ATTACHMENT E Administrative Documents: Evidence of Legal Authority Certification of Public Process Copy of Public Notice Public Comments and State's Response

# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTIONCONTROL

Section 125-C

:4 1L'q-C:4 Rulemaking Authority; Subpoena Power . - I . The commissioner shall adopt rules under RSA541-A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, andstationary source pollution (b) Primary and secondary ambient air quality standards. (c) Procedures to meet air pollutionemergencies, as authorized by RSA 125-C :9. (d)The establishment and operation ofa statewidepermit system, as authorized by RSA 125-C:6, XIV, RSA 125-C :11, I and RSA 125-C

:17, 1-a . (e) Devices, in addition to those devices defined under RSA 125-C :2, subject to the permit requirements of RSA 125-C :11, as authorized by RSA 125-C :11, lI . (f) The exemptionofcertaindevices and non-Title Vsources from the permit requirements of RSA 125-C :11, I and the conformance ofexempted devices to established standards, as authorized by RSA 125-C :11,1. (g)The formsand information required on applications for temporary and permanent permits required under RSA 125-C

:11, as authorized by RSA 125-C :12, I . (h) Notification of and public hearing on permit applications, includingexemptions fromthose requirements, as authorized by RSA 125-C :12, II . (i) Fees for pen-nit application and review, as authorized by RSA 125-C :12, N . (j) Procedures for pen-nit application review, as authorized by RSA 125-C :11, IV, andcriteria for permit denial, suspension or revocation, as authorized by RSA125-C :13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C :6, XI . (1) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C15, I . (m) Procedures for granting variances, as authorized by RSA 125-C:16 . (n) The manufacture, use . or sale ofconsumer products for purposes of implementing RSA485:16-c . (o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125- 

### C :10-b . Vn(r)

. (p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125-C :10-b, Nand VI . (q) Procedures forestablishing standards for andcertification of any material, that is not an exempt fuel, to be combustedin a device at an affected source subject to RSA 125-C:10-b . (r) Standards andtesting requirements for biomass and eligible biomassfuel as authorized by RSA 125-C :6, XIV-a. I-a. In adopting rules under paragraph 1, the department may incorporate by reference standards issued by the California air resources boardrelative to certification andtesting of vapor recovery equipment I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the OzoneTransport Commission (OTC) concerning consumer products, as defined in RSA 125-C :2, V-c . II . The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths andto take such testimony as he may deemnecessary. Source. 1979, 359:2

. 1986, 202:8

. 1996, 228:19, 104

; 278:2, 3

. 2001, 293:5. 2003, 137:12004, 175:2, eff. May27, 2004. 2005, 173:3, ef£June 29, 2005 . 2008, 113:3. eff

. Aug . 2, 2008 .

# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTION CONTROL

Section 125-C:6 125-C :6 Powers end Duties of the Commissioner. - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers andduties: 1 . Exercising general supervision of the administration andenforcementof this chapter and all rules adopted and orders promulgated under it; ll . Developing acomprehensive program and provide services for the study, prevention, and abatementof air pollution ; III . Conducting andencouraging studies relating to air quality; IV. Collecting and disseminating the results of studies relating to airquality ; V . Advising, consulting, andcooperating with the cities and towns andother agencies ofthe state* federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality; V I . Encouraging local units to promote cooperation by thepeople, political subdivisions, industries, and others in preventing and controlling air pollution in the state; VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, andqualified facilities to burn, a mixture that consists ofat least 94percent virgin no . 6oil andthe remainder complyingwith the used fuel oil specifications in 40CFR, section 279 .11, table 1 ; VII . Entering at all reasonable times in or upon any private or public property, except privateresidences, for the purpose of inspecting or investigating anycondition whichis believed to be either an air pollution source or in violationof anyofthe rulesor orders promulgated hereunder. Anyinformation, other than ernission data, relating to secret processes or methods of manufacture or production obtained in thecourse of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIE . Accepting, receiving, and administeringgrants or other funds or giftsfor the purpose of carrying out any of the functions of this chapter, including such monies givenunder any federal law to the state for air quality control activities, surveys, or programs; IX. Consulting the air resources councilestablished by RSA 21-0 :11 on the policies and plans for thecontrol and prevention of air pollution ; X . Exercising all incidental powers necessaryto carry outthe purposes ofthis chapter; XI . Conducting emission tests and requiring owners or operators ofstationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the commissioner on the nature andamountsof emissions fromsuch stationary sources. The commissioner shall have the authority to make such data available to the public andas correlated with any applicable emission standards; XII . Carrying out a program of inspection andtesting ofall modes of transportation, to enforcecompliance with applicable emission standardswhen necessaryand practicable and to control or limit the operationof motor vehicular and other modes of transportation when in the opinionof the commissioner such modesof transportation are producing or pose an imminent danger ofproducing levels ofair pollutants that will result in aviolation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, ofexisting air quality in an area classified as a 'clean air" area by state or federal regulations; XIII . Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution; XIV . Establishing and operating a statewide systemunderwhichpermits shall be required for theconstruction, installation, operationor material modification of air pollutiondevices and sources, which systemshall be established pursuant to RSA 125-C :11 and the sections whichfollow . The authority vested in the commissioner by this section shall include the powerto delayor prevent any construction, modification or operationofsaid air pollution sources and modifications which, in the opinion ofthe commissioner, would cause the ambientair pollution level in the locality of such construction, modification or operation to exceed limits for ambientconcentrations established by the New Hampshirestate implementation plan adopted pursuant to theCleanAir Act as amended, or which construction, modification or operationwould, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from

