N.H. Code Admin. R. Ann. Env-A — Air Related Programs (formerly designated as rules of Division of Air Resources.)

Chapter Env-A 100 Purpose; Definitions

Part Env-A 101 Purpose; Statutory and Federal Definitions Incorporated

N.H. Code Admin. R. Ann. Env-A 101.01 Purpose {#sec-env-a-101.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 101.01}

(a) The purpose of the rules in subtitle Env-A is to implement a comprehensive program to identify and control sources of air pollution so as to:

(1) Implement RSA 125-C to effectuate its purpose, as stated in RSA 125-C:1, namely to:

a. Promote the public health, welfare, and safety;

b. Prevent injury or detriment to human, plant, and animal life, physical property and other resources;

c. Foster the comfort and convenience of the people;

d. Promote the economic and social development of this state; and

e. Facilitate the enjoyment of the natural attractions of the state; and

(2) Implement RSA 125-D, RSA 125-I, RSA 125-J, RSA 125-M, RSA 125-N, RSA 125-O, RSA 125-R, and RSA 141-E.

(b) The purpose of this chapter is to establish definitions that apply across all subsequent chapters in subtitle Env-A.

History

#13105, eff 9-25-20 (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 101.02 Statutory Definitions Incorporated {#sec-env-a-101.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 101.02}

Unless otherwise indicated, all words used in subtitle Env-A shall have the same meanings given them by the statute they implement.

History

#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 #6057-A, eff 6-30-95; ss by #13105, eff 9-25-20 (formerly Env-A 101.01) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 101.03 Federal Definitions Incorporated {#sec-env-a-101.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 101.03}

Unless otherwise noted, all references to 40 CFR shall be to the July 1, 2019 edition.

History

#13105, eff 9-25-20 (see Revision Note #4 at chapter heading for Env-A 100)

Part Env-A 102 Definitions: a Through C

N.H. Code Admin. R. Ann. Env-A 102.01 Abatement {#sec-env-a-102.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.01}

“Abatement” means either to reduce in amount and intensity, or to cease.

History

#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 #6057-A, eff 6-30-95; ss by #13105, eff 9-25-20 (formerly Env-A 101.02) (see Revision Note #4 at chapter heading for Env-A 100 )

N.H. Code Admin. R. Ann. Env-A 102.02 Acid rain affected source {#sec-env-a-102.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.02}

“Acid rain affected source” means a source that includes one or more acid rain affected units.

History

#6057-A, eff 6-30-95; ss by #13105, eff 9-25-20 (formerly Env-A 101.03) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.03 Acid rain permit {#sec-env-a-102.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.03}

“Acid rain permit” means the portion of a title V operating permit, including any permit revisions, which specifies to the owner, operator, or designated representative of the acid rain affected source or the acid rain affected unit, the requirements applicable to such affected source or to each such affected unit at such an affected source, pursuant to Env-A 406 Acid Deposition Program or title IV Acid Deposition Control of the Act.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.05); ss by #13105, eff 9-25-20 (formerly Env-A 101.04)

N.H. Code Admin. R. Ann. Env-A 102.04 Activity {#sec-env-a-102.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.04}

“Activity” means an endeavor initiated by or carried out by any person.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.03); renumbered by #8256 (from Env-A 101.06); ss by #13105, eff 9-25-20 (formerly Env-A 101.05) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.05 Acute {#sec-env-a-102.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.05}

“Acute” means a type of exposure that is considered as a one-time or short-term exposure, with a typical duration of less than or equal to 24 hours. This type of exposure could also consist of multiple exposures or a continuous exposure over several, but no more than 14, days.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.07); ss by #13105, eff 9-25-20 (formerly Env-A 101.06) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.06 Acute fuel shortage {#sec-env-a-102.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.06}

“Acute fuel shortage” means a condition in which the availability of fuel is severely limited, and is expected to remain limited for less than 90 days.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.08); ss by #13105, eff 9-25-20 (formerly Env-A 101.07) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.07 Administrative permit amendment {#sec-env-a-102.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.07}

“Administrative permit amendment” means the following:

(a) “Administrative permit amendment” as defined in 40 CFR 70.7(d)(1)(i) through (iv), reprinted in Appendix D; or

(b) A permit change made in either an initial temporary permit or an extended temporary permit that meets all applicable requirements of 40 CFR § 70.6, § 70.7, and § 70.8.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.09); ss by #13105, eff 9-25-20 (formerly Env-A 101.08) (see Revision Note at #4 chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.08 Administrator {#sec-env-a-102.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.08}

“Administrator” means the administrator of the United States Environmental Protection Agency (EPA), or an authorized representative thereof, or the commissioner of the department of environmental services if authorized by EPA.

History

#6057-A, eff 6-30-95; ss by #6518-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.10); ss by #13105, eff 9-25-20 (formerly Env-A 101.09) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.09 Aerosols {#sec-env-a-102.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.09}

“Aerosols” means a system of particles suspended in gas which upon collection tend to coalesce and create uniform homogeneous films upon the surfaces of the collecting media.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.04); renumbered by #8256 (from Env-A 101.12); ss by #13105, eff 9-25-20 (formerly Env-A 101.10) (see Revision Note at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.10 Affected source {#sec-env-a-102.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.10}

“Affected source” means “affected source” as defined in RSA 125-C:2, I-a, reprinted in Appendix C.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.13); ss by #13105, eff 9-25-20 (formerly Env-A 101.11) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.11 Affected states {#sec-env-a-102.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.11}

“Affected states” means all states, including Connecticut, Maine, Massachusetts, New York, Rhode Island, and Vermont, that meet at least one of the criteria listed in the definition of “affected states” in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.14); ss by #13105, eff 9-25-20 (formerly Env-A 101.12) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.12 Affected unit {#sec-env-a-102.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.12}

“Affected unit” means “affected unit” as defined in section 402 of the Act, namely “a unit that is subject to emission reduction requirements or limitations under this title.”

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.15); ss by #13105, eff 9-25-20 (formerly Env-A 101.13 (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.13 Air contaminant {#sec-env-a-102.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.13}

“Air contaminant” means “air contaminant” as defined in RSA 125-C:2, II, and RSA 125-I:2, I, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.17),( see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.14) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.14 Air pollutant {#sec-env-a-102.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.14}

“Air pollutant” means “air contaminant” as defined in RSA 125-C:2, II, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; rpld by #5033, eff 12-27-90
#5033, eff 12-27-90 (from Env-A 101.06); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.05); renumbered by #8256 (from Env-A 101.18), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.15) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.15 Air pollution {#sec-env-a-102.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.15}

“Air pollution” means “air pollution” as defined in RSA 125-C:2, III, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.05)
#5033, eff 12-27-90 (from Env-A 101.07); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.06); renumbered by #8256 (from Env-A 101.19), (see Revision (Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.16) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.16 Air pollution control equipment {#sec-env-a-102.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.16}

“Air pollution control equipment” means any apparatus or process used in the control of air pollution as a result of rules, or any process which controls air pollution but is not vital to normal productions operations.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.06)
#5033, eff 12-27-90 (from Env-A 101.08); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.07) renumbered by #8256 (from Env-A 101.20), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.17) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.17 Air toxic {#sec-env-a-102.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.17}

“Air toxic” means “air toxic” as defined in RSA 125-I:2, II, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.22), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.18) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.18 Allowable emissions {#sec-env-a-102.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.18}

“Allowable emissions” mean “allowable emissions” as defined in RSA 125-J:1, II, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.07)
#5033, eff 12-27-90 (from Env-A 101.09); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.08); renumbered by #8256 (from Env-A 101.23), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.19) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.19 Allowance {#sec-env-a-102.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.19}

“Allowance” means an authorization by EPA to emit up to one ton of sulfur dioxide during or after a specified calendar year pursuant to the title IV Acid Deposition Control of the Act, or the regulations promulgated thereunder.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.24), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.20) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.20 Ambient air {#sec-env-a-102.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.20}

“Ambient air” means “ambient air” as defined in RSA 125-I:2, III, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.08)
#5033, eff 12-17-90 (from Env-A 101.10); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.09); renumbered by #8256 (from Env-A 101.26), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.21) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.21 Ambient air limit {#sec-env-a-102.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.21}

“Ambient air limit” means “ambient air limit” as defined in RSA 125-I:2, IV, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.27), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.22) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.22 Ambient air quality standard {#sec-env-a-102.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.22}

“Ambient air quality standard” means any standard which establishes the maximum allowable concentration of a specific pollutant in the ambient air of a region or subregion as established by the commissioner or administrator.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.09)
#5033, 12-27-90 (from Env-A 101.11); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.10); renumbered by #8256 (from Env-A 101.28), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.23) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.23 Amendment {#sec-env-a-102.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.23}

“Amendment” means a revision in the written contents of a permit, including but not limited to changes in emission limitations, applicable requirements, and operational characteristics. This term includes “administrative permit amendment”, “minor permit amendment”, and “significant permit amendment”.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.30), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.24) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.24 Annual {#sec-env-a-102.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.24}

“Annual” means a time period from January 1 of a calendar year through December 31 of the same year.

History

#6482-A, eff 4-1-97; renumbered by #8256 (from Env-A 101.32), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.25) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.25 Applicable requirement {#sec-env-a-102.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.25}

“Applicable requirement” means “applicable requirement” as defined in 40 CFR 70.2, reprinted in the Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.35), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.26) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.26 Applicant {#sec-env-a-102.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.26}

“Applicant” means a person who requests a permit or other form of license.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.36), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.27) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.27 Area source {#sec-env-a-102.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.27}

“Area source” means a 2-dimensional, horizontal source from which air emissions are being released at a relatively uniform rate from every part of its surface.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.37), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.28) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.28 Arithmetic mean {#sec-env-a-102.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.28}

“Arithmetic mean” means the sum of N (number) factors divided by N.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.10)
#5033, eff 12-27-90 (from Env-A 101.12); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.11); renumbered by #8256 (from Env-A 101.38), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.29) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.29 ASTM {#sec-env-a-102.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.29}

“ASTM” means the American Society for Testing and Materials.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.11)
#5033, eff 12-27-90 (from Env-A 101.13); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.12); renumbered by #8256 (from Env-A 101.42), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.30) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.30 Best available control technology (BACT) {#sec-env-a-102.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.30}

“Best available control technology (BACT)” means “best available control technology” as defined in 40 CFR 52.21(b)(12), reprinted in Appendix D.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.12)
#5033, eff 12-27-90 (from Env-A 101.14); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.13); renumbered by #8256 (from Env-A 101.47), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.31) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.31 Blended fuel {#sec-env-a-102.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.31}

“Blended fuel” means any fuel containing a mixture of 2 or more fuels which, as combined, does not exceed the applicable pollutant content specified in Env-A 1600.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.51), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.32) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.32 British Thermal Unit (BTU) {#sec-env-a-102.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.32}

“British Thermal Unit (BTU)” means the quantity of heat required to raise the temperature of one pound of water at or near 39.2 degrees Fahrenheit (°F) by one °F. A BTU equals 251.98 calories.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.13)
#5033, eff 12-27-90 (from Env-A 101.15); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.14); renumbered by #8256 (from Env-A 101.52), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.33) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.33 Calorie {#sec-env-a-102.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.33}

“Calorie” means the quantity of heat required to raise the temperature of one gram of water at or near 4 degrees Celsius (°C) by one °C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.14)
#5033, eff 12-27-90 (from Env-A 101.16); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.15); renumbered by #8256 (from Env-A 101.56), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.34) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.34 Carbon dioxide equivalent emissions (CO2e) {#sec-env-a-102.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.34}

“Carbon dioxide equivalent emissions (CO2e)” means a measurement of the global warming potential of GHGs emitted, determined by multiplying the mass amount of emissions in tons per year (tpy) of each gas in the pollutant group GHGs by the associated global warming potential for that gas published at Table A-1 to subpart A of 40 CFR part 98, Global Warming Potentials, and adding the resultant values to compute a tpy CO2e for the GHGs.

History

#9839 eff 12-21-10; ss by #13105, eff 9-25-20 (formerly Env-A 101.35) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.35 Carbon monoxide (CO) {#sec-env-a-102.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.35}

“Carbon monoxide (CO)” means a colorless, odorless, toxic gas which is produced by incomplete burning of carbon containing substances.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.15)
#5033, 12-27-90 (from Env-A 101.17); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.16); renumbered by #8256 (from Env-A 101.58), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.35), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.36) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.36 Ceiling limit value {#sec-env-a-102.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.36}

“Ceiling limit value” means a concentration of a regulated air toxic pollutant that if exceeded during any part of a working exposure, will cause detrimental effects to humans.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.61), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.36), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.37) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.37 Cement, ready mix concrete, and cement block source {#sec-env-a-102.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.37}

“Cement, ready mix concrete, and cement block source” means any source engaged in the manufacturing or handling of bulk cement, ready mix cement, or cement blocks.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.17)
#5033, eff 12-27-90 (from Env-A 101.19); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.18); renumbered by #8256 (from Env-A 101.62), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.37), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.38) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.38 Certificate of representation {#sec-env-a-102.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.38}

“Certificate of representation” as used in the definition of “designated representative” means the completed and signed submission required pursuant to title IV Acid Deposition Control of the Act and which certifies the appointment of a designated representative authorized to represent the owner or operator of an acid rain affected source or an acid rain affected unit with regard to the requirements of title IV Acid Deposition Control.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.63), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.38), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.38) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.39 Chemical Abstract Service (CAS) {#sec-env-a-102.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.39}

“Chemical Abstract Service (CAS)” means the service of the American Chemical Society that is used to identify all existing chemicals through the use of unique numbers.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.16)
#5033, eff 12-27-90 (from Env-A 101.18); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.17); renumbered by #8256 (from Env-A 101.64), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.39), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.40) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.40 Chronic {#sec-env-a-102.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.40}

“Chronic” means an exposure that lasts between one year and a lifetime in duration.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.65), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.40), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.41) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.41 Class A major source {#sec-env-a-102.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.41}

“Class A major source” means a major source with a maximum total heat input capacity of 1000 MMBTU per hour or more.

History

#6469-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.66), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.41), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.42) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.42 Class B major source {#sec-env-a-102.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.42}

“Class B major source” means a major source with a maximum total heat input capacity of less than 1000 MMBTU per hour.

History

#6469-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.67), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.42), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.43) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.43 Clean Air Act (Act) {#sec-env-a-102.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.43}

“Clean Air Act (Act)” means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.18)
#5033, eff 12-27-90 (from Env-A 101.20); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.19); renumbered by #8256 (from Env-A 101.68), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.43), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.44) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.44 Cleaning of fires {#sec-env-a-102.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.44}

“Cleaning of fires” means the adjusting of a combustion process to improve and optimize operation of the device. This includes the adjustment of the flame using visual and process information.

History

#6505-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.70), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.44), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.45) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.45 Coal {#sec-env-a-102.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.45}

“Coal” means “coal” as defined in 40 CFR 60.41, reprinted in Appendix D.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.72), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.45), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.46) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.46 Combustion device {#sec-env-a-102.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.46}

“Combustion device” means any device, including incinerators, boilers, turbines and engines, as well as asphalt plant dryers and miscellaneous combustion sources, that discharge air pollutants into the ambient air as a result of a combustion process.

History

#6983-A, eff 4-23-99; renumbered by #8256 (from Env-A 101.75), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.46), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.47) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.47 Combustion products {#sec-env-a-102.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.47}

“Combustion products” means the particulate and gaseous pollutants created by the oxidation or burning of any material.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.22); renumbered by #8256 (from Env-A 101.76), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.47), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.48) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.48 Commenced {#sec-env-a-102.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.48}

“Commenced” means “commenced” as applied to construction of a major emitting facility, and as defined in section 169(2) of the Act, namely “that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has (i) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time.”

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.23); renumbered by #8256 (from Env-A 101.77), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.48), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.49) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.49 Commissioner {#sec-env-a-102.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.49}

“Commissioner” means the commissioner of the state of New Hampshire department of environmental services.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.79), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.49), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.50) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.50 Conforming fuel {#sec-env-a-102.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.50}

“Conforming fuel” means any fuel having a pollutant content that is less than or equal to the applicable pollutant content limit for that particular fuel.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.81), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.50), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.51) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.51 Consignment {#sec-env-a-102.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.51}

“Consignment” means:

(a) A shipment of liquid fuel 420,000 gallons and larger; or

(b) A shipment of coal 8,000 tons and larger.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.82), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.51), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.52) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.52 Construction {#sec-env-a-102.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.52}

“Construction” means “construction” as defined in section 402 of the Act, namely “fabrication, erection, or installation of an affected unit.” In addition, pursuant to section 169(2)(C), “when used in connection with any source or facility [The definition of the term], includes the modification (as defined in section 111(a) [of the Act]) of any source or facility.”

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.83), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note at #2 chapter heading); renumbered by #9839 (from Env-A 101.52), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.53) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.53 Continuous Emission Monitoring System (CEMS) {#sec-env-a-102.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.53}

“Continuous Emission Monitoring System (CEMS)” means “continuous emission monitoring system” as defined in section 402(7) of the Act, namely “the equipment as required by section 412 [monitoring, reporting and recordkeeping], used to sample, analyze, measure, and provide on a continuous basis a permanent record of emissions and flow (expressed in pounds per million British thermal units (lbs/mmBtu), pounds per hour (lbs/hr) or such other form as the Administrator may prescribe by regulations under section 412).”

History

#6057-A, eff 6-30-95; ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.84), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.53), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.54) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.54 Control {#sec-env-a-102.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.54}

“Control” means the application of equipment or methods designed to achieve the reductions of emissions necessary for attainment and maintenance of ambient air quality standards.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; rpld by #5033, eff 12-27-90
#5033, eff 12-27-90 (from Env-A 101.25); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.24); renumbered by #8256 (from Env-A 101.85), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.54), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.55) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.55 Council {#sec-env-a-102.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.55}

“Council” means the air resources council of the state of New Hampshire, established pursuant to RSA 21-O.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.24)
#5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.25); renumbered by #8256 (from Env-A 101.87), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.55), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.56) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 102.56 Crude oil {#sec-env-a-102.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 102.56}

“Crude oil” means a naturally-occurring hydrocarbon mixture, generally in liquid state, that typically also contains other organic and inorganic compounds.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.89), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.56), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.57) (see Revision Note #4 at chapter heading for Env-A 100)

Part Env-A 103 Definitions: D Through L

N.H. Code Admin. R. Ann. Env-A 103.01 De minimis emission level {#sec-env-a-103.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.01}

“De minimis emission level” means an uncontrolled emission rate that is in compliance with an associated ambient air limit.

History

#6739-A, eff 5-8-98; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.90), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.57), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.58) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.02 Deem complete {#sec-env-a-103.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.02}

“Deem complete” means to make a determination that an application contains the components of an application package required by the department in order to be subjected to review as an application for a particular permit. It does not mean that the information so provided is correct, relevant, or entire, or that the department will not require additional information in order to make a final determination as to the issuance of said permit.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.91), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.58), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.59) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.03 Demolition {#sec-env-a-103.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.03}

“Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operation or the intentional burning of any facility.

History

#6482-A, eff 4-1-97; renumbered by #8256 (from Env-A 101.92), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.59), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.60) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.04 Designated representative {#sec-env-a-103.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.04}

“Designated representative” means any of the following:

(a) “Responsible official” as defined in Env-A 104;

(b) “Designated representative” as defined in section 402(26) of the Act, namely “a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit”; or

(c) In matters pertaining to the requirements of title IV Acid Deposition Control, a person who is authorized by the owner or operator of an acid rain affected source, or all acid rain affected units at such an affected source, as those terms are defined by federal law, as evidenced by a certificate of representation, to represent or legally bind the owner or operator in matters of federal law, including but not limited to the following:

(1) The holding, transfer, or disposition of allowances allocated to an acid rain affected unit; and

(2) The submission of, or compliance with, permits, permit applications, compliance plans, emission monitoring plans, continuous emissions monitor (CEM) and continuous opacity monitor (COM) certification notifications, CEM and COM certification and applications, quarterly monitoring and emission reports, and annual compliance certifications.

History

#6057-A, eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.93), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.60), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.61) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.05 Developmental effect {#sec-env-a-103.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.05}

“Developmental effect” means an adverse effect on a developing organism that results or that can result from exposure to either parent prior to conception, exposure to the organism during prenatal development, or exposure to the organism at any time during postnatal development to the time of sexual maturation. Such effects can be detected at any point in the life span of the organism. Manifestations of such effects can include death of the developing organism, structural abnormality, altered growth, or functional deficiency.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.94), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.61), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.62) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.06 Device {#sec-env-a-103.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.06}

“Device” means either of the following depending on the purpose for its use:

(a) For purposes of RSA 125-C, “device” means “device which contributes to air pollution” as defined in RSA 125-C:2, VI, reprinted in Appendix C; or

(b) For purposes of RSA 125-I, “device” means “device” as defined in RSA 125-I:2, IX, reprinted in Appendix C.

History

#1717, eff 2-19-81; amd by #1829, eff 10-12-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.26); ss by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.95), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.62), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.63) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.07 Diesel engine {#sec-env-a-103.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.07}

“Diesel engine” means any engine using diesel oil as a fuel and having compression ignition.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.27); renumbered by #8256 (from Env-A 101.96), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.63), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.64) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.08 Director {#sec-env-a-103.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.08}

“Director” means the director of the state New Hampshire, department of environmental services, air resources division.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.28); renumbered by #8256 (from Env-A 101.99), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.64), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.65) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.09 Division {#sec-env-a-103.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.09}

“Division” means the air resources division of the state of New Hampshire department of environmental services.

6-30-95 (from Env-A 101.29); renumbered by #8256 (from Env-A 101.100), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.65), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.66) (see Revision Note #4 at chapter heading for Env-A 100)

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.30)
#5033, eff 12-27-90; ss and moved by #6057-A, eff

N.H. Code Admin. R. Ann. Env-A 103.10 Draft permit {#sec-env-a-103.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.10}

“Draft permit” means the version of a title V operating permit available for purposes of public notice and affected state review.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.101), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.66), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.67) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.11 Emergency generator {#sec-env-a-103.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.11}

“Emergency generator” means a stationary internal combustion engine or stationary combustion turbine which operates as a mechanical or electrical power source only during an emergency, as defined in Env-A 1302, or during periods of testing and scheduled maintenance. The term does not include an engine for which the owner or operator of such engine is party to any other agreement to sell electrical power from such engine to an electricity supplier, or otherwise receives any reduction in the cost of electrical power for agreeing to produce power during periods of reduced voltage or reduced power availability.

History

#9119-A, eff 4-3-08; renumbered by #9839 (from Env-A 101.661), (see Revision Note #3 at chapter heading); ss by #12583, eff 8-15-18; ss by #13105, eff 9-25-20 (formerly Env-A 101.671) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.12 Emergency motor vehicle {#sec-env-a-103.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.12}

“Emergency motor vehicle” means any motor vehicle used by personnel of a fire, police, ambulance, or other emergency response unit, or public utility emergency response unit, in the performance or maintenance of their duties to protect public health, safety, and welfare. This term includes the following types of motor vehicles:

(a) Those under government control for the removal of snow;

(b) Those used for towing or servicing of other emergency motor vehicles; and

History

#6343-A, eff 9-28-96; renumbered by #8256 (from Env-A 101.104), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.67), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.68) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.13 Emission {#sec-env-a-103.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.13}

“Emission” means “emission” as defined in RSA 125-C:2, VIII, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.33)
#5033, eff 12-27-90 (from Env-A 101.30); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.31); renumbered by #8256 (from Env-A 101.105), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.68), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.69) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.14 Emissions allowable under the permit {#sec-env-a-103.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.14}

“Emissions allowable under the permit” means “emissions allowable under the permit” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.106), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.69), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.70) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.15 Emission inventory {#sec-env-a-103.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.15}

“Emission inventory” means the source, process, and process equipment inventory and emission reports required to be submitted annually to the department for all sources of an air contaminant and, the source, process, and emission data for stationary, area, and mobile sources upon which the department evaluates air quality and prepares and periodically updates the state implementation plan.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.107), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.70), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.71) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.16 Emission limitation {#sec-env-a-103.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.16}

“Emission limitation” means “emission limitation” as defined in § 302(k) of the Act, namely “a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction and any design, equipment work practice or operational standard promulgated under this Act.” This term includes “emission standard”.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.108), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.71), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.72) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.17 Emissions unit {#sec-env-a-103.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.17}

“Emissions unit” means “emissions unit” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.110), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.72), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.73) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.18 EPA {#sec-env-a-103.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.18}

“EPA” means the United States Environmental Protection Agency.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.34)
#5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.32); renumbered by #8256 (from Env-A 101.113), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.7), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.74) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.19 Excess emissions {#sec-env-a-103.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.19}

“Excess emissions” means an air emission rate which exceeds any applicable emission limitation.

History

#6983-A, eff 4-23-99; renumbered by #8256 (from Env-A 101.115), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.74), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.75) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.20 Existing source {#sec-env-a-103.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.20}

“Existing source” means any stationary source other than a new source.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.118), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.75), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.76) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.21 Facility {#sec-env-a-103.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.21}

“Facility” means, for the purpose of RSA 125-C and RSA 125-I, a stationary source.

History

#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 (see Env-A 101.37)
#5033, eff 12-27-90 (from Env-A 101.35); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.36); ss by #6482-A, eff 4-1-97; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.120), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.76), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.77) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.22 Federal implementation plan {#sec-env-a-103.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.22}

“Federal implementation plan” means “federal implementation plan” as defined in section 302(y) of the Act, namely “a plan (or portion thereof) promulgated by the Administrator to fill all or a portion of a gap or otherwise correct all or a portion of an inadequacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as marketable permits or auctions of emissions allowances), and provides for attainment of the relevant national ambient air quality standard.”

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.122), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.78), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.78) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.23 Federally enforceable {#sec-env-a-103.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.23}

“Federally enforceable” means all limitations and conditions that are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the state implementation plan, permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I including operating permits issued under an EPA approved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.123), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.78), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.79) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.24 Ferrous foundry {#sec-env-a-103.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.24}

“Ferrous foundry” means a source used for melting or refining ferrous metals such as iron that is constructed of numerous parts, including but not limited to furnaces, checkers, flues, stacks, tuyeres, fans, blowers, tapping spouts, charging equipment, gas cleaning devices, and other auxiliaries. The term includes all types of foundry furnaces, including but not limited to cupola, rotary, reverberatory, electric, air, open hearth, and crucible.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.38)
#5033, eff 12-27-90 (from Env-A 101.36); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.37); renumbered by #8256 (from Env-A 101.124), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.80), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.80) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.25 Final action {#sec-env-a-103.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.25}

“Final action” means the issuance or denial of the proposed permit by the department.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.125), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.80), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.81) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.26 Final permit {#sec-env-a-103.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.26}

“Final permit” means:

(a) For the purposes of these rules, “final permit” as defined in 40 CFR 70.2, reprinted in Appendix D; and

(b) For the purposes of RSA 125-C:11, III, a “state permit to operate” as defined in Env-A 105.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.126), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.81), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.82) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.27 Flue gas {#sec-env-a-103.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.27}

“Flue gas” means the products of combustion that leaves a combustion device by way of a flue or stack.

History

#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 (see Env-A 101.39)
#5033, eff 12-27-90 (from Env-A 101.37); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.38); renumbered by #8256 (from Env-A 101.127), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.83), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.83) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.28 Foundry {#sec-env-a-103.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.28}

“Foundry” means the equipment used for the processing of metals, including but not limited to handling and preparing raw materials, producing metal molds and cores, and melting, casting and finishing metals.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.129), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.83), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.84) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.29 Fuel {#sec-env-a-103.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.29}

“Fuel” means any form of combustible matter such as solid, liquid, vaporous, or gaseous matter.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.41)
#5033, eff 12-27-90 (from Env-A 101.39); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.40); renumbered by #8256 (from Env-A 101.131), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.84), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.85) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.30 Fuel burning device {#sec-env-a-103.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.30}

“Fuel burning device” means any device engineered to burn fuel for the primary purpose of producing heat or power.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.42)
#5033, eff 12-27-90 (from Env-A 101.40); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.41); renumbered by #8256 (from Env-A 101.132), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.85), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.86) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.31 Fuel supplier {#sec-env-a-103.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.31}

"Fuel supplier" means any person selling fuel to an owner or operator of a source in New Hampshire.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.133), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.86), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.87) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.32 Fugitive dust {#sec-env-a-103.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.32}

“Fugitive dust” means particulate matter emitted due to the forces of wind, human activity, or both, including but not limited to particulate matter emitted from haul roads, wind erosion of exposed surfaces and storage piles, and other removal, storage, transportation, or redistribution activities.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.43)
#5033, eff 12-27-90 (from Env-A 101.41); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.42); ss by #7839, eff 3-1-03; renumbered by #8256 (from Env-A 101.134), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.87), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.88) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.33 Fugitive emissions {#sec-env-a-103.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.33}

“Fugitive emissions” mean “fugitive emissions” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#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 (see Env-A 101.44)
#5033, eff 12-27-90 (from Env-A 101.42); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.43); renumbered by #8256 (from Env-A 101.135), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.88), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.89) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.34 Fumes {#sec-env-a-103.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.34}

“Fumes” mean very small particles, often metals or metallic oxides, resulting from chemical reactions or from the condensation of vapors produced in combustion, distillation, or sublimation, which may have a compositions that differs from that of the parent material from which the fumes originate.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.45)
#5033, eff 12-27-90 (from Env-A 101.43); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.44); renumbered by #8256 (from Env-A 101.136), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2) at chapter heading; renumbered by #9839 (from Env-A 101.89), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.90) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.35 Gases {#sec-env-a-103.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.35}

“Gases” mean formless fluids that under standard conditions occupy the space of an enclosure and that can be changed to a liquid or solid state only by the increase or decrease of pressure or temperature.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.46)
#5033, eff 12-27-90 (from Env-A 101.44); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.45); renumbered by #8256 (from Env-A 101.137), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.90), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.91) (see Revision Note #4 at chapter heading for Env-A 100);

N.H. Code Admin. R. Ann. Env-A 103.36 General permit {#sec-env-a-103.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.36}

“General permit” means “general permit” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.138), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.91), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.92) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.37 General state permit {#sec-env-a-103.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.37}

“General state permit” means a permit that the owner or operator of a source can choose to operate under in lieu of a state permit to operate.

History

#6782-A, eff 6-30-98; renumbered by #8256 (from Env-A 101.139), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.92), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.93) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.38 Good boiler operating practice {#sec-env-a-103.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.38}

“Good boiler operating practice” means the operation of a boiler to maximize efficiency and safety of the unit. The term includes but is not limited to the following activities:

(a) Operation of the boiler in an efficient manner consistent with the procedures set forth in “Combustion Efficiency Tables” dated 1991, published by Fairmont Press, specifically Chapter 3 titled “The ASME/ANSI Boiler Test Code, The Basis of Measuring Efficiency” and Chapter 5 titled “Boiler Tuneup”;

(b) Operation of the boiler in such a manner as to maximize safety of all personnel;

(d) Operation of the boiler such that there is no danger to public health; and

(e) The adherence to operation and maintenance procedures that enhance, promote, or maintain the good physical condition of the boiler and associated equipment.

History

#6505-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.142), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.93), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.94) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.39 Grate cleaning {#sec-env-a-103.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.39}

“Grate cleaning” means the process of performing on-line mechanical cleaning of a grate section of a boiler for the purpose of removing boiler ash and slag deposits.

History

#6505-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.143), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.94), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.95) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.40 Greenhouse gases (GHGs) {#sec-env-a-103.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.40}

“Greenhouse gases (GHGs)” means the group of 6 gases that, when emitted to the ambient air, act as a shield to trap heat in the earth’s atmosphere. The group is comprised of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

History

#9839 eff 12-21-10; ss by #13105, eff 9-25-20 (formerly Env-A 101.96) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.41 Hazardous air pollutant {#sec-env-a-103.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.41}

“Hazardous air pollutant” means any air pollutant listed pursuant to section 112(b) of the Act.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.144), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.95), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.97) (see Revision Note #4 at chapter heading for Env-A 100); ss by #14117, eff 11-23-24

N.H. Code Admin. R. Ann. Env-A 103.42 Heat release {#sec-env-a-103.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.42}

“Heat release” means the amount of heat liberated by the complete combustion of a given unit of specific material from the inside volume of the furnace in which the combustion takes place, expressed as calories per second per cubic meter or BTUs per hour per cubic foot.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.48)
#5033, eff 12-27-90 (from Env-A 101.46); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.47); renumbered by #8256 (from Env-A 101.145), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.96), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.98) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.43 Heating values {#sec-env-a-103.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.43}

“Heating values” mean the calories or BTUs released by the combustion of a given unit of specific fuel or waste.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (from Env-A 101.49)
#5033, eff 12-27-90 (from Env-A 101.47); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.48); renumbered by #8256 (from Env-A 101.146), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.97), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.99) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.44 High ozone season {#sec-env-a-103.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.44}

“High ozone season” means the period from June 1 through August 31 of any given calendar year.

History

#6983-A, eff 4-23-99; renumbered by #8256 (from Env-A 101.148), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.98), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.100) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.45 Hot mix asphalt plant {#sec-env-a-103.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.45}

“Hot mix asphalt plant” means any facility, including all equipment, used for the manufacture of asphalt by heating and drying aggregate and asphalt concrete. The term “equipment” as used in this definition includes but is not limited to burners, dryers, elevators, conveyors, screens, mixers, weighing equipment, bins, and air pollution control equipment.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.149), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.99), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.101) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.46 HVAC systems {#sec-env-a-103.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.46}

“HVAC systems” means heating, ventilation, and air conditioning system(s).

History

#6482-A, eff 4-1-97; renumbered by #8256 (from Env-A 101.150), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.100), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.102) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.47 Hydrocarbons {#sec-env-a-103.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.47}

“Hydrocarbons” means compounds consisting of atoms of carbon and hydrogen that exist in the ambient air in gaseous state at standard conditions.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.50)
#5033, eff 12-27-90 (from Env-A 101.48); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.49); renumbered by #8256 (from Env-A 101.151), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.101), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.103) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.48 Incinerator {#sec-env-a-103.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.48}

“Incinerator” means a device engineered to burn or oxidize solid, semi-solid, liquid, or gaseous waste for the primary purpose of volume reduction, disposal, or chemical destruction, leaving little or no combustible material. The term includes, but is not limited to, heat recovery systems and wood waste burners.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.51)
#5033, eff 12-27-90 (from Env-A 101.49); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.50); renumbered by #8256 (from Env-A 101.152), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.102), (see Revision Note #3 at chapter heading); ss by #10316, eff 4-23-13; ss by #13105, eff 9-25-20 (formerly Env-A 101.104) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.49 Interactive source {#sec-env-a-103.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.49}

“Interactive source” means any stationary source, area source, or device that is:

(a) Located beyond the property boundaries of a source or device that is required to perform an air pollution dispersion modeling analysis; and

(b) Emits any of the same air pollutants, except for hazardous air pollutants or toxic air pollutants, as the source or device required to perform such analysis.

History

#6342-A, eff 9-28-96; renumbered by #8256 (from Env-A 101.154), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.103), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.105) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.50 Investment casting operation {#sec-env-a-103.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.50}

“Investment casting operation” means a ceramic or metal casting process that is used to make reproductions of sculptured pieces and is adapted for the manufacture of precision metal parts using the lost wax process.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.53)
#5033, eff 12-27-90 (from Env-A 101.51); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.52); ss by #6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.155), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.104), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.106) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.51 Issue {#sec-env-a-103.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.51}

“Issue” means to send out officially, such as a decision, by mailing copies, posting on a web site, or otherwise publishing.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.156), (see Revision Note #1 at chapter heading; renumbered by #8304, see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.105), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.107) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.52 Kraft mill {#sec-env-a-103.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.52}

“Kraft mill” means any pulping process that uses an alkaline sulfide solution containing sodium hydroxide and sodium sulfide as a cooking liquor.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.54)
#5033, eff 12-27-90 (from Env-A 101.52); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.53); renumbered by #8256 (from Env-A 101.157), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.106), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.108) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.53 Lead (Pb) {#sec-env-a-103.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.53}

“Lead (Pb)” means a bluish-gray metallic chemical element, atomic number 82.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.55)
#5033, eff 12-27-90 (from Env-A 101.53); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.54); renumbered by #8256 (from Env-A 101.159), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.107), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.109) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.54 Lethal concentration fifty (LC50) {#sec-env-a-103.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.54}

“Lethal concentration fifty (LC50)” means a calculated concentration of an air pollutant that designates the level at which inhalation of such pollutant for a specified time is expected to cause the death of 50% of an entire experimental animal population.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.160), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.108), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.110) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.55 Lethal dose fifty (LD50) {#sec-env-a-103.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.55}

“Lethal dose fifty (LD50)” means a calculated oral or dermal dose of an air pollutant that is expected to cause the death of 50% of an entire experimental animal population.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.161), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.109), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.111) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.56 Lime kiln {#sec-env-a-103.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.56}

“Lime kiln” means a unit used to calcine lime mud, which is the process of heating calcium carbonate in the lime mud to a high temperature, without fusing, in order to drive off the carbon dioxide and to produce calcium oxide.

History

#6724-A, eff 3-28-98; renumbered by #8256 (from Env-A 101.162), see Revision Note at #1 chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.110), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.112) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 103.57 Lowest Achievable Emission Rate (LAER) {#sec-env-a-103.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 103.57}

“Lowest Achievable Emission Rate (LAER)” means “lowest achievable emission rate” as defined in section 171 of the Act, namely “for any source, that rate of emissions which reflects:

(a) The most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or

(b) The most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent."

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.56)
#5033, eff 12-27-90 (from Env-A 101.54); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.55); renumbered by #8256 (from Env-A 101.163), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.111), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.113) (see Revision Note #4 at chapter heading for Env-A 100)

Part Env-A 104 Definitions: M Through R

N.H. Code Admin. R. Ann. Env-A 104.01 Major fuel company {#sec-env-a-104.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.01}

“Major fuel company” means all oil and coal companies that supply 10% or more of the annual fuel offered for use or sale within the state of New Hampshire in any calendar year.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.167), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.113), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.114) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.02 Major source {#sec-env-a-104.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.02}

“Major source” means a stationary source that has been identified as meeting a specified threshold for producing pollutants of concern. The term includes:

(a) “Acid rain affected source” as defined in this part;

(b) “Major source” as defined in 40 CFR 70.2, July 1, 2014 edition, reprinted in Appendix D, including the following:

(1) Any source with the potential to emit nitrogen oxides in the following counties and specific quantities:

a. In Belknap, Carroll, Cheshire, Coos, Grafton, or Sullivan counties, 100 tpy or more; or

b. In Hillsborough, Merrimack, Rockingham, or Strafford counties, 50 tpy or more; or

(2) Any source with the potential to emit volatile organic compounds in the quantity of 50 tpy or more; and

(c) For purposes of Env-A 619, a major stationary source as defined in the federal definition cited in Env-A 619.03(a) or (b), as applicable.

History

#6057-A, eff 6-30-95; amd by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.168), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss and renumbered by #9839, eff 12-21-10 (from Env-A 101.113), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.115) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.03 Malfunction {#sec-env-a-104.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.03}

“Malfunction” means “malfunction” as defined in 40 CFR 60.2, reprinted in Appendix D.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.169), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.114), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.116) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.04 Manufactured gas {#sec-env-a-104.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.04}

“Manufactured gas” means a mixture of gaseous hydrocarbons that can include propane, propylene, butane, butylene, or isobutane, or any combination thereof, mixed in any proportion with each other or with air, that is produced by separating hydrocarbons of greater density from natural gas or oil-refinery gas.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.170), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.115), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.117) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.05 Maximum achievable control technology (MACT) {#sec-env-a-104.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.05}

“Maximum achievable control technology (MACT)” means the technology required by amended section 112 of the Act for major sources of listed hazardous air pollutants, reflecting the maximum degree of emissions reductions achievable, taking into account availability, cost, and other factors.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.171), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.116), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.118) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.06 Minor permit amendment {#sec-env-a-104.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.06}

“Minor permit amendment” means a change to a permit condition in a temporary permit or a state permit to operate issued to a source or device which does not:

(a) Result in an increase in the amount of a specific air pollutant emitted by the source or device;

(b) Result in the emission of any additional air pollutant; or

History

#6057-A, eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A 101.174), see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.117), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.119) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.07 Minor permit modification {#sec-env-a-104.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.07}

“Minor permit modification” means a revision to a title V operating permit that:

(a) Does not violate any applicable requirement;

(b) Does not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

(c) Does not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(d) Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

(1) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I; and

(2) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act;

(e) Is not a modification under any provision of title I of the Act; and

(f) Is not required by rules in Env-A 600 to be processed as a significant modification.

History

#6057-A, eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A 101.175), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.118), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.120) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.08 Mobile source {#sec-env-a-104.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.08}

“Mobile source” means any source involving motor vehicular activity.

History

#1717, eff 2-19-81; ss by #1734, eff 3-25-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (see Env-A 101.55); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.56); renumbered by #8256 (from Env-A 101.176), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.119), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.121) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.09 Modification {#sec-env-a-104.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.09}

“Modification” means either of the following depending on the purpose for its use:

(a) For purposes of RSA 125-C, “modification” means any physical or operational change in a stationary source or device that increases the amount of a specific air pollutant emitted by such source or device, or that results in the emission of any additional air pollutant, but does not include:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material by a stationary source that the source was capable of using before February 1, l973 unless prohibited by an enforceable permit condition;

(3) Use of an alternative fuel derived from municipal solid waste in a steam generating unit; or

(4) An increase in the hours of operation or in the production rate unless prohibited by an enforceable permit condition; or

(b) For purposes of RSA 125-I, “modification” means “modification” as defined in RSA 125-I:2, X, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.58)
#5033, eff 12-27-90 (from Env-A 101.56); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.57); ss by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.177), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.120) (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.122) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.10 Motor vehicle {#sec-env-a-104.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.10}

“Motor vehicle” means an on-road vehicle powered by an internal combustion engine. This term includes motorcycles and emergency motor vehicles. For purposes of this definition, "on-road vehicle" means any vehicle which is authorized to operate on public roads.

History

#1717, eff 2-19-81; rpld by #1923, eff 1-18-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90
#5033, eff 12-27-90 (from Env-A 101.57); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.58); ss by #6343-A, eff 9-28-96; renumbered by #8256 (from Env-A 101.178), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.121), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.123) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.11 Mutagenic {#sec-env-a-104.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.11}

“Mutagenic” means the ability of a chemical to cause a change in the genetic material in the nucleus of a cell in a way that can be transmitted during cell division.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.182), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.122), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.124) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.12 National Ambient Air Quality Standards (NAAQS) {#sec-env-a-104.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.12}

“National Ambient Air Quality Standards (NAAQS)” mean the maximum air pollutant levels set by EPA, which if attained, allow an adequate margin of safety to protect human health.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.183), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.123), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.125) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.13 New source {#sec-env-a-104.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.13}

“New source” means “new source” as defined by the following:

(a) For purposes of New Source Performance Standards, section 111(a)(2) of the Act, namely “any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source”; or

(b) For purposes of Hazardous Air Pollutants, section 112 of the Act, namely “a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.”

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.185), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.124), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.126) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.15 New Source Review (NSR) {#sec-env-a-104.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.15}

“New Source Review (NSR)” means a program for reviewing major sources and modifications prior to construction in nonattainment or PSD areas.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.186), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.125), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.127) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.16 Nitrogen Oxide (NOx) {#sec-env-a-104.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.16}

“Nitrogen Oxide (NOx)” means a gaseous mixture of which the most significant components are nitric oxide (NO), a colorless, poisonous gas obtained by oxidation of nitrogen or ammonia, and nitrogen dioxide (NO2), a brownish to yellowish, poisonous gas.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.60); renumbered by #8256 (from Env-A 101.189), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.127), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.129) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.17 Non-attainment area {#sec-env-a-104.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.17}

“Non-attainment area” means an area which has been shown by monitored data or calculated by air quality modeling to exceed a New Hampshire or national ambient air quality standard for a specific pollutant.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.61); renumbered by #8256 (from Env-A 101.190), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.128), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.130) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.18 Non-conforming fuel {#sec-env-a-104.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.18}

“Non-conforming fuel” means any fuel that has a pollutant content that exceeds the applicable pollutant content limit for that particular fuel.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.191), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.129), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.131) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.19 Non-ferrous foundry {#sec-env-a-104.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.19}

“Non-ferrous foundry” means any facility used for melting or alloying non-ferrous metals such as brass, bronze, or zinc, which is constructed of numerous parts, including but not limited to, furnaces, checkers, flues, stacks, tuyeres, fans, blowers, tapping spouts, charging equipment, gas cleaning devices, and other auxiliaries. The term includes all types of foundry furnaces, including as rotary, reverberatory, induction, crucible, and kettle.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.62); renumbered by #8256 (from Env-A 101.192), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.130), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.132) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.20 Nuisance {#sec-env-a-104.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.20}

“Nuisance” means anything that annoys or disturbs the free use of property, or renders its ordinary use or physical occupation uncomfortable.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.63); renumbered by #8256 (from Env-A 101.193), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.133), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.133) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.21 Occupational exposure limit (OEL) {#sec-env-a-104.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.21}

“Occupational exposure limit (OEL)” means the time-weighted average concentration of an airborne substance to which most workers can be exposed during a conventional workday and workweek, throughout a working lifetime, with no anticipated adverse health impact.

History

#6739-A, eff 5-8-98; renumbered by #8256 (from Env-A 101.194), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.132), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.134) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.22 Off-permit change {#sec-env-a-104.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.22}

“Off-permit change” means a change that is not addressed or prohibited by a title V operating permit.

History

#6057-A, eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.195), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.133), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.135) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.23 Opacity {#sec-env-a-104.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.23}

“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.64); renumbered by #8256 (from Env-A 101.198), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.134), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.136) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.24 Owner or operator {#sec-env-a-104.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.24}

“Owner or operator” means “owner or operator” as defined in 40 CFR 51.100(f), reprinted in Appendix D.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.66); renumbered by #8256 (from Env-A 101.200), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.135), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.137) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.25 Ozone (O3) {#sec-env-a-104.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.25}

“Ozone (O3)” means the most prevalent compound of those compounds called photochemical oxidants, that result from a complex series of atmospheric reactions initiated by being exposed to the ultraviolet component of sunlight.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.67); renumbered by #8256 (from Env-A 101.201), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.136), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.138) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.26 Particulate matter {#sec-env-a-104.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.26}

“Particulate matter” means any material, except uncombined water, that is or has been suspended in air or other gases and that exists in a finely divided form as a liquid or solid at standard conditions.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.68); renumbered by #8256 (from Env-A 101.203), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.139), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.139) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.27 Permit deviation {#sec-env-a-104.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.27}

“Permit deviation” means any occurrence that results in an excursion from any emission limitation, operating condition, or work practice standard as specified in either a title V permit, state permit to operate, or temporary permit issued by the department.

History

#6983-A, eff 4-23-99; renumbered by #8256 (from Env-A 101.204), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.138), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.140) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.28 Permitting authority {#sec-env-a-104.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.28}

“Permitting authority” means the state of New Hampshire department of environmental services, acting through its division of air resources.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.205), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.139), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.141) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.29 Person {#sec-env-a-104.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.29}

“Person” means “person” as defined in RSA 125-C:2, X, reprinted in Appendix C.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.69); renumbered by #8256 (from Env-A 101.206), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.140), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.142) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.30 Plant {#sec-env-a-104.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.30}

“Plant” means a stationary source.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.70); renumbered by #8256 (from Env-A 101.207), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.141), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.143) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.31 PM10 {#sec-env-a-104.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.31}

“PM10” means “PM10” as defined in 40 CFR 51.100(qq), reprinted in Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.208), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.142), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.144) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.32 Pollution control equipment {#sec-env-a-104.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.32}

“Pollution control equipment” means “pollution control equipment” as defined in RSA 125-I:2, XI, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.209), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.143), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.145) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.33 Portland cement plant {#sec-env-a-104.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.33}

“Portland cement plant” means any source manufacturing a type of hydraulic cement in the form of a finely divided gray powder composed of lime, alumina, silica, and iron oxide.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.210), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.144), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.146) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.34 Potential to emit {#sec-env-a-104.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.34}

“Potential to emit” means “potential to emit” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#1717, eff 2-19-81; amd by #1863, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.71); renumbered by #8256 (from Env-A 101.211), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.145), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.147) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.35 Prevention {#sec-env-a-104.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.35}

“Prevention” means to meet or satisfy in advance.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.72); renumbered by #8256 (from Env-A 101.212), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.148), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.148) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.36 Prevention of Significant Deterioration (PSD) {#sec-env-a-104.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.36}

“Prevention of Significant Deterioration (PSD)” means the program under title I of the Act that limits emissions increases in areas where NAAQS are already met.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.213), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.147), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.149) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.37 Process {#sec-env-a-104.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.37}

“Process” means either of the following depending on the purpose for its use:

(a) For purposes of RSA 125-C, “process” means any operation that combines devices, equipment, raw materials, utilities, and manpower for the production of goods, services, energy, pollution control, or other purposes; or

(b) For purposes of RSA 125-I, “process” means “process” as defined in RSA 125-I:2, XII, reprinted in Appendix C.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.73); ss by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.214), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.148), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.150) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.38 Process weight {#sec-env-a-104.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.38}

“Process weight” means the total weight of all materials, including solid fuel charged, less the weights of uncombined water introduced into any source operation.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; amd by #2459, eff 8-31-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.74); renumbered by #8256 (from Env-A 101.216), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.149), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.151) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.39 Process weight rate {#sec-env-a-104.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.39}

“Process weight rate” means the smallest value obtained by computing either of the following:

(a) For a continuous or long-run, steady-state source operation, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or part thereof; or

(b) For a cyclical or batch source operation, the total process weight for a period that covers a complete operation or any integral number of cycles, divided by the hours of actual process operation during such a period.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.75); renumbered by #8256 (from Env-A 101.217), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.150), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.152) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.40 Proposed permit {#sec-env-a-104.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.40}

“Proposed permit” means the version of a title V operating permit that the division proposes to issue and submits to EPA for its review.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.218), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.151), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.153) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.41 Pulp and paper industry {#sec-env-a-104.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.41}

“Pulp and paper industry” means the segment of industry that manufactures pulp, including kraft and sulfite pulps, and paper, including fine papers, coarse papers, and specialty papers.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.76); renumbered by #8256 (from Env-A 101.219), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.152), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.154) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.42 Reasonable {#sec-env-a-104.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.42}

“Reasonable” means fair, proper, just, moderate, and suitable under the circumstances.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.78); renumbered by #8256 (from Env-A 101.220), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.153), see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.155) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.43 Reasonable further progress {#sec-env-a-104.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.43}

“Reasonable further progress” means “reasonable further progress” as defined in section 171 of the Act, namely "such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date."

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.79); renumbered by #8256 (from Env-A 101.221), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.154), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.156) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.44 Reasonably available control technology (RACT) {#sec-env-a-104.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.44}

“Reasonably available control technology (RACT)” means “reasonably available control technology” as defined in 40 CFR 51(o), reprinted in Appendix D.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.81)
#5033, eff 12-27-90 (from Env-A 101.791, originally #4703, eff 11-16-89); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.80); renumbered by #8256 (from Env-A 101.222), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.157), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.157) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.45 Records {#sec-env-a-104.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.45}

“Records” means documents of organized and orderly information kept for the purpose of creating a permanent history of an action, result, or event.

History

#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 and moved by #6057-A, eff 6-30-95 (from Env-A 101.77); renumbered by #8256 (from Env-A 101.223), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.156), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.158) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.46 Reference concentration limit {#sec-env-a-104.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.46}

“Reference concentration limit” means “reference concentration limit” as defined in RSA 125-I:2, XIII, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.224), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.157), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.159) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.47 Regulated air pollutant {#sec-env-a-104.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.47}

“Regulated air pollutant” means “regulated air pollutant” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.225), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.158), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.160) (see Revision Note #4 at chapter heading for Env-A 100); ss by #14117, eff 11-23-24

N.H. Code Admin. R. Ann. Env-A 104.48 Regulated toxic air pollutant {#sec-env-a-104.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.48}

“Regulated toxic air pollutant” means “regulated toxic air pollutant” as defined in RSA 125-I:2, XIV, reprinted in Appendix C. The term includes any of the following:

(a) Any substance or compound that is listed as a hazardous air pollutant pursuant to section 112(b) of the Clean Air Act, 42 U.S.C. 7412, as amended;

(b) Any substance or compound for which there is a threshold limit value established by the American Conference of Governmental Industrial Hygienists; and

(c) Any substance or compound that has been added to the list of regulated toxic air pollutants pursuant to RSA 125-I:4,V and Env-A 1400.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.227), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.159), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.161) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.49 Repowering {#sec-env-a-104.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.49}

“Repowering” means:

(a) The replacement or conversion of an existing emissions unit with a new or converted unit resulting in lower emission rates of any air pollutant; or

(b) As defined in section 402 of the Act, the replacement of an existing boiler with a technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.230), (see Revision Note #1 at chapter heading; renumbered by #8304 (see Revision Note #2 at chapter heading; renumbered by #9839 (from Env-A 101.160), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.162) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.50 Reproductive effect {#sec-env-a-104.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.50}

“Reproductive effect” means an adverse effect on a reproductive system that results or that can result from exposure to one or more environmental agents. The effect can be expressed as an alteration to a female or male reproductive organ, the endocrine system, or a pregnancy outcome. Manifestations of such effects include adverse effects to the on-set of puberty, gamete production and transport, reproductive cycle normality, sexual behavior, fertility, gestation, parturition, lactation, pregnancy outcome, or premature reproductive senescence, or modifications in other functions that are dependent on the integrity of the reproductive system.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.231), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.161), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.163) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.51 Research and development (R&D) operation {#sec-env-a-104.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.51}

“Research and development (R&D) operation” means any operation whose exclusive purpose is to conduct a systematic investigation designed to create a new process or product or to improve an existing process or product, including investigations conducted at academic and technological facilities, where such an operation is conducted under the close supervision of technically trained personnel and is not conducted to manufacture products for commercial sale in commerce.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.232), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.162), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.164) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.52 Reserve {#sec-env-a-104.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.52}

“Reserve” means a bank of allowances established by the EPA under title IV Acid Deposition Control of the Act.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.233), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.163), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.165) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.53 Responsible official {#sec-env-a-104.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.53}

“Responsible official” means “responsible official” as defined in 40 CFR 70.2, reprinted in Appendix D.

History

#6057-A, eff 6-30-95; ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.235), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.164), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.166) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 104.54 Revoke {#sec-env-a-104.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 104.54}

“Revoke” means to take away, annul, or suspend a permit to operate, temporary permit, or any other license, certificate, registration, or other approval issued by the department following the opportunity for an adjudicative hearing held in accordance with Env-A 203.01(b).

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.236), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.165), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.167) (see Revision Note #4 at chapter heading for Env-A 100)

Part Env-A 105 Definitions: S Through Z

N.H. Code Admin. R. Ann. Env-A 105.01 Schedule of Compliance {#sec-env-a-105.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.01}

“Schedule of Compliance” means a schedule of remedial measures that will be implemented by the person(s) responsible for the underlying violations and that includes an enforceable sequence of actions that leads to compliance with applicable implementation plans, emissions standards, emission limitations, emission prohibitions, or other state or federal requirement.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.241), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.167), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.169) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.02 Secondary brass and bronze ingot production plant {#sec-env-a-105.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.02}

“Secondary brass and bronze ingot production plant” means any source producing brass or bronze ingots from new or scrap copper, zinc, tin, lead, or other metals.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.242), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.168), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.170) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.03 Secondary lead smelter {#sec-env-a-105.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.03}

“Secondary lead smelter” means any source producing lead from lead-bearing scrap material by smelting such material to a metallic form.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.243), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.169), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.171) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.04 Shutdown {#sec-env-a-105.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.04}

“Shutdown” means the cessation of operation of any stationary source, area source, or device for any purpose.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.246), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.170), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.172) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.05 Single industrial grouping {#sec-env-a-105.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.05}

“Single industrial grouping” as used in the definition of “major source” means a compilation where all pollutant emitting activities at a source or group of sources.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.249), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.171), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.173) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.06 Smelter {#sec-env-a-105.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.06}

“Smelter” means a furnace used to treat an ore by heating it to high temperatures for the purpose of separating any metallic portion from the non-metallic portion of the ore.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.84)
#5033, eff 12-27-90 (from Env-A 101.82); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.83); ss by #6428, eff 1-18-97; renumbered by #8256 (from Env-A 101.251), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.172), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.174) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.07 Smoke {#sec-env-a-105.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.07}

“Smoke” means small gas-borne particles resulting from incomplete combustion that consist predominantly, but not exclusively, of carbon ash and other combustible materials.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.85)
#5033, eff 12-27-90 (from Env-A 101.83); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.84); renumbered by #8256 (from Env-A 101.252), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.173), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.175) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.08 Soot blowing {#sec-env-a-105.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.08}

“Soot blowing” means the activation of mechanical devices for on-line cleaning of gas-side soot, boiler ash, and slag deposits to provide for optimum heat transfer and safe operation of a boiler.

History

#6505-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.253), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.174), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.176) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.09 Source category {#sec-env-a-105.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.09}

“Source category” means a category of stationary sources, area sources, or devices that require a state permit to operate pursuant to Env-A 608 and are sufficiently similar that the same regulatory requirements can be applied to all stationary sources, area sources, or devices in the category.

History

#6782-A, eff 6-30-98; renumbered by #8256 (from Env-A 101.254), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.175), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.177) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.10 Span value {#sec-env-a-105.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.10}

“Span value” means the upper limit of the gas concentration measurement range.

History

#6724-A, eff 3-28-98; renumbered by #8256 (from Env-A 101.255), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.176), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.178) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.11 Stack {#sec-env-a-105.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.11}

“Stack” means any chimney, flue, or duct arranged to discharge an emission to the ambient air.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.86)
#5033, eff 12-27-90 (from Env-A 101.84); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.85); renumbered by #8256 (from Env-A 101.256), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.177), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.179) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.12 Standard conditions {#sec-env-a-105.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.12}

“Standard conditions” mean a temperature of 20C, equivalent to 68F, and a pressure of 101.3 kilopascals, equivalent to 29.92 inches of Hg.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.87)
#5033, eff 12-27-90 (from Env-A 101.85); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.86); renumbered by #8256 (from Env-A 101.257), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.178), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.180) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.13 Standard cubic foot {#sec-env-a-105.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.13}

“Standard cubic foot” means one cubic foot of gas at standard conditions.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.88)
#5033, eff 12-27-90 (from Env-A 101.86); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.87); renumbered by #8256 (from Env-A 101.258), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.179), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.181) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.14 Standard cubic meter {#sec-env-a-105.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.14}

“Standard cubic meter” means one cubic meter of gas at standard conditions.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.89)
#5033, eff 12-27-90 (from Env-A 101.87); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.88); renumbered by #8256 (from Env-A 101.259), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.180), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.182) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.15 Startup {#sec-env-a-105.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.15}

“Startup” means the setting in operation of any stationary source, area source, or device.

History

#6428-A, eff 1-18-97; renumbered by #8256 (from Env-A 101.260), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.181), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.183) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.16 State implementation plan {#sec-env-a-105.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.16}

“State implementation plan” means the plan required by the Act for the state of New Hampshire, which contains strategies, programs, and rules to attain and maintain the national ambient air quality standards.

History

#1717, eff 2-19-81; amd by #1923, eff 1-18-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.90)
#5033, eff 12-27-90 (from Env-A 101.88); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.89); renumbered by #8256 (from Env-A 101.261), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.182), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.184) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.17 State permit to operate {#sec-env-a-105.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.17}

“State permit to operate” means a permit that can contain conditions and that is issued prior to operation or modification of a stationary source, area source, or device.

History

#6057-A, eff 6-30-95; ss by #7885, eff 5-3-03; renumbered by #8256 (from Env-A 101.262), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.183), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.185) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.18 State requirement {#sec-env-a-105.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.18}

“State requirement” means a requirement that is not federally-enforceable and is established in:

(a) A New Hampshire statute that regulates or authorizes the department to regulate some aspect of air emissions or air quality, including but not limited to RSA 125-C, RSA 125-D, RSA 125-I, RSA 125-J, RSA 125-K, and RSA 141-E; or

(b) A rule adopted by the commissioner of the department to implement such statutes.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.263), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.184), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.186) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.19 Stationary source {#sec-env-a-105.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.19}

“Stationary source” means either of the following depending on the purpose for its use:

(a) For purposes of RSA 125-C, “stationary source” means any building, structure, facility, or installation that emits or might emit any regulated air pollutant, or any air pollutant subject to regulation under the federal Clean Air Act, N.H. RSA 125-C, or Env-A 100 et seq.; or

(b) For purposes of RSA 125-I, “stationary source” means “stationary source” as defined in RSA 125-I:2, XV, reprinted in Appendix C.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.91)
#5033, eff 12-27-90 (from Env-A 101.89); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.90); ss by #6178, eff 1-30-96, EXPIRES: 5-29-96; ss by #6229, eff 4-25-96; ss by #6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.264), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.185), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.187) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.20 Steam generating unit {#sec-env-a-105.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.20}

“Steam generating unit” means any furnace, boiler, or other device used for combusting fuel for the purpose of producing steam by heat transfer.

History

#6505-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.265), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.186), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.188) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.21 Steam vent {#sec-env-a-105.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.21}

“Steam vent” means a point on steam generating equipment, a steam transport line, a condensate return system, or non-contact steam heat equipment, where steam can be released in the same condition as generated. The term excludes points of emission on process equipment or equipment heated by steam injection, including steam eductors, which could introduce a regulated air pollutant, a toxic air pollutant, or carbon monoxide into the steam.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.266), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.187), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.189) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.22 Sulfur compound {#sec-env-a-105.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.22}

“Sulfur compound” means any organic or inorganic chemical having one or more atoms of sulfur in its chemical structure.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.93)
#5033, eff 12-27-90 (from Env-A 101.91); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.92); renumbered by #8256 (from Env-A 101.268), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.188), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.190) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.23 Sulfur dioxide {#sec-env-a-105.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.23}

“Sulfur dioxide” means a colorless gas at standard conditions that has the molecular formula SO2.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.94)
#5033, eff 12-27-90 (from Env-A 101.92); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.93); renumbered by #8256 (from Env-A 101.269), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.189), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.191) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.24 Synthetic minor source {#sec-env-a-105.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.24}

“Synthetic minor source” means a stationary source or area source that has chosen to limit its potential to emit by accepting federally-enforceable permit conditions that restrict any one or more of the following:

(a) Hours of operation;

(b) Type or amount of material combusted, stored, or processed; or

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.272), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.190), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.192) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.25 Systemic effect {#sec-env-a-105.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.25}

“Systemic effect” means a type of toxic effect that requires absorption and distribution of a toxicant from its entry point into the body to a distant site in the body, where deleterious effects are produced.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.273), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.191), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.193) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.26 Temporary permit {#sec-env-a-105.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.26}

“Temporary permit” means a permit that can contain conditions, emission limits, or both, that is issued prior to the commencement of construction or installation of any new or modified device for a period no longer than 18 months.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.275), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.192), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.194) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.27 Threshold limit value {#sec-env-a-105.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.27}

“Threshold limit value” means “threshold limit value” as defined in RSA 125-I:2, XVI, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.277), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.193), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.195) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.28 Title I modification {#sec-env-a-105.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.28}

“Title I modification” means changes at a source that qualify as a modification under section 111 New Source Performance Standards or section 112(g) Modifications involving Hazardous Air Pollutants, or as a significant permit modification under Part C Prevention of Significant Deterioration or Part D Plan Requirements for Nonattainment, in title I of the Act.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.279), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.194), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.196) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.29 Title V operating permit {#sec-env-a-105.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.29}

“Title V operating permit” means “part 70 permit” as defined in 40 CFR 70.2, reprinted in Appendix D. A Title V operating permit is a federally-enforceable permit or group of permits for a particular source that is issued, renewed, amended, or revised by the director pursuant to title V of the Act and Env-A 600. For the purpose of these rules, this term shall include “permit to operate” as used in RSA 125-C:11,I-a.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.280), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.195), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.197) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.30 Total reduced sulfur (TRS) {#sec-env-a-105.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.30}

“Total reduced sulfur (TRS)” means the sum of the sulfur compounds present, including but not limited to hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.96)
#5033, eff 12-27-90 (from Env-A 101.94); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.95); ss by #6724-A, eff 3-28-98; renumbered by #8256 (from Env-A 101.281), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.196), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.198) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.31 Type 0 waste {#sec-env-a-105.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.31}

“Type 0 waste” means a mixture of highly combustible waste from commercial and industrial activities, including but not limited to paper, cardboard, wood, and combustible floor sweepings, that has a heating value of at least 4718 calories per gram, equivalent to 8500 BTUs per pound, as fired, and contains:

(a) Up to 10 percent by weight of plastic bags, coated paper, laminated paper, treated corrugated cardboard, oily rags, and plastic or rubber scraps;

(b) Up to 10 percent moisture; and

History

#7845, eff 3-8-03 (formerly Env-A 101.293(a)); renumbered by #8256 (from Env-A 101.283), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.197), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.199) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.32 Type 1 waste {#sec-env-a-105.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.32}

“Type 1 waste” means a mixture of combustible waste from domestic, commercial, and industrial activities, including but not limited to paper, cardboard, wood, foliage, and combustible floor sweepings, that has a heating value of at least 3608 calories per gram, equivalent to 6500 BTUs per pound, as fired, and contains:

(a) Up to 20 percent by weight of restaurant or cafeteria waste but little or no treated papers, plastic or rubber waste;

(b) Up to 25 percent moisture; and

History

#7845, eff 3-8-03 (formerly Env-A 101.293(b)); renumbered by #8256 (from Env-A 101.284), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.198), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.200) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.33 Type 2 waste {#sec-env-a-105.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.33}

“Type 2 waste” means an approximately even mixture of domestic rubbish and garbage by weight, which has a heating value of at least 2386 calories per gram, equivalent to 4300 BTUs per pound, as fired, and contains:

(a) Up to 50 percent moisture; and

(b) Up to 7 percent incombustible solids by weight.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(c)); renumbered by #8256 (from Env-A 101.285), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.199), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.201) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.34 Type 3 waste {#sec-env-a-105.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.34}

“Type 3 waste” means animal and vegetable wastes from restaurants, cafeterias, hotels, hospitals, markets, and like installations, that has a heating value of at least 1388 calories per gram, equivalent to 2500 BTUs per pound, as fired, and contains:

(a) Up to 70 percent moisture; and

(b) Up to 5 percent incombustible solids by weight.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(d)); renumbered by #8256 (from Env-A 101.286), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.200), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.202) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.35 Type 4 waste {#sec-env-a-105.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.35}

“Type 4 waste” means human and animal carcasses, organs, and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds, and similar sources, that has a heating value of at least 555 calories per gram, equivalent to 1000 BTUs per pound, as fired, and contains:

(a) Up to 85 percent moisture; and

(b) Up to 5 percent incombustible solids by weight.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(e)); renumbered by #8256 (from Env-A 101.287), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.201), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.203) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.36 Type 5 waste {#sec-env-a-105.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.36}

“Type 5 waste” means a gaseous, liquid, or semi-liquid by-product waste from industrial operations, including but not limited to tar, paints, solvents, sludge, and fumes.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(f)); renumbered by #8256 (from Env-A 101.288), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.202), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.204) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.37 Type 6 waste {#sec-env-a-105.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.37}

“Type 6 waste” means a solid by-product waste from industrial operations, including but not limited to rubber, plastic, and wood waste.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(g)); renumbered by #8256 (from Env-A 101.289), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.203), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.205) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.38 Type 7 waste {#sec-env-a-105.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.38}

“Type 7 waste” means municipal sewage sludge waste, consisting of residue generated from the processing of raw sludge at a wastewater treatment plant.

History

#7845, eff 3-8-03 (formerly Env-A 101.293(h)); renumbered by #8256 (from Env-A 101.290), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.204), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.206) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.39 Typical high ozone season day {#sec-env-a-105.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.39}

“Typical high ozone season day” means daily operating conditions that are representative of the high ozone season.

History

#6983-A, eff 4-23-99; ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.291), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.205), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.207) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.40 Uncontrolled emission {#sec-env-a-105.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.40}

“Uncontrolled emission” means “uncontrolled emission” as defined in RSA 125-I:2, XVII, reprinted in Appendix C.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-A, eff 3-5-97; renumbered by #8256 (from Env-A 101.292), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.206), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.208) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.41 Unit {#sec-env-a-105.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.41}

“Unit” means “device” as defined in Env-A 103.

History

#6057-A, eff 6-30-95; renumbered by #8256 (from Env-A 101.293), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.207), (see Revision Note #3 at chapter heading); ss by #13105, eff 9-25-20 (formerly Env-A 101.209) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.42 Unobstructed {#sec-env-a-105.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.42}

“Unobstructed” as applied to exhaust stacks for purposes of modeling means that:

(a) There is no impediment to vertical flow from the exhaust stack; and

(b) The exhaust stack extends at least 2 feet higher than any roofline within 10 feet of the exhaust stack exit, measured horizontally.

History

#10549, eff 4-4-14; ); ss by #13105, eff 9-25-20 (formerly Env-A 101.210) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.43 Untreated wood {#sec-env-a-105.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.43}

“Untreated wood” means any timber, board, or sawn dimensional lumber that has not been treated, coated, or preserved. The term does not include any manufactured building material, such as plywood or waferboard.

History

#6283-A, eff 7-10-96; renumbered by #8256 (from Env-A 101.294), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.208), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.210); ss by #13105, eff 9-25-20 (formerly Env-A 101.211) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.44 Used oil {#sec-env-a-105.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.44}

“Used oil” means “used oil” as defined in Env-Hw 104, reprinted in Appendix E.

History

#6519-A, eff 5-29-97; renumbered by #8256 (from Env-A 101.295), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.209), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.211); ss by #13105, eff 9-25-20 (formerly Env-A 101.212) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.45 Vehicle {#sec-env-a-105.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.45}

“Vehicle” means a vehicle powered in whole or in part by a gasoline combustion engine or a diesel engine.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.99)
#5033, eff 12-27-90 (from Env-A 101.97); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.98); renumbered by #8256 (from Env-A 101.297), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.210), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.212); ss by #13105, eff 9-25-20 (formerly Env-A 101.213) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.46 Volatile organic compound (VOC) {#sec-env-a-105.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.46}

“Volatile organic compound (VOC)” means any compound of carbon that participates in atmospheric photochemical reactions, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate. The term does not include any organic compound that the administrator of the EPA designates in 40 CFR 51.100(s) as having no or negligible photochemical reactivity.

History

#5033, eff 12-27-90 (from Env-A 101.98); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.99); ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.298), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); ss by #8561, eff 2-2-06; renumbered by #9839 (from Env-A 101.211), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.213); ss by #13105, eff 9-25-20 (formerly Env-A 101.214) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.47 Waiver {#sec-env-a-105.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.47}

“Waiver” means a grant of permission to deviate from a requirement or a group of requirements, typically given in response to a specific request.

History

#6506-A, eff 5-1-97; renumbered by #8256 (from Env-A 101.299), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.212), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.214); ss by #13105, eff 9-25-20 (formerly Env-A 101.215) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.48 Waste {#sec-env-a-105.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.48}

“Waste” means any matter consisting of garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control equipment and other discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.97)
#5033, eff 12-27-90 (from Env-A 101.95); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.96); ss by #7845, eff 3-8-03; renumbered by #8256 (from Env-A 101.300), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.213), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.215); ss by #13105, eff 9-25-20 (formerly Env-A 101.216) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.49 White liquor {#sec-env-a-105.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.49}

“White liquor” means the sodium sulfide and sodium hydroxide solution used in the kraft pulping process to chemically dissolve the organic substance that binds the cellulose fibers together.

History

#6724-A, eff 3-28-98; renumbered by #8256 (from Env-A 101.302), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.214), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.216); ss by #13105, eff 9-25-20 (formerly Env-A 101.217) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.50 Whole tree chip {#sec-env-a-105.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.50}

“Whole tree chip” means a piece of wood produced by chipping a whole tree, including wood, bark, tree tops, limbs, and logging residue.

History

#6342-A, eff 9-28-96; renumbered by #8256 (from Env-A 101.303), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.215), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.217); ss by #13105, eff 9-25-20 (formerly Env-A 101.218) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.51 Wood waste burner {#sec-env-a-105.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.51}

“Wood waste burner” means any device used to dispose of wood waste by burning, commonly known as teepees, wigwams, truncated cones, or silos.

History

#1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss and moved by #5033, eff 12-27-90 (see Env-A 101.98)
#5033, eff 12-27-90 (from Env-A 101.96); ss and moved by #6057-A, eff 6-30-95 (from Env-A 101.97); ss and renumbered by #8256, eff 1-14-05 (from Env-A 101.304), (see Revision Note #1 at chapter heading); renumbered by #8304, (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.216), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.218); ss by #13105, eff 9-25-20 (formerly Env-A 101.219) (see Revision Note #4 at chapter heading for Env-A 100)

N.H. Code Admin. R. Ann. Env-A 105.52 Working day {#sec-env-a-105.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.52}

“Working day” means, unless otherwise defined for a specific chapter, Monday through Friday, not including state holidays.

Appendix A: State Statutes, Federal Statutes and regulations implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute or Regulation Implemented

Env-A 100 (see additional specifics, below)

RSA 125-C, RSA 125-D, RSA 125-I, RSA 125-J, RSA 125-M, RSA 125-N, RSA 125-O, RSA 125-R, RSA 141-E

Env-A 102.34

RSA 125-C:4, I(a)

40 CFR § 52.21

Env-A 102.53

RSA 125-C:4, I(k); RSA 125-C:6, XI

42 U.S.C. § 7651a(7)

Env-A 103.01

RSA 125-I:5, V

Env-A 103.04

RSA 125-D:3

42 U.S.C. § 7651a(26); 40 CFR 72.2

Env-A 103.11

RSA 125-C:4, I(a); RSA 125-C:6, XIV; RSA 125-C:11, I & III

42 U.S.C. §§ 7410, 7502(c), 7511c

Env-A 103.14

RSA 125-C:4, I(a)

42 U.S.C. § 7661a(b)(10)

Env-A 103.21

RSA 125-C:4, I(a); RSA 125-I:6, II; RSA 141-E:4, II

Env-A 103.32

RSA 125-C:4, I(a)

Env-A 103.40

RSA 125-C:4, I(a); 125-L:1, IV

40 CFR § 52.21

Env-A 103.41

RSA 125-C, RSA 125-I, RSA 125-M, RSA 141-E

42 U.S.C. §7412, 40 CFR 63.2

Env-A 103.48

RSA 125-C:6, II

Env-A 104.02

RSA 125-C:4, I(a)

42 U.S.C. § 7661(2); 40 CFR 70.2

Env-A 104.06

RSA 125-C:10, I

Env-A 104.07

RSA 125-C:10, II

42 U.S.C. § 7661a(b)(6);

40 CFR 70.7(e)(2)

Env-A 104.22

RSA 125-C:4, I(a)

Env-A 104.47

RSA 125-C, RSA 125-I, RSA 125-M, RSA 141-E

40 CFR 70.2

Env-A 104.53

RSA 125-C:4, I(g)

42 U.S.C. § 7661b; 40 CFR 70.2

Env-A 105.17

RSA 125-C:11, I & III

Env-A 105.31 - 105.38

RSA 125-C:4, I(a)

Env-A 105.42

RSA 125-C:4, I(a)

Env-A 105.45

RSA 125-C:4, I(a); RSA 125-C:6, II

40 CFR 51.110(s)

Env-A 105.47

RSA 125-C:4, I(a)

Env-A 105.50

RSA 125-C:4, I(a)

Appendix B: Documents Incorporated by Reference

Rule

Title (Date)

Obtain at:

Env-A 103.38

“Combustion Efficiency Tables”, specifically Chapter 3 titled “The ASME/ANSI Boiler Test Code, The Basis of Measuring Efficiency” and Chapter 5 titled “Boiler Tuneup”, 1991, published by Fairmont Press

A paperback version of this book can be obtained from Amazon.com for $19.83 at:

https://www.amazon.com/dp/0881731439/?tag=internetarchi-20

Appendix C: State Statutory Definitions

RSA 125-C:2:

I-a. “Affected source,” any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended.

