivalent to 100 

### p.gIm 3

, 

### annual arithmetic 

### mean concentration. Env-A 306.02 Determination of Attainment of NO, Standard. The annual primary standard for NO 2 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 NO 2 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 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 2 in 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/rn 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 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 5032712967 P.03 R.EQUST FOX& 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 

### of

the proposed rule with the cost of the 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 

# 41/ methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OT(i) 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 04/06/2012UI.OoflflJMflIT

§ 7409 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 5230 after Aug. 7, 1977, to revise and reissue criteria relating to conoentrations of NO 2over such period (not more than three hours) as he deems appropriate, with the criteria to include a discussion of nitric and nitrousacids, 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 AMENDMENTAmendment 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 ACTIONSAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, orother 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 prescribinga 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 andInformation, 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) ofthis 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 suchcriteria, 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 thenational 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 thistitle and subsection (b) of this section. The Administrator may review and revise criteria orpromulgate new standards earlier or more frequently than required under this paragraph. (2)(A) The Administrator shall appoint anindependent 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 andsecondary ambient air quality standards promulgated under this section and shall recommend to the Administrator any new national ambient air quality standards and revisions ofexisting 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 theresearch 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 andmaintenance 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;-ootr Sv trd 8TE4 Aq peleAoO se 80=9 A.TSUOT TO U Atm.To u00fl38u00 Ptiv uo -ojpotii et jo u0tn2I pu '(v)

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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. an event 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.
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### (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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### APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULESSTATE 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) PM 10 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) PM 2

. 5 

### in 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 2 shall 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 2 shall 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 2 shall be 0.053 

### ppm, equivalent to 100 pg/m 3

, 

### annual arithmetic mean concentration.
Env-A 306.02 Determination of Attainment of NO7 Standard. The annual primary standard for NO 2 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 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 2 in 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, NHDepartment 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 1 

### ug/m 3 , 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 10 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

, 5 

### in 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.