round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps fromfurniture and other manufacture andeligible biomass fuel related to thecombustion of such materialsat stationary sources. The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Actstandards and RSA 125-I . XV . Implementing a programofprevention ofsignificant deterioration ofambientair quality by establishing air quality increments limiting the maximum allowableincreases in the amounts of air pollutants provided such increments are not less stringent than those specified in the Clean AirAct andamendments thereto, and in regulations promulgated thereunder; XVI . Establishing an air quality monitoring equipment replacement programto providefor sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the networkequipment. XVII . Implementing a programto control theemissions ofair contaminants from consumer products for purposes of RSA485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits are not less stringent than those established underthe CleanAirAct and amendments thereto, and in regulations promulgated under the CleanAirAct. Source. 1979, 359

:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1 . 1995, 192:1 . 1996, 228:104. 2001, 293:6, elf. July 17, 2001 . 2008, 113:4, eff : Aug . 2, 2008.JOHN H . LYNCH Governor 

# osfzlfp ofcNefu ~61uvsfftT OFFICE OF THE GOVERNOR 107 North Main Street, State House - Rm 208 Concord, New

Hampshire 03301 Telephone (603) 271 " 2121 www nh.govlgovernor govt`,rLiorlynchfth.gov

May 25:,2006 Robert W

. Varney, Regional Administrator U .S. EPARegion I Suite 1100 (RAA) 1 Congress Street Boston, MA 02114-2023 

### Dear Mr. Varney: I have designated Robert R . Scott, Director of the New Hampshire Air Resources Division, as the official having the authorityto request the U .S. Environmental Protection Agency approval ofall New Hampshire State Iznplemeiitation Plan revisions. Mr . Scott replaces Mr. Kenneth Colburn whopreviously held this authority.



### cc: Michael P

. Nolin, NHDES Commissioner/ Robert R . Scott, NHDES A

.RD Director +~'

### f

.,.,,, !HDES

CELEHRATING 1987 2,5 Celebrating 25years ofprotecting New Hampshire's environment. CERTIFICATIONOF PUBLIC PROCESS: Request for Redesignation of the Boston-Manchester-Portsmouth (SE), NH 8-Hour Ozone (1997 Standard) Nonattainment Area, and Maintenance Plan I hereby certify that: In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Federal regulations at 40CFR § 51 .102, public notice was given that the New Hampshire Department of Environmental Services (the Department) intended to submit for the approval of the U .S. Environmental Protection Agency (EPA) a revision of the New Hampshire State Implementation Plan (SIP) in the formof a request to redesignate the Boston-Manchester-Portsmouth (SE), NH ozone nonattainment area as having attained the 1997 national ambient air quality standard for 8-hour ozone, and a maintenance plan for that area. Apublic hearing onthe SIP revision was held at 10:30a.m ., Tuesday, January 24, 2012, at the Department's offices in Rooms 110 and 111 at 29 Hazen Drive, Concord, NH 03301 . Opportunity was provided for members of the public to submit oral comments during the hearing or written comments at any time up to 4 :00p.m . on the hearing date, for consideration by the Department in preparing the final SIP revision. Acopy of the draft SIP revision was available for public inspection at the Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from8:00 a.m . to 4:00p.m