II. “Air contaminant,” soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.

III. “Air pollution,” the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property.

VI. “Device which contributes to air pollution,” any burner, furnace, machine, equipment or article which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air.

VIII. “Emission,” a release into the outdoor atmosphere of air contaminants.

X. “Person,” any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

RSA 125-I:2:

I. “Air contaminant” means soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.

II. “Air toxic” means air contaminants designated by the commissioner of the department of environmental services from the organic compounds and metals listed by the United States Environmental Protection Agency in the Code of Federal Regulations, Title 40, Part 261, Subparts C and D and Table 4 of 450/5-86-011a and subsequent updates.

III. “Ambient air” means the unconfined atmosphere that envelops the earth.

IV. “Ambient air limit” means the standard designated pursuant to RSA 125-I:4 that establishes the maximum allowable concentration of emissions of a specific regulated toxic air pollutant at or beyond the compliance boundary.

IX. “Device” means any burner, furnace, machine, equipment, or article which emits a regulated toxic air pollutant or air contaminant into the ambient air.

X. “Modification” means any physical or operational change in a stationary source or device which increases the amount of a specific regulated toxic air pollutant emitted by such source or device, or which results in the emission of any additional regulated toxic air pollutant.

XI. “Pollution control equipment” means any device that treats, removes, restricts, or otherwise controls the release or discharge of regulated toxic air pollutants that is not vital to normal productions operations.

XII. “Process” means any operation which combines devices, equipment, raw materials, utilities, and manpower for the production of goods, services, energy, pollution control, or other purposes which emits a regulated toxic air pollutant into the ambient air.

XIII. “Reference concentration limit” means an estimate established by the United States Environmental Protection Agency of a daily exposure to the human population, including sensitive subgroups, that is likely to be without an appreciable risk of deleterious noncancer effects during a lifetime.

XIV. “Regulated toxic air pollutant” means any substance or compound emitted into the ambient air by a stationary source and designated a regulated toxic air pollutant pursuant to RSA 125-I:4. Regulated toxic air pollutants are classified as:

(a) Class I, meaning any regulated toxic air pollutant recognized by the United States Environmental Protection Agency as a Group A-Human Carcinogen or Group B-Probable Human Carcinogen, as referenced in 51 Federal Register 34,000 (1986), or otherwise designated a regulated toxic air pollutant-Class I by the commissioner pursuant to rules adopted under RSA 125-I:3.

(b) Class II, meaning any regulated toxic air pollutant other than a regulated toxic air pollutant Class I, which is recognized by the United States Environmental Protection Agency as a Group C-Possible Human Carcinogen, as referenced in 51 Federal Register 34,000 (1986), or otherwise designated a regulated toxic air pollutant-Class II by the commissioner pursuant to rules adopted under RSA 125-I:3.

XV. “Stationary source” means any building, structure, facility, or installation that emits or may emit a regulated toxic air pollutant or air contaminant into the ambient air.

XVI. “Threshold limit value” means the threshold limit value-time weighted average (TLV-TWA) as set forth in the American Conference of Governmental Industrial Hygienists (ACGIH) 1995 list and as amended thereafter.

XVII. “Uncontrolled emission” means any emission of a regulated toxic air pollutant from a device or process at a stationary source that is not subject to treatment or removal by pollution control equipment prior to being emitted to the ambient air, or is emitted to the ambient air in amounts which have not been limited by conditions in an enforceable permit or document.

RSA 125-J:1:

II. “Allowable emissions” means the emission rate of a device or source calculated using the maximum rated capacity of the device or source, or, if applicable, federally enforceable limits which restrict the emission rate, operating rate, hours of operation, or any combination thereof, and the most stringent of the following:

(a) Any applicable standard set forth in 40 C.F.R. part 60 or 40 C.F.R. part 61;

(b) Any applicable New Hampshire state implementation plan emissions limitation, including a limitation with a future compliance date; or

(c) Any emissions rate specified as a condition of a federally enforceable permit issued by the department or EPA, including those with a future compliance date, or a federally enforceable emissions reductions credit certificate issued pursuant to an EPA-approved economic incentive program (“EIP”).

Appendix D: Federal Definitions Cited in Env-A 100

40 CFR 51.100 Definitions.

(f) Owner or operator means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly result or may result in emissions of any air pollutant for which a national standard is in effect.

(o) Reasonably available control technology (RACT) means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account:

(1) The necessity of imposing such controls in order to attain and maintain a national ambient air quality standard;

(2) The social, environmental, and economic impact of such controls; and

(3) Alternative means of providing for attainment and maintenance of such standard. (This provision defines RACT for the purposes of §51.341(b) only.)

(qq) PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on appendix J of part 50 of this chapter and designated in accordance with part 53 of this chapter or by an equivalent method designated in accordance with part 53 of this chapter.

40 CFR 52.21

(b) Definitions. For the purposes of this section:

(1)(i) Major stationary source means:

(a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

(b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or

(c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changes would constitute a major stationary source by itself.

(ii) A major source that is major for volatile organic compounds or NOx shall be considered major for ozone.

(iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plants;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants--The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat input, and

(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

(12) Best available control technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under Act which would be emitted from any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.

(49) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:

(i) Greenhouse gases (GHGs), the air pollutant defined in §86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) of this section and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in paragraphs (aa)(1) through (15) of this section, and complies with the PAL permit containing the GHG PAL.

(ii) For purposes of paragraphs (b)(49)(iii) through (v) of this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(a) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter— Global Warming Potentials. For purposes of this paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).

(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a tpy CO2e.

(iii) The term emissions increase as used in paragraphs (b)(49)(iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and ‘‘significant’’ is defined as 75,000 tpy CO2e instead of applying the value in paragraph (b)(23)(ii) of this section.

(iv) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(a) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

(50) Regulated NSR pollutant, for purposes of this section, means the following:

(i) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:

(a) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.

(b) Any pollutant identified under this paragraph (b)(50)(i)(b) as a constituent or precursor for a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.

(4) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

(ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

(iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act;

(iv) Any pollutant that otherwise is subject to regulation under the Act as defined in paragraph (b)(49) of this section.

(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act.

40 CFR 60.2 Definitions.

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

40 CFR 60.41 Definitions.

Coal means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388 (incorporated by reference, see §60.17).

40 CFR 70.2 Definitions:

Affected States are all States:

(1) Whose air quality may be affected and that are contiguous to the State in which a part 70 permit, permit modification or permit renewal is being proposed; or

(2) That are within 50 miles of the permitted source.

Applicable requirement means all of the following as they apply to emissions units in a part 70 source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates):

(1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in part 52 of this chapter;

(2) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D, of the Act;

(3) Any standard or other requirement under section 111 of the Act, including section 111(d);

(4) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act;

(5) Any standard or other requirement of the acid rain program under title IV of the Act or the regulations promulgated thereunder;

(6) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

(7) Any standard or other requirement under section 126(a)(1) and (c) of the Act;

(8) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;

(9) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act;

(10) Any standard or other requirement for tank vessels under section 183(f) of the Act;

(11) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act;

(12) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a title V permit; and

(13) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act.

Emissions allowable under the permit means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

Emissions unit means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. This term is not meant to alter or affect the definition of the term “unit” for purposes of title IV of the Act.

Final permit means the version of a part 70 permit issued by the permitting authority that has completed all review procedures required by §§70.7 and 70.8 of this part.

Fugitive emissions are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

General permit means a part 70 permit that meets the requirements of §70.6(d).

Major source means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraph (1), (2), or (3) of this definition. For the purposes of defining “major source,” a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(1) A major source under section 112 of the Act, which is defined as:

(i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(ii) For radionuclides, “major source” shall have the meaning specified by the Administrator by rule.

(2) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary source:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants--The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(xxvii) Any other stationary source category, which as of August 7, 1980 is being regulated under section 111 or 112 of the Act.

(3) A major stationary source as defined in part D of title I of the Act, including:

(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal'' or moderate,'' 50 tpy or more in areas classified as serious,'' 25 tpy or more in areas classified as severe,'' and 10 tpy or more in areas classified as ``extreme''; except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f) (1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply;

(ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50 tpy or more of volatile organic compounds;

(iii) For carbon monoxide nonattainment areas:

(A) That are classified as “serious,” and

(B) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and

(iv) For particulate matter (PM-10) nonattainment areas classified as “serious,” sources with the potential to emit 70 tpy or more of PM-10.

Potential to emit means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term “capacity factor” as used in title IV of the Act or the regulations promulgated thereunder.

Regulated air pollutant means the following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Any pollutant for which a national ambient air quality standard has been promulgated;

(3) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or

(5) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act, including sections 112(g), (j) and (r) of the Act, including the following:

(i) Any pollutant subject to requirements under section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and

(ii) Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.

Responsible official means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

(ii) The delegation of authority to such representatives is approved in advance by the permitting authority;

(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

(3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

(4) For affected sources:

(i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the Act or the regulations promulgated thereunder are concerned; and

(ii) The designated representative for any other purposes under part 70.

Part 70 permit or permit (unless the context suggests otherwise) means any permit or group of permits covering a part 70 source that is issued, renewed, amended, or revised pursuant to this part.

Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:

(1) Greenhouse gases (GHGs), the air pollutant defined in § 86.1818–12(a) of this chapter as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO2 equivalent emissions.

(2) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter—Global Warming Potentials, and summing the resultant value for each to compute a tpy CO2e. For purposes of this paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).

40 CFR 70.7 Permit issuance, renewal, reopenings, and revisions:

(d) Administrative permit amendments. (1) An “administrative permit amendment” is a permit revision that:

(i) Corrects typographical errors;

(ii) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(iii) Requires more frequent monitoring or reporting by the permittee;

(iv) Allows for a change in ownership or operational control of a source where the permitting authority determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the permitting authority;

Appendix E: Definition from Env-Hw

Env-Hw 104.76 “Used oil” means any oil that has been refined from crude oil and any synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

History

#6283-A, eff 7-10-96; ss by #6482-A, eff 4-1-97; renumbered by #8256 (from Env-A 101.305), (see Revision Note #1 at chapter heading); renumbered by #8304 (see Revision Note #2 at chapter heading); renumbered by #9839 (from Env-A 101.217), (see Revision Note #3 at chapter heading); renumbered by #10549, (from Env-A 101.219); ss by #13105, eff 9-25-20 (formerly Env-A 101.220) (see Revision Note #4 at chapter heading for Env-A 100)

Chapter Env-A 200 Procedural Rules

Part Env-A 201 Purpose

N.H. Code Admin. R. Ann. Env-A 201.01 Purpose {#sec-env-a-201.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 201.01}

(a) The purpose of this chapter is to establish uniform procedures for providing public notice of hearings and public comment periods conducted by the department on matters relating to air pollution control. These rules are intended to supplement the procedures established by RSA 541-A and Env-C 200.

(b) The purposes of any proceeding governed by this chapter are to enable the department to acquire sufficient information to make a reasoned decision and to afford persons who may be affected by decisions of the department relative to air pollution control the opportunity to present data and argument prior to the decision being made.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

Part Env-A 202 Variances

N.H. Code Admin. R. Ann. Env-A 202.01 Applicability {#sec-env-a-202.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.01}

This part shall apply to any person seeking a variance, as authorized by RSA 125-C:16, from any provision of RSA 125-C or any rule adopted thereunder in subtitle Env-A.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (from Env-A 203.01); EXPIRED: 6-30-03
#8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.02 Limitations {#sec-env-a-202.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.02}

Pursuant to RSA 125-C:16, III, no variance shall be granted for more than one year.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (from Env-A 203.02); EXPIRED:6-30-03
#8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.03 Filing a Petition for Variance {#sec-env-a-202.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.03}

(a) The person seeking the variance shall:

(1) Prepare a written petition for variance that contains the information specified in Env-A 202.04; and

(2) Sign and date the petition.

(b) The signature required by (a)(2), above, shall constitute certification that:

(1) The information contained in the petition is true, complete, and not misleading to the knowledge and belief of the petitioner; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

Deny the petition; and
Revoke any approval that is granted based on the information; and

b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

NHDES, Air Resources Division

29 Hazen Drive; P.O. Box 95

Concord, NH 03302-0095

History

#8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.04 Content of Petitions {#sec-env-a-202.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.04}

A petition for variance shall include the following:

(a) The name, address, and daytime telephone number of the petitioner and, if the petitioner is other than an individual, the name and telephone number of an individual who can answer questions about the petition on behalf of the petitioner;

(b) The specific relief requested by the petitioner, including the requirement(s) from which the petitioner is specifically seeking relief and the proposed timetables for partial or progressive abatement of the air pollution involved;

(1) The progress, if any, the petitioner has made in eliminating or preventing air pollution;

(2) The character and degree of injury to, or interference with, the health and physical property of the people if the requested variance is granted; and

(3) The social and economic value of the source of air pollution; and

(d) A demonstration that enforcement of the requirement for which the variance is sought would produce serious economic hardship on such person without equal or greater benefits to the public.

History

#8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 202.03); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.05 Notice of Petition {#sec-env-a-202.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.05}

(a) Within 10 working days after the receipt of a petition for a variance, the department shall issue public notice of the petition by publishing the notice in a newspaper of general daily circulation in the area in which the source is located and on the department’s web site.

(b) The public notice shall contain the following information:

(1) The name and address of the petitioner;

(2) The location of the source for which the variance is being requested;

(3) A brief description of the relief requested, including the requirement(s) for which suspension of enforcement is sought;

(4) The location(s) where interested persons may examine the petition for variance and hours during which that examination can be conducted;

(5) The deadline for filing written comments and the address to which they should be sent; and

(6) The date and location of the public hearing to be held before the department as required by RSA 125-C:16, I and Env-A 202.06.

History

#8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 202.04); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.06 Public Hearing {#sec-env-a-202.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.06}

(a) The department shall schedule and hold a public hearing on the petition no sooner than 30 days following the public notice required by Env-A 202.05.

(b) The hearing shall be conducted as a non-adjudicative proceeding in accordance with Env-C 205 and Env-A 203.

History

#8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 202.05); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.07 Decision {#sec-env-a-202.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.07}

(a) Within 15 working days after the public hearing, the department shall issue a written decision on the petition that sets forth the findings on which the decision is based.

(b) The department shall grant a variance if the department determines that:

(1) The petitioner has taken reasonable steps to eliminate or prevent air pollution;

(2) Granting a variance would not create a danger to public health, welfare, or safety;

(3) The source of air pollution has social and economic value to the area in which it is located; and

(4) Enforcement of the requirement for which the variance is sought would produce serious economic hardship on the petitioner without equal or greater benefits to the public.

(c) The department shall include in the variance any conditions necessary to minimize the threat to or impact on the public health and safety.

(d) If the department determines that the petitioner has not met the criteria listed in (b)(1)-(4), the department shall deny the petition.

History

#8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 202.06); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 202.08 Appeals {#sec-env-a-202.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 202.08}

Any person aggrieved by the department’s decision may appeal the decision to the air resources council in accordance with RSA 21-O:14 and Env-AC 200.

History

#10187, eff 9-25-12 (from Env-A 202.07); ss by #13491, eff 11-19-22

Part Env-A 203 Hearings

N.H. Code Admin. R. Ann. Env-A 203.01 Applicability; Types of Procedures {#sec-env-a-203.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 203.01}

(a) A non-adjudicative hearing shall be conducted in accordance with the provisions of Env-C 200 applicable to non-adjudicative proceedings, as supplemented by this part, whenever requested or required to be held under the following:

(1) Env-A 621, with regard to the issuance of, or amendment to, a temporary permit or permit to operate;

(2) Env-A 622, with regard to the issuance or renewal of, or significant modification to, a title V operating permit;

(3) Env-A 609.19, with regard to a reopening of a title V operating permit;

(4) Env-A 202, with regard to a petition for variance; and

(5) Env-A 1200 or Env-A 1300, with regard to the issuance of a reasonably available control technology (RACT) order.

(b) An adjudicative hearing shall be conducted in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings when required to be held under Env-A 623 regarding the suspension, revocation, or modification of a permit.

History

#1710, 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 and moved by #6057-B, 6-30-95 (formerly Env-A 204.01); EXPIRED: 6-30-03
#8128, eff 7-28-04; ss by 10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 203.02 Public Participation in Non-Adjudicative Hearings {#sec-env-a-203.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 203.02}

Any person may participate in a non-adjudicative hearing while the hearing record is open by:

(a) Testifying orally;

(b) Submitting written testimony pursuant to Env-C 205.06;

(d) Any combination of (a) through (c), above.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (formerly Env-A 204.02); EXPIRED: 6-30-03
#8128, eff 7-28-04; ss by 10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 203.03 Record of Non-Adjudicative Proceedings {#sec-env-a-203.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 203.03}

The record of a non-adjudicative proceeding shall consist of the following:

(a) The application or petition for which the non-adjudicative proceeding was commenced;

(b) All written comments received by the department on the application or petition;

(d) A transcript of the hearing, if one is made from the recording or by a stenographer; and

(e) All exhibits submitted in conjunction with the proceeding by the applicant or petitioner and by the public.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (formerly Env-A 204.03); EXPIRED: 6-30-03
#8128, eff 7-28-04; ss by 10187, eff 9-25-12; ss by #13491, eff 11-19-22

Part Env-A 204 Public Hearings on the State Implementation Plan

N.H. Code Admin. R. Ann. Env-A 204.01 Required Notice {#sec-env-a-204.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 204.01}

(a) At least 30 days before the date of any public hearing related to revisions to the state implementation plan (SIP), the department shall cause a public notice to be published in a newspaper of general daily statewide circulation.

(b) The notice shall contain the following information:

(1) An explanation of the proposed SIP revision;

(2) The location(s) where, and the hours during which, a copy of the proposed SIP revisions may be reviewed;

(3) The date by which, and the address where, written comments must be filed; and

(4) The date, time, and location of the hearing if one has been scheduled, or the deadline for requesting a hearing if one has not already been scheduled.

(c) Any person may request a hearing by submitting a written request for a hearing to the address specified in (b)(3), above, on or before the deadline for requesting a hearing specified in (b)(4), above.

(d) If a hearing date is not contained in the notice published under (b), above, but a hearing is requested during the comment period, the department shall set a date, time, and location of the hearing and cause that information to be published in a newspaper of general daily statewide circulation and on the department’s web site at least 30 days prior to the hearing date.

(e) The department shall send the required notice(s) to the U.S. Environmental Protection Agency, Region I (EPA), at least 30 days prior to the end of the comment period or the hearing date, as applicable.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss by #8128, eff 7-28-04; ss by 10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 204.02 Hearing Procedures {#sec-env-a-204.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 204.02}

Public hearings requested or required pursuant to the SIP shall be conducted in accordance with the provisions of Env-C 200 applicable to non-adjudicatory public hearings.

History

#10187, eff 9-25-12; ss by #13491, eff 11-19-22

Part Env-A 205 Waivers

N.H. Code Admin. R. Ann. Env-A 205.01 Purpose {#sec-env-a-205.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.01}

The purpose of the rules in this part is to accommodate those situations where strict adherence to the rules would not be in the best interest of the public.

History

#6506-B, eff 5-1-97; ss by #8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.02 Applicability {#sec-env-a-205.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.02}

These rules shall apply to any person who is or would be directly and adversely affected by the strict application of a rule in Env-A 100, et seq., and who wishes to request a waiver from the rule.

History

#6506-B, eff 5-1-97; ss by #8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.03 Waiver Requests: Preparation and Filing {#sec-env-a-205.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.03}

(a) The person requesting a waiver shall:

(1) Prepare a written request for a waiver that contains the information specified in Env-A 205.04; and

(2) Sign and date the request.

(b) The signature required by (a)(2), above, shall constitute certification that:

(1) The information contained in the request is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

Deny the request; and
Revoke any waiver or other approval that is granted based on the information; and

b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) The person requesting the waiver shall file the original and one copy of the waiver request with the department at the following address:

NHDES, Air Resources Division

29 Hazen Drive; P.O. Box 95

Concord, NH 03302-0095

(d) Any waiver request that relates to an application for a permit shall be submitted with the permit application or as soon thereafter as the applicant identifies the need for the request.

History

#6506-B, eff 5-1-97; ss by #8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.04 Waiver Requests: Content {#sec-env-a-205.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.04}

A waiver request shall include the following information:

(a) The name, mailing address, and daytime telephone number of the requestor and, if available, an e-mail address of the requestor;

(b) The name and location of the facility or activity to which the request relates;

(d) A complete explanation of why a waiver is being requested, including an explanation of the operational and economic consequences of complying with the rule as written;

(e) A complete explanation of any alternate procedure, method, or activity that is sought to be substituted for the procedure, method, or activity that is required by the rule from which a waiver is being sought;

(f) The estimated length of time the waiver will be needed; and

(g) A complete explanation of why the requestor believes that the waiver request meets the criteria in Env-A 205.06.

History

#6506-B, eff 5-1-97; ss by #8128, eff 7-28-04; ss by #10187, eff 9-25-12 (from Env-A 205.03); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.05 Waiver Requests: Review {#sec-env-a-205.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.05}

(a) Upon receipt of a waiver request, the department shall review the request.

(b) If the request relates to an application, the request shall be reviewed as part of the application review procedures.

(c) Submission of a waiver request relating to a previously-filed application shall constitute an agreement by the applicant that the time period for processing the application recommences upon submission of the request.

History

#6506-B, eff 5-1-97; ss by #8128, eff 7-28-04; ss by #10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.06 Waiver Criteria {#sec-env-a-205.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.06}

The department shall grant a waiver if it determines that the following criteria have been met:

(a) Granting a waiver will not result in an adverse impact on public health, public safety, the environment, or the natural resources of the state of New Hampshire;

(b) Granting a waiver will not have the effect of waiving or modifying a statutory requirement, unless the statute specifically authorizes the department to waive or modify the requirement;

(c) Granting a waiver will not have the effect of waiving or modifying a federal requirement, unless the statute or regulation that establishes the requirement specifically authorizes waivers or modifications to the requirement and EPA approves the waiver; and

(d) Strict compliance with the Env-A rule:

(1) Will result in an adverse effect to the public health, public safety, the environment, or the natural resources of the state of New Hampshire;

(2) Will result in economic hardship for the person requesting the waiver that outweighs the benefit to the public or the environment of complying with the rule; or

(3) Is technologically infeasible.

History

#10187, eff 9-25-12 (from Env-A 205.04); ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.07 Decision on Waiver Requests; Conditions {#sec-env-a-205.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.07}

(a) The department shall notify the person requesting the waiver of the decision in writing.

(b) If the waiver request is submitted as part of a permit application and a waiver is granted, the department shall incorporate the waiver into any permit issued.

(d) The department shall include such conditions in a waiver as are necessary to ensure that the criteria of Env-A 205.04 will be met for the duration of the waiver.

(e) The waiver shall specify the date on which it will expire, which shall be no later than one year from the date it is granted.

History

#10187, eff 9-25-12; ss by #13491, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 205.08 Compliance with Waiver Conditions {#sec-env-a-205.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 205.08}

(a) Any person who receives a waiver shall comply with the conditions set forth therein and with all applicable sections of subtitle Env-A 100.

(b) Failure to comply with the conditions of a waiver shall constitute grounds for reopening and revising the underlying permit as specified in Env-A 609 or Env-A 612, as applicable, or suspension or revocation of the underlying permit as specified in Env-A 613, as well as enforcement in accordance with the authority set forth in RSA 125-C:15.

APPENDIX

RULE

STATUTE IMPLEMENTED

Env-A 201.01

RSA 541-A:16, I(b); RSA 125-C:6, X

Env-A 202.01

RSA 125-C:16, I

Env-A 202.02

RSA 125-C:16, III

Env-A 202.03

RSA 125-C:16, I; RSA 541-A:16, I

Env-A 202.04 - Env-A 202.06

RSA 125-C:16, I & II; RSA 541-A:16, I

Env-A 202.07

RSA 125-C:16, III

Env-A 202.08

RSA 125-C:14

Env-A 203.01 - Env-A 203.03

RSA 125-C:6, X; RSA 541-A:16, I

Env-A 204.01, Env-A 204.02

RSA 125-C:6, X; RSA 541-A:16, I

Env-A 205.01 - Env-A 205.08

RSA 125-C:6, X; RSA 541-A:22, IV

History

#10187, eff 9-25-12; ss by #13491, eff 11-19-22

Chapter Env-A 300 Ambient Air Quality Standards

Part Env-A 301 Purpose, Scope and Definitions

N.H. Code Admin. R. Ann. Env-A 301.01 Purpose {#sec-env-a-301.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 301.01}

The purpose of this chapter is to establish ambient air quality standards to:

(a) 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

(b) Be at least as stringent as the federal primary and secondary ambient air quality standards, respectively.

History

#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; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 301.02 Applicability {#sec-env-a-301.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 301.02}

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.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

Part Env-A 302 References; Definitions

N.H. Code Admin. R. Ann. Env-A 302.01 References {#sec-env-a-302.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 302.01}

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, 2021 edition.

History

#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 (from Env-A 301.03); ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 302.02 Definitions {#sec-env-a-302.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 302.02}

For the purposes of this chapter, the following definitions shall apply:

(a) “Attainment” means that the primary or secondary ambient air quality standard, as applicable for that pollutant, is met;

(b) “Equivalent method” means “equivalent method” as defined by 40 CFR 50.1(g), reprinted in Appendix B;

(c) “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;

(d) “Reference method” means “reference method” as defined by 40 CFR 50.1(f), reprinted in Appendix B; and

(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.

History

#10173, eff 9-1-12 (from Env-A 301.04); ss by #13382, eff 5-25-22

Part Env-A 303 Ambient Air Quality Standards for Particulate Matter

N.H. Code Admin. R. Ann. Env-A 303.01 Primary and Secondary Ambient Air Quality Standards for Particulate Matter (PM) {#sec-env-a-303.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 303.01}

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 (PM10), the primary and secondary ambient air quality standards each shall be 150 micrograms per cubic meter (μg/m3), 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 micrometers in diameter or smaller (PM2.5):

(1) The annual primary ambient air quality standards shall be 12.0 μg/m3, annual arithmetic mean concentration;

(2) The annual secondary ambient air quality standards shall be 15.0 μg/m3, annual arithmetic mean concentration; and

(3) The 24-hour primary and secondary ambient air quality standards each shall be 35 μg/m3, 24-hour average concentration.

History

#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; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 303.02 Determination of Attainment of PM Standards {#sec-env-a-303.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 303.02}

The department shall determine the attainment of primary and secondary standards for PM specified in Env-A 303.01 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 μg/m3, as determined in accordance with 40 CFR 50 Appendix K, is equal to or less than one; and

(b) For particulate matter measured in the ambient air as PM2.5:

(1) The annual primary ambient air quality standard 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 12.0 μg/m3;

(2) The annual secondary ambient air quality standard 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 μg/m3; and

(3) 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 μg/m3.

History

#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; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 303.03 Measurement for PM Attainment Determinations {#sec-env-a-303.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 303.03}

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) PM10 in the ambient air shall be measured by either:

(1) A reference method based on 40 CFR 50 Appendix J and designated in accordance with 40 CFR 53; or

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

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

(1) A reference method based on 40 CFR 50 Appendix L and designated in accordance with 40 CFR 53; or

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

History

#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; ss by #13382, eff 5-25-22

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

N.H. Code Admin. R. Ann. Env-A 304.01 Primary and Secondary Ambient Air Quality Standards for Sulfur Dioxide (SO {#sec-env-a-304.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 304.01}

2). 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:

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

(b) The secondary ambient air quality standard for SO2 shall be 0.5 parts per million (ppm), 3-hour average concentration.

History

#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; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 304.02 Determination of Attainment of SO2 Standards {#sec-env-a-304.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 304.02}

The department shall determine attainment of the primary and secondary standards for SO2 specified in Env-A 304.01 as follows:

(a) 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

(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.

History

#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; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 304.03 Measurement for SO2 Attainment Determination {#sec-env-a-304.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 304.03}

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:

(a) The reference method described in 40 CFR 50 Appendix A-1 or A-2; or

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

History

#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; ss by #13382, eff 5-25-22

Part Env-A 305 Ambient Air Quality Standards for Carbon Monoxide

N.H. Code Admin. R. Ann. Env-A 305.01 Primary Ambient Air Quality Standards for Carbon Monoxide (CO) {#sec-env-a-305.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 305.01}

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

(a) The 8-hour primary ambient air quality standard for CO shall be 9 ppm, 8-hour average concentration; and

(b) The 1-hour primary ambient air quality standard for CO shall be 35 ppm, 1-hour average concentration.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 305.02 Determination of Attainment of CO Standards {#sec-env-a-305.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 305.02}

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

(a) 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

(b) 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.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 305.03 Measurement for CO Attainment Determination {#sec-env-a-305.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 305.03}

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 CFR 53.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

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

N.H. Code Admin. R. Ann. Env-A 306.01 Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide (NO {#sec-env-a-306.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 306.01}

2). 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;

(b) The 1-hour primary ambient air quality standard for NO2 shall be 100 ppb, 1-hour average concentration; and

(c) The secondary ambient air quality standard for NO2 shall be 0.053 ppm, equivalent to 100 μg/m3, annual arithmetic mean concentration.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 306.02 Determination of Attainment of NO2 Standard {#sec-env-a-306.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 306.02}

(a) 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.

(b) 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.

(c) 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).

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 306.03 Measurement for NO2 Attainment Determination {#sec-env-a-306.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 306.03}

For the purpose of determining attainment of the primary and secondary ambient air quality standards specified in Env-A 306.01, NO2 in the ambient air shall be measured by either:

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

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

History

#10173, eff 9-1-12; ss by #13382, eff 5-25-22

Part Env-A 307 Ambient Air Quality Standards for Ozone

N.H. Code Admin. R. Ann. Env-A 307.01 Primary and Secondary Ambient Air Quality Standards for Ozone {#sec-env-a-307.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 307.01}

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

(a) The primary ambient air quality standard for ozone shall be 0.070 ppm, daily maximum 8-hour average; and

(b) 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.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 307.02 Determination of Attainment of Ozone Standards {#sec-env-a-307.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 307.02}

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 0.070 ppm.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 307.03 Measurement for Ozone Attainment Determination {#sec-env-a-307.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 307.03}

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) A reference method based on 40 CFR 50 Appendix D and designated in accordance with 40 CFR 53; or

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

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

Part Env-A 308 Ambient Air Quality Standards for Lead

N.H. Code Admin. R. Ann. Env-A 308.01 Primary and Secondary Ambient Air Quality Standards for Lead {#sec-env-a-308.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 308.01}

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

(a) The primary ambient air quality standard for lead shall be 0.15 μg/m3, 3-month arithmetic mean concentration; and

(b) 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.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 308.02 Determination of Attainment of Lead Standards {#sec-env-a-308.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 308.02}

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 μg/m3.

History

#6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22

N.H. Code Admin. R. Ann. Env-A 308.03 Measurement for Lead Attainment Determination {#sec-env-a-308.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 308.03}

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) A reference method based on 40 CFR 50 Appendix G and designated in accordance with 40 CFR 53; or

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

Appendix A: State Statute, Federal Statute/Regulations Implemented

Rule Section(s)

State Statutes Implemented

Federal Statutes/Regulations Implemented

Env-A 300 (see parts listed below for additional info)

RSA 125-C:1; RSA 125-C:6

42 U.S.C. §7409; 40 CFR 50; 40 CFR 53

Env-A 302

40 CFR §50.1

Env-A 303

40 CFR §50.6, §50.7; 40 CFR 50 Appendix J, K, L & N

Env-A 304

40 CFR §50.4, §50.5; 40 CFR 50 Appendix A-1 & A-2

Env-A 305

40 CFR §50.8; 40 CFR 50 Appendix C

Env-A 306

40 CFR §50.11; 40 CFR 50 Appendix F & S

Env-A 307

40 CFR §50.9, §50.10; 40 CFR 50 Appendix H & I

Env-A 308

40 CFR §50.12; 40 CFR 50 Appendix G & R

Appendix B: Definitions from 40 CFR §50.1

40 CFR §50.1

(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.

(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.

History

#10173, eff 9-1-12; ss by #13382, eff 5-25-22

Chapter Env-A 400 Acid Deposition Control Program

Part Env-A 401 Purpose; Applicability; Definitions

N.H. Code Admin. R. Ann. Env-A 401.01 Purpose {#sec-env-a-401.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 401.01}

The purpose of this chapter is to implement RSA 125-D, the Acid Rain Control Act, so as to reduce the adverse effects of acid deposition on ecosystems and public health by reducing sulfur dioxide (SO2) emissions from sulfur-emitting sources within New Hampshire.

History

#120, eff 8-31-73; ss by #721.5, eff 12-7-75; ss by #718, 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; EXPIRED 12-27-96
#6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97; ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss by #8233, eff 12-22-04, ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 401.02 Applicability {#sec-env-a-401.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 401.02}

This chapter shall apply to all sources currently in operation that emitted 100 tons or more of SO2 per year on average during 1979 through 1982.

History

#8233, eff 12-22-04 (from Env-A 402.01); ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 401.03 Definitions {#sec-env-a-401.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 401.03}

For purposes of this chapter, the following definitions shall apply:

(a) “Average emission rate” means “average emission rate” as defined in RSA 125-D:2, VII, reprinted in Appendix B;

(b) “Baseline average emission rate” means “baseline average emission rate” as defined in RSA 125-D:2, VIII, reprinted in Appendix B;

(d) “Class A major source” means a source within the group identified in RSA 125-D:3, I(a)(1), reprinted in Appendix B;

(e) “Class B major source” means a source within the group identified in RSA 125-D:3, I(a)(2), reprinted in Appendix B; and

(f) “Maximum total heat input capacity” means “maximum total heat input capacity” as defined in RSA 125-D:2, IX, reprinted in Appendix B.

History

#10288, eff 3-19-13; ss by #13641, eff 5-23-23

Part Env-A 402 Required Emission Reductions

N.H. Code Admin. R. Ann. Env-A 402.01 Limitations on Percentage of Baseline for Class A Major Sources {#sec-env-a-402.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 402.01}

Pursuant to RSA 125-D:3, I(b), unless otherwise authorized by RSA 125-D:3, I(f) relative to 2 or more sources under a single ownership, the annual SO2 emissions from each class A major source shall not exceed 75 percent of such source’s portion of the baseline emissions.

History

#120, eff 8-31-73; ss by #721.5, eff 12-7-75; ss by #718, 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; EXPIRED 12-27-96
#6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97; ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff 12-22-04 (from Env-A 403.01); ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 402.02 Maximum Total Emissions for Class B Major Sources {#sec-env-a-402.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 402.02}

Pursuant to RSA 125-D:3, I(c), for each running 4-year period the combined SO2 emissions from all class B major sources shall not exceed 75 percent of their combined baseline SO2 emissions.

History

#10288, eff 3-19-13; ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 402.03 Limitations on Individual Sources for Class B Major Sources {#sec-env-a-402.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 402.03}

Pursuant to RSA 125-D:3, I(e), unless otherwise authorized by RSA 125-D:3, I(f) relative to 2 or more sources under a single ownership, each class B major source shall have an average emission rate not to exceed 1.6 pounds of SO2 per million BTU heat input, equivalent to no. 6 oil with 1.5% sulfur by weight, which is 75 percent of the baseline average emission rate for class B major sources.

History

#10288, eff 3-19-13; ss by #13641, eff 5-23-23

Part Env-A 403 Emissions from Multiple Sources Under Common Ownership

N.H. Code Admin. R. Ann. Env-A 403.01 Class A Major Sources {#sec-env-a-403.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 403.01}

Pursuant to RSA 125-D:3, I(f)(1), as an alternative to complying with the emissions reductions specified in RSA 125-D:3, I(b) the owner or operator of 2 or more sources under common ownership may combine the annual emissions of all such sources to demonstrate that the total annual emissions of such sources do not exceed 75 percent of their baseline emissions for class A major sources.

History

#120, eff 8-31-73; ss by #721.5, eff 12-7-75; ss by #718, 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; EXPIRED 12-27-96
#6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97; ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff 12-22-04; ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 403.02 Class B Major Sources {#sec-env-a-403.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 403.02}

Pursuant to RSA 125-D:3, I(f)(2), as an alternative to complying with the emissions reductions specified in RSA 125-D:3, I(e) the owner or operator of applicable sources under common ownership may average the emission rates of all such sources on a BTU heat input basis to demonstrate compliance with the average emission rate for class B major sources.

History

#6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff 12-22-04; ss by #10288, eff 3-19-13; ss by #13641, eff 5-23-23

Part Env-A 404 Recordkeeping and Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 404.01 Recordkeeping Requirements {#sec-env-a-404.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 404.01}

The owner or operator of a source that is subject to this chapter shall comply with the recordkeeping requirements specified in Env-A 903.03.

History

#120, eff 8-31-73; ss by #721.5, eff 12-7-75; ss by #718, 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; EXPIRED 12-27-96
#6424, INTERIM, eff 1-9-97, EXPIRES 5-9-97; ss and moved by #6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff 12-22-04 (from Env-A 405.01); ss by #10288, eff 3-19-13 (from Env-A 405.01); ss by #13641, eff 5-23-23

N.H. Code Admin. R. Ann. Env-A 404.02 Reporting Requirements {#sec-env-a-404.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 404.02}

The owner or operator of a source that is subject to this chapter shall comply with the reporting requirements specified in Env-A 907.02.

Appendix A: Statutes Implemented

Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 401

RSA 125-D:1; RSA 125-D:3

Env-A 402.01

RSA 125-D:3, I(b)

Env-A 402.02

RSA 125-D:3, I(c)

Env-A 402.03

RSA 125-D:3, I(e)

Env-A 403.01

RSA 125-D:3, I(f)(1)

Env-A 403.02

RSA 125-D:3, I(f)(2)

Env-A 404

RSA 125-D:3, II(b); RSA 125-C:6, XI

Appendix B: Statutory Definitions

RSA 125-D:2 Definitions. –

III. “Baseline emissions” means the total sulfur dioxide emissions in tons per calendar year averaged over the period 1979 through 1982 from all major sources.

VII. “Average emission rate” means the weighted average on a BTU input basis of the emission rates of a major source, all major sources under a single ownership, or some other specified group of major sources during any calendar year. VIII. “Baseline average emission rate” means the weighted average on a BTU input basis of the emissions rates of a specified group of major sources over the period 1979 through 1982.

VIII. “Baseline average emission rate” means the weighted average on a BTU input basis of the emissions rates of a specified group of major sources over the period 1979 through 1982.

IX. “Maximum total heat input capacity” means the designed gross heat input capacity of a major source in millions of BTU per hour.

RSA 125-D:3 Acid Deposition Control Program. –

I. ...

(a) All major sources of sulfur dioxide in operation during the baseline period shall be divided into 2 groups:

(1) Sources with a maximum total heat input capacity equal to or greater than 1,000 MBTU/HR; or

(2) Sources with a maximum total heat input capacity less than 1,000 MBTU/HR.

History

#6469-B, eff 3-5-97 (from Env-A 406); ss and moved by #8233, eff 12-22-04 (from Env-A 405.02); ss by #10288, eff 3-19-13 (from Env-A 405.02); ss by #13641, eff 5-23-23

Chapter Env-A 500 Standards APPLICABLE TO cERTAIN nEW OR mODIFIED fACILITIES AND SOURCES OF HAZARDOUS AIR POLLUTANTS; STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

Part Env-A 501 Purpose

N.H. Code Admin. R. Ann. Env-A 501.01 Purpose {#sec-env-a-501.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 501.01}

The purpose of this chapter is to establish state standards to regulate:

(a) Certain new or modified facilities in accordance with authority delegated by the EPA under §111(c) of the Clean Air Act;

(b) Certain sources of hazardous air pollutants in accordance with authority delegated by the EPA under §112 of the Clean Air Act;

(c) Certain sewage sludge incineration units that commenced construction on or before October 14, 2010 in accordance with authority delegated by the EPA under §129(b)(2) of the Clean Air Act; and

(d) Certain municipal solid waste landfills that commenced construction on or before July 17, 2014 and have not been modified or reconstructed since July 17, 2014 in accordance with authority delegated by the EPA under §111(d) of the Clean Air Act.

History

#721.19, 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, EXPIRED: 12-27-96
#7672, eff 4-5-02; ss by #9643, eff 1-23-10; ss by #12387, eff 9-22-17; ss by #13381, eff 5-25-22

Part Env-A 502 references

N.H. Code Admin. R. Ann. Env-A 502.01 References {#sec-env-a-502.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 502.01}

(a) For the purpose of this chapter, unless otherwise specified all references to 40 CFR 60, 40 CFR 61, 40 CFR 62, or 40 CFR 63 shall be to the July 1, 2023 edition.

(b) If any requirement specified in Env-A 503.01, Env-A 504.01, Env-A 505.01, or Env-A 506.01 is inconsistent with any requirement specified in other provisions of Env-A 100 et seq., NH Rules Governing the Control of Air Pollution, the more stringent requirement shall control.

History

#721.19, 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, EXPIRED: 12-27-96
#7672, eff 4-5-02; amd by #7840, eff 3-1-03; amd by #8041, eff 2-14-04; amd by #8277, eff 1-28-05; amd by #8535, eff 12-31-05; amd by #8876, eff 4-27-07; amd by #9489, eff 6-23-09; ss by #9643, eff 1-23-10; ss by #9864, eff 2-10-11; amd by #10076, eff 1-25-12; amd by #10254, eff 1-23-13; amd by #10980, eff 11-20-15; ss by #12387, eff 9-22-17; ss by #13209, eff 5-25-21; ss by #13381, eff 5-25-22; ss by #13381, eff 5-25-22; ss by #14118, eff 11-23-24, EXPIRES 11-23-34

Part Env-A 503 New Source Performance Standards

N.H. Code Admin. R. Ann. Env-A 503.01 New Source Performance Standards {#sec-env-a-503.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 503.01}

The owner or operator of a new or modified facility shall comply with the following provisions of 40 CFR 60, Standards of Performance for New Stationary Sources, as applicable:

(a) Subpart A, General Provisions, except for §§60.4, 60.9, 60.10, and 60.16;

(b) Subpart D, Standards of Performance for Fossil-Fuel-Fired Steam Generators for which Construction is Commenced after August 17, 1971;

(c) Subpart Da, Standards of Performance for Electric Utility Steam Generating Units for which Construction is Commenced after September 18, 1978;

(d) Subpart Db, Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units;

(e) Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units;

(f) Subpart E, Standards of Performance for Incinerators;

(g) Subpart Ea, Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994;

(h) Subpart Eb, Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996;

(i) Subpart Ec, Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators for which Construction is Commenced after June 20, 1996;

(j) Subpart I, Standards of Performance for Hot Mix Asphalt Facilities;

(k) Subpart J, Standards of Performance for Petroleum Refineries;

(l) Subpart Ja, Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007;

(m) Subpart K, Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978;

(n) Subpart Ka, Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984;

(o) Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984;

(p) Subpart L, Standards of Performance for Secondary Lead Smelters for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and On or Before December 1, 2022;

(q) Subpart M, Standards of Performance for Secondary Brass and Bronze Production Plants;

(r) Subpart N, Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973;

(s) Subpart O, Standards of Performance for Sewage Treatment Plants;

(t) Subpart Y, Standards of Performance for Coal Preparation and Processing Plants;

(u) Subpart AA, Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983;

(v) Subpart AAa, Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After August 17, 1983 and On or Before May 16, 2022;

(w) Subpart BB, Standards of Performance for Kraft Pulp Mills;

(x) Subpart DD, Standards of Performance for Grain Elevators;

(y) Subpart EE, Standards of Performance for Surface Coating of Metal Furniture;

(z) Subpart GG, Standards of Performance for Stationary Gas Turbines;

(aa) Subpart KK, Standards of Performance for Lead-Acid Battery Manufacturing Plants for Which Construction, Reconstruction, or Modification Commenced After January 14, 1980 and On or Before February 23, 2022;

(ab) Subpart KKa, Standards of Performance for Lead Acid Battery Manufacturing Plants for Which Construction, Modification or Reconstruction Commenced After February 23, 2022;

(ac) Subpart LL, Standards of Performance for Metallic Mineral Processing Plants;

(ad) Subpart MM, Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations for which Construction, Modification or Reconstruction Commenced After October 5, 1979, and On or Before May 18, 2022;

(ae) Subpart MMa, Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations for which Construction, Modification or Reconstruction Commenced After May 18, 2022;

(af) Subpart QQ, Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing;

(ag) Subpart RR, Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations;

(ah) Subpart TT, Standards of Performance for Metal Coil Surface Coating;

(ai) Subpart UU, Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture;

(aj) Subpart VV, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After January 15, 1981, and on or Before November 7, 2006;

(ak) Subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced after November 7, 2006 and on or Before April 25, 2023;

(al) Subpart WW, Standards of Performance for the Beverage Can Surface Coating Industry;

(am) Subpart XX, Standards of Performance for Bulk Gasoline Terminals That Commenced Construction, Modification, or Reconstruction After December 17, 1980, and On or Before June 10, 2022;

(an) The following sections of Subpart AAA, Standards of Performance for New Residential Wood Heaters:

(1) §§60.530-531;

(2) §60.532(a)-(c);

(3) §60.536(a)-(f); and

(4) §60.538(a)-(d) and (g)-(i);

(ao) Subpart BBB, Standards of Performance for the Rubber Tire Manufacturing Industry;

(ap) Subpart FFF, Standards of Performance for Flexible Vinyl and Urethane Coating and Printing;

(aq) Subpart GGG, Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983 and on or Before November 7, 2006;

(ar) Subpart HHH, Standards of Performance for Synthetic Fiber Production Facilities;

(as) Subpart JJJ, Standards of Performance for Petroleum Dry Cleaners;

(at) Subpart NNN, Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations After December 30, 1983 and on or Before April 25, 2023;

(au) Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants;

(av) Subpart QQQ, Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems;

(aw) Subpart SSS, Standards of Performance for Magnetic Tape Coating Facilities;

(ax) Subpart TTT, Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines;

(ay) Subpart TTTa, Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines for Which Construction, Reconstruction, or Modification Commenced After June 21, 2022;

(az) Subpart UUU, Standards of Performance for Calciners and Dryers in Mineral Industries;

(ba) Subpart VVV, Standards of Performance for Polymeric Coating of Supporting Substrates Facilities;

(bb) Subpart WWW, Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification on or After May 30, 1991, but Before July 18, 2014 ;

(bc) Subpart XXX, Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014, effective August 29, 2016;

(bd) Subpart AAAA, Standards of Performance for Small Municipal Waste Combustion Units for Which Construction or Reconstruction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001;

(be) Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units;

(bf) Subpart EEEE, Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006;

(bg) Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines;

(bh) Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines;

(bi) Subpart KKKK, Standards of Performance for Stationary Combustion Turbines;

(bj) Subpart LLLL, Standards of Performance for New Sewage Sludge Incineration Units;

(bk) Subpart OOOO, Standards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification or Reconstruction Commenced after August 23, 2011, and on or Before September 18, 2015;

(bl) Subpart OOOOa, Standards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification or Reconstruction Commenced After September 18, 2015 and On or Before December 6, 2022;

(bm) The following sections of Subpart QQQQ, Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces:

(1) §§60.5472-5473;

(2) §60.5474(a) and (b);

(3) §60.5478(a)-(e); and

(4) §60.5480(a)-(d) and (g)-(i); and

(bn) Subpart TTTT, Standards of Performance for Greenhouse Gas Emissions for Electric Utility Generating Units.

History

#721.19, 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, EXPIRED: 12-27-96
#7672, eff 4-5-02; amd by #8876, eff 4-27-07; amd by #9489, eff 6-23-09; ss by #9643, eff 1-23-10; amd by #10076, eff 1-25-12; amd by #10980, eff 11-20-15; ss by #12387, eff 9-22-17; ss by #13209, eff 5-25-21; ss by #13381, eff 5-25-22; ss by #14118, eff 11-23-24, EXPIRES: 11-23-34

Part Env-A 504 National Emission Standards for Hazardous Air Pollutants

N.H. Code Admin. R. Ann. Env-A 504.01 National Emission Standards for Hazardous Air Pollutants {#sec-env-a-504.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 504.01}

The owner or operator of any stationary source that emits a hazardous air pollutant regulated under 40 CFR 61, National Emission Standards for Hazardous Air Pollutants, shall comply with the following provisions of 40 CFR 61, as applicable:

(a) Subpart A, General Provisions;

(b) Subpart C, National Emission Standards for Beryllium;

(d) Subpart J, National Emission Standards for Equipment Leaks, Fugitive Emission Sources, of Benzene;

(e) Subpart M, National Emission Standards for Asbestos, as incorporated by reference in Env-A 1800, with amendments;

(f) Subpart V, National Emission Standards for Equipment Leaks, Fugitive Emission Sources; and

(g) Subpart FF, National Emission Standards for Benzene Waste Operations.

History

#721.19, 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, EXPIRED: 12-27-96
#7672, eff 4-5-02; ss by #8277, eff 1-28-05; ss by #8535, eff 12-31-05; ss by #9643, eff 1-23-10; ss by #12387, eff 9-22-17; ss by #13209, eff 5-25-21

Part Env-A 505 National Emission Standards for Hazardous Air Pollutants for Source Categories

N.H. Code Admin. R. Ann. Env-A 505.01 National Emission Standards for Hazardous Air Pollutants for Source Categories {#sec-env-a-505.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 505.01}

The owner or operator of any stationary source that emits a hazardous air pollutant listed pursuant to Section 112(b) of the Clean Air Act shall comply with the following provisions of 40 CFR 63, National Emission Standards for Hazardous Air Pollutants for Source Categories, as applicable, unless a title V permit with equivalent terms has been issued for such source in accordance with 40 CFR §63.94:

(a) Subpart A, General Provisions;

(b) Subpart D, Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants;

(c) Subpart F, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry;

(d) Subpart G, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater;

(e) Subpart H, National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks;

(f) Subpart I, National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks;

(g) Subpart J, National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production;

(h) Subpart L, National Emission Standards for Hazardous Air Pollutants for Coke Oven Batteries;

(i) Subpart N, National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks;

(j) Subpart O, Ethylene Oxide Emissions Standards for Sterilization Facilities;

(k) Subpart Q, National Emission Standards for Hazardous Pollutants for Industrial Process Cooling Towers;

(l) Subpart R, National Emission Standards for Gasoline Distribution Facilities, Bulk Gasoline Terminals and Pipeline Breakout Stations;

(m) Subpart S, National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry;

(n) Subpart T, National Emission Standards for Halogenated Solvent Cleaning;

(o) Subpart U, National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins;

(p) Subpart W, National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-nylon Polyamides Production;

(q) Subpart X, National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting;

(r) Subpart Y, National Emission Standards for Marine Tank Vessel Loading Operations;

(s) Subpart AA, National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants;

(t) Subpart BB, National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizer Production Plants;

(u) Subpart CC, National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries;

(v) Subpart EE, National Emission Standards for Hazardous Air Pollutants for Magnetic Tape Manufacturing Operations;

(w) Subpart GG, National Emission Standards for Aerospace Manufacturing and Rework Facilities;

(x) Subpart HH, National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities;

(y) Subpart II, National Emission Standards for Shipbuilding and Ship Repair, Surface Coating;

(z) Subpart JJ, National Emission Standards for Wood Furniture Manufacturing Operations;

(aa) Subpart KK, National Emission Standards for the Printing and Publishing Industry;

(ab) Subpart LL, National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants;

(ac) Subpart MM, National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills;

(ad) Subpart OO, National Emission Standards for Tanks – Level 1;

(ae) Subpart PP, National Emission Standards for Containers;

(af) Subpart QQ, National Emission Standards for Surface Impoundments;

(ag) Subpart RR, National Emission Standards for Individual Drain Systems;

(ah) Subpart SS, National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process;

(ai) Subpart TT, National Emission Standards for Equipment Leaks – Control Level 1;

(aj) Subpart UU, National Emission Standards for Equipment Leaks – Control Level 2 Standards;

(ak) Subpart VV, National Emission Standards for Oil-Water Separators and Organic-Water Separators;

(al) Subpart WW, National Emission Standards for Storage Vessels, Tanks, – Control Level 2;

(am) Subpart YY, National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards;

(an) Subpart CCC, National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCI Process Facilities and Hydrochloric Acid Regeneration Plants;

(ao) Subpart DDD, National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production;

(ap) Subpart EEE, National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors;

(aq) Subpart GGG, National Emission Standards for Pharmaceuticals Production;

(ar) Subpart HHH, National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities;

(as) Subpart III, National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production;

(at) Subpart JJJ, National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins;

(au) Subpart LLL, National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry;

(av) Subpart MMM, National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production;

(aw) Subpart NNN, National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing;

(ax) Subpart OOO, National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins;

(ay) Subpart PPP, National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production;

(az) Subpart QQQ, National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting;

(ba) Subpart RRR, National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production;

(bb) Subpart TTT, National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting;

(bc) Subpart UUU, National Emission Standards for Hazardous Air Pollutants for Petroleum Refining: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units;

(bd) Subpart VVV, National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works;

(be) Subpart XXX, National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese;

(bf) Subpart AAAA, National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills;

(bg) Subpart CCCC, National Emission Standards for Hazardous Air Pollutants for Manufacturing Nutritional Yeast;

(bh) Subpart DDDD, National Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products;

(bi) Subpart EEEE, National Emission Standards for Hazardous Air Pollutants for Organic Liquids Distribution (Non-Gasoline);

(bj) Subpart FFFF, National Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing;

(bk) Subpart GGGG, National Emission Standards for Hazardous Air Pollutants for Solvent Extraction for Vegetable Oil Production;

(bl) Subpart HHHH, National Emission Standards for Hazardous Air Pollutants for Wet Formed Fiberglass Mat Production;

(bm) Subpart IIII, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks;

(bn) Subpart JJJJ, National Emission Standards for Hazardous Air Pollutants for Paper and Other Web Coating;

(bo) Subpart KKKK, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Cans;

(bp) Subpart MMMM, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products;

(bq) Subpart NNNN, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Large Appliances;

(br) Subpart OOOO, National Emission Standards for Hazardous Air Pollutants for Printing, Coating, and Dyeing of Fabrics and Other Textiles;

(bs) Subpart PPPP, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products;

(bt) Subpart QQQQ, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Wood Building Products;

(bu) Subpart RRRR, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Furniture;

(bv) Subpart SSSS, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Coils;

(bw) Subpart TTTT, National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations;

(bx) Subpart UUUU, National Emission Standards for Hazardous Air Pollutants for Cellulose Production Manufacturing;

(by) Subpart VVVV, National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing;

(bz) Subpart WWWW, National Emissions Standards for Hazardous Air Pollutants for Reinforced Plastic Composites Production;

(ca) Subpart XXXX, National Emissions Standards for Hazardous Air Pollutants for Rubber Tire Manufacturing;

(cb) Subpart YYYY, National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines;

(cc) Subpart ZZZZ, National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines;

(cd) Subpart AAAAA, National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants;

(ce) Subpart BBBBB, National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing;

(cf) Subpart CCCCC, National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks;

(cg) Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters;

(ch) Subpart EEEEE, National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries;

(ci) Subpart FFFFF, National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities;

(cj) Subpart GGGGG, National Emission Standards for Hazardous Air Pollutants for Site Remediations;

(ck) Subpart HHHHH, National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing;

(cl) Subpart IIIII, National Emission Standards for Hazardous Air Pollutants for Mercury Cell Chlor-Alkali Plants;

(cm) Subpart JJJJJ, National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products;

(cn) Subpart KKKKK, National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing;

(co) Subpart LLLLL, National Emission Standards for Hazardous Air Pollutants for Asphalt Processing and Asphalt Roofing Manufacturing;

(cp) Subpart MMMMM, National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Fabrication Operations;

(cq) Subpart NNNNN, National Emission Standards for Hazardous Air Pollutants for Hydrochloric Acid Production;

(cr) Subpart PPPPP, National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands;

(cs) Subpart QQQQQ, National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities;

(ct) Subpart RRRRR, National Emission Standards for Hazardous Air Pollutants for Taconite Iron Ore Processing;

(cu) Subpart SSSSS, National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing;

(cv) Subpart TTTTT, National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining;

(cw) Subpart UUUUU, National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating Units; and

(cx) Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Area Sources from Industrial, Commercial, and Institutional Boilers, only if a source is currently permitted or will be required to be permitted under Env-A 607.01(a), (b), or (c).

History

#721.19, 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, EXPIRED: 12-27-96
#7672, eff 4-5-02; amd by #7840, eff 3-1-03; amd by #8041, eff 2-14-04; amd by #8277, eff 1-28-05; amd by #8535, eff 12-31-05; amd by #8876, eff 4-27-0-7; amd by #9489, eff 6-23-09; ss by #9643, eff 1-23-10; amd by #10254, eff 1-23-13; amd by #10980, eff 11-20-15; ss by #12387, eff 9-22-17

Part Env-A 506 State Plans for Designated Facilities and Pollutants

N.H. Code Admin. R. Ann. Env-A 506.01 State Plans for Designated Facilities and Pollutants {#sec-env-a-506.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 506.01}

The owner or operator of a designated stationary source shall comply with the following subparts of 40 CFR 62, Approval and Promulgation of State Plans for Designated Facilities and Pollutants, as applicable:

(a) Subpart LLL, Federal Plan for Existing Source Sewage Sludge Incineration Units; and

(b) Subpart OOO, Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014.

APPENDIX

Rule

Specific Section of State or Federal Statute or Regulation which the Rule Implements

Env-A 501.01(a)

RSA 125-C:4, I(a); 42 U.S.C. §7411(c); 40 CFR 60

Env-A 501.01(b)

RSA 125-C:4, I(a); 42 U.S.C. §7412(l); 40 CFR 61; 40 CFR 63;

42 U.S.C. §7412(l); 40 CFR 61; 40 CFR 63

Env-A 501.01(c)

RSA 125-C:4, I(a); 42 U.S.C. §7411(d); 40 CFR 62

Env-A 502

RSA 125-C:4, I(a); 42 U.S.C. §7411(c); 40 CFR 60; 42 U.S.C. §7412(l); 40 CFR 61; 40 CFR 63

Env-A 502.01

RSA 125-C:4, I(a); 42 U.S.C. §7411(c), (d); 42 U.S.C. §7412( l ); 40 CFR 60; 40 CFR 61; 40 CFR 62; 40 CFR 63

Env-A 503

RSA 125-C:4, I(a); 42 U.S.C. §7411(c); 40 CFR 60

Env-A 503.01

RSA 125-C:1; RSA 125-C:6, II & XI; 42 U.S.C. §7411(c); 40 CFR 60

Env-A 504

RSA 125-C:4, I(a); 42 U.S.C. §7412(l); 40 CFR 61

Env-A 505.01 intro, (cg),

(cv) – (cx)

RSA 125-C:4, I(a); 42 U.S.C §7412(l); 40 CFR 63

Env-A 505.01 intro., (h)

RSA 125-C:4, I(a); 42 U.S.C. §7412(I); 40 CFR 63

Env-A 505.01(an)

RSA 125-C:4, I(a); 42 U.S.C. §7412(I); 40 CFR 63

Env-A 505.01 intro, (cg), (cw)

RSA 125-C:1; RSA 125-C:6, II & X; 42 U.S.C. §7412(l); 40 CFR 63

Env-A 506.01

RSA 125-C: 4, I(a); 42 U.S.C. §7411(d); 40 CFR 62

History

#12387, eff 9-22-17; ss by #13381, eff 5-25-22

Chapter Env-A 600 Statewide Permit System

Part Env-A 601 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 601.01 Purpose {#sec-env-a-601.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 601.01}

The purpose of this chapter is to implement the permitting requirements of RSA 125-C and RSA 125-I to regulate the operation and modification of new and existing stationary sources, area sources, and devices in order to achieve and maintain:

(a) The ambient air quality standards established pursuant to RSA 125-C and Env-A 300; and

(b) The ambient air limits for regulated toxic air pollutants established pursuant to RSA 125-I and Env-A 1400.

History

#120, eff 8-31-73; ss by #721.16 eff 12-7-75; ss by #1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #6468-B, eff 3-5-97; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 601.02 Applicability {#sec-env-a-601.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 601.02}

This chapter shall apply to each stationary source, area source, and device that is required by RSA 125-C:11 to possess a temporary permit or operating permit, whether a permit-by-notification, general permit, or individual operating permit, prior to construction, installation, operation, or modification of such source or device.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss and moved by #8129, eff 7-28-04 (formerly Env-A 602.01); ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 601.03 Compliance Required; Designation of Agent Allowed {#sec-env-a-601.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 601.03}

(a) The owner or operator of a stationary source, area source, or device shall comply with applicable statutory requirements in RSA 125-C and the requirements of this chapter relative to applying for, obtaining, and maintaining a permit.

(b) The owner or operator may designate an agent to act as an applicant in order to comply with any application requirements found in this chapter.

History

#10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 602 References

N.H. Code Admin. R. Ann. Env-A 602.01 References {#sec-env-a-602.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 602.01}

For the purpose of this chapter, unless otherwise specified all references to 40 CFR 51, 40 CFR 52, 40 CFR 70, 40 CFR 72, 40 CFR 73, 40 CFR 76, and 40 CFR 78 shall be to the July 1, 2011 edition.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 603 Permit or Notice Required

N.H. Code Admin. R. Ann. Env-A 603.01 Permit Required {#sec-env-a-603.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 603.01}

(a) No person shall cause or allow the construction or installation of a new or modified stationary source, area source, or device as specified in Env-A 607.01, which is required to hold a temporary permit in accordance with the provisions of this chapter, without having applied for and been issued a temporary permit.

(b) No person shall cause or allow the operation of an existing stationary source, area source, or device as specified in Env-A 608.01, which is required to hold a state permit to operate in accordance with the provisions of this chapter, without having applied for and been issued a state permit to operate.

(c) No person shall cause or allow the operation of a stationary source, area source, or device, which is required to hold a title V operating permit pursuant to Env-A 609.01 in accordance with the provisions of this chapter, without having applied for and been issued a title V operating permit.

(d) The owner or operator of a stationary source, area source, or device that is eligible to be installed and operated pursuant to a general permit, as specified in Env-A 610, shall not be required to obtain a temporary permit or individual operating permit, if a letter of approval is issued by the department pursuant to Env-A 610.09.

(e) The owner or operator of a nonmajor stationary source, area source, or device that is eligible to be installed and operated pursuant to a permit-by-notification as specified in Env-A 603.02(a) shall be exempt from any other permitting requirement in this chapter if a permit-by-notification is obtained as specified in Env-A 603.02(b).

(f) Prior to operating a source in accordance with Env-A 625, the owner or operator shall submit a written notice to the department in accordance with Env-A 625.03.

History

#120, eff 8-31-73; ss by #721.16 eff 12-7-75; ss by #1375, eff 7-1-79; ss by #1717, eff 2-19-81; ss by #1861, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 603.02 Permit-by-Notification {#sec-env-a-603.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 603.02}

(a) A non-metallic mineral processing plant as defined in Env-A 2802, that is not a major source shall be eligible to be installed or operated pursuant to a permit-by-notification.

(b) To install or operate a non-metallic mineral processing plant pursuant to a permit-by-notification, the owner or operator shall comply with Env-A 2806.

History

#9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 604 Permit Content: Temporary Permits and Permits to Operate

N.H. Code Admin. R. Ann. Env-A 604.01 Permit Terms and Conditions {#sec-env-a-604.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 604.01}

(a) A temporary permit or permit to operate issued by the department shall contain terms and conditions establishing the parameters under which the stationary source, area source, or device to which it applies shall be constructed or operated.

(b) Upon the issuance of a temporary permit or permit to operate, the permittee shall comply with all terms and conditions in the permit.

History

#1375, eff 7-1-79; ss by #1717, eff 2-19-81; ss by #1861, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11 (from Env-A 604.02); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 604.02 Terms and Conditions to Ensure Synthetic Minor Status {#sec-env-a-604.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 604.02}

(a) For each stationary source, area source, or device for which permit terms and conditions are required in order for the source or device to retain synthetic minor source status, such terms and conditions shall include:

(1) Emission limitations;

(2) Limitations and controls on production, operation, or both; and

(3) Monitoring, recordkeeping, and reporting requirements capable of demonstrating compliance with such limitations and controls.

(b) All emission limitations, controls, and other requirements imposed pursuant to (a), above, shall be:

(1) Permanent and quantifiable;

(2) At least as stringent as all other applicable limitations, controls and requirements; and

(3) Enforceable under the state implementation plan (SIP) or federal Clean Air Act.

History

#1375, eff 7-1-79; ss by #1717, eff 2-19-81; ss by #1861, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 605 Obligation of Applicant

N.H. Code Admin. R. Ann. Env-A 605.01 Applicability {#sec-env-a-605.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 605.01}

This part shall apply to each person who files an application for a permit or a request for any other form of approval to construct, install, or operate any source or device for which a permit or other approval is required from the department, whether such application or request is filed by an owner or operator or by an agent as allowed by Env-A 601.03.

History

#1375, eff 7-1-79; ss by #1615, eff 7-31-80; ss by #1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 605.02 Proof of Right, Title, and Interest; Good Standing {#sec-env-a-605.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 605.02}

(a) The department shall consider an application only when the applicant has certified that the applicant, or the owner or operator the applicant represents, has right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use.

(b) The owner or operator shall bear the burden of proving right, title, and interest in the property.

(c) An owner or operator that is an entity which is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state shall show proof of being registered and in good standing to do business in New Hampshire.

History

#1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 605.03 Proof of Legal Authority {#sec-env-a-605.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 605.03}

Where the applicant is not the legal owner or operator of the source or device that is the subject of the application, a copy of the agency agreement authorizing the applicant to act on behalf of the owner or operator for purposes of the application shall be filed as part of the application for a permit.

History

#1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-B, eff 6-30-95 (formerly Env-A 605.05); ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 605.04 Certification of the Responsible Official {#sec-env-a-605.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 605.04}

(a) Each applicant, owner or operator shall appoint at least one person to be a responsible official, as that term is defined in Env-A 104.

(b) The applicant, owner or operator shall notify the department of the identity of the responsible official(s) by completing and filing an ARD-1 form, as specified in Env-A 1703, “Form ARD-1, General Facility Information,” signed by each appointed responsible official.

(1) Contain a written statement certifying the truth, accuracy, and completeness of the document; and

(2) Be signed by one responsible official.

(d) Unless otherwise specified, the certification required by (c), above, shall state that, to the best of the responsible official’s knowledge and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(e) Within 30 days of any change in the identity of a responsible official or applicant, the owner or operator shall file with the department an ARD-1 form containing the information specified in Env-A 1703, “Form ARD-1, General Facility Information,” and the signed certification statement specified in Env-A 1703.

(f) Within 30 days of any change in the identity of the owner or operator, the new owner or operator shall file with the department an ARD-1 form containing the information specified in Env-A 1703, “Form ARD-1, General Facility Information,” and the signed certification statement specified in Env-A 1703.

History

#1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 606 Air Pollution Dispersion Modeling Impact Analysis

N.H. Code Admin. R. Ann. Env-A 606.01 Purpose {#sec-env-a-606.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.01}

The purpose of this part is to establish the air pollution dispersion modeling impact analysis requirements that apply to owners and operators of certain stationary sources in order to demonstrate compliance with the SIP, RSA 125-C, RSA 125-I, and rules adopted thereunder.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 606.02 Applicability {#sec-env-a-606.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.02}

(a) Except as provided in (c), below, an air pollution dispersion modeling impact analysis shall be performed in accordance with this part as part of the application for a permit for any of the following sources or devices:

(1) A new stationary source with any source or device that, after construction or installation, will meet or exceed any applicable threshold in Env-A 607.01;

(2) An existing stationary source that constructs or installs a new process or device that, after construction or installation, will meet or exceed any applicable threshold in Env-A 607.01;

(3) An existing stationary source that modifies an existing source or device that meets or exceeds any applicable threshold in Env-A 607.01, resulting in an increase in allowable emissions as follows:

a. Annual or hourly emissions of nitrogen oxides, sulfur dioxide, or PM10; or

b. Emissions equal to or greater than 5 pounds per hour of carbon monoxide; or

(4) Any stationary source with emissions of regulated toxic air pollutants using the compliance demonstration method specified in Env-A 1405.02.

(b) An existing stationary source shall update its air pollution dispersion modeling impact analysis performed pursuant to this part prior to making a modification that will result in any of the following:

(1) Reduction in stack height;

(2) Increase in effective stack diameter;

(3) Obstruction of the stack exit;

(4) Change in stack exit orientation;

(5) Reduction in stack exit temperature by the lesser of 10% or 40 degrees F;

(6) Reduction in stack flow by the lesser of 10% or 1,000 actual cubic feet per minute; or

(7) Change in stack location.

(c) An air pollutant emission dispersion modeling analysis for regulated air pollutants shall not be required for any of the following devices:

(1) An emergency generator or other engines used for mechanical power in emergencies, such as fire pump engines, where the hours of operation are limited to 500 hours per year or less by an enforceable permit condition;

(2) A non-metallic mineral processing plant equipped with dust suppression controls operated to prevent, abate, and control the emission of fugitive dust as specified in Env-A 2800;

(3) Any source or device that meets or exceeds only VOC or HAP thresholds in Env-A 607.01;

(4) Any source or device being modeled solely to determine compliance with Env-A 1400 in accordance with Env-A 606.02(a)(4); or

(5) Any device equipped with a vertical and unobstructed emission stack located at a stationary source with facility-wide allowable emission rates less than all of the following:

a. 100 tons per calendar year of carbon monoxide;

b. 40 tons per calendar year of nitrogen oxides;

c. 40 tons per calendar year of sulfur dioxide; and

d. 15 tons per calendar year of PM10.

History

#6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 606.03 Demonstration of Compliance with Ambient Air Quality Standards and Ambient Air Increment Values {#sec-env-a-606.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.03}

(a) The owner or operator of a source shall demonstrate, using the air pollution dispersion modeling impact analysis required in this part, that the source will not:

(1) Cause or contribute to a violation of any National Ambient Air Quality Standard (NAAQS) listed in Env-A 300 that is required to be included in the analysis pursuant to Env-A 606.06(b), (c), (d), or (e); or

(2) Cause an increase in pollutant concentration over the baseline concentration that is greater than the value specified in 40 CFR §52.21(c) resulting from net emissions increases at the source after the baseline date determined pursuant to 40 CFR §52.21(a)(14), if applicable.

(b) A source shall be considered to cause or contribute to a violation of a NAAQS when such source’s contribution would exceed the significance levels at any locality that does not or would not meet the applicable national standard, as shown in table 606-1 below:

Table 606-1: NAAQS Significance Levels

Pollutant

Averaging Time and Significance Levels

Annual

24-hour

8-hour

3-hour

1-hour

SO₂

1.0 ug/m³

5 ug/m³

25 ug/m³

PM₁₀

1.0 ug/m³

5 ug/m³

PM_2.5

0.3 ug/m³

1.2 ug/m³

NO₂

1.0 ug/m³

0.5 mg/m³

2 mg/m³

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 606.04 Responsibility for Conducting Air Pollution Dispersion Modeling Impact Analysis {#sec-env-a-606.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.04}

The owner or operator shall file with the department as part of the permit application for any stationary source subject to this part one of the following:

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or

(b) A protocol describing the proposed air pollution dispersion modeling impact analysis methods, the report summarizing results of the air pollution dispersion modeling impact analysis, and all data files necessary to verify the results.

History

#6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12 (from Env-A 606.03); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 606.05 Air Pollution Dispersion Modeling Impact Analysis Methods {#sec-env-a-606.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.05}

(a) Except as provided in (b), below, an air pollution dispersion modeling impact analysis shall be conducted as specified in 40 CFR 51, Appendix W, using any model or methodology, as applicable, that the administrator has specified, referenced, or proposed for inclusion in 40 CFR 51, Appendix W.

(b) Impacts within the property boundary from internal combustion engines and hot mix asphalt plants shall not be included in the air pollution dispersion modeling impact analysis provided that:

(1) The engine or plant is located at a stationary source with a primary SIC classification of 1442 or 2951;

(2) The facility at which the engine or plant is located is not a major stationary source as defined in Env-A 104; and

(3) The engine or plant exhausts all emissions through a vertical and unobstructed exhaust stack.

History

#6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 606.04); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 606.06 Specific Sources, Devices, and Emissions Included in an Air Pollution Dispersion Modeling Impact Analysis {#sec-env-a-606.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 606.06}

(a) An air pollution dispersion modeling impact analysis for sources subject to Env-A 606.02(a)(1), (2), or (3) shall include emissions from the following:

(1) Each source or device at the stationary source required to do the air pollution dispersion modeling impact analysis that meets or exceeds any applicable threshold in Env-A 607.01 and which is not exempt from inclusion pursuant to the Env-A 606.02(c); and

(2) All sources identified as nearby in accordance with 40 CFR 51, Appendix W, that are listed in the department’s inventory of sources that meet the applicability thresholds of this part.

(b) Except as provided in (c), below, an air pollution dispersion modeling impact analysis for a source subject to Env-A 606.02(a)(1), (2), or (3)a. shall be performed for nitrogen oxides, sulfur dioxide, carbon monoxide, and PM10 emitted from the device(s) being analyzed.

(c) The following emissions, if from sources or devices located at facility that is not a major source as defined in Env-A 619, are not required to be included in an air pollution dispersion modeling analysis:

(1) Nitrogen oxides emissions from sources or devices that achieve Reasonably Available Control Technology standards specified in Env-A 1300 for nitrogen oxide;

(2) Sulfur dioxide emissions from sources or devices with a sulfur dioxide emission rate equal to or less than 0.025 lb/MMBtu of heat input; and

(3) PM10 emissions from sources or devices with the following:

a. A PM emission rate equal to or less than 0.10 lb/MMBtu; or

b. A PM control device which achieves a PM capture and control efficiency of at least 95%.

(d) An air pollution dispersion modeling impact analysis for sources subject to Env-A 619 shall include emissions of PM2.5. For purposes of this analysis, nearby sources of PM2.5 shall be identified in accordance with 40 CFR 51, Appendix W, and selected from the department’s inventory of sources that are classified as major sources pursuant to Env-A 619.

(e) An air pollution dispersion modeling impact analysis for sources subject only to Env-A 606.02(a)(3)b. shall be performed for carbon monoxide only.

(f) Except as provided in (g), below, an air pollution dispersion modeling impact analysis for sources subject to Env-A 606.02(a)(4) shall include emissions from each source or device at the stationary source which emits the same regulated toxic air pollutant for which the analysis is being performed.

(g) An air pollution dispersion modeling impact analysis for sources subject to Env-A 606.02(a)(4) shall not include emissions from any exempt device or process as specified in Env-A 1402.