., Monday through Friday, throughout the comment period. The draft SIPrevision was also available for downloading fromthe Department's website at http://des.nh.gov. The notice was published in the Union Leader, a newspaper of general, statewide circulation, on Friday, December 23, 2011, more than 30 days priorto the date ofthe hearing. Acomplete record of the public hearing is available on tape at the offices of the New Hampshire Department of Environmental Services, 29 Hazen Drive, Concord, NH . The above statements are true to the best of my knowledge and belief. Robert R . Scott Director, Air Resources Division 

## 2t Date The State of New Hampshire 

## Department of Environmental Services

Thomas S. Burack, Commissioner

www .des.nh.gov 29 Hazen Drive " POBox 95 " Concord, NH03302-0095 (603) 271-3503 " TDD Access: Relay NH 1-800-735-2964STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION CONCORD, NEW HAMPSHIRE NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARINGS In accordance with New Hampshire Administrative Rule Env-A 204.01(b) and Title 40 of the Code of Federal Regulations (CFR) Section 51 .102, notice is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department) has prepared, and intends to submit to the U.S. Environmental Protection Agency (EPA) for approval, a request for redesignation of the Boston-Manchester-Portsmouth (SE), NewHampshire 8-hour ozone (1997 standard) nonattainment area, including a maintenance plan for that area, hereinafter referred to as "Request for Redesignation (including MP I)," pursuant to section 110(a) of the federal Clean Air Act . This request, if approved by EPA, will revise New

Hampshire's State Implementation Plan (SIP) . In addition, the Department has prepared and intends to submit to EPA for approval as a SIP revision a maintenance plan, hereinafter referred to as "MP II," for the area of the state that was formerly designated nonattainment for the 1-hour ozone standard, but which was classified as unclassifiable/attainment for the 8-hour ozone standard . The Boston-Manchester-Portsmouth (SE), NewHampshire 8-hour ozone (1997 standard) nonattainment area consists of 52 cities and towns in the southern and/or eastern parts of Hillsborough, Merrimack, Rockingham, and Strafford Counties. Ground-level ozone monitoring data for the most recent 3-year monitoring period of 2008-2010 show that air quality in the nonattainment area has met the 1997 National Ambient Air Quality Standard for 8-hour ozone. For EPA to approve the Request for Redesignation, the Department must submit maintenance plan MP I as part of this request, detailing howthe state will insure that the area will not fall back into nonattainment once it is redesignated as attainment . MP I must demonstrate that the area will remain in compliance for a period of 10 years fromthe date of redesignation. The former nonattainment area for the 1- hour ozone standard that was classified as unclassifiable/attainment for the 8-hour ozone standard on June 15, 2004, consists of 79 cities and towns in Cheshire County and the northern and/or western parts of Hillsborough, Merrimack, Rockingham, and Strafford Counties. The maintenance plan for this area, MP II, must demonstrate that the area will remain in compliance with the 8-hour ozone standard for the 10-year period fromJune 15, 2004 to June 15, 2014. The Department hereby solicits comments and has scheduled public hearings on the Request for Redesignation (including MP I) and MP II . A public hearing on the Request for Redesignation (including MP I) has been scheduled for 10:30 a .m ., Tuesday, January 24, 2012, at the Department offices in Rooms 110 and 111 at 29 Hazen Drive, Concord, NH 03301 . A public hearing on MP II has been scheduled to start at the conclusion of the first hearing. Comments may be presented orally and/or in writing at the public hearings . Written comments may also be submitted by postal delivery, email, or fax to Charles Martone, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03302-0095; email CharIes .Martone@des.nh .gov; fax (603)271-1381 . Please specify which plan each comment addresses. All written comments on the Request for Redesignation (including MP I) and all written comments on MP II must be received by 4 :00 p.m . on Tuesday, January 24, 2012, to be entered into the record. The Request for Redesignation (including MP I) and MP II are available for public inspection at the Department's offices at 29 Hazen Drive, Concord, NH, during regular working hours from8:00 a .m . to 4:00 p.m

., Monday through Friday. The main text of both documents may be downloaded fromthe Department's website at http ://des.nh .gov/ . Questions regarding the Request for Redesignation (including MP I) and MP II may be directed to Charles Martone at (603) 271- 1089. Robert R . Scott Director, Air Resources Division NH Department of Environmental Services Dated: December 23, 2011 Appeared in: The Union Leader on Friday, 12/23/2011Page 1 of 5 