History

#6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 606.05); ss by #13510, eff 12-17-22

Part Env-A 607 Temporary Permits

N.H. Code Admin. R. Ann. Env-A 607.01 Specific Applicability for Temporary Permits {#sec-env-a-607.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.01}

The owner or operator of a new or modified stationary source, area source, or device shall obtain a temporary permit as specified in this chapter prior to the construction or installation of the source or device if the source or device is any of the following:

(a) An external combustion device with a design gross heat input greater than or equal to 10 million British thermal units (BTUs) per hour that combusts:

(1) Gaseous fuel, as defined in Env-A 1302,

(2) Liquefied petroleum gas;

(3) Distillate weight liquid fuel, including but not limited to #2 fuel oil or diesel fuel oil; or

(4) Any combination of (1) through (3), above;

(b) An external combustion device with a design gross heat input greater than or equal to 4 million BTUs per hour that combusts #4 fuel oil;

(c) An external combustion device with a design gross heat input greater than or equal to 2 million BTUs per hour that combusts:

(1) Solid fuel;

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil;

(3) Used oil as defined in Env-A 105; or

(4) Any combination of (1) through (3), above;

(d) One or more internal combustion devices at a source where:

(1) Each device combusts liquid fuel oil and has a design gross heat input greater than 0.15 million BTUs per hour, and the combined total design gross heat input for all such devices is greater than or equal to 1.5 million BTUs per hour; or

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input greater than 1.5 million BTUs per hour, and the combined total design gross heat input of all such devices is greater than or equal to 10 million BTUs per hour;

(e) An incinerator using any combination of type 0, 1, 2, or 3 waste with a design rating greater than or equal to 1,000 pounds per hour;

(f) An incinerator using any combination of type 4, 5, 6, and 7 waste with a design rating greater than or equal to 200 pounds per hour;

(g) A stationary source, area source, or device with total actual volatile organic compound (VOC) emissions greater than or equal to 10 tons per calendar year;

(h) An aboveground, vertical, VOC storage tank with a capacity greater than or equal to 40,000 gallons and containing VOCs with a true vapor pressure greater than or equal to 1.52 pounds per square inch absolute (psia) at 60° F;

(i) A device for loading tank trucks with gasoline at a gasoline terminal with a throughput greater than or equal to 20,000 gallons per day;

(j) A woodworking device that does not use a baghouse or filter for controlling dust emissions, but which employs a pneumatic transfer system to collect any amount of sander dust at a total wood waste transfer rate greater than or equal to 20 tons per calendar year;

(k) Pneumatic dust transfer equipment used to convey materials other than wood waste into bins or silos, which equipment does not use a baghouse or filter for controlling dust;

(l) Subject to Env-A 603.02, a fixed non-metallic mineral processing plant or coal crusher with a design throughput greater than or equal to 25 tons per hour;

(m) Subject to Env-A 603.02, a portable non-metallic mineral processing plant or a coal crusher with a design throughput of greater than or equal to 150 tons per hour;

(n) A stationary source, area source, or device choosing to limit its potential to emit by accepting enforceable permit conditions, including but not limited to any restrictions on the following:

(1) The hours of operation of the source or device;

(2) The type or amount of material combusted, stored, or processed; or

(3) The level of production;

(o) A stationary source, area source, or device at which documented and repeated violations occur of any of the applicable opacity or emission limits specified in Env-A 400 et seq.;

(p) A stationary source, area source, or device that is a significant contributor to documented and repeated violations of any of the national ambient air quality standards (NAAQS) as specified in Env-A 300, where discovery of the violation(s) or contribution resulted from one of the following:

(1) A direct measurement using ambient air quality monitoring; or

(2) Calculations based on the technical procedures adopted pursuant to 40 CFR 51, Appendix W;

(q) A stationary source, area source, or device subject to the national emission standards for hazardous air pollutants (NESHAP) contained in 40 CFR 61, except for sources and source categories subject to 40 CFR 61 solely for Subpart M, NESHAP for asbestos;

(r) A stationary source, area source, or device subject to rules governing prevention of significant deterioration (PSD) as specified in Env-A 619;

(s) A stationary source, area source, or device subject to rules governing nonattainment areas as specified in Env-A 618;

(t) A stationary source, area source, or device where a permit is required under the rules governing regulated toxic air pollutants specified in Env-A 1400;

(u) A stationary source, area source, or device where a permit is required by the maximum achievable control technology (MACT) standards for source categories as specified in 40 CFR 63;

(v) A stationary source or device subject to the rules governing reasonably available control technology (RACT) as contained in:

(1) Env-A 1300 for NOx emissions; or

(2) VOC RACT order provisions as stated in Env-A 1205;

(w) A stationary source, area source, or device determined by the department, based on modeling performed in accordance with 40 CFR 51, Appendix W, to have a significant impact on the air quality where a permit is required to ensure that ambient air quality standards are achieved and maintained;

(x) A source subject to, or opting into, the Acid Rain program under title IV of the Act;

(y) A stationary source, area source, or device that is a major source of hazardous air pollutants;

(z) A nitrogen oxides (NOx) budget source as defined in Env-A 3203.17; or

(aa) A carbon dioxide (CO2) budget source as defined in Env-A 4602.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; amd by #6344, eff 9-28-96; amd by #6468-B, eff 3-5-97; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; amd by #7615, eff 12-20-01; ss by #7879, eff 4-26-03; amd by #8129, eff 7-28-04; amd by #9462, eff 4-22-09; amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.02 Timely Application {#sec-env-a-607.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.02}

(a) For an initial temporary permit, an application shall be considered timely if it is filed with the department prior to the construction or installation of a new or modified source or device.

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.03 Applications for Temporary Permits {#sec-env-a-607.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.03}

(a) The owner or operator of any source or device required to obtain a temporary permit pursuant to Env-A 607.01 shall file the original and one copy of an application package as specified in (b) and (c), below, with the department.

(b) The application package shall include the following:

(1) The forms and information for the specific source or device as specified in Env-A 1703 through Env-A 1708, as applicable;

(2) The fee(s) specified in Env-A 700, as applicable;

(3) For a major source, all information specified in Env-A 1709;

(4) For a major source of hazardous air pollutants subject to 112(g) of the Act, all information required pursuant to 40 CFR §63.43(e);

(5) If an air pollution dispersion modeling impact analysis is required pursuant to Env-A 606.02, documentation required pursuant to Env-A 606.04;

(6) For a source subject to RSA 125-C:10-b, the information required pursuant to Env-A 624;

(7) Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

(8) Proof of legal authority as specified in Env-A 605.03, if the applicant is not the legal owner or operator of the source or device that is the subject of the application;

(9) For a source with air pollution control equipment as defined in Env-A 102, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and

(10) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02.

(c) The information submitted pursuant to (a) and (b), above, shall contain enough detail for the department to reach its own conclusions regarding whether the application meets the requirements specified in Env-A 607.04.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; ss by #7879, eff 4-26-03; ss by 8654, eff 6-8-06; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.04 Review Criteria {#sec-env-a-607.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.04}

The department shall review each application for a temporary permit to ensure compliance with:

(a) All applicable elements of the SIP;

(b) Env-A 100 et seq.;

(d) Applicable requirements, as defined in Env-A 102.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.05 Acknowledgment and Completeness Determinations for Temporary Permits {#sec-env-a-607.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.05}

Pursuant to RSA 541-A:29, I, within 30 days of receipt of an application for a temporary permit, the department shall:

(a) Notify the applicant that the application is complete; or

(b) Notify the applicant of the information that is needed to complete the application and request the applicant to submit the information.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.06 Temporary Permit {#sec-env-a-607.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.06}

Application Deficiencies.

(a) Any applicant who fails to file any required information or who has filed incorrect information in an application for issuance or amendment of a temporary permit shall, upon becoming aware or being notified by the department of such failure or incorrect filing, file in writing with the department such supplementary facts or corrected information no later than 30 days after such discovery or notification.

(b) While processing an application that has been deemed complete, if the department determines that the application does not contain enough detail for the department to reach its own conclusions regarding whether the application meets the requirements specified in Env-A 607.04, the department shall request the applicant to provide the additional details in writing within 30 days of receipt of the department’s request.

History

#1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.07 Final Action {#sec-env-a-607.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.07}

The department shall take final action on an application for a temporary permit after the requirements for public notice and hearing procedures specified in Env-A 621 have been satisfied.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.08 Expiration of Temporary Permits {#sec-env-a-607.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.08}

(a) The expiration date of each temporary permit shall be 18 months after the date of its issuance.

(b) The temporary permit shall be in effect until the designated expiration date, unless revoked or suspended at an earlier date by the department pursuant to RSA 125-C:13.

(c) Unless reissued in accordance with Env-A 607.09, a temporary permit shall expire on the expiration date listed on the temporary permit.

(d) Except as provided in (e), below, the expiration of a temporary permit shall terminate the authority of the owner or operator to construct or operate a new or modified source or device pursuant to the permit.

(e) Pursuant to RSA 541-A:30, I, the authority of the owner or operator to construct or operate a new or modified source or device shall continue, subject to the terms and conditions of a temporary permit that otherwise would have expired, pending the department’s decision on:

(1) A timely and complete application for reissuance of the temporary permit, as specified in Env-A 607.09, if the owner or operator demonstrates that any of the circumstances listed in Env-A 607.09(a)(1)-(5) apply; or

(2) A timely and complete application for a state permit to operate or amendment thereto, or a title V operating permit or amendment thereto.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; amd by #8129, eff 7-28-04; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.09 Permit Reissuance {#sec-env-a-607.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.09}

(a) The owner or operator to whom a temporary permit was issued may request a reissuance of the temporary permit for a period not to exceed one year, provided that at least one of the following is met:

(1) Actual construction has been completed by the expiration date, but any required compliance testing has not been completed;

(2) Actual construction has commenced by the expiration date but has not been completed;

(3) Actual construction has not commenced, but the owner or operator provides a copy of at least one binding agreement or contractual obligation which cannot be canceled or modified without substantial loss to the owner or operator;

(4) The owner or operator is in the process of obtaining a permit or other authorization required for the project from another governmental entity; or

(5) The owner or operator is involved in litigation where a decision regarding a permit or other authorization required for the project from another governmental entity has been issued and appealed.

(b) To obtain a reissuance, the owner or operator shall file a written request for a reissuance that specifies the basis for the request and includes a certification as specified in Env-A 605.04(c).

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 607.10 Application Shield: Temporary Permits {#sec-env-a-607.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 607.10}

(a) If an applicant files a timely application that has been deemed complete by the department for the reissuance of a temporary permit, the issuance of an initial state permit to operate, or the incorporation of the provisions of a temporary permit into an existing state permit to operate or Title V operating permit, the failure to have a current and valid temporary permit shall not be considered a violation of RSA 125-C:11 or Env-A 607.01 unless and until the department denies the requested reissuance and:

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or

(2) The denial is affirmed after all available appeals have been exhausted.

(b) If the department deems an application complete, but requests additional information pursuant to Env-A 607.06(b), the protection granted in (a), above, shall cease to apply when the applicant fails to file in writing such additional requested information by the deadline specified in the request.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 608 State Permits to Operate

N.H. Code Admin. R. Ann. Env-A 608.01 Specific Applicability for State Permits to Operate {#sec-env-a-608.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.01}

The owner or operator of any stationary source, area source, or device that is specified in Env-A 607.01 and is not required to obtain a Title V permit pursuant to Env-A 609.01 shall file a timely and complete application for, and obtain, a state permit to operate as specified in this chapter.

History

#721.16 eff 12-7-75; amd by #1375, eff 7-1-79; 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 #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.02 Timely Applications for Issuance or Renewal of State Permits to Operate {#sec-env-a-608.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.02}

(a) For a source or device that has been issued a temporary permit, an application for an initial state permit to operate or the incorporation of the provisions of the temporary permit into an existing state permit to operate shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit.

(b) For a source or device that has been issued a state permit to operate, an application for renewal of the permit shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the current state permit to operate.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.03 Application Procedures For State Permits to Operate {#sec-env-a-608.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.03}

(a) The owner or operator of any source or device required to obtain a state permit to operate pursuant to Env-A 608.01 shall file the original and one copy of an application package for the permit as specified in (b) and (c), below, with the department.

(b) The application package shall include the following:

(1) The forms and information for the specific source or device as specified in Env-A 1703 through Env-A 1708, as applicable;

(2) The fee(s) specified in Env-A 700, as applicable;

(3) If an air pollution dispersion modeling impact analysis is required pursuant to Env-A 606.02, documentation required pursuant to Env-A 606.04;

(4) Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

(5) Proof of legal authority as specified in Env-A 605.03, if the applicant is not the legal owner or operator of the source or device that is the subject of the application;

(6) For a source with air pollution control equipment, as defined in Env-A 102, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and

(7) If a plan is required pursuant to Env-A 810.01, a description of the monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02.

History

#6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.04 Review Criteria {#sec-env-a-608.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.04}

The department shall review each application for a state permit to operate to ensure compliance with:

(a) All applicable elements of the SIP;

(b) Env-A 100 et seq.; and

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.05 Acknowledgment and Completeness Determinations for State Permits to Operate {#sec-env-a-608.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.05}

Pursuant to RSA 541-A:29, I, within 30 days of receipt of an application for a state permit to operate, the department shall:

(a) Notify the applicant that the application is complete; or

(b) Notify the applicant of the information that is needed to complete the application and request the applicant to file the information with the department in accordance with Env-A 608.06(a).

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.06 State Permit to Operate Application Deficiencies {#sec-env-a-608.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.06}

(a) Any applicant who fails to file any required information or who has filed incorrect information in an application for issuance or amendment of a state permit to operate shall, upon becoming aware or being notified by the department of such failure or incorrect filing, file in writing with the department such supplementary facts or corrected information no later than 30 days after such discovery or notification.

(b) While processing an application that has been deemed complete, if the department determines that the application does not contain enough detail for the department to reach its own conclusions regarding whether the application meets the requirements specified in Env-A 608.04, the department shall request the applicant to provide the additional details in writing within 30 days of receipt of the department’s request.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.07 Final Action {#sec-env-a-608.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.07}

The department shall take final action on an application for a state permit to operate after the requirements for public notice and hearing procedures specified in Env-A 621 have been satisfied.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.08 Permit Expiration {#sec-env-a-608.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.08}

(a) The state permit to operate shall be in effect until the designated expiration date, unless sooner revoked or suspended by the department pursuant to RSA 125-C:13.

(b) The expiration of a state permit to operate shall terminate the right to operate under the permit unless a timely and complete renewal application has been filed with the department.

(c) After a timely and complete application for renewal is filed with the department, the owner or operator may continue to operate under the terms and conditions of the expired state permit to operate until the department has taken final action on the renewal application.

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of:

(1) The date of the denial, if the applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or

(2) The date the denial is affirmed after all available appeals have been exhausted.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.09 Permit Renewal And Expiration Date Established {#sec-env-a-608.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.09}

(a) Each state permit to operate shall be issued for a period of 5 years and shall be renewed in accordance with Env-A 608.10.

(b) The amendment or modification of a state permit to operate shall not affect the permit expiration date contained in the permit.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.10 Permit Renewal {#sec-env-a-608.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.10}

(a) The owner or operator shall file with the department an application for permit renewal at least 90 days prior to the designated expiration date of the existing state permit to operate.

(b) The owner or operator shall pay to the department any applicable fee as established in Env-A 700 with the application for permit renewal.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.11 Permit Reissuance {#sec-env-a-608.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.11}

(a) The owner or operator may request a reissuance of a state permit to operate for a period not to exceed 2 years if:

(1) Required compliance testing is not complete by the designated expiration date;

(2) The owner or operator is in the process of obtaining a permit or permits from another governmental entity;

(3) The owner or operator is involved in a dispute where a permit from another governmental entity has been issued and appealed; or

(4) The operation of the device or source will be discontinued within 2 years after the designated expiration date.

(b) The owner or operator shall file a written request for a reissuance, specifying the basis for such request and including a certification pursuant to Env-A 605.04(c), with the department at least 90 days prior to the designated expiration date of a state permit to operate.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 608.12 Application Shield: State Permits to Operate {#sec-env-a-608.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 608.12}

(a) If an applicant files a timely application for a state permit to operate which the department has deemed complete, the failure to have a current state permit to operate shall not be considered a violation of RSA 125-C:11,I, or Env-A 608.01, unless and until the department denies the requested permit and:

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or

(2) The denial is affirmed after all available appeals have been exhausted.

(b) If the department deems an application complete but requests additional information pursuant to Env-A 608.06(b), the protection granted in (a), above, shall cease to apply if the applicant fails to file in writing such additional requested information by the deadline specified in the request.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 609 Title V Operating Permits

N.H. Code Admin. R. Ann. Env-A 609.01 Specific Applicability {#sec-env-a-609.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.01}

(a) For the operation of any stationary source, area source, or device specified below, and which is not specifically exempted by (b), the owner or operator shall obtain a title V operating permit in lieu of a state permit to operate as specified under Env-A 608 for the following:

(1) Any major source;

(2) Any source subject to a standard, limitation, or other requirement under section 111 of the Act;

(3) Any source subject to a standard or other requirement under section 112 of the Act, except that a source shall not be required to obtain a title V operating permit solely because it is subject to regulations or requirements under section 112(r) of the Act;

(4) Any affected source as that term is defined in title IV of the Act; and

(5) Any source in a source category designated by the administrator pursuant to 40 CFR §70.3.

(b) The following shall be exempt from the obligation to obtain a title V operating permit:

(1) All sources and source categories that would be required to obtain a title V operating permit solely because they are subject to 40 CFR 60, subpart AAA, NSPS for New Residential Wood Heaters; and

(2) All sources and source categories that would be required to obtain a title V operating permit solely because they are subject to 40 CFR §61, subpart M, NESHAP for Asbestos, section 61.145 Standards for Demolition and Renovation.

(1) All sources listed in (a), above that are not major sources, affected sources as defined in title IV of the Act, or solid waste incineration units required to obtain a title V operating permit pursuant to section 129(e) of the Act, until such time as the administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in (c)(2), below; and

(2) All nonmajor sources subject to a standard or other requirement under either section 111 or section 112 of the Act after July 21, 1992, until such time as the administrator determines not to exempt any or all such applicable sources from the requirement to obtain a title V operating permit at the time that the new standard is promulgated.

(d) Pursuant to 40 CFR §70.3(b)(3), a source that is exempt from being required to obtain a title V operating permit may apply for a title V operating permit.

History

#1375, eff 7-1-79; rpld by #1615, eff 7-31-80; 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 #6057-B, eff 6-30-95; amd by #6468-B, eff 3-5-97; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.02 Issuance of Title V Operating Permits {#sec-env-a-609.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.02}

A title V operating permit shall be issued by the department and shall remain in effect until the expiration date, or any suspension or revocation date designated by the department pursuant to RSA 125-C:13.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.03 Exempt Activities {#sec-env-a-609.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.03}

(a) A list of exempt activities shall not be included in an application for a title V operating permit.

(b) Exempt activities shall not be subject to emission-based fees specified in Env-A 705.

(1) Open burning activities conducted in accordance with Env-A 1000;

(2) Activities such as copying and duplication activities performed in an office, and use of typewriters, printers, blueprinting, and pens;

(3) Interior maintenance activities, such as janitorial cleaning and the use of cleaning products and air fresheners other than the cleaning of any process equipment except as allowed under (15), below;

(4) The use of bathroom and locker room ventilation;

(5) The activities of maintenance limited to welding, gluing, painting of process equipment and soldering, but excluding VOC degreasing operations;

(6) First aid or emergency medical care provided at the facility, including related activities such as sterilization of equipment and medicine preparation;

(7) Laundry operations, other than dry-cleaning, to service uniforms or clothing used at the facility;

(8) Architectural maintenance activities conducted to take care of the buildings and structures at the facility, including repainting, roofing, and sandblasting, unless subject to an applicable requirement;

(9) Exterior maintenance activities conducted to take care of the grounds of the facility, including lawn care and pest controls;

(10) Food preparation, including barbecuing for service facility cafeterias and dining rooms, but excluding such activities which are connected to preparation of packaged food for off-site consumption;

(11) The use of portable space heaters which can be carried and relocated by an employee;

(12) The use of steam vents that do not emit any regulated air pollutants, regulated toxic air pollutants, or hazardous air pollutants (HAPs);

(13) The venting of particulate emissions from processes equipped with removal equipment and which are vented inside the building;

(14) The use of laboratory ventilation hoods for educational or research and development facilities, excluding hoods used for any production or pilot processes, unless otherwise regulated under section 112 of the Act;

(15) The use of consumer products in a manner consistent with how the general public would use the product;

(16) The use of fire control equipment, including maintenance and employee training;

(17) The characterization of waste sites and feasibility tests;

(18) The venting of emissions from mobile equipment and off-road equipment such as automobiles, forklifts, trucks, and construction equipment, except for air conditioning systems regulated under section 609 of the Act; and

(19) The venting of emissions from cooling towers, evaporators, or heating, ventilation, and air conditioning (HVAC) systems that do not emit regulated air pollutants, carbon monoxide (CO), regulated toxic air pollutants, or HAPs, except for devices subject to a MACT standard under 40 CFR 63, or devices subject to title VI of the Act.

History

#6057-B, eff 6-30-95; amd by #6468-B, eff 3-5-97; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.04 Insignificant Activities {#sec-env-a-609.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.04}

(a) A list of insignificant activities shall be included in an application for a title V operating permit.

(b) Emissions from activities identified as insignificant activities in (d), below shall be quantified.

(d) A device, source, or activity that is not an exempt activity under Env-A 609.03 shall be classified as an insignificant activity if it:

(1) Is below any applicable threshold specified in Env-A 607.01;

(2) Emits less than 1,000 lbs. per year of all regulated air pollutants, other than GHGs, in aggregate; and

(3) Emits less than 200 tons per year of CO2e.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; amd by #8129, eff 7-28-04; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.05 Permit Content: Title V Operating Permits {#sec-env-a-609.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.05}

(a) Each title V operating permit issued by the department shall establish the parameters under which the source or device to which it applies shall be operated. Upon issuance of a title V operating permit, the owner or operator shall comply with all such terms and conditions.

(b) Each title V operating permit issued under this chapter shall contain all of the elements required by 40 CFR §70.6 (a) through (c), except that the expiration date and frequency of renewal of each title V operating permit shall be as specified in Env-A 609.16.

(c) Except as provided in 40 CFR §70, each title V operating permit issued under this part shall include a permit shield as specified in Env-A 609.09.

History

#6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.06 Application Procedures For Title V Operating Permits {#sec-env-a-609.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.06}

(a) The owner or operator of any source or device required to obtain a title V operating permit pursuant to Env-A 609.01 shall file an application for such permit with the department.

(b) The application shall include the following:

(1) Complete application forms provided by the department as described in Env-A 1703 through Env-A 1708;

(2) All information specified in Env-A 1709;

(3) Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

(4) The fee(s) specified in Env-A 702 through Env-A 705, as applicable;

(5) If an air pollution dispersion modeling impact analysis is required pursuant to Env-A 606.02, documentation pursuant to Env-A 606.04;

(6) For a source with air pollution control equipment as defined in Env-A 102, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01;

(7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02; and

(8) A compliance assurance monitoring (CAM) plan, if required by 40 CFR 64, which shall satisfy (6) and (7) above for that control equipment.

(c) The owner or operator shall present the information required under this section in sufficient detail for the department to evaluate the subject source and the application to determine all applicable requirements.

(d) Upon filing an original application for a title V operating permit and one copy thereof with the department, the applicant shall forward a second copy of the items identified in (b)(1) and (b)(2), above, to the EPA.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.07 Timely Application {#sec-env-a-609.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.07}

(a) For an initial title V operating permit, an application shall be considered timely if it is filed with the department according to the following schedule:

(1) Subject to (2), below, each source that becomes subject to the title V program after June 30, 1995 shall file a title V operating permit application no later than 12 months after becoming subject to the title V program or commencing operation pursuant to a temporary permit;

(2) Each major source required to meet the requirements of section 112(g) of the Act or to have a permit under the preconstruction review program approved as part of the New Hampshire SIP under parts C or D of title I of the Act, shall file a permit application to obtain a title V operating permit or title V operating permit revision within 12 months of commencing operation; and

(3) Any source that becomes subject to the provisions of section 112(j) of the Act shall file a title V operating permit application in accordance with the provisions of section 112(j) and 40 CFR §63.50 through 63.56.

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is filed with the department at least 6 months prior to the designated expiration date of the current title V operating permit.

(c) For a source or device with an existing title V operating permit that has also been issued a temporary permit, has completed construction, and has demonstrated compliance through testing, an application to incorporate the conditions of the temporary permit into the title V operating permit shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.08 Application Shield: Title V Operating Permits {#sec-env-a-609.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.08}

(a) If an applicant files a timely and complete application for the issuance or renewal of a title V operating permit, the failure to have a title V operating permit shall not be considered a violation of this part unless and until the department denies the requested permit and:

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or

(2) The denial is affirmed after all available appeals have been exhausted.

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to file in writing any information requested by the department pursuant to Env-A 609.12, by the deadline specified.

History

#6057-B, eff 6-30-95; amd by #7483, eff 4-26-01; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.09 Permit Shield: Title V Operating Permits {#sec-env-a-609.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.09}

(a) A permit shield shall state that compliance with the conditions of the title V operating permit will be deemed in compliance with any applicable requirement and any state requirement as of the date of permit issuance, provided that:

(1) All such applicable requirements and all such state requirements found in Env-A 100 et seq. are specifically identified and included in the title V operating permit;

(2) Requirements excluded from the title V operating permit are specifically identified by the department as not applicable to the stationary source or area source; and

(3) The title V operating permit includes that determination or a permit condition that incorporates that determination by reference.

(b) A permit shield shall apply only to those conditions incorporated into a title V operating permit through:

(1) Issuance of an initial title V operating permit;

(2) Issuance of a renewal of a title V operating permit;

(3) A change made pursuant to the procedures for significant permit modification found in Env-A 612.06; or

(4) A change made pursuant to the procedures for an administrative permit amendment, provided that the administrative permit amendment:

a. Incorporates only those changes of an initial temporary permit or an extended temporary permit that were subject to the same review procedures used for a significant permit modification found in Env-A 612, including an opportunity for public comment; and

b. Meets all requirements of 40 CFR §70.6, §70.7, and §70.8.

(1) Administrative permit amendment except as provided for in (b)(4), above;

(2) Changes to insignificant source operations;

(3) Changes made pursuant to Env-A 612.02(d) or (e); or

(4) Minor permit modifications made in accordance with Env-A 612.05.

(d) If a title V operating permit issued by the department does not expressly include or exclude an applicable requirement or a state requirement found in Env-A 100 et seq., that applicable requirement or state requirement shall not be covered by the permit shield and the applicant, owner, or operator shall comply with the provisions of the requirement to the extent that it applies to the applicant, owner, operator, stationary source, area source, or device.

(e) If the department determines that a title V operating permit was issued based on inaccurate or incomplete information provided by the applicant, owner or operator of a stationary source, area source, or device, any permit shield provision in the title V operating permit shall be void as to the portions of the title V operating permit which are affected, directly or indirectly, by the inaccurate or incomplete information.

(f) Nothing contained in this section shall alter or affect the ability of the department to reopen a title V operating permit for cause pursuant to Env-A 609.19 or to exercise its summary abatement authority pursuant to RSA 125-C:15, I.

(g) Nothing contained in this section or in any title V operating permit issued by the department shall alter or affect the following:

(1) The ability of the department to order abatement requiring immediate compliance with applicable requirements upon finding that there is an imminent and substantial endangerment to public health, welfare, or the environment;

(2) The state of New Hampshire's ability to bring an enforcement action pursuant to RSA 125-C:15, II;

(3) The provisions of section 303 of the Act regarding emergency orders including the authority of the administrator under that section;

(4) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

(5) The applicable requirements of the acid rain program, consistent with section 408(a) of the Act;

(6) The ability of the department or the administrator to obtain information about a stationary source, area source, or device from the owner or operator pursuant to section 114 of the Act; or

(7) The ability of the department or the administrator to enter, inspect, and monitor a stationary source, area source, or device.

History

#6057-B, eff 6-30-95; amd by #6780, eff 6-27-98, EXPIRES: 10-25-98; amd by #6813, eff 7-23-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.10 Department Review of Applications {#sec-env-a-609.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.10}

The department shall review each application for a title V operating permit to ensure compliance with:

(a) All applicable elements of the SIP;

(b) Env-A 100 et seq.;

(d) Applicable requirements as defined in Env-A 102.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.11 Acknowledgment and Completeness Determinations for Title V Operating Permits {#sec-env-a-609.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.11}

Pursuant to 40 CFR 70.5(a)(2), within 60 days of receipt of an application for the issuance or renewal of a title V operating permit the department shall:

(a) Notify the applicant that the application is complete; or

(b) Notify the applicant of the information that is needed to complete the application and request the applicant to file the information.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.12 Application Deficiencies {#sec-env-a-609.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.12}

(a) An applicant who fails to file any required information or who has filed incorrect information in any permit application shall, upon being notified by the department or otherwise becoming aware of such failure or incorrect filing, file in writing to the department such supplementary facts or corrected information no later than 30 days after such discovery or notification.

(b) Prior to the date of release of the draft permit, an applicant shall provide supplemental information to the department as necessary to address any applicable requirements to which the source becomes subject after the date the application has been deemed complete.

(c) Pursuant to 40 CFR §70.5, if the department determines that additional information is necessary in order to evaluate or to take final action on that application while processing an application that has been previously deemed complete, the department shall request that such information be filed in writing, and specify the date by which it shall be filed.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.13 Final Action {#sec-env-a-609.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.13}

(a) The department shall take final action on an application for a title V operating permit by issuing or denying a proposed permit after the public notice and hearing procedures specified in Env-A 622 and the provisions for notice to affected states specified in Env-A 622.03 have been satisfied.

(b) Notwithstanding (a), above, the department shall take final action on an application for a title V operating permit as specified below:

(1) Pursuant to 40 CFR §70.4(b)(6), the department shall take final action on an application for issuance of a title V operating permit within 18 months of the date on which the department deems an application complete; and

(2) The department shall take final action on an application for an acid rain affected source in accordance with the deadlines contained in title IV of the Act and the regulations promulgated thereunder.

(c) Pursuant to 40 CFR §70.7(a)(3), the department shall give priority to taking action on an application for construction or modification under title I, parts C and D of the Act.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.14 Department Action Following EPA Objection {#sec-env-a-609.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.14}

(a) The department shall not issue a proposed title V operating permit if EPA files a written objection with the department within 45 days of its receipt of:

(1) The proposed title V operating permit referenced in Env-A 622.04(b); or

(2) The department’s notice, referenced in Env-A 622.03(c), that it is not incorporating into a permit all comments of an affected state.

(b) Within 90 days after receipt of an objection by EPA, the department shall revise the proposed title V operating permit and forward to EPA a copy of the revised permit in response to the objection.

(c) Pursuant to 40 CFR §70.8(c)(4), if the department fails to take the action specified in (b), above, EPA may issue or deny the permit in accordance with the provisions of the federal title V permit program.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; amd by #8129, eff 7-28-04; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.15 Permit Expiration {#sec-env-a-609.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.15}

(a) A title V operating permit shall be in effect until the expiration date unless the department suspends the permit in accordance with the provisions of RSA 125-C:13 and Env-A 609.19.

(b) The expiration of a title V operating permit shall terminate the owner or operator’s right to operate under the permit unless the owner or operator files a timely and complete renewal application with the department.

(c) After a timely and complete renewal application is filed with the department, the owner or operator may continue to operate under the terms and conditions of the expired title V operating permit until the department has taken final action on the renewal of the application.

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of:

(1) The date of the denial, if applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or

(2) The date the denial is affirmed after all available appeals have been exhausted.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.16 Permit Renewal and Expiration Date Established {#sec-env-a-609.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.16}

(a) Each title V operating permit shall be issued for a period of 5 years and may be renewed in accordance with Env-A 609.18.

(b) The amendment or modification of a title V operating permit shall not affect the permit expiration date contained in the permit.

(c) The acid rain portion of a title V operating permit shall be issued for a period of 5 years and shall be renewed in accordance with Env-A 611.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.17 Notification of Need for Permit Renewal {#sec-env-a-609.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.17}

(a) The department shall notify the owner or operator as specified in (b), below that the owner or operator's title V operating permit is scheduled to expire.

(b) Each renewal notice shall:

(1) Be in writing;

(2) Specify the procedures for filing an application for permit renewal; and

(3) Be sent by certified mail no less than 12 months prior to the designated expiration date of the current title V operating permit.

(c) Failure to receive the notice described in this section shall not relieve the owner or operator of the source or device of the obligation to apply for permit renewal.

History

#6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.18 Criteria for Permit Renewal {#sec-env-a-609.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.18}

(a) The department shall determine permit conditions under which a title V operating permit shall be renewed based on:

(1) All definitions and requirements of Env-A 100 et seq. and the Act; and

(2) The owner or operator’s compliance status with the conditions of the existing permit and all applicable requirements of Env-A 100 et seq. and the Act.

(b) The department shall take final action on a permit renewal of a title V operating permit by issuing a permit renewal only if:

(1) The owner or operator has filed a complete application for renewal with the department, which includes:

a. All fees specified in Env-A 702 through Env-A 705, as applicable;

b. Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

c. If an air pollution dispersion modeling impact analysis is required for a source or device pursuant to Env-A 606.02, documentation pursuant to Env-A 606.04;

(2) The requirements for public participation specified in Env-A 622 have been satisfied;

(3) The requirements for notifying and responding to affected states as specified in Env-A 622.03, have been satisfied;

(4) The conditions of the proposed title V operating permit provide for compliance with all requirements of Env-A 100 et seq. and the Act; and

(5) The EPA has received a copy of the proposed title V operating permit and any notices required, and has not objected to the issuance of such permit within the time period specified in 40 CFR §70.8(c).

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 609.19 Permit Reopenings for Cause {#sec-env-a-609.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 609.19}

(a) The department shall reopen and revise a title V operating permit for cause if any of the following circumstances exist:

(1) An additional applicable requirement, adopted after the date of issuance of a title V operating permit, becomes applicable for a source having a permit with 3 or more years remaining prior to the expiration date of the permit;

(2) An additional requirement becomes applicable to an affected unit under the acid rain program;

(3) The title V operating permit contains a material mistake or inaccurate statement in the emissions standards or other conditions of the title V operating permit; or

(4) A determination is made by EPA or the department pursuant to 40 CFR §70.7(f)(1)(iv) that the title V operating permit shall be suspended or revoked and reissued to ensure compliance with the applicable requirements.

(b) In a proceeding to reopen and reissue a permit, the department shall:

(1) Provide notice of intent to reopen and reissue to the owner or operator at least 30 days prior to the date that the permit is to be reopened; and

(2) Follow the same procedures as apply to initial permit issuance, including public notice and hearing, notice to affected states, and EPA review, as specified in Env-A 622.

(c) Only those parts of a title V operating permit for which cause to reopen exists shall be affected by proceedings under this section.

(d) Where the reopening of a permit is the result of the promulgation of a new applicable requirement, the department shall reopen and reissue the permit no later than 18 months after promulgation of the applicable requirement.

(e) Where the reopening of a permit is the result of a finding by EPA that cause to reopen exists, the department shall:

(1) Within 90 days of receipt of notification of such a finding, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate;

(2) Provide a 90-day period to EPA to review the proposed determination; and

(3) Upon the expiration of EPA's 90-day review period, terminate, modify, or revoke and reissue, as appropriate.

(f) Where the reopening of a permit is the result of an objection by EPA filed as a result of a citizen petition to EPA pursuant to Env-A 614, the department shall, within 90 days of receipt of such an objection, resolve the objections by terminating, modifying, or revoking and reissuing the permit.

(g) The department shall issue a revised title V operating permit as required by EPA if a citizen petition is filed in accordance with Env-A 614 and the title V operating permit was revoked by EPA.

History

#7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 610 General State Permits and General Permits Under Title V

N.H. Code Admin. R. Ann. Env-A 610.01 Purpose {#sec-env-a-610.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.01}

The purpose of this part is to establish a general permit program which will reduce the administrative burden for owners and operators of certain stationary sources, area sources, and devices while achieving increased consistency in regulating particular source categories in order to maintain the ambient air quality and the ambient air limits that have been established pursuant to federal and state statutes and rules.

History

#1375, eff 7-1-79; amd by #1615, eff 7-31-80; ss by #1717, eff 2-19-81; amd by #1922, eff 1-18-82; ss by #2332, eff 4-29-83; ss by #2605, eff 1-26-84; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5626, eff 5-25-93; ss and moved by #6057-B, eff 6-30-95 (see Env-A 622); ss by #6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.02 Applicability {#sec-env-a-610.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.02}

The general state permit program shall apply to:

(a) A stationary source, area source, or device that requires a temporary permit in accordance with Env-A 607 or a state permit to operate in accordance with Env-A 608, except where a permit is required under the rules governing regulated toxic air pollutants specified in Env-A 1400;

(b) A stationary source, area source, or device whose facility-wide actual emissions are less than the major source threshold levels; and

(c) A stationary source, area source, or device for which a source category has been developed in accordance with this part.

History

#1375, eff 7-1-79; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2605, eff 1-26-84; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5626, eff 5-25-93; ss and moved by #6057-B, eff 6-30-95 (see Env-A 622); amd by #6342-B, eff 9-28-96; ss by #6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.03 Definition {#sec-env-a-610.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.03}

For the purpose of this part, the following definition shall apply:

(a) “Emergency generator” means “emergency generator” as defined in Env-A 103.

History

#8129, eff 7-28-04; amd by #9119-B, eff 4-3-08; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.04 Source Categories for General State Permits {#sec-env-a-610.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.04}

(a) Source categories shall be established by the department using the criteria in Env-A 610.05(b)(3).

(b) The following shall be source categories for general state permits:

(1) An internal combustion engine used as an emergency generator or other engines used for mechanical power in emergencies, such as fire pump engines, that operates no more than 500 hours per year during any consecutive 12-month period;

(2) A paper, fabric, film or foil substrate coating source subject to Env-A 1207 with theoretical potential VOC emissions less than 25 tpy;

(3) A miscellaneous metal and plastic parts and products coating source subject to Env-A 1212 with theoretical potential VOC emissions less than 50 tpy;

(4) A rotogravure and flexographic printing source subject to Env-A 1215 with theoretical potential VOC emissions less than 50 tpy;

(5) A flexible-packaging printing source subject to Env-A 1215 with theoretical potential VOC emissions less than 25 tpy;

(6) An offset lithographic or letterpress printing source subject to Env-A 1216 with theoretical potential VOC emissions less than 25 tpy; and

(7) A miscellaneous industrial adhesives source subject to Env-A 1220 with theoretical potential VOC emissions less than 50 tpy.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.05 Petitions to Establish Source Categories for General State Permits {#sec-env-a-610.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.05}

(a) Any person may petition the department pursuant to RSA 541-A:4 to establish a new source category for a general state permit.

(b) The petition under (a), above, shall contain the following:

(1) A statement that the petition is for the establishment of a source category for a general state permit;

(2) The title and description of the source category being proposed; and

(3) Information that shows that the proposed source category meets the following criteria:

a. The stationary source, area source, or devices that would be covered by the proposed source category meet the specific applicability requirements for a state permit to operate in accordance with the provisions of Env-A 608;

b. More than one stationary source, area source, or device would be covered by the proposed source category; and

c. The stationary sources, area sources, or devices that would be covered by the proposed source category are all subject to the same regulatory requirements.

(c) Within 10 days of the receipt by the department of the petition filed by the petitioner, the department shall notify the petitioner that the information is complete, or identify the information necessary to complete the petition and request that such information be filed within 30 days of such request.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.06 Decision to Grant or Deny the Petition {#sec-env-a-610.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.06}

(a) The department shall grant the petition if the proposed source category meets the criteria specified in Env-A 610.05(b)(3).

(b) The department shall deny the petition if:

(1) The petitioner fails to respond to the department's request in Env-A 610.05(c); or

(2) The proposed source category does not meet the criteria specified in Env-A 610.05(b)(3).

(c) If the department denies the petition, the department shall notify the petitioner and shall specifically identify the reason(s) for the denial.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.07 Procedures for Establishing a General State Permit {#sec-env-a-610.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.07}

If the department grants the petition, the department shall proceed in accordance with Env-A 620 to establish a general state permit for the approved source category.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.08 Procedures for Registering to Operate Under a General State Permit {#sec-env-a-610.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.08}

(a) Once a general state permit has been developed for a particular source category, the owner or operator of a stationary source, area source, or device seeking to operate under the general state permit shall file a registration package as described in (b), below, with the department.

(b) The registration package shall contain the following:

(1) A completed Form ARD-1, as specified in Env-A 1703, “Form ARD-1, General Facility Information,” signed by the registrant and, if applicable, a completed Form GSP-2 (dated March 16, 2015) signed by the registrant, available in Appendix D or as noted in Appendix A;

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and

(3) Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.09 Department Review of Registration Package {#sec-env-a-610.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.09}

(a) The department shall review each registration package for a general state permit to ensure complete and accurate information is filed in accordance with Env-A 610.08.

(b) If the department finds the registration package to be complete and accurate, within 15 days of receipt by the department of the registration package filed by the source, the department, pursuant to RSA 125-C:11 and RSA 125-C:13, shall issue either:

(1) A letter of approval to the source with a copy of the general permit(s) attached; or

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval.

(c) If the department finds the registration package to be incomplete, inaccurate, or unclear, within 15 days of receipt by the department of the registration package filed by the source, the department shall issue either:

(1) A letter requesting supplementary facts or corrected information in accordance with (d), below; or

(2) A letter requesting clarification of the information submitted in accordance with (e), below.

(d) An owner or operator who has filed a registration package in accordance with Env-A 610.08 and who fails to file any required information or who has filed incorrect information for a general state permit shall, upon becoming aware of or being notified by the department of such failure or incorrect submittal, file with the department such supplementary facts or corrected information in writing no later than 30 days after the discovery or notification.

(e) If the department requests clarification from the owner or operator of the information filed in accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of receipt of the request.

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department’s receipt of the registration package filed by the source, the department, in accordance with RSA 125-C:11 and RSA 125-C:13, shall issue either:

(1) A letter of approval to the source with a copy of the general permit(s) attached; or

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #8129, eff 7-28-04; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.10 General State Permit Conditions {#sec-env-a-610.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.10}

A general state permit shall contain conditions as specified in Env-A 604.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.11 Fees, Testing, Monitoring, Recordkeeping and Reporting Requirements {#sec-env-a-610.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.11}

A source or device operating under a general state permit subject to this part, shall comply with the following, where applicable:

(a) The fee requirements established in Env-A 700;

(b) The testing and monitoring requirements specified in Env-A 800; and

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.12 List of Sources Covered by General State Permits {#sec-env-a-610.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.12}

(a) The department shall maintain and update a list of sources covered by each general state permit established by the department.

(b) The list shall include the following information:

(1) The name of the source;

(2) The location of the source;

(3) The issuance date of the letter of approval for the general state permit; and

(4) The number of devices covered by the general state permit(s) for each source category located at the source.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.13 Expiration Date and General State Permit Reestablishment Procedures {#sec-env-a-610.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.13}

(a) Each general state permit shall be:

(1) Established for a period of 5 years; and

(2) Reestablished in accordance with the procedures for the reestablishment of a general state permit specified in Env-A 620.

(b) The department shall notify each owner or operator of the outcome of the reestablishment process in writing.

(c) If the general state permit is not reestablished, the owner or operator of a source operating under an existing general state permit shall file an application with the department for a state permit to operate pursuant to Env-A 608 within 90 days of being notified by the department that the general state permit was not reestablished.

(d) If the general state permit is reestablished, the owner or operator of a source operating under an existing general state permit shall file a request with the department for re-registration in accordance with Env-A 610.08, within 90 days after the department has reestablished the general state permit.

(e) If a general state permit expires prior to the department reestablishing the general state permit, the department shall:

(1) Extend the expiration date of the general state permit for a period of not more than one year;

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the extension of the expiration date of the general state permit; and

(3) Notify each owner or operator operating under the general state permit regarding the extension of the general state permit.

History

#6782-B, eff 6-30-98; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.14 Sources Choosing to Comply with the State Permits to Operate Program {#sec-env-a-610.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.14}

At any time, an owner or operator of a stationary source, area source, or device operating under a general state permit may choose to comply instead with a state permit to operate by:

(a) Filing an application in accordance with Env-A 608 or Env-A 612.03; and

(b) Filing a written request with the department stating that the facility chooses to be covered under the state permit to operate program.

History

#6782-B, eff 6-30-98 (formerly Env-A 610.01); ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.15 General Permits Under Title V {#sec-env-a-610.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.15}

(a) An owner, operator, or applicant may apply for coverage under a general permit in lieu of a source-specific title V operating permit upon the adoption of rules establishing criteria and procedures by which sources may qualify for a general permit.

(b) A general permit shall expire 5 years from the date of permit issuance, but may be renewed for additional 5-year periods.

(d) A general permit shall be issued only after the following conditions are satisfied:

(1) The EPA is provided the opportunity to object to the issuance of a general permit in accordance with the provisions of Env-A 609.13(b);

(2) Each affected state is provided the opportunity to comment on the issuance of a general permit, as provided for in Env-A 622.03; and

(3) The department has complied with all of the procedures and requirements that apply to initial permit issuance for a title V operating permit.

(e) A general permit shall be amended, revoked, or reopened and reissued by the department in accordance with the provisions of this part.

(f) General permits shall not be issued for affected units.

(g) Pursuant to 40 CFR 70.6(d)(2), the department’s granting of a request for authorization to operate under a general permit shall not be a final action for purpose of judicial review.

History

#6782-B, eff 6-30-98 (formerly Env-A 610.02); ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 610.16 Application Procedures For General Permits Under Title V {#sec-env-a-610.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 610.16}

(a) The owner or operator of a source qualifying for a general permit shall file an application with the department for a general permit.

(b) The application shall include:

(1) Complete application forms as described in Env-A 1703 through Env-A 1708, as applicable, and provided by the department;

(2) All information specified in Env-A 1709, if applicable;

(3) All additional information necessary to determine qualification for, and to ensure compliance with, the general permit;

(4) Certification of right, title, and interest and, if applicable, proof of good standing, as specified in Env-A 605.02;

(5) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 606.02, the information required pursuant to Env-A 606.03.

History

#7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 611 General Acid Rain Permitting Requirements

N.H. Code Admin. R. Ann. Env-A 611.01 Purpose {#sec-env-a-611.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.01}

The purpose of this part is to specify the permitting requirements for those stationary sources subject to title IV and title V of the Act.

History

#1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.02 Standard Acid Rain Permitting Requirements {#sec-env-a-611.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.02}

Each owner or operator of an affected unit shall comply with the applicable requirements of Env-A 406 and this part regarding:

(a) Permitting and monitoring of sulfur dioxide (SO2), NOx where applicable, and excess emissions; and

(b) Recordkeeping and reporting requirements, liability, and the effect on other authorities.

History

#120, eff 8-31-73; ss by #721.16 eff 12-7-75; amd by #1375, eff 7-1-79; ss by #1615, eff 7-31-80; amd by #1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.03 Title V Operating Permit Interface {#sec-env-a-611.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.03}

(a) Under the authority provided by RSA 125-D:3, the provisions of 40 CFR 72 and 40 CFR 76 shall apply for purposes of implementing an acid rain program that meets the requirements of title IV of the Act.

(b) Unless otherwise specified, an acid rain affected source shall comply with the requirements of this part, except where the requirements of 40 CFR 72 and 40 CFR 76 conflict with or are not included in the title V operating permit rules found in this part, in which case the 40 CFR 72 and 40 CFR 76 requirements shall apply and take precedence.

(c) An acid rain affected unit shall comply with 40 CFR 72 and 40 CFR 76 for permit issuance, amendment, revision, reopening, and renewal, including any such requirements for application, public participation, review by affected states, and review by EPA. Where 40 CFR 72 or 40 CFR 76 does not apply and unless otherwise specified, an acid rain affected unit shall comply with the requirements of this part for

permit issuance, revision, reopening, and renewal, including any such requirements for application, public participation, and review by affected states and EPA.

History

#5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #6648, INTERIM, eff 12-5-97, EXPIRES: 4-4-98; ss by #6723, eff 3-28-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.04 Enforceability of Acid Rain Permit Application {#sec-env-a-611.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.04}

(a) A complete acid rain permit application required pursuant to 40 CFR 72 and 40 CFR 76 shall be binding on:

(1) The owner, operator, and designated representative of an acid rain affected source;

(2) All acid rain affected units at an acid rain affected source; and

(3) Any other unit governed by the acid rain permit application.

(b) A complete acid rain permit application required pursuant to 40 CFR 72 and 40 CFR 76 shall be enforceable as the acid rain permit required pursuant to 40 CFR 72 and 40 CFR 76 and the acid rain portion of the title V operating permit required pursuant to this chapter until the date of issuance, denial, or renewal of said permits.

History

#6057-B, eff 6-30-95; ss by #6648, INTERIM, eff 12-5-97, EXPIRES: 4-4-98; ss by #6723, eff 3-28-98; ss by #7879, eff 4-26-03; ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.05 Acid Rain Compliance Plan {#sec-env-a-611.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.05}

The acid rain compliance plan shall include documentation that the acid rain affected source will meet the applicable acid rain emissions limitations and acid rain emissions reduction requirements pursuant to sections 405, 406, and 407 of the Act.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.06); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.06 EPA Review {#sec-env-a-611.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.06}

The department shall submit to EPA a copy of the proposed acid rain portion of the title V operating permit and all other relevant portions of the proposed title V operating permit that might affect the proposed acid rain portion of the title V operating permit.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.07); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.07 Acid Rain Permit Conditions {#sec-env-a-611.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.07}

(a) Allowances lawfully held or acquired by an affected unit under the acid rain provisions of the Act, including the applicable sections of 40 CFR 72 and 40 CFR 76, shall be governed by the following:

(1) Emissions from the affected units shall not exceed any allowances held by the affected unit;

(2) There shall be no limit placed on the number of allowances held by the affected unit;

(3) Allowances shall not be used by an affected unit or acid rain source to avoid compliance with any other applicable requirement of either state or federal rules or provision of the Act; and

(4) Any such allowances shall be accounted for according to the procedures established in the applicable provisions of 40 CFR 72, 40 CFR 73, and 40 CFR 76.

(b) Combined SO2 emissions from affected units located at Class A and Class B major sources in New Hampshire shall not exceed the limits specified in Env-A 405.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.08); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.08 Acid Rain Permit Issuance {#sec-env-a-611.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.08}

The department shall review applications for acid rain permits and, provided all applicable criteria have been met, issue the acid rain permit required pursuant to 40 CFR 72 and 40 CFR 76.

History

#6057-B, eff 6-30-95; ss by #6648, INTERIM, eff 12-5-97, EXPIRES: 4-4-98; ss by #6723, eff 3-28-98; ss by #7879, eff 4-26-03 (formerly Env-A 611.09); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.09 Effect of Permit Shield {#sec-env-a-611.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.09}

No applicable requirement of the acid rain permit program shall be altered or affected by the permit shield provisions of Env-A 609.09, or any provision in a title V operating permit. However, each affected unit operated in accordance with its title V operating permit which was issued in compliance with section 408 of the Act and the provisions of this part shall be deemed to be operating in compliance with the acid rain permit program, except as provided in 40 CFR §72.9(g)(6).

History

#6057-B, eff 6-30-95; ss by #6648, INTERIM, eff 12-5-97, EXPIRES: 4-4-98; ss by #6723, eff 3-28-98; ss by #7879, eff 4-26-03 (formerly Env-A 611.10); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.10 Acid Rain Permit Revisions and Limitations {#sec-env-a-611.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.10}

(a) Where the provisions of this part are inconsistent with other parts of this chapter, the provisions of this part shall take precedence with regard to an amendment to the acid rain portion of any title V operating permit.

(b) No amendment, reopening, or modification to the acid rain portion of a title V operating permit shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit amendment under any other applicable requirement.

(c) Pursuant to the applicable provisions of 40 CFR §72 Subpart H, no amendment to the acid rain portion of a title V operating permit shall:

(1) Affect the expiration date of the acid rain portion of a title V operating permit being amended;

(2) Excuse any violation of an acid rain requirement that occurred prior to the effective date of the permit amendment while the applicable requirement was in effect; or

(3) Modify or void any of the requirements contained in this part.

(d) The existing terms of the title V operating permit shall apply while any amendment to the acid rain portion of the permit is pending.

History

#6057-B, eff 6-30-95; ss by #6648, INTERIM, eff 12-5-97, EXPIRES: 4-4-98; ss by #6723, eff 3-28-98; ss by #7879, eff 4-26-03 (formerly Env-A 611.11); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.11 Permit Amendment Procedures {#sec-env-a-611.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.11}

Permit amendment procedures for affected sources shall be as specified in Env-A 612.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.12); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.12 Permit Reopening Procedures {#sec-env-a-611.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.12}

Permit reopening procedures for NOx shall be as specified in Env-A 609.19.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.13); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 611.13 Acid Rain Appeals Procedures {#sec-env-a-611.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 611.13}

(a) An appeal of the acid rain portion of a title V operating permit that does not challenge or involve decisions or actions of the EPA under the acid rain provisions of the Act or 40 CFR §72 and 40 CFR §76 shall be filed pursuant to Ec-Air 203.

(b) An appeal of the acid rain portion of a title V operating permit that challenges or involves decisions or actions of the EPA shall follow the procedures of 40 CFR §78 and section 307 of the Act.

(1) Allowance allocations;

(2) Determinations concerning alternative monitoring systems; and

(3) Determinations of whether a technology is a qualifying repowering technology.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.14); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 612 Permit Amendments, Modifications, and Revisions

N.H. Code Admin. R. Ann. Env-A 612.01 Administrative Permit Amendments {#sec-env-a-612.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.01}

(a) The owner or operator may implement the changes addressed in the request for an administrative amendment immediately upon filing the request with the department.

(b) The department shall take final action on a request for an administrative amendment within 60 days of receipt by the department of a request filed pursuant to (a), above, and shall, in the case of title V operating permits, submit a copy of the revised permit to EPA.

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be required, provided that the department designates any such permit revisions as having been made pursuant to this section.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.02 Operational Flexibility for Title V Operating Permits: Emissions Trading, Off-Permit Changes, and Section 502(b)(10) Changes {#sec-env-a-612.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.02}

(a) For the purposes of this section, the term “section 502(b)(10) changes” means “section 502(b)(10) changes” as defined in 40 CFR §70.2, namely “changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.”

(b) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes as authorized under (c), (d), or (e) of this section at the permitted stationary source or area source without filing an application for and obtaining an amended title V operating permit, provided that all of the following general conditions, and the specific conditions in (c), (d), or (e) below, as applicable, are met:

(1) The change is not a modification under any provision of title I of the Act;

(2) The change does not cause emissions to exceed the emissions allowable under the title V operating permit, whether expressed therein as a rate of emissions or in terms of total emissions;

(3) The owner or operator has obtained any temporary permit required by Env-A 600;

(4) The owner or operator has provided written notification to the department and administrator of the proposed change and such written notification includes:

a. The date on which each proposed change will occur, or has occurred, as specified under (c), (d), or (e) of this section;

b. A description of each such change;

c. Any change in emissions that will result;

d. A request that the operational flexibility procedures be used; and

e. The signature of the responsible official, consistent with Env-A 605.04(d); and

(5) The owner or operator has attached the notice required pursuant to (b)(4) above to its copy of the current title V operating permit.

(c) Changes involving the trading of emissions under an existing title V operating permit may be made without filing an application for and obtaining an amended title V operating permit, provided that all of the following specific conditions are met:

(1) The title V operating permit issued to the stationary source or area source already contains terms and conditions, including all terms and conditions which determine compliance required under 40 CFR §70.6(a) and (c), and which allow for the trading of emissions increases and decreases at the permitted stationary source or area source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements;

(2) The owner or operator has included in the application for the title V operating permit proposed replicable procedures and proposed permit terms which ensure that the emissions trades are quantifiable and federally enforceable for changes at the permitted facility which qualify under a federally-enforceable emissions cap that is established in the title V operating permit independent of the otherwise applicable requirements;

(3) The department has not included in the emissions trading provision any devices for which emissions are not quantifiable or for which there are no replicable procedures to enforce emissions trades; and

(4) The written notification required in (b)(4) above:

a. Is made at least 7 days prior to the proposed change; and

b. Includes a statement as to how any change in emissions will comply with the terms and conditions of the permit.

(d) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes not addressed or prohibited by the existing title V operating permit at a permitted stationary source or area source without filing an application for and obtaining an amended title V operating permit, provided that all of the following specific conditions are met:

(1) Each off-permit change meets all applicable requirements and does not violate any existing permit term or condition;

(2) The owner or operator provides contemporaneous written notification to the department and the administrator of each off-permit change, except for changes that qualify as insignificant under the provisions of Env-A 609.04;

(3) The change is not subject to any requirements under title IV of the Act and the change is not a title I modification;

(4) The owner or operator keeps a record describing the changes made at the source which result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes; and

(5) The written notification to the department and administrator required in (b)(4) above includes:

a. A list of the pollutants emitted; and

b. Any applicable requirement that would apply as a result of the change.

(e) The owner or operator of a stationary source or area source subject to and operating under an existing title V operating permit may make changes pursuant to section 502(b)(10) of the Act without filing an application for and obtaining an amended title V operating permit, provided that the written notification required in (b)(4) above:

(1) Is made at least 7 days prior to the proposed change; and

(2) Includes any permit term or condition that is no longer applicable as a result of the change.

(f) The changes authorized in (d) and (e) above shall not qualify for the permit shield under Env-A 609.09.

(g) The department and the administrator shall attach each notice required pursuant to (b)(4), above, to their copy of the relevant title V operating permit.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7483, eff 4-26-01; ss by #7879, eff 4-26-03; ss by #9706, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate {#sec-env-a-612.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.03}

(a) The owner or operator of a source or device shall file with the department a request for a minor permit amendment for any proposed change to an existing permit condition which:

(1) Does not qualify as either an administrative permit amendment, as defined in Env-A 102, or a significant permit amendment, as specified in Env-A 612.04; or

(2) Incorporates the requirements of a temporary permit, general state permit, or RACT order into an existing state permit to operate.

(b) The request for a minor permit amendment shall:

(1) Be in the form of a letter to the department;

(2) Describe the proposed change; and

(3) Describe any new requirements that will apply if the change occurs.

(c) The department shall take final action on a request for a minor permit amendment within 90 days of receipt of a request filed pursuant to (a) and (b), above.

(d) The owner or operator may implement the proposed change immediately upon filing a request for minor permit amendment with the department, but shall be subject to enforcement if the department later determines that the change violated any applicable state or federal requirement.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03; ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate {#sec-env-a-612.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.04}

(a) The owner or operator shall file an application with the department for a significant permit amendment of a temporary permit or state permit to operate, as applicable, for the following:

(1) Any proposed change to an existing process or device that results in the following:

a. Any increase in allowable hourly or annual emissions of nitrogen oxides, sulfur dioxide, VOCs, HAPs, or PM10; or

b. Any increase in potential emissions equal to or greater than 5 pounds per hour of carbon monoxide;

(2) Any proposed change to operating or emission limitations in the temporary permit or state permit to operate;

(3) Any proposed change in the type of pollution control equipment specified in the existing permit; or

(4) Any proposed change that results in an increase in previously-allowed loading of existing pollution control equipment by greater than 50%.

(b) A request for a significant permit amendment shall include the following:

(1) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable and provided by the department, containing all pertinent information with regard to the amendment including, if applicable, the information specified in Env-A 1709;

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable;

(3) A description of:

a. The proposed change;

b. The emissions resulting from the change; and

c. Any new requirements that will apply if the change occurs;

(4) If an air pollution dispersion modeling impact analysis is required pursuant to Env-A 606.02, documentation required pursuant to Env-A 606.04;

(5) For a source with air pollution control equipment, as defined in Env-A 102, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and

(6) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02.

(c) The department shall take final action on a request for a significant permit amendment within 90 days of receipt by the department of a request filed pursuant to (a) and (b), above, provided that the public notice and hearing procedures specified in Env-A 621 have been satisfied.

(d) The owner or operator shall not implement the proposed change unless and until the department issues the amended permit.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03 (formerly Env-A 612.03); ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.05 Minor Modifications: Title V Operating Permits {#sec-env-a-612.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.05}

(a) Prior to implementing a minor title V operating permit modification, the owner or operator shall file a written request to the department for a minor permit modification for those changes that qualify as minor permit modifications under this section.

(b) For a source or device that has been issued a temporary permit, an application for a minor permit modification shall be considered timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit.

(c) An application for a minor modification to a title V operating permit shall be deemed complete within 60 days after its filing, unless the department requests additional information or otherwise notifies the applicant of incompleteness.

(d) The request for a minor permit modification shall include the following:

(1) An application form, provided by the department as described in Env-A 1703 through Env-A 1708, as applicable, containing all information pertinent to the modification, including, if applicable, the information specified in Env-A 1709;

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and

(3) A description of:

a. The change;

b. The emissions resulting from the change; and

c. Any new requirements that will apply if the change occurs;

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 606.02, the information required pursuant to Env-A 606.04;

(5) The owner or operator's proposed draft permit conditions;

(6) Certification by a responsible official, consistent with the provisions of Env-A 605.04(d), that the proposed change meets the criteria for the use of the minor permit modification procedures; and

(7) A request that minor permit modification procedures be used.

(e) Within 5 working days of the receipt by the department of a request filed pursuant to (a)-(c), above, for a minor permit modification to a title V operating permit, the department shall notify EPA and any affected state(s) of the request.

(f) The department shall not make a final decision on a requested permit modification to a title V operating permit until after EPA’s 45-day review period or until EPA has notified the department that EPA will not object to the permit modification, whichever comes first.

(g) By the later of 90 days from receiving an application filed pursuant to (a) - (c), above, or 15 days after the end of EPA's 45-day review period, the department shall:

(1) Issue the requested permit modification if it meets the requirements of this section;

(2) Deny the requested permit modification if it does not meet the requirements of the section;

(3) Determine that the requested modification does not qualify as a minor permit modification and review the request under the significant permit modification procedures in Env-A 612.06; or

(4) Revise the draft permit to the extent that it does not meet the requirements of this section and send to EPA and to the applicant the new proposed permit modification.

(h) The owner or operator may implement the proposed change immediately upon filing a request for minor permit modification with the department.

(i) Pending final action on the permit modification by the department, the owner or operator shall comply with both the applicable requirements governing the change and the proposed permit conditions.

(j) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; amd by #6342-B, eff 9-28-96; ss by #7879, eff 4-26-03 (formerly Env-A 612.04); ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.06 Significant Permit Modifications: Title V Operating Permits {#sec-env-a-612.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.06}

(a) A change at a source subject to title V shall qualify as a significant permit modification if the change:

(1) Is a title I modification;

(2) Does not qualify as an administrative amendment or minor permit modification;

(3) Is a removal or a relaxation of existing monitoring terms or conditions, or a substitution in those terms or conditions promulgated pursuant to:

a. NSPS;

b. NESHAP; or

c. Env-A 808;

(4) Is a removal or relaxation of recordkeeping or reporting terms or conditions, or a substitution in a recordkeeping or reporting requirement promulgated pursuant to:

a. NSPS;

b. NESHAP;

c. Env-A 800;

d. Env-A 900; or

e. Env-A 1211 as in effect prior to October 21, 2010 or successor rule in Env-A 1300; or

(5) Seeks to establish or change permit terms or conditions, for which there is no corresponding underlying applicable requirement, that the source has assumed to avoid an applicable requirement to which it would otherwise be subject.

(b) The terms and conditions referred to in (a)(5), above shall include:

(1) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I; and

(2) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act.

(c) Prior to implementing a significant permit modification, the owner or operator shall file a written request with the department for a significant permit modification which includes the following:

(2) A description of:

a. The change;

b. The emissions resulting from the change; and

c. Any new applicable requirements that will apply if the change occurs;

(3) The owner or operator’s suggested draft permit conditions;

(4) Certification by a responsible official, consistent with the provisions of Env-A 605.04(d), that the proposed change meets the criteria for the use of the significant permit modification procedures;

(5) A request that significant permit modification procedures be used;

(6) Air pollution dispersion modeling impact analysis documentation in accordance with Env-A 606.04, as applicable; and

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable.

(d) Upon filing a request for significant modification with the department, the applicant shall forward a copy of the request, including those items listed in (c)(1) through (c)(4), above, to EPA.

(e) An application for a significant modification to a title V operating permit shall be deemed complete by the department within 60 days of its filing, unless the department requests additional information or otherwise notifies the applicant of incompleteness.

(f) The department shall take final action on a request for significant permit modification no later than 9 months after the filing of a complete application provided that:

(1) The procedures for public participation specified in Env-A 622 have been satisfied;

(2) The requirements for notifying and responding to affected states specified in Env-A 622.03 have been satisfied;

(3) The conditions of the permit provide for compliance with all applicable requirements of title V of the Act and all applicable requirements of Env-A 100 et seq.; and

(4) The EPA has received a copy of the proposed permit and any notices required and has not objected to issuance of the significant permit modification within the time period specified in Env-A 609.13(b).

(g) The owner or operator shall obtain an amended title V operating permit incorporating the significant permit modification prior to implementing such modification, except as provided in Env-A 609.07(a)(3).

History

#7879, eff 4-26-03 (formerly Env-A 612.05); amd by #8129, eff 7-28-04; amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 612.07 Department Proposal to Amend a Permit {#sec-env-a-612.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 612.07}

(a) The department shall propose to amend an existing non-title V permit if any of the following circumstances exist:

(1) A requirement, adopted after the date of issuance of the permit, becomes applicable to the source and can only be enforced if incorporated into the permit;

(2) The permit contains a material inaccurate statement or other material error;

(3) A material fact or statement relied upon by the department when issuing the permit was not representative of actual conditions; or

(4) A permit condition needs to be revised, added or deleted to ensure compliance with any applicable regulation.

(b) The department shall provide written notice to the owner or operator of the intent to amend the permit at least 30 days prior to the date that the permit is to be amended.

(1) The specific permit which the department proposes to amend;

(2) A brief description of the nature of the proposed amendment;

(3) The name and telephone number of the department staff person who may be contacted for further information; and

(4) A statement that the owner or operator shall, within 30 days, respond to the notice of proposed amendment by:

a. Consenting to the proposed amendment;

b. Filing an objection to the proposed amendment; or

c. Requesting a meeting with the department regarding the proposed amendment.

(d) If the owner or operator consents to the proposed amendment or fails to file a timely objection or request for a meeting, the department shall follow the procedures for an administrative permit amendment, minor permit amendment, or significant permit amendment, as specified in Env-A 621 and as appropriate for the proposed amendment.

(e) If, after a meeting held pursuant to (c)(4)c., above, the owner or operator consents to the amendment as originally proposed or as modified at such meeting, the department shall follow the procedures for an administrative permit amendment, minor permit amendment, or significant permit amendment, as specified in Env-A 621 and as appropriate for the proposed amendment.

(f) If the owner or operator files an objection or, after a meeting held pursuant to (c)(4)c., above, objects to the proposed amendment, the department shall either:

(1) Not amend the permit and notify the owner or operator if the source might be in violation of the permit or applicable regulation; or

(2) If the department believes the amendment is necessary to ensure compliance, commence an adjudicative proceeding in accordance with the provisions of RSA 541-A and Env-C 200 that apply to such proceedings.

(g) Only those provisions of a permit for which cause to amend exists shall be affected by proceedings under this section.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 613 Criteria for Denial, Suspension and Revocation of Temporary Permits and State Permits to Operate

N.H. Code Admin. R. Ann. Env-A 613.01 Procedures {#sec-env-a-613.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 613.01}

The procedures concerning denial, suspension, and revocation of temporary permits and state permits to operate shall be as specified in Env-A 623.

History

#1710, eff 1-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss and moved by #6057-B, eff 6-30-95 (from Env-A 607.02); ss by #7879, eff 4-26-03 (formerly Env-A 615.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 613.02 Denial of Permit Issuance {#sec-env-a-613.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 613.02}

The department shall deny the issuance of a temporary permit or state permit to operate if, on the basis of available evidence, a determination is made that:

(a) The use of the device for which the temporary permit or state permit to operate is sought shall result in a violation of any provision of Env-A 100 et seq.;

(b) The use of the device shall contribute disproportionately to pollution of the air in comparison with other similar devices able to perform the same function; or

(c) The device is located in an area where air quality levels have attained the NAAQS and air pollution dispersion modeling impact analysis indicates that the device will cause significant deterioration of the existing air quality as defined in 40 CFR §51.165(b)(2), or 40 CFR §51.166(b)(23)(iii), in some or all of the attainment area, as determined pursuant to 40 CFR §51, Appendix W.

History

#6057-B, eff 6-30-95 (from Env-A 607.01); ss by #7879, eff 4-26-03 (formerly Env-A 615.02); ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 613.03 Permit Suspension or Revocation of a Temporary Permit or State Permit to Operate {#sec-env-a-613.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 613.03}

As specified in RSA 125-C:13, the following shall constitute good cause for the department to suspend or revoke any permit issued pursuant to this chapter:

(a) That the permit holder has committed a violation of RSA 125-C or any rule, order or permit condition in force and applicable to it; or

(b) That emissions from the device to which the permit applies, alone or in conjunction with other sources of the same pollutants, present an immediate danger to the public health.

History

#6057-B, eff 6-30-95 (from Env-A 607.03); ss by #7879, eff 4-26-03 (formerly Env-A 615.03); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 613.04 False Statements {#sec-env-a-613.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 613.04}

The department shall revoke any permit if, following opportunity for a hearing in accordance with RSA 541-A:30, II, a finding is made that the permit was issued in whole or in part based upon any information proven to be materially false or misleading.

History

#6057-B, eff 6-30-95 (from Env-A 607.04); ss by #7879, eff 4-26-03 (formerly Env-A 615.04); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 614 Citizen Petitions to the Epa

N.H. Code Admin. R. Ann. Env-A 614.01 Citizen Petitions to EPA {#sec-env-a-614.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 614.01}

(a) If EPA does not object in writing pursuant to 40 CFR §70.8(c), any person, including the applicant, owner, or operator, may petition the administrator pursuant to 40 CFR §70.8(d) within 60 days after the administrator's 45-day review period to make such an objection.

(b) As required by 40 CFR §70, the petitioner shall provide a copy of the petition to the department and to the applicant.

(c) The petition shall identify all objections and be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Env-A 622.02, unless:

(1) The petitioner demonstrates in the petition to the EPA that it was impracticable to raise such objections within the public comment period; or

(2) The grounds for such objection arose after the close of the public comment period.

(d) If EPA objects to the title V operating permit as a result of a citizen petition:

(1) Prior to the issuance of the permit, the department shall not issue the title V operating permit until EPA's objection has been resolved; or

(2) After the issuance of a permit, the department shall, within 90 days from the receipt of the EPA's objection, resolve the objection and terminate, modify, or revoke and reissue the permit.

(e) A citizen petition shall not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.

(f) If the department fails to resolve the objection, EPA may modify, terminate, or revoke the title V operating permit as required by 40 CFR §70.7(g), and the department shall thereafter issue only a revised permit that satisfies EPA's objection.

(g) An application that has been deemed timely pursuant to Env-A 609.07 and complete pursuant to Env-A 609.11 shall remain timely and complete even though EPA objects to the resulting title V operating permit or any person files a citizen petition.

History

#1710, eff 1-19-81; ss by #1864, eff 11-16-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 618.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 615 Interstate Air Quality Impacts

N.H. Code Admin. R. Ann. Env-A 615.01 Special Emission Limitations {#sec-env-a-615.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 615.01}

The department shall apply special emission limits to a stationary source to ensure that its air quality impacts on adjacent states shall not interfere with the measures taken in those states to prevent significant deterioration of air quality and shall not prevent the attainment or maintenance of the NAAQS in those states. Significant deterioration shall be determined using the procedures found in 40 CFR 51, Appendix W.

History

#1375, eff 7-1-79; 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 and moved by #6057-B, eff 6-30-95 (from Env-A 614.01); ss by #7879, eff 4-26-03 (formerly Env-A 619.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 616 Determination of Actual Emissions

N.H. Code Admin. R. Ann. Env-A 616.01 Determination of Actual Emissions {#sec-env-a-616.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 616.01}

The owner or operator of a stationary source, area source, or device shall determine the actual annual emissions from the source or device as specified in Env-A 705.02.

History

#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 and moved by #6057-B, eff 6-30-95 (from Env-A 615.01); ss by #7879, eff 4-26-03 (formerly Env-A 620.01); ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 617 Research and Development Operations

N.H. Code Admin. R. Ann. Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate {#sec-env-a-617.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 617.01}

Notwithstanding the provisions of Env-A 603.01(a) or (b), a temporary permit or a state permit to operate shall not be required for any research and development operation provided that all of the following conditions are met:

(a) The owner of an existing stationary source, area source, or device files a written request with the department to treat the stationary source, area source, or device as a research and development operation, and receives a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (e), below;

(b) The owner of a new stationary source, area source, or device filed a written request with the department prior to the construction, installation, or operation of the stationary source, area source, or device to treat the stationary source, area source, or device as a research and development operation, and has received a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (e), below;

(c) The request to treat a stationary source, area source, or device as a research and development operation contains all of the following information:

(1) A brief narrative description of the research and development operation and the stationary source(s), area source(s), or device(s) involved;

(2) The date on which the research and development operation commenced or will commence operation;

(3) An estimate of the total number of days that the stationary source, area source, or device has been and will be used as a research and development operation;

(4) An estimate of the amount of emissions of each regulated pollutant and each toxic air pollutant to be emitted by the research and development operation in pounds per hour, pounds per day, and pounds per year; and

(5) The name and title of the person at the facility directly responsible for supervising each research and development operation;

(d) A written operating log is maintained at the stationary source, area source, or device; and

(e) The written operating log describes each research and development operation by providing the following information:

(1) A brief narrative description of the research and development operation and the stationary sources, area sources, or devices involved;

(2) The date on which the research and development operation commenced or will commence operation;

(3) The total number of days that an existing stationary source, area source, or device has been used as a research and development operation;

(4) When finished, the date on which the research and development operation ended;

(5) The amount of actual emissions of each regulated pollutant and each toxic air pollutant emitted by the research and development operation in pounds per hour, pounds per day, and pounds per year; and

(6) The name and title of the person at the facility directly responsible for supervising the research and development operation.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 621.01); amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #9791, eff 10-1-10; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 617.02 Exception to Obtaining a Title V Operating Permit {#sec-env-a-617.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 617.02}

Notwithstanding Env-A 603.01(a) or (b), a title V operating permit shall not be required for any research and development operation provided that all of the following conditions are met:

(a) The owner of an existing stationary source, area source, or device files a written request with the department to treat the stationary source, area source, or device as a research and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (q), below;

(b) The owner of a new stationary source, area source, or device files a written request with the department prior to the construction, installation, or operation of the stationary source, area source, or device to treat the stationary source, area source, or device as a research and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition of a research and development operation according to the requirements found in (c) through (q), below;

(c) The request to treat a stationary source, area source, or device as a research and development operation contains all of the following information:

(1) A brief narrative description of the research and development operation and the stationary source(s), area source(s), or device(s) involved;

(2) The date on which the research and development operation commenced or will commence;

(3) An estimate of the total number of days that the stationary source, area source, or device will be used as a research and development operation;

(4) An estimate of the amount of emissions of each regulated pollutant and each toxic air pollutant to be emitted by the research and development operation in pound per hour, pounds per day, and pounds per year; and

(5) The name and title of the person at the facility directly responsible for supervising each research and development operation;

(d) A written operating log is maintained at the stationary source, area source, or device;

(e) The written operating log describes each research and development operation by providing the following information:

(1) A brief narrative description of the research and development operation and the stationary source(s), area source(s), or device(s) involved;

(2) The date on which the research and development operation commenced;

(3) The total number of days that a stationary source, area source, or device was used as a research and development operation;

(4) The date on which the research and development operation ended;

(6) The name and title of the person at the facility directly responsible for supervising the research and development operation;

(f) In moderate, serious, or severe ozone nonattainment areas, the total VOC emissions from the research and development operation are less than or equal to 3 pounds per hour, 15 pounds per day, and 1,000 pounds per year;

(g) In any area of the state, the total emissions of all hazardous air pollutants from the research and development operation are less than or equal to 3 pounds per hour and the individual emissions of any hazardous air pollutant from the research and development operation is equal to or less than 15 pounds per day and equal to or less than 1,000 pounds per year;

(h) In any area of the state, the total emissions of all toxic air pollutants from the research and development operation are less than or equal to 3 pounds per hour, and the individual emission of any toxic air pollutant from the research and development operation is equal to or less than 15 pounds per day and equal to or less than 1,000 pounds per year;

(i) The research and development operation is not otherwise required to hold a title V operating permit by a NESHAP contained in 40 CFR 61;

(j) The research and development operation is not otherwise required to hold a title V operating permit by a MACT standard for source categories contained in 40 CFR 63;

(k) The research and development operation is not subject to the NSPS contained in 40 CFR 60;

(l) The research and development operation is not subject to the rules governing PSD contained in Env-A 619;

(m) The research and development operation is not subject to the rules governing nonattainment areas as contained in Env-A 618;

(n) The department has not made a determination in accordance with 40 CFR 51, Appendix W, that the emissions from the research and development operation have a significant impact on air quality and that a title V operating permit is required to ensure that ambient air quality standards are achieved and maintained;

(o) The research and development operation is not subject to any applicable requirement;

(p) The research and development operation is included as an insignificant activity in any application for a title V operating permit; and

(q) The emissions from any research and development operation are included in determining the applicability of a title V operating permit to any stationary source or area source.