### Responses to Comments on 

### New Hampshire's Proposed Redesignation Request On January 24, 2012, the NewHampshire Department of Environmental Services (NHDES) received comments fromthe U .S. Environmental Protection Agency (EPA) on New Hampshire's proposed redesignation request for the Boston-Manchester-Portsmouth (SE), NH 8-hour ozone (1997 standard) Nonattainment Area. No other public comments were received. The following are NHDES's responses to EPA's comments. Comments are written in regular font and responses are written in italics. Ozone Data 1 . Table 2-1 on Page 8 should identify that the ozone concentrations are presented in units of parts per billion (ppb)

. Response: The requestedclarification has been added . 2 . In Table 2-1 on Page 8, the 2012 threshold values should be 123, 125, and 123 ppb for Nashua, Portsmouth, and Rye, respectively. Therefore, NH DES should adjust the "most recent year at or above the threshold" column correspondingly. In addition, it should be noted that in the current version of the table, it appears that 1-hour values, rather than 8-hour values, were used when determining the most recent year at or above the threshold. Response: The 2012 threshold values and the most recent years at or above threshold have been corrected in the table

. Motor Vehicle Emission Budge ts 3. In Section 5.5, including in Table 5-1, NHDES should express the year 2008 and year 2022 NOx and VOC motor vehicle emission budgets for the Boston-Manchester-Portsmouth (SE), NH area in units of tons per summer day for use as future transportation conformity budgets. Response: The requestededit has been made to Table 5-1. 2008 Inventory and P

roiections to 2012 and 2022 4 . New Hampshire selected its 2008 emissions inventory to use as the base year inventory for the maintenance plan developed to support redesignation of former 8-hour nonattainment areas in the state. The 2008 inventory should be submitted to EPA in conjunction with submittal of the final redesignation request, as EPAwill need to approve the 2008 inventory into the SIP . Response: The 2008 emissions inventory is being submitted to EPA as Attachment G to the redesignation request. Because of the volume of technical data associated with the emissions inventory, a data CD-ROM is being submitted which includes the inventory documentation, data tables (as Microsoft Excel spreadsheets), andother supporting technical data.Page 2 of 5

5. The write-up for New Hampshire's 2008 emissions inventory should describe how the partial county emission estimates for the 8-hour ozone nonattainment area were derived. It appears that the town by town population data within the tabbed sheet labeled "3 - 17 Population," within the spreadsheet with file name "NH 2008 PEI Section 3 Tables.xls" was used to apportion the county level area and nonroad emission estimates to the town level . This enabled New Hampshire to then sum up nonroad and area source emissions by town to match the sub-county geography of the 8- hour nonattainment area. This methodology, along with an indication of how on-road mobile emission estimates at the sub county level were derived, should be included in the 8-hour ozone inventory documentation. Response: As EPA notes, population data was used to apportion many of the area and non-road emissions source categories to the sub-county geography of the 8-hour nonattainment area. Onroad mobile emissions estimates were derived using VMTdata that was provided by the relevant metropolitan planning organizations (MPOs) . Since the MPOs comprise the 8-hour nonattainment area, the VMT data and resulting emissions estimates were specific to that geography . Appropriate wording to describe these methodologies has been added to Sections 1 .2 and Section 4 ofthe 2008 emissions inventory documentation . 6. New Hampshire should extract a table fromthe spreadsheet labeled, "ISTEPS_2008_POINT_EMISSIONS_SORT.xls" that identifies the NOx and VOC stationary sources whose emissions were summed to produce the 24,289 Ibs/day NOx and 5,762 lbs/day VOC point source emission totals, and place this table within the write-up for the 2008 inventory. Response: The requested tables were added to Section 2 of the 2008 emissions inventory documentation. 7. Section 6.2.1 of the proposed redesignation request for New Hampshire's 8-hour nonattainment area mentions that growth factors fromthe Economic Growth and Analysis System (EGAS) were used to project point and area source emissions to 2012 and 2014. The final submittal should include the specific point and area source growth factors that were used to make these projections. Additionally, areview should be made of the growth factors used to project NOx point sources from 2008 to 2012, as the nearly 50%increase shown seems quite high. New Hampshire may want to consider to instead use 2011 actual emissions, grown (or diminished) a minor amount to reflect 2012 conditions. Response: All of the supporting technical files for the projected 2012 and 2022 emissions inventories relevant to the redesignation request are being provided to EPA on CD-ROM as Attachment H