History

#7879, eff 4-26-03 (formerly Env-A 621.02); amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 618 Nonattainment New Source Review

N.H. Code Admin. R. Ann. Env-A 618.01 Purpose {#sec-env-a-618.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.01}

The purpose of this part is to implement the nonattainment new source review (NSR) program as set forth in 171 through 193 of the Clean Air Act (Act) and the July 1, 2016 edition of 40 CFR §51.165.

History

#6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 622.02); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #12011, eff 10-22-16; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.02 Applicability {#sec-env-a-618.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.02}

(a) This part shall apply to each new major stationary source or major modification that is major for the following:

(1) The pollutant for which the area in which the source is or would be located is designated nonattainment under 40 CFR §81.330; or

(2) NOx or VOC if the source is or would be located in the Northeast Ozone Transport Region (OTR), as defined in Env-A 618.03(b)(3).

(b) Classification of a project relative to whether or not it is a major modification and therefore subject to this part pursuant to (a) above, shall be performed as described in 40 CFR §51.165(a)(2)(ii)(A) through (F) and by taking the sum of the emissions increase from each emissions unit affected by the project.

(c) In accordance with 40 CFR 51.165(a)(6), except as otherwise provided in 40 CFR 51.165(a)(6)(vi), the specific provisions of 40 CFR 51.165(a)(6)(i) through (v) shall apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a plant-wide applicability limit (PAL) as per Env-A 618.09) in circumstances where:

(1) There is a reasonable possibility, within the meaning of 40 CFR 51.165(a)(6)(vi), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant; and

(2) The owner or operator elects to use the method specified in paragraphs 40 CFR 51.165(a)(1)(xxviii)(B)(1) through (3) for calculating projected actual emissions.

(d) If a source or modification is determined to be a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction of hours of operation, then the provisions of this part shall apply to the source or modification as though construction had not yet commenced on the source or modification.

History

#7879, eff 4-26-03 (formerly Env-A 621.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.01); ss by #12011, eff 10-22-16; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.03 Definitions {#sec-env-a-618.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.03}

(a) For the purposes of this part, the definitions contained in 40 CFR §51.165(a)(1) and (f)(2), shall apply with the following clarifications and revisions:

(1) “Baseline actual emissions” means the definition as specified in 40 CFR §51.165(a)(1)(xxxv) with the following revisions:

a. The same consecutive 24-month period shall be used for all pollutants;

b. The 24-month period shall be selected from the 5-year period immediately preceding the date when the owner or operator begins actual construction of the project; and

c. The department shall allow the use of a time period up to 10 years immediately preceding the date when the owner or operator begins actual construction of the project or allow the use of a different consecutive 24-month period for different pollutants upon determining that the alternative time period is more representative of normal source operations, upon adequate demonstration by the applicant;

(2) “Reasonable period” as used in the definition of “net emissions increase” in 40 CFR §51.165(a)(1)(vi)(C)(1) means the period from 5 years prior to the date that a complete permit application for the subject project is received by the department to the expiration date of the air permit issued for the project; and

(b) For the purpose of this part, the following additional definitions shall apply:

(1) “Emissions offset” means a reduction in pollutant emissions achieved at an existing source meeting the criteria specified in 40 CFR §51.165(a)(3).

(2) “Emissions offset ratio” means the ratio of the total actual emissions reduction obtained to the total allowable emissions increase of the subject pollutant from a new source or source modification;

(3) “Northeast Ozone Transport Region” means, pursuant to Part D, Subpart 2, Section 184(a) of the Act, the geographical area comprising of the states of:

a. Connecticut;

b. Delaware;

c. Maine;

d. Maryland;

e. Massachusetts;

f. New Hampshire;

g. New Jersey;

h. New York;

i. Pennsylvania;

j. Rhode Island;

k. Vermont; and

l. The Consolidated Metropolitan Statistical Area that includes the District of Columbia;

(4) “Offset source” means a source, stationary or mobile, from which a new or modified source obtains or seeks to obtain an emission offset; and

(5) “Ozone season” means the continuous period between April 1 and October 31, inclusive.

History

#7879, eff 4-26-03 (formerly Env-A 622.04); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.02); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.04 Owner or Operator Obligations {#sec-env-a-618.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.04}

(a) Except as provided in (b) below, the owner or operator of any new major stationary source or major modification subject to this part shall:

(1) Comply with the lowest achievable emission rate (LAER);

(2) Obtain offsets for the increase in emissions for the project in accordance with Env-A 618.07; and

(3) Obtain a nonattainment NSR permit before beginning actual construction of the project.

(b) Approval of an application to comply with NSR, as specified in Env-A 618.06, or establish a PAL, as specified in Env-A 618.09, shall not relieve the owner or operator of responsibility to otherwise comply with these rules or local, state, or federal law.

(c) The owner or operator of an existing major source with a plantwide applicability limit (PAL) shall comply with the provisions of its PAL.

(d) The owner or operator of a source shall make the information specified in 40 CFR 51.165(a)(6) available for review upon a request for inspection by the department or the general public as specified in 40 CFR 70.4(b)(3)(viii).

History

#7879, eff 4-26-03 (formerly Env-A 622.05(a)-(c)); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #12011, eff 10-22-16; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.05 Implementation Plan Requirements {#sec-env-a-618.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.05}

In accordance with section 173(a)(4) of the Act, the department shall not issue a permit or permits to a stationary source to which the requirements of this part apply if the administrator has determined that the applicable implementation plan is not being adequately implemented for the nonattainment area in which the proposed source is to be constructed or modified.

History

#7879, eff 4-26-03 (formerly Env-A 622.05(c)(5)-(d)); amd by #9791, eff 10-1-10; amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.06); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.06 Permit Application Requirements {#sec-env-a-618.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.06}

(a) Nonattainment NSR and plantwide applicability limit (PAL) permit applications required under this part shall be filed in accordance with the procedures set forth in Env-A 607.03.

(b) An application for a nonattainment NSR permit shall contain the following items:

(1) A control technology evaluation to demonstrate that any new major stationary source or major modification will meet the LAER for all new or modified emission units;

(2) A documented plan to obtain creditable emission reduction offsets in accordance with Env-A 618.07;

(3) A demonstration showing that all major stationary sources in New Hampshire, which are owned or operated by such person or any entity controlling, controlled by, or under common control with such person, are subject to emission limitations and are in compliance, or are on a schedule for compliance which is federally enforceable or contained in a court decree, with all applicable emission limitations and standards under the Act; and

(4) A demonstration showing that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification by providing an analysis of alternative sites, sizes, production processes, and environmental control techniques in accordance with section 173(a)(5) of the Act.

(c) An application for a permit to establish a PAL shall contain the information required pursuant to 40 CFR §51.165(f)(3).

History

#7879, eff 4-26-03 (formerly Env-A 622.06); amd by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.03); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.07 Emissions Offset Requirements {#sec-env-a-618.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.07}

(a) The baseline for an emission offset shall be the actual emissions of the source from which the offset credit is to be obtained.

(b) Offset credit shall not include:

(1) Any reductions from compliance, or scheduled compliance, with applicable rules in effect prior to the permit application of the new or modified source;

(2) Reductions required to meet RACT or acid deposition provisions of the Act, as stipulated in the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13553, III.G.2.e; or

(3) Reductions required to meet any other provisions of Env-A 100 et seq. and the Act.

(c) Emissions offsets shall achieve, at a minimum, a ratio of total actual emissions reductions to emissions increases of at least 1:1, except as listed in Table 618-1, below, subject to the notes in (d), below:

Table 618-1

NSR Offset Ratio Requirements for 8-hour Ozone Nonattainment Designations

Nonattainment Classification

NOx Offset Ratio Requirement

VOC Offset Ratio Requirement

Transitional/Submarginal

1:1

Marginal

1.1:1

Moderate

1.15:1

Ozone Transport Region

1.15:1

Serious

1.2:1

Severe

1.3:1

Extreme

1.5:1

(d) The following shall apply to table 618-1:

(1) In accordance with 40 CFR Part 51 Appendix S, Paragraph IV.G, in any severe nonattainment area for ozone, the NOx and VOC offset ratios shall be at least 1.3:1, except that the ratios may be at least 1.2:1 if the department also requires all existing major sources in such nonattainment area to use best available control technology (BACT) for the control of NOx and VOC; and

(2) In accordance with 40 CFR Part 51 Appendix S, Paragraph IV.G, in any extreme nonattainment area for ozone, the NOx and VOC offset ratios shall be at least 1.5:1, except that the ratios may be at least 1.2:1 if the department also requires all existing major sources in such nonattainment area to use BACT for the control of NOx and VOC.

(e) Emissions offsets shall be obtained from offset sources that are located:

(1) Within the OTR for NOx and VOC; and

(2) For all other pollutants, within the same nonattainment area or within another area of equal or higher nonattainment classification, subject to the provisions of (f), below.

(f) The owner or operator of a source seeking to obtain emissions offsets from offset sources located in the areas specified in (e)(2), above, shall demonstrate that the emissions from the nonattainment area in which the offset source is located contribute to a violation of the national ambient air quality standard in the nonattainment area in which the new or modified source is seeking to locate.

(g) Offsets obtained outside New Hampshire shall be subject to the approval of the state or governing jurisdiction in which the offset source is located, as ensured by a federally enforceable permit, or other federally enforceable document.

History

#7879, eff 4-26-03 (formerly Env-A 622.07); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (Env-A 618.04); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.08 Procedure for Acquiring and Implementing Emissions Offsets {#sec-env-a-618.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.08}

Emissions offsets for a new major stationary source or major modification shall be acquired and implemented in accordance with the following procedure:

(a) The owner or operator shall submit documentation to the department identifying the following:

(1) Offset pollutant(s);

(2) Actual annual emissions estimates of each pollutant identified in (1), above, during normal operation of the new or modified source prior to the modification;

(3) Potential annual emissions estimates of each pollutant identified in (1) above, of the new or modified source after the modification;

(4) Offset source(s) and location(s);

(5) Actual and allowable annual emissions estimates of each pollutant identified in (1), above, for the offset source(s) identified in (3), above, prior to the effective date of the offset(s);

(6) Potential annual emissions estimates of each pollutant identified in (1), above, for the offset source(s) identified in (3), above, during normal operation of the new or modified source, that would occur after the effective date of the offset(s); and

(7) For NOx and VOC, the ozone season emissions in addition to the annual estimates required in (2), (4), and (5) above;

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall file with the department documentation verifying that the offset source(s) has obtained a federally enforceable permit, or other federally enforceable document, for the emissions reduction control measures pertaining to the offset(s) for which the new or modified source is seeking approval;

(1) Ensured by a federally enforceable permit or other federally enforceable document; and

(2) In effect no later than the date on which the new or modified source commences operations;

(d) Stationary sources may use ERCs, in accordance with Env-A 3006.04, to satisfy any requirement under the Act or RSA 125-C for offsets; and

(e) All DERs used to meet offset requirements under this part shall comply with the requirements of Section 173 of the Act, 40 CFR §51.165(a), and Env-A 3108.02.

History

#7879, eff 4-26-03 (formerly Env-A 622.08); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (Env-A 618.05); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.09 Establishing a PAL {#sec-env-a-618.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.09}

A PAL shall be established, re-opened, renewed, increased, monitored, recorded, and reported in accordance with 40 CFR §51.165(f)(1), (4), and (6)-(14), except that offsets shall be created and used in accordance with Env-A 618.07 and Env-A 618.08, and the public participation requirements shall be replaced by Env-A 618.10(b) and (c).

History

#7879, eff 4-26-03 (formerly Env-A 622.09); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 618.10 Department Review and Public Notice {#sec-env-a-618.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 618.10}

(a) A permit application to comply with NSR or establish a PAL filed with the department pursuant to this part shall be reviewed in accordance with the criteria set forth in Env-A 607.04.

(b) A permit application to comply with NSR or establish a PAL pursuant to this part shall be subject to the public notice procedures specified in Env-A 621.04.

(c) The department shall address all material comments received during the public comment period before taking final action on a PAL permit application.

History

#10175, eff 9-1-12 (from Env-A 618.07); ss by #13510, eff 12-17-22

Part Env-A 619 Prevention of Significant Deterioration

N.H. Code Admin. R. Ann. Env-A 619.01 Purpose {#sec-env-a-619.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.01}

The purpose of this part is to implement the prevention of significant deterioration (PSD) program, as set forth in Sections160 through 169B of the Act and 40 CFR §52.21.

History

#6057-B, eff 6-30-95 (from Env-A 616.01); ss by #7879, eff 4-26-03 (formerly Env-A 623.01); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.02 Applicability {#sec-env-a-619.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.02}

(a) This part shall apply to each new major stationary source or major modification for a source located in an area designated as attainment or unclassifiable under §107(d)(1)(B) of the Act for which the regulated NSR pollutant is subject to regulation.

(b) This part shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under §107 of the Act.

History

#7879, eff 4-26-03 (formerly Env-A 623.02); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.03 PSD Program Requirements {#sec-env-a-619.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.03}

(a) In furtherance of RSA 125-C:11 and except as provided in (b) and (d), below, the provisions of 40 CFR §52.21(a)(2), (b) through (e), (h) through (k)(1), (l) through (p), (r), (v), (w), (aa), and (bb), and 40 CFR 51.165(b), July 1, 2016 edition, shall apply for the purpose of implementing a PSD permit program that meets the requirements of Title I of the Act.

(b) For the purposes of this part, the word “department” shall replace the word “administrator” in the paragraphs of 40 CFR §52.21 referenced in (a), above, except in the following paragraphs:

(1) Paragraph (b)(17);

(2) Paragraph (b)(37)(i);

(3) Paragraph (b)(43);

(4) Paragraph (b)(48)(ii)(c);

(5) Paragraph (b)(50)(i);

(6) Paragraph (b)(51);

(7) Paragraph (l)(2); and

(8) Paragraph (v).

(c) For the purpose of this part, the definitions contained in 40 CFR §52.21(b), shall apply with the following revisions:

(1) For the purposes of calculating baseline actual emissions pursuant to 40 CFR §52.21(b)(48):

a. The same consecutive 24-month period shall be used for all pollutants;

b. The 24-month period shall be selected from the 5-year period immediately preceding the date the owner or operator begins actual construction of the project; and

c. The department shall allow the use of a different time period up to 10 years immediately preceding the date the owner or operator begins actual construction of the project or allow use of a different consecutive 24-month period for different pollutants upon demonstration by the applicant that it is more representative of normal source operations.

(d) For the purposes of this part, the reference to Appendix W in 40 CFR 52.21(l) shall refer to the July 1, 2019 edition.

History

#7879, eff 4-26-03 (formerly Env-A 623.03); ss by #9840, eff 12-21-10; ss by #10175, eff 9-1-12; ss by #12011, eff 10-22-16; ss by #13191, eff 4-21-21; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.04 Owner or Operator Obligations {#sec-env-a-619.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.04}

(a) Except as provided in (b), below, the owner or operator of any new major stationary source or major modification subject to this part shall comply with BACT.

(b) The owner or operator of an existing major source with a PAL shall comply with the provisions of its PAL.

History

#7879, eff 4-26-03 (formerly Env-A 623.04); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.05 Permit Application Requirements {#sec-env-a-619.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.05}

(a) PSD and PAL permit applications required under this part shall be filed in accordance with the procedures set forth in Env-A 607.03;

(b) An application to comply with PSD shall contain additional information as follows:

(1) A control technology evaluation, in accordance with 40 CFR §52.21(j), to demonstrate that any new major stationary source or major modification will meet the BACT for all new or modified emissions units;

(2) A source impact analysis, in accordance with 40 CFR §52.21(k)(1);

(3) An air quality analysis in accordance with 40 CFR §52.21(m);

(4) Source information required in accordance with 40 CFR §52.21(n);

(5) Additional impact analyses required pursuant to 40 CFR §52.21(o); and

(6) For sources impacting federal class I areas, a class I area impact analysis required in accordance with 40 CFR §52.21(p);

(c) An application for a permit to establish a PAL, shall contain the information required pursuant to 40 CFR §52.21(aa)(3); and

(d) The department shall provide written notice of an application for a PSD permit to the federal land manager(s) in accordance with 40 CFR §52.21(p).

History

#7879, eff 4-26-03 (formerly Env-A 623.05); ss by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.06 Designation of Class I and Class II Areas {#sec-env-a-619.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.06}

(a) Pursuant to 40 CFR §52.21(e)(1) and Section 162 of the Act, the following areas shall be designated as Class I areas in New Hampshire:

(1) The Great Gulf Wilderness, of approximately 6,000 acres, as specified in P.L. 88-577; and

(2) The Presidential Range - Dry River Wilderness, of approximately 20,000 acres, as specified in P.L. 93-622.

(b) Pursuant to 40 CFR §52.21(g)(1) and Section 162 of the Act, all other areas in New Hampshire not listed in (a) above, shall be considered Class II areas.

History

#7879, eff 4-26-03 (formerly Env-A 623.06); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 619.04); ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.07 Department Review and Public Notice {#sec-env-a-619.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.07}

(a) A permit application to comply with PSD or to establish a PAL filed with the department pursuant to this part shall be reviewed in accordance with the criteria set forth in Env-A 607.04 and 40 CFR §52.21(j)-(p).

(b) In the event of a deficiency in a permit application to comply with PSD or to establish a PAL for which the department notifies the applicant in writing pursuant to Env-A 607.06(a), the date of filing of the application for purposes of (c), below, shall be the date on which the department receives all required information.

(c) Within one year after the filing of a complete permit application to comply with PSD or to establish a PAL, the department shall make a final determination of whether construction should be approved, approved with conditions, or denied.

(d) A permit application filed in accordance with this part shall be subject to the public notice procedures specified in Env-A 621.03.

History

#10175, eff 9-1-12 (from Env-A 619.05); ss by #12011, eff 10-22-16; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 619.08 Increment Consumption {#sec-env-a-619.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 619.08}

(a) The department shall periodically perform a review of increases in pollutant concentrations over the baseline concentration, as that term is defined in 40 CFR §52.21(b)(13), to determine whether the ambient air increments, as established in 40 CFR §52.21(c), have been violated in any PSD area within the state.

(b) Within 60 days of the discovery of a violation of an ambient air increment, as established in 40 CFR 52.21(c), the department shall submit to the administrator a plan for insuring that the violation shall be mitigated as soon as possible.

History

#10175, eff 9-1-12 (from Env-A 619.06); ss by #13510, eff 12-17-22

Part Env-A 620 Procedures for Establishing and Reestablishing General State Permits

N.H. Code Admin. R. Ann. Env-A 620.01 Applicability {#sec-env-a-620.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.01}

The public notice and comment, EPA review, public hearing and appeal procedures specified in this part shall apply to the establishment and reestablishment of general state permits.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.01); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.02 Public Notice and Comment During the Establishment of a General State Permit {#sec-env-a-620.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.02}

The department shall provide public notice and a public comment period for each proposed general state permit in accordance with the following provisions:

(a) Within 10 days after the completion of a proposed general state permit, the department shall publish a public notice of intent to establish the general state permit;

(b) The public notice shall be published in a newspaper of general daily statewide circulation;

(1) A statement of the department’s intent to establish the general state permit and a brief description of the general state permit;

(2) A statement specifying that any person who wishes to request a public hearing regarding the proposed general state permit, shall do so within 30 days of publication of the public notice;

(3) An explanation of how to request such hearing; and

(4) The deadline by which and the address to which written comments or requests for a public hearing shall be sent, the date to be no sooner than 30 days after publication of the notice; and

(d) The department shall make a copy of the proposed general state permit available to the public for inspection upon request.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.02); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.03 EPA Review During the Establishment of a General State Permit {#sec-env-a-620.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.03}

The department shall provide the following information to EPA for its review pertaining to the proposed general state permit established for each source category:

(a) A copy of the public notice and the proposed general state permit, within 10 days of completion of the proposal by the department;

(b) All written correspondence received by the department relative to the petition for the establishment of the source category pursuant to Env-A 610.05, upon request; and

(1) A copy of the final permit if established, and the findings that support the decision to establish; or

(2) A copy of the findings that support the decision to deny.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.03); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.04 Public Hearing During the Establishment of a General State Permit {#sec-env-a-620.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.04}

(a) The department shall provide an opportunity for a public hearing prior to establishing a general state permit for a source category in accordance with the following provisions:

(1) Any person who raises a material issue of fact may request that a public hearing be held by the department regarding the establishment of the general state permit described in the public notice; and

(2) Any such request shall indicate the name and address of the person(s) filing such a request, the reason(s) that a public hearing is requested, and the material issue(s) which the person(s) would like to have addressed at the hearing.

(b) The department shall grant the request for a public hearing upon finding that the person making the request is entitled under (a)(1), above, to request a hearing.

(1) Schedule a public hearing, which shall be conducted in accordance with the non-adjudicatory public hearing procedures specified in Env-C 200, as supplemented by Env-A 200;

(2) Notify the requesting party via first class mail of the hearing date, location, and time; and

(3) Notify the general public of the public hearing by publishing the date, time, and location of the public hearing in a newspaper of general daily statewide circulation, at least 30 days prior to the public hearing.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.04); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.05 Decisions {#sec-env-a-620.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.05}

(a) Within 15 days after the close of the comment period specified pursuant to Env-A 620.02, in accordance with the provisions of Env-A 610.05(b)(3) and 610.06(b)(2), the department shall:

(1) Establish the general state permit, and set forth in writing the findings that support the decision to establish the permit;

(2) Deny the establishment of the general state permit and set forth in writing the findings that support the decision to deny the permit; or

(3) Schedule a public hearing in accordance with the provisions of Env-A 620.04.

(b) Subject to (d), below, within 15 days of the close of the record of the public hearing, the department shall issue a decision pursuant to either (a)(1) or (a)(2), above.

(c) The department shall consider all written comments received during the public comment period provided pursuant to Env-A 620.02.

(d) In the event the department determines that additional information is necessary to make an informed decision, the department shall request such information and issue a decision in accordance with (a)(1) or (a)(2), above, within 15 days of receiving such information.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.05); amd by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.06 Public Notice and Comment During the Reestablishment of a General State Permit {#sec-env-a-620.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.06}

The department shall provide public notice and a public comment period for the reestablishment of a general state permit for a particular source category in accordance with the following provisions:

(a) Within 7 months prior to the end of the 5-year general state permit period, the department shall publish a public notice of intent to reestablish the general state permit;

(b) The public notice shall be published in a newspaper of general daily statewide circulation; and

(1) A statement of the department’s intent to reestablish the general state permit and a brief description of the general state permit;

(2) The location(s) where, and hours during which, the draft general state permit and a list of the sources currently covered by the general state permit, including source location, may be examined;

(3) A statement specifying that any person who wishes to request a public hearing regarding the reestablishment of the general state permit, shall do so within 30 days of publication of the public notice;

(4) An explanation of how to request such a hearing; and

(5) The deadline by which and the address to which written comments or requests for a public hearing shall be sent, the date to be no sooner than 30 days after publication of the notice.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.06); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.07 EPA Review During the Reestablishment of a General State Permit {#sec-env-a-620.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.07}

The department shall provide the following information pertaining to the proposed reestablishment of the general state permit for each source category, to EPA for review:

(a) A copy of the public notice and the proposed general state permit, within 10 days of completion of the proposal by the department; and

(b) Within 10 days of the department’s decision to reestablish or deny reestablishment of the general state permit provide either:

(1) A copy of the final permit if reestablished, and the findings that support the decision to reestablish; or

(2) A copy of the findings that support the decision to deny.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.07); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.08 Public Hearing During the Reestablishment of a General State Permit {#sec-env-a-620.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.08}

The department shall provide an opportunity for a public hearing on the reestablishment of the general state permit for each source category in accordance with Env-A 620.04.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.08); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 620.09 Appeals {#sec-env-a-620.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 620.09}

An appeal may be taken in accordance with RSA 125-C:12, III.

History

#1710, 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; rpld by #6057-B, eff 6-30-95; ss by #6782-B, eff 6-30-98; ss and moved by #8129, eff 7-28-04 (formerly Env-A 204.09); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 621 Permit Notice and Hearing Procedures: Temporary Permits and Permits to Operate

N.H. Code Admin. R. Ann. Env-A 621.01 Applicability {#sec-env-a-621.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.01}

The public notice and hearing procedures specified in this part shall apply to all applications for the issuance of, amendment to, or denial of temporary permits and permits to operate.

History

#1710, 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 #5989, eff 2-22-95; EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.01); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.02 Public Notice {#sec-env-a-621.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.02}

(a) This section shall apply to all permit applications except those subject to the requirements of:

(1) Env-A 609, relating to title V permits;

(2) Env-A 610, relating to general permits;

(3) Env-A 611, relating to acid rain permits;

(4) Env-A 612, relating to:

a. Amendments, modifications, and revisions of title V permits; and

b. Minor permit amendments of temporary permits and state permits to operate;

(5) Env-A 618, relating to temporary permits subject to nonattainment requirements; and

(6) Env-A 619, relating to PSD permits.

(b) Within 10 days after the completion of a draft temporary permit, draft permit to operate, or draft decision to deny the application with supporting findings of fact, the department shall prepare a public notice of the receipt of the permit application and the intent to issue, amend, or deny such permit.

(c) Public notice of the intent to issue, amend, or deny a temporary permit or permit to operate shall contain the following information:

(1) The name and address of the applicant;

(2) The location of the source;

(3) A brief description of the stationary source, area source or device sought to be permitted;

(4) The location(s) where, and the hours during which, the completed application and other pertinent information may be examined; and

(5) The date by which, and the address where, written comments or requests for a public hearing shall be filed.

(d) The deadline for written comments or public hearing requests shall not be sooner than 30 days after the publication of the notice.

(e) The public notice shall be published by either the department or the applicant, at the applicant’s option, once in a newspaper of general daily circulation and once in a newspaper of general circulation in the area in which the source is located.

(f) The applicant shall provide to the department:

(1) Proof of each publication of the notice if the applicant publishes it; or

(2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant requests the department to publish the notice.

History

#1710, 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 #5989, eff 2-22-95; amd by #7541, eff 7-27-01; paragraphs (b)-(e) EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.02); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.03 Applications Subject to PSD Requirements {#sec-env-a-621.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.03}

For permit applications subject to the requirements of Env-A 619, the public notice procedures of Env-A 621.04, with the following changes, shall supersede the provisions specified in Env-A 621.02:

(a) In place of the requirements of Env-A 621.04(c)(6), the public notice shall indicate the degree of increment consumption that is expected from the source or modification; and

(b) In Env-A 621.04(c)(7), substitute “BACT” for “LAER”.

History

#2204, eff 12-9-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95 (formerly Env-A 205.10); ss by #7541, eff 7-27-01
#8129, eff 7-28-04 (formerly Env-A 205.03); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.04 Applications Subject to Nonattainment Requirements {#sec-env-a-621.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.04}

For permit applications subject to the requirements of Env-A 618, the following public notice procedures shall supersede the provisions specified in Env-A 621.02:

(a) Within 10 days after the completion of a draft temporary permit, or draft decision and findings of fact, the department shall issue a public notice of the receipt of the permit application and the preliminary determination to issue, amend, or deny such permit.

(b) The public notice shall be published once in a newspaper of general daily statewide circulation and once in a newspaper circulated at least once per week in the immediate area of the proposed source.

(c) Public notice of the preliminary determination to issue, amend, or deny a temporary permit shall contain the following information:

(1) The name and address of the applicant;

(2) The location of the source;

(3) A brief description of the stationary source, area source or device sought to be permitted;

(4) For new sources or devices, the emissions resulting from the installation;

(5) For modified sources or devices, the significant net emissions increase resulting from the modification, if any;

(6) For new or modified sources or devices, the quantity and geographical location(s), in terms of street address, if applicable, or longitude and latitude, of the offset source(s) and devices from which the offsets will be obtained;

(7) The determination of LAER, including the type of equipment, such as a carbon adsorption system, and, if applicable, the prescribed emission limit;

(8) The location(s) where, and the hours during which, the completed application and other pertinent information may be examined; and

(9) The date by which, and the address where, written comments or requests for a public hearing shall be filed.

(d) The deadline for written comments or public hearing requests shall not be sooner than 30 days after the publication of the notice.

(e) The department shall distribute copies of the public notice to the following parties:

(1) The applicant;

(2) The EPA;

(3) Any state or Indian governing body whose lands may be affected by emissions from the source or modification;

(4) The current official(s) of the city or town where the source is or would be located;

(5) The regional planning agency, if applicable, where the source is or would be located; and

(6) The Federal Land Manager.

(f) The department shall make available for public inspection, at a location in the immediate area of the proposed source, copies of the following materials:

(1) All information, to the extent required or permitted by RSA 91-A and RSA 125-C:6, VII, submitted by the applicant;

(2) The department’s analysis of the effect of the proposed facility on air quality; and

(3) The preliminary determination to issue, amend, or deny the permit and all other materials, if any, considered in making such determination.

History

#5989, eff 2-22-95; amd by #7541, eff 7-27-01; subparagraphs (c)(1)-(9) and paragraphs (d)-(f) EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.04); ss by #10175, eff 9-1-12; ss by #12011, eff 10-22-16; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.05 Notification to EPA {#sec-env-a-621.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.05}

The department shall submit to EPA:

(a) Copies of the public notice and the draft temporary permit, draft permit to operate, or draft decision and findings of fact within 10 days of completion of the draft; and

(b) Copies of the final temporary permit, final permit to operate, or final decision and findings of fact within 10 days of issuance.

History

#5989, eff 2-22-95; EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.05); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.06 Requests for Public Hearing {#sec-env-a-621.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.06}

(a) The department shall provide an opportunity for a public hearing on all applications for new or amended temporary permits or permits to operate.

(b) Any person or group of persons who raises an issue of fact relevant to a term or condition in a draft permit may request that a public hearing be held by the department regarding the issuance of, amendment to, or denial of a temporary permit or permit to operate.

(1) Indicate the basis on which the person(s) filing the request meets the requirements of (b), above;

(2) Be in writing; and

(3) Be delivered to the department office by 4:00 p.m. on or before the date stated in the public notice required under Env-A 621.02.

(d) The department shall grant the request for a public hearing on a permit application upon finding that the person or group making the request:

(1) Is entitled under (b), above, to request a hearing; and

(2) Has met the requirements of (c), above.

(e) Upon granting a request for a public hearing, the department shall:

(1) Schedule a public hearing to be conducted in accordance with the procedures specified in Env-A 203; and

(2) Notify the applicant and the requesting party in writing of the hearing date, location, and time.

(f) The notice specified in (e)(2), above, shall be published by either the department or the applicant, at the applicant’s option, at least 30 days prior to the public hearing in a newspaper of general daily circulation and in a newspaper of general circulation in the area in which the source is or is proposed to be located.

(g) The applicant shall provide to the department:

(1) Proof of each publication of the notice if the applicant publishes it; or

(2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.

History

#1710, 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 #5989, eff 2-22-95 (formerly Env-A 205.03); EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.06); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.07 Public Access to Information {#sec-env-a-621.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.07}

(a) If the applicant is not a municipality, the applicant shall file 2 copies of the permit application with the department.

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with the department and shall make another copy available to the public for review.

(c) If the applicant is not a municipality, the department shall deliver one copy of the permit application to the municipality in which the source is or will be located.

(d) To the extent permitted by RSA 125-C:6, VII, and Env-C 208, the department shall make the following information available to the public for inspection:

(1) All applications and other forms or information submitted by the applicant in support of a permit application;

(2) All correspondence with regard to an application and any attachments thereto;

(3) Written comments received during the comment period provided in Env-A 621.02(d)(5); and

(4) All temporary permits or permits to operate or other determinations of the department.

(e) The department shall provide copies of the information listed above upon request.

History

#1710, 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 #5989, eff 2-22-95 (formerly Env-A 205.04); EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.07); amd by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.08 Opportunity for Response {#sec-env-a-621.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.08}

The department shall provide a copy of all written comments and requests for a public hearing to the applicant upon request. Within 10 working days of the close of the comment period specified in Env-A 621.02(d)(5), Env-A 621.03, or Env-A 621.04(c)(9), the applicant may file with the department a written response to any of the written comments received during the comment period.

History

#1710, 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 #5989, eff 2-22-95 (formerly Env-A 205.05); EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.08); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.09 Decisions {#sec-env-a-621.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.09}

(a) Within 30 working days after the close of the comment period specified in Env-A 621.02(d)(5), Env-A 621.03, or Env-A 621.04(c)(9), in accordance with the requirements of RSA 125-C:11, the department shall:

(1) Approve the application, issue the permit(s) subject to conditions, and set forth in writing the findings with an explanation of the basis of such approval;

(2) Deny the application and set forth in writing the findings with an explanation of the basis of such disapproval; or

(3) Schedule a hearing to be conducted in accordance with the provisions of Env-A 203, and notify the applicant and the person(s) who requested such hearing.

(b) Within 30 working days after the close of the comment period following a public hearing, the department shall issue a decision pursuant to either (a)(1) or (a)(2), above.

(c) In making the decision, the department shall consider the application, all written comments received during the public comment period specified in the public notice issued pursuant to Env-A 621.02(d)(5), Env-A 621.03, or Env-A 621.04(c)(9), as well as the applicant's written response thereto, and any testimony presented at the public hearing, if one was held.

History

#1710, 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 #5989, eff 2-22-95 (formerly Env-A 205.06); EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.09); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 621.10 Appeals {#sec-env-a-621.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 621.10}

The procedures and deadlines for appeals shall be as stated in RSA 125-C, RSA 21-O:14, and the rules of the air resources council, Ec-Air 203.

History

#1710, 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 #5989, eff 2-22-95 (formerly Env-A 205.07); EXPIRED: 2-22-03
#8129, eff 7-28-04 (formerly Env-A 205.10); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 622 Permit Notice and Hearing Procedures: Title V Operating Permits

N.H. Code Admin. R. Ann. Env-A 622.01 Applicability {#sec-env-a-622.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.01}

The public notice and hearing procedures specified in this part shall apply to:

(a) All applications for the issuance, significant modification to, or renewal of title V operating permits filed with the department; and

(b) All requests for title V permit reopenings.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.01); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.02 Public Notice {#sec-env-a-622.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.02}

(a) Within 10 days after the completion of a draft title V operating permit, the department shall prepare a public notice of the receipt of application and the intent to issue such permit.

(b) The public notice shall contain the following information:

(1) The name and address of the applicant;

(2) The location of the site or the proposed site;

(3) A brief description of the source and the activity or activities involved in the permit action;

(4) For permit modifications, the change in emissions resulting from such modification;

(5) The name, address, and phone number of the person to be contacted for further information;

(6) The location(s) where, and the hours during which, the completed application and other pertinent information may be examined and obtained;

(7) A statement that any person may request a public hearing and an explanation of how to request such hearing;

(8) The date, no sooner than 30 days after the publication of the notice, by which and the address where written comments and requests for a public hearing shall be filed;

(9) The number of allowances authorized pursuant to 40 CFR §73.10(b) for any acid rain affected source;

(10) The name and address of the permitting authority; and

(11) The identity of the title V source.

(c) The public notice shall be published by either the department or the applicant, at the applicant’s option, once in a newspaper of general daily statewide circulation and once in a newspaper of general circulation in the area in which the source is located.

(d) The applicant shall provide to the department:

(1) Proof of each publication of the notice if the applicant publishes it; or

(2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.

(e) The public notice shall be given to persons on a mailing list developed by the department which shall include all persons who request in writing to be on such list.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.02); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.03 Notice to Affected States {#sec-env-a-622.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.03}

(a) The department shall provide a copy of the notice of a draft title V operating permit, including the deadline by which comments shall be received, to all affected states at or before the time notice is provided to the public.

(b) The department shall provide a copy of the draft title V operating permit to an affected state upon request.

(c) The department shall send written notification to any affected state and EPA of its refusal to incorporate any or all recommendations submitted by an affected state into the proposed permit together with the reason(s) for not accepting such recommendations.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.03); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.04 EPA Review {#sec-env-a-622.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.04}

(a) The department shall provide the following to EPA:

(1) A copy of the permit application or, upon agreement with EPA, a summary thereof, unless the applicant has filed a copy of the permit application with EPA pursuant to Env-A 609.06(d);

(2) A written statement regarding the legal and factual basis for all permit conditions contained in any draft title V operating permit, including references to the applicable statutory or regulatory provisions:

(3) After the end of the public comment period specified in Env-A 622.02, a copy of the proposed title V operating permit; and

(4) A copy of the final title V operating permit, if issued.

(b) Pursuant to 40 CFR §70.8(c), the EPA shall have 45 days from the date of receipt of a proposed title V operating permit to object, in writing, to the issuance of the proposed permit if EPA determines the proposed permit is not in compliance with applicable requirements of the title V operating permit program or

the rules promulgated thereunder.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.04); amd by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.05 Requests for Public Hearing {#sec-env-a-622.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.05}

(a) Any person or group of persons may make a request during the public comment period to the department that a public hearing be held by the department regarding the issuance of a title V operating permit.

(b) Any such request shall:

(1) Indicate the interest of the person(s) filing such a request;

(2) Indicate the reason(s) that a public hearing is warranted;

(3) Indicate the material issues which the person(s) would like to have addressed at such hearing;

(4) Be in writing; and

(5) Be delivered to the department office by 4:00 p.m. on or before the date stated in the public notice required under Env-A 622.02.

(c) The department shall grant the request for a public hearing on a title V operating permit unless it is determined that:

(1) The issue(s) raised in the request for a public hearing is immaterial or irrelevant; or

(2) The person or group making the request did not comply with (b), above.

(d) The department shall provide written notice of the grant or denial of a request for hearing to the person(s) making the request and to the applicant of the title V operating permit. If the request is denied, the department shall also provide the reason(s) for the denial.

(e) Upon granting a request for a public hearing, the department shall:

(1) Schedule a public hearing to be conducted in accordance with the procedures specified in Env-A 203; and

(2) Notify the applicant and the requesting party of the hearing date, location, and time.

(g) The applicant shall provide to the department:

(1) Proof of each publication of the notice if the applicant publishes it; or

(2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.05); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.06 Public Access to Information {#sec-env-a-622.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.06}

(a) When applying to the department for a permit or permit modification, the applicant shall file 2 copies of the permit application with the department, except as noted in (b), below.

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with the department and shall make another copy available to the public for review.

(c) If the applicant is not a municipality, the department shall deliver one copy of the permit application to the municipality in which the source is or will be located.

(d) To the extent permitted by RSA 125-C:6, VII, and Env-C 208, the department shall make available for public inspection and provide copies upon request of the following:

(1) All applications and other forms of information submitted in support of a permit application, including the compliance plan and the compliance certification and monitoring reports, if applicable;

(2) All correspondence with regard to an application and any attachments thereto;

(3) Written comments received during the comment period held pursuant to Env-A 622.02;

(4) The draft title V operating permit; and

(5) A written statement regarding the legal and factual basis for all permit conditions contained in any draft title V operating permit, including references to the applicable statutory or regulatory provisions.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.06); amd by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.07 Opportunity for Response {#sec-env-a-622.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.07}

The department shall make available to the applicant all written comments and requests for a public hearing upon request. Within 10 working days after the close of the public comment period specified in Env-A 622.02, the applicant may file with the department a written response to any of the written comments received during the comment period.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.07); ss by #10175, eff -9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.08 Decisions {#sec-env-a-622.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.08}

(a) Within 30 working days after the close of the comment period specified in Env-A 622.02, the department shall either:

(1) Approve the application providing that no objection has been filed by EPA, issue the proposed permit, and set forth in writing the findings that support the decision to issue the permit;

(2) Deny the application and set forth in writing the findings that support the decision to deny the application; or

(3) Schedule a public hearing to be conducted in accordance with the provisions of Env-A 203.

(b) Subject to (d), below, within 30 working days after the close of the comment period following a public hearing, the department shall issue a decision pursuant to either (a)(1) or (a)(2), above.

(c) The department shall consider all written comments received during the public comment period provided pursuant to Env-A 622.02, as well as the applicant's written response thereto, and any testimony presented at the public hearing, if one was held.

(d) In the event the department determines that additional information is necessary to make an informed decision, the department shall request such information and shall issue a decision in accordance with (a)(1) or (a)(2), above, within 30 working days after receiving such information.

(e) The department shall issue the final permit:

(1) After receiving notice from EPA that EPA will not object to the proposed permit; or

(2) If EPA does not file a written objection within 45 days of its receipt of a proposed permit.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.08) ss by #10175, eff 9-1-12; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 622.09 Appeals {#sec-env-a-622.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 622.09}

(a) The procedures and deadlines for appeals shall be as stated in RSA 125-C, RSA 21-O:14, and the rules of the air resources council, Ec-Air 203.

(b) In the event that a petition for appeal is filed and an appeal hearing is conducted by the council, upon a decision by the council the department shall take such action as is necessary to reflect the council’s decision. Any action taken by the department shall occur after expiration of the 45-day review period by EPA under Env-A 622.04(b) and 40 CFR §70.8(c).

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 206.09); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 623 Permit Revocation and Suspension

N.H. Code Admin. R. Ann. Env-A 623.01 Applicability {#sec-env-a-623.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 623.01}

The provisions of this part shall not apply to any revocation of a title V operating permit which is a result of a permit reopening pursuant to Env-A 609.19.

History

#1710, 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 #6057-B, eff 6-30-95; EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 209.01); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 623.02 Suspension, Revocation or Modification of Permits {#sec-env-a-623.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 623.02}

(a) The department shall make an initial decision to suspend, revoke, or modify a stationary source's permit whenever information is received that supports a conclusion that the owner or operator is not in compliance with the terms of the permit.

(b) Upon making such an initial decision, the department shall notify the owner or operator in writing of the intention to suspend, revoke, or modify said permit and an explanation of the basis for the department's decision.

(c) Pursuant to RSA 541-A:30 and RSA 125-C:13, the department shall schedule a hearing on the notice of proposed permit suspension, revocation, or modification.

(d) Such hearing shall be conducted in accordance with the provisions of Env-A 203.

(e) Within 15 days of the close of any hearing conducted pursuant to (d), above, the department shall issue a decision to the owner or operator to suspend, revoke, or modify a permit. The decision shall be in writing and shall state the basis for the decision.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (from Env-A 209.01); EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 209.02); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 623.03 Appeals {#sec-env-a-623.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 623.03}

The procedures and deadlines for appeals shall be as stated in RSA 125-C, RSA 21-O:14, and the rules of the air resources council, Ec-Air 203.

History

#1710, 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 and moved by #6057-B, eff 6-30-95 (from Env-A 209.02); EXPIRED: 6-30-03
#8129, eff 7-28-04 (formerly Env-A 209.03); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 624 Permits for the Combustion of Non-Exempt Fuel

N.H. Code Admin. R. Ann. Env-A 624.01 Applicability {#sec-env-a-624.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.01}

(a) Except as provided in (b) or (c), below, this part applies to the owner or operator of a source that is required to obtain a title V operating permit and which will combust a non-exempt fuel.

(b) As specified in RSA 125-C:10-b, VII, the following sources shall not be subject to this part:

(1) A municipal waste combustor subject to RSA 125-M;

(2) A chemical recovery combustion source at a pulp and paper mill subject to 40 CFR 63, Subpart MM;

(3) A device at an affected source that combusts material of which at least 90 percent by weight is exempt fuel;

(4) An affected source that is within a listed source category and subject to a performance standard or emission guidelines established by the United States Environmental Protection Agency (U.S. EPA) pursuant to either section 111 or section 112 or section 129 of the Clean Air Act, provided that these standards and guidelines are at least as stringent as those achieved by applying BACT as specified under Env-A 624.06; or

(5) A device at an affected source that, as of June 29, 2005, is allowed by permit to combust non-exempt fuel unless there is a significant modification of such device after that date.

(c) As provided in RSA 125-C:10-b, VII(f), a source shall be exempt from this part if its potential uncontrolled emissions are less than the following:

(1) For particulate matter containing lead, 16 pounds of lead per year;

(2) For mercury, 1.2 pounds per year; and

(3) For dioxin, 0.0013 grams per year.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.02 Definitions {#sec-env-a-624.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.02}

For purposes of this part, the following definitions shall apply:

(a) “Best available control technology (BACT)” means “best available control technology” as defined in RSA 125-C:10-b, I(a), as reprinted in Appendix C;

(b) “Dioxin” means “dioxin” as defined in RSA 125-C:2, VI-a, as reprinted in Appendix C. The term includes the net summed mass of each of 17 CDDs and CDFs after applying the EPA approved toxic equivalency factors (TEFs) to each of the 17 CDDs and CDFs;

(d) “Non-exempt fuel” means any combustible material other than exempt fuel; and

(e) “Particulate matter” means “particulate matter” as defined in RSA 125-C:2, IX-f, as reprinted in Appendix C.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.03 Permit Application Required {#sec-env-a-624.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.03}

(a) As specified in RSA 125-C:10-b, II, the construction, installation, operation, or significant modification of any source subject to this part shall be prohibited unless a permit is first obtained from the department.

(b) Prior to initiating construction, installation, or operation, the owner or operator of a source that is subject to RSA 125-C:10-b shall obtain a temporary permit from the department that establishes emission limitations for such source based on BACT for controlling the emissions of mercury, dioxin, or particulate matter, including lead, from such source in accordance with Env-A 624.06.

(c) The owner or operator of a source subject to (b), above, shall file a timely application for and obtain a title V operating permit or amendment thereof in accordance with Env-A 609 or Env-A 612, as applicable, for the continued operation of that source.

History

#8654, eff 6-8-06; amd by #9791, eff 10-1-10; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.04 Permit Application Requirements {#sec-env-a-624.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.04}

In addition to the information required in Env-A 607.03, the permit application required in Env-A 624.03 shall include:

(a) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(b) A detailed schedule for construction of the source or modification;

(c) A detailed description of the system of emission reduction proposed for the source or modification and emission estimates;

(d) A BACT analysis for mercury, dioxin, and particulate matter, including lead, as specified in Env-A 624.05, if the potential uncontrolled emissions of any one of these 3 pollutants exceed the applicable threshold in Env-A 624.01(c);

(e) The results of deposition modeling conducted pursuant to Env-A 624.08;

(f) A human health risk assessment conducted in accordance with Env-A 624.09;

(g) A fuel monitoring plan demonstrating how the owner or operator will comply with permit emission limits by periodically monitoring the fuel for lead, mercury, and dioxin at the source, prior to combustion; and

(h) A soil sampling plan to determine existing background environmental concentrations of lead, mercury, and dioxin.

History

#8654, eff 6-8-06; ss by #10154, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.05 BACT Analysis {#sec-env-a-624.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.05}

The BACT analysis required under Env-A 624.04(d) shall be conducted in accordance with the following:

(a) The applicant shall identify all control options, such as the use of lower-emitting raw materials, lower-emitting process equipment, or add-on control equipment, that have the potential to reduce emissions;

(b) The applicant shall provide information on any control option that the applicant deems to be technically infeasible that is sufficient to allow the department to evaluate the feasibility of said control option;

(c) The applicant shall rank the remaining control technologies and list them in order of control effectiveness, with the most effective alternative at the top;

(d) The applicant shall further evaluate the top-ranked control option and may eliminate it from further consideration if, based on its energy, economic, or environmental impact, the control option would result in unusual or prohibitive impacts as described in (f), below, at the source under review when compared to other similar sources;

(e) The applicant shall provide the department with documentation of all steps taken to comply with (a) through (d) above and the reasoning behind each step; and

(f) For purposes of (d), above, the following shall apply:

(1) An unusual or prohibitive environmental impact would arise if using the most effective technology would create adverse environmental impacts greater than those sought to be minimized through the use of the technology;

(2) An unusual or prohibitive economic impact would arise if the costs of the most effective technology were clearly excessive in relation to the benefit to be obtained from the technology; and

(3) An unusual or prohibitive energy impact would arise if the electricity required to operate a BACT level of control would be so large that it would make the operation of the device infeasible.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.06 BACT Determination {#sec-env-a-624.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.06}

The department shall select as BACT for the source under review the top-ranked control option remaining after the procedures in Env-A 624.05 have been followed, provided that the option does not result in either:

(a) Emissions of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter; or

(b) Emissions of particulate matter, mercury, or dioxin in an amount disproportionate to the emissions of any of those 3 air contaminants from other similar air pollution control devices for those air contaminants at facilities using similar combustion technology and similar fuels. For the purpose of this requirement, an amount disproportionate shall be an emission rate that is more than 20 percent greater, as expressed in terms of pounds of contaminant emitted per million British Thermal Units of heat input.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.07 Duration of BACT Determinations {#sec-env-a-624.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.07}

(a) At the time a significant modification is made or, if no significant modification is made, no later than 7 years after the date of issuance of the permit, the owner or operator of an affected source shall perform a new BACT analysis and submit it to the department.

(b) If as a result of the BACT analysis the department establishes any BACT limit that is more stringent than the existing BACT limit, the source shall comply with the new limit(s) within 3 years of the date the limit is established.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.08 Air Pollution Deposition Modeling {#sec-env-a-624.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.08}

(a) In addition to the modeling required under Env-A 606, the owner or operator of a source subject to RSA 125-C:10-b shall conduct a complete air pollution dispersion modeling analysis to determine the deposition of lead, mercury, and dioxin from the source’s emissions.

(b) The modeling analysis shall be conducted in accordance with 40 CFR 51, Appendix W, using any model or methodology, as applicable, that the administrator has specified or proposed for inclusion in 40 CFR 51, Appendix W.

(c) The modeling analysis shall quantitatively evaluate the deposition of lead, mercury, and dioxin from the source’s emissions.

(d) For the purpose of the modeling required in (a), above, the numerical value representing the estimated air emissions of lead from the source shall be doubled as a safety factor prior to being used in the model.

(e) The owner or operator shall determine background environmental concentrations of lead, mercury, and dioxin and shall add those concentrations to the modeling analysis.

(f) The modeling analysis shall include the combined effects of all sources subject to a title V operating permit and which are within 100 km of the source seeking a permit application under this part.

(g) The modeling analysis shall be presented in a form that can be used in a human health risk assessment, as detailed in Env-A 624.09.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.09 Human Health Risk Assessment {#sec-env-a-624.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.09}

(a) The owner or operator shall estimate worst case soil concentrations for lead, mercury, and dioxin, incorporating background concentrations with estimated soil concentrations derived using the deposition rates estimated pursuant to Env-A 624.08, and guidance from the 1998 U.S. EPA Human Health Risk Assessment Protocol for Hazardous Waste Combustion Facilities (HHRAP), with a 20-year deposition period and a mixing depth of one centimeter.

(b) Human health risk from the modeled soil lead concentrations shall be estimated using the U.S. EPA Integrated Exposure Uptake Biokinetic Model for Lead in Children (IEUBK win v2), May 2021 version, which is available as noted in Appendix A, and incorporating background environmental lead exposures.

(1) The estimate of the cumulative soil concentration of either lead, mercury, or dioxin at the location of maximum deposition, as modeled pursuant to (a), above, exceeds the following values:

a. For lead, 400 milligrams per kilogram (mg/kg);

b. For mercury, 13 mg/kg; and

c. For dioxin, 0.000007 mg/kg; or

(2) There is a greater than 5 percent probability of a child's estimated blood lead level, as modeled pursuant to (b), above, exceeding the United States Centers for Disease Control’s level of concern, namely 10 micrograms per deciliter.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.10 Permit Conditions {#sec-env-a-624.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.10}

Any permit issued to the owner or operator of a source subject to RSA 125-C:10-b shall:

(a) Establish fuel specifications for lead, mercury, and chlorine content; and

(b) Establish test methods for the fuel, using U.S. EPA SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods and applicable American Society for Testing and Materials (ASTM) sampling methods, to certify that the fuel meets the fuel specifications established in (a), above, prior to being combusted.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.11 Stack Testing and CEM Requirements {#sec-env-a-624.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.11}

(a) Within 60 days after achieving the maximum production rate at which a source subject to this part will be operated, but not later than 180 days after initial startup of such facility, the owner or operator of the source shall conduct an initial compliance stack test in accordance with Env-A 802 to demonstrate compliance with the emission limits established under Env-A 624.06.

(b) As specified in RSA 125 -C:10-b, III:

(1) If stack testing results show that emissions from the source are less than but within 10 percent of the emission limitation for a specific air contaminant established under Env-A 624.06, the owner or operator shall install a continuous emission monitor (CEM) system for that air contaminant pursuant to Env-A 808;

(2) If a CEM system that complies with Env-A 808 is not available for that air contaminant, the owner or operator of the source shall submit a plan, including monitoring and stack testing requirements, for ensuring that the emission limitation for that air contaminant is not exceeded until such time as a CEM system becomes available; and

(3) Once a CEM system is available, the owner or operator shall install that system within 24 months of department approval of the CEM monitoring plan submitted pursuant to Env-A 808.04.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 624.12 Acceptance of Applications {#sec-env-a-624.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 624.12}

The department shall not act on any permit application for the combustion of fuel derived from construction and demolition debris until the studies conducted pursuant to Chapters 169 and 205 of the Laws of 2005 have been completed and the moratorium on burning construction and demolition debris has been terminated.

History

#8654, eff 6-8-06; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22

Part Env-A 625 Limitations on Potential to Emit

N.H. Code Admin. R. Ann. Env-A 625.01 Applicability {#sec-env-a-625.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.01}

This part shall apply to the owner or operator of a VOC- or HAP-emitting source who is limiting the potential to emit of that operation to less than 50 tons of VOCs, 10 tons of any individual HAP, and 25 tons of combined HAPs for any consecutive 12-month period in accordance with this part, except for those facilities using control equipment to limit potential emissions.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.02 Definitions {#sec-env-a-625.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.02}

For the purposes of this part, the following definitions shall apply:

(a) “Digital printing line” means an operation where the transfer of electronic files occurs directly from the computer to an electronically driven output device that prints the image directly on the selected media substrate with inks and not dry toners;

(b) “Industrial laundry operation” means an establishment primarily engaged in supplying, on a rental or contract basis, laundered industrial work uniforms and related work clothing, such as protective apparel, flame and heat resistant, and clean room apparel; dust control items, such as treated mops, rugs, mats, dust tool covers, cloths, and shop or wiping towels;

(d) “Screen printing” means a printing process in which printing ink, coating, or adhesive material is passed through a taut web or fabric to which a refined form of stencil has been applied, and where the stencil openings determine the form and dimension of the imprint;

(e) “Shop towels” means towels or other fabric used to remove dust, oil, or grease and wipe down parts or operations;

(f) “Soils” means contaminants that are removed from the parts being cleaned, including, but not limited to, grease, oils, waxes, metal chips, carbon deposits, fluxes, and tars;

(g) “Solvent cleaning operation” means a process using a device or piece of equipment that uses solvent-containing liquid or solvent vapor to remove soils from the surfaces of materials. Types of solvent cleaning machines include, but are not limited to, batch vapor, in-line vapor, in-line cold, and batch cold solvent cleaning machines; and

(h) “Surface coating operation” means a process or processes used to apply a layer of material onto a substrate including manual brushing, spray painting, dip coating, roller coating and electrostatic deposition, but exclusive of printing, publishing or packaging operations and auto body shops.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.03 Written Notification Required {#sec-env-a-625.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.03}

An owner or operator electing to comply with this part shall send a written notification to the department stating their intention to operate under the emission caps established in this part, including a statement that the facility has determined that the stationary source, area source or device does not meet any of the applicability thresholds in accordance with Env-A 607.01.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.04 Limitations on Potential to Emit {#sec-env-a-625.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.04}

Notwithstanding the definition of “potential to emit” in Env-A 104 and unless otherwise determined by a permit or order of the department, a stationary source identified in Env-A 625.01 whose owner or operator operates the source in compliance with all applicable requirements of Env-A 625 shall be considered to have a potential to emit for any consecutive 12-month period less than:

(a) 50 tons of VOCs;

(b) 10 tons of any individual HAP; and

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.05 Material Usage Limits {#sec-env-a-625.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.05}

(a) The owner or operator of a stationary source at which at least 90 percent of the emissions from the source in any calendar year are attributable to one of the operations listed below shall limit material usage to no more than the amount specified in each calendar year:

(1) For non-heatset offset lithographic printing, 7,125 gallons of cleaning solvent and fountain solution additives, excluding water;

(2) For heatset web offset lithographic printing, 50,000 pounds of ink, cleaning solvent, fountain solution additives;

(3) For flexography and rotogravure operations using solvent inks, 50,000 pounds of ink, coatings, adhesives, dilution solvents, and cleaning solvents;

(4) For flexography and rotogravure operations using UV-cured or water-based inks, coatings, and adhesives, 200,000 pounds of inks, coatings, and adhesives;

(5) For screen printers, 7,125 gallons of solvent based inks, cleaning solvent, adhesives, and coatings;

(6) For digital printing operations, 6,000 gallons of solvent from inks and clean-up solutions and other solvent containing materials combined;

(7) For each printing operation listed in (1) through (6), above, 1,333 gallons of HAP-containing material, excluding waste;

(8) For solvent cleaning operations:

a. 6,800 gallons of any solvent-containing material containing no halogenated solvents;

b. 800 gallons of solvent-containing materials containing halogenated solvents; and

c. 1,200 gallons of any combination of solvent-containing material containing a mixture of both non-halogenated solvents and one or more halogenated solvents; and

(9) For surface coating operations, 3,000 gallons of solvent-containing material, excluding waste.

(b) For any combination of screen, digital, flexographic, letterpress, non-heatset lithographic, or heatset lithographic printing processes, the owner or operator shall limit the potential to emit pursuant to Env-A 625.07.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.06 Operating Limits {#sec-env-a-625.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.06}

The owner or operator of a stationary source at which at least 90 percent of the emissions from the source in any calendar year are attributable to one of the operations listed below shall limit operations in each calendar year as follows:

(a) For auto body shops that paint automobiles or automobile parts:

(1) If primarily engaged in collision repair, 2 or fewer bays devoted to painting;

(2) If repainting entire vehicles, one bay devoted to painting; and

(3) The physical or operational capacity to do no more than 21 jobs per week.

(b) For industrial laundry operations, cleaning less than 1,300 tons of soiled shop towels or 120 tons of soiled print towels, or 120 tons of both soiled shop and print towels.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.07 Emission Limitation {#sec-env-a-625.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.07}

In lieu of Env-A 625.05 or Env-A 625.06, the owner or operator of a stationary source shall be in compliance with this part if actual emissions without controls in each calendar year period do not exceed any of the following limits:

(a) 25 tons of VOCs:

(b) 5 tons of any individual HAP; and

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.08 Recordkeeping Requirements {#sec-env-a-625.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.08}

The owner or operator of any source that is operating to comply with the requirements of this part shall maintain:

(a) Purchase records or material usage records to demonstrate compliance with applicable coating, printing, and solvent limitations in Env-A 625.05;

(b) Customer records to demonstrate compliance with laundering limitations in Env-A 625.06(b); or

(c) Records of the information used to calculate actual emissions for each calendar year to demonstrate compliance with emission limitations in Env-A 625.07 as follows:

(1) Equipment type, description, make and model, and maximum design process rate or throughput;

(2) Types and specifications of materials used, including VOC and HAP content, and any process information used in the emissions calculations;

(3) Monthly record of raw materials used with support information such as purchase orders or invoices.

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

N.H. Code Admin. R. Ann. Env-A 625.09 Applicable Law {#sec-env-a-625.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 625.09}

Nothing in this section shall relieve an owner or operator from any obligation to comply with any other applicable federal, state or local law.

Appendix A: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-A 624.09(b)

U.S. EPA Integrated Exposure Uptake Biokinetic Model for Lead in Children (IEUBK win v2)

A written copy of this material can be obtained by writing to:

U.S. Department of Commerce

National Technical Information Service

Alexandria, VA 22312

Or by calling: 1-866-282-8622

The Windows-based version of the IEUBK model can be downloaded from the website at https://www.epa.gov/superfund/lead-superfund-sites-software-and-users-manuals#integrated

There is no cost for this material.

Env-A 610.08(b)(1)

Form GSP-2

A written copy of this material is attached as Appendix D, and is available on-line at: NH Online Forms System - GSP-2 Internal Combustion Engine - Emergency Generators or Fire Pump Engines. Version 1.4

There is no cost for this material.

Appendix B: State/Federal Statutes and Regulations Implemented

Rule Section(s)

Specific State Statute or Federal Statute/Regulation Implemented

Env-A 601.01

RSA 125-C:6; RSA 125-C:11; RSA 125-I:3

Env-A 601.02, Env-A 601.03

RSA 125-C:11; RSA 125-C:12; RSA 125-I:5

Env-A 602.01

RSA 125-C:4, I(a)

Env-A 603.01

RSA 125-C:11; RSA 125-I:5

Env-A 603.02

RSA 125-C:6, XIV

Env-A 604.01, Env-A 604.02

RSA 125-C:11, II & III

Env-A 605.01

RSA 125-C:11

Env-A 605.02, Env-A 605.03

RSA 125-C:12, I

Env-A 605.04

RSA 125-C:12, I; 42 U.S.C.§7661b(b) & (c); §40 CFR 70.6(d)

Env-A 606.01 - Env-A 606.06

RSA 125-C:11, II & IV; RSA 125-I:5, V;

42 U.S.C. §410(a)(2)(K)

Env-A 607.01(a) - (x)

RSA 125-C:11

Env-A 607.01(y)

RSA 125-C:11; RSA 125-I

Env-A 607.01(z) - (aa)

RSA 125-C:11; RSA 125-J; RSA 125-O

Env-A 607.01(ab)

RSA 125-C:11; RSA 125-O

Env-A 607.02

RSA 125-C:11

Env-A 607.03

RSA 125-C:4, I(a)

Env-A 607.04

RSA 125-C:11, II & IV

Env-A 607.05

RSA 541-A:29, I

Env-A 607.06

RSA 125-C:12, I

Env-A 607.07

RSA 125-C:12, II

Env-A 607.08

RSA 125-C:11, II; RSA 125-C:13; 40 CFR §52.21(r)(2)

Env-A 607.09

RSA 125-C:11

Env-A 608.01, Env-A 608.02

RSA 125-C:11

Env-A 608.03

RSA 125-C:12, I

Env-A 608.04

RSA 125-C:11, III

Env-A 608.05

RSA 541-A:29, I

Env-A 608.06

RSA 125-C:12, I

Env-A 608.07

RSA 125-C:12, II

Env-A 608.08

RSA 125-C:11, III; RSA 125-C:13

Env-A 608.09

RSA 125-C:11

Env-A 608.10(a)

RSA 125-C:12, I

Env-A 608.10(b)

RSA 125-C:12, IV

Env-A 608.11, Env-A 608.12

RSA 125-C:11

Env-A 609.01

RSA 125-C:11, I-a; 42 U.S.C. §7661a; 40 CFR §70.3

Env-A 609.02

RSA 125-C:11, I-a; RSA 125-C:13

Env-A 609.03

RSA 125-C:11, I

Env-A 609.04

RSA 125-C:12, I; 40 CFR §70.5(c)

Env-A 609.05

RSA 125-C:11, I-a; 42 U.S.C. §7661c; 40 CFR §70.6

Env-A 609.06

RSA 125-C:12, I; ; 42 U.S.C. §7661a(b); 40 CFR §70.5

Env-A 609.07

RSA 125-C:11, I-a; 42 U.S.C. §7661b(c); 40 CFR §70.5(a)(1)

Env-A 609.08(a)

RSA 125-C:11, I-a; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2)

Env-A 609.08(b)

RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2)

Env-A 609.09

RSA 125-C:11, I-a; 42 U.S.C. §7661c(f); 40 CFR §70.6(f)

Env-A 609.10

RSA 125-C:11, IV; 42 U.S.C. §7661a(b)(5); 40 CFR §70.7(a)

Env-A 609.11

RSA 541-A:29, I; 42 U.S.C. §7661a(b)(1); 40 CFR §70.5(a)(2)

Env-A 609.12

RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(b)

Env-A 609.13(a)

RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(a)

Env-A 609.13(b)

RSA 125-C:6, X; 42 U.S.C. §7661d(b); 40 CFR §70.8(a) & (c)

Env-A 609.13(c)

RSA 125-C:12, II; 42 U.S.C. §7661b(c); 40 CFR §70.7(a)(2)

Env-A 609.14(a)

RSA 125-C:6, X; 42 U.S.C. §7661d(b)(3); 40 CFR §70.8(c)(1)

Env-A 609.14(b) & (c)

RSA 125-C:6, X; 42 U.S.C. §7661d(c); 40 CFR §70.8(c)(4)

Env-A 609.15

RSA 125-C:11, I-a; 42 U.S.C. §7661b(d); 40 CFR §70.7(b) & (c)

Env-A 609.16(a) & (b)

RSA 125-C:11, I-a; 42 U.S.C. §7661a(b)(1); 40 CFR §70.6(a)(2)

Env-A 609.16(c)

RSA 125-C:11, I-a; 42 U.S.C. §7651g(a); 40 CFR §72.73(b)(2)

Env-A 609.17

RSA 125-C:12, I

Env-A 609.18(a)

RSA 125-C:11, I-a; 42 U.S.C. §7661a(b)(5)(C); 40 CFR §70.7(c)

Env-A 609.18(b)

RSA 125-C:12, II & IV; 42 U.S.C. §7661a(b)(6);

40 CFR §70.7(c)

Env-A 609.19(a)(1) & (d)

RSA 125-C:13, IV; 42 U.S.C. §7661a(b)(9); 40 CFR §70.7(f)

Env-A 609.19(a)(2)

RSA 125-C:13, IV; 42 U.S.C. §7661e(b); 40 CFR §70.7(f)

Env-A 609.19(a)(3) & (4)

RSA 125-C:13, IV; 40 CFR §70.7(f)

Env-A 609.19(b) & (c)

RSA 125-C:13, IV; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(f)

Env-A 609.19(e)

RSA 125-C:13, IV; 42 U.S.C. §7661d(e); 40 CFR §70.7(g)

Env-A 609.19(f) & (g)

RSA 125-C:13, IV; 42 U.S.C. §7661d(c); 40 CFR §70.7(g)

Env-A 610.01

RSA 125-C:6, XIV; RSA 125-C:11, I; 42 U.S.C. §7661c(d);

40 CFR §70.6(d)

Env-A 610.02 – Env-A 610.13

RSA 125-C:6, XIV; RSA 125-C:11, I & III

Env-A 610.14 & Env-A 610.15;

Env-A 610.16

RSA 125-C:6, XIV; RSA 125-C:11, I-a; 42 U.S.C. §7661c(d);

40 CFR §70.6(d)

Env-A 611.01

RSA 125-C:6, XIV; RSA 125-C:11, I-a; 42 U.S.C. §7651g(a);

40 CFR §72.72

Env-A 611.02 & Env-A 611.03

RSA 125-C:11, I-a; RSA 125-D:3; 42 U.S.C. §7651g(a);

40 CFR §72.72(a)

Env-A 611.04

RSA 125-C:11, I-a; 42 U.S.C. §7651g(d)(3);

40 CFR §72.72(b)(1)

Env-A 611.05

RSA 125-C:11, I-a; RSA 125-D:3; 42 U.S.C. §7651g(b);

40 CFR §72.72(b)(1)

Env-A 611.06

RSA 125-C:6, X; 42 U.S.C. §7661d(b); 40 CFR §70.8(a)

Env-A 611.07(a)(1)

RSA 125-C:11, I-a; 42 U.S.C. §7651g(a)(1);

Env-A 611.07(a)(2)

RSA 125-C:11, I-a; 40 CFR §72.9(h)(2)

Env-A 611.07(a)(3)

RSA 125-C:11, I-a; 42 U.S.C. §7651b(f); 40 CFR §72.9(h)(1)

Env-A 611.07(a)(4)

RSA 125-C:11, I-a; 42 U.S.C. §7651b(d)(1); 40 CFR §73.30

Env-A 611.07(b)

RSA 125-D:3,I(f)

Env-A 611.08

RSA 125-C:12, II; 40 CFR §72.72(b)(1)

Env-A 611.09

RSA 125-C:11, I-a; 42 U.S.C. §7661c(f);

40 CFR §70.6(f)(3)(iii); 40 CFR §72.51

Env-A 611.10(a)

RSA 125-C:6, XIV; 42 U.S.C. §7651g(a)(4); 40 CFR §72.70(b)

Env-A 611.10(b)

RSA 125-C:6, XIV; 40 CFR §72.84

Env-A 611.10(c)(1)

RSA 125-C:6, XIV; 40 CFR §72.85(d)

Env-A 611.10(c)(2)

RSA 125-C:6, XIV; 40 CFR §72.9(g)(3); 40 CFR §72.80(c)

Env-A 611.10(c)(3)

RSA 125-C:6, XIV; 40 CFR §72.80(e)

Env-A 611.10(d)

RSA 125-C:6, XIV; 40 CFR §72.80(d)

Env-A 611.11

RSA 125-C:6, XIV; 40 CFR §72.72(b)(2); 40 CFR §72.81(c)(ii)

Env-A 611.12

RSA 125-C:13, III & IV; 40 CFR §72.85

Env-A 611.13

RSA 125-C:14; 40 CFR §72.72(b)(5)(i)

Env-A 612.01

RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(d)(3)

Env-A 612.02

RSA 125-C:4, I(d), RSA 125-C:6, XIV, RSA 125-C:11, I-a,

RSA 125-C:12, I; 42 U.S.C. §7661a(b)(10); 40 CFR §70.4(b)(12)

Env-A 612.03

RSA 125-C:6, XIV; RSA 125-C:12, I

Env-A 612.04

RSA 125-C:11, I; RSA 125-C:12, I

Env-A 612.05

RSA 125-C:11, I-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(2)

Env-A 612.06

RSA 125-C:11, I-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(4)

Env-A 612.07

RSA 125-C:11, I; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)

Env-A 613.01 - Env-A 613.03

RSA 125-C:13

Env-A 613.04

RSA 125-C:13; 40 CFR §70.7(f)(1)(iii)

Env-A 614.01

RSA 125-C:6, XIV; 42 U.S.C. §7661d(b)(2); 40 CFR §70.8(d)

Env-A 615.01

RSA 125-C:6, V & XIV; 42 U.S.C. §7410(a)(2)(d)

Env-A 616.01

RSA 125-C:12, I

Env-A 617.01

RSA 125-C:11, I

Env-A 617.02

RSA 125-C:11, I-a; 42 U.S.C. §7661(2); 42 U.S.C. §7661a(a)

Env-A 618.01

RSA 125-C:11, I; 42 U.S.C. §7502(c); 40 CFR §51.165

Env-A 618.02

RSA 125-C:11, IV; 42 U.S.C. §7502(c)(5); 40 CFR §51.165(a)(2)

Env-A 618.03

RSA 125-C:11, IV; 42 U.S.C. §7511a(c); 42 U.S.C. §7602;

40 CFR §51.165(a)(1)

Env-A 618.04

RSA 125-C:11, IV; 42 U.S.C. §7503(a); 40 CFR §51.165(a)(2)

Env-A 618.05

RSA 125-C:11, IV; 42 U.S.C. §7503(a); 40 CFR §51.165(a)(2)

Env-A 618.06

RSA 125-C:11, IV; 42 U.S.C. §7503(a); 40 CFR §51.165(a)(2)

Env-A 618.07, Env-A 618.08

RSA 125-C:11, IV; 42 U.S.C. §§7503(c) & 7511a(c)(10);

40 CFR §51.165(a)(3)

Env-A 618.09

RSA 125-C:11, II & IV; RSA 125-C:12, II; 42 U.S.C. §§7503(c) & 7511a(c)(10); 40 CFR §51.165(a)(3)

Env-A 618.10(a)

RSA 125-C:11, II & IV

Env-A 618.10(b)

RSA 125-C:12, II

Env-A 619.01, Env-A 619.02

RSA 125-C:4, I(d); RSA 125-C:6, XIV; RSA 125-C:11, IV;

42 U.S.C. §7410(a)(2)(C); 40 CFR § 51.166

Env-A 619.03

RSA 125-C:4, I(d); RSA 125-C:6, XIV; RSA 125-C:11, IV; 42 U.S.C. §7410(a)(2)(C); 40 CFR § 51.166; 40 CFR 52.21

Env-A 619.04

RSA 125-C:4, I(d); RSA 125-C:6, XIV; RSA 125-C:11, IV;

42 U.S.C. §7410(a)(2)(C); 40 CFR §51.166

Env-A 619.05

RSA 125-C:4, I(d); RSA 125-C:6, XIV; RSA 125-C:11, IV;

42 U.S.C. §7410(a)(2)(C); 40 CFR § 51.166

Env-A 619.06(a)

RSA 125-C:4, I(a); RSA 125-C:6, XV; 42 U.S.C. §7472;

40 CFR §52.21(e)(1)

Env-A 619.06(b)

RSA 125-C:4, I(a); RSA 125-C:6, XV; 42 U.S.C. §7472;

40 CFR §52.21(g)(1)

Env-A 619.07

RSA 125-C4, I(j); 42 U.S.C. §7475(d); 40 CFR §52.21(g)(1)

Env-A 619.08

RSA 125-C:4, I(a); RSA 125-C:6, XV; 42 U.S.C. §7473;

40 CFR §51.166

Env-A 619.07

RSA 125-C4, I(j); 42 U.S.C. §7475(d); 40 CFR §52.21(g)(1)

Env-A 620; Env-A 621

RSA 125-C:12, II

Env-A 621.04

RSA 125-C:12, II; 40 CFR §51.166(q)(2)(iv)

Env-A 622.01, Env-A 622.02

RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(h)

Env-A 622.03

RSA 125-C:12, II; 42 U.S.C. §7661d(a)(2); 40 CFR §70.8(b)

Env-A 622.04(a)

RSA 125-C:12, II; 42 U.S.C. §7661d(a)(1); 40 CFR §70.8(a)

Env-A 622.04(b)

RSA 125-C:12, II; 42 U.S.C. §7661d(b)(1); 40 CFR §70.8(c)

Env-A 622.05

RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(h)

Env-A 622.06

RSA 125-C:12, II; 42 U.S.C. §7661b(e); 40 CFR §70.7(h)

Env-A 622.07

RSA 125-C:12, II

Env-A 622.08

RSA 125-C:12, II; 42 U.S.C. §7661a(b); 40 CFR 70.4(b)

Env-A 622.09

RSA 125-C:12, III; 42 U.S.C. §7661a(b); 40 CFR 70.4(b)

Env-A 623.01, Env-A 623.02

RSA 125-C:13, II & III

Env-A 623.03

RSA 125-C:14

Env-A 624

RSA 125-C:4, I(a); RSA 125-C:10-b, I(a)

Env-A 625

RSA 125-C: 4, I(a); 40 CFR 63

Appendix C: Statutory Definitions Cited In Env-A 624.02

RSA 125-C:2:

“VI-a. ‘Dioxin’ means a group of chemical compounds that share certain similar chemical structures and mode-of-action biological characteristics, including a total of 17 dioxin-like compounds that are members of 2 closely related families: chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs).”

“IX-f. ‘Particulate matter’ means any material, including lead, but not uncombined water, which is or has been suspended in air or other gases and which exists in a finely divided form as a liquid or solid at standard conditions.”

RSA 125-C:10-b, I:

“(a) ‘Best available control technology’ means an emission limitation based on the maximum degree of reduction for each air contaminant that would be emitted from any device that the department, on a case-by-case basis, taking into account energy, environmental, public health, and economic impacts and other costs, determines is achievable for such device through application of production processes or available equipment, methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant.”

“(b) ‘Exempt fuel’ means coal, natural gas, landfill gas, digester or bio gas, untreated wood, virgin petroleum products, or any mixture thereof.”

Appendix D: Form GSP-2

gsp-2 fORM

INTERNAL COMBUSTION ENGINES

EMERGENCY GENERATORS OR FIRE PUMP ENGINES

Air Resources Division/Permitting and Environmental Health Bureau

RSA/Rule: RSA 125-C:12 and Env-A 600 & 1700

This GSP-2 form shall be completed for each internal combustion engine that is requesting registration under the GSP Internal Combustion Engines – Emergency Generators or Fire Pump Engines.

| 1. FACILITY INFORMATION | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | FACILITY NAME: | AFS NUMBER: | | | | | | | | | 2. INSTALLATION DESCRIPTION | | | | | | | | | | DEVICE NAME: | | | | | | | | | | DEVICE TYPE¹: | | | | | | | | | | MANUFACTURER: | MANUFACTURE DATE²: | | | | | | | | | DATE INSTALLED: | | | | | | | | | | MODEL NUMBER: | SERIAL NUMBER: | | | | | | | | | MAXIMUM ENGINE OUTPUT RATING: | UNITS³: | | | | | | | | | 3. ENGINE SPECIFICATIONS AND FUEL(S) | | | | | | | | | | | Fuel Type Used⁴ | Heat Value⁵ | Units | Maximum Fuel Flow Rate | Units | Maximum Gross Heat Input Rate | Units | | | (Example) | ULSD | 137,000 | Btu/gal | 20 | gal/hr | 2.74 | MMBtu/hr | | | Primary | | | | | | | | | | Secondary | | | | | | | | | | | | | | | | | | |

GSP-2 FORM INFORMATION INSTRUCTIONS

[1] Emergency Engine, Emergency Generator, or Emergency Fire Pump

2 If exact date is unknown for Manufacture Date or Install Date, you may use 01/01/year. The exception is for calendar years 2006 and 2007, where a month and year are required to determine rule applicability.

3 Horsepower (hp) or Kilowatts (kW)

4 Liquid Fuels: 5 Heat Value:

Ultra Low Sulfur Diesel (ULSD) 137,000 Btu/gal

Diesel fuel 137,000 Btu/gal

#2 fuel oil 140,000 Btu/gal

Kerosene 135,000 Btu/gal

Other – Liquid Obtain from Fuel Supplier

Gaseous Fuels: Heat Value:

Natural Gas 1,020 Btu/cubic foot

Propane (LPG) 94,000 BTU/gal

Gasoline 130,000 Btu/gal

Other – Gaseous Obtain from Fuel Supplier

History

#10175, eff 9-1-12; ss by #13510, eff 12-17-22

Chapter Env-A 700 Permit Fee System

Part Env-A 701 Purpose, Scope, and References

N.H. Code Admin. R. Ann. Env-A 701.01 Purpose {#sec-env-a-701.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 701.01}

The purpose of this chapter is to establish a fee system requiring the payment of fees to cover the reasonable direct and indirect costs of the following:

(a) Reviewing and acting upon the applications for the issuance of, amendment to, modification to, renewal of, or any combination of the foregoing actions to, a temporary permit, state permit to operate, or title V operating permit;

(b) Implementing and enforcing the terms and conditions of any temporary permit, state permit to operate, or title V operating permit;

(d) Developing, implementing and administering the title V operating permit program.

History

#1865, eff 1-25-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 701.02 Scope {#sec-env-a-701.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 701.02}

Any applicant, owner, or operator of a source or stationary source, area source, or device which requires a temporary permit, state permit to operate, title V operating permit, or any combination of the foregoing permits pursuant to Env-A 600, shall pay all fees as specified in this chapter.

History

#5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 701.03 References {#sec-env-a-701.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 701.03}

For the purpose of this chapter, unless otherwise specified, the July 1, 2017 edition of title 40 of the Code of Federal Regulations (CFR) shall control all references to 40 CFR 70.

History

#8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

Part Env-A 702 Application Review, Registration, and Modeling Fees

N.H. Code Admin. R. Ann. Env-A 702.01 Application Review Fee for Temporary Permits {#sec-env-a-702.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 702.01}

(a) The applicant for a temporary permit for a new stationary source, area source, or device pursuant to Env-A 607.01, except as specified in (b), below, shall submit to the department with such application an application review fee of $2,000.

(b) The applicant for a temporary permit pursuant to Env-A 607.01(t) shall pay a fee of $1,000 as specified in Env-A 702.02(a) and Env-A 702.02(b).

(c) If the applicant is subject to fees pursuant to Env-A 703, the applicant shall pay the permit review fee pursuant to Env-A 703.03 instead of the fee specified in (a), above.

History

#8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 702.02 Application Fee for Air Toxics Reviews {#sec-env-a-702.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 702.02}

(a) The applicant for a compliance determination for a new stationary source, area source, or device pursuant to Env-A 1400 shall submit to the department with such application an initial application review fee of $500.

(b) If the department determines that a permit is required solely under Env-A 607.01(t) and the source is not otherwise required to obtain a permit under Env-A 607.01, then the applicant shall submit a subsequent application review fee of $500.

(d) The applicant shall pay the application review fee pursuant to (b), above, prior to the issuance of the permit.

(e) The department shall not issue the permit until payment of the fee pursuant to (b), above, is received by the department.

History

#8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 702.03 Modeling Fees {#sec-env-a-702.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 702.03}

(a) The applicant for a temporary permit for a new stationary source, area source, or device shall submit to the department with such application the following modeling fee, except as provided in (b), below:

(1) For an applicant requesting that the department conduct modeling as specified in Env-A 1406.02, $1,500; or

(2) For a non-major source subject to Env-A 607.01, $2,500.

(b) If the applicant submits modeling to the department for review, the applicant shall submit to the department with the modeling the following modeling fee, rather than the fee specified in (a), above:

(1) For an applicant requesting that the department review modeling as specified in Env-A 1406.02, $1,125; or

(2) For a non-major source subject to Env-A 607.01, $1,875.

History

#8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 702.04 Permit-by-Notification Fee {#sec-env-a-702.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 702.04}

The owner or operator of a statutory source, area source, or device that applies for a permit-by-notification pursuant to Env-A 603.02 shall submit to the department a fee of $1,000 with the permit application.

History

#9792, eff 10-1-10; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 702.05 General State Permit (GSP) Registration Fee for Emergency Generators {#sec-env-a-702.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 702.05}

(a) For a general state permit (GSP) for the source category described in Env-A 610.04(b)(1), the owner or operator seeking to operate under the GSP shall submit a registration fee calculated in accordance with (b) or (c), below, together with the registration package required by Env-A 610.08(b).

(b) For a GSP reestablished after the effective date of this rule, for the source category described in Env-A 610.04(b)(1), the owner or operator seeking to operate under the GSP shall submit a registration fee calculated by multiplying $400 by the number of years, or portion thereof, remaining until the GSP expires, inclusive of the year of registration and expiration.

(c) The registration fee established in (b) above shall be adjusted each time a GSP is reestablished and shall be adjusted by the consumer price index multiplier, as defined in Env-A 705.04(a)(3), calculated at the time the GSP is reestablished.

(d) The department shall not charge any additional registration fee to add a source or device to the list of sources or devices previously registered at a stationary source during the GSP term.

(e) The department shall not refund any registration fee if a source or device is removed from the list of sources or devices previously registered at a stationary source during the GSP term.

History

#10747, eff 12-19-14; ss by #12649, eff 10-24-18; ss by #14216, eff 3-22-25

Part Env-A 703 Permit Review Fees

N.H. Code Admin. R. Ann. Env-A 703.01 Definitions {#sec-env-a-703.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 703.01}

For the purposes of this section, the following definitions shall apply:

(a) “Hourly rate” means the annual salary and benefit costs for each department employee who reviews a permit, divided by 1,950;

(b) “Individual personnel review fee” means, for each department employee who reviews the permit, the sum of travel costs, public notification costs, and the product of the number of hours or portion thereof which that person spent working on the particular permit, multiplied by the hourly rate of that department employee; and

(c) “Working on the particular permit” means reviewing the permit to ensure compliance with the standards integrated in the reviews listed in Env-A 702.02 and processing or amending any permit, necessitated as a result of the review.

History

#1865, eff 1-25-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 703.02 Types of Review {#sec-env-a-703.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 703.02}

The department shall assess permit review fees to the applicant for the following types of permit reviews, where applicable:

(a) National Emission Standards for Hazardous Air Pollutants (NESHAP) review, in accordance with 40 CFR 61 and Env-A 504, or 40 CFR 63 and Env-A 505;

(b) Prevention of Significant Deterioration (PSD) review or PSD avoidance, in accordance with Env-A 619; and

History

#6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 703.03 Determination of Permit Review Fees {#sec-env-a-703.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 703.03}

(a) For each permit review as specified in Env-A 703.02 that department personnel undertakes, the department shall assess an individual personnel review fee to the applicant.

(b) Where more than one department employee is allocated to the particular permit review, or where one department employee has differing hourly rates for differing costs and duties accomplished in the reviewing of a particular permit review, the department shall total together every individual personnel review fee in determining the total review fee due to the department.

History

#6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 703.04 Billing for Permit Review Fees {#sec-env-a-703.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 703.04}

The department shall bill the permit applicant for the permit review fees prior to the issuance of a permit in accordance with the following:

(a) For temporary permits, the department shall bill the applicant prior to issuance of that temporary permit; and

(b) For permits to operate, the department shall bill the applicant at least 60 days prior to the established expiration date of the permit to operate as set forth in Env-A 607.08.

History

#6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 703.05 Payment of Permit Review Fees {#sec-env-a-703.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 703.05}

(a) The permit applicant shall pay the department the permit review fees prior to the issuance of a permit.

(b) In the case of a new or modified stationary source, area source, or device, a temporary permit shall not be issued until payment of the fee is received by the department.

(c) In the case of the renewal of a permit to operate, the permit shall expire if payment of the fee is not received by the department on or before the expiration date of the permit to operate as set forth in Env-A 608.08 or Env-A 609.14, as applicable.

History

#7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

Part Env-A 704 Testing and Monitoring Fees for Temporary Permits

N.H. Code Admin. R. Ann. Env-A 704.01 Definitions {#sec-env-a-704.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 704.01}

For the purposes of this section, the following definitions shall apply:

(a) “Hourly rate” means the annual salary and benefit costs for each department employee who tests, monitors, or both, divided by 1,950;

(b) “Individual personnel testing and monitoring fee” means, for each department employee who tests, monitors, or both, the sum of the costs of travel, lodging, meals, specialty equipment, and consumable supplies, where these costs were incurred specifically in order to carry out the required test or audit, and the product of the number of hours or portion thereof which that person spent testing and monitoring, multiplied by the hourly rate of that department employee; and

(c) “Testing and monitoring” means witnessing, conducting, or evaluating any required emission test, continuous emission monitor certification test, continuous emission monitor audit, or ambient air quality monitoring test pursuant to the procedures in Env-A 800.

History

(See Revision Note at chapter heading for Env-A 700) #4123, eff 8-25-86; ss by #5033, eff 12-27-90 (formerly Env-A 704.01); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 704.02 Determination of Testing and Monitoring Fees for Temporary Permits {#sec-env-a-704.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 704.02}

(a) For any testing and monitoring which department personnel undertake or audit as a condition of a temporary permit proposed to be issued or issued to a source, the department shall assess an individual personnel testing and monitoring fee to the applicant or permittee.

(b) Where more than one department employee is allocated to the testing and monitoring, or where one department employee has differing hourly rates for differing costs and duties accomplished in the testing and monitoring, the department shall total together every individual personnel testing and monitoring fee in determining the total testing and monitoring fee due to the department.

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; ss by #2332, eff 4-29-83; ss by #2853, eff 9-24-84; ss by #4123, eff 8-25-86; ss by #5033, eff 12-27-90 (formerly Env-A 704.01a and Env-A 703.02); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 704.03 Billing for Testing and Monitoring Fees for Temporary Permits {#sec-env-a-704.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 704.03}

The department shall bill the applicant, owner, or operator of a stationary source, area source, or device for the testing and monitoring fees after the completion of the required testing and monitoring.

History

(See Revision Note at chapter heading for Env-A 700) #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 704.04 Payment for the Testing and Monitoring Fees {#sec-env-a-704.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 704.04}

Payment for the testing and monitoring fees shall be submitted to the department within 60 days of the billing date.

History

#7880, eff 4-26-03; ss by #9911, eff 4-26-1; ss by #12649, eff 10-24-18

Part Env-A 705 Annual Emission Fee

N.H. Code Admin. R. Ann. Env-A 705.01 Definition {#sec-env-a-705.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.01}

For the purposes of this part, “VOC or RTAP emissions unit” means an emission unit located at a stationary source, area source, or device that emits any volatile organic compound (VOC) or regulated toxic air pollutant (RTAP) from a non-combustion process.

History

#12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 705.02 Annual Emission Fee {#sec-env-a-705.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.02}

(a) In addition to other fees specified in this chapter, pursuant to RSA 125-C:12, IV or V, the owner or operator of a stationary source, area source, or device that is required to have a temporary permit, state permit to operate, or title V operating permit shall pay to the department an annual emission fee that includes:

(1) A baseline emission fee as specified in Env-A 705.06 through Env-A 705.10; and

(2) An emission-based fee calculated each calendar year pursuant to Env-A 705.03 and Env-A 705.04.

(b) The owner or operator of a source or device that is operating pursuant to a general state permit for the source category of emergency generators/emergency engines described in Env-A 610.04(b)(1), a permit-by-notification, or a limitation on potential to emit pursuant to Env-A 625 shall not pay an annual emission-based fee or annual baseline emission fee with respect to that source or device.

(c) Pursuant to 42 U.S.C. §7661a(b)(3)(B)(ii)(III), carbon monoxide (CO) emissions shall not be considered a regulated pollutant for presumptive fee calculations for purposes of 40 CFR §70.9(b)(2), and any fees collected under this part resulting from CO emissions shall not be used to support the title V program in this state.

(d) Pursuant to 42 U.S.C. §7661a(b)(3)(B)(iii) and 40 CFR §70.9(b)(2)(ii)(B), any fees collected under this part resulting from emissions of any one regulated pollutant in excess of 4,000 tons per year shall not be used to support the title V program in this state.

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (formerly Env-A 705.01); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #10747, eff 12-19-1; ss by #12649, eff 10-24-18 (formerly Env-A 705.01)

N.H. Code Admin. R. Ann. Env-A 705.03 Determination of Actual Emissions for Use in Calculating Emission-Based Fee {#sec-env-a-705.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.03}

(a) The owner or operator of a stationary source, area source, or device required to pay an emission-based fee shall determine actual annual emissions by using:

(1) Emissions data from a certified gaseous CEM system meeting the requirements of Env-A 808, which includes substitute data in accordance with Env-A 808.12 for each period for which the CEM system did not collect valid data;

(2) Emission factors based on emissions data from the most recently conducted compliance method stack test, as long as that compliance method stack test was conducted under normal operating conditions, and that it was observed and approved by the department pursuant to Env-A 802 or Env-A 809, or by EPA, in conjunction with the operating conditions specified in the permit for the device issued pursuant to Env-A 600;

(3) Emissions calculated from a mass balance of the process, in conjunction with the operating conditions specified in the permit for the device issued pursuant to Env-A 600;

(4) Emission factors based on alternate emissions data guaranteed by the manufacturer of the device, certified by EPA as accurate for the device, or collected during a stack test of an identical device that was not observed by the department, that meets all other acceptance criteria specified in (2), above, in conjunction with the operating conditions specified in the permit for the device issued pursuant to Env-A 600;

(5) AP-42, Fifth Edition, “Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources”, published in 1995 by the EPA, as supplemented from 1996 - 2000 and updated from 2001-2009, in conjunction with the operating conditions specified in the permit for the device issued pursuant to Env-A 600; or

(6) Engineering calculations that are representative of the actual emissions generated, in conjunction with the operating conditions specified in the permit for the device issued pursuant to Env-A 600.

(b) A description of the method used for calculating actual emissions shall be submitted to the department with each fee payment.

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; amd by #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (formerly Env-A 705.02); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9792, eff 10-1-10; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18 (formerly Env-A 705.02)

N.H. Code Admin. R. Ann. Env-A 705.04 Calculation of Emission-Based Fee {#sec-env-a-705.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.04}

(a) For purposes of this section, the following definitions shall apply:

(1) “Regulated air pollutant” means any air pollutant regulated under RSA 125-C or RSA 125-I;

(2) “Total adjusted annual actual emissions” means the total of all actual emissions of each regulated air pollutant emitted at a stationary source, area source, or device during the year for which the fees are being calculated, up to 6,000 tons per regulated air pollutant, excluding amounts of any hazardous air pollutant or regulated toxic air pollutant that has been included as particulate matter or as a volatile organic compound in the actual emissions, as adjusted per (c), below;

(3) “Consumer price index multiplier” means the percentage by which the average of the consumer price index for all-urban consumers published by the U.S. department of labor, as of the close of the 12-month period ending on June 30 of the year for which the fees are being calculated, exceeds the average of that consumer price index for calendar year 2017;

(4) “Annual cost of permit program operation” means a total cost of $3,500,000 per year;

(5) “Annual emission-based fee” means the total adjusted annual actual emissions multiplied by the dollar per ton rate; and

(6) “Total administrative fees” means the sum of all annual baseline emission fees assessed statewide for the previous year.

(b) The “dollar per ton rate” for purposes of the emission-based fee shall be calculated by:

(1) Multiplying together the following:

a. The “annual cost of permit program operation” as calculated pursuant to (a)(4), above; and

b. The “consumer price index multiplier” as calculated pursuant to (a)(3), above; and

(2) Subtracting the total administrative fees; and

(3) Dividing the difference between (b)(1) and (b)(2), above, by the total statewide adjusted annual actual emissions from the previous year.

(4) Reducing the dollar per ton rate on a per-ton basis by the quotient, rounded to the nearest whole cent, of the dollar amount appropriated by the general court annually to the department's air emission-based fee program, if any, for the year for which the fees are being calculated divided by the statewide total adjusted annual actual emissions.

(c) If the total annual actual emissions are over 250 tons for a stationary source, area source, or device, the total emissions shall be adjusted by multiplying those emissions over 250 tons by a factor of 1.1.

(d) The department shall:

(1) Calculate the consumer price index multiplier; and

(2) Post the dollar per ton rate on the department’s website at least 8 months prior to the due date of the emission-based fee.

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (formerly Env-A 705.03); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; amd by #12442, eff 1-1-18; ss by #12649, eff 10-24-18 (formerly Env-A 705.03)

N.H. Code Admin. R. Ann. Env-A 705.05 Payment of Emission-Based Fee {#sec-env-a-705.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.05}

(a) The owner or operator of a stationary source, area source, or device shall pay to the department the annual emission-based fee no later than May 15 for the previous calendar year’s emissions.

(b) The permit holder shall not be entitled to a permit renewal or modification unless the department has received payment in full of all fees due under this chapter.

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; amd by #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (formerly Env-A 705.04); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18 (formerly Env-A 705.04)

N.H. Code Admin. R. Ann. Env-A 705.06 Payment of Annual Baseline Emission Fee, Generally {#sec-env-a-705.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.06}

(a) In addition to the annual emission-based fee, each stationary source, area source, or device that is required to have a temporary permit, state permit to operate, or title V operating permit shall pay an annual baseline emission fee to the department.

(b) Except as specified in Env-A 705.07, the annual baseline emission fee shall be $500.

(c) Notwithstanding Env-A 705.07, any source that is not required to pay an emission-based fee for any calendar year because the source or device had zero emissions and zero hours of operation, shall pay an annual baseline emission fee of $500, as specified in (b), above.

History

#12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 705.07 Payment of Annual Baseline Emission Fees, Specific Sources {#sec-env-a-705.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.07}

(a) Each source that emits VOCs or RTAPs that are subject to Env-A 1400 from non-combustion processes shall pay a $750 annual baseline emission fee for the first VOC or RTAP emissions unit, and a $500 annual fee for each additional non-combustion VOC or RTAP emissions unit, up to a maximum of 10 non-combustion VOC or RTAP emissions units.

(b) Each Title V landfill that is subject to Env-A 607 or Env-A 609 shall pay a $25,000 annual baseline emission fee.

(c) Each electric generating unit (EGU) that is capable of generating between 10 and 25 megawatts (MW) electrical power, including municipal waste combustors that are subject to Env-A 3300, but excluding stand-alone simple cycle gas turbines, shall pay a $20,000 annual baseline emission fee.

(d) Each non-nuclear EGU that is capable of generating greater than or equal to 25 MW electrical output shall pay a $75,000 annual baseline emission fee.

(e) Each Title V source not included in (a) through (d), above, shall pay an annual baseline emission fee of $1,500.

History

#12649, eff 10-24-18

N.H. Code Admin. R. Ann. Env-A 705.08 Notification for Emission-Based Fee and Annual Baseline Emission Fee {#sec-env-a-705.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 705.08}

The department shall notify the owner or operator of any under payments or over payments of the annual emission-based fee and annual baseline emission fee.

APPENDIX

Rule

Specific Section of State or Federal Statute or Regulation which the Rule Implements

Env-A 701.01 & 701.02

RSA 125-C:12, IV & V; 42 U.S.C. §7661a; 40 CFR 70.9

Env-A 701.03

RSA 125-C:4, I(a); 40 CFR 70.9

Env-A 702.01 - 702.03

RSA 125-C:12, IV

Env-A 702.04

RSA 125:C:4, I(a); RSA 125-C:12, IV

Env-A 702.05

RSA 125:C:4, I(a); RSA 125-C:12, IV-d

Env-A 703.01 - 703.05

RSA 125-C:12, IV

Env-A 704.01 - 704.04

RSA 125-C:12, IV

Env-A 705.01

RSA 125-C:12, IV & V, 42 U.S.C. § 7661a, and 40 CFR §70.9

Env-A 705.02

RSA 125-C:12, IV & V

Env-A 705.03

RSA 125-C:12, IV & V, 42 U.S.C. § 7661a, and 40 CFR §70.9

Env-A 705.03(g)

RSA 125-C:12, IV-b; 42 U.S.C. § 7661a; 40 CFR §70.9

Env-A 705.04 - 705.08

RSA 125-C:12, IV & V

History

(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; amd by #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2853, eff 9-24-84; ss by #2938, eff 12-27-84; amd by #4123, eff 8-25-86; ss by #5033, eff 12-27-90 (formerly Env-A 706.01); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; ss by #9911, eff 4-26-11; ss by #12649, eff 10-24-18 (formerly Env-A 705.05)

Chapter Env-A 800 Testing and Monitoring Procedures

Part Env-A 801 Purpose, Applicability, and Submissions

N.H. Code Admin. R. Ann. Env-A 801.01 Purpose {#sec-env-a-801.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 801.01}

The purpose of this chapter is to establish minimum testing and monitoring procedures, calculation procedures, standards, and requirements in order to determine compliance with applicable state and federal statutes and rules.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 801.02 Applicability {#sec-env-a-801.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 801.02}

(a) The owner or operator of a stationary source, area source, or device who is required to perform testing or monitoring to determine compliance with RSA 125-C, any permit issued by the department under RSA 125-C, or the requirements of other provisions of Env-A 300 et seq., NH Rules Governing the Control of Air Pollution, shall follow the procedures specified in this chapter.

(b) The owner or operator of a source subject to Env-A 2900, Multiple Pollutant Annual Budget Trading and Banking Program, shall comply with the testing and monitoring requirements specified in this chapter and in Env-A 2900, but shall follow the requirements of Env-A 2900 in case of conflict between the 2 chapters.

(c) The owner or operator of a source subject to Env-A 3200, NOx Budget Trading Program, shall comply with the testing and monitoring requirements specified in this chapter and in Env-A 3200, but shall follow the requirements of Env-A 3200 in case of conflict between the 2 chapters.

(d) The owner or operator of a source subject to Env-A 4600, Carbon Dioxide (CO2) Budget Trading Program, shall comply with the testing and monitoring requirements specified in this chapter and in Env-A 4600, but shall follow the requirements of Env-A 4600 in case of conflict between the 2 chapters.

History

#7788, eff 10-31-02; ss by #9463, eff 4-22-09; ss by #9802, eff 10-31-10; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 801.03 Submission to and Other Contact with DES {#sec-env-a-801.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 801.03}

Any application, request, report, notification, or other information required or allowed by this chapter to be provided to the department and any notification required or allowed by this chapter to be provided to the department by telephone, fax, or email shall be submitted or directed as specified in Appendix B.

History

#12762, eff 5-1-19

Part Env-A 802 Compliance Stack Testing and Relative Accuracy Test Audit Procedures for Stationary Sources

N.H. Code Admin. R. Ann. Env-A 802.01 Purpose {#sec-env-a-802.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.01}

The purpose of this part is to establish minimum standards and requirements for performing compliance stack tests, and relative accuracy test audits (RATAs) for certification of continuous emissions monitoring (CEM) systems, to ensure that the collected data are accurate and representative of source operations.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.02 Stack Testing and RATA Requirements {#sec-env-a-802.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.02}

(a) A compliance stack emissions test or RATA shall conform to the following:

(1) The general requirements of 40 CFR 60.8(a), (b), (d), (e), and (f); and

(2) The test methods contained in 40 CFR 60, Appendix A, 40 CFR 51, Appendix M, or any other stack test method promulgated by the U.S. Environmental Protection Agency (EPA), or any alternative, conditional or other test method approved by the EPA, or any alternative method approved by the department in accordance with Env-A 809.

(b) An owner or operator shall sample emissions at locations and sampling points that will provide representative measurements of the actual emissions during source operation at the time of the test.

(c) The owner or operator shall perform a stratification check at each measurement location where a determination of a gas concentration is required following the method specified in 40 CFR 60, Appendix A, Method 7E, section 8.1.2.

(d) Prior to each compliance stack test or RATA that includes a measurement of stack volumetric flow rate, the owner or operator shall perform a verification of the absence of cyclonic flow following the method and acceptance criteria specified in 40 CFR 60, Appendix A, Method 1.

(e) In order to optimize the performance of a CEM system prior to conducting a RATA, the owner or operator may perform preliminary trial runs, which include routine and non-routine calibration adjustments, as described in section 2.1.3 of Appendix B of 40 CFR 75, at the zero or upscale calibration gas levels, provided that:

(1) If any other corrective maintenance, repair, re-linearization, or reprogramming of the CEM system is conducted the CEM system shall be considered out-of-control as defined in Env-A 808.01(j); and

(2) All emission data from the CEM system shall be considered invalid from the hour the corrective maintenance, repair, re-linearization, or reprogramming is conducted until a successful RATA is completed.

(f) If during a trial run prior to conducting a RATA the relative accuracy criteria specified in 40 CFR 60 or 40 CFR 75, as applicable, are not met, then:

(1) The trial run shall be counted as an aborted RATA attempt;

(2) The CEM system shall be considered out-of-control as defined in Env-A 808.01(j); and

(3) All emission data from the CEM system from the hour in which the RATA relative accuracy criteria is not met until a successful RATA is completed shall be invalid.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.03 Pre-test Notice {#sec-env-a-802.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.03}

(a) At least 30 days prior to the commencement of source testing, unless a longer period of notification is necessary to comply with a federal testing requirement, the owner or operator shall notify the department of the date(s) of any planned compliance stack testing or RATA testing.

(b) The department shall require the rescheduling of any compliance stack emissions test or RATA if the staff necessary to observe the test is not available.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.04 Pre-test Protocol {#sec-env-a-802.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.04}

Except for visible emissions compliance testing required by Env-A 802.12 or testing subject to Env-A 802.06, at least 30 days prior to the commencement of source testing, unless an earlier submittal is necessary to comply with a federal testing requirement, the owner or operator shall submit to the department a pre-test protocol with the following information:

(a) The facility name, address, telephone number, contact person, and email address;

(b) The name of the contractor testing company, company contact, telephone number, and email address;

(d) A complete test program description, including all test locations, all sampling points within the stack(s) or duct(s), sampling durations, number of test runs, and for multi-day tests, a schedule of the complete test program;

(e) A description of the process or device to be tested;

(f) A description of the operational mode of the process and any associated air pollution control equipment used during the testing period;

(g) A list of operational and process data to be collected;

(h) A list of test methods to be used, stack test data to be collected, and calculations that will be used to determine emissions;

(i) A description of any requested alternatives or deviations from standard EPA testing methods or from the requirements of this part, including the following information:

(1) The change that is being requested;

(2) The reason the change is being requested; and

(3) The effect the change is anticipated to have on the results;

(j) A list of calibration methods and sample data sheets;

(k) A description of pre-test and sampling equipment preparation procedures;

(l) A description of the sampling equipment set-up, sample collection and recovery, and any analysis methods done on-site;

(m) A description of quality assurance procedures specific to the testing, including any blanks and audit samples used;

(n) A description of standard operating procedures (SOPs) for laboratory analysis of samples, or reference to SOPs already on file with the department;

(o) A description of all chain-of-custody procedures for any samples being sent to an independent laboratory; and

(p) A description of facility safety and emergency response procedures applicable to the area of the facility in which the test will occur.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.05 Pre-test Meeting {#sec-env-a-802.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.05}

(a) Subject to Env-A 802.06, at least 15 days prior to the test date, the owner or operator and any contractor retained by the owner or operator to conduct the test shall meet with a department representative in person or over the telephone.

(b) The details of the test, the testing schedule, and the process conditions under which the data shall be collected, shall be finalized at the pre-test meeting.

(c) A pre-test meeting may be held less than 15 days prior to the test date so long as department staff are available for the meeting and implementation of any testing or operation changes resulting from the meeting can be carried out prior to the scheduled test date and the scheduled test integrity is not jeopardized.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.06 Repeating a Compliance Stack Test or RATA {#sec-env-a-802.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.06}

An owner or operator that repeats a compliance stack test or RATA on the same source shall not be required to submit another pre-test protocol or attend another pre-test meeting as specified in Env-A 802.04 and Env-A 802.05, provided that the following conditions are met:

(a) The department shall have approved the final report of the previous compliance stack test or RATA as submitted by the owner or operator and the stack testing contractor;

(b) The owner or operator shall use the same stack testing contractor;

(1) Follow all stack testing and plant operating conditions specified in the previously-accepted pre-test protocol; or

(2) Specify in detail any deviations from the previously-accepted pre-test protocol in the letter described in (d) below; and

(d) The owner, operator, or stack testing contractor shall submit a letter to the department referencing the previously-approved pre-test protocol and pre-test meeting and identifying in detail any deviations from the previously accepted pre-test protocol or pre-test meeting.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.07 Scheduling Changes {#sec-env-a-802.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.07}

(a) The owner or operator shall notify the department by telephone, fax, or electronic mail prior to any proposed changes in the testing schedule for a compliance stack test or RATA.

(b) The owner or operator shall obtain prior approval from the department, which shall be based on staff availability, of any new date for a compliance stack test or RATA.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.08 Calibration Data for Stack Sampling Equipment {#sec-env-a-802.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.08}

(a) The owner or operator shall provide calibration data for any sampling equipment used during the compliance stack test or RATA to the department upon request during the day of testing.

(b) The owner or operator shall provide copies of all calibration and field test data taken during the testing, including failed runs, to the department upon request.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.09 Alternative Testing Methods During a Test {#sec-env-a-802.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.09}

The department shall approve deviations from the agreed-upon test method or pre-test protocol only if the following criteria are met:

(a) The owner or operator informs department personnel assigned to the compliance stack test or RATA of the following:

(1) The deviation from the testing method or planned operational mode of the source;

(2) The reason(s) for the deviation; and

(3) The implications of such a deviation; and

(b) The owner or operator provides technical justification showing that allowance of such deviation will not affect the accuracy of the compliance stack test or RATA.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.10 Operating Conditions During a Compliance Stack Test or RATA {#sec-env-a-802.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.10}

(a) A compliance stack test shall be conducted under one of the following operating conditions:

(1) Between 90 and 100 percent, inclusive, of maximum production rate or rated capacity;

(2) A production rate at which maximum emissions occur; or

(3) At such operating conditions agreed upon during a pre-test meeting conducted pursuant to Env-A 802.05.

(b) A RATA shall be conducted:

(1) At a minimum of 50% of maximum production rate or rated capacity of the device on which the facility’s CEM system is installed; and

(2) At any other condition if necessary to comply with an applicable federal requirement.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.11 Report Submission Requirements {#sec-env-a-802.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.11}

(a) The owner or operator shall submit a report to the department that contains the information specified in (b), below, to document the results of the compliance stack test, no more than 60 days after completion of testing, and in (c) below, to document the results of the RATA testing, no more than 45 days after completion of the RATA.

(b) The compliance stack test report shall contain the following information:

(1) All the information required in the pre-test protocol as described in Env-A 802.04;

(2) All test data;

(3) All calibration data;

(4) Process data that the department and the owner or operator agreed would be collected;

(5) All test results;

(6) A description of any discrepancies or problems that occurred during testing or sample analysis;

(7) An explanation of how discrepancies or problems were treated and the effect, if any, on the final results; and

(8) A list and description of all equations used in the test report, including sample calculations for each equation used and a calculation showing all inputted values for each test run.

(1) All the information required in the pre-test protocol as described in Env-A 802.04;

(2) All the calibration data for the reference method monitoring system;

(3) Process data that documents the load or operating condition at which the RATA was conducted;

(4) All minute-averaged data from both the reference method monitoring system and facility CEM system for the time period of each RATA run;

(5) A description of any discrepancies or problems that occurred during testing;

(6) An explanation of how discrepancies or problems were treated and the effect, if any, on the final results; and

(7) A list and description of all calculations and equations used in the test report to determine the relative accuracy of the facility’s CEM system, including, for each calculation or equation, sample calculations showing the actual inputted values from the testing.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.12 Visible Emissions Testing Pursuant to 40 CFR 60 Subpart OOO {#sec-env-a-802.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.12}

The owner or operator of a non-metallic mineral processing plant that is required by Env-A 2800 to conduct visible emissions testing in accordance with 40 CFR 60 Subpart OOO shall:

(a) Notify the department at least 7 days prior to conducting the testing by providing the following:

(1) The name, mailing address, telephone number, and contact information of the owner of the non-metallic processing plant;

(2) The name, mailing address, telephone number, and contact information of the consultant or company conducting the visible emissions testing of the non-metallic processing plant;

(3) The address of the physical location where the non-metallic processing plant will be operated; and

(4) For each piece of equipment, including but not limited to crushers, grinding mills, bucket elevators, bagging operations, loading stations, conveyors, and screens, that is a component of the non-metallic processing plant and subject to the visible emissions standards of Env-A 2800, the following information:

a. A description of the equipment and year of installation;

b. The manufacturer of the equipment;

c. The serial number of the equipment; and

d. The maximum throughput of the equipment;

(b) Conduct the visible emissions testing within 60 days after achieving the maximum production rate at which the affected facility will be operated or 180 days after initial startup, whichever is sooner;

(c) No later than 60 days after the visible emissions testing is performed, file with the department a summary report of the results of the visible emissions testing that includes the following:

(1) The emission points that were observed and where visible emissions were assessed;

(2) The rate of processing of material through the non-metallic mineral processing plant during the test;

(3) An indication of whether each emission point passed or failed the visible emissions test;

(4) The name of the person that performed the visible emissions testing, and the date the person was most recently certified to perform US EPA Test Method 9 prior to the date of the test; and

(5) A copy of the Method 9 certification for the person(s) that performed the visible emissions test; and

(d) Retain the data sheets completed during the visible emissions testing by the US EPA Method 9-certified observer at the facility and make such data sheets available to the department upon request.

History

#9802, eff 10-31-10; ss by 12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 802.13 Compliance Stack Testing for Emissions of Nitrogen Oxides (NOx) or Carbon Monoxide (CO) {#sec-env-a-802.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 802.13}

An owner or operator of a source required to conduct compliance stack testing for either NOx or CO shall simultaneously conduct compliance stack testing for both NOx and CO.

History

#12762, eff 5-1-19

Part Env-A 803 NOx RACT TESTING REQUIREMENTS

N.H. Code Admin. R. Ann. Env-A 803.01 Purpose {#sec-env-a-803.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.01}

The purpose of this part is to specify the testing requirements for demonstrating compliance with Env-A 1300 relative to oxides of nitrogen (NOx).

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 803.02 Initial Compliance Stack Testing for NOx {#sec-env-a-803.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.02}

(a) Owners and operators of all sources subject to Env-A 1300 other than those devices specified in Env-A 803.05 and those sources whose owners or operators opt out of the NOx RACT regulation in accordance with Env-A 1301.02(m) shall conduct an initial compliance stack test in accordance with Env-A 802 to demonstrate compliance with the applicable NOx RACT emission standards and control options specified in Env-A 1303 through Env-A 1313.

(b) The initial compliance stack test required by (a), above, shall be performed:

(1) For an existing device, within 120 calendar days of the date the device becomes subject to Env-A 1300; or

(2) For a new source or device, by the earlier of 60 days of achieving the maximum production rate or 180 days from startup.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 803.03 Periodic Compliance Stack Testing for NOx {#sec-env-a-803.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.03}

(a) Owners or operators of stationary sources subject to Env-A 1300, with the exception of those devices specified in Env-A 803.05, those sources whose owners or operators opted out of the NOx RACT regulation in accordance with Env-A 1301.02(m), and those sources with a NOx continuous emission monitoring system certified, operated, and maintained in accordance with Env-A 808, shall conduct periodic compliance stack testing in accordance with Env-A 802 to demonstrate compliance with the applicable NOx RACT air pollution control requirements specified in Env-A 1303 through Env-A 1313.

(b) The periodic compliance stack testing required by (a), above, shall be conducted at least once every 3 years, or within 12 calendar quarters, after the date of the initial compliance stack test.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #8234, eff 12-22-04; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 803.04 Test Methods for Compliance Stack Testing for NOx {#sec-env-a-803.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.04}

(a) Subject to (b), below, the following test methods shall be used for the compliance stack testing required by Env-A 803.02 and Env-A 803.03, as applicable:

(1) Method 7, 7A, 7C, 7D, or 7E as described in 40 CFR 60, Appendix A, to determine NOx concentrations in stack gases;

(2) Method 10 as described in 40 CFR 60, Appendix A, to determine carbon monoxide concentrations in stack gases;

(3) Method 1 and Method 2, 2C, 2F, 2G, or 2H, as described in 40 CFR 60, Appendix A, to determine the exit flow rate of stack gases;

(4) Method 3 or 3A as described in 40 CFR 60, Appendix A, to determine carbon dioxide, oxygen, excess air and molecular weight, dry basis, of stack gases; and

(5) Method 4 as described in 40 CFR 60, Appendix A, to determine the volume fraction of water vapor in stack gases.

(b) The owner or operator may use Method 20 as described in 40 CFR 60, Appendix A, in lieu of the methods identified in (a), above, to determine NOx concentrations in stationary gas turbine stack gases.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; amd by #8234, eff 12-22-04; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 803.05 Testing for Small Boilers and Emergency Generators {#sec-env-a-803.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.05}

An owner or operator of any of the following boilers or emergency generators shall comply with the requirements of Env-A 803.06:

(a) Utility boilers subject to Env-A 1303 with heat input rates of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per hour;

(b) Steam electric boilers subject to Env-A 1304 with heat input rates of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per hour;

(c) Industrial boilers subject to Env-A 1305 with heat input rates of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per hour;

(d) Emergency generators subject to Env-A 1311 that allow for manual adjustment of the air-to-fuel ratio or ignition timing in order to affect the combustion process; and

(e) Auxiliary boilers subject to Env-A 1312 with heat input rates of at least 5,000,000 Btu per hour but less than 50,000,000 Btu per hour.

History

#9802, eff 10-31-10 (from Env-A 803.03); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 803.06 Gaseous Concentration Measurements for Small Boilers and Emergency Generators {#sec-env-a-803.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 803.06}

(a) The owner or operator of a small boiler or an emergency generator described in Env-A 803.05 shall perform applicable gaseous concentration measurements, before and after the tune-up, for nitrogen oxides (NOx), carbon monoxide (CO), and oxygen (O2) as specified in (b) through (g), below.

(b) Subject to (c), below, the gaseous concentration measurements shall be made using:

(1) An analyzer meeting the specifications set forth in the applicable sections of 40 CFR 60, Appendix B, Performance Specifications 2 through 4;

(2) A portable extractive monitor using an electrochemical sensor for performing the gas concentration measurement; or

(3) An alternative portable extractive monitor at least as accurate as the analyzer using an electrochemical sensor as specified in (b)(2), with the prior approval of the department and in accordance with Env-A 809.

(d) A concentration monitor shall be calibrated for each gas being measured:

(1) At least as frequently as recommended by the manufacturer; and

(2) No earlier than 12 months prior to its use under this section.

(e) Documentation of the most recent calibration of the concentration monitor shall be maintained on-site.

(f) All measurements shall be recorded after stable operation of the boiler has been reached and shall be made on either a dry or wet basis, as long as the same basis is used for all gas concentration measurements.

(g) All concentration measurements shall be maintained on site.

History

#9802, eff 10-31-10 (from Env-A 803.04); ss by #12762, eff 5-1-19

Part Env-A 804 Volatile Organic Compound Testing

N.H. Code Admin. R. Ann. Env-A 804.01 Purpose {#sec-env-a-804.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.01}

The purpose of this part is to specify volatile organic compound (VOC) liquid and VOC gas testing, measurement, and calculation requirements.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.02 Applicability {#sec-env-a-804.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.02}

This part shall apply to all sources subject to Env-A 1200, Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT).

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.03 Indication of the VOC Content of a Coating {#sec-env-a-804.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.03}

(a) VOC coating information based upon supplier or stationary source formulation data shall be prima facie evidence of the actual VOC content of the coating.

(b) An owner or operator relying on supplier formulation data to determine the actual VOC content of a coating shall record all of the information required by the VOC data sheet found on page II-2 of EPA document EPA-450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings, 1984.

(c) An owner or operator relying on stationary source formulation data to determine the actual VOC content of a coating shall record all of the information required by the VOC data sheet found on page III-2 of EPA document EPA-450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings, 1984.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.04 Determination of Compliance for VOC Coatings {#sec-env-a-804.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.04}

(a) To determine a facility’s compliance with Env-A 1200, the owner or operator shall use one of the following methods, as applicable:

(1) Method 24 as described in 40 CFR 60, Appendix A, using the 60-minute bake time procedure for test ASTM D 2369-10; or

(2) Method 24A as described in 40 CFR 60, Appendix A.

(b) Where one or more coating or diluent of the coating formulation chemically reacts with another coating or diluent, in lieu of the methods specified in (a) above, the owner or operator shall:

(1) Obtain separate samples of each coating or diluent;

(2) Mix the coatings or diluents in a container in the same proportions as those in the formulation, as applied;

(3) Keep the container in which mixing takes place closed between additions and during mixing;

(4) Hold approximately 100 ml of the mixture in a container designed and chosen to minimize headspace prior to withdrawing a sample;

(5) Withdraw a sample from the mixture, transfer the sample to a tared dish, and allow it to stand for a minimum of one hour, but not more than 24 hours, prior to conducting a Method 24 or 24A analysis; and

(6) Conduct a Method 24 or 24A analysis of the coating sample.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.05 Calculation of VOC Content of a Coating Formulation {#sec-env-a-804.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.05}

The owner or operator of a VOC source subject to a pounds VOC per gallon of coating standard as specified in Env-A 1200, which uses a coating that contains more than one VOC component, shall calculate the VOC content of the coating using the following formula, provided no chemical reaction occurs during the formulation process:

(a) “Pounds per gallon of coating (P)” means the VOC content of the coating formulation, as applied, used on a coating line or operation in units of pounds (lb) of VOC per gallon (gal) of coating or kilograms (kg) of VOC per liter (l) of coating, minus water and exempt VOC compounds;

(b) “n” means the number of different coatings or diluents, as applied, used in the coating formulation;

(d) “Vi” means the volume of the coating or diluent i, as applied, used in the coating formulation in units of gallons or liters, minus water and exempt VOC compounds;

(e) “Ci” means the VOC content of the coating or diluent i, as applied, used in the coating formulation in units of lb of VOC/gal of coating, or kg of VOC/l of coating less water and exempt VOC compounds, as determined from the Method 24 or 24A analysis and the calculation procedures in Section 2.2 of EPA-340/1-86-016, A Guideline for Surface Coating Calculations, July, 1986;

(f) “VT” means the total volume of the coating formulation, as applied, in units of gallons or liters, minus water and exempt VOC compounds; and

(g) P shall be equal to the sum of the products of Vi and Ci for coatings or diluents one through n divided by VT , as in the following equation:

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; ss by #6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.06 Calculation of Daily-Weighted Average for a Coating Line Using Multiple Coatings {#sec-env-a-804.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.06}

The owner or operator of a coating source subject to a pounds VOC/gallon coating standard as specified in Env-A 1200, using multiple coatings on a single line, may choose to demonstrate compliance with such standard by calculating a daily-weighted average as follows:

(a) “Pounds per gallon of coating, daily-weighted (PW)” means the daily‑weighted average VOC content of the coatings, as applied, used on a coating line or operation in units of lb VOC per gal of coating or kg VOC per l of coating, minus water and exempt VOC compounds;

(b) “n” means the number of different coatings or diluents, as applied, used each day on a coating line or operation;

(d) “Vi” means the volume of the coating or diluent i, as applied, used each day on a coating line or operation in units of gal or l, minus water and exempt VOC compounds;

(e) “Ci” means the VOC content of the coating or diluent i, as applied, used each day on a coating line or operation in units of lb VOC/gal of coating, or kg VOC/l of coating less water and exempt VOC compounds, as determined from the Method 24 or 24A analysis and the calculation procedures in section 2.2 of EPA-340/1-86-016, A Guideline for Surface Coating Calculations, July, 1986;

(f) “VT” means the total volume of all coatings, as applied, used each day on a coating line or operation in units of gal or l, minus water and exempt VOC compounds; and

(g) The PW shall be equal to the sum of the products of Vi and Ci for coatings or diluents one through n, divided by VT , as in the following equation:

History

#6087, eff 8-31-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.07 Calculation of Emission Standard for Sources Complying with VOC RACT Using Either a Bubble or Add-On Controls {#sec-env-a-804.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.07}

For a coating source that uses add-on control equipment or a bubble to achieve compliance with Env-A 1200, the overall emission standard shall be calculated as follows:

(a) “Pounds VOC per gallon of solids, emission standard (S)” means the VOC emission standard in terms of lb VOC/gal of coating solids, or kg VOC/l of coating solids, as applied;

(b) “Pounds VOC per gallon of coating, emission standard (Ec)” means the VOC emission standard in terms of lb VOC/gal of coating, or kg VOC/l of coating, as applied, minus water and exempt compounds, obtained from the appropriate section of Env-A 1200;

(c) “dA” means the actual mass density of the VOC in the applied surface coating formulation in terms of lb/gal or kg/l. For those stationary sources that have multiple coating lines feeding the add-on control equipment, dA means the weighted average actual mass density of the VOC in the applied surface coatings in terms of lb/gal or kg/l; and

(d) S shall be equal to Ec divided by the difference between one and the quotient of Ec and dA, as in the following equation:

History

#6087, eff 8-31-95 (formerly Env-A 804.05); ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.08 Calculation of Daily-Weighted Average for Coating Lines With Bubble or Control Device {#sec-env-a-804.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.08}

The owner or operator of a coating source that complies with Env-A 1200, by using add-on control equipment or a bubble and which is subject to a pounds VOC/gallon of coating solids standard shall demonstrate compliance with such standard by calculating a daily-weighted average in pounds VOC/gallon solids as follows:

(a) “Pounds VOC per gallon of solids, daily-weighted (SW)” means the daily weighted average VOC content, as applied, of the coatings used on multiple coating lines or operation in units of lb VOC/gal of coating solids or kg/l of coating solids;

(b) “n” means the number of different coatings and dilution solvents, as applied, used in a day on a coating line or operation;

(d) “Vi” means the volume of the coating or dilution solvent i as applied, used in a day on a coating line or operation in units of gal or l;

(e) “Wi” means the weight fraction of VOC of the coating or dilution solvent i as applied, minus water and exempt VOC compounds, used in a day on a coating line or operation in units of lb VOC/lb coating, or kg VOC/kg coating as determined from Method 24 or 24A analysis;

(f) “Di” means the density of the coating or dilution solvent i in units of lbs/gal coating or kg/l coating as determined from Method 24 or 24A analysis;

(g) “Fi” means the volume fraction solids content of each coating i, as applied, used in a day on a coating line, in units of gal solids/gal coating or liter (l) solids/l coating as determined by calculation using the formulation; and

(h) SW shall be equal to the sum of the products of Vi, Wi, and Di for coatings or dilution solvents one through n, divided by the sum of the products of Vi and Fi for coatings or dilution solvents one through n, as in the following equation:

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.09 Calculation of Required Overall Emission Reduction Efficiency of a Control System {#sec-env-a-804.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.09}

The owner or operator of a coating source using add-on control equipment or a bubble to achieve compliance with Env-A 1200, shall calculate the required emission reduction efficiency of the control system as follows:

(a) “RE” means the required overall emission reduction efficiency of the control system for the day, expressed as a percentage;

(b) “M” means the maximum VOC content of the coatings, as applied, used each day on the subject coating line or operation, in units of lbs of VOC/gal of coating solids, as determined by the applicable test methods and procedures specified in this section and the calculation examples presented in section 2 of EPA Document Number EPA-340/1-86-016, A Guideline for Surface Coating Calculations, July, 1986;

(c) “S” means the VOC emission standard in terms of lb/gal, or kg/l, of coating solids as calculated in accordance with Env-A 804.07; and

(d) RE shall be equal to the difference between M and S, multiplied by 100 and divided by M, as in the following equation:

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.10 Calculation of Actual Overall Emission Reduction Efficiency of a Control System {#sec-env-a-804.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.10}

The owner or operator of a coating source using add-on control equipment to achieve compliance with Env-A 1200, shall determine the measured overall emission reduction efficiency of the control system as follows:

(a) “EMEAS” means the measured overall emission reduction efficiency of the control system for the day, expressed as a percentage;

(b) “CE” means the most recent capture efficiency test results, in percentage of VOC captured, as determined in accordance with Env-A 805;

(d) The EMEAS shall be equal to the product of CE divided by 100, RE divided by 100, and 100, as in the following equation:

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.11 Compliance Determination of a Control System {#sec-env-a-804.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.11}

For a coating source using add-on control equipment, the control system shall be determined to be in compliance with its overall emission standard when, on a daily basis, EMEAS is greater than or equal to the RE, as those terms are defined in Env-A 804.10.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.12 Initial Compliance Stack Testing for VOCs {#sec-env-a-804.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.12}

(a) The owner or operator of a stationary source that achieves compliance with Env-A 1200, through the operation of an add-on control system shall perform initial compliance stack testing in accordance with Env-A 802 and Env-A 804.14 to determine the control efficiency of the add-on control system.

(b) Compliance stack testing required by this section shall be performed within 180 days of the date that the source becomes subject to Env-A 1200 or within 60 days of startup of the control device, whichever is later.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.13 Periodic Compliance Stack Testing for VOCs {#sec-env-a-804.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.13}

(a) The owner or operator of a stationary source that achieves compliance with Env-A 1200 through the operation of add-on control equipment shall perform periodic stack testing to demonstrate compliance by performing one of the following:

(1) Within 5 years of the date of the initial stack test required by Env-A 804.12 and at least once every 5 years thereafter, or within 20 calendar quarters, a compliance stack test to demonstrate compliance with the VOC emission limit, or that the control device is at or above the minimum required destruction or removal efficiency, as stipulated in the permit; or

(2) Within 5 years of the date of the initial stack test required by Env-A 804.12 and at least once every 4 calendar quarters thereafter, a performance verification, in accordance with the conditions of the source's permit, that the emissions of VOCs have not increased or the efficiency of the control device has not deteriorated such that the source no longer complies with the VOC emissions limit or destruction efficiency.

(b) If the performance verification in (a)(2), above, indicates that VOCs have increased or that the control device efficiency has deteriorated since the last compliance test such that the source is not able to verify its compliance with the VOC emissions limit or destruction efficiency, the owner or operator shall conduct a compliance stack test within 60 days of the performance verification.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.14 Test Methods for Compliance Stack Testing for VOCs {#sec-env-a-804.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.14}

(a) The owner or operator of a stationary source performing compliance stack testing in order to demonstrate compliance with Env-A 1200 shall use the following test methods, as applicable:

(1) Methods 1-4 in 40 CFR 60, Appendix A, for determining flow rates; and

(2) Methods 18, 25, 25A or 25B in 40 CFR 60, Appendix A, for determining gaseous organic concentrations.

(b) For purposes of this section, parts per million by volume (ppmv) shall be expressed:

(1) In terms of the calibration gas used during the stack test or as the actual constituent measured; and

(2) On the same basis as the outlet concentration.

(c) Measurements made pursuant to this section may be on a wet or dry basis but shall be consistent with the basis of all concentration and volumetric flow values used in the formula in (d), below.

(d) The removal efficiency of the add-on control system shall be determined, as applicable, by simultaneously measuring the inlet and outlet gas-phase VOC concentrations and gas volumetric flow rates using the testing methods specified above and the following formula:

(1) “RE” means the VOC removal efficiency of the control device in percentage;

(2) “Qi” means the volumetric flow rate of the inlet gas flowing into the control device, in standard cubic feet per hour (SCFH);

(3) “Ci” means the concentration of VOC flowing into the control device, in ppmv;

(4) “n” means the number of input gaseous streams feeding the control device;

(5) “Qo” means the volumetric flow rate of the outlet gas exiting the control device, in SCFH;

(6) “Co” means the concentration of VOC exiting the control device, in ppmv;

(7) “m” means the number of emission vents leaving the control device; and

(8) RE shall be equal to the sum of the products of Qi and Ci for input gaseous streams one through n, minus the sum of the products of Qo and Co for emission vents one through m, divided by the sum of the products of Qi and Ci for input gaseous streams one through n, the entire quantity multiplied by 100 to convert to percentage, as in the following equation:

RE= x100

(e) The owner or operator of a stationary source that achieves compliance with Env-A 1200 through the operation of an add-on control system shall also perform capture efficiency testing as applicable in accordance with Env-A 805.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.15 Mass Balance Alternative to Compliance Stack Testing for VOC {#sec-env-a-804.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.15}

For a stationary source using a control device designed to collect and recover VOC, such as a carbon adsorber, the mass balance alternative test as specified in Env-A 805.06 for the combined capture efficiency and control efficiency may be performed in place of compliance stack testing specified in Env-A 804.12.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.16 Rotogravure and Flexographic Printing and Graphics {#sec-env-a-804.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.16}

(a) For rotogravure and flexographic printing and graphics operations compliance shall be determined using the test methods specified in either (b) or (c), below.

(b) For an operation using low solvent inks to achieve compliance with Env-A 1200, the applicable test method in Env-A 804.04 shall apply as follows:

(1) Compliance shall be determined for each ink or each ink blend on an instantaneous basis; and

(2) For ink blends containing multiple constituents, the average percentage VOC shall be determined as follows:

a. “VA” means the average volume percentage VOC content in the ink formulation used minus water and exempt VOC compounds;

b. “n” means the number of different constituents, used in the ink formulation;

c. “Vi” means the volume percentage VOC content in the ink constituent “i” minus water and exempt VOC compounds;

d. “Fi” means the volume fraction of constituent “i” used in the ink formulation; and

e. The VA shall be equal to the sum of the products of Fi and Vi for ink constituents one through n, as in the following equation:

(c) For an operation using a control system to achieve compliance with Env-A 1200, the following test methods and procedures, as applicable, shall apply:

(1) Env-A 802, Compliance Stack Testing for Stationary Sources;

(2) Env-A 804.12 through Env-A 804.14, Compliance Stack Testing for VOCs;

(3) Env-A 804.15, Mass Balance Alternative to Compliance Stack Testing for VOC; and

(4) Env-A 805, Capture Efficiency.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.14); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.17 Testing Fountain Solutions in Offset Lithography {#sec-env-a-804.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.17}

To determine compliance with Env-A 1216.03(c), the owner or operator of a business that operates an offset lithographic printing press shall use the methods prescribed below:

(a) The VOC content of the fountain solution, which is the mixture used to maintain the quality of the printing plate, shall be determined by one of the following procedures:

(1) The applicable test method specified in Env-A 804.04;

(2) Measurement of an in-use sample of fountain solution with a hydrometer or refractometer that has been standardized using the procedures of (3)c.1. or (3)c.2., below, which demonstrates that the value so obtained is not more than 10% greater than the value determined in accordance with the procedures specified in (a)(1), above;

(3) Monitoring with a refractometer, in accordance with the following procedure:

a. The refractometer shall be corrected for temperature at least once per 8-hour shift or once per batch, whichever is longer;

b. The refractometer shall have a visual, analog, or digital readout with an accuracy of +0.5%; and

c. The refractometer shall be calibrated by one of the following methods:

Using a standard solution to calibrate the refractometer for the type of alcohol used in the fountain solution; or
Standardizing the refractometer against measurements and calculations performed in accordance with Env-A 804.04;

(4) Monitoring with a hydrometer, according to the following procedure:

a. Temperature correction shall be achieved as follows:

The hydrometer shall be equipped with temperature correction; or
Readings shall be adjusted for temperature;

b. Hydrometer monitoring shall be performed at least once per 8-hour shift or once per batch, whichever is longer;

c. The hydrometer shall have a visual, analog, or digital readout with an accuracy of +0.5%; and

d. The hydrometer shall be calibrated by one of the following methods:

Using a standard solution to calibrate the hydrometer for the type of alcohol used in the fountain; or
Standardizing the hydrometer against measurements or calculations performed in accordance with Env-A 804.04; or

(5) Where a refractometer or hydrometer cannot be used to monitor the type of VOCs in the fountain solution, monitoring with a conductivity meter in accordance with the following:

a. The reading of the conductivity meter shall be referenced to the conductivity of the incoming water; and

b. The conductivity meter shall be calibrated by one of the following methods:

Using a standard solution to calibrate the conductivity meter for the type of alcohol used in the fountain; or
Standardizing the conductivity meter against measurements or calculations performed in accordance with Env-A 804.04; and

(b) Compliance with the fountain solution temperature requirements imposed by the options of Env-A 1216.03(c)(2) for web-fed heatset operations, where heat is used to set the printing ink on a continuous roll of paper, or Env-A 1216.03(d)(2) for sheet-fed operations, shall be demonstrated by:

(1) Using a thermometer or other temperature detection device capable of reading to within ±0.5 degrees F; and

(2) Reading and recording the output of the temperature instrument at least once per operating day to verify proper operation of the refrigeration system.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.15); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.18 Testing Cleaning Solutions in Offset Lithography {#sec-env-a-804.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.18}

To determine compliance with Env-A 1216.02(a), the owner or operator of a business that operates an offset lithographic printing press shall use the methods prescribed below:

(a) The VOC content of the cleaning solution shall be determined by the applicable test methods specified in Env-A 804.04;

(b) The VOC composite partial vapor pressure of the cleaning solution pursuant to the option specified in Env-A 1216.02(a)(2) shall be determined using one of the following procedures:

(1) An alternate analytical method approved by the department in accordance with Env-A 809; or

(2) A calculation which combines on a volumetric basis the analytical VOC vapor pressure data for the constituents of the cleaning solution based on records of the proportions in which they are mixed to make the press-ready cleaning solution; and

(c) An owner or operator of a business that operates an offset lithographic printing press choosing to demonstrate compliance with the VOC limitations specified in Env-A 1216.02(a)(1) and equipped with automatic devices that mix cleaning solution at the point of application shall employ flow meters or fixed-volume spray systems to monitor water and cleaning solution application rates.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.16); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.19 Determining Control Efficiencies in Offset Lithography {#sec-env-a-804.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.19}

Compliance with the control efficiency requirements for an add-on control device used to reduce VOC emissions from the dryer exhaust of heatset inks used in offset lithography, pursuant to Env-A 1216.03(a), shall be demonstrated using the test methods and procedures described in the following rules, as applicable:

(a) Env-A 802, Compliance Stack Testing for Stationary Sources;

(b) Env-A 804.12 through Env-A 804.14, Compliance Stack Testing for VOCs;

(d) Env-A 805, Capture Efficiency.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.17); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.20 Fixed-roof VOC Storage Tanks {#sec-env-a-804.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.20}

When performing a visual inspection of the internal floating roof and its closure seal(s) as required by Env-A 1200, the owner or operator of a fixed-roof VOC storage tank shall inspect for all of the following:

(a) The cover shall be uniformly floating on or above the liquid;

(b) The surface of the cover shall have no visible defects;

(d) The seal shall be intact and uniformly in place around the circumference of the cover between the cover and tank wall.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.18); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.21 External Floating Roof VOC Storage Tanks {#sec-env-a-804.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.21}

The owner or operator of a VOC storage tank with an external floating roof shall perform the following actions:

(a) A visual inspection of the secondary seal gap during semi-annual inspections; and

(b) When the roof is equipped with a vapor-mounted primary seal, annual measurement of the secondary seal gap in accordance with the following procedure:

(1) The length and width of all gaps around the entire circumference of the secondary seal shall be measured in each place where a 0.32 cm or 0.125 in. uniform diameter probe passes freely, without forcing or binding against the seal, between the seal and tank wall; and

(2) The sum of the areas of the individual gaps shall be calculated.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 804.19); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.22 Bulk Gasoline Loading Terminals {#sec-env-a-804.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.22}

The owner or operator of a bulk gasoline loading terminal shall use the following test methods:

(a) The test methods and procedures specified for vapor control units in 40 CFR 60.503; and

(b) Method 27 as described in 40 CFR 60, Appendix A, for vapor tightness of gasoline delivery.

History

#9802, eff 10-31-10 (from Env-A 804.20); ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 804.23 Solvent Metal Cold Cleaners, Open Top Degreasing and Conveyorized Degreasing {#sec-env-a-804.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 804.23}

The owner or operator of a solvent metal cold cleaner, open top vapor degreasing operation, or conveyorized degreasing operation shall use the following test methods:

(a) Visual inspection for compliance with equipment specifications and operating procedures; and

(b) When compliance is by add-on control systems:

(1) Methods 1-4 in 40 CFR 60, Appendix A, for determining flow rates;

(2) Methods 18, 25, 25A or 25B in 40 CFR 60, Appendix A, for determining gaseous organic concentrations; and

(3) ASTM D323-08 for measuring solvent true vapor pressure.

History

#9802, eff 10-31-10 (from Env-A 804.21); ss by #12762, eff 5-1-19

Part Env-A 805 Capture Efficiency (ce)

N.H. Code Admin. R. Ann. Env-A 805.01 Scope {#sec-env-a-805.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.01}

The capture efficiency (CE) testing requirements of this section shall apply to all VOC-emitting processes that are subject to the provisions of Env-A 1206 through Env-A 1222, where it has been determined by the department that CE testing is required to demonstrate compliance with those provisions.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.02 Definitions {#sec-env-a-805.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.02}

For the purposes of this part, the following definitions shall apply:

(a) “Average face velocity” means the velocity at an emissions collection point as calculated by dividing the average volumetric flow rate by the total of the face of the collection;

(b) “Building enclosure (BE)” means a structure that:

(1) Contains a VOC-emitting process; and

(2) Meets the specifications given in 40 CFR 51, Appendix M, Method 204;

(c) “Capture” means the containment or recovery of emissions from a process for direction into an exhaust duct which leads to a stack or a control device;

(d) “Capture efficiency (CE)” means the weight per unit of time of VOC entering a capture system and delivered to a control device divided by the weight per unit time of total VOC emitted by an emission source of VOC expressed as a percentage;

(e) “Capture system” means any other equipment that contains, collects or transports an air pollutant to a control device, such as hoods, ducts, fans, booths, ovens, and dryers;

(f) “Control device” means equipment used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge into the ambient air, such as an incinerator or carbon adsorber;

(g) “Control system” means a combination of one or more capture system(s) and control device(s);

(h) “Destruction or removal efficiency” means the efficiency, expressed as a percentage, of a control device in destroying or removing contaminants calculated as one minus the ratio of the amount of VOC exiting the control device to the amount of VOC entering the control device;

(i) “Gas/gas method” means a method for determining capture efficiency which relies only on gas phase measurements, either by:

(1) Construction of a temporary total enclosure (TTE) to assure all would-be fugitive emissions are measured; or

(2) Use of a building or room that houses the emission source as a BE;

(j) “Hood” means a partial enclosure or canopy for capturing and exhausting, by means of a draft, the organic vapors or other fumes rising from a coating process or other source;

(k) “Liquid/gas method” means a method for determining capture efficiency which requires both gas phase and liquid phase measurements and analysis, either by:

(1) Construction of a temporary total enclosure (TTE); or

(2) Use of a building or room that houses the emission source as a BE;

(l) “Method 204” means the criteria for and verification of a permanent or temporary total enclosure as specified in 40 CFR 51, Appendix M;

(m) “Method 204A” means the procedure for determining the VOC content in a liquid input stream as specified in 40 CFR 51, Appendix M;

(n) “Method 204B” means the procedure for determining the VOC emissions in a captured stream as specified in 40 CFR 51, Appendix M;

(o) “Method 204C” means the procedure for determining the VOC emissions in a captured stream as specified in 40 CFR 51, Appendix M;

(p) “Method 204D” means the procedure for determining the VOC emissions in a fugitive stream from a temporary total enclosure as specified in 40 CFR 51, Appendix M;

(q) “Method 204E” means the procedure for determining the VOC emissions in a fugitive stream from a building enclosure as specified in 40 CFR 51, Appendix M;

(r) “Method 204F” means the procedure for determining the VOC content in a liquid input stream, such as the distillation approach, as specified in 40 CFR 51, Appendix M;

(s) “Overall control” means, for a solvent recovery system, the ratio of the total recovered solvent VOC in a control device to the sum of the liquid VOC input to all process lines venting to the control system;

(t) “Overall emission reduction efficiency” means the weight per unit time of VOC removed or destroyed by a control device divided by the weight per unit time of VOC emitted by an emission source, expressed as a percentage, and is the product of the capture efficiency and the control equipment destruction or removal efficiency;

(u) “Permanent total enclosure (PTE)” means a structure that:

(1) Is permanently installed to completely surround a source of VOC emissions such that all emissions are captured and contained for discharge to a control device; and

(2) Meets the specifications given in Method 204; and

(v) “Temporary total enclosure (TTE)” means a structure that:

(1) Is installed to completely surround a source of VOC emissions such that all emissions that are not directed through the control device are captured by the enclosure and contained for discharge through ducts that allow for the accurate measurement of the uncaptured VOC emissions;

(2) Is installed solely for the purpose of measuring uncaptured VOC emissions;

(3) Is removed after testing is completed; and

(4) Meets the specifications given in Method 204.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.03 Requirements for CE Testing {#sec-env-a-805.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.03}

(a) Detailed requirements for CE testing shall be as specified in this section and in the Guidelines for Determining Capture Efficiency (GFDCE), Candace Sorrell, Source Characterization Group A (MD-19), Emission Monitoring and Analysis Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, January 9, 1995.

(b) An owner or operator of a source that uses a control device in order to comply with Env-A 1200 shall perform CE testing whenever compliance stack testing is required to be performed in accordance with Env-A 804.

(1) Perform one of the CE test procedures specified in Env-A 805.04;

(2) Use one of the alternative CE test procedures specified in Env-A 805.05; or

(3) Use an alternative CE test procedure in accordance with Env-A 809.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92, EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.04 CE Procedures {#sec-env-a-805.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.04}

(a) For the gas/gas method using a TTE, as described in Method 204, the CE shall be determined by the following procedure:

(1) "CE" means the capture efficiency calculated as a decimal fraction;

(2) "G" means the mass of VOC captured and delivered using TTE, obtained using Method 204C, or if a single flame ionization analyzer (FIA) device cannot be used simultaneously for Method 204D and Method 204C, Method 204B may be used for the determination of G;

(3) "F" means the mass of fugitive VOC that escapes from TTE, obtained using Method 204D; and

(4) CE shall be obtained by dividing G by the sum of G and F, as in the following equation:

CE = G/(G + F)

(b) For the liquid/gas method using TTE, as described in Method 204, the CE shall be determined by the following procedure:

(1) “CE” means the capture efficiency calculated as a decimal fraction;

(2) “L” means the mass of liquid VOC input to process, obtained using Method 204A or Method 204F;

(3) “F” the mass of fugitive VOC that escapes from a TTE, obtained using Method 204D; and

(4) CE shall be means obtained by dividing the difference between L and F by L, as in the following equation:

CE = (L - F)/L

(c) For the gas/gas method using as the enclosure the BE in which the affected source is located and in which G and FB, as defined in (c)(2), below, are measured while operating only the affected facility:

(1) All fans and blowers in the BE shall be operated as they would under normal production; and

(2) The CE shall be determined as follows:

a. “CE” means the capture efficiency calculated as a decimal fraction;

b. “G” means the mass of VOC captured and delivered to a control device, obtained using Method 204C, or if a single FIA device cannot be used simultaneously for Method 204E and Method 204C, Method 204B may be used for the determination of G;

c. “FB” means the mass of fugitive VOC that escapes from the BE, obtained using Method 204E; and

d. CE shall be obtained by dividing G by the sum of G and FB, as in the following equation:

CE = G/(G + FB)

(d) For the liquid/gas method using as the enclosure the BE in which the affected source is located and in which L and FB, as defined in (d)(2), below, are measured while operating only the affected facility:

(1) All fans and blowers in the BE shall be operated as they would under normal production; and

(2) The CE shall be determined as follows:

a. “CE” means the capture efficiency calculated as a decimal fraction;

b. “L” means the mass of liquid VOC input to process, obtained using Method 204A or Method 204F;

c. “FB” means the mass of fugitive VOC that escapes from the BE, obtained using Method 204E; and

d. The CE shall be obtained by dividing the difference between L and FB by L, as in the following equation:

CE = (L - FB)/L

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.05 Alternative CE Procedures for Control Devices Other Than Solvent Recovery Systems {#sec-env-a-805.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.05}

(a) If a source installs a PTE that meets EPA specifications as described in Method 204 and which directs all VOC to a control device, the CE shall be assumed to be 100%, and the source shall be exempt from the CE testing requirements described in this part. A source that has installed a PTE shall not be exempt from the compliance stack testing requirements of any control device required under these or any other rules.

(b) A source choosing to demonstrate that it meets the criteria for a PTE shall submit the following to the department:

(1) Documentation showing that all Method 204 criteria for a PTE were met during the testing for control efficiency of the add-on control device; or

(2) For any time period other than during testing of the add-on control device for control efficiency, documentation which demonstrates that the operation of the control system occurred under the same conditions experienced during the control device compliance stack test.

(c) The data quality objective (DQO) approach as specified in the GFDCE, Section 3.1, may be used as an alternative method for determining CE using the Method 204 through Method 204F test series, in conjunction with the additional criteria specified in Section 3.3 of the GFDCE and the reporting and recordkeeping requirements of Section 3.4 and 3.5 of the GFDCE.

(d) The lower confidence limit (LCL) approach as specified in the GFDCE, Section 3.2, may be used as an alternative method for determining CE, using the following:

(1) The Method 204 through Method 204F test series;

(2) Additional criteria specified in Section 3.3 of the GFDCE; and

(3) The reporting and recordkeeping requirements of Section 3.4 and 3.5 of the GFDCE.

(e) Multiple line CE testing may be used if the requirements in the GFDCE, Section 4.0, are followed.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.06 Alternate CE Procedures for Solvent Recovery Systems {#sec-env-a-805.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.06}

For a source that uses a control device, such as a carbon adsorber, designed to collect and recover VOC in accordance with the criteria in Env-A 805.07, the following alternative to CE testing may be used:

(a) The overall control efficiency of the system shall be determined over a minimum of a 24-hour period;

(b) The testing procedures shall be as described in 40 CFR 60.433, with the following additional restrictions for VOC sources subject to Env-A 1204 or successor rules in Env-A 1200:

(1) The owner or operator of the source shall compare solvent usage to solvent recovery on a 24-hour basis, rather than a 30-day weighted average as specified in 40 CFR 60.433; or

(2) If the overall emission reduction efficiency required by the applicable rule is met, as determined by the initial 24-hour test, the owner or operator of the source may compare solvent usage to solvent recovery over an alternative time period subject to the following:

a. The owner or operator seeking approval of an alternative time period shall submit the following information in writing to the department:

The identity and description of the facility, including a description of the process and the solvent recovery control device;
The proposed alternative time period, not to exceed 30 days; and
Technical data and information demonstrating that the control device designed to collect and recover VOC will be operated in a manner consistent with the manner in which it was operated during the initial 24-hour period of the test, and that the results produced over the proposed time period are no less precise and accurate than those produced during the initial 24-hour time period;

b. The department shall review the information submitted pursuant to (b)(2)a., above;

c. The department shall approve the proposed alternative time period if all of the information required in (b)(2)a., above, has been submitted to the department and the information demonstrates that:

The control device shall be operated in a manner consistent with the manner in which it was operated during the initial 24-hour time period of the test; and
The results produced over the proposed time period shall be no less precise and accurate than those produced during the initial 24-hour time period; and

d. The department shall notify the applicant and the EPA of the decision within 60 days of receipt of the required information;

(c) Each demonstration as specified in (b)(1), above, relating solvent usage with solvent recovery, including the initial 24-hour time period, shall be performed by the source within 72 hours of the end of each established time period; and

(d) Any recovery rates calculated using the procedure specified in this section, which result in a lower rate than that needed to comply with the applicable rule, shall be reported to the department within 7 calendar days.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.07 Solvent Recovery System Requirements {#sec-env-a-805.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.07}

An owner or operator of a source using a solvent recovery system may use the alternate CE testing procedure described in Env-A 805.06 if the solvent recovery system meets one of the following criteria:

(a) The solvent recovery system is dedicated to a single process line, for example, one process line venting to a carbon adsorber system; or

(b) If the solvent recovery system controls multiple process lines, the owner or operator demonstrates by submitting written documentation to the department that the overall solvent control efficiency meets or exceeds the most stringent standards applicable for each process line venting to the control system.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.08 Recordkeeping and Reporting {#sec-env-a-805.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.08}

Recordkeeping and reporting requirements for CE testing shall be as follows:

(a) The owner or operator of a source required to perform CE tests shall maintain a copy of the CE test results at the source;

(b) The owner or operator shall notify the department at least 30 days prior to performing any CE or control efficiency tests;

(d) For any source using a PTE, the owner or operator shall demonstrate by submitting written documentation to the department that the enclosure meets the requirements specified in Method 204 for a PTE during any testing of the control device;

(e) For any source using a TTE, the owner or operator shall demonstrate by submitting written documentation to the department that:

(1) Its TTE meets the requirements given in Method 204 for a TTE during testing of their control device; and

(2) The quality assurance criteria for a TTE have been achieved; and

(f) The owner or operator shall notify the department of any changes made to the capture or control equipment, except for any reductions in the air flow at a collection point that occurs because the emission source that the collection point is serving is not being used.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 805.09 Changes to the Control System {#sec-env-a-805.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 805.09}

(a) Measurements of average face velocity shall be done at all collection points whenever any physical changes are made to the control system; and

(b) Any one of the following shall constitute a change to the capture or control equipment, thereby requiring a new CE test:

(1) An increase of more than 10% in the distance between any emission collection point and the emission source that the collection point is serving;

(2) A reduction in the average face velocity at any emission point ducted to the control device to a value less than 90% of the value measured and recorded during a previous CE test, except for reductions occurring at a collection point as a result of a shutdown of the emission point that said collection point is serving; or

(3) A change in the physical structure or operation which causes an increase or decrease in the amount of a specific air pollutant emitted from a device or which results in the emission of any additional air pollutant, and such change is determined by the department to have a significant impact on air quality as determined by modeling conducted in accordance with 40 CFR 51, Appendix W.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

Part Env-A 806 Sulfur Content Testing of Fuels

N.H. Code Admin. R. Ann. Env-A 806.01 Purpose {#sec-env-a-806.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 806.01}

The purpose of this part is to specify testing procedures for sulfur content in fuels.