. Thesefiles include the EGASfactors that were usedto do theprojections. Final quality-assured actual emissions datafor calendar year 2011 is not yet available. However, in response to this comment, New Hampshire used 2010 actual emissions data and the applicable growthfactors to develop revisedpoint source emissions estimatesfor 2012 and2022 . Table 6-1 of the redesignation request has been revised accordingly . 8 . In several locations within the write-up of 2008 area source emission estimates, the phrase, "adjustments to account for New Hampshire's 15%ROP plan" is used. This is a somewhat vague reference, and should be replaced with something more descriptive such as "adjustments to account for the regulations NewHampshire adopted to meet its 15% ROP plan for the 1-hour ozonePage 3 of 5

standard, as some of those rules contained lower applicability thresholds and thus required reductions at area sources." Response: The requestededits were made to the 2008 emissions inventory documentation . 9 . The area source inventory documentation indicates that for some source categories, County Business Pattern data for 2008 was not available and so data for 2007 was used. 2008 data from this resource should now be available. Response: Per EPA's request, 2008 County Business Patterns data was obtained and incorporated into the relevant area source emissions calculations. Further, 2008 Energy Information Administration fuel consumption estimates were not available at the time when work on the 2008 inventory commenced, so 2007 data was used. NewHampshire has now obtained the 2008fuel consumption estimates and incorporated theminto the calculations for the applicable area source categories. These changes have resulted in edits to the 2008 emissions inventory documentation andTable 6-1 ofthe redesignation request. 10. For the redesignation request, it is important to note that the ten year maintenance plan is keyed to when EPA takes final action. Therefore, in order for the 2022 emission inventory to remain relevant, it is critical for New Hampshire to submit the final redesignation request to EPA as soon as possible (i .e., at a minimum, within the next couple of months) . Otherwise, EPA may not have enough time to complete its action by December 31, 2012. Response: The time limitation is duly noted . Contingency Measures 11 . On page 42, in Section 6.5, NH DES cites one reason to investigate an ozone season exceedance as "an anomaly in the ozone-season meteorology." Since weather anomalies alone do not exempt NH DES from contingency measures, EPA recommends replacing this bullet with reference to "exceptional events," as shown below : "2. If the design value is above the standard for any ozone monitor, NHDES will investigate the cause and determine whether the exceedance is due to: " an increase in emissions fromlocal, in-state sources; " an increase in emissions fromupwind, out-of state sources; or an exceptional event as defined in 40 CFR50.1 ." Response: The requested rewording has been made. 12. On page 42, EPA recommends that NH DES delete the word "significant" fromthe third step for the protocol, as shown below, since all factors contributing to ozone exceedances should be evaluated: "3. If an increase in in-state emissions is determined to be a signifiean contributing factor to the exceedance, NHDES will evaluate the projected in-slate emissions for the next ozone season."Page 4 of5

Response: The word "significant" has been removed . 13. On page 42, the 4th step of the protocol states: "The contingency measures(s) will be selected by the Governor or the Governor's designee within six months of/he end althe ozone season/or which contingency measures have been determined to be needed. New Hampshire will then initiate a course of action to implement enforceable control measurers) to rectify the problem . New rulemaking, when required, can typically be adopted and implemented within a 12-month timeframe, assuming that no new legislation is required." In the final submittal, NHDES should clarify the timeframe to implement contingency measures. Response: The endofthe quotedparagraph has been revised to read asfollows: "Newrulemaking can typically be adopted and implemented within a 12-month timeframe. NHDES will update the maintenance plan as necessary and develop and implement required regulations as soon as practicable within the guidelines established in the New HampshireAdministrative Procedures Act, but no later than 18 months after selection ofthe appropriate measure . " Stage 11 Vapor Recovery 14. As stated on page 35, NH DES is not submitting the phase-out of Stage II as a formal component of this SIP revision to redesignate the 1997 8-hour ozone nonattainment area. However, we acknowledge that NewHampshire has recently adopted revisions to its Env-Wm 1404.17 regulation, "Applicability of Stage Il Requirements." The adopted amendments to EnvWm 1404.17 eliminate the requirements, as ofJanuary 1, 2012, for Stage 11 vapor recovery systems at gasoline dispensing facilities. We have reviewed the MOVES modeling inputs associated with the proposed redesignation request, and note that the emissions projections for 2012 and later years appropriately reflect that the NH Stage 11 vapor recovery programis no longer providing emission reductions after January 1, 2012. It is, therefore, acceptable that the Stage 11 phase-out be submitted to EPA as a SIP revision subsequent to the redesignation request. The Stage 11 phase-out supporting documentation and calculations, which should be based on MOVES, need to be proposed and adopted, and then submitted, along with the recently adopted amendments to New Hampshire's Env-Wm1404.17 rule, to EPA as a SIP revision. Furthermore, EPA encourages NH DES to provide draft versions of this documentation and relevant MOVES modeling files to EPAfor review prior to the formal proposal of this information

. Response: NHDES acknowledges that Stage II vapor recovery may be addressed as a separate item . Accordingly, NHDES intends to submit a SIP revision for the phase-out of Stage II after submission ofthis redesignation request. Draft versions ofsupporting documentation andmodeling files will be provided to EPA in advance ofanyformalsubmission ofthe Stage llproposal . 15. In Section 5.2, on page 31, a list of the applicable requirements of New Hampshire's former 1- hour serious nonattainment areas is presented. One of the measures listed is Stage 11 vapor recovery. The first paragraph following this list states :Page 5 of 5

"New Hampshire asserts that all required control provisions shall remain in place to prevent backsliding and assure maintenance of the 1997 8-hour ozone NAAQS after redesignation of the area to attainment ." This statement does not hold true for Stage 11, since New Hampshire has adopted revisions to its Env-Wm 1404.17 rule to eliminate the Stage 11 requirements. New Hampshire should clarify this discussion in the final submittal of the ozone redesignation request. Response: Thefollowing paragraph has been added to Section 5 .2 after the indicatedpassage: "NewHampshire notes that it recently revoked the requirement that newgasoline dispensing facilities shall be equipped with Stage II vapor recovery control equipment and simultaneously adopted a requirement that owners ofexisting gasoline dispensing facilities equipped with Stage 11 controls shall decommission such equipment by December 22, 2015. This rulemaking was necessary to prevent a situation -forecast to occur in the next few years - whereby the Stage 11 equipment, because ofincompatability with ORVR equipment, would cause more VOCemissions in NewHampshire than it would prevent. NewHampshire is preparing a separate SIP submittal demonstrating that these rule changes will not violate the anti-backsliding requirements ofsection 110(1) of the Clean Air Act . The demonstration would have been included with this SIP revision, but has been delayed as NHDES resolves discrepancies in motor vehicle emission estimates after conversion to the new

MOVESmodel . " Attachment G- CDFiles (Note: This attachment has been renamedasAttachment F) 16. The MOVES modeling inputs associated with the redesignation request should be consistent with previous SIP-approved inputs. Once a mobile source modeling input is approved into the SIP, all subsequent SIP submittals should reflect the same programcharacteristics as the SIP-approved version of the programinputs. For example, the Attachment GMOVES modeling inputs relating to New Hampshire's motor vehicle inspection and maintenance program utilize I/M

compliance figures that were "modified to actual NH data." The current New Hampshire I/M

SIP, as well as a NH I/M SIP revision recently submitted to EPA on November 17, 2011, both utilize an I/M compliance rate of 96% . Therefore, all modeling of New Hampshire's I/M

programshould be conducted using this 96% compliance rate. However, for other parameters that are not included in NH's SIP as part of a formal control measure, or air emissions reduction program, for example "fuel formulation," EPA encourages the use of recent/accurate state-specific data as much as possible over the use of national defaults in the MOVES model . Response: The MOVES runs were redone using a compliance rate of 96% . Tables S-1 and 6-1 were revisedaccordingly . 17. The MOVES run spec file "rrpc 2008.mrs" appears to have left out the associated input database "rrpc 2008 in," and thus generated emission figures strictly based on the MOVES default database for the 2008 analysis of the Rockinghamand Strafford Regional Planning Commission non-attainment towns. Therefore, the 2008 onroad mobile source emission estimates are not accurate. Since NH DES has proposed replacing its 2009 MOBILE6 motor vehicle emission budgets with 2008 MOVES2010 budgets, this issue must be corrected in the final SIP submittal . EPAwould be unable to make a positive adequacy determination on the proposed 2008 VOC and NOx onroad motor vehicle emission budgets if the MOVES2010 runs contain errors. Response: The identified error was corrected and Tables 5-1 and 6-1 were revised accordingly .