History

#6057-B, eff 6-30-95; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 806.02 Test Methods for Liquid Fuels {#sec-env-a-806.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 806.02}

(a) For the purpose of determining the sulfur content, in percent sulfur by weight, for the liquid fuels listed in the left column of Table 8.1, the owner or operator shall use one of the specified test methods, as described in Table 8.1:

Table 8.1 Test Methods for Liquid Fuels

ASTM D1552-16

ASTM D2622-16

ASTM D5453-12

ASTM D4294-16

ASTM D3120-08

ASTM D7039-15

Ultra-low sulfur diesel

No. 2 Oil

No. 4 Oil

No. 6 Oil

Off-road Diesel

Crude Oil

On-road Low-sulfur Diesel

Kerosene-1

Kerosene-2

Jet A-1 Aviation Fuel

Jet B Aviation Fuel

JP-4 Aviation Fuel

JP-8 Aviation Fuel

Aviation Gasoline

Gasoline

(b) For the purpose of determining the sulfur content, in percent sulfur by weight, for blended liquid fuel, the owner or operator shall use one of the following procedures:

(1) An analysis of the blended product following the applicable methods specified in (a), above; or

(2) An analysis of each blended fuel constituent following the applicable methods specified in (a), above, combined with weight averaging of the constituents.

(1) Calibrate all flow meters and instrumentation used in the weight averaging measurement in accordance with the manufacturer’s recommended procedures; and

(2) Document and maintain on file such calibration and date of calibration.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 806.03 Test Methods for Gaseous Fuels {#sec-env-a-806.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 806.03}

(a) For the purpose of determining the sulfur content in grains of sulfur per 100 cubic feet of natural gas, the owner or operator shall use one of the following test methods:

(1) ASTM D 1072-06 (2017);

(2) ASTM D 4084-07 (2017);

(3) ASTM D 3246-15;

(4) ASTM D 5504-12; or

(5) ASTM D 6228-10;

(b) For the purpose of determining the sulfur content in grains of sulfur per 100 cubic feet of LP gas, the owner or operator shall use one of the following test methods:

(1) ASTM D 2420-13; or

(2) ASTM D 2784-11.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 806.04 Test Methods for Coal {#sec-env-a-806.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 806.04}

The owner or operator shall use a test method specified by ASTM that is appropriate for coal to determine the sulfur content of coal in pounds of sulfur per million BTU gross heat content and the mercury content of the coal in parts per million by weight on a dry basis.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 806.05 Recordkeeping Requirements {#sec-env-a-806.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 806.05}

(a) Subject to (b), below, for a stationary source combusting liquid fuel or coal, the owner or operator shall maintain the following sulfur analysis records:

(1) Records showing the maximum weight percentage sulfur and quantity of each fuel delivery shipment received; and

(2) Records showing either:

a. The analytical method used and the specific fuel analysis results of the shipment or consignment from which the shipment came; or

b. Delivery records sufficient to allow for traceability of the analytical results corresponding to each shipment received by the stationary source, showing:

The date of delivery;
The quantity of delivery;
The type of fuel;
The maximum weight percentage sulfur; and
The name, address, and telephone number of the company making the delivery.

(b) For a stationary source purchasing any liquid fuel listed in Env-A 1603.01 other than No. 5 oil, No. 6 oil, used oil, or crude oil, the owner or operator shall maintain either the records required by (a), above, or a written statement from the fuel supplier that the sulfur content of the fuel as delivered does not exceed state or federal standards for that fuel.

(c) In an investigation or for an inspection by the department, the owner or operator shall provide copies of the documents maintained pursuant to (a) or (b), above, to the department.

History

#7788, eff 10-31-02; ss by #8877, eff 4-27-07; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

Part Env-A 807 Testing for Opacity of Emissions

N.H. Code Admin. R. Ann. Env-A 807.01 Definition {#sec-env-a-807.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 807.01}

For the purpose of this part, “Certified opacity continuous emission monitoring system” means an opacity continuous emission monitoring (CEM) system that meets all of the requirements of:

(a) 40 CFR 60, Appendix B, Performance Specification 1 - Specifications and Test Procedures for Continuous Opacity Monitoring Systems in Stationary Sources;

(b) ASTM D 6216-12, Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications;

(d) 40 CFR 60, Appendix F, Procedure 3, Quality Assurance Requirements for Opacity Monitoring Systems at Stationary Sources.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; renumbered by #6057-B (formerly Env-A 806), EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 807.02 Testing for Opacity from Stationary Sources {#sec-env-a-807.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 807.02}

The owner or operator shall conduct opacity measurements for a stationary source by using either of the following:

(a) 40 CFR 60, Appendix A, Method 9 - Visual Determination of the Opacity of Emissions from Stationary Sources; or

(b) A certified opacity CEM system installed on the stack for which the opacity is being measured.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 807.03 Determination of Opacity of Fugitive Emissions {#sec-env-a-807.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 807.03}

The owner or operator shall conduct measurements of the amount of time that any visible fugitive emissions occur during an observation period by following 40 CFR 60, Appendix A, Method 22 – Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19 (formerly Env-A 807.05)

Part Env-A 808 Continuous Emission Monitoring

N.H. Code Admin. R. Ann. Env-A 808.01 Definitions {#sec-env-a-808.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.01}

For the purposes of this part, the following definitions shall apply:

(a) “Calendar hour” means any 60-minute period commencing on the hour;

(b) “Facility operating hour” means, for purposes of calculating data availability pursuant to Env-A 808.12, a minimum of 42 minutes of facility operation during a calendar hour;

(1) For a device which combusts fuel to generate electricity, steam, or heat, "or to incinerate municipal solid waste, that is required by this part to have a continuous emission monitoring (CEM) system installed, a time period during which any fuel is being combusted in the device; or

(2) For any other facility that is required by this part to have a CEM system installed, a time period during which any material is being processed which contributes to the emissions monitored by the CEM system;

(d) “Gaseous excess emission” means any measurement made by a gaseous CEM system as defined in (e), below, which exceeds the emission limit specified in any state or federal standard or specified in any permit issued by the department, based on the averaging time specified in the standard;

(e) “Gaseous CEM system” means a CEM system that measures concentrations of gaseous chemical compounds including, but not limited to, ammonia (NH3), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen oxides (NOx,), total reduced sulfur (TRS), hydrogen chloride (HCl), hydrogen fluoride (HF), mercury (Hg), volatile organic compounds (VOC), and diluent gas, such as oxygen (O2) or carbon dioxide (CO2), and includes the following:

(1) All the components necessary to:

a. Extract the gas from a stack, vent, or duct;

b. Dilute the sample, where a dilution extractive probe design is being used;

c. Transport the sample to the analyzer; and

d. Filter or de-water the sample, as applicable by the design of the system;

(2) An analyzer, or analyzers, that can be calibrated with zero gas and higher concentration gas standards in order to measure the concentration of a gaseous chemical compound;

(3) The system of valves, gauges, and flow controllers used to control the flow of dilution air, maintain the sampling rate, and introduce calibration and audit gas to the system;

(4) If the source is subject to a mass emission rate standard, a stack volumetric flow rate or fuel flow rate monitoring system;

(5) The computerized data acquisition system that calculates, averages, and stores the emissions data;

(6) Where allowed or required as a monitoring method, sorbent tube monitoring systems; and

(7) Other gas concentration measurement methods or technologies with an applicable Performance Specification in 40 CFR 60, Appendix B;

(f) “Opacity excess emission” means any consecutive 6-minute or 60-minute period, or aggregate 60-minute period of opacity measurement, averaged in accordance with Env-A 808.03 (b), which exceeds any standards for visible emissions specified in Env-A 1900 through Env-A 2900, excluding any exempted periods specified in Env-A 2000;

(g) “Out of control period” means a period of time during which the emissions data being collected by the CEM system is considered to be invalid, which includes, but is not limited to, the following:

(1) For a gaseous CEM system:

a. The time period beginning with the completion of the daily calibration drift check where the calibration drift (CD), as calculated pursuant to 40 CFR 60.13(d)(1), has exceeded twice the allowable limit for 5 consecutive days and ending with the CD check following corrective action that results in the CD being within the allowable CD limit;

b. The time period beginning with the completion of a daily CD check preceding the daily CD check that results in the CD being greater than 4 times the allowable limit and ending with the CD check following corrective action that results in the CD being within the allowable CD limit;

c. The time period beginning with the completion of a relative accuracy test audit (RATA), cylinder gas audit (CGA), or relative accuracy audit (RAA) as defined in 40 CFR 60, Appendix F, where the CEM system fails the accuracy criteria established for the respective audit and ending with successful completion of the same audit where the CEM system meets the accuracy criteria established after corrective action has occurred; or

d. Any periods of CEM system operation deemed out-of-control by a federal regulation requiring the installation, operation, and quality assurance of a CEM system, including but not limited to 40 CFR 75 and 40 CFR 63 Subpart UUUUU; and

(2) For an opacity CEM system:

a. The time period beginning with the completion of the daily calibration drift check where the CD, as calculated pursuant to 40 CFR 60.13(d)(1), exceeds 2% opacity for 5 consecutive days, and ending with the CD check after corrective action has occurred that results in the performance specification drift limits being met;

b. The time period beginning with the completion of a daily CD check preceding the daily CD check that results in the CD being greater than 5% opacity and ending with the CD check after corrective action has occurred that results in the performance specification drift limits being met;

c. The time period beginning with the completion of a quarterly opacity audit where the CEM system fails any of the audits required by Env-A 808.11 and ending with successful completion of the same audit after corrective action has occurred; or

d. The time period beginning with the completion of the zero alignment check required by 40 CFR 60, Appendix F, Procedure 3, section 10.3 where the zero alignment error exceeds 2 percent opacity and ending after corrective action is taken that results in a successful zero alignment check.

(h) “Rolling average” means an arithmetic mean specified by an applicable emission limit and calculated, as follows:

(1) In pounds of pollutant per hour, the sum of the valid hourly values for pounds of the pollutant emitted as determined by the CEM system during the successive facility operating day period, divided by the number of valid hours in the successive facility operating day period, with a new rolling average calculated at the end of each subsequent facility operating day;

(2) In pounds of pollutant per million British thermal units (MMBtu), the sum of the valid hourly values for pounds of the pollutant emitted as determined by the CEM system during the successive facility operating day period, divided by the total MMBtu of heat input of fuel combusted by the device during the valid hours in the successive facility operating day period, with a new rolling average calculated at the end of each subsequent facility operating day;

(3) For purposes of determining a short-term, pound per hour equivalent to a tons per year limit, the sum of all valid hours of emissions in pounds per hour in any consecutive 365-day period divided by 8,760 calendar hours, with a new 365-day rolling average calculated at the end of each subsequent day; or

(4) In accordance with any rolling average established in a permit issued prior to the 2019 effective date of this chapter

(i) “Valid hour” means a minimum of 42 minutes of gaseous or opacity CEM system emissions readings taken in any calendar hour, during which time the CEM is not in an out of control period as defined in Env-A 808.01(h), and the facility on which the CEM is installed is in operation.

History

(See Revision Note at chapter heading for Env-A 800) #5505 eff 11-15-92; renumbered by #6057-B (formerly Env-A 807), EXPIRED: 11-15-98
#6893, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.02 Applicability {#sec-env-a-808.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.02}

(a) The owner or operator of a stationary source shall install, operate, maintain, and perform quality assurance testing of a gaseous or opacity CEM system meeting all of the requirements specified in this part for a stationary source if any of the following conditions exists:

(1) A source is subject to the New Source Performance Standards, 40 CFR 60, National Emission Standards for Hazardous Air Pollutants, 40 CFR 61 or 40 CFR 63, or Continuous Emission Monitoring, 40 CFR 75, or other applicable federal standard which requires the source to comply with a specified opacity or emission limit and to install a specified CEM system;

(2) The owner or operator of a source chooses to limit its potential to emit by accepting federally enforceable permit conditions that restrict its hours of operation, the type or amount of material combusted, stored, or processed, or its level of production, and continuous emission monitoring is determined by the department to be necessary to ensure that these permit conditions are not violated;

(3) A source uses air pollution control equipment in order to maintain compliance with an opacity or emission limit, and continuous emission monitoring is determined by the department to be necessary in order to ensure that this limit is not exceeded and that the control equipment is performing correctly;

(4) Documented and repeated violation of any of the applicable opacity or emission limits specified in other provisions of Env-A 300 et seq., has occurred and the installation of a CEM system is feasible;

(5) Documented and repeated violation of any of the National Ambient Air Quality Standards (NAAQS) specified in Env-A 300 has occurred, the source is determined by the department to be a major contributor to the violation, and the installation of a CEM system is feasible; or

(6) By following the procedures specified in 40 CFR 51, Appendix W, the department determines that a source's emissions have a significant impact on air quality and continuous monitoring of emissions with a CEM system is necessary to ensure that the ambient air quality standards are achieved and maintained.

(b) A stationary source subject to the continuous emission monitoring requirements specified in 40 CFR 51, Appendix P shall install, calibrate, operate, and maintain a CEM system in accordance with all requirements set forth and referenced therein.

(1) The NOx monitoring requirements as described in Env-A 3200;

(2) The minimum percentage data availability requirements as described in Env-A 808.12; and

(3) The data reporting requirements as described in Env-A 808.14, as applicable.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.03 Minimum Specifications for CEM Systems {#sec-env-a-808.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.03}

A gaseous or opacity CEM system shall meet the following minimum specifications, as applicable:

(a) A gaseous CEM system shall average and record the data for each calendar hour;

(b) An opacity CEM system shall:

(1) Average the opacity data to result in consecutive, non-overlapping 6-minute averages; and

(2) If subject to the exemption of Env-A 2002.04(b), total the number of minutes in any 8-hour period where the opacity, as averaged in non-overlapping 6-minute periods, exceeds the applicable opacity standard;

(1) Include a means to display instantaneous values of percent opacity and gaseous emission concentrations; and

(2) Complete a minimum of one cycle of operation, which shall include measuring, analyzing, and data recording for each successive one-minute period for systems measuring gaseous emissions and complete a minimum of at least one measurement of opacity every 10 seconds which shall be averaged and recorded as consecutive, non-overlapping 6-minute averages for opacity monitoring systems unless a longer time period is approved in accordance with Env-A 809;

(d) A stack volumetric flow measuring device shall meet the following requirements:

(1) All differential pressure flow monitors shall have an automatic blow-back purge system installed and, in wet stack conditions, shall have the capability for drainage of the sensing lines; and

(2) The stack flow monitoring system shall have the capability for manual calibration of the transducer while the system is on-line and for a zero check; and

(e) Alternatives to in-stack flow monitoring devices for determination of stack volumetric flow rate shall be used only if the owner or operator provides the department with technical justification that the alternative can meet the same requirements for data availability, data accuracy, and quality assurance as an in-stack device.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.04 CEM {#sec-env-a-808.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.04}

Monitoring Plan.

(a) An owner or operator of a source subject to the requirements of this part and required to install, operate, and maintain a gaseous or opacity CEM system shall submit to the department, at least 90 days prior to the installation of the CEM system, a CEM monitoring plan describing the system.

(b) Upon receipt of the CEM monitoring plan or a request submitted pursuant to (f), below, to revise a previously-approved monitoring plan, the department shall:

(1) Review the plan or proposed revision for compliance with all the elements described in this section;

(2) Determine whether the gaseous or opacity CEM system meets all requirements of this part; and

(3) Issue its decision within 30 days, provided that if the plan or proposed revision is not approved, the decision shall specify the reason(s) therefor.

(1) A complete description of the emission monitoring system including, but not limited to:

a. The identity of the CEM system vendor, including the company name, address, and telephone number;

b. The identity of the manufacturer, model number, serial number, measurement method employed, and range of each of the major components or analyzers being used;

c. A description of the sample gas conditioning system;

d. A description and diagram showing the location of the monitoring system, including sampling probes, sample lines, conditioning system, analyzers, any equipment required for measurement of the stack volumetric flow or fuel flow rates, and data acquisition system; and

e. A description of the data acquisition system, including sampling frequency, and data averaging methods;

(2) The mathematical equations used by the data acquisition system, including the value and derivation of any constants, to calculate and report the short-term and long-term emissions in terms of the applicable emission standards;

(3) A complete example of the data reporting format(s) to be used by the owner or operator to meet the reporting requirements for the quarterly emissions report specified in Env-A 808.14 through Env-A 808.18, including an example of any electronic report submitted to the department in order to meet the quarterly reporting requirements;

(4) A description of the analyzer calibration methods, including the frequency of calibration checks and manual calibrations, and path of the calibration gas through the system;

(5) The means used by the data acquisition system of determining and reporting periods of excess emissions, monitor downtime, and out-of-control periods;

(6) A description of the means used to provide for emissions data storage;

(7) For any source subject to Env-A 808.13(a), a description of the method(s) used to determine substitute emissions data as required by Env-A 808.13 during those periods when the permitted device is generating emissions, but the CEM system is not operating or the data from the CEM system is not valid; and

(8) For any source subject to Env-A 808.13(h), the following information:

a. A description of the calculations used to determine its annual emissions using EPA’s Compilation of Air Pollutant Emission Factors, AP-42, as revised or other emission factor determined in accordance with Env-A 616;

b. An explanation of why an emission factor, as specified in a. above, is being used instead of emissions data collected by the gaseous CEM system; and

c. A comparison of the accuracy of the emissions data determined by both methods.

(d) If a proposed monitoring plan does not contain all of the information required by (c), above, or if any of the information is incomplete or inaccurate, the department shall inform the source within 30 days of receipt of the plan that it will not continue its review or issue a decision on the acceptability of the CEM as specified in (b), above, until such time as the source submits a monitoring plan that is complete and accurate.

(e) After the department has approved a CEM monitoring plan, no changes to the plan shall be made unless:

(1) The change is made to document the replacement of a CEM system component pursuant to (g), below;

(2) Prior approval from the department is obtained as specified in (f), below; or

(3) The department determines that:

a. The CEM monitoring plan must be revised to align with changes to state or federal requirements; or

b. Due to changed circumstances or discovery of additional information not previously available, the information submitted pursuant to (c), above, is no longer complete or accurate and the previously-approved CEM monitoring plan must be updated.

(f) To request a change to an approved CEM monitoring plan pursuant to (e)(2), above, the owner or operator shall submit a written request to the department that describes the proposed change and includes any information identified in (c), above, which applies to the proposed change. The department shall process the request as specified in (b) and (d), above.

(g) In the event that the owner or operator replaces a damaged or malfunctioning CEM system component in order to maintain the collection of valid CEM data, and the replacement requires the CEM system to be recertified in accordance with Env-A 808.05(e), (f), or (g), then the owner or operator shall notify the department within one working day of the replacement and shall submit a revision to the CEM monitoring plan within 30 days of the replacement if the replaced component results in a change in the information contained in the previously-approved monitoring plan.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.05 Performance Specification Testing {#sec-env-a-808.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.05}

(a) The owner or operator of a facility shall conduct performance specification testing for a CEM system in accordance with (b) through (i), below.

(b) Opacity and gaseous CEM systems shall be subject to the applicable performance specification requirements of 40 CFR 60, Appendix B and 40 CFR 75, and additionally for opacity CEM systems, to the zero alignment procedure in 40 CFR 60, Appendix F, Procedure 3, section 10.

(1) Installed and measuring emissions no later than 60 days after start-up of the device being monitored; and

(2) Certified by the earlier of 60 days of achieving the maximum production rate of the device or 180 days from start-up of the device.

(d) In the absence of any other deadlines required for the installation and certification of the CEM system, any CEM system that is required to be installed on an existing device shall be:

(1) Operating no later than 30 days after installation of the CEM system; and

(2) Certified within 90 days after start-up of the CEM system.

(e) The owner or operator of a certified gaseous or opacity CEM system subject to 40 CFR 75 that makes a replacement, modification, or change to the system shall comply with the recertification procedures specified in 40 CFR 75.20(b).

(f) The owner or operator of a certified gaseous or opacity CEM system that is not subject to 40 CFR 75 shall recertify the system by performing a performance specification test in accordance with the requirements of this chapter whenever the owner or operator:

(1) Replaces a part or component of, or makes a modification to, the CEM system that could affect the ability of the system to:

a. Accurately measure or record the parameters being monitored; or

b. Meet the requirements of 40 CFR 60 Appendix B, or this chapter;

(2) Makes a change to the flue gas handling system or the unit operation that could change the flow or concentration profile; or

(3) Changes the location or orientation of the sampling probe or site.

(g) If any of the changes described in (f), above, occur, the owner or operator shall:

(1) For a gaseous CEM system, conduct an audit pursuant to 40 CFR 60, Appendix F, Procedure 1, sections 5.1.2 or 5.1.3 within 5 days of the change and a RATA following 40 CFR 60 Appendix B within 90 days of the change; and

(2) For an opacity CEM system, perform an audit pursuant to 40 CFR 60, Appendix B, Performance Specification 1, paragraphs 8.1(3)(ii), (iii), and (iv) within 5 days of the change.

(h) The department shall be notified of the date or dates of any performance specification testing at least 30 days prior to the scheduled dates.

(i) A written report summarizing the results of the testing and in accordance with Env-A 802.11 shall be submitted to the department within 45 days of the completion of the test.

(j) The owner or operator of any opacity CEM system subject to either (e) or (f), above, that replaces any opacity CEM system or changes an installed location of a monitor on a stack or duct shall also perform the zero alignment procedure specified in 40 CFR 60, Appendix F, Procedure 3, section 10.3 within 60 days of the replacement or change.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.06 Quality Assurance/Quality Control Plan Requirements {#sec-env-a-808.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.06}

(a) The owner or operator of a source required by this chapter to install, operate, and maintain an opacity or gaseous CEM system shall prepare, submit, and maintain a quality assurance/quality control (QA/QC) plan as specified in (b) through (e), below.

(b) The QA/QC plan shall contain written procedures for implementation of a QA/QC program that meets the criteria specified in 40 CFR 60, Appendix F, Procedure 1, section 3 for each gaseous CEM system and 40 CFR 60, Appendix F, Procedure 3 for each opacity CEM system, and shall include the following:

(1) A schedule of, and description of, all maintenance activities that are required by the CEM manufacturer or that might have an effect on the operation of the system, including a summary of the results of any performance specification testing that was performed in accordance with Env-A 808.05(e) or (f);

(2) A description of how the audits and testing required by this part will be performed; and

(3) Examples of the reports that will be used to document the audits and tests required by this part.

(1) File the QA/QC plan with the department no later than 45 days after conducting the performance specification test of the gaseous or opacity CEM system in accordance with Env-A 808.05(c) or (d);

(2) Review the QA/QC plan and all data generated by its implementation at least once each year;

(3) Revise or update the QA/QC plan, as necessary, based on the results of the annual review;

(4) Make the revised QA/QC plan available for on-site review by the department at any time; and

(5) No later than April 15 of each year, either:

a. Submit to the department the revised QA/QC plan and the reasons for each change, and certify in writing that the owner or operator is implementing the revised QA/QC plan; or

b. Certify in writing that no changes have been made to the plan and that the owner or operator will continue to implement the existing QA/QC plan.

(d) The department shall request the owner or operator to revise the QA/QC plan if the results of emission report reviews, inspections, audits, review of the QA/QC plan, or any other information available to the department shows that the plan does not meet the criteria specified in 40 CFR 60, Appendix F, Procedure 1, section 3, or 40 CFR 60, Appendix F, Procedure 3.

(e) If the department requests a revision to the QA/QC plan pursuant to (d), above, the owner or operator shall submit a revised plan within 45 days of the date of the request.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.07 General Audit Requirements for All Gaseous and Opacity CEM Systems {#sec-env-a-808.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.07}

(a) The owner or operator shall conduct required quarterly audits anytime during each calendar quarter, provided that successive quarterly audits shall occur no more than 4 months apart.

(b) Subject to (e), below, within 30 calendar days following the end of each quarter, the owner or operator shall file with the department a written summary report of the results of all audits required by (a), above, that were performed during that quarter, in accordance with the following:

(1) For gaseous CEM audits, the report format shall conform to that presented in 40 CFR 60, Appendix F, Procedure 1; and

(2) For opacity CEM audits, the report format shall conform to that presented in EPA-450/4-92-010, April 1992, “Technical Assistance Document: Performance Audit Procedures for Opacity Monitors”.

(1) At least 30 days prior to the performance of a RATA, in accordance with the pre-test procedures described in Env-A 802; and

(2) At least 2 weeks prior to any other planned audit or test procedure required under this part.

(d) The department shall require the rescheduling of a RATA if the staff necessary to observe the audit are not available.

(e) The owner or operator shall file with the department a written summary of the results of the RATA testing in accordance with the reporting requirements in Env-A 802.11 by the earlier of 45 calendar days following the completion of the RATA test or the date established in the section of 40 CFR 60, 40 CFR 75, or other federal rule that requires performance of the RATA.

(f) The owner or operator of a source that has an opacity or gaseous CEM system that is subject to the audit requirements of 40 CFR 63, 40 CFR 75 or other federal rule, and also has a CEM system for monitoring of pollutants not subject to the audit requirements of the applicable federal rule, may perform the audits required by this part at the frequencies, including any grace periods or extensions of the deadlines to allow for periods during which the source is not operating, that are specified in 40 CFR 63, 40 CFR 75, or other federal rule for all of the CEM systems installed at the Source.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.08 Audit Requirements for Gaseous CEM Systems {#sec-env-a-808.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.08}

(a) The owner or operator of a source with a gaseous CEM system subject to the requirements of 40 CFR 75 shall comply with the audit requirements specified in 40 CFR 75, Appendix B.

(b) The owner or operator of a source with a gaseous CEM system monitoring emissions subject to the requirements of 40 CFR 60 shall comply with the audit requirements specified in 40 CFR 60, Appendix F.

(c) The owner or operator of a CEM system that monitors gaseous emissions other than those required to be monitored by (a) and (b), above, shall:

(1) Request approval of the proposed audit procedures from the department in writing pursuant to Env-A 809;

(2) Demonstrate that such procedures are consistent with those presented in 40 CFR 60, Appendix B and Appendix F; and

(3) Upon receiving approval from the department for the proposed audit procedures pursuant to Env-A 809, implement the approved procedures.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.09 Audit Requirements for Stack Flowrate Measurement Systems {#sec-env-a-808.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.09}

(a) An owner or operator of a stationary source required to use a continuous emissions monitoring system to determine a mass flow emissions rate using a stack volumetric flow monitor, or a fuel flow meter with O2/CO2 measurements to calculate heat input or stack flow rate, shall conduct at least once every 4 calendar quarters a minimum 9-run RATA with the relative accuracy calculated in the units of the mass emissions measurement, as specified in 40 CFR 60, Appendices B and F.

(b) The owner or operator of a stationary source subject to (a), above, and using a stack volumetric flow monitor for the mass flow emissions calculation shall in addition to the 9-run RATA, also comply with the audit requirements specified in (d) and (e) below.

(c) The owner or operator of a stationary source subject to (a), above, and using a fuel flow meter for the mass flow emissions calculation, shall, in addition to the 9-run RATA, also perform one of the following audit options:

(1) The quality assurance activities on the fuel flow meter, as applicable, in 40 CFR 75, Appendix D or alternate audit procedures for the fuel flow meter allowed pursuant to 40 CFR 75; or

(2) The audits specified in (d) and (e) below.

(d) In addition to performing the 9-run RATA specified in (a) above, the owner or operator shall conduct in 2 of the calendar quarters in which the RATA is not conducted a 3-run RAA of the stack volumetric flow monitor or fuel flow meter, as follows:

(1) Three velocity traverses shall be conducted following Methods 1 and 2 of 40 CFR 60, Appendix A;

(2) The thermocouple used for measurement of stack gas temperature shall be calibrated at least annually;

(3) A leak check shall be performed after completion of the velocity traverse in accordance with 40 CFR 60, Appendix A, Method 2, part 8.1;

(4) The average stack flow rate in wet standard cubic feet per hour shall be calculated for each velocity traverse using the collected data, and the stack gas molecular weight and percent stack moisture from the most recent Methods 3 and 4 measurements made at the subject source;

(5) Corresponding to the time periods during which each velocity traverse was performed, 3 sets of stack flow data from the gaseous CEM system, calculated from the stack volumetric flow monitor or fuel flow meter in units of wet standard cubic feet per hour, shall be collected;

(6) The average of each set of stack flow data from the gaseous CEM system shall be calculated;

(7) The percent relative accuracy of the stack flow measurements shall be calculated as follows:

a. "WSCFH, CEM" means the average of the 3 measurements of wet standard cubic feet per hour flow rate calculated pursuant to (6), above, from the gaseous CEM system;

b. "WSCFH, M2" means the average of the 3 measurements of wet standard cubic feet per hour as calculated pursuant to (4), above, from the data collected by Method 1 and Method 2; and

c. Subtract WSCFH, M2 from WSCFH, CEM, divide the difference by WSCFH, M2, and multiply the result by 100, as shown in the formula below:

% Relative Accuracy = ((WSCFH,CEM - WSCFH,M2)/(WSCFH,M2)) x 100

(8) The absolute value of percent relative accuracy shall be less than or equal to 10.0%; and

(9) If the percent relative accuracy exceeds 10.0%, then the stack flow measurement of the gaseous CEM system shall be considered "out of control” until necessary repairs/adjustments are performed and the CEM system successfully meets the acceptance criteria specified in (8), above, as determined by a repeat audit.

(e) In the calendar quarter in which neither the RATA specified in Env-A 808.08(a) nor the two RAAs specified in (d), above, are performed, the owner or operator shall perform:

(1) An additional quarterly RAA; or

(2) Quality assurance of the stack flow rate or fuel flow meter which shall include at a minimum, as applicable to the device:

a. A flow monitor differential-pressure sensing lines’ leak check for low and high-pressure sides;

b. A stack flow probe inspection, including removal and cleaning of the probe as necessary;

c. A differential pressure transmitter/transducer calibration following the manufacturer’s recommended calibration procedure; and

d. A continuous flow-to-load-ratio or gross heat rate evaluation in accordance with 40 CFR 75, Appendix B.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 808.10 Audit Requirements for {#sec-env-a-808.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.10}

Opacity CEM Systems.

(a) The owner or operator of an opacity CEM system required to meet the criteria of 40 CFR 60, Appendix B, Performance Specification 1, shall follow the audit procedure specified in 40 CFR 60, Appendix F, Procedure 3.

(b) For a source that is required to install and operate a certified opacity CEM system that is not otherwise required by a federal rule, the system shall comply with 40 CFR 60, Appendix B, Performance Specification 1, and shall follow the audit procedure specified in 40 CFR 60, Appendix F, Procedure 3.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19 (from Env-A 808.11)

N.H. Code Admin. R. Ann. Env-A 808.11 Data Availability Requirements {#sec-env-a-808.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.11}

(a) The owner or operator of a source with a CEM shall operate the CEM at all times during operation of the source, except for periods of CEM breakdown, repairs, calibration checks, preventive maintenance, and zero/span adjustments.

(b) The percent CEM data availability shall be maintained at a minimum of 90% on a calendar quarter basis for all opacity monitors, gaseous concentration monitors, and stack volumetric flow monitors, or any substitute monitoring methods approved as part of the CEM monitoring plan required by Env-A 808.04.

(1) “VH” means the number of valid hours of CEM data in a given time period for which the data availability is being calculated when the plant is in operation;

(2) “OH” means the number of facility operating hours during a given time period for which the data availability is being calculated;

(3) “AH” means the number of hours during facility operation when the performance of quarterly audits as required by those procedures specified in Env‑A 808.08 through Env-A 808.11, as applicable, require that the CEM be taken out of service in order to conduct the audit;

(4) “CalDT” means the number of hours, not to exceed one hour per day, during facility operation when the CEM is not operating due to the performance of the daily CEM calibrations as required by 40 CFR 60, Appendix F or 40 CFR 75, Appendix B, section 2.1; and

(5) To calculate the percent CEM data availability, multiply the sum of VH and CalDT by 100, and divide the result by the difference between OH and AH, as in the formula below:

(d) Sources that are subject to 40 CFR 75 or 40 CFR 63 shall calculate the percent data availability following either the method described in 40 CFR 75.32 or the method described in (c), above, as follows:

(1) The source shall describe in the CEM monitoring plan which of the 2 methods it plans to use for each opacity, gaseous concentration, and stack volumetric flow monitor located at the source;

(2) Once the source has chosen the method of calculation and the method has been approved and documented in the CEM monitoring plan, the source shall not modify its method of calculation without obtaining approval for the revision as specified in Env-A 808.04(f); and

(3) The source may use:

a. The method specified in 40 CFR 75.32 for all monitors, whether required by Part 75 or by other state or federal standards; or

b. The method specified in 40 CFR 75.32 for only the Part 75-required monitoring systems and the method specified in (c), above, for all non-Part 75 monitoring systems.

(e) If the owner or operator of the source discovers that it has failed to meet the percent data availability requirement in the previous calendar quarter or in the calendar quarter in which it currently is operating, the owner or operator of the source shall, in addition to the permit deviation reporting required by Env-A 911:

(1) Submit a plan to the department, within 30 days of discovery, specifying in detail the steps it plans to take in order to meet the availability requirements for future calendar quarters; and

(2) Implement the plan to meet the data availability requirements no later than 30 days after the end of the quarter of failure.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 808.09); ss by #12762, eff 5-1-19 (from Env-A 808.12)

N.H. Code Admin. R. Ann. Env-A 808.12 Requirement for Substitute Emission Data {#sec-env-a-808.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.12}

(a) Any facility that uses the emissions data collected by a gaseous CEM system to calculate and report its annual emissions in accordance with Env-A 900 shall comply with (b) through (h) below.

(b) For any facility operating hour during which the gaseous CEM system has not collected a valid hour of CEM system data, the owner or operator shall submit to the department substitute emission data for those hours which has been generated using one of the following methods:

(1) The missing data substitution procedures specified in 40 CFR 75 Subpart D;

(2) If the missing data occurred during a period of steady-state operation, and not during a period of start-up, shutdown, or malfunction:

a. An average of the valid hours of CEM system emissions data collected prior to and after the period of missing data, where the number of hours before and the number of hours after are both at least equal or more than the number of missing hours of data; and

b. The substituted data is representative of the missing data, being at the same heat input rate, electric generating rate, or steam load;

(3) If the missing data occurred during a start-up, shutdown, or malfunction of the device, substitute data collected by the CEM during a similar period of start-up, shutdown, or malfunction, respectively; or

(4) An alternative method of data substitution that meets the following criteria:

a. The alternative method was included in the monitoring plan submitted pursuant to Env-A 808.04;

b. The alternative method provides for representative emissions for the conditions of operation of the device during the period of missing data equivalent to the substitution methods described in (1) through (3), above; and

c. The alternative method was approved by the department as part of its approval of the monitoring plan pursuant to Env-A 808.04.

(c) For CEM systems and emissions subject to the missing data substitution procedures of 40 CFR 75 Subpart D, sources shall follow those requirements for substituting emissions data in order to calculate emission totals or emission averages as required by 40 CFR 75.

(d) For CEM systems and emissions not subject to the missing data substitution procedures of 40 CFR 75 Subpart D, sources shall include substitute emissions data in the calculation of total daily, monthly, quarterly, and annual emissions generated by the permitted device to quantify total actual emissions.

(e) Substitute emission data shall not be used in the calculation of emissions totals or averages in order to determine or demonstrate compliance with emissions standards.

(f) For the period of time from device startup until certification of the CEM system, the owner or operator shall report facility emissions using the missing data substitution procedures as specified in (a) through (d), above.

(g) Substitute data shall not be included in the calculation of data availability.

(h) Any facility that uses EPA’s Compilation of Air Pollutant Emission Factors, AP-42 as revised, or other emission factor chosen in accordance with Env-A 808.04, to calculate and report its annual emissions in accordance with Env-A 900, for a pollutant for which it also measures the concentration and determines the emissions using a gaseous CEM system, shall submit in the quarterly emission report required by Env-A 808.14 all valid hours of gaseous CEM system emission data, as defined in Env-A 808.01(j), for that pollutant.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 808.10); ss by #12762, eff 5-1-19 (from Env-A 808.13)

N.H. Code Admin. R. Ann. Env-A 808.13 Quarterly Emission Reports {#sec-env-a-808.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.13}

(a) Within 30 days after the end of each calendar quarter, an owner or operator of a source with a gaseous or opacity CEM system shall submit an emission report to the department which contains the following:

(1) The information required to be submitted by 40 CFR 60, 40 CFR 63, or 40 CFR 75, relative to installation, calibration, operation and maintenance of a certified gaseous or opacity CEM system;

(2) All information included in the emission report shall be clearly indicated, labeled, and formatted such that compliance with all emissions standards to which the source is subject, can be determined and any periods of excess emissions, substitution of missing or invalid CEM data, CEM calibration, CEM maintenance, or startup, shutdown, or malfunction can be easily identified;

(3) The daily averages of gaseous and opacity CEM measurements and calculated emission rates in the units of the emissions standards;

(4) For those sources subject to any emission standards that are averaged or totaled over a period of less than 24 hours, other than opacity standards that are averaged over less than a 24-hour period, the CEM data averaged and reported on the basis of the emission standard;

(5) For those sources subject to any emission standard that is a rolling average of more than one operating day, the rolling average emission rate reported for each day during the reporting period;

(6) Excess emission data recorded by the CEM system, including:

a. The date and time of the beginning and ending of each period of excess emission;

b. The actual emissions measured by the CEM system during the excess emission;

c. The total amount of emissions above the emissions limit, or percent above the emissions limit, during the period of excess emissions;

d. The specific cause of the excess emission; and

e. The corrective action taken;

(7) If no excess emissions have occurred, a statement to that effect;

(8) A statement as to whether the CEM system was inoperative, repaired, or adjusted during the reporting period;

(9) If the CEM system was inoperative, repaired, or adjusted during the reporting period, the following information:

a. The date and time of the beginning and ending of each period when the CEM was inoperative;

b. The reason why the CEM was not operating; and

c. The corrective action taken;

(10) For all “out of control periods” as defined in Env-A 808.01(j), 40 CFR 60, Appendix F, and any applicable federal requirement, the following information:

a. The date and time of the beginning and end of the out of control period;

b. The reason for the out of control period; and

c. The corrective action taken;

(11) The date and time of the beginning and end of each period when the source of emissions which the CEM system is monitoring was not operating;

(12) The span value, as defined in Env-A 105, and units of measurement for each analyzer in the CEM system;

(13) When calibration gas is used, the following information:

a. The calibration gas concentration;

b. If a gas bottle was changed during the quarter:

The date of the calibration gas bottle change;
The gas bottle concentration before the change; and
The gas bottle concentration after the change; and

c. The expiration date for all calibration gas bottles used; and

(14) The percent data availability calculated in accordance with Env-A 808.11 for each gaseous, opacity, and flow rate monitor in the CEM system.

(b) If the source submits emissions data calculated on a basis of less than a 24-hour period, as is required by (a)(4) above, then the emissions data shall be submitted to the department in an electronic format.

(c) The quarterly report submittal shall be consistent with the information previously submitted in the CEM System Monitoring Plan and approved by the department.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10); ss by #12762, eff 5-1-19 (from Env-A 808.14)

N.H. Code Admin. R. Ann. Env-A 808.14 Valid Averaging Periods {#sec-env-a-808.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.14}

The number of hours of valid CEM system data required for the calculation of a valid averaging period and for the determination of compliance for different emission standard periods shall be:

(a) For a 3-hour emission standard period, 2 hours of valid data;

(b) For a 4-hour emission standard period, 3 hours of valid data;

(d) For a 12-hour emission standard period, 9 hours of valid data;

(e) For a 24-hour emission standard period, 18 hours of valid data; and

(f) For any emission standard period longer than 24 hours, all valid hours of CEM system data collected during the period shall be included, except as specified in any rolling average established in a permit issued prior to the 2019 effective date of this chapter.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 808.11); ss by #12762, eff 5-1-19 (from Env-A 808.17)

N.H. Code Admin. R. Ann. Env-A 808.15 Reporting Valid and Substitute Data {#sec-env-a-808.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.15}

(a) In accordance with Env-A 808.13 and Env-A 808.14, the owner or operator shall include in the quarterly emission report the emissions as measured by the CEM system and averaged to demonstrate compliance with the emission standards to which the source is subject.

(b) Even if sufficient valid hours have been measured by the CEM system necessary for calculation of a valid averaging period as defined in Env-A 808.14 above, the owner or operator shall still report for any invalid hours that occurred during the emission standard period the substitute data, as approved in accordance with Env-A 808.12, that will be used to determine the source's total emissions.

History

#7788, eff 10-31-02; ss by #9802, eff 10-31-10 (from Env-A 808.12); ss by #12762, eff 5-1-19 (from Env-A 808.18)

N.H. Code Admin. R. Ann. Env-A 808.16 Use of CEM System Data {#sec-env-a-808.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 808.16}

The department shall use CEM system data either directly or indirectly for the following:

(a) Compliance determinations;

(b) Air quality impact analysis;

(d) Control technology review; and

(e) Emissions inventory.

History

#9802, eff 10-31-10 (from Env-A 808.13) ); ss by #12762, eff 5-1-19 (from Env-A 808.19)

Part Env-A 809 Approval of Alternate Methods

N.H. Code Admin. R. Ann. Env-A 809.01 Request for Approval of Alternate Methods or Requirements {#sec-env-a-809.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 809.01}

The owner or operator of a source who wishes to obtain approval of an alternate method or requirement (proposed alternate) shall file with the department a written request, electronically or on paper, that contains the following information:

(a) The name, mailing address, daytime telephone number, and e-mail address of the owner or operator requesting approval for the proposed alternate;

(b) The name and location of the source at which the proposed alternate will be implemented;

(d) A description of the proposed alternate;

(e) The identity of the compound(s) that is to be tested or controlled or the equipment that is to be addressed by the proposed alternate; and

(f) Technical data and information demonstrating that the purpose of the specified method or requirement will be achieved by the proposed alternate and that the proposed alternative produces results that are at least as precise and accurate as those produced by the specified method or requirement.

History

#6519-B, eff 5-29-97; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 809.02 Request Processing and Decision {#sec-env-a-809.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 809.02}

(a) Within 60 days of receipt of a request that meets the requirements of Env-A 809.01, the department shall review the request to determine whether it meets the criteria specified in (b), below.

(b) The department shall approve the request if the department determines that the proposed alternate:

(1) Achieves the purpose of the specified method or requirement; and

(2) Produces results that are at least as precise and accurate as those produced by the specified method or requirement.

(c) The department shall notify the person who submitted the request and EPA of the decision in writing. If the request is denied, the department shall specify the reason(s) for the denial.

History

#6519-B, eff 5-29-97; ss by #7788, eff 10-31-02; ss by #9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 809.03 Alternate Methods for Federal Standards {#sec-env-a-809.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 809.03}

An owner or operator seeking approval of modifications to test methods or of alternate test methods for compliance with federal standards, such as those specified in 40 CFR 60, 61, 63, and 75, shall submit the request to EPA for approval.

History

#9802, eff 10-31-10 (from Env-A 809.02); ss by #12762, eff 5-1-19

Part Env-A 810 Air Pollution Control Equipment Monitoring Plan; Additional Testing and Monitoring

N.H. Code Admin. R. Ann. Env-A 810.01 Monitoring Plans for Air Pollution Control Equipment {#sec-env-a-810.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 810.01}

(a) Except as specified in (f) below, the owner or operator of a source that is required to install and operate air pollution control equipment in order to comply with an emission limit specified in a permit, rule, or order shall file a written monitoring plan with the department which documents the maintenance procedures, control equipment parameter monitoring, and any sampling or testing specified by the manufacturer of the device, in order to demonstrate continued effectiveness of the control equipment to comply with the applicable emission standard.

(b) The owner or operator shall submit the air pollution control equipment monitoring plan as part of the application for a temporary permit, state permit to operate, or title V operating permit as specified in Env-A 607.03, Env-A 608.03, or Env-A 609.06, respectively.

(c) The air pollution control equipment monitoring plan shall include the following information for each piece of air pollution control equipment:

(1) The type of control device;

(2) The manufacturer of the control device;

(3) The model and serial number of the control device, if known;

(4) The pollutant(s) controlled by the device;

(5) A description of the control device and how it operates in the process;

(6) The capture efficiency of the device and its method of determination;

(7) The control efficiency of the device and its method of determination;

(8) The operational parameters of the device that are or will be monitored, such as temperature, pressure, differential pressure, pH, and flowrate, the normal range for each parameter monitored, and the range of each parameter during startup or shutdown conditions, if different;

(9) A description of any data recording or recordkeeping, parameter setpoints and alarms, and corresponding operator responses to malfunctions of the device to prevent uncontrolled emissions of air pollution;

(10) The manufacturer's recommended procedures for operation of the device;

(11) The manufacturer's recommended scheduled for service, maintenance, and calibration of the device; and

(12) Any other operational parameters that affect the ability of the device to control air pollution.

(d) If the air pollution control device uses a catalyst as part of its operation to reduce the volume or concentration of pollutant passing through it, the owner or operator shall submit a catalyst management plan for the catalytic device which includes the following:

(1) The information listed in (c)(1) - (12), above;

(2) A description of the method for catalyst sampling and determination of catalyst activity; and

(3) The frequency of catalyst replacement.

(e) If the owner or operator determines that the information and procedures documented in the air pollution control equipment monitoring plan or catalyst management plan need to be changed at any time to accurately represent the activities performed to maintain the control equipment, the owner or operator shall submit a revised monitoring or management plan, as applicable, to the department in writing.

(f) If an air pollution control equipment monitoring plan, as required by (a) above, has been submitted previously with an application for a permit and there has been no change to the control equipment, the operation of that equipment, or any associated monitoring since the initial submission, the owner or operator may state in writing that there has been no such change in lieu of the requirement to submit a plan with a subsequent permit application.

History

#9802, eff 10-31-10; ss by #12762, eff 5-1-19

N.H. Code Admin. R. Ann. Env-A 810.02 Information Regarding Additional Monitoring {#sec-env-a-810.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 810.02}

(a) Except as specified in (c) below, the owner or operator of a source that is required to submit an application for a temporary permit, state permit to operate, or title V operating permit as specified in Env-A 607.03, Env-A 608.03, or Env-A 609.06, respectively, shall include with the application a description of any other monitoring that:

(1) The source intends to follow in order to demonstrate compliance with any applicable state or federal statute, rule, regulation, or permit; and

(2) Is not otherwise described by the information submitted pursuant to Env-A 810.01.

(b) The description of the monitoring shall include the following:

(1) The device or process parameter(s) monitored;

(2) The frequency of monitoring;

(3) The normal range for each parameter monitored, and range during startup or shutdown conditions, if different;

(4) A description of any data recording or recordkeeping, parameter setpoints and alarms, and corresponding operator responses to malfunctions of the monitoring device or source of emissions;

(5) The manufacturer's recommended procedures for operation;

(6) The manufacturer's recommended schedule for service and maintenance of the monitoring device; and

(7) Any additional information needed to completely describe the nature, timing, and purpose of the monitoring.

(c) If a description of additional monitoring, as required by (a) above, has been submitted previously with an application for a permit and there has been no change to the additional monitoring since the initial submission, the owner or operator may state in writing that there has been no such change in lieu of the requirement to submit a description of additional monitoring with a subsequent permit application.

Appendix A: State Statutes, Federal Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute/Regulation Implemented

Env-A 801

RSA 125-C:6, XI

Env-A 802

RSA 125-C:6, XI

Env-A 803

RSA 125-C:6, XI

42 U.S.C. Section 7410 & 7502(c)

Env-A 804

RSA 125-C:6, XI

42 U.S.C. Section 7410 & 7502(c)

Env-A 805

RSA 125-C:6, XI

Env-A 806 (also see specific section below)

RSA 125-C:6, XI

Env-A 806.05

RSA 125-C:4, I(k)

Env-A 807

RSA 125-C:6, XI & XII

Env-A 808

RSA 125-C:6, XI

40 CFR 51 Appendix P, 60, 61, 63 & 75

Env-A 809

RSA 125-C:6, XI & XII

Env-A 810

RSA 125-C:4, I(k)

Appendix B: Department Contact Information

Method of Contact

Contact Information

First-class mail

Testing and Monitoring Section

NHDES Air Resources Division

29 Hazen Drive; PO Box 95

Concord, NH 03302-0095

Delivery (commercial service or in-hand)

29 Hazen Drive, Concord, NH

testingmonitoring@des.nh.gov

Telephone

(603) 271-1386

Fax

(603) 271-1381

History

#9802, eff 10-31-10; ss by #12762, eff 5-1-19

Chapter Env-A 900 Owner or Operator Recordkeeping and Reporting Obligations

Part Env-A 901 Purpose; Applicability; Definition

N.H. Code Admin. R. Ann. Env-A 901.01 Purpose {#sec-env-a-901.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 901.01}

The purpose of this chapter is to require the owner or operator of sources that discharge air pollutants to maintain records so that the emissions of such pollutants can be readily calculated or estimated and reported to the department for the purposes of demonstrating compliance, compiling emission inventories, and developing air-related strategic plans.

History

#120, eff 8-31-73; ss by #721.18, eff 12-7-75; ss by #719, 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 #5505, eff 11-15-92, EXPIRED: 11-15-98
#6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 901.02 Applicability {#sec-env-a-901.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 901.02}

This chapter shall apply to each stationary source, area source, or device that discharges air pollutants into the ambient air and is regulated under RSA 125-C or RSA 125-I, or both.

History

#5505, eff 11-15-92; ss by #6087, eff 8-31-95; rpld by #6983-B, eff 4-23-99
#10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 901.03 Definition {#sec-env-a-901.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 901.03}

For purposes of this chapter, “electronic means” as applied to the submittal of reports or other documents to the department means by fax, as an attachment to an email, or through an electronic reporting system designed and intended to be used for submitting reports electronically to the department.

History

#120, eff 8-31-73; ss by #721.18, eff 12-7-75; ss by #719, 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 #5505, eff 11-15-92; ss by #6519-B, eff 5-29-97; rpld by #6983-B, eff 4-23-99
#10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 902 Availability of Records

N.H. Code Admin. R. Ann. Env-A 902.01 Record Retention and Availability {#sec-env-a-902.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 902.01}

(a) Any owner or operator of a stationary source, area source, or device that is subject to this chapter shall:

(1) Maintain the required records on file for a minimum of 5 years; and

(2) Make the required records available to the department upon request.

(b) The owner or operator of a stationary source, area source, or device that discharges air pollutants into the ambient air and is exempt under Env-A 903.01(b) from the general recordkeeping requirements of this chapter shall maintain any records relating to:

(1) Production data;

(2) Material usage;

(3) Equipment manufacturer’s specifications;

(4) Material safety data sheets;

(5) Fuel consumption; and

(6) Such other similar records, data, and information.

(c) A stationary source, area source, or device that is subject to Env-A 1400 shall maintain records in accordance with the applicable method used to demonstrate compliance pursuant to Env-A 1405.

History

#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 #5505, eff 11-15-92, EXPIRED: 11-15-98
#6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#6983-B, eff 4-23-99 (formerly Env-A 901.10); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 903 General Recordkeeping Requirements

N.H. Code Admin. R. Ann. Env-A 903.01 Applicability {#sec-env-a-903.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 903.01}

(a) Except as provided in (b), below, this part shall apply to any stationary source, area source, or device that is subject to Env-A 600.

(b) The owner or operator of any of the following stationary sources, area sources, or devices shall not be required to comply with the requirements of this part with respect to that source or device:

(1) A device that is not subject to Env-A 600 that is located at a source that is subject to Env-A 600;

(2) A source or device that is an exempt or insignificant activity pursuant to Env-A 609.03 or Env-A 609.04, respectively; or

(3) A source or device that is operated under a permit-by-notification issued pursuant to Env-A 603.02.

History

#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 #5505, eff 11-15-92, EXPIRED: 11-15-98
#6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
#6983-B, eff 4-23-99; ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; amd by #9792, eff 10-1-10; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 903.02 General Recordkeeping Requirements for Process Operations {#sec-env-a-903.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 903.02}

The owner or operator of each process shall maintain the following material use or production records on a monthly basis:

(a) The total quantities of all materials used or produced in each process that are necessary to calculate emissions, to verify applicability and compliance with all emission limitations, or to verify production capacities and quantities; and

(b) For a source operating more than one process, all operational data needed to estimate the distribution of the usages, production, and emissions from such processes.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 903.03 General Recordkeeping Requirements for Combustion Devices {#sec-env-a-903.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 903.03}

(a) The owner or operator of a combustion device shall maintain records of consumption and type for each fuel and waste combusted in the device, on a monthly basis.

(b) The owner or operator of a source operating multiple combustion devices that share a common fuel source shall maintain records on a monthly basis of all operational data needed to estimate the distribution of the fuel combusted and emissions from each combustion device.

(c) The owner or operator of a combustion device shall maintain records of the following characteristics for each fuel combusted in the device:

(1) For coal, on a monthly basis as follows:

a. Ash content;

b. BTU content of fuel; and

c. Weight percent of sulfur;

(2) For solid fuels other than coal, No. 6 oil, No. 5 oil, used oil, crude oil, and any liquid fuel not having a federal or state sulfur standard:

a. Records showing the maximum weight percentage sulfur and quantity of each fuel delivery received; and

b. Records showing either:

The analytical method used and the specific fuel analysis results of the shipment or consignment from which the delivery came; or
Delivery records sufficient to allow for traceability of the analytical results corresponding to each delivery received by the stationary source, showing:

(i) The date of delivery;

(ii) The type of fuel; and

(iii) The name, address, and telephone number of the company making the delivery;

(3) For any liquid fuel other than those listed in (2), above, either the records identified in (2), above, or a written statement from the fuel supplier that the sulfur content of the fuel as delivered does not exceed state or federal standards for that fuel; and

(4) For gaseous fuels other than natural gas or propane, on a monthly basis:

a. Sulfur content by weight or volume of fuel; and

b. BTU content of fuel.

History

#6983-B, eff 4-23-99; amd by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10413, eff 9-24-13 ; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 903.04 General Recordkeeping Requirements for Sources with Continuous Emissions Monitoring Systems {#sec-env-a-903.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 903.04}

The owner or operator of a stationary source with a certified continuous emissions monitoring system that is subject to Env-A 800 shall maintain records as specified in Env-A 800.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 903.05 General Recordkeeping for Fuel Suppliers {#sec-env-a-903.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 903.05}

Each major fuel company shall retain copies of each fuel analysis performed pursuant to Env-A 1607.01.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.05); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 904 Voc Emission Statements Recordkeeping Requirements

N.H. Code Admin. R. Ann. Env-A 904.01 Applicability {#sec-env-a-904.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.01}

Any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year or that is subject to Env-A 1200 “VOC RACT” shall comply with the applicable provisions of this part for that year.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 904.02 General VOC Recordkeeping {#sec-env-a-904.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.02}

The owner or operator of any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year shall maintain records of the following information:

(a) Identification of each VOC-emitting process or device that is subject to Env-A 600;

(b) The operating schedule during the high ozone season for each VOC-emitting process or device identified in (a), above, including:

(1) The typical hours of operation per day; and

(2) The typical days of operation per calendar month; and

(1) Actual monthly VOC emissions, in tons, from each VOC-emitting process or device identified in (a), above;

(2) Typical high ozone season day VOC emissions, in pounds per day, from each VOC-emitting process or device identified in (a), above; and

(3) The emission factors and the origin of the emission factors used to calculate the VOC emissions.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); amd by #7973, eff 10-21-03); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 904.03 VOC Recordkeeping for Surface Coating and Printing Operations {#sec-env-a-904.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.03}

For all industrial adhesives, surface coating, and printing operations that are subject to Env-A 1200, the owner or operator shall maintain records of the following information:

(a) Except those sources subject to Env-A 1215.01 through Env-A 1215.04 and Env-A 1216, adhesive, coating, or ink formulation, and analytical data, as follows:

(1) Supplier;

(2) Name and color;

(3) Type;

(4) Identification number;

(5) Density described as lbs/gal;

(6) Total volatile content described as weight percent;

(7) Water content described as weight percent;

(8) Exempt solvent content described as weight percent;

(9) VOC content described as weight percent;

(10) Solids content described as volume percent;

(11) Diluent name and identification number;

(12) Diluent solvent density described as lbs/gal;

(13) Diluent VOC content described as weight percent;

(14) Diluent exempt solvent content described as weight percent;

(15) Volume of diluent VOC described as gal; and

(16) Diluent solvent ratio described as gal diluent solvent/gal coating;

(b) The number of gallons of each coating and ink, including solvents and diluents, used during a typical high ozone season day;

(1) Method of application;

(2) Number of coats for coating operations;

(3) Drying method, if applicable; and

(4) Substrate type and form;

(d) For printing operations subject to Env-A 1215.01 through Env-A 1215.04, ink formulation as follows:

(1) Volume percent of VOC as applied;

(2) Volume percent of VOC and water for the volatile fraction of the ink; or

(3) For packaging rotogravure and flexographic printing only, pounds VOC per pound of solids or kilograms VOC per kilogram of solids as applied; and

(e) For printing operations subject to Env-A 1216, cleaning material and fountain solution information as follows:

(1) Amount of cleaning materials used on a monthly basis, in gallons or pounds for each cleaning material that does not meet either of the requirements in Env-A 1216(a)(1) or (a)(2);

(2) VOC content described as weight percent or in terms of pounds of VOC per gallon of cleaning solution as applied, if applicable;

(3) If fountain solution is refrigerated, the temperature of the solution; and

(4) Documentation of the alcohol content of fountain solutions.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #12043, eff 11-18-16; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 904.04 VOC Recordkeeping for Certain Unclassifiable Operations {#sec-env-a-904.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.04}

For all applicable unclassifiable processes other than unclassifiable coating or printing processes, the owner or operator shall maintain records of process information, including throughput data, required by Env-A 903.02 in such form as to allow the department to determine actual and theoretical potential VOC emissions from each applicable device or process.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.03); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.05)

N.H. Code Admin. R. Ann. Env-A 904.05 VOC Recordkeeping for Open Top Vapor Degreasing, Conveyorized Degreasing, and Solvent Metal Cold Cleaners {#sec-env-a-904.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.05}

For open-top vapor degreasing, conveyorized degreasing, and solvent metal cold cleaners that are subject to Env-A 1221, the owner or operator shall maintain records of the following information:

(a) For a conveyorized degreaser, the physical air or vapor interface size in square feet;

(b) Air pollution control equipment information; and

(1) Air pollution control equipment maintenance records, such as replacement of the carbon in a carbon adsorption unit;

(2) Results of visual inspections conducted in accordance with Env-A 804.23(a); and

(3) The results of all tests conducted in accordance with Env-A 804.23(b).

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.05); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.06)

N.H. Code Admin. R. Ann. Env-A 904.06 VOC Recordkeeping for Fixed Roof or External Floating Roof VOL Storage Tanks, Bulk Gasoline Loading Terminals, Bulk Storage Plants, and Petroleum Refineries {#sec-env-a-904.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.06}

For fixed-roof or external floating-roof volatile organic liquid (VOL) storage tanks, bulk gasoline loading terminals, bulk storage plants, and petroleum refineries that are subject to Env-A 1217, the owner or operator shall maintain records of the following information:

(a) Individual VOL storage tank data, if applicable, including the following:

(1) Tank capacity;

(2) Volume and type of VOL stored;

(3) For VOL storage tanks, a record of the maximum true vapor pressure of the liquid as stored;

(4) For VOL storage tanks exempted by Env-A 1217.01(a) or Env-A 1217.03(a), but containing a VOL with a true vapor pressure greater than 7.0 kilopascals (kPa), or 1.0 pound per square inch atmospheric (psia):

a. Average monthly storage temperature;

b. Type of liquid stored; and

c. Maximum true vapor pressure for any VOL with a true vapor pressure exceeding 7.0 kPa (1.0 psia); and

(5) Air pollution control equipment information including:

a. For VOL storage tanks, seal type, and date of retrofit, if applicable; and

b. For VOL storage tanks, records of malfunctions, visual leak inspection results, including:

For fixed-roof tanks, reports and results of inspections conducted in accordance with Env-A 1217.02(f) and Env-A 1217.02(g); and
For external floating roof tanks, reports and results of inspections conducted in accordance with Env-A 1217.04(j) and Env-A 1217.04(k);

(b) Records of VOC emission testing and all continuous emission monitoring data, including, for bulk gasoline loading terminals, records that document compliance with the emission limit pursuant to Env-A 1217.06(a); and

(1) Records of malfunctions, visual leak inspection results, startups, and shutdowns;

(2) Records of VOC emission testing and all continuous emission monitoring data;

(3) Each date that any process unit or vessel was shut down; and

(4) The vessel volatile organic compound concentration when the volatile organic compounds were first discharged to the atmosphere.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.06); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.07)

N.H. Code Admin. R. Ann. Env-A 904.07 Recordkeeping for Sources or Devices with Add-on VOC Air Pollution Control Equipment {#sec-env-a-904.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 904.07}

The owner or operator of any stationary source, area source, or device with add-on VOC control equipment shall maintain records of the following information, as applicable:

(a) The air pollution control device identification number, type, model number, and manufacturer;

(b) Installation date;

(d) The type and location of the capture system, capture efficiency percentage, and method of determining capture efficiency;

(e) Information as to whether or not the control device is always in operation when the process(es) or device(s) are in operation;

(f) The destruction or removal efficiency of the add-on air pollution control equipment, including:

(1) Destruction or removal efficiency, in percent;

(2) Date tested;

(3) The emission test results, if tested, including:

a. The inlet VOC concentration in ppm;

b. The outlet VOC concentration in ppm; and

c. The method of determination of the concentrations in a. and b. above; and

(4) The method of determining destruction or removal efficiency, if not tested;

(g) For thermal incinerators, the design combustion temperature in degrees F;

(h) For catalytic incinerators:

(1) The design exhaust gas temperature in degrees F;

(2) The design temperature rise across the catalyst bed in degrees F;

(3) The anticipated frequency of catalyst change; and

(4) Any actual catalyst changes;

(i) For a condenser:

(1) The design inlet temperature of the cooling medium; and

(2) The design exhaust gas temperature in degrees F; and

(j) For a carbon adsorber:

(1) The design pressure drop across the adsorber; and

(2) The VOC concentration at breakthrough.

History

#10892, eff 7-18-15 (from Env-A 904.07); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.08)

Part Env-A 905 NOx EMISSION STATEMENTS RECORDKEEPING REQUIREMENTS

N.H. Code Admin. R. Ann. Env-A 905.01 Applicability {#sec-env-a-905.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 905.01}

Any stationary source, area source, or device that has actual NOx emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that year.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 905.02 General NOx Recordkeeping {#sec-env-a-905.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 905.02}

The owner or operator of any stationary source, area source, or device subject to this part shall record the following information and maintain such records at the facility:

(a) Identification of each combustion device that is subject to Env-A 600; and

(b) Operating schedule during the high ozone season for each combustion device identified in (a), above, including for each device:

(1) The typical hours of operation per day;

(2) The typical days of operation per calendar month;

(3) Type and amount of fuel burned;

(4) Design heat input rate in million BTUs per hour or, for incinerators, in tons per hour; and

(5) The following NOx emission data:

a. Actual monthly NOx emissions;

b. The typical high ozone season day NOx emissions, in pounds per day; and

c. The emission factors and the origin of the emission factors used to calculate the NOx emissions.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 905.03 Recordkeeping for Sources or Devices with Add-on NOx Air Pollution Control Equipment {#sec-env-a-905.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 905.03}

The owner or operator of any stationary source or device with add-on NOx air pollution control equipment shall record and maintain the following information:

(a) The air pollution control device identification number, type, model number, and manufacturer;

(b) Installation date;

(d) Type and location of the capture system, capture efficiency percent, and method of determination;

(e) Information as to whether or not the air pollution control device is always in operation when the fuel burning device or incinerator it is serving is in operation; and

(f) The destruction or removal efficiency of the add-on air pollution control equipment, including the following information:

(1) Destruction or removal efficiency, in percent;

(2) Date tested;

(3) The emission test results, if tested, including:

a. The inlet NOx concentration in ppm;

b. The outlet NOx concentration in ppm; and

c. The method of determination of the concentrations in a. and b. above; and

(4) The method of determining destruction or removal efficiency, if not tested.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 906 Additional Recordkeeping Requirements

N.H. Code Admin. R. Ann. Env-A 906.01 Additional Recordkeeping Requirements {#sec-env-a-906.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 906.01}

The owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall maintain such additional records as are necessary to demonstrate compliance with all state and federal statutes, rules, regulations, and permits.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 907 General Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 907.01 General Reporting Requirements {#sec-env-a-907.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 907.01}

All reports submitted to the department shall be prepared as follows:

(a) Each report shall be separately and clearly labeled with:

(1) The name, mailing address, and physical address of the source covered by the report;

(2) The operating period covered by the report;

(3) The permit number and condition or item number that requires the report submittal;

(4) The type of report, using the name of the report as specified in the reporting condition in the permit, that is being submitted; and

(5) The date the report was prepared;

(b) An owner or operator who submits a report that is a revision to a previously-submitted report shall clearly identify the previously-submitted report with the information specified in (a), above, and indicate which portions of the report have been revised;

(c) The owner or operator may submit more than one report with a single cover, provided the owner or operator clearly identifies each report being submitted using the information required by (a), above, and by (b), above, if applicable, for each report;

(d) Each report submitted by or on behalf of the owner or operator of a source that is subject to Env-A 609 shall be signed by the responsible official;

(e) The signature provided pursuant to (d), above, or (f), below, shall constitute certification that:

(1) The official is authorized to submit the report on behalf of the facility covered by the report;

(2) Based on information and belief formed after reasonable inquiry, the official believes the statements and information in the enclosed documents are true, complete, and not misleading to the best of the official’s knowledge and belief; and

(3) The official is aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment; and

(f) The owner or operator shall submit reports as paper documents or by electronic means. The owner or operator of a source that is subject to Env-A 609 who submits a report by electronic means shall separately mail or deliver a cover letter, signed by the responsible official, that contains the information specified in items (a) through (c), and (e), above, as well as the date the report was submitted by electronic means.

History

#10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 907.02 Annual Emissions Reporting Requirements {#sec-env-a-907.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 907.02}

(a) For purposes of this section, “emissions unit” means:

(1) At a facility that is subject to Env-A 609, any source or device that is not an exempt activity pursuant to Env-A 609.03, or an insignificant activity pursuant to Env-A 609.04; and

(2) At any other facility, any source or device listed in Env-A 607.01.

(b) Except as provided in (c), below, the owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall submit an annual emissions report to the department on or before April 15 of the year following the calendar year covered by the report.

(1) A permit-by-notification pursuant to Env-A 603.02;

(2) A general state permit established for the source category for emergency generators or emergency engines described in Env-A 610.04(b)(1) for which a registration package has been approved pursuant to Env-A 610.09; or

(3) A limitation on potential to emit established pursuant to Env-A 625.

(d) Except as provided in (e), below, the annual emissions report required by (b), above, shall include the actual annual emissions of NOx, total VOCs, filterable PM, CO, and SO2, and the following emissions information, as applicable, for each emissions unit:

(1) For each emissions unit at a stationary source subject to Env-A 609, actual annual emissions of:

a. Each hazardous air pollutant, reported by CAS number;

b. Filterable PM10, filterable PM2.5, and condensable PM;

c. CO2e; and

d. Ammonia and lead;

(2) For each emissions unit subject to Env-A 1400, the actual annual emissions of each regulated toxic air pollutant and each hazardous air pollutant, reported by CAS number;

(3) For each emissions unit subject to Env-A 503, actual annual emissions of each pollutant to which a new source performance standard applies pursuant to Env-A 503.01; and

(4) For each emissions unit subject to Env-A 619, the actual annual emissions of each pollutant for which a standard was established for the unit pursuant to Env-A 619.

(e) For each emissions unit that requires a permit solely because the unit is subject to Env-A 607.01(t), the annual emissions report required by (b), above, shall contain the actual annual emissions of each regulated toxic air pollutant from that unit, reported by CAS number.

(f) The annual emissions report required by (b), above, also shall include the following information for each emissions unit:

(1) For process operations, all information required to be kept by Env-A 903.02;

(2) For combustion devices, all information required to be kept by Env-A 903.03;

(3) The methods used in calculating emissions in accordance with Env-A 705.02; and

(4) The emission factors and the origin of the emission factors.

(g) CO2e and condensable PM shall not be subject to Env-A 705.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; amd by #9792, eff 10-1-10; ss by #10748, eff 12-19-14; ss by #10892, eff 7-18-15 (from Env-A 907.01); amd by #12043, eff 11-18-16; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 907.03 General Reporting Requirements for Sources Subject to Env-A 609 {#sec-env-a-907.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 907.03}

The owner or operator of any stationary source, area source, or device that is subject to Env-A 609 shall:

(a) No later than April 15 of the year following the calendar year covered by the report, submit an annual compliance certification to the department and to the EPA that includes the following information for each requirement and condition of each effective permit:

(1) The particular permit condition or item number that references each requirement, and a brief summary of the requirement;

(2) The compliance status with respect to the requirement and whether during the year compliance with the requirement was continuous, intermittent, not achieved, or not applicable;

(3) The method(s) used to determine compliance, such as monitoring, record keeping, reporting, or test methods;

(4) If compliance was not continuous, a description of each permit deviation; and

(5) Any additional information required in order for the department to determine the compliance status of the source; and

(b) For each effective permit, submit a semi-annual permit deviation and monitoring report to the department, by July 31 for the period January 1 through June 30 and by January 31 for the period July 1 through December 31, that includes:

(1) A summary of permit deviations pursuant to Env-A 911.05(a) and (b) that occurred during the period being reported; and

(2) A summary of any monitoring required by the permit.

History

#7615, eff 12-20-01; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 907.04); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 908 Voc Emission Statements Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 908.01 Applicability {#sec-env-a-908.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 908.01}

The owner or operator of any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that calendar year.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.07); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 908.02 Frequency of Reporting; Information Required {#sec-env-a-908.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 908.02}

The owner or operator of the stationary source, area source, or device shall submit all information required to be recorded by Env-A 904.02(a)-(c) that applies to the source or device by April 15 of the year following the calendar year covered by the report.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.07); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 909 NOx EMISSION STATEMENTS REPORTING REQUIREMENTS

N.H. Code Admin. R. Ann. Env-A 909.01 Applicability {#sec-env-a-909.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 909.01}

The owner or operator of any stationary source, area source, or device that has actual NOx emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that calendar year.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.09); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 909.02 Frequency of Reporting; Information Required {#sec-env-a-909.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 909.02}

The owner or operator of the stationary source, area source, or device shall submit all information required by Env-A 905 as applicable to the source or device covered by the report by April 15 of the year following the calendar year covered by the report.

History

#6983-B, eff 4-23-99 (formerly Env-A 901.09); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 910 Additional Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 910.01 Additional Reporting Requirements {#sec-env-a-910.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 910.01}

The owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall submit to the department such additional reports as are necessary to demonstrate compliance with all state and federal statutes, rules, regulations, and permits.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 911 Recordkeeping and Reporting Requirements for Permit Deviations and Air Pollution Control Equipment Parameter Excursions

N.H. Code Admin. R. Ann. Env-A 911.01 Purpose {#sec-env-a-911.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 911.01}

The purpose of this part is to establish the recordkeeping and reporting requirements for a facility owner or operator in the event of a permit deviation.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 911.02 Applicability {#sec-env-a-911.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 911.02}

(a) Except as limited by (b), below, this part shall apply to every owner or operator of a stationary source, area source, or device that is subject to Env-A 609.

(b) The owner or operator of a non-title V source that has been issued a temporary permit or a state permit to operate shall comply with the following:

(1) The requirements in Env-A 911.03(a) and Env-A 911.04 (a) and (d); and

(2) For any permit deviation or parameter excursion that is reportable in accordance with Env-A 911.04(a) or (d), the requirement to record the information in accordance with Env-A 911.03(b).

History

#6983-B, eff 4-23-99; ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 911.03 Recordkeeping Requirements {#sec-env-a-911.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 911.03}

In the event of a permit deviation, the owner or operator shall:

(a) Investigate and take corrective action immediately upon discovery of the permit deviation to restore the affected device, process, or air pollution control equipment to within allowable permit conditions; and

(b) Record the following information:

(1) A description of the permit deviation, including the applicable permit number and permit condition(s);

(2) The probable cause of the permit deviation;

(3) The date and time of the discovery of the permit deviation;

(4) The actual date(s) and time(s) of the permit deviation;

(5) The duration of the permit deviation, including the date and time that the device, process, or air pollution control equipment returned to operation in compliance with an enforceable emission limitation or operating condition;

(6) The specific device, process, or air pollution control equipment that contributed to the permit deviation;

(7) Any corrective measures taken to address the permit deviation;

(8) Preventative measures taken to prevent future permit deviations;

(9) The type and amount of any excess emissions that occurred as a result of the permit deviation, if applicable; and

(10) If applicable, the calculation or estimation used to quantify the excess emissions.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 911.04 Reporting Requirements {#sec-env-a-911.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 911.04}

(a) For any permit deviation that causes excess emissions, the owner or operator shall:

(1) Notify the department of the permit deviation and excess emissions by telephone or by electronic means within 24 hours of discovery of the permit deviation, unless it is discovered on a Saturday, Sunday, or state legal holiday, in which event the owner or operator shall notify the department on the next day that is not a Saturday, Sunday, or state legal holiday; and

(2) Submit a written report of the deviation on paper or by electronic means to the department within 10 days of discovery of the permit deviation reported pursuant to (1), above, that includes all of the information required by Env-A 911.03(b) to be recorded together with the following:

a. Facility name;

b. Facility address;

c. Name of the responsible official; and

d. Facility telephone number.

(b) If the permit deviation referenced in Env-A 911.03 does not cause excess emissions but continues for a period greater than 9 consecutive days, the owner or operator of the affected device, process, or air pollution control equipment shall notify the department of the information required by (a)(2), above, by electronic means on the tenth day of the permit deviation, unless that day is a Saturday, Sunday, or state legal holiday, in which event the department shall be notified on the next day that is not a Saturday, Sunday, or state legal holiday.

(c) For any permit deviation caused by a failure to comply with the data availability requirements of Env-A 800, the owner or operator of the affected device, process, or air pollution control equipment shall:

(1) Report the permit deviation to the department by electronic means within 10 days of discovery of the permit deviation; and

(2) Report the permit deviation to the department as part of the quarterly emissions report submitted pursuant to Env-A 800.

(d) The owner or operator of a stationary source, area source, or device who is required to operate air pollution control equipment to limit emissions from the source or device shall, in the event of an excursion such that a monitored parameter specified by the permit to document the performance of the air pollution control equipment is above a maximum or below a minimum set point or is outside of the required operating range for that parameter, comply with the following:

(1) If the parameter cannot be brought back into the range specified for normal operation within 48 hours of the excursion, then:

a. Notify the department by telephone or electronic means within the next 24 hours, unless that period would be a Saturday, Sunday, or state legal holiday, in which case the owner or operator shall notify the department on the next day that is not a Saturday, Sunday, or state legal holiday; and

b. Submit a written report of the excursion on paper or by electronic means to the department within 10 days of the notice provided pursuant to (1), above, that includes all of the information required by Env-A 911.03(b) to be recorded together with the following:

Facility name;
Facility address;
Name of the responsible official; and
Facility telephone number; and

(2) Maintain records of the event in accordance with Env-A 911.03(b).

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 911.05 Semiannual Reporting of Permit Deviations {#sec-env-a-911.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 911.05}

The owner or operator of a stationary source, area source, or device that is subject to Env-A 609 shall report to the department, by July 31 for the period January 1 through June 30 and by January 31 for the period July 1 through December 31, the following information:

(a) A summary of all permit deviations previously reported to the department pursuant to Env-A 911.04(a), (b), and (d); and

(b) A list of all permit deviations recorded pursuant to Env-A 911.03(b).

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Part Env-A 912 Alternative Time Periods

N.H. Code Admin. R. Ann. Env-A 912.01 Approval of Alternative Time Periods {#sec-env-a-912.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 912.01}

Any owner or operator subject to this chapter may request an alternative recordkeeping or reporting time period in accordance with this part.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 912.02 Request {#sec-env-a-912.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 912.02}

The person seeking approval of the alternative time period shall submit the following information to the department in writing:

(a) The specific citation and the specific time period for which the alternative time period is sought;

(b) The proposed alternative time period;

(d) Information demonstrating that the alternative time period will result in records that are sufficient to demonstrate compliance with all applicable requirements.

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07 (from Env-A 912.01(a)); ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

N.H. Code Admin. R. Ann. Env-A 912.03 Department Action on Request {#sec-env-a-912.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 912.03}

(a) The department shall review the information submitted pursuant to Env-A 912.02 within 30 days of receipt.

(b) The department shall approve the request if the alternative time period will result in records that are sufficient to demonstrate compliance with all applicable requirements.

(c) The department shall notify the person making the request of its decision in writing. If the request is denied, the notice shall specify the reason(s) for the denial.

Appendix A: State and Federal Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute/Regulation Implemented

Env-A 901

RSA 125-C:6, XI

42 U.S.C. 7414

Env-A 902

RSA 125-C:6, VII; RSA 125-I:7, II

Env-A 903

RSA 125-C:6, XI

Env-A 904

RSA 125-C:6, XI

42 U.S.C. 7511a

Env-A 905

RSA 125-C:6, XI

42 U.S.C. 7511a

Env-A 906

RSA 125-C:6, XI

Env-A 907

RSA 125-C:6, XI

42 U.S.C. 7511a

Env-A 908

RSA 125-C:6, XI

42 U.S.C. 7511a

Env-A 909

RSA 125-C:6, XI

42 U.S.C. 7511a

Env-A 910

RSA 125-C:6, XI

Env-A 911

RSA 125-C:6, XI

42 U.S.C. 7661c(c); 40 CFR 70.6(a)

Env-A 912

RSA 125-C:6, XI

History

#6983-B, eff 4-23-99; ss by #8872, eff 4-21-07 (from Env-A 912.01(b)); ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Chapter Env-A 1000 Prevention, Abatement, and Control of Open Source Air Pollution

Part Env-A 1001 Open Burning

N.H. Code Admin. R. Ann. Env-A 1001.01 Purpose {#sec-env-a-1001.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.01}

The purpose of this part is to limit open air source pollution by regulating emissions of particulate matter and toxic air pollutants from the burning of materials where the products of combustion are discharged directly into the atmosphere rather than through a stack, chimney, or flue. Regulation of open burning is necessary to maintain attainment of the ambient air quality standards in accordance with sections 109 and 110 of the Clean Air Act, as amended, and to protect the public health and welfare pursuant to RSA 125-C:1.

History

#120, eff 8-31-73; ss by #721.1, eff 12-7-75; amd by #1036, eff 10-15-77; #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 #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.02 Applicability {#sec-env-a-1001.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.02}

This part shall apply to any person conducting open burning within the state.

History

#120, eff 8-31-73; ss by #721.1, eff 12-7-75; amd by #1036, eff 10-15-77; #1717, eff 2-19-81; amd #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #4619, eff 5-26-89; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.03 Definitions {#sec-env-a-1001.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.03}

(a) “Brush” means tree tops, limbs, saplings, and tree cuttings, including attached leaves, that are 5 inches in diameter or less.

(b) “Campfire wood” means any section of a tree trunk, limb, or branch cut or split specifically for use in a campfire.

(c) “Combustible domestic waste” means “combustible domestic waste” as defined in RSA 125-N:2, IV, reprinted in Appendix B.

(d) “Construction and demolition debris” means “construction and demolition debris” as defined in RSA 149-M:4, IV-a, reprinted in Appendix B.

(e) “Open burning” means the burning of any type of combustible material outside in the ambient air.

(f) “Person” means “person” as defined in RSA 125-C:2, X, reprinted in Appendix B.

(g) “Salvaging or reclaiming operation” means any activity by which a used material is processed for reuse, including but not limited to reprocessing of used motor oils, metals, chemicals, shipping containers, drums, automobiles, automobile parts, and junk yard materials.

(h) “Tire” means any rubber or synthetic object that is solid, liquid, or gas-filled and upon which vehicles or machines can be or have been driven or moved.

(i) “Tube” means any rubber or synthetic object used in conjunction with tires for the purpose of containing gas within a tire cavity, regardless of whether any gas is still contained.

(j) “Untreated wood” means “untreated wood” as defined in Env-A 100, reprinted in Appendix B.

History

#120, eff 8-31-73; ss by #721.1, eff 12-7-75; amd by #1036, eff 10-15-77; #1717, eff 2-19-81; amd #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; amd by #9239, eff 8-23-08; amd by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.04 General Open Burning Requirements {#sec-env-a-1001.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.04}

Open burning in any part of the state shall be permissible only when the burning:

(a) Is conducted in accordance with the more stringent of all applicable state and local ordinances, including but not limited to RSA 125-C:10-c and RSA 227-L;

(b) Is authorized by an official having jurisdiction over open burning, whenever authorization is required; and

History

#120, eff 8-31-73; ss by #721.12, eff 12-7-75; #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 #6283-B, eff 7-10-96; ss and moved by #7850, eff 3-12-03 (formerly Env-A 1001.03(a)); ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.05 Limited Open Burning Authorized {#sec-env-a-1001.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.05}

Throughout the state, the following types of open burning shall be permissible without authorization from the department provided the requirements of Env-A 1001.04 are met:

(a) Burning of untreated wood, untreated pallets, campfire wood, brush, or charcoal in:

(1) A campfire, outdoor grill, or outdoor fireplace for recreational purposes or for food preparation; or

(2) A bonfire, in conjunction with holiday or festive celebrations;

(b) On-premises burning for the purpose of frost prevention or agricultural, forestry, or wildlife habitat improvement;

(d) Burning by the land owner of brush or leaves on a private, residential property, provided the material:

(1) Originates on-site; or

(2) Originates on another residential property and is not transported to the burning location for commercial purposes or by a commercial entity or its employees;

(e) Burning by any city or town of brush or leaves; and

(f) As specified in RSA 125-C:10-c, the incidental combustion, under the supervision of a solid waste facility operator, of the untreated wood component of construction and demolition debris at any municipal transfer station subject to regulation under RSA 149-M.

History

#120, eff 8-31-73; ss by #721.12, eff 12-7-75; #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 #6283-B, eff 7-10-96; ss and moved by #7850, eff 3-12-03(formerly Env-A 1001.03(b)(1), (b)(2), (b)(4), (c)(2), and (c)(3) and Env-A 1001.04(a)(2)); ss by #9239, eff 8-23-08; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.06 Prohibition Against Residential Open Burning of Combustible Domestic Waste {#sec-env-a-1001.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.06}

As specified in RSA 125-N:4, residential open burning of combustible domestic waste shall be prohibited.

History

#120, eff 8-31-73; ss by #721.1 and 721.2, eff 12-7-75; ss by #1036, eff 10-15-77; ss by #1717, eff 2-19-81; amd by #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.07 Prohibition Against Burning Tires and Tubes {#sec-env-a-1001.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.07}

No tires, tubes, or any portion thereof shall be burned in the ambient air at any place in the state for any reason.

History

#7850, eff 3-12-03 (formerly Env-A 1001.05); ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.08 Prohibition Against Burning in the Ambient Air for Salvaging or Reclaiming Operations {#sec-env-a-1001.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.08}

(a) An incinerator that meets the requirements of Env-A 1900 shall be employed for all thermal salvaging or reclaiming.

(b) No salvaging or reclaiming operation shall burn anything on-site in the ambient air.

History

#7850, eff 3-12-03 (formerly Env-A 1001.06); ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1001.09 Prohibition Against the Open Burning of Construction and Demolition Debris {#sec-env-a-1001.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1001.09}

As specified in RSA 125-C:10-c, I, no person shall combust in the open or allow the open burning of construction and demolition debris, including the wood component thereof.

History

#9239, eff 8-23-08; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

Part Env-A 1002 Fugitive Dust

N.H. Code Admin. R. Ann. Env-A 1002.01 Purpose {#sec-env-a-1002.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1002.01}

The purpose of this part is to limit pollution from open air sources by regulating the direct emissions of particulate matter from those activities that are most likely to generate airborne particulate matter, also called fugitive dust.

History

#1038, eff 10-15-78; amd 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 #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES:8-31-11; ss by # 9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1002.02 Applicability {#sec-env-a-1002.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1002.02}

(a) Fugitive dust emissions that are carried by air currents beyond the boundary of the lot on which such emissions occur shall be subject to this part when created by any commercial or business activity that generates airborne particulate matter, including but not limited to the following:

(1) Commercial mining and quarrying, including the construction, maintenance, or operation of a commercial mining, quarrying, or strip mining facility or part thereof, as well as activities that involve the use of explosive materials in a way that creates airborne particulate matter;

(2) Construction or renovation of buildings, bridges or other structures, including paving, sweeping, trenching, excavating, filling, or other activity associated with the building of streets, roads, highways, parking lots, public walkways, shopping centers, housing developments, or other centers of business or residential development;

(3) Pavement maintenance, including sweeping, vacuuming, surface preparation for resurfacing, and any other activity involved with the upkeep of streets, roads, highways, parking lots, public walkways, shopping centers, housing developments or other centers of business or residential development, buildings, bridges, utilities, sewer lines, waterlines, or similar structures;

(4) Demolition, including the tearing down of buildings, bridges, or other structures; and

(5) Outdoor storage and material stockpiles, including the unloading, redistribution, and maintenance of materials.

(b) This part shall not apply to the following:

(1) Application of materials such as sand or de-icing chemicals to streets, roads, highways, parking lots, driveways, or walkways for pedestrian and vehicular safety;

(2) Driving on gravel or dirt roads;

(3) Using leaf blowers or compressed air, provided that on commercial properties and public ways such equipment shall:

a. Be used solely for the purpose of blowing leaves and vegetation; and

b. Not be used to blow dirt, sand, or gravel except as incidental and necessary to blowing leaves and vegetation in accordance with (a.), above;

(4) Resurfacing existing highways where the removal of asphalt, sand, or other material is not necessary; and

(5) Agricultural or forestry industry activities or operations.

History

#1038, eff 10-15-78; amd 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 #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1002.03 Precautions to Prevent, Abate, and Control Fugitive Dust {#sec-env-a-1002.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1002.03}

(a) Any person engaged in any activity within the state that emits fugitive dust, other than those listed in Env-A 1002.02(b), shall take precautions throughout the duration of the activity in order to prevent, abate, and control the emission of fugitive dust.

(b) Precautions required by (a), above, shall include but not be limited to the following:

(1) The use of water or hydrophilic material on operations or surfaces, or both;

(2) The construction of wind barriers, application of asphalt, water or hydrophilic material, or tarps or other such covers to material stockpiles;

(3) The use of hoods, fans, fabric filters, or other devices to enclose and vent areas where materials prone to producing fugitive dust are handled;

(4) The use of containment methods for sandblasting or similar operations, such as construction of wind barriers and phasing of work to reduce disturbed surface area; and

(5) The use of vacuums or other suction devices to collect airborne particulate matter.

History

#1038, eff 10-15-78; amd 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 #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11 (from Env-A 1002.04); ss by #12831, eff 8-1-19

Part Env-A 1003 Firefighter Instruction and Training Activities

N.H. Code Admin. R. Ann. Env-A 1003.01 Purpose {#sec-env-a-1003.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.01}

The purpose of this part is to minimize pollution from open air sources by limiting emissions of particulate matter and toxic air pollutants from open burning for firefighter instruction and training purposes.

History

#7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1003.02 Applicability {#sec-env-a-1003.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.02}

This part shall apply to any sponsoring fire service organization conducting open burning within the state for firefighter instruction and training.

History

#7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1003.03 Definitions {#sec-env-a-1003.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.03}

For purposes of this part, the following definitions shall apply:

(a) “Asbestos inspector” means “asbestos inspector” as defined in Env-A 1802, reprinted in Appendix B;

(b) “Fire department” means “fire department” as defined in Fire 101, reprinted in Appendix B;

(d) “Sponsoring fire service organization” means:

(1) Fire department as defined in this section; or

(2) Any person who is authorized under RSA 21-P and Fire 100 et seq. to conduct firefighter instruction and training activities; and

(e) “State certified fire instructor” means “state certified fire instructor” as defined in RSA 21-P:12-c, II(c), reprinted in Appendix B.

History

#7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1003.04 Firefighter Instruction and Training Activities {#sec-env-a-1003.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.04}

(a) Notwithstanding Env-A 1001, open burning by a sponsoring fire service organization of solid fuel, liquid fuel, a motor vehicle, or a structure shall be permissible for firefighter instruction and training only if conducted in accordance with this part.

(b) A state certified fire instructor shall directly control and supervise the firefighter instruction and training activities that involve open burning.

(1) Not burn any debris from the demolition of a structure; and

(2) If burning a structure, ensure that the owner of the structure disposes of ash resulting from firefighter instruction and training activities in accordance with the solid waste rules, in particular Env-Sw 902.01(a), Env-Sw 902.02(c), and Env-Sw 902.04(a)&(b).

History

#7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1003.05 Required Notice for Live Fire Instruction and Training Activities {#sec-env-a-1003.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.05}

(a) At least 10 days before an open burn for firefighter instruction and training purposes, the sponsoring fire service organization shall complete and submit to the department an ARD-1003 form, “Live Fire Instruction and Training Activities”, as specified in Env-A 1003.06.

(b) The sponsoring fire service organization shall:

(1) Sign and date the form; and

(2) Certify by the individual’s signature that the information on the form is true and correct to the best of the individual’s knowledge and belief.

History

#7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 1003.06 ARD-1003 Form, Live Fire Instruction and Training Activities {#sec-env-a-1003.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1003.06}

The sponsoring fire service organization shall provide the following information on the ARD 1003 form:

(a) Regarding the sponsoring fire service organization, the organization’s:

(1) Name;

(2) Mailing address; and

(3) Daytime telephone number, including area code;

(b) Regarding the contact person for the fire service organization, the contact’s:

(1) Name;

(2) Title; and

(3) Daytime telephone number, including area code;

(d) The location of the instruction and training activities;

(e) A detailed description of the instruction and training activities;

(f) Regarding the state certified fire instructor for the instruction and training activities, the instructor’s:

(1) Name;

(2) Daytime telephone number, including area code; and

(3) Type of instructor;

(g) If conducting instruction and training activities in a structure:

(1) A statement that an asbestos inspector has performed an asbestos inspection and provided a report to the building owner certifying that all asbestos containing materials have been removed;

(2) A statement that an asbestos notification form as specified in Env-A 1803 has been completed and submitted to the department at least 10 days prior to the scheduled burn date; and

(3) A statement that all of the following materials have been removed from the structure and properly disposed of:

a. Mercury-containing thermostats;

b. Fluorescent lamps;

c. Fuel oil tanks;

d. Paints, solvents, and other liquids containing hazardous ingredients;

e. Pesticides, insecticides, fertilizers, and potentially hazardous solids;

f. Tires;

g. Residential trash; and

h. Furniture and appliances not specifically used in the training exercise; and

(h) A statement that the instruction and training activities will be conducted in accordance with this part.

Appendix A: State Statutes Implemented

Rule

Specific State Statute the Rule Implements

Env-A 1000 (see also specific rules listed below)

RSA 125-C:4, I(a)

Env-A 1001.01, 1001.02, 1001.03(a)-(c) & (e)-(k), 1001.04

RSA 125-C:4, I(a)

Env-A 1001.03(d)

RSA 149-M:4, IV-a

Env-A 1001.05

RSA 125-C:6, RSA 125-C:10-c

Env-A 1001.06

RSA 125-N:4

Env-A 1001.07 - Env-A 1001.08

RSA 125-C:4, I(a)

Env-A 1001.09

RSA 125-C:10-c

Env-A 1002.01 - Env-A 1002.04

RSA 125-C:4, I(a)

Env-A 1003.01 - Env-A 1003.06

RSA 125-C:4, I(a)

Appendix B: Referenced Definitions

Env-A 105

History

#9909, eff 5-1-11 (from Env-A 1003.05); ss by #12831, eff 8-1-19

N.H. Code Admin. R. Ann. Env-A 105.43 Untreated wood {#sec-env-a-105.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 105.43}

“Untreated wood” means any timber, board or sawn dimensional lumber which has not been treated, coated or preserved. This term does not include any manufactured building material, such as plywood or waferboard.

Env-A 1802

N.H. Code Admin. R. Ann. Env-A 1802.14 Asbestos inspector {#sec-env-a-1802.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.14}

“Asbestos inspector” means an individual who is capable of identifying asbestos hazards in a commercial, private, or residential structure, and who has completed, at a minimum, a training course for asbestos inspectors meeting the requirements of 40 CFR 763, subpart E, appendix C, section I:B.3.

Fire 101

Fire 101.14 “Fire department” means the legally constituted municipal or privately incorporated entity that provides services such as, but not limited to, fire suppression, fire prevention, rescue, hazardous materials, emergency medical care, fire investigation, and fire or building inspections in the state, county, municipality, organized fire district, or area.

RSA 21-P:12, II

(c) “State certified fire instructor” means a person who has completed the requirements to hold such certification as approved by the New Hampshire fire standards and training commission.

RSA 125-C:2

X. “Person,” [means] any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

RSA 125-N:2

IV. “Combustible domestic waste” means combustible waste such as, but not limited to, household trash, packaging materials, plastics, coated or laminated papers, rubber, painted or treated wood, coated or treated cardboard, oily rags, and animal, vegetable, and kitchen waste. The term does not include untreated wood, leaves, brush, or paper products generated at a residence.

RSA 149-M:4

IV-a. “Construction and demolition debris” means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.

Chapter Env-A 1100 Prevention, Abatement, and Control of Mobile Source Air Pollution

Part Env-A 1101 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 1101.01 Purpose {#sec-env-a-1101.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1101.01}

The purpose of this chapter is to regulate emissions from all motor vehicles pursuant to RSA 125-C:6, XII.

History

#120, eff 8-31-73; ss by #721.9, 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 #6343-B, eff 9-28-96, EXPIRED: 9-28-04
#8200, INTERIM, eff 11-6-04, EXPIRES: 5-5-05; ss by #8313, eff 3-26-05; ss by #10345, eff 5-22-13; ss by #13680, eff 7-1-23

N.H. Code Admin. R. Ann. Env-A 1101.02 Applicability {#sec-env-a-1101.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1101.02}

This chapter shall apply to all motor vehicles as defined in Env-A 100.

History

#120, eff 8-31-73; ss by #721.9, 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 #6343-B, eff 9-28-96, EXPIRED: 9-28-04
#8200, INTERIM, eff 11-6-04, EXPIRES: 5-5-05; ss by #8313, eff 3-26-05; ss by #10345, eff 5-22-13; ss by #13680, eff 7-1-23

Part Env-A 1102 Motor Vehicle Maintenance and Operating Requirements

N.H. Code Admin. R. Ann. Env-A 1102.01 Maintenance Requirements for Motor Vehicles {#sec-env-a-1102.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1102.01}

(a) No person shall alter or remove any emission control equipment or system, including the basic fuel system, in any way that might limit or reduce the ability of that equipment or system to control emissions.

(b) All emission control equipment that is originally supplied on a motor vehicle shall be maintained in place and in functional operating condition.

(c) Emission control equipment shall be replaced only with equipment that meets or exceeds the specifications of the original equipment.

History

#10345, eff 5-22-13; ss by #13680, eff 7-1-23

N.H. Code Admin. R. Ann. Env-A 1102.02 Idling Limitations for Motor Vehicles {#sec-env-a-1102.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1102.02}

(a) Unless exempted by Env-A 1102.03, the owner or operator of a motor vehicle shall comply with the idling limitations specified in Table 1100-1, below, subject to the note in (b), below:

Table 1100-1: Idling Limitations for Motor Vehicles

Temperature

in degrees Celsius (degrees Fahrenheit)

Maximum Idling Time

Above 0°C (32° F)

No more than 5 consecutive minutes in any 60-minute period

At or between -23°C (-10°F) and 0°C (32°F)

No more than 15 consecutive minutes in any 60-minute period

Below -23° C (-10° F)

No limit ^A

(b) “A” means that there is no limitation on idling time so long as no nuisance is created.

History

#10345, eff 5-22-13; ss by #13680, eff 7-1-23

N.H. Code Admin. R. Ann. Env-A 1102.03 Exemptions From Idling Limitations {#sec-env-a-1102.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1102.03}

The owner or operator of a motor vehicle shall be exempt from the idling limitations specified in Env-A 1102.02(a) under any of the following conditions:

(a) The motor vehicle is forced to remain motionless because of traffic conditions over which the operator has no control;

(b) The motor vehicle is a police, fire, ambulance, public safety, military, or other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, which is idling while in an emergency or training mode and not for the convenience of the operator;

(1) Providing power takeoff for refrigeration, lift gate pumps, or other auxiliary uses;

(2) Supplying heat or air conditioning necessary for passenger comfort in those vehicles intended for passenger transportation; or

(3) Being operated solely to defrost its windshield to prevent a safety or health emergency, and not as part of a rest period; or

(d) The motor vehicle is being operated by a mechanic for maintenance or diagnostic purposes, if idling is required for such activity.

History

#10345, eff 5-22-13; ss by #13680, eff 7-1-23

N.H. Code Admin. R. Ann. Env-A 1102.04 Visible Emissions Requirements for Gasoline-Powered Motor Vehicles {#sec-env-a-1102.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1102.04}

No person shall operate a gasoline-powered motor vehicle that emits visible emissions other than water vapor or steam, except during the initial starting of the engine.

Appendix

Rule

Specific State Statute the Rule Implements

Env-A 1101

RSA 125-C:6, XII

Env-A 1102

RSA 125-C:6, XII

History

#10345, eff 5-22-13; ss by #13680, eff 7-1-23

Chapter Env-A 1200 VOLATILE ORGANIC COMPOUNDS (VOCs) REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

Part Env-A 1201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 1201.01 Purpose {#sec-env-a-1201.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1201.01}

The purpose of this chapter is to establish requirements for the implementation of reasonably available control technology (RACT) on certain stationary sources located in New Hampshire which emit volatile organic compounds (VOCs), as required to comply with sections 172(c)(1) and 182(b)(2) of the Clean Air Act.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1201.02 Effect on Prior Rules {#sec-env-a-1201.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1201.02}

The requirements in Env-A 1200, as effective on June 1, 2011, shall not relieve any source that was subject to any previous version of Env-A 1204 from its obligation to have been in compliance with applicable rules as then in effect.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1201.03 Applicability {#sec-env-a-1201.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1201.03}

(a) This chapter shall apply to processes and devices in the following stationary source categories which emit or have the potential to emit the threshold amounts of VOCs specified in the cited part:

(1) Metal can coating, Env-A 1206;

(2) Paper, fabric, film, and foil substrates coating, Env-A 1207;

(3) Vinyl or urethane substrate coating, Env-A 1208;

(4) Metal furniture coating, Env-A 1209;

(5) Magnetic wire insulation coating, Env-A 1210;

(6) Metal coils coating, Env-A 1211;

(7) Miscellaneous metal parts and products coating, Env-A 1212;

(8) Miscellaneous plastic parts and products coating, Env-A 1212;

(9) Wood furniture, burial caskets, and gunstock coating, Env-A 1213;

(10) Flat wood paneling coating, Env-A 1214;

(11) Rotogravure and flexographic printing, Env-A 1215;

(12) Offset lithographic and letterpress printing, Env-A 1216;

(13) Fixed-roof VOL storage tanks, Env-A 1217.01 and Env-A 1217.02;

(14) External floating roof tanks, Env-A 1217.03 and Env-A 1217.04;

(15) Bulk gasoline loading terminals, Env-A 1217.05 through Env-A 1217.07;

(16) Bulk gasoline plants, Env-A 1217.08 and Env-A 1217.09;

(17) Cutback and emulsified asphalt, Env-A 1218;

(18) Fiberglass boat manufacturing, Env-A 1219;

(19) Miscellaneous industrial adhesives, Env-A 1220;

(20) Industrial cleaning solvents, Env-A 1221.05 through Env-A 1221.07;

(21) Solvent metal cleaning, Env-A 1221.01 through Env-A 1221.04;

(22) Miscellaneous stationary VOC sources, Env-A 1222; and

(23) Multicategory stationary VOC sources, Env-A 1222.

(b) Any stationary source that first becomes subject to the requirements of a source category listed in (a), above, after June 1, 2011, whether through new source construction or modification of an existing source, shall meet those requirements upon startup of the new or modified source.

(c) Once a stationary source becomes subject to the requirements of a source category listed in (a), above, the source shall remain subject to those requirements even if its emissions later fall below the relevant RACT applicability threshold.

(d) This chapter shall apply to any person who sells or offers for sale any solvent for use in a cold cleaning machine.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1201.04 Exemptions {#sec-env-a-1201.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1201.04}

; Conditions.

(a) Any source with coating, printing, or miscellaneous devices or processes that meets or exceeds the relevant RACT applicability criteria in Env-A 1206.01, Env-A 1208.01, Env-A 1210.01, Env-A 1211.01, Env-A 1213.01, Env-A 1215.01, or Env-A 1222.01, or that are unclassifiable, shall be exempt from the applicable compliance requirements in this chapter only if all of the following conditions are met:

(1) The source accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device to below the relevant applicability threshold for that classifiable process or device;

(2) The source has been and remains in full compliance with the conditions of the permit since the date of issuance or the terms of any consent decree entered into by the division or by EPA, or pursuant to any court order;

(3) The actual VOC emissions of the source, or from all operations associated with the applicable VOC category, have not exceeded the relevant RACT applicability threshold in any calendar year since May 31, 1995;

(4) The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and

(5) The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and Env-A 908, respectively.

(b) If a classifiable process or device that was not subject to this chapter prior to June 1, 2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or Env-A 1221.06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met:

(1) The owner or operator accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device below the relevant applicability threshold for that process or device;

(4) The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and

(5) The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and Env-A 908.

(c) One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter.

(d) Testing and research activities performed at coating, printing, or miscellaneous sources shall be exempt from the provisions of this chapter provided that the combined VOC emissions from such activities do not exceed 5 tons per consecutive 12-month period.

(e) For purposes of demonstrating that a source is not subject to this chapter, the owner or operator of such source shall maintain, for 5 years and for each process chemical used, monthly purchase records and safety data sheets (SDS), as used to comply with the Occupational Safety and Health Administration’s hazard communication standard at 29 CFR 1910.1200, sufficient to show that VOC emissions are below the applicability threshold for that source’s category.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; amd by #10145, eff 6-19-12; ss by #12899, eff 10-17-19

Part Env-A 1202 Definitions: a Through F

N.H. Code Admin. R. Ann. Env-A 1202.01 Acrylonitrile-butadiene-styrene welding (ABS welding) {#sec-env-a-1202.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.01}

“Acrylonitrile-butadiene-styrene welding (ABS welding)” means any process to weld acrylonitrile-butadiene-styrene pipe.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.02 Actual VOC emissions {#sec-env-a-1202.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.02}

"Actual VOC emissions" means the total VOCs actually emitted by a source, process, or device in a specified time period.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.03 Actual VOC emission rate {#sec-env-a-1202.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.03}

"Actual VOC emission rate" means the mass of VOCs actually emitted by a source, process, or device per unit throughput, where the throughput is stated in terms of either solvent usage or other quantifiable production variable.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.04 Add-on controls {#sec-env-a-1202.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.04}

"Add-on controls" means equipment or techniques, such as incineration, which are used to collect, remove, or destroy organic vapors from a gas stream before the vapors are released into the ambient air.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.05 Adhesion promoter {#sec-env-a-1202.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.05}

"Adhesion promoter" means a coating applied to a plastic substrate to facilitate the adhesion of subsequent coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.06 Adhesive {#sec-env-a-1202.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.06}

“Adhesive” means any chemical substance that is applied for the purpose of bonding 2 surfaces together other than by mechanical means.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.07 Adhesive primer {#sec-env-a-1202.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.07}

“Adhesive primer” means any product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.08 Aerosol adhesive {#sec-env-a-1202.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.08}

“Aerosol adhesive” means an adhesive packaged as an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for handheld application without the need for ancillary hoses or spray equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.09 Air dried coating {#sec-env-a-1202.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.09}

"Air dried coating" means coatings which are dried by the use of air or forced warm air at temperatures up to 90C, equivalent to 194F.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.10 Alcohol substitute {#sec-env-a-1202.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.10}

"Alcohol substitute" means any non-alcohol additive that contains VOCs and is used in a fountain solution.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.11 Antifouling sealer/tie coat {#sec-env-a-1202.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.11}

“Antifouling sealer/tie coat” means a coating applied over biocidal antifouling coating for the purpose of preventing release of biocides into the environment or to promote adhesion between an antifouling and a primer or other antifoulings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.12 Application area {#sec-env-a-1202.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.12}

"Application area" means the area within a facility where the coating is applied by spraying, dipping, or flowcoating techniques.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.13 Architectural {#sec-env-a-1202.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.13}

“Architectural” means, when used to describe a coating, a coating intended by the manufacturer to be applied to stationary structures or the components thereof.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.14 As applied {#sec-env-a-1202.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.14}

"As applied" means the VOC and solids content, including any diluent solvents, of the material that is actually used for coating the substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.15 Asphalt {#sec-env-a-1202.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.15}

"Asphalt" means a dark-brown to black cementitious solid, semisolid, or liquid, which is predominately comprised of various mixtures of hydrocarbons, including bitumens, crude petroleum, or tars, which occur naturally or which are obtained as residues from refining petroleum.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.16 Asphalt cement {#sec-env-a-1202.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.16}

"Asphalt cement" means asphalt that is refined to meet specifications for paving and industrial purposes.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.17 Automotive {#sec-env-a-1202.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.17}

"Automotive" means pertaining to roadway vehicles with enclosed driver/passenger compartments, including automobiles, trucks, buses, vans, and limousines.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.18 Automotive/transportation coating {#sec-env-a-1202.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.18}

“Automotive/transportation coating” means the surface coating of interior and exterior plastic components of automobiles, trucks, tractors, lawnmowers, and other mobile equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.19 Baked coating {#sec-env-a-1202.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.19}

“Baked coating” means a coating that is cured at a temperature that is at or above 90°C, equivalent to 194°F.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.20 Basecoat {#sec-env-a-1202.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.20}

"Basecoat" means a coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other opaque finishing materials, and which is usually topcoated for protection.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.21 Bubble {#sec-env-a-1202.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.21}

"Bubble" means a technique of aggregating certain emissions so as to impose controls that are more stringent than RACT-level on certain emissions units at a particular source, while simultaneously imposing controls that are less stringent than RACT-level on other emissions units, including the option of no controls on such units.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.22 Bulk gasoline loading terminal {#sec-env-a-1202.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.22}

"Bulk gasoline loading terminal" means a gasoline storage facility which:

(a) Receives gasoline from refineries primarily by pipeline, ship, or barge;

(b) Delivers gasoline to commercial or retail bulk gasoline plants within or outside New Hampshire, primarily by tank truck; and

(c) Has a daily throughput of at least 76,000 liters, equivalent to 20,000 gallons, of gasoline in any consecutive 30-day period during the ozone season.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.23 Bulk gasoline plant {#sec-env-a-1202.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.23}

"Bulk gasoline plant" means a gasoline storage and distribution facility with a daily throughput of less than 76,000 liters, equivalent to 20,000 gallons, which receives gasoline from bulk terminals by trailer transport, which gasoline is stored in tanks and subsequently delivered by trucks to local end users and retailers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.24 Business machine {#sec-env-a-1202.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.24}

"Business machine" means "business machine" as defined in 40 CFR 60.721(a), as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.25 Business machine coating {#sec-env-a-1202.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.25}

“Business machine coating” means the surface coating of plastic housings for electronic business machines and for medical and musical equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.26 Camouflage coating {#sec-env-a-1202.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.26}

“Camouflage coating” means a coating used principally by the military to conceal equipment from detection.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.27 Capture and control system {#sec-env-a-1202.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.27}

"Capture and control system" means a system to capture and convey VOC emissions released from VOC-emitting devices to add-on control equipment that destroys, recovers, or otherwise removes VOC, to permanently reduce the emission of VOC to the air.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.28 Classifiable process or device {#sec-env-a-1202.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.28}

"Classifiable process or device" means any process or device covered under one of the VOC categories listed in Env-A 1201.03(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.29 Cleaning materials {#sec-env-a-1202.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.29}

“Cleaning materials” means a VOC-containing material used to remove a loosely-held cured adhesive or sealant from a substrate, or to clean equipment used in applying a material.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.30 Cleaning solution {#sec-env-a-1202.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.30}

"Cleaning solution" means any liquid used to remove ink and debris from the surfaces of a printing press and its parts.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.31 Clear coat {#sec-env-a-1202.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.31}

"Clear coat" means a colorless coating which contains binder, but no pigment, and is formulated to form a transparent film.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.32 Closed molding {#sec-env-a-1202.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.32}

“Closed molding” means a fiberglass boat manufacturing process by which pressure is used to distribute a resin through reinforcing fabric placed between 2 mold surfaces to either saturate the fabric or fill the mold cavity. The term includes, but is not limited to, compression molding with sheet molding compound, infusion molding, resin injection molding, vacuum-assisted resin transfer molding, resin transfer molding, and vacuum-assisted compression molding. The term does not include any processes in which a closed mold is used only to compact saturated fabric or remove air or excess resin from the fabric, such as in vacuum bagging.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.33 Coating {#sec-env-a-1202.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.33}

"Coating" means a protective, decorative, or functional film applied in a thin layer to a surface or impregnated into a substrate. This term includes but is not limited to paints, varnishes, sealants, adhesives, inks, maskants, and temporary protective coatings such as lacquers or enamels and films applied to paper, plastics, or foil.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.34 Coating line {#sec-env-a-1202.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.34}

"Coating line" means a series of operations wherein a surface coating is applied and dried or cured.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.35 Cold cleaning {#sec-env-a-1202.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.35}

"Cold cleaning" means the batch process of degreasing metal surfaces using a cold VOC solvent, whether by spraying, brushing, flushing, or immersion. The term does not include wipe cleaning.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.36 Cold VOL solvent {#sec-env-a-1202.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.36}

"Cold VOL solvent" means a VOL solvent maintained below its boiling point during use in solvent metal cleaning.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.37 Color coat {#sec-env-a-1202.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.37}

"Color coat" means a coating that is pigmented to impart a desired color to a product.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.38 Compliant coating {#sec-env-a-1202.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.38}

"Compliant coating" means a coating material that meets the applicable VOC RACT emission rate standard in this chapter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.39 Condensate {#sec-env-a-1202.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.39}

"Condensate" means any VOL, separated from the gas or vapor phase, that condenses due to changes in temperature or pressure, or both, and remains liquid at standard conditions.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.40 Contact bond adhesive {#sec-env-a-1202.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.40}

“Contact bond adhesive” means an adhesive that is designed for application to both surfaces to be bonded together, is allowed to dry before the two surfaces are placed in contact with each other, forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other, and does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. The term does not include rubber cements that are primarily intended for use on paper substrates or vulcanized fluids that are designed and labeled for tire repair only.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.41 Continuous coater {#sec-env-a-1202.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.41}

"Continuous coater" means a finishing system that continuously applies finishing materials onto furniture or burial casket parts moving along a conveyor system, wherein finishing materials that are not transferred to the parts are recycled to the finishing reservoir.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.42 Conventional air spray {#sec-env-a-1202.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.42}

"Conventional air spray" means a spray coating method in which the coating is atomized by mixing it with compressed air at an air pressure greater than 10 pounds per square inch gauge (psig) at the point of atomization.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.43 Conversion varnish {#sec-env-a-1202.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.43}

"Conversion varnish" means a special water-resistant varnish used primarily for wood cabinets and trim installed in kitchens, bathrooms, and other environments where water resistance is important.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.44 Conveyorized degreasing {#sec-env-a-1202.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.44}

"Conveyorized degreasing" means the continuous process of cleaning and removing soils or grease from metal surfaces by operating a conveyor system with either cold or vaporized VOL solvents.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.45 Core activities {#sec-env-a-1202.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.45}

"Core activities" means operations that are central to the manufacturing or business of the source. The term excludes all non-core activities as defined in Env-A 1203.53.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.46 Cove base {#sec-env-a-1202.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.46}

“Cove base” means a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge, that is used in forming a junction between the bottom wall course and the floor or to form an inside corner.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.47 Cutback asphalt {#sec-env-a-1202.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.47}

"Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents, which solvents evaporate upon exposure to atmospheric conditions leaving the asphalt cement to perform its function.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.48 Cyanoacrylate adhesive {#sec-env-a-1202.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.48}

“Cyanoacrylate adhesive” means any adhesive with a cyanoacrylate content of at least 95 percent by weight.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.49 Dampening system {#sec-env-a-1202.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.49}

"Dampening system" means equipment used to deliver fountain solution to a lithographic plate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.50 Determination of insufficiency {#sec-env-a-1202.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.50}

"Determination of insufficiency" means a written determination by the department that the documentation submitted by an applicant, pursuant to Env-A 1205.03(a) and (b), is inadequate for the department to issue a VOC RACT order.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.51 Determination of sufficiency {#sec-env-a-1202.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.51}

"Determination of sufficiency" means a written determination by the department that the documentation submitted by an applicant pursuant to Env-A 1205.03(a) and (b), is adequate for the department to issue a VOC RACT order.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.52 Digital printing {#sec-env-a-1202.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.52}

“Digital printing” means a method of printing in which an electronic output device transfers variable data, in the form of an image, from a computer to a substrate. The term includes inkjet printers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.53 Electric-dissipating coating {#sec-env-a-1202.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.53}

"Electric-dissipating coating" means a coating that rapidly dissipates a high-voltage electric charge.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.54 Electric-insulating varnish {#sec-env-a-1202.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.54}

“Electric-insulating varnish” means a non-convertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.55 Electrical and electronic components {#sec-env-a-1202.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.55}

“Electrical and electronic components” means components and assemblies of cabinets, components, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors, and transistors that house, generate, convert, transmit, or modify electrical energy.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.56 Electrostatic prep coating {#sec-env-a-1202.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.56}

"Electrostatic prep coating" means a coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a prime coating, a topcoat, or other coating by a spray that uses electrically charged particles, and which is clearly identified as an electrostatic prep coat on its accompanying material safety data sheet.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.57 EMI/RFI shielding {#sec-env-a-1202.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.57}

“EMI/RFI shielding” means a coating used on electrical or electronic equipment to provide shielding against electromagnetic interference (EMI), radio frequency interference (RFI), or static discharge.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.58 Emulsified asphalt {#sec-env-a-1202.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.58}

"Emulsified asphalt" means an emulsion of asphalt cement and water that contains a small amount of an emulsifying agent, forming a heterogeneous, or normally immiscible, system in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.59 End sealing compound {#sec-env-a-1202.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.59}

"End sealing compound" means a synthetic rubber compound that is coated onto metal can ends and which functions as a gasket when the end is assembled on the can.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.60 EPDM roof membrane {#sec-env-a-1202.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.60}

“EPDM roof membrane” means a prefabricated single sheet of elastomeric material composed of ethylene propylenediene monomer (EPDM) that is field-applied to the roof of a building using one layer of membrane material.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.61 Equilibrium partial pressure {#sec-env-a-1202.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.61}

"Equilibrium partial pressure" means the pressure attributable to one of the several components of a gaseous or vapor mixture at which the number of molecules leaving the gaseous phase of the component is equal to the number entering it.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.62 Etching filler {#sec-env-a-1202.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.62}

“Etching filler” means a coating that contains less than 23 percent solids by weight and at least 0.5-percent acid by weight, which is used instead of applying a pretreatment coating followed by a primer.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.63 Exterior base-coating {#sec-env-a-1202.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.63}

"Exterior base-coating" means a coating applied to the exterior of the body of a 2-piece can to provide exterior protection to the metal or to provide background for the lithographic or printing operation.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.64 External floating roof {#sec-env-a-1202.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.64}

"External floating roof" means the cover of an open-top storage tank, which consists of a double deck or pontoon single deck that rests upon and is supported by the VOL being contained, and that is equipped with a closure seal to close the space between the roof edge and tank shell.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.65 Extreme high-gloss coating {#sec-env-a-1202.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.65}

“Extreme high-gloss coating” means a coating which, when tested by ASTM standard D523-08, shows a reflectance of 90 or more on a 60° meter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.66 Extreme performance coating {#sec-env-a-1202.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.66}

"Extreme performance coating" means a coating used on a metal or plastic surface where the coated surface is, in its intended use, exposed to extreme environmetal conditions such as those listed below. The term includes, but is not limited to, coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks. Extreme environmental conditions include, but are not limited to, any of the following:

(a) Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;

(b) Repeated exposure to temperatures in excess of 121oC, equivalent to 250oF; or

(c) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.67 Fabric coating {#sec-env-a-1202.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.67}

"Fabric coating" means the coating of a textile substrate including, but not limited to, application by impregnation or saturation by the use of a knife, roll, or rotogravure coater to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance. The term does not include fabric printing.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.68 Federally-enforceable document {#sec-env-a-1202.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.68}

"Federally-enforceable document" means:

(a) A federally-approved department rule as defined in 40 CFR 51;

(b) A permit, license, or order issued by the department pursuant to a federally-approved rule;

(d) A regulation promulgated by EPA and codified under 40 CFR 60, 40 CFR 61, or 40 CFR 63.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.69 Fiberglass {#sec-env-a-1202.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.69}

“Fiberglass” means a material consisting of extremely fine glass fibers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.70 Fiberglass boat manufacturing facility {#sec-env-a-1202.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.70}

“Fiberglass boat manufacturing facility” means any facility that manufactures hulls, decks, or boats from fiberglass, or builds molds to make fiberglass boat hulls or decks.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.71 Filled resin {#sec-env-a-1202.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.71}

“Filled resin” means a resin to which fillers have been added to achieve certain physical properties, particularly for building fiberglass boat molds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.72 Finishing application station {#sec-env-a-1202.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.72}

"Finishing application station" means the part of a finishing operation where the finishing material is applied, such as a spray booth.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.73 Finishing material {#sec-env-a-1202.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.73}

"Finishing material" means a coating other than an adhesive. For the wood furniture and burial casket manufacturing industry, such materials include, but are not limited to, basecoats, stains, washcoats, sealers, topcoats, and enamels.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.74 Finishing operation {#sec-env-a-1202.74 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.74}

"Finishing operation" means those activities in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.75 Flash-off area {#sec-env-a-1202.75 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.75}

"Flash-off area" means the space between a coating application area and an oven.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.76 Flat wood paneling {#sec-env-a-1202.76 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.76}

“Flat wood paneling” means any rectangular interior, exterior, or tileboard piece of construction material made from trees to which a protective, decorative, or functional material or layer has been applied.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.77 Flexible coating {#sec-env-a-1202.77 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.77}

"Flexible coating" means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation, as defined by the original equipment manufacturer.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.78 Flexible packaging {#sec-env-a-1202.78 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.78}

“Flexible packaging” means any container, or part of a container, that can be readily changed, such as bags, pouches, liners, or wraps, made from paper, plastic, film, aluminum foil, or metalized or coated paper or film. The term does not include folding cartons, gift wraps, wall coverings, vinyl products, decorative laminates, floor covering, tissue products, self-adhesive labels, or miscellaneous specialty products.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.79 Flexible vinyl {#sec-env-a-1202.79 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.79}

“Flexible vinyl” means non-rigid polyvinyl chloride plastic with 5 percent by weight plasticizer content.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.80 Flexographic printing {#sec-env-a-1202.80 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.80}

"Flexographic printing" means the application of ink in the form of characters, designs, pictures, or any combination thereof to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.81 Fountain solution {#sec-env-a-1202.81 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.81}

"Fountain solution" means a mixture of water, volatile and non-volatile printing chemicals, and additives, which maintains the quality of the printing plate and reduces the surface tension of the water so that it spreads easily across the printing surfaces.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.82 Freeboard height {#sec-env-a-1202.82 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.82}

"Freeboard height" means:

(a) For a cold cleaner, the distance from the liquid solvent level in a degreaser tank to the lip of the tank;

(b) For an open top vapor degreaser tank, the distance from the solvent vapor level in the tank during idling to the lip of the tank;

(c) For a conveyorized cold degreaser, the distance from the liquid solvent level to the bottom of the entrance or exit opening, whichever is lower; or

(d) For a conveyorized vapor degreaser, the distance from the vapor level to the bottom of the entrance or exit opening, whichever is lower.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1202.83 Freeboard ratio {#sec-env-a-1202.83 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1202.83}

"Freeboard ratio" means the ratio of the freeboard height to the smallest interior dimension, such as length or width, of a degreaser tank.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1203 Definitions: G Through P

N.H. Code Admin. R. Ann. Env-A 1203.01 Gasoline {#sec-env-a-1203.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.01}

"Gasoline" means any petroleum distillate or blend of petroleum distillate and alcohol that has a Reid vapor pressure of 27.6 kilopascals (kPa), equivalent to 4 pounds per square inch (psi), or greater, that is used as a fuel for internal combustion engines.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.02 Gel coat {#sec-env-a-1203.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.02}

“Gel coat” means a clear or pigmented polyester resin that, when mixed with a hardening catalyst, is applied so that it becomes the outer surface of the finished part or mold.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.03 Gloss reducer {#sec-env-a-1203.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.03}

"Gloss reducer" means a coating that is applied at a thickness of 0.5 mils or less solely to reduce the shine of a plastic part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.04 Gunstock coating {#sec-env-a-1203.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.04}

"Gunstock coating" means the surface coating of wooden components of firearms, which components are exposed to the environment and subject to functional handling by the end user.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.05 Heat-resistant coating {#sec-env-a-1203.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.05}

“Heat-resistant coating” means a coating intended to withstand a temperature of at least 204oC, equivalent to 400 oF, during normal use.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.06 Heatset {#sec-env-a-1203.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.06}

"Heatset" means any operation where heat is required to set printing ink.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.07 Heatset dryer {#sec-env-a-1203.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.07}

"Heatset dryer" means any device used in heatset web offset lithographic printing to heat the printed substrate and to promote the evaporation of ink oils.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.08 Heavier vehicles {#sec-env-a-1203.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.08}

“Heavier vehicles” means “other motor vehicles” as defined in the National Emission Standards for Surface Coating of Automobile and Light-Duty Trucks at 40 CFR 63.3176, namely “a self-propelled vehicle designed for transporting persons or property on a street or highway that has a gross vehicle weight rating over 8,500 pounds.”

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.09 High bake coating {#sec-env-a-1203.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.09}

"High bake coating" means a coating designed to cure at temperatures above 90°C, equivalent to 194°F.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.10 High-performance architectural coating {#sec-env-a-1203.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.10}

“High-performance architectural coating” means a coating used to protect architectural subsections, which meets the requirements of the American Architectural Manufacturers Association's publication number AAMA 2604-05, Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels, or 2605-05, Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.11 High-precision optic {#sec-env-a-1203.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.11}

“High-precision optic” means an optical element used in an electro-optical device which is designed to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.12 High-temperature coating {#sec-env-a-1203.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.12}

“High-temperature coating” means a coating that is certified by its manufacturer to withstand a temperature of 538°C, equivalent to 1,000°F, for 24 hours.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.13 Hot VOL solvent {#sec-env-a-1203.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.13}

"Hot VOL solvent" means a VOL solvent maintained above its boiling point during use in solvent metal cleaning.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.14 Indoor floor covering installation adhesive {#sec-env-a-1203.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.14}

“Indoor floor covering installation adhesive” means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet and roll vinyl, or artificial grass. The term does not include adhesives used to install ceramic tile or perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate such as flexible vinyl.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.15 Interior base-coating {#sec-env-a-1203.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.15}

"Interior base-coating" means a coating applied by roller coater or spray to metal sheets used to make 3-piece cans to provide a protective lining between the can metal and product.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.16 Interior body spray {#sec-env-a-1203.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.16}

"Interior body spray" means a coating sprayed on the interior of a metal can body to provide a protective film between the product and the can.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.17 Internal floating roof {#sec-env-a-1203.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.17}

"Internal floating roof" means the cover or roof of a fixed-roof tank, which rests upon or is floated upon the petroleum liquid contained in the tank, and that is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.18 Knife coating {#sec-env-a-1203.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.18}

"Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife or other type of blade, to spread the coating evenly over the entire width of the substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.19 Laminate {#sec-env-a-1203.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.19}

“Laminate” means a product made by bonding together 2 or more layers of material.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.20 Lease custody transfer {#sec-env-a-1203.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.20}

"Lease custody transfer" means the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.21 Letterpress printing {#sec-env-a-1203.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.21}

“Letterpress printing” means a printing process in which the image area is raised relative to the non-image area and the paste ink is transferred to the substrate directly from the image surface.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.22 Limited at all times {#sec-env-a-1203.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.22}

"Limited at all times" means that the VOC emissions from a source or device, as measured or calculated in accordance with the applicable method(s) and associated averaging times prescribed in Env-A 804, does not exceed the specified emission rate limit for the subject VOC category or subcategory during the RACT-applicable life of the source or device.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.23 Liquid-mounted seal {#sec-env-a-1203.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.23}

"Liquid-mounted seal" means a primary seal mounted around the circumference of a cylindrical tank having a floating roof, which stays in continuous contact with the liquid between the tank wall and the floating roof.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.24 Lithography {#sec-env-a-1203.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.24}

"Lithography" means a planar printing process where the image and non-image areas are chemically differentiated, such that the image area is oil receptive and the non-image area is typically water receptive.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.25 Low bake coating {#sec-env-a-1203.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.25}

"Low bake coating" means a coating designed to cure at temperatures no higher than 90°C, equivalent to 194°F.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.26 Low solvent coating {#sec-env-a-1203.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.26}

"Low solvent coating" means a coating that contains a smaller percentage, by weight or volume, of organic solvent than conventional coatings used by an industry and which can be used by that industry in lieu of the conventional coatings. The term includes water-borne, higher solids-content, electro deposition, and powder coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.27 Low-VOC emitting process {#sec-env-a-1203.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.27}

"Low-VOC emitting process" means a process that has a VOC emission rate equivalent to a VOC RACT-level add-on control system.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.28 Magnetic wire insulation coating {#sec-env-a-1203.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.28}

"Magnetic wire insulation coating" means a coating in which an electrically-insulated varnish or enamel is applied onto the surface of wire for use in electrical machinery.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.29 Mask coating {#sec-env-a-1203.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.29}

“Mask coating” means a thin film coating applied through a template, or mask, to coat only a portion of a substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.30 Medical equipment manufacturing {#sec-env-a-1203.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.30}

“Medical equipment manufacturing” means the manufacture of medical devices including, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.31 Medium curing cutback asphalt {#sec-env-a-1203.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.31}

"Medium curing cutback asphalt" means a material which meets the specifications of ASTM Standard D2027/D2027M-10.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.32 Metal coil coating {#sec-env-a-1203.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.32}

"Metal coil coating" means the surface coating of any continuous metal strip with thickness of not less than 0.15 millimeter (mm), equivalent to 0.006 in., that is packaged in a roll or in helical form.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.33 Metal degreasing {#sec-env-a-1203.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.33}

"Metal degreasing" means the removal of grease, grease-bearing soils, or both from metal surfaces using liquid or vapor means.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.34 Metal furniture coating {#sec-env-a-1203.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.34}

"Metal furniture coating" means the surface coating of:

(a) Any furniture made of metal; or

(b) Any metal part that will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.35 Metal to urethane/rubber molding or casting adhesive {#sec-env-a-1203.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.35}

“Metal to urethane/rubber molding or casting adhesive” means any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.36 Metallic coating {#sec-env-a-1203.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.36}

“Metallic coating” means a coating that contains more than 5 grams total of pure elemental metal or a combination of elemental metals per liter of coating as applied.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.37 Military specification coating {#sec-env-a-1203.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.37}

“Military specification coating” means a coating that has a formulation approved by a United States military agency for use on military equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.38 Minor core activity {#sec-env-a-1203.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.38}

“Minor core activity” means any core activity at a stationary source for which the VOC emissions from all processes and devices associated with the minor core activity are less than both of the following:

(a) The relevant RACT applicability emissions threshold; and

(b) A total of 5 actual tons per consecutive 12-month period.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #10145, eff 6-19-12; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.39 Miscellaneous metal and plastic parts and products {#sec-env-a-1203.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.39}

"Miscellaneous metal and plastic parts and products" means metal and plastic components other than those parts and products for which the coating is specifically regulated under this chapter, whether or not pre-assembled, of any kind of industrial or commercial machinery, equipment, or vehicles and any kind of indoor or outdoor machinery, equipment, vehicles, or other products for use by the general population, including but not limited to:

(a) Fabricated metal products;

(b) Molded plastic parts;

(d) Commercial and industrial machinery and equipment;

(e) Automotive or transportation equipment;

(f) Interior or exterior automotive parts;

(g) Construction equipment;

(h) Motor vehicle accessories;

(i) Bicycles and sporting goods;

(j) Toys;

(k) Recreational vehicles;

(l) Watercraft;

(m) Extruded aluminum structural components;

(n) Railroad cars;

(o) Heavier vehicles;

(p) Lawn and garden equipment;

(q) Business machines;

(r) Laboratory and medical equipment;

(s) Electronic equipment;

(t) Steel drums; and

(u) Metal pipes.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.40 Miscellaneous stationary VOC source {#sec-env-a-1203.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.40}

"Miscellaneous stationary VOC source" means any stationary source of VOCs which has at least one unclassifiable core process or device but which might also include any number of classifiable core processes or devices.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.41 Modified control techniques {#sec-env-a-1203.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.41}

"Modified control techniques" means techniques for reducing VOC emissions to the atmosphere that are less stringent than the control techniques prescribed in the applicable provisions of this chapter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.42 Modified emission rate limits {#sec-env-a-1203.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.42}

"Modified emission rate limits" means VOC RACT emission rate limits that are less stringent than the limits on actual emission rates prescribed in the applicable provisions of this chapter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.43 Mold {#sec-env-a-1203.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.43}

“Mold” means a form in which a substance is shaped in order to produce a part or product, typically created with frames or by forming a cavity in a solid.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.44 Mold-seal coating {#sec-env-a-1203.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.44}

“Mold-seal coating” means the initial coating applied to a new mold or a repaired mold to provide a smooth surface which, when coated with a mold release coating, prevents products from sticking to the mold.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.45 Monomer {#sec-env-a-1203.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.45}

“Monomer” means a VOC that partially combines with itself, or with other similar compounds, by a cross-linking reaction to become a part of the cured resin.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.46 Motor vehicle adhesive {#sec-env-a-1203.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.46}

“Motor vehicle adhesive” means an adhesive, including glass-bonding adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied for the purpose of bonding 2 vehicle surfaces together without regard to the substrates involved.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.47 Motor vehicle glass bonding primer {#sec-env-a-1203.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.47}

“Motor vehicle glass bonding primer” means a primer, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass-bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass bonding/cleaning primers that both clean and prime the windshield or other glass or body openings prior to the application of adhesive or the installation of adhesive bonded glass.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.48 Motor vehicle weatherstrip adhesive {#sec-env-a-1203.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.48}

“Motor vehicle weatherstrip adhesive” means an adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to weatherstripping materials for the purpose of bonding the weatherstrip material to the surface of the vehicle.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.49 Multicategory stationary VOC source {#sec-env-a-1203.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.49}

"Multicategory stationary VOC source" means any stationary source of VOCs which, excluding non-core activities as enumerated in Env-A 1203.53, has either:

(a) At least 2 classifiable processes or devices in dissimiliar VOC categories; or

(b) At least one classifiable process or device and at least one unclassifiable process or device.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.50 Multi-colored coating {#sec-env-a-1203.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.50}

“Multi-colored coating” means a coating which exhibits more than one color when applied, but which is packaged in a single container and applied in a single coat.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.51 Multi-component coating {#sec-env-a-1203.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.51}

“Multi-component coating” means a coating requiring the addition, before application, of a separate reactive resin, commonly known as a catalyst or hardener, in order to form an acceptable dry film.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.52 Non-compliant coating {#sec-env-a-1203.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.52}

"Non-compliant coating" means a coating material that exceeds the applicable VOC RACT emission rate standard for a category listed in Env-A 1201.03(a)(1) through (10).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.53 Non-core activities {#sec-env-a-1203.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.53}

"Non-core activities" means activities conducted at the source that are not directly related to the central manufacturing or business purpose of the source, including but not limited to:

(a) Use of an office machine, including copying and duplication activities;

(b) An interior maintenance activity and the devices and supplies used therein, such as:

(1) Janitorial and general building maintenance;

(2) Welding, gluing, and soldering related to building and machine maintenance; and

(3) Painting and cleaning process devices, except:

a. A VOL metal degreasing operation subject to regulation under this chapter; or

b. Any process equipment cleaning or maintenance activity subject to regulation under this chapter;

(c) An exterior maintenance activity and the equipment and supplies used therein, such as repainting, roofing, and blasting, and general grounds maintenance, including lawncare; and

(d) Non-commercial maintenance and operation of non-commercial laboratory and other activities to the extent that such activities are not directly related to the primary production process or commercial business activities normally conducted at the source.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.54 Non-flexible coating {#sec-env-a-1203.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.54}

"Non-flexible coating" means a coating without the ability to withstand dimensional changes, which is designed for substrates that remain rigid during normal use.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.55 Non-heatset {#sec-env-a-1203.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.55}

"Non-heatset" means any operation where the printing inks are set without the use of heat. The term includes curing operations that use ultraviolet light.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.56 Normally closed container {#sec-env-a-1203.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.56}

"Normally closed container" means a container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.57 Offset {#sec-env-a-1203.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.57}

"Offset" means a printing process that transfers an ink film to an intermediary surface, which in turn transfers the ink film to a printing substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.58 One-component coating {#sec-env-a-1203.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.58}

“One-component coating” means a coating that is ready for application to form an acceptable dry film as it comes out of its container, with or without the addition of a thinner to reduce its viscosity.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.59 Open molding {#sec-env-a-1203.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.59}

“Open molding” means a family of techniques for composite fabrication which makes use of single-cavity molds and requires little or no external pressure.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.60 Open top vapor degreaser {#sec-env-a-1203.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.60}

"Open top vapor degreaser" means a batch process for degreasing metal surfaces by condensing hot VOL solvent vapor onto colder metal parts.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.61 Optical coating {#sec-env-a-1203.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.61}

“Optical coating” means a coating applied to an optical lens.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.62 Over-varnish {#sec-env-a-1203.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.62}

"Over-varnish" means a coating applied directly over a design coating or directly over ink to reduce the coefficient of friction, to provide gloss, and to protect the finish against abrasion and corrosion.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.63 Outdoor floor covering installation adhesive {#sec-env-a-1203.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.63}

“Outdoor floor covering installation adhesive” means any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.64 Overall control efficiency {#sec-env-a-1203.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.64}

“Overall control efficiency” means the reduction of VOC emissions achieved through a combination of the capture and elimination of the emissions, expressed as a percentage.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.65 Ozone season {#sec-env-a-1203.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.65}

"Ozone season" means the period between March 1 and September 30, inclusive.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.66 Packaging rotogravure printing {#sec-env-a-1203.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.66}

"Packaging rotogravure printing" means rotogravure printing on paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into rigid packaging products and other non-publication products.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.67 Pan-backing coating {#sec-env-a-1203.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.67}

“Pan-backing coating” means a coating applied to the surface of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.68 Paper coating {#sec-env-a-1203.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.68}

"Paper coating" means:

(a) Coating of paper or pressure sensitive tape, regardless of substrate material, by means of:

(1) Direct surface application; or

(2) Impregnation or saturation by the use of roll, knife, or rotogravure coating;

(b) Coating processes on a continuous roll of plastic film; or

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.69 Paper, fabric, film, and foil coating operations {#sec-env-a-1203.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.69}

“Paper, fabric, film, and foil coating operations” means those processes that apply a coating to any woven or non-woven, fibrous or non-fibrous substrate, including but not limited to the following:

(a) Paper;

(b) Fabric;

(d) Plastic film;

(e) Ribbon;

(f) Magnetic tapes;

(g) Pressure sensitive tapes and labels;

(h) Photographic film;

(i) Industrial and decorative laminates;

(j) Abrasive products;

(k) Corrugated and solid fiber boxes;

(l) Die-cut paper paperboard and cardboard;

(m) Converted paper and paperboard;

(n) Folding paperboard boxes;

(o) Manifold business forms and related products;

(p) Plastic asceptic packaging; and

(q) Carbon paper and inked ribbons.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.70 Penetrating prime coat {#sec-env-a-1203.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.70}

"Penetrating prime coat" means an application of low-viscosity liquid asphalt to an absorbent surface to prepare an untreated base for an asphalt surface.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.71 Perimeter-bonded sheet flooring installation {#sec-env-a-1203.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.71}

“Perimeter-bonded sheet flooring installation” means the installation of sheet flooring with vinyl backing onto a non-porous substrate using an adhesive designed to be applied only to a strip of up to 4 inches wide around the perimeter of the sheet flooring.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.72 Pharmaceutical product {#sec-env-a-1203.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.72}

“Pharmaceutical product” means a substance that includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral, or herb supplement intended for human or animal consumption and used to cure, mitigate, or treat disease, or improve or enhance health.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.73 Plastic part coating {#sec-env-a-1203.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.73}

"Plastic part coating" means the surface coating of a component of an end-use product, which component is made from a substance that has been formed from resin through the application of pressure, heat, or both.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.74 Plastic solvent welding adhesive {#sec-env-a-1203.74 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.74}

“Plastic solvent welding adhesive” means any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.75 Plastic cement welding adhesive primer {#sec-env-a-1203.75 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.75}

“Plastic cement welding adhesive primer” means any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.76 Plasticizer {#sec-env-a-1203.76 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.76}

“Plasticizer” means a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.77 Plastics {#sec-env-a-1203.77 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.77}

“Plastics” means synthetic materials chemically formed by the polymerization of carbon-based substances, usually compounded with modifiers, extenders, or reinforcers, and capable of being molded, extruded, cast into various shapes and films, or drawn into filaments.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.78 Pleasure craft {#sec-env-a-1203.78 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.78}

“Pleasure craft” means a fiberglass or metal recreational boat.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.79 Porous material {#sec-env-a-1203.79 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.79}

“Porous material” means a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including but not limited to paper and corrugated paperboard. The term does not include wood.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.80 Prefabricated architectural component coatings {#sec-env-a-1203.80 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.80}

“Prefabricated architectural component coatings” means coatings applied to metal parts and products that are to be used as an architectural structure.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.81 Press {#sec-env-a-1203.81 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.81}

"Press" means a printing production assembly that can be made up of one or more units to produce a finished product.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.82 Pretreatment wash primer {#sec-env-a-1203.82 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.82}

“Pretreatment wash primer” means a coating which contains no more than 25 percent solids, by weight, and at least 0.1 percent acid, by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.83 Prime coating {#sec-env-a-1203.83 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.83}

"Prime coating" means the first of 2 or more films of coating applied to a substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.84 Production resin or gel coat {#sec-env-a-1203.84 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.84}

“Production resin or gel coat” means a resin or gel coat that is used to fabricate fiberglass boat hulls or decks.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1203.85 Publication rotogravure printing {#sec-env-a-1203.85 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1203.85}

"Publication rotogravure printing" means rotogravure printing on paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, pamphlets, periodicals, direct mail advertisements, display advertisements, and other printed materials.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1204 Definitions: R Through Z

N.H. Code Admin. R. Ann. Env-A 1204.01 Radio frequency interference (RFI) shielding coating {#sec-env-a-1204.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.01}

"Radio frequency interference (RFI) shielding coating" means a coating used in plastic business machine housing to attenuate radio frequency signals that would otherwise pass through the plastic housing.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.02 Reasonably available control technology (RACT) applicability criteria {#sec-env-a-1204.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.02}

"Reasonably available control technology (RACT) applicability criteria" means the design, operational, or other characteristics of a source, process, or device which define the conditions at which the source, process, or device becomes subject to the RACT requirements of this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.03 RACT applicability emissions threshold {#sec-env-a-1204.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.03}

"RACT applicability emissions threshold" means the actual or theoretical potential emissions of VOCs at which a coating, printing, miscellaneous, or multicategory source, process, or device becomes subject to the RACT requirements of this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.04 RACT-applicable classifiable process or device {#sec-env-a-1204.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.04}

"RACT-applicable classifiable process or device" means any classifiable process or device meeting the applicability provisions of the relevant VOC category listed in Env-A 1201.03(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.05 RACT-applicable miscellaneous stationary VOC source {#sec-env-a-1204.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.05}

"RACT-applicable miscellaneous stationary VOC source" means any miscellaneous stationary VOC source meeting the applicability criteria of Env-A 1222.01(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.06 RACT-applicable multicategory stationary VOC source {#sec-env-a-1204.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.06}

"RACT-applicable multicategory stationary VOC source" means any multicategory stationary VOC source meeting the applicability criteria of Env-A 1222.01(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.07 Refrigerated chiller {#sec-env-a-1204.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.07}

"Refrigerated chiller" means a device that is mounted above a water jacket and primary condenser coils, consisting of secondary coils which carry a refrigerant to provide a chilled air blanket above the solvent vapor to reduce emissions from a degreaser bath.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.08 Reinforced plastic composite {#sec-env-a-1204.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.08}

“Reinforced plastic composite” means a composite material consisting of plastic reinforced with fibers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.09 Repair coating {#sec-env-a-1204.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.09}

“Repair coating” means a coating used to re-coat portions of a previously coated product which has sustained mechanical damage to the coating following normal coating operations.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.10 Resist coating {#sec-env-a-1204.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.10}

"Resist coating" means a coating that is applied to a plastic part prior to metallic plating to prevent deposits of metal from forming on the part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.11 Rim-mounted secondary seal {#sec-env-a-1204.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.11}

"Rim-mounted secondary seal" means a continuous seal extending from a floating roof to the tank wall.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.12 Roll coating {#sec-env-a-1204.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.12}

“Roll coating" means the application of a coating material to a substrate by means of hard rubber, elastomeric, or metal rolls.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.13 Roll printing {#sec-env-a-1204.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.13}

"Roll printing" means the application of words, designs, and pictures to a substrate usually by means of a series of rolls each with only partial coverage.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.14 Rotogravure coating {#sec-env-a-1204.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.14}

"Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll, and the coating material is picked up in these recessed areas and is transferred to the substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.15 Rotogravure printing {#sec-env-a-1204.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.15}

"Rotogravure printing" means the application of ink in the form of characters, designs, or pictures to a substrate by means of a roll printing technique in which the image area is recessed relative to the non-image area.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.16 Rubber {#sec-env-a-1204.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.16}

“Rubber” means any natural or manmade rubber substrate, including but not limited to styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.17 Sealant {#sec-env-a-1204.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.17}

“Sealant” means any material with adhesive properties that is formulated primarily to fill, seal, waterproof or weatherproof gaps or joints between 2 surfaces, including sealant primers and caulks.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.18 Sealant primer {#sec-env-a-1204.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.18}

“Sealant primer” means any product intended by the manufacturer for application to a substrate, prior to the application of a sealant, to enhance the bonding surface.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.19 Sealer {#sec-env-a-1204.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.19}

"Sealer" means a finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. The term does not include special purpose finishing materials that are used in some finishing systems to optimize aesthetics.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.20 Sheet-fed {#sec-env-a-1204.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.20}

"Sheet-fed" means any operation where paper is fed to the press in individual sheets.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.21 Sheet rubber lining installation {#sec-env-a-1204.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.21}

“Sheet rubber lining installation” means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. The term also includes the process of laminating sheet rubber to fabric by hand.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.22 Shock-free coating {#sec-env-a-1204.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.22}

“Shock-free coating” means a coating having characteristics of low capacitance and high resistance and resistance to breaking down under high voltage, which is applied to electrical components to protect the user from electric shock.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.23 Shoe-mounted secondary seal {#sec-env-a-1204.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.23}

"Shoe-mounted secondary seal" means a secondary seal that extends circumferentially from the top of a shoe seal to the tank wall.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.24 Shoe seal {#sec-env-a-1204.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.24}

"Shoe seal" means a seal consisting of a metal sheet connected by braces to a floating roof and held tight against the wall of a vertical tank by springs or weighted levers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.25 Side-seam spray {#sec-env-a-1204.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.25}

"Side-seam spray" means a coating applied to the seam of a 3-piece can.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.26 Silicone-release coating {#sec-env-a-1204.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.26}

“Silicone-release coating” means any coating which contains silicone resin and is intended to prevent food from sticking to metal surfaces such as baking pans.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.27 Single coat {#sec-env-a-1204.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.27}

"Single coat" means one film of coating applied to a metal surface.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.28 Single-ply roof membrane {#sec-env-a-1204.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.28}

“Single-ply roof membrane” means a prefabricated single sheet of rubber, normally ethylene-propylenediene terpolymer, that is field-applied to a building roof using one layer of membrane material. The term does not include membranes prefabricated from EPDM.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.29 Single-ply roof membrane installation and repair adhesive {#sec-env-a-1204.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.29}

“Single-ply roof membrane installation and repair adhesive” means any adhesive labeled for use for attaching the edge of a membrane to the edge of a roof, applying or reapplying flashings to vents, pipes, and ducts that protrude through a membrane, repairing single-ply roof membrane, gluing the edges of torn membrane together or attaching a patch over a hole in a membrane.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.30 Single-ply roof membrane adhesive primer {#sec-env-a-1204.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.30}

“Single-ply roof membrane adhesive primer” means any primer labeled for use to clean and promote adhesion of single-ply roof membrane seams or splices prior to bonding.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.31 Soft coating {#sec-env-a-1204.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.31}

"Soft coating" means any coating that provides a soft tactile feel similar to leather and a rich leather-like appearance when applied to plastic interior automotive parts and exterior business machine parts.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.32 Solar-absorbent coating {#sec-env-a-1204.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.32}

“Solar-absorbent coating” means a coating which has as its prime purpose the absorption of solar radiation.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.33 Solvent {#sec-env-a-1204.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.33}

“Solvent” means any volatile organic compound used in its liquid or vapor form as a diluent, thinner, dissolver, viscosity reducer, or cleaning agent, including to remove soils from fibrous, non-fibrous, woven, non-woven, metallic, and non-metallic articles, materials or surfaces.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.34 Solvent metal cleaning {#sec-env-a-1204.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.34}

"Solvent metal cleaning" means the process of degreasing metal using cold cleaning, open top vapor, or conveyorized degreasing methods.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.35 Stain {#sec-env-a-1204.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.35}

"Stain" means any color coat that is applied in single or multiple layers directly to a wood substrate. The term includes non-grainraising stains, equalizer stains, sap stains, body stains, no-wipe stains, penetrating stains, and toners.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.36 Stencil coating {#sec-env-a-1204.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.36}

"Stencil coating" means an ink or pigmented coating that is rolled or brushed onto a template or stamp at a thickness of not more than one mil of coating solids, typically used to form letters, numbers, or decorative designs.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.37 Strippable booth coating {#sec-env-a-1204.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.37}

"Strippable booth coating" means a coating that is:

(a) Applied to a booth wall to provide a protective film to receive overspray during finishing operations; and

(b) Subsequently peeled off and disposed.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.38 Stripping {#sec-env-a-1204.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.38}

“Stripping” means the removal of cured coatings, inks, adhesives, photoresists, maskants, or other previously applied coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.39 Structural glazing {#sec-env-a-1204.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.39}

“Structural glazing” means the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.40 Submerged fill {#sec-env-a-1204.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.40}

"Submerged fill" means the method of filling a delivery tank truck or storage tank whereby product enters within 150 mm, equivalent to 5.9 inches, of the bottom of the tank truck or storage tank. The term includes bottom filling of delivery tank trucks and storage tanks.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.41 Substrate {#sec-env-a-1204.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.41}

"Substrate" means a surface onto which a coating is applied or into which a coating is impregnated.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.42 Testing and research activities {#sec-env-a-1204.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.42}

"Testing and research activities" means activities that are:

(a) Conducted for the purpose of:

(1) Determining product quality or customer acceptance;

(2) Improving product quality; or

(3) Improving an existing process;

(b) Not conducted for the direct manufacture of products for commercial sale; and

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.43 Texture coating {#sec-env-a-1204.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.43}

"Texture coating" means a coating that is applied to a plastic part so as to create discrete raised spots of the coating.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.44 Theoretical potential VOC emissions (TPEs) {#sec-env-a-1204.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.44}

"Theoretical potential VOC emissions (TPEs)” means the emissions of VOCs that would have occurred prior to the application of add-on controls required by a federally enforceable rule or document issued prior to January 1, 1990, based on one of the following:

(a) Continuous operation of 8760 hours per year under maximum production capacity, which for coating and graphic arts sources includes coatings and inks with the highest VOC content used in practice by the source during 1993 and 1994 or the 2-year period most representative of normal production rates; or

(b) Hours of operation, process conditions, or both that are limited by federally enforceable permit conditions.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.45 Thin metal laminating adhesive {#sec-env-a-1204.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.45}

“Thin metal laminating adhesive” means any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness of each bond line is less than 0.25 millimeters.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.46 Tire repair {#sec-env-a-1204.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.46}

“Tire repair” means a process that includes expanding a hole, tear, fissure, or blemish in a tire casting by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.47 3-piece can {#sec-env-a-1204.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.47}

"3-piece can" means a metal can that is made by rolling a rectangular sheet of metal into a cylinder that is welded, cemented, or soldered at the seam and attaching 2 ends.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.48 Toner {#sec-env-a-1204.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.48}

"Toner" means a coating applied to wood to minimize color differences on the unfinished wood and to allow a subsequent coating to color the wood evenly.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.49 Tooling resin or gel coat {#sec-env-a-1204.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.49}

“Tooling resin or gel coat” means a resin or gel coat used to build molds and which is normally harder, more heat-resistant, and more dimensionally stable than production materials.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.50 Topcoat {#sec-env-a-1204.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.50}

"Topcoat" means the final coating system applied to provide the final color or protective finish, or both. The term includes a monocoat color or basecoat/clearcoat system, in-line repair, and 2-tone coatings, and includes other coating(s), such as blackout or interior color, applied in the same spray booth(s).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.51 Touch-up coating {#sec-env-a-1204.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.51}

"Touch-up coating" means a coating used to cover minor coating imperfections that appear after the main coating operation is completed.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.52 Translucent coating {#sec-env-a-1204.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.52}

“Translucent coating” means a coating that contains binders and pigment, and is formulated to form a colored, but not opaque, film.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.53 True vapor pressure {#sec-env-a-1204.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.53}

"True vapor pressure" means the equilibrium partial pressure exerted by a VOL as determined in accordance with methods described in American Petroleum Institute (API) Chapter 19.2, "Evaporative Loss From Floating Roof Tanks", second edition, September 2003.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.54 2-piece can {#sec-env-a-1204.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.54}

"2-piece can" means a metal can whose body and one end are formed from a shallow cup and to which the other end is later attached.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.55 2-piece can exterior end coating {#sec-env-a-1204.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.55}

"2-piece can exterior end coating" means a coating applied by roller coating or spraying to the exterior end of a metal can to provide protection to the metal.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.56 Unclassifiable process or device {#sec-env-a-1204.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.56}

"Unclassifiable process or device" means a VOC-emitting process or device which does not meet the definitional criteria of at least one of the VOC categories listed in Env-A 1201.03(a)(1) through (21).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.57 Unit {#sec-env-a-1204.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.57}

"Unit" means the smallest complete component of a printing press which is capable of printing only one color.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.58 Vacuum metallizing {#sec-env-a-1204.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.58}

"Vacuum metallizing" means a process whereby metal is vaporized and deposited on a substrate in a vacuum chamber.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.59 Vacuum-metallizing coating {#sec-env-a-1204.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.59}

"Vacuum-metallizing coating" means:

(a) The undercoat applied to a substrate on which the metal is deposited; or

(b) The overcoat applied directly to the metal film.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.60 Vapor-mounted seal {#sec-env-a-1204.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.60}

"Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space underneath the seal, which space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.61 Vinyl or urethane substrate coating {#sec-env-a-1204.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.61}

"Vinyl or urethane substrate coating" means a decorative, protective, or functional coating or ink that is applied to vinyl or urethane substrates, including vinyl or urethane coated fabric.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.62 VOC category {#sec-env-a-1204.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.62}

"VOC category" means any process, device, or operation listed in Env-A 1201.03(a)(1) through (21).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.63 VOC composite pressure {#sec-env-a-1204.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.63}

"VOC composite pressure" means the sum of the pressures of the solvent compounds defined as VOCs.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.64 VOC-emitting device {#sec-env-a-1204.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.64}

"VOC-emitting device" means any equipment or activity that results in the emission of VOCs, whether through a duct or stack, as fugitive emissions, or otherwise.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.65 VOC subcategory {#sec-env-a-1204.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.65}

"VOC subcategory" means any process, device, or operation subordinate to one of the categories listed in Env-A 1201.03(a)(1) through (21), above, for which a VOC RACT standard has been prescribed in the applicable category.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.66 Volatile organic compound (VOC) {#sec-env-a-1204.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.66}

“Volatile organic compound (VOC)” means “volatile organic compound” as defined in Env-A 105.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.67 Volatile organic liquid (VOL) {#sec-env-a-1204.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.67}

“Volatile organic liquid (VOL)” means any organic liquid which is capable of emitting VOCs into the atmosphere.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.68 Washcoat {#sec-env-a-1204.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.68}

"Washcoat" means a transparent special purpose coating that is applied over an initial stain to protect and control color and to stiffen the wood fibers in order to aid sanding and to which a topcoat is applied.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.69 Washoff operations {#sec-env-a-1204.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.69}

"Washoff operations" means those operations in which a solvent is used to remove coating from a substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.70 Water jacket {#sec-env-a-1204.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.70}

"Water jacket" means an outer casing that holds water or through which water circulates to cool the interior.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.71 Waterproof resorcinol glue {#sec-env-a-1204.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.71}

“Waterproof resorcinol glue” means a 2-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.72 Waxy, heavy-pour crude oil {#sec-env-a-1204.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.72}

"Waxy, heavy-pour crude oil" means a crude oil with a pour point of 10C, equivalent to 50F, or higher as determined by the ASTM Standard D97-09, "Standard Test Method for Pour Point of Petroleum Products".

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.73 Web {#sec-env-a-1204.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.73}

"Web" means a continuous roll of paper used as a printing substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.74 Web coating line {#sec-env-a-1204.74 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.74}

"Web coating line" means all of the coating applicator(s), drying area(s), or oven(s), located between an unwind station and a rewind station, that are used to apply coating onto a continuous strip of substrate.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1204.75 Wood furniture coating operation {#sec-env-a-1204.75 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.75}

"Wood furniture coating operation" means the surface coating of products that belong to the same wood furniture industrial grouping and which are identified in the North American Industry Classification System Manual, 2002, by the following codes:

(a) 33711;

(b) 44211;

(d) 337122;

(e) 337125;

(f) 337127;

(g) 337129;

(h) 337211;

(i) 337212;

(j) 337215; and

(k) 339111.

N.H. Code Admin. R. Ann. Env-A 1204.76 Working day {#sec-env-a-1204.76 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1204.76}

“Working day” means a 24-hour period beginning at 12:00 a.m., or any part of such period, in which a facility is engaged in manufacturing.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1205 Ract Procedures

N.H. Code Admin. R. Ann. Env-A 1205.01 Determination of Emissions {#sec-env-a-1205.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.01}

(a) The determination of TPEs shall include all emissions from core activities.

(b) The determination of actual emissions for the purpose of determining compliance with the applicable rule or establishing exceptions to applicability, as provided in Env-A 1201.03 and Env-A 1201.04, respectively, shall be as prescribed in Env-A 705.03.

(c) For a coating source that uses add-on control equipment or a bubble to achieve compliance, the emission rate limit shall be determined on a solids basis, as specified in (d), below, using the following terms:

(1) “S” means the VOC emission rate limit in terms of kg/1 (lb/gal) of coating solids;

(2) “dA” means the actual mass density of VOC in the applied surface coating formulation in terms of kg/1 (lb/gal), but in the case where multiple coatings are used, dA means the weighted average actual mass density of VOC in the applied surface coatings in terms of kg/1 (lb/gal); and

(3) “Ec” means the emission rate limit prescribed for the applicable coating category, subcategory, or process as calculated on a coatings basis, in terms of kg VOC/1 (lb VOC/gal) of coating, as applied to the substrate.

(d) To calculate the emission rate limit S, the quotient of Ec and dA shall be subtracted from one and the result shall be divided into Ec, as in the formula below:

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.02 Alternative Compliance Procedures {#sec-env-a-1205.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.02}

(a) The owner or operator of a coating operation that meets any of the applicability criteria stated in Env-A 1206 through Env-A 1212 may satisfy the applicable emission rate limits by implementing add-on control techniques or a bubble and complying with the solids-based emission rate limits stated in the applicable rule or calculated using the procedures of Env-A 1205.01(d) and Env-A 800.

(b) As an alternative to the applicable emission rate limits or technological controls specified in this chapter in cases where the owner or operator of a source cannot meet the applicable requirements due to technological or economic reasons, the owner or operator shall satisfy those requirements by obtaining and complying with a modified control technique approved by the department and EPA in accordance with the RACT order provisions of Env-A 1205.03 through Env-A 1205.06.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.03 Requests for VOC RACT Orders; Initial Determinations Regarding Sufficiency {#sec-env-a-1205.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.03}

(a) Owners or operators of the following sources shall comply with the applicable provisions of (b), below, and obtain a RACT order from the department in accordance with the provisions of (c), (d), or Env-A 1205.04(a), below, as applicable:

(1) Owners or operators of classifiable and RACT-applicable stationary sources seeking modified VOC RACT emission limits or control technology; and

(2) Owners or operators of RACT-applicable miscellaneous or multicategory stationary VOC sources seeking RACT compliance by adopting control option 5 as set forth in Env-A 1222.02(a)(5).

(b) The owner or operator of any stationary source meeting the criteria of either (a)(1) or (a)(2), above, shall submit the following to the department:

(1) An inventory of all VOC-emitting devices and processes at the stationary source not exempt under the applicable provisions of this chapter;

(2) The TPEs of each VOC-emitting device or process identified pursuant to (b)(1), above;

(3) The actual amount of VOCs emitted, based on solvent throughput or units of production, from each VOC-emitting device or process at the stationary source not exempt under the applicable provisions of this chapter, for the following time periods:

a. Daily average for calendar year 1990, or other year or consecutive 12-month period as required pursuant to (d), below; and

b. Daily average during the ozone season for calendar year 1990, or other calendar year as required pursuant to (d), below;

(4) A study of RACT control options consisting of the following:

a. A detailed examination of the technical and economical feasibility of available VOC control techniques, including the technique of using emission reduction credits (ERCs) or discrete emission reductions (DERs) as a compliance option, for all VOC-emitting devices or processes not exempt under the applicable provisions of this chapter; and

b. The control option selected, stating emission limits, monitoring, recordkeeping and reporting procedures, and test methods to be used to demonstrate compliance;

(5) The amount of VOC that is proposed to be controlled from each VOC-emitting device or process identified in (b)(1), above;

(6) A schedule for implementation, containing the major increments of progress toward compliance, including:

a. Completion of engineering;

b. Awarding of contract;

c. Initiation of construction;

d. Completion of construction; and

e. Final compliance with emission or control requirements of this chapter; and

(7) A demonstration of compliance consistent with the requirements of this chapter.

(c) For any source submitting a RACT order application pursuant to the applicable provisions(s) of (a), above, the department shall:

(1) Issue to the source owner or operator within 60 days of receipt of documentation submitted pursuant to (b), above, an initial determination of sufficiency; or

(2) Issue to the source owner or operator within 60 days of receipt of documentation submitted pursuant to (b), above, an initial determination of insufficiency, together with a request for all additional information necessary to issue a RACT determination for a modified emission rate limit or modified control technique, as applicable.

(d) The director shall approve an alternative time period pursuant to (b)(3)a. or (b)(3)b., above, for which the source provides a demonstration that the applicable time periods specified therein are unrepresentative of the operation of the facility due to one or more of the following reasons:

(1) Add-on controls were installed during the calendar year 1990, or during the 1990 ozone season, as applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;

(2) Process or product changes were implemented during the calendar year 1990, or during the 1990 ozone season, as applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;

(3) The facility was not in existence or the applicable VOC-emitting processes or devices were not operational during any portion of calendar year 1990, or during any portion of the 1990 ozone season, as applicable; or

(4) Any other reason that the department, using EPA-approved methods and procedures as specified in 40 CFR § 51.165, determines is adequate to demonstrate that VOC emissions for calendar year 1990, or the 1990 ozone season, whichever is applicable, were unrepresentative of normal VOC-emitting facility operations.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.04 Final Determinations Regarding Sufficiency; Proposed VOC RACT Orders {#sec-env-a-1205.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.04}

(a) In the event that an initial determination of sufficiency is made, the department shall issue a final determination of sufficiency and present to EPA and the owner or operator of the affected source a proposed RACT order within 60 days of the initial determination of sufficiency containing:

(1) An inventory of all affected VOC-emitting devices or processes not exempt under the applicable provisions of this chapter;

(2) Emission limits for all affected VOC-emitting devices or processes not exempt under the applicable provisions of this chapter;

(3) A schedule requiring compliance with the RACT emission limits that contains the elements described in Env-A 1205.03(b)(6);

(4) Procedures for determining initial compliance with the approved modified emission rate limits or control technology;

(5) Procedures for assessing continuous compliance with the emission limits, if applicable; and

(6) Recordkeeping and reporting requirements in accordance with the provisions of Env-A 903, Env-A 904, and Env-A 908.

(b) In the event that an initial determination of insufficiency is made, the department shall:

(1) Issue a final determination of sufficiency and present to EPA and the owner or operator of the affected source a proposed RACT order containing those items listed in (a)(1) through (a)(6), above, within 60 days of the receipt of those items submitted pursuant to Env-A 1205.03(c)(2); or

(2) Terminate the permit process and issue a final determination of insufficiency if a complete response to the initial determination of insufficiency is not received from the owner or operator of the affected facility within 60 days of receipt of notification of the department’s initial determination of insufficiency.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.05 Public Notice; Opportunity for Comment {#sec-env-a-1205.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.05}

(a) Within 30 days of the issuance of a proposed RACT order, the department shall issue a public notice of the proposed RACT order, once in a newspaper of daily statewide circulation and once in a newspaper in the general locality of the affected source.

(b) The public notice specified in (a), above, shall:

(1) Briefly describe the proposed RACT order;

(2) Offer the opportunity for a hearing;

(3) State where the full proposal is available for inspection, including whether the proposal can be accessed electronically; and

(4) Identify the name and contact information for the individual at the department to whom a request for a hearing should be directed.

(1) Publish a notice in a newspaper of daily statewide circulation, stating the the place, date, and time of the hearing at least 30 days prior to conducting the hearing; and

(2) Conduct the hearing on the proposed RACT order in accordance with the non-adjudicative hearing procedures specified in Env-C 200.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.06 Issuance of VOC RACT Order {#sec-env-a-1205.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.06}

(a) After considering all public comment received and within 60 days of the date of the public hearing on the proposed VOC RACT order, the department shall issue a final RACT order to the owner or operator of the affected facility.

(b) Within 60 days of the issuance of a final VOC RACT order, the department shall submit to EPA a revision to the state implementation plan (SIP).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.07 Emissions Testing and Monitoring Requirements {#sec-env-a-1205.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.07}

A source subject to this chapter shall comply with the applicable testing requirements as listed for each source category pursuant to Env-A 804. When compliance with the applicable emission standards is achieved by using a capture and control system, a capture efficiency test shall be performed according to the procedures in Env-A 805.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1205.08 Recordkeeping and Reporting Requirements {#sec-env-a-1205.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1205.08}

A source subject to this chapter shall comply with the applicable recordkeeping and reporting requirements as specified for each source category in Env-A 900.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1206 Metal Can Coating

N.H. Code Admin. R. Ann. Env-A 1206.01 Applicability Criteria for Coating of Metal Cans {#sec-env-a-1206.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1206.01}

A source whose metal can coating operations have combined TPEs during any consecutive 12-month period after December 31, 1989 which equal or exceed 10 tons of VOCs shall be subject to the provisions of this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1206.02 Compliance Standards for Coating of Metal Cans {#sec-env-a-1206.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1206.02}

A metal can coating source shall be limited at all times to the emission rates specified below:

(a) For use in interior or exterior sheet base-coating or over-varnish, or a 2-piece can exterior base coat or over-varnish, 0.34 kg VOC/l, equivalent to 2.8 lb VOC/gallon, of coating as applied, excluding water and exempt compounds or, for a source implementing add-on controls or a bubble to achieve compliance, the solids-based emission rate determined by the procedure described in Env-A 1205.01(d);

(b) For use in a 2-piece or 3-piece can interior body spray coating, or a 2-piece can exterior end spray or roll coating, 0.51 kg VOC/l, equivalent to 4.2 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds;

(c) For use in 3-piece can side-seam spray operations, 0.66 kg VOC/l, equivalent to 5.5 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds; or

(d) For use in end sealing compound operations, 0.44 kg VOC/l, equivalent to 3.7 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1207 Paper, Fabric, Film and Foil Substrates Coating

N.H. Code Admin. R. Ann. Env-A 1207.01 Applicability and Exemptions for Coating of Paper, Fabric, Film and Foil Substrates {#sec-env-a-1207.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1207.01}

(a) Subject to (b), below, any source at which paper, fabric, film, and foil coating operations, including related cleaning activities, have combined actual emissions, before controls, during any consecutive 12-month period of 3.0 tons of VOCs or more shall be subject to this part.

(b) The following processes shall be exempt from this part:

(1) The application of a coating to vinyl or urethane coated fabric, or vinyl or urethane sheets;

(2) Coating performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press; and

(3) Size presses and on-machine coaters on papermaking machines that apply sizing, such as starch or water-based clays.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1207.02 Work Practice Standards for Cleaning Materials Used in Coating of Paper, Fabric, Film and Foil Substrates {#sec-env-a-1207.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1207.02}

A paper, fabric, film, or foil coating operation that uses VOC-containing cleaning materials shall control VOC emissions from the cleaning materials using the following work practices:

(a) Storing VOC-containing cleaning materials in closed containers;

(b) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing materials;

(d) Conveying VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(e) Minimizing VOC emissions from the cleaning of storage, mixing, and conveying equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1207.03 Emission {#sec-env-a-1207.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1207.03}

Rate Limits for Coating of Paper, Fabric, Film and Foil Substrates.

(a) A paper, fabric, film, or foil coating operation that has a TPE equal to or greater than 10 tons per consecutive 12-month period, but less than 25 tons per consecutive 12-month period, shall be limited at all times to an emission rate of 0.35 kg VOC/l, equivalent to 2.9 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

(b) A paper, fabric, film, or foil coating operation that has a TPE equal to or greater than 25 tons per consecutive 12-month period, as applied, shall be limited at all times before January 1, 2016, to an emission rate of 0.35 kg VOC/l, equivalent to 2.9 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

(c) A paper, fabric, film, or foil coating operation that has a TPE equal to or greater than 25 tons per consecutive 12-month period, as applied, shall be limited at all times on and after January 1, 2016 to either the emission rates or control efficiency, as applied, as specified in table 1207-1, below:

Table 1207-1: VOC Limits for Sources with a TPE of 25 tons per consecutive 12-month period or Greater

Units

Pressure Sensitive Tape and

Label Surface Coating

Paper, Film, and Foil Surface Coating

(Not including Pressure Sensitive Tape

and Label Coating)

Control Efficiency (%)

kg VOC/kg solids

(lb VOC/lb solids)

0.20

(0.20)

0.40

(0.40)

kg VOC/kg coating

(lb VOC/lb coating)

0.067

(0.067)

0.08

(0.08)

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1208 Vinyl and Urethane Substrate Coating

N.H. Code Admin. R. Ann. Env-A 1208.01 Applicability for Vinyl and Urethane Substrate Coating {#sec-env-a-1208.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1208.01}

Any source at which vinyl or urethane substrate coating operations have combined TPEs during any consecutive 12-month period of 10 tons of VOCs or more shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1208.02 Compliance Standards for Vinyl and Urethane Substrate Coating {#sec-env-a-1208.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1208.02}

Any process applying a coating onto vinyl or urethane coated fabric, or vinyl or urethane sheets shall be limited at all times to an emission rate of 0.45 kg VOC/l, equivalent to 3.8 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1209 Metal Furniture Coating

N.H. Code Admin. R. Ann. Env-A 1209.01 Applicability and Exemptions for Metal Furniture Coating {#sec-env-a-1209.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1209.01}

(a) This part shall apply to:

(1) Any source at which metal furniture coating operations, including related cleaning activities, have combined actual emissions, before controls, during any consecutive 12-month period of 3.0 tons of VOCs or more; and

(2) The emissions from coating preparation application area(s), flash-off area(s), and oven(s) of metal furniture coating lines involved in prime and topcoat or single coating operations.

(b) The following processes shall be exempt from the provisions of Env-A 1209.02:

(1) Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances; and

(2) Stencil coatings, safety-indicating coatings, solid-film lubricants, electric-insulating and thermal-conducting coatings, touch-up and repair coatings, and coating application using hand-held aerosol cans.

(c) Env-A 1209.02 shall apply on and after January 1, 2016 to any source that first becomes subject to this part on June 1, 2011.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1209.02 Compliance Standards for Metal Furniture Coating {#sec-env-a-1209.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1209.02}

Those processes applying any coating, including but not limited to paints, sealants, caulks, inks, adhesives, and maskants, onto metal furniture or parts of metal furniture, including but not limited to tables, benches, chairs, file cabinets, and waste baskets, shall comply with one or more of the following control options:

(a) Subject to (b) and (c), below, control option 1 shall consist of emission limits expressed in terms of mass of VOC per volume of coating as applied, excluding water and exempt compounds, as specified in table 1209-1, below:

Table 1209-1 VOC Emission Rates for Metal Furniture Coating

Coating Type

Baked

Air Dried

kg VOC/l

coating

lb VOC/gal

coating

kg VOC/l

coating

lb VOC/gal

coating

General, One Component

0.275

2.3

0.275

2.3

General, Multi-Component

0.275

2.3

0.340

2.8

Extreme High Gloss

0.360

3.0

0.340

2.8

Extreme Performance

0.360

3.0

0.420

3.5

Heat Resistant

0.360

3.0

0.420

3.5

Metallic

0.420

3.5

0.420

3.5

Pretreatment Coatings

0.420

3.5

0.420

3.5

Solar Absorbent

0.360

3.0

0.420

3.5

(b) If a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply;

(c) Until January 1, 2016, the emission rate for both general, one component and general, multi-component coatings shall be 0.36 kg VOC/l, equivalent to 3.0 lb VOC/gallon, for existing sources;

(d) Subject to (e), below, control option 2 shall:

(1) Be calculated pursuant to Env-A 1205.01; or

(2) Consist of equivalent emission limits expressed in terms of mass of VOC per volume of solids as applied, using an assumed VOC density of 7.36 pounds per gallon, as specified in table 1209-2, below:

Table 1209-2 VOC Emission Rates for Metal Furniture Coating

Assuming VOC density of 7.36 pounds per gallon

Coating Type

Baked

Air Dried

kg VOC/l

solids

lb VOC/gal

solids

kg VOC/l

solids

lb VOC/gal

solids

General, One Component

0.40

3.3

0.40

3.3

General, Multi-Component

0.40

3.3

0.55

4.5

Extreme High Gloss

0.61

5.1

0.55

4.5

Extreme Performance

0.61

5.1

0.80

6.7

Heat Resistant

0.61

5.1

0.80

6.7

Metallic

0.80

6.7

0.80

6.7

Pretreatment Coatings

0.80

6.7

0.80

6.7

Solar Absorbent

0.61

5.1

0.80

6.7

(e) If a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply; and

(f) Control option 3 shall consist of the use of one or more add-on controls capable of achieving an overall VOC control efficiency of 90 percent.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1209.03 Application Methods {#sec-env-a-1209.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1209.03}

for Metal Furniture Coating. A metal furniture coating operation shall use one or more of the following application methods:

(a) Electrostatic application;

(b) High volume-low pressure (HVLP) spray;

(d) Roller coat;

(e) Dip coat, including electrodeposition; or

(f) A coating application method capable of achieving a transfer efficiency equivalent or better than that achieved by HVLP spraying.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1209.04 Work Practices {#sec-env-a-1209.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1209.04}

for Waste Materials from Metal Furniture Coating. A metal furniture coating operation shall control VOC emissions from VOC-containing coatings, thinners, and coatings-related waste materials by using the following work practices:

(a) Storing all VOC-containing coatings, thinners, and coatings-related waste materials in closed containers;

(b) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing coatings, thinners, and coatings-related waste materials;

(d) Conveying VOC-containing coatings, thinners, and coatings-related waste materials from one location to another in closed containers or pipes.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1209.05 Work Practices {#sec-env-a-1209.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1209.05}

for Cleaning Materials Used in Metal Furniture Coating. A metal furniture coating operation shall control VOC emissions from cleaning materials by using the following work practices:

(a) Storing VOC-containing cleaning materials and used shop towels in closed containers;

(b) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing materials;

(d) Conveying VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(e) Minimizing VOC emissions from the cleaning of storage, mixing, and conveying equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1210 Magnetic Wire Insulation Coating

N.H. Code Admin. R. Ann. Env-A 1210.01 Applicability Criteria for Magnetic Wire Insulation Coating {#sec-env-a-1210.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1210.01}

Any source at which magnetic wire insulation coating operations have combined TPEs during any consecutive 12-month period of 10 tons of VOCs or more shall be subject to his part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1210.02 Compliance Standards for Magnetic Wire Insulation Coating {#sec-env-a-1210.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1210.02}

A process applying a coating of electrically insulating varnish or enamel onto copper or aluminum wire or foil shall be limited at all times to an emission rate of 0.20 kg VOC/l, equivalent to 1.7 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1211 Metal Coils Coating

N.H. Code Admin. R. Ann. Env-A 1211.01 Applicability Criteria for Coating of Metal Coils {#sec-env-a-1211.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1211.01}

Any source at which metal coil coating operations have combined TPEs during any consecutive 12-month period of 10 tons of VOCs or more shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1211.02 Compliance Standards for Coating of Metal Coils {#sec-env-a-1211.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1211.02}

A process applying a coating onto a metal coil substrate shall be limited at all times to an emission rate of 0.31 kg VOC/l, equivalent to 2.6 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1212 Miscellaneous Metal and Plastic Parts and Products Coating

N.H. Code Admin. R. Ann. Env-A 1212.01 Applicability {#sec-env-a-1212.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.01}

and Exemptions for Coating of Miscellaneous Metal and Plastic Parts and Products.

(a) Any source at which miscellaneous metal and plastic parts and products coating operations, including related cleaning activities, have combined actual emissions, before controls, during any consecutive 12-month period of 3 tons of VOCs or more shall be subject to sections Env-A 1212.02 through Env-A 1212.07, as applicable.

(b) This part shall apply to:

(1) Any manufacturer of metal or plastic parts and products that surface-coats the products or parts it produces; and

(2) Facilities that perform surface coating of miscellaneous metal and plastic parts on a contract basis.

(c) This part shall apply on and after January 1, 2016 to any miscellaneous metal and plastic parts and products coating operation that first becomes subject to this part on June 1, 2011.

(d) This part shall not apply to the surface coating of a metal product or plastic part that is specifically regulated pursuant to any other part of this chapter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.02 Application Methods for Miscellaneous Metal and Plastic Parts and Products Coating {#sec-env-a-1212.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.02}

(a) Except as provided in (b), below, the owner or operator of a miscellaneous metal and plastic parts and products coating operation shall control VOC emissions by using one or more of the following coating application methods:

(1) High volume-low pressure (HVLP) spray;

(2) Electrostatic spray;

(3) Zinc-arc spray;

(4) Air-assisted airless spray;

(5) Airless spray;

(6) A flow coating technique;

(7) Dip coat, including electrodeposition; or

(8) Any other method with a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

(b) The requirement in (a), above, shall not apply to:

(1) A miscellaneous metal products coating operation when:

a. Applying touchup or repair coatings;

b. Applying textured finishes; or

c. Implementing control option 3 as specified in Env-A 1212.04;

(2) Airbrush operations using 5 gallons or less per year of coating at a miscellaneous plastic parts coating operation; or

(3) A pleasure craft surface coating operation when applying extreme high-gloss coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.03 Work Practice Standards for Miscellaneous Metal and Plastic Parts and Products Coating {#sec-env-a-1212.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.03}

(a) The owner or operator of a miscellaneous metal and plastic parts and products coating operation shall control VOC emissions from VOC-containing coatings, thinners, and coatings-related waste materials by using the following work practices:

(1) Storing all VOC-containing coatings, thinners, and coatings-related waste materials in closed containers;

(2) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing coatings, thinners, and coatings-related waste materials;

(3) Minimizing spills of VOC-containing coatings, thinners, and coatings-related waste materials; and

(4) Conveying VOC-containing coatings, thinners, and coatings-related waste materials from one location to another in closed containers or pipes.

(b) The owner or operator of a miscellaneous metal and plastic parts and products coating operation shall control VOC emissions from cleaning materials by using the following work practices:

(1) Storing VOC-containing cleaning materials and used shop towels in closed containers;

(2) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing materials;

(3) Minimizing spills of VOC-containing cleaning materials;

(4) Conveying VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(5) Minimizing VOC emissions from the cleaning of storage, mixing, and conveying equipment by ensuring that:

a. Cleaning solvents are not atomized; and

b. All spent solvent is captured in closed containers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.04 VOC Limits for Miscellaneous Metal Parts and Products Coating {#sec-env-a-1212.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.04}

Except as specified in Env-A 1212.05, the owner or operator of a miscellaneous metal parts and products coating operation subject to this part shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

(a) Subject to (b), below, control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-1, below:

Table 1212-1: VOC Content Limits Based on Low-VOC Coatings

Coating Category

Air Dried

Baked

kg VOC/l coating

lb VOC/gal

coating

kg VOC/l coating

lb VOC/gal coating

General, One-Component

0.34

2.8

0.28

2.3

General, Multi-Component

0.34

2.8

0.28

2.3

Camouflage

0.42

3.5

0.42

3.5

Electric-Insulating Varnish

0.42

3.5

0.42

3.5

Etching Filler

0.42

3.5

0.42

3.5

Extreme High-Gloss

0.42

3.5

0.36

3.0

Extreme Performance

0.42

3.5

0.36

3.0

Heat-Resistant

0.42

3.5

0.36

3.0

High Performance Architectural

0.74

6.2

0.74

6.2

High Temperature

0.42

3.5

0.42

3.5

Metallic

0.42

3.5

0.42

3.5

Military Specification

0.34

2.8

0.28

2.3

Mold-Seal

0.42

3.5

0.42

3.5

Pan-Backing

0.42

3.5

0.42

3.5

Prefabricated Architectural Multi-Component

0.42

3.5

0.28

2.3

Prefabricated Architectural One-Component

0.42

3.5

0.28

2.3

Pretreatment Coatings

0.42

3.5

0.42

3.5

Repair and Touch Up

0.42

3.5

0.36

3.0

Silicone-Release

0.42

3.5

0.42

3.5

Solar-Absorbent

0.42

3.5

0.36

3.0

Vacuum-Metalizing

0.42

3.5

0.42

3.5

Drum Coating, New, Exterior

0.34

2.8

0.34

2.8

Drum Coating, New, Interior

0.42

3.5

0.42

3.5

Drum Coating, Reconditioned, Exterior

0.42

3.5

0.42

3.5

Drum Coating, Reconditioned, Interior

0.50

4.2

0.50

4.2

(b) Until January 1, 2016, the content limit for the following coatings shall be as specified:

(1) For air-dried general, one component and general, multi-component coatings, 0.42 kg VOC/l, equivalent to 3.5 lb VOC/gallon; and

(2) For baked general, one component and general, multi-component coatings shall be 0.36 kg VOC/l, equivalent to 3.0 lb VOC/gallon;

(c) Control option 2 shall consist of using a combination of low-VOC content coatings and one or more add-on controls to meet the limits calculated pursuant to Env-A 1205.01 or specified in table 1212-2, below:

Table 1212-2 VOC Content Limits Per Volume Solids

Coating Category

Air Dried

Baked

kg VOC/l solids

lb VOC/gal solids

kg VOC/l solids

lb VOC/gal solids

General, One-Component

0.54

4.52

0.40

3.35

General, Multi-Component

0.54

4.52

0.40

3.35

Camouflage

0.80

6.67

0.80

6.67

Electric-Insulating Varnish

0.80

6.67

0.80

6.67

Etching Filler

0.80

6.67

0.80

6.67

Extreme High-Gloss

0.80

6.67

0.61

5.06

Extreme Performance

0.80

6.67

0.61

5.06

Heat-Resistant

0.80

6.67

0.61

5.06

High Performance Architectural

4.56

38.0

4.56

38.0

High Temperature

0.80

6.67

0.80

6.67

Metallic

0.80

6.67

0.80

6.67

Military Specification

0.54

4.52

0.40

3.35

Mold-Seal

0.80

6.67

0.80

6.67

Pan Backing

0.80

6.67

0.80

6.67

Prefabricated Architectural Multi-Component

0.80

6.67

0.40

3.35

Prefabricated Architectural One-Component

0.80

6.67

0.40

3.35

Pretreatment Coatings

0.80

6.67

0.80

6.67

Silicone Release

0.80

6.67

0.80

6.67

Solar-Absorbent

0.80

6.67

0.61

5.06

Vacuum-Metalizing

0.80

6.67

0.80

6.67

Drum Coating, New, Exterior

0.54

4.52

0.54

4.52

Drum Coating, New, Interior

0.80

6.67

0.80

6.67

Drum Coating, Reconditioned, Exterior

0.80

6.67

0.80

6.67

Drum Coating, Reconditioned, Interior

1.17

9.78

1.17

9.78

(d) Control option 3 shall consist of the use of one or more add-on controls capable of achieving an overall VOC capture and control efficiency of 90 percent.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; amd by #10145, eff 6-19-12; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.05 Exceptions to Env-A 1212.04 {#sec-env-a-1212.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.05}

The VOC limits specified in Env-A 1212.04 shall not apply to the following types of coatings and coating operations:

(a) Stencil coatings;

(b) Safety-indicating coatings;

(d) Electric-insulating and thermal-conducting coatings;

(e) Magnetic data storage disk coatings; and

(f) Plastic extruded onto metal parts to form a coating.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.06 VOC Limits for Miscellaneous Plastic Parts and Products Coating {#sec-env-a-1212.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.06}

(a) Except as specified in (b), below, the owner or operator of a miscellaneous plastic parts and products coating operation shall control VOC emissions by one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

(1) Control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-3, below:

Table 1212-3 VOC Content Limits Based on Low-VOC Coatings

Coating Category

kg VOC/l coating

lb VOC/gal coating

General, One-Component

0.28

2.3

General, Multi-Component

0.42

3.5

Electric Dissipating Coatings and Shock-Free Coatings

0.80

6.7

Extreme Performance

0.42

(2-pack coatings)

3.5

(2-pack coatings)

Metallic

0.42

3.5

Military Specification

0.34 (1 pack)

0.42 (2 pack)

2.8 (1 pack)

3.5 (2 pack)

Mold-Seal

0.76

6.3

Multi-Colored Coatings

0.68

5.7

Optical Coatings

0.80

6.7

Vacuum-Metalizing

0.80

6.7

(2) Control option 2 shall consist of the use of one or more add-on controls capable of achieving an overall VOC control efficiency of 90 percent; or

(3) Control option 3 shall consist of using a combination of low-VOC content coatings and one or more add-on controls to meet the limits calculated pursuant to Env-A 1205.01 or specified in table 1212-4, below:

Table 1212-4 VOC Content Limits Per Volume Solids

Coating Category

kg VOC/l solids

lb VOC/gal solids

General, One-Component

0.40

3.35

General, Multi-Component

0.80

6.67

Electric Dissipating Coatings and Shock-Free Coatings

8.96

74.7

Extreme Performance

0.80

(2-pack coatings)

6.67

(2-pack coatings)

Metallic

0.80

6.67

Military Specification

0.54 (1 pack)

0.80 (2 pack)

4.52 (1 pack)

6.67 (2 pack)

Mold-Seal

5.24

43.7

Multi-Colored Coatings

3.04

25.3

Optical Coatings

8.96

74.7

Vacuum-Metalizing

8.96

74.7

(b) The VOC limits specified in (a), above, shall not apply to the following types of coatings and coating operations:

(1) Touch-up and repair coatings;

(2) Stencil coatings applied on clear or translucent substrates;

(3) Clear or translucent coatings;

(4) Coatings applied at a paint manufacturing facility while conducting performance tests on the coatings;

(5) Any individual coating category used in volumes less than 50 gallons in any one year, if substitute compliant coatings are not available, provided that the total usage of all such coatings does not exceed 200 gallons per year, per facility;

(6) Reflective coating applied to highway cones;

(7) Mask coatings that are less than 0.5 millimeter thick when dried and the area coated is less than 25 square inches;

(8) EMI/RFI shielding coatings; and

(9) Heparin-benzalkonium chloride (HBAC)-containing coatings applied to medical devices, provided that the total usage of all such coatings does not exceed 100 gallons per year, per facility.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.07 VOC Limits for Automotive/Transportation and Business Machine Plastic Part Coating {#sec-env-a-1212.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.07}

(a) Except as specified in (b) and (c), below, the owner or operator of an automotive/ transportation or business machine plastic part coating operation subject to this section shall control VOC emissions by using one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

(1) Control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-5, below:

Table 1212-5 VOC Content Limits Based on Low-VOC Coatings

Coating Category

kg VOC/l coating

lb VOC/gal coating

Automotive/Transportation Coatings

I. High Bake Coatings – Interior and Exterior Parts

Flexible Primer

0.54

4.5

Non-Flexible Primer

0.42

3.5

Basecoat

0.52

4.3

Clear Coat

0.48

4.0

Non-Basecoat/Clear Coat

0.52

4.3

II. Low Bake/Air Dried Coatings – Exterior Parts

Primers

0.58

4.8

Basecoat

0.60

5.0

Clear Coat

0.54

4.5

Non-Basecoat/Clear Coat

0.60

5.0

III. Low Bake/Air Dried Coatings – Interior Parts

0.60

5.0

IV. Touchup and Repair Coatings

0.62

5.2

Business Machine Coatings

I. Primers

0.35

2.9

II. Topcoat

0.35

2.9

III. Texture Coat

0.35

2.9

IV. Fog Coat

0.26

2.2

V. Touchup and Repair

0.35

2.9

(2) Control option 2 shall consist of the use of one or more add-on controls capable of achieving an overall VOC control efficiency of 90 percent; or

Table 1212-6 VOC Content Limits Per Volume Solids

Coating Category

kg VOC/l solids

lb VOC/gal solids

Automotive/Transportation Coatings

I. High Bake Coatings – Interior and Exterior Parts

Flexible Primer

1.39

11.58

Non-Flexible Primer

0.80

6.67

Basecoat

1.24

10.34

Clear Coat

1.05

8.76

Non-Basecoat/Clear Coat

1.24

10.34

II. Low Bake/Air Dried Coatings – Exterior Parts

Primers

1.66

13.80

Basecoat

1.87

15.59

Clearcoat

1.39

11.58

Non-Basecoat/Clear Coat

1.87

15.59

III. Low Bake/Air Dried Coatings – Interior Parts

1.87

15.59

IV. Touchup and Repair Coatings

2.13

17.72

Business Machine Coatings

I. Primers

0.57

4.80

II. Topcoat

0.57

4.80

III. Texture Coat

0.57

4.80

IV. Fog Coat

0.38

3.14

V. Touchup and Repair

0.57

4.80

(b) For red, yellow, and black automotive/transportation coatings other than touch up and repair coatings, the limit shall be determined by multiplying the appropriate limit in table 1212-5 or 1212-6, as applicable, by 1.15; and

(1) Texture coatings;

(2) Vacuum-metalizing coatings;

(3) Gloss reducers;

(4) Texture topcoats;

(5) Adhesion primers;

(6) Electrostatic preparation coatings;

(7) Resist coatings; and

(8) Stencil coatings.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.08 VOC Limits {#sec-env-a-1212.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.08}

for Pleasure Craft Surface Coating. The owner or operator of a pleasure craft surface coating operation subject to this part shall control VOC emissions by using one of the following control options, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

(a) Control option 1 shall consist of the use of low-VOC content coatings as applied, excluding water and exempt compounds, as specified in table 1212-7, below:

Table 1212-7 VOC Content Limits Based on Low-VOC Coatings

Coating Category

kg VOC/l coating

lb VOC/gal coating

Extreme High-Gloss Topcoat

0.60

5.1

High-Gloss Topcoat

0.42

3.5

Pretreatment Wash Primer

0.78

6.5

Finish Primer/Surfacer

0.42

3.5

High Build Primer Surfacer

0.34

2.8

Aluminum Substrate Antifoulant Coating

0.56

4.7

Antifouling Sealer/Tie Coating

0.42

3.5

Other Substrate Antifoulant Coating

0.40

3.3

All Other Pleasure Craft Surface Coatings for Metal or Plastic

0.42

3.5

(b) Control option 2 shall consist of using a combination of low-VOC content coatings and one or more add-on controls to meet the limits calculated pursuant to Env-A 1205.01 or specified in table 1212-8, below:

Table 1212-8 VOC Content Limits Per Volume Solids

Coating Category

kg VOC/l solids

lb VOC/gal solids

Extreme High-Gloss Topcoat

1.10

9.2

High-Gloss Topcoat

0.80

6.7

Pretreatment Wash Primers

6.67

55.6

Finish Primer/Surfacer

0.80

6.7

High Build Primer Surface

0.55

4.6

Aluminum Substrate Antifoulant Coating

1.53

12.8

Other Substrate Antifoulant Coating

0.53

4.4

All other pleasure craft surface coatings for metal or plastic

0.80

6.7

(c) Control option 3 shall consist of the use of one or more add-on controls capable of achieving an overall VOC control efficiency of 90 percent.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1212.09 VOC Limits for Motor Vehicle Materials {#sec-env-a-1212.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1212.09}

The owner or operator of a coating operation subject to this part, located at a facility that is not an automobile or light-duty truck assembly coating facility, shall control VOC emissions by using motor vehicle coatings as applied, excluding water and exempt compounds, that do not exceed the VOC limits specified in table 1212-9, below, provided that if a specific coating is subject to more than one emission limit, the least stringent emission limit shall apply:

Table 1212-9 VOC Content Limits Based on Low-VOC Coatings

Coating Category

kg VOC/l coating

lb VOC/gal coating

Motor vehicle cavity wax

0.65

5.4

Motor vehicle sealer

0.65

5.4

Motor vehicle deadener

0.65

5.4

Motor vehicle gasket/gasket sealing material

0.20

1.7

Motor vehicle underbody coating

0.65

5.4

Motor vehicle trunk interior coating

0.65

5.4

Motor vehicle bedliner

0.20

1.7

Motor vehicle lubricating wax/compound

0.70

5.8

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1213 Wood Furniture, Burial Caskets, and Gunstock Coating

N.H. Code Admin. R. Ann. Env-A 1213.01 Applicability Criteria for the Coating of Wood Furniture, Burial Caskets, and Gunstock {#sec-env-a-1213.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.01}

The following sources shall be subject to this part:

(a) Any source at which wood furniture coating and finishing operations, including related cleaning activities, have combined TPEs during any consecutive 12-month period of 25 tons of VOCs or more;

(b) Any source at which wood burial casket coating and finishing operations, including related cleaning activities, have combined TPEs during any consecutive 12-month period of 50 tons of VOCs or more; and

(c) Any source at which gunstock coating and finishing operations, including related cleaning activities, have combined TPEs during any consecutive 12-month period of 50 tons of VOCs or more.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.02 RACT Emission Rates for Wood Furniture and Burial Casket Finishing Operations {#sec-env-a-1213.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.02}

(a) Except as specified in (b), below, a wood furniture or burial casket finishing operation, shall be limited at all times to the VOC RACT emission rates specified below:

(1) Using a topcoat with a VOC content no greater than 0.8 kg VOC/kg solids, equivalent to 0.8 lb VOC/lb solids, as applied; or

(2) Using a finishing system of topcoats and sealers with a VOC content no greater than the limits specified below:

a. For topcoats, 1.8 kg VOC/kg solids, equivalent to 1.8 lb VOC/lb solids, as applied; and

b. For sealers, 1.9 kg VOC/kg solids, equivalent to 1.9 lb VOC/lb solids, as applied.

(b) A wood furniture finishing operation using either acid-cured alkyd amino vinyl sealers or acid-cured alkyd amino conversion varnish topcoats shall be limited at all times to the VOC RACT emission rates specified below:

(1) Using a finishing system of topcoats and sealers consisting exclusively of acid-cured alkyd amino vinyl sealers and acid-cured alkyd amino conversion varnish topcoats with a VOC content no greater than the following:

a. For the sealers, 2.3 kg VOC/kg solids, equivalent to 2.3 lb VOC/lb solids, as applied; and

b. For the topcoats, 2.0 kg VOC/kg solids, equivalent to 2.0 lb VOC/lb solids, as applied;

(2) Using a finishing system of topcoats and sealers consisting of acid-cured alkyd amino conversion varnish topcoats and sealers other than acid-cured alkyd amino vinyl sealers with a VOC content no greater than the limits specified below:

a. For the sealers, 1.9 kg VOC/kg solids, equivalent to 1.9 lb VOC/lb solids, as applied; and

b. For the topcoats, 2.0 kg VOC/kg solids, equivalent to 2.0 lb VOC/lb solids, as applied; or

(3) Using a finishing system of topcoats and sealers consisting of acid-cured alkyd amino vinyl sealers and topcoats other than acid-cured alkyd amino conversion varnish topcoats with a VOC content no greater than the limits specified below:

a. For the sealers, 2.3 kg VOC/kg solids, equivalent to 2.3 lb VOC/lb solids, as applied; and

b. For the topcoats, 1.8 kg VOC/kg solids, equivalent to 1.8 lb VOC/lb solids, as applied.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.03 RACT Emission Rates for Gunstock Coating {#sec-env-a-1213.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.03}

Those processes applying a protective, decorative, or functional coating onto the wood surfaces of gunstock shall be limited at all times to using a finishing system of topcoats and sealers with a VOC content no greater than the limits specified below:

(a) For topcoats, 2.0 kg VOC/kg solids, equivalent to 2.0 lb VOC/lb solids, as applied, averaged over any 24-hour period; and

(b) For sealers, 2.3 kg VOC/kg solids, equivalent to 2.3 lb VOC/lb solids, as applied, averaged over any 24-hour period.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.04 VOC Content Limits for Spray Booth Cleaning Operations in Wood Furniture, Wood Burial Casket Finishing Operations and Gunstock Coating Processes {#sec-env-a-1213.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.04}

(a) The VOC content or amount of organic solvents and strippable booth coatings associated with a spray booth cleaning operation for a spray booth used in a wood furniture or wood burial casket finishing operation or gunstock coating process shall not, at any time, exceed the following limits:

(1) For organic solvents used to clean spray booth components other than conveyors, continuous coaters and their enclosures, or metal filters of spray booths that are not being refurbished, 8.0% by weight of VOC;

(2) For organic solvents used to clean a spray booth that is being refurbished, 1.0 gallon of organic solvent; and

(3) For strippable booth coatings, 0.8 kg VOC/kg solids, equivalent to 0.8 lb VOC/lb solids, as applied.

(b) In addition to the requirements of (a), above, VOC emissions associated with materials storage or solvent cleaning operations applicable to wood furniture or burial casket finishing operations, or gunstock coating, shall be controlled as follows:

(1) All finishing and cleaning materials shall be stored in a normally closed container;

(2) All organic solvent used for line cleaning shall be pumped or drained into a normally closed container;

(3) All organic solvent used to clean spray guns shall be collected into a normally closed container; and

(4) Emissions from washoff operations shall be controlled by:

a. Using normally closed containers for washoff; and

b. Minimizing dripping by tilting or rotating the part to drain as much organic solvent as possible.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.05 Control Techniques for Wood Furniture, Wood Burial Casket, and Gunstock Coating Facilities {#sec-env-a-1213.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.05}

(a) For a wood furniture, wood burial casket, or gunstock coating operation, one or more of the following control techniques shall be used:

(1) High volume-low pressure (HVLP) spray;

(2) Airless spray;

(3) Air-assisted airless spray;

(4) Flow coating techniques; or

(5) Conventional air spray under any one or more of the following circumstances:

a. The finishing materials have a VOC content not greater than 1.0 kg VOC/kg solids, equivalent to 1.0 lb VOC/lb solids, as applied;

b. The spray is automated;

c. The emissions from the finishing application station are directed to add-on control equipment;

d. The conventional air spray gun is used to apply finishing materials and the cumulative total usage of that finishing material is less than 5.0% of the total gallons of finishing material used during the applicable semi-annual reporting period;

e. The conventional air gun is used to apply stain on a part for which it is technically or economically infeasible to use any other spray application technology, as demonstrated in accordance with the provisions of (b), below; or

f. Touch-up and repair activities are conducted in accordance with the provisions of Env-A 1213.06.

(b) Any source intending to use conventional air spray pursuant to (a)(5)e., above, shall demonstrate technical or economic infeasibility by submitting to the department a videotape, a technical report, or other documentation that supports the affected source's claim of technical or economic feasibility, to be determined in accordance with (c), below.

(c) The following criteria shall be used, either independently or in combination, to support the affected source's claim of technical or economic infeasibility pursuant to (b), above:

(1) The production speed is too high or the part shape is too complex for a single operator to coat the part and the application station is not large enough to accommodate an additional operator; or

(2) The excessively large vertical spray area of the part makes it difficult to avoid runs in the stain or sagging of the part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.06 Compliance Standards for Touch-Up and Repair Activities at Wood Furniture, Wood Burial Casket, and Gunstock Coating Facilities {#sec-env-a-1213.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.06}

Touch-up and repair activities, excluding such activities that employ only compliant coating materials and one or more of the application techniques listed in Env-A 1213.05(a), shall conform to the following requirements:

(a) Touch-up and repair activities using conventional air spray shall conform to one or more of the following requirements:

(1) The touch-up and repair finishing materials shall be applied after the completion of the finishing operation; or

(2) The touch-up and repair finishing materials shall be:

a. Applied after the application of the stain and prior to the application of any other types of finishing material; and

b. Applied from a container with a capacity of not more than 2 gallons;

(b) Total VOC consumption associated with touch-up and repair activities using conventional air spray shall not exceed 5 gallons per day at a stationary source; and

(c) Consumption of touch-up and repair finishing materials shall not exceed 10 gallons per day where such activities employ:

(1) The use of aerosol containers; or

(2) One or more non-compliant coating materials in conjunction with any of the application techniques listed in Env-A 1213.05(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.07 Training Requirements for Wood Furniture Coating Operations {#sec-env-a-1213.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.07}

(a) Owners or operators of RACT-applicable wood furniture coating sources shall:

(1) Prepare an initial training course and an annual refresher course as specified in (b), below; and

(2) Present the training courses to all source personnel, including contract personnel, who are directly involved in the implementation of this part.

(b) The personnel training courses shall consist of the following elements:

(1) A list of all personnel, including contract personnel, who are required to attend the courses, by name and job description;

(2) An outline of the subjects to be covered, for each individual or group of personnel, in the initial training course and each refresher course;

(3) Lesson plans for the initial training course and each refresher course that include, at a minimum:

a. Application techniques;

b. Cleaning procedures, including appropriate management of cleanup wastes; and

c. Appropriate equipment assembly and adjustment to minimize coating and finishing material usage and overspray;

(4) A description of the personnel examination methods to be used at the completion of the initial and refresher training to demonstrate and document successful completion; and

(5) Any additional information deemed necessary by the owner or operator to ensure that personnel understand the requirements of this part and how to comply with them.

(c) The source owner or operator shall maintain at the source a copy of all course materials developed pursuant to (b), above.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.08 Leak Inspection and Maintenance Plan for Wood Furniture Coating Sources {#sec-env-a-1213.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.08}

Each owner or operator of a wood furniture coating source shall prepare, maintain, and implement a leak inspection and maintenance plan that contains the following:

(a) A minimum visual inspection frequency of once per month for all equipment used to transfer or apply finishing materials or organic solvents;

(b) An inspection schedule;

(c) Methods for documenting the date and results of each inspection and any repairs that were made and any maintenance that was performed; and

(d) The timeframe between identifying a leak and repairing the leak, in accordance with the following schedule:

(1) The first repair attempt, such as tightening of packing glands, shall be made no later than 5 working days after the leak is initially detected; and

(2) Final repairs shall be made within the following time periods:

a. If the leaking equipment is to be replaced by a new purchase, not later than 90 calendar days after initial leak detection; or

b. If the leaking equipment is not to be replaced by a new purchase, not later than 15 working days after initial leak detection.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.09 Accounting Form Requirements for Wood Furniture Coating Sources {#sec-env-a-1213.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.09}

Each owner or operator of a wood furniture coating source shall develop an organic solvent accounting form to record the following for each calendar month:

(a) The quantity and type of organic solvent used for washoff and cleaning;

(b) The number of pieces washed off, and the reason for the washoff; and

(c) The quantity of spent organic solvent generated from each activity and the quantity of said solvent that is recycled on-site or disposed off-site.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.10 Alternatives to Requirements for Wood Furniture, Wood Burial Casket, and Gunstock Coating and Finishing Operations {#sec-env-a-1213.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.10}

As an alternative to the applicable emission rate limits, technological controls, operation and maintenance controls, and work practice standards specified in Env-A 1213.02 through Env-A 1213.09, as applicable, wood furniture, wood burial casket, or gunstock coating and finishing operations meeting the applicability criteria of Env-A 1213.01 may implement one or more of the following methods:

(a) Install and use an add-on control system that results in emissions to the atmosphere that do not numerically exceed the applicable VOC content limits, validated by the procedure described in Env-A 1213.11;

(b) Meet either a coatings-based or solids-based modified emission rate or VOC content limit as approved by the director and EPA in accordance with the RACT order provisions in Env-A 1205.03 through Env-A 1205.06 in the event that the source owner or operator demonstrates that, because of technological or economic reasons, the source owner or operator cannot meet one or more of the following:

(1) The applicable specified emission rate limit(s) in Env-A 1213.02 or Env-A 1213.03; or

(2) The applicable VOC content limit prescribed in Env-A 1213.04(a); or

(c) Comply with one or more modified control techniques approved by the director and EPA in accordance with the RACT order provisions in Env-A 1205.03 and Env-A 1205.06 in the event that the source owner or operator demonstrates that the applicable specified control technique in Env-A 1213.04(b), Env-A 1213.05, Env-A 1213.06, Env-A 1213.07, Env-A 1213.08, or Env-A 1213.09 cannot be met because of technological or economic reasons.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1213.11 Validation Procedure for An Alternative Add-On Control System {#sec-env-a-1213.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1213.11}

A source selecting an alternative compliance technique pursuant to Env-A 1213.10(a) shall demonstrate, in accordance with the procedures of Env-A 804.09, that the overall percentage reduction achieved by the add-on control system equals or exceeds the percentage reduction required to meet the applicable VOC content limit.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1214 Flat Wood Paneling Coatings

N.H. Code Admin. R. Ann. Env-A 1214.01 Applicability Criteria for Flat Wood Paneling Coatings {#sec-env-a-1214.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1214.01}

A source whose flat wood paneling coatings operation, has combined actual emissions, before controls, during any consecutive 12-month period of 3 tons of VOCs or more shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1214.02 Compliance Standards for Flat Wood Paneling Coatings {#sec-env-a-1214.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1214.02}

The owner or operator of a source subject to this part shall limit VOC emissions on and after January 1, 2016 to one of the following standards:

(a) An overall control efficiency of 90 percent when using an add-on control device;

(b) An emission limit of 2.9 pounds of VOC per gallon of solids, equivalent to 350 grams of VOC per liter of solids; or

(c) An emission limit of 2.1 pounds of VOC per gallon of material, equivalent to 250 grams of VOC per liter of material, excluding water and exempt compounds.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1214.03 Work Practices for Flat Wood Paneling Coatings {#sec-env-a-1214.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1214.03}

The owner or operator of a source subject to this part shall control VOC emissions from VOC-containing coatings, thinners, cleaning materials, and coatings-related waste materials by using the following work practices:

(a) Storing all VOC-containing coatings, thinners, and cleaning materials in closed containers;

(b) Keeping mixing and storage containers closed at all times except when depositing or removing VOC-containing coatings, thinners, and coatings-related waste materials;

(c) Minimizing and immediately cleaning up spills of VOC-containing coatings, thinners, and coatings-related waste materials;

(d) Conveying VOC-containing coatings, thinners, and cleaning materials from one location to another in closed containers or pipes; and

(e) Minimizing emissions of VOC during cleaning of storage, mixing, and conveying equipment.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1215 Rotogravure and Flexographic Printing

N.H. Code Admin. R. Ann. Env-A 1215.01 Applicability Criteria for {#sec-env-a-1215.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.01}

Rotogravure and Flexographic Printing. Except for flexible-packaging printing, a source whose rotogravure or flexographic printing operations have combined TPEs during any consecutive 12-month period which equal or exceed 50 tons of VOCs shall be subject to the provisions of sections Env-A 1215.02 through Env-A 1215.04.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.02 VOC Content Standards for {#sec-env-a-1215.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.02}

Rotogravure and Flexographic Printing. Except as provided in Env-A 1215.03, those processes using packaging rotogravure, publication rotogravure, or flexographic printing shall be subject to one of the following:

(a) Each ink, as it is applied to the substrate, less water and non-volatile organic compounds, shall contain no more than 40% by volume of VOCs;

(b) The volatile fraction of each ink, as it is applied to the substrate, shall contain no more than 25% by volume of VOCs and at least 75% by volume of water and non-volatile organic compounds; or

(c) For packaging rotogravure and flexographic printing only, each ink, as it is applied to the substrate, shall have a VOC content that is less than or equal to 0.5 kg VOC/kg, equivalent to 0.5 lb VOC/lb, coating solids.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.03 Control Equipment Standards for {#sec-env-a-1215.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.03}

Rotogravure and Flexographic Printing. In lieu of the requirements in Env-A 1215.02, the owner or operator of such processes shall install and operate one of the following:

(a) A carbon adsorption system which reduces the rate of VOC emissions delivered from the capture system to the control equipment by at least 90% by weight over the adsorption cycle or 24 hours, whichever is less; or

(b) Incineration control equipment which reduces the rate of VOC emissions delivered from the capture system to the incineration inlet by at least 90% by weight.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.04 Capture System Standards for {#sec-env-a-1215.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.04}

Rotogravure and Flexographic Printing.

(a) A capture system shall be used in conjunction with the emission control system selected pursuant to Env-A 1215.03 and subject to the requirements of (b), below.

(b) The design and operation of a capture system installed pursuant to (a), above, shall provide for an overall reduction in VOC emissions from each printing press of:

(1) At least 75% where a publication rotogravure process is employed;

(2) At least 65% where a packaging rotogravure process is employed; or

(3) At least 60% where a flexographic printing process is employed.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.05 Applicability Criteria for Flexible-Packaging Printing {#sec-env-a-1215.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.05}

A source whose flexible-packaging printing operations have, including related cleaning activities, combined actual emissions, before controls, during any consecutive 12-month period which equal or exceed 3 tons of VOCs shall be subject to the provisions of sections Env-A 1215.06 and Env-A 1215.07.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.06 Compliance Standards for Flexible-Packaging Printing {#sec-env-a-1215.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.06}

On and after January 1, 2016, the owner or operator of an individual flexible-packaging printing press with a TPE of 25 tons or more per year of VOCs from inks, coatings, and adhesives combined, shall comply with one of the following control options:

(a) Control option 1 shall consist of the use of low-VOC content materials or a combination of low-VOC content materials and add-on controls so as to comply with one of the following equivalent VOC content limits:

(1) 0.8 kg VOC/kg solids applied; or

(2) 0.16 kg VOC/kg materials applied;

(b) Control option 2 shall consist of averaging the VOC content of materials used on a single press within one line; or

(c) Control option 3 shall consist of the use of one or more add-on controls capable of achieving an overall VOC control efficiency, as specified in table 1215-1, below:

Table 1215-1 Overall VOC Control Efficiency

Press First Installed →

Add-on control device first installed ↓

Prior To March 14, 1995

On or After March 14, 1995

Prior to June 1, 2011

65%

75%

On or after June 1, 2011

70%

80%

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1215.07 Work Practice Standards for Flexible-Packaging Printing {#sec-env-a-1215.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1215.07}

The owner or operator of a flexible-packaging printing operation shall control VOC emissions from cleaning materials by using the following work practices:

(a) Storing VOC-containing cleaning materials and used shop towels in closed containers; and

(b) Conveying VOC-containing cleaning materials from one location to another in closed containers or pipes.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1216 Offset Lithographic and Letterpress Printing

N.H. Code Admin. R. Ann. Env-A 1216.01 Applicability Criteria for Offset Lithographic and Letterpress Printing {#sec-env-a-1216.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1216.01}

(a) This part shall apply to any offset lithographic or letterpress printing operation, including related cleaning activities:

(1) Whose combined actual emissions, before controls, during any consecutive 12-month period equal or exceed 3 tons of VOCs;

(2) For a non-heatset printing operation, whose total volume of cleaning solution, fountain solution additives, and alcohol substitutes, purchased or used in any 30-day rolling period is greater than 64 gallons per month, or equivalently, 768 gallons in any 12-month rolling period; or

(3) For a heatset printing operation, whose total weight of heatset inks, cleaning solution, alcohol, and fountain solution additives purchased or used in any 30-day rolling period is greater than 450 pounds per month, or equivalently, 5400 pounds per 12-month rolling period.

(b) The provisions of Env-A 1216.03(a) shall apply on and after January 1, 2016 to any offset lithographic or letterpress printing operation that first becomes subject to this part on June 1, 2011.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1216.02 Cleaning Material Control Requirements for Offset Lithographic and Letterpress Printing {#sec-env-a-1216.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1216.02}

The owner or operator of an offset lithographic printing press or letterpress shall comply with the cleaning material control requirements described below:

(a) Except for 110 gallons per consecutive 12-month period, blanket and ink roller washes, plate cleaners, metering roller cleaners, impression cylinder cleaners, rubber rejuvenators, and other cleaners used for cleaning a press, press parts, or to remove dried ink from areas around a press, shall not exceed the following VOC RACT limits:

(1) VOC content of less than 70.0% by weight, as applied; or

(2) VOC content of 0.9 kg/liter, equivalent to 7.43 lb/gallon, of cleaning solution, as applied, with a VOC composite vapor pressure of not more than 10 mm Hg, equivalent to 0.19 psi, at 20C, equivalent to 68F; and

(b) All cleaning materials and soiled towels used for manual cleaning shall be kept in closed containers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1216.03 Emission Standards for Offset Lithographic and Letterpress Printing {#sec-env-a-1216.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1216.03}

(a) Except as provided in (b), below, the owner or operator of an individual press with a TPE from the dryer of at least 25 tons per consecutive 12-month period, shall comply with one of the following control options:

(1) Control option 1 shall consist of the use of an add-on control with an overall control efficiency of at least 90.0%, by weight, for a dryer whose first installation date was prior to the 2011 effective date of this rule;

(2) Control option 2 shall consist of the use of an add-on control with an overall control efficiency of at least 95%, by weight, for a dryer whose first installation date was on or after the 2011 effective date of this rule; or

(3) Control option 3 shall consist of the use of an add-on control to reduce the outlet VOC concentration to less than or equal to 20 parts per million (ppm), by volume, as hexane on a dry basis, prior to dilution, where there is no identifiable measurable inlet, or the inlet VOC concentration is so low that the applicable control efficiency in either (1) or (2), above, can not be achieved.

(b) The following heatset ink presses shall be exempt from the requirements of (a), above:

(1) Book printing; and

(2) Presses with a maximum web width of 22 inches.

(c) The fountain solution used in a heatset web offset lithographic printing press shall be limited to one of the following:

(1) VOC content of 1.6% or less, by weight;

(2) VOC content of 3.0% or less, by weight, if the fountain solution is refrigerated to a temperature below 16C, equivalent to 60F; or

(3) VOC content of 5.0% or less, by weight, if the fountain solution contains no alcohol.

(d) The fountain solution used in a sheet-fed offset lithographic printing press shall be limited to either of the following:

(1) VOC content of 5.0% or less, by weight; or

(2) VOC content of 8.5% or less, by weight, if the fountain solution is refrigerated to a temperature below 16C, equivalent to 60F.

(e) The fountain solution used in a non-heatset web-fed offset lithographic printing process, including both newspaper and non-newspaper facilities, shall contain no alcohol and the concentration of total VOCs shall not exceed 5.0%, by weight, in the final solution.

(f) The control requirements for fountain solution in (c), (d), and (e), above, shall not be applied to sheet-fed presses with a maximum sheet size of 11 by 17 inches or smaller, or to any press with a total fountain solution reservoir of less than one gallon.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1216.04 Recordkeeping {#sec-env-a-1216.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1216.04}

(a) Any source subject to this part shall keep records in accordance with Env-A 900.

(b) To prove that a source is not subject to this part, the owner or operator shall maintain for 5 years monthly purchase records and Material Safety Data Sheets for each process chemical, as used to comply with the Occupational Safety and Health Administration’s hazard communication standard at 29 CFR 1910.1200.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1217 Vol Storage and Transfer

N.H. Code Admin. R. Ann. Env-A 1217.01 Applicability Criteria for Fixed-Roof Tank VOL Storage {#sec-env-a-1217.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.01}

(a) Env-A 1217.02 shall not apply to the following vertical fixed-roof VOL storage tanks:

(1) Any such tank having a storage capacity between 150,000 and 1,600,000 liters (equivalent to between 40,000 and 420,000 gallons), which is used to store produced crude oil and condensate prior to lease custody transfer; and

(2) Any such tank used to store a VOL with a maximum true vapor pressure of less than 10.5 kPa (equivalent to 1.52 pounds per square inch atmospheric (psia)) under actual storage conditions, as verified by records maintained consistent with the provisions of Env-A 900.

(b) Except as provided in (a), above, Env-A 1217.02 shall apply to any vertical fixed-roof VOL storage tank with a storage capacity greater than 150,000 liters, equivalent to 40,000 gallons.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.02 Control Techniques for Fixed-Roof Tank VOL Storage {#sec-env-a-1217.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.02}

An above-ground, vertical, fixed roof tank meeting the applicability criteria of Env-A 1217.01 shall use the following control techniques:

(a) The tank shall be retrofitted with an internal floating roof equipped with a closure seal, or seals, to close the space between the roof edge and tank wall;

(b) Closure seals shall be maintained such that there are no visible holes, tears, or other openings in the seal(s) or any seal fabric or materials;

(c) All openings, except stub drains, shall be equipped with covers, seals, or lids that are kept closed at all times except when in actual use;

(d) Automatic bleeder vents shall remain closed at all times except when the roof is floated off or being landed on the roof leg supports;

(e) Rim vents, if provided, shall be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting;

(f) For a tank equipped with a single-seal system, visual inspections shall be conducted:

(1) Of the internal floating roof and its closure seal(s) through roof hatches at least once every 12 months; and

(2) Of the internal floating roof, seal(s), gaskets, slotted membranes, and sleeve seals at least once every 10 years or each time the tank is emptied and degassed, whichever occurs first; and

(g) For a tank equipped with a double-seal system, visual inspections shall be conducted either:

(1) As specified in (f) above; or

(2) Of the internal floating roof, seal(s), gaskets, slotted membranes, and sleeve seals at least once every 5 years or each time the tank is emptied and degassed; whichever occurs first.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.03 Applicability Criteria for External Floating Roof Tanks {#sec-env-a-1217.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.03}

(a) Env-A 1217.04 shall not apply to the following external floating roof tanks:

(1) Any external floating roof tank having a storage capacity between 150,000 and 1,600,000 liters, equivalent to between 40,000 and 420,000 gallons, which is used to store produced crude oil and condensate prior to lease custody transfer;

(2) Any such tank used to store a VOL with a maximum true vapor pressure of less than 10.5 kPa, equivalent to 1.52 psia, under actual storage conditions, as determined by methods described in API Chapter 19.2, "Evaporative Loss From Floating Roof Tanks", first edition, April 1997, and as verified by records maintained consistent with the provisions of Env-A 900;

(3) Any such tank used to store waxy, heavy-pour crude oil;

(4) Any such tank used to store VOL which:

a. Has a maximum true vapor pressure of less than 27.6 kPa, equivalent to 4.0 psia;

b. Is of welded construction; and

c. Was equipped with one of the following prior to August 31, 1995:

A metallic shoe seal;
A liquid-mounted foam seal;
A liquid-mounted liquid-filled type seal; or
An EPA-approved closure equipment of demonstrated equivalence; or

(5) Any such tank that:

a. Is of welded construction; and

b. Was equipped with the following prior to August 31, 1995:

A metallic-type shoe primary seal; and
A shoe-mounted secondary seal.

(b) Except as provided in (a), above, Env-A 1217.04 shall apply to an external floating roof VOL storage tank with a storage capacity greater than 150,000 liters, equivalent to 40,000 gallons.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.04 Control Techniques for External Floating Roof Tanks {#sec-env-a-1217.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.04}

An external floating roof tank meeting the applicability criteria of Env-A 1217.03 shall use the following VOC control techniques:

(a) The tank shall be fitted with:

(1) A rim-mounted secondary seal; or

(2) A closure or other device that:

a. Controls VOC emissions with an effectiveness equal to or greater than a rim-mounted secondary seal; and

b. Is approved by the EPA Administrator as a SIP or federal implementation plan revision;

(b) All seal closure equipment shall be maintained such that there are no visible holes, tears, or other openings in the seal or seal fabric;

(c) The seal shall remain intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall;

(d) For a floating roof equipped with a vapor-mounted primary seal, the accumulated area of gaps exceeding 0.32 cm, equivalent to 0.125 in., in width between the secondary seal and the tank wall shall not exceed 21.2 sq. cm. per m., equivalent to 1.0 sq. in. per ft., of tank diameter, as determined by the method referenced in Env-A 800;

(e) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, shall be equipped with covers, seals, or lids in the closed position, except when the openings are in actual use;

(f) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, shall have projections into the tank that remain below the liquid surface at all times;

(g) Automatic bleeder vents shall remain closed at all times except when the roof is being floated off or being landed on the roof leg supports;

(h) Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting;

(i) Emergency roof drains shall be provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening;

(j) Inspections in accordance with the provisions of Env-A 800 shall be performed at least semi-annually to ensure compliance with (b), (c), (e), and (f), above; and

(k) The secondary seal gap shall be measured at least annually in accordance with (d), above, and Env-A 800 when the floating roof is equipped with a vapor-mounted primary seal.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.05 Applicability Criteria for Bulk Gasoline Loading Terminals {#sec-env-a-1217.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.05}

A bulk gasoline loading terminal meeting the definition of Env-A 1202.22 on or after January 1, 1990 shall comply with the requirements of Env-A 1217.06 and Env-A 1217.07.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.06 Control Techniques for Bulk Gasoline Loading Terminals {#sec-env-a-1217.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.06}

A bulk gasoline loading terminal operation shall use the following control techniques:

(a) VOC vapor emitted from tank truck loading operations at a bulk gasoline loading terminal shall be collected and controlled by equipment limiting the total VOC emission rate from the controlled operations over any one-hour period to 80 mg of VOC per liter, equivalent to 0.08 ounces per cubic foot, of gasoline loaded;

(b) All equipment such as pumps, tanks, couplings, hoses, and seals, used in loading gasoline trucks and controlling VOC emissions during loading, shall be maintained in leak-tight condition, as determined through test and maintenance procedures specified in the following document published by EPA:

EVALUATION OF VAPOR LEAKS AND DEVELOPMENT OF MONITORINGPROCEDURES FOR GASOLINE TANK TRUCKS AND VAPOR PIPING

Document number EPA-450/3-79-018

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Research Triangle Park, NC 27711

April, 1979; and

(c) The bulk gasoline loading terminal shall be equipped with a vapor control system capable of complying with (a), above, and consisting of one of the following:

(1) An adsorber or condensation system which processes and recovers at least 90% by weight of all vapors and gases from the devices being controlled;

(2) A vapor collection system which directs all vapors to a fuel gas system and destroys at least 90% by weight all vapors and gases from the devices being controlled; or

(3) A control system demonstrated to have control efficiency equivalent to or greater than (1) or (2) above, and approved by the director in accordance with the procedures of Env-A 809.01.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.07 Work Practice Standards for Bulk Gasoline Loading Terminals {#sec-env-a-1217.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.07}

(a) All displaced vapors and gases shall be vented only to the vapor control system.

(b) The terminal owner or operator shall not:

(1) Allow gasoline to be discarded in sewers or stored in open containers or handled in any manner that would result in evaporation; or

(2) Allow the pressure in the vapor collection system to exceed the tank truck or trailer pressure relief settings.

(d) During a loading operation, the terminal owner or operator shall:

(1) Obtain the vapor tightness documentation from the tank truck driver for each gasoline tank truck that is to be loaded at the bulk gasoline terminal loading rack;

(2) Require the tank identification number to be recorded as each gasoline tank truck is loaded at the terminal;

(3) Cross-check each tank identification number obtained in (d)(2), above, with the file of tank vapor tightness documentation within 2 weeks after the corresponding tank is loaded;

(4) Notify the owner or operator of each non-vapor-tight gasoline tank truck loaded at the bulk gasoline terminal loading rack within 3 weeks after the loading has occurred that the truck is not vapor-tight; and

(5) Develop and follow procedures to assure that no gasoline tank truck deemed to be non-vapor-tight under (d)(1)(2) and (3), above, will be reloaded until vapor tightness documentation for that tank is obtained.

(e) The terminal owner or operator shall take measures to ensure that:

(1) Loadings of gasoline tank trucks at the bulk gasoline terminal loading rack are made only into tanks equipped with vapor collection equipment that is compatible with the terminal's vapor collection system; and

(2) The vapor collection systems of the terminal and tank truck are connected at the bulk gasoline tank truck at the bulk gasoline terminal loading racks during each loading.

(f) The vapor collection and liquid loading equipment shall be designed and operated to prevent gauge pressure in the delivery tank from exceeding 4,500 Pa, equivalent to 0.65 psi or 18 in. of water, during product loading.

(g) Measurement of the gauge pressure shall be as follows:

(1) A pressure measuring instrument, such as a liquid manometer or equivalent, capable of measuring up to 500 mm mercury, equivalent to 20 in. water, gauge pressure, with a precision of +2.5 mm mercury, equivalent to +20 in. water, shall be calibrated and installed;

(2) The pressure measuring instrument shall be connected to a pressure tap in the vapor collection system of the terminal, located as close as possible to the connection with the gasoline tank truck; and

(3) During the performance test, gauge pressures shall be recorded at least once for each loading position according to the following procedure:

a. The pressure shall be recorded every 5 minutes during the loading of a gasoline tank truck; and

b. The highest instantaneous pressure that occurs during each loading shall be recorded.

(h) No pressure-vacuum vent in the bulk gasoline loading terminal's vapor collection system shall begin to open at a system pressure less than 4500 Pa, equivalent to 0.65 psi.

(i) At least once each calendar month, the vapor collection system, vapor control system, and each loading rack handling gasoline shall be inspected by visual, sound, or odor detection methods for total liquid or vapor organic compound leaks during the loading of gasoline tank trucks.

(j) Each detection of a leak shall be recorded and the source of the leak repaired within 15 calendar days after it is detected.

(k) Loading of outgoing gasoline tank trucks shall be restricted to the use of submerged fill.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.08 Applicability Criteria for Bulk Gasoline Plants {#sec-env-a-1217.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.08}

(a) A source with a bulk gasoline plant meeting the definition of Env-A 1202.23 on or after January 1, 1990 shall comply with the requirements of Env-A 1217.09.

(b) "Stage I vapor balance system," for the purpose of Env-A 1217.09, means a closed system that allows the transfer of balancing of vapors, displaced during the loading or unloading of gasoline at a bulk gasoline plant, from the tank being loaded to the tank being unloaded.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1217.09 Control Techniques for Bulk Gasoline Plants {#sec-env-a-1217.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1217.09}

(a) A bulk gasoline plant, regardless of storage capability or average daily throughput, shall use the following VOC control techniques:

(1) The filling of a storage tank shall be restricted to the use of submerged fill;

(2) The loading of an outgoing gasoline tank truck shall be restricted to the use of submerged fill; and

(3) The bulk plant owner or operator and the owner or operator of each tank truck engaged in transfer operations at the bulk plant shall:

a. Observe all transfer operations involving the subject tank truck; and

b. Discontinue transfer immediately upon the observation of any vapor or liquid leaks associated with the transfer operation.

(b) A bulk gasoline plant having an average daily throughput of 15,000 liters, equivalent to 4,000 gallons, or more based on any consecutive 30-day period during the ozone season for the calendar year 1989 or any subsequent year shall be equipped with the following VOC control equipment:

(1) A Stage I vapor balance system between each incoming gasoline tank truck and any gasoline storage tank having a capacity of more than 2,082 liters, equivalent to 550 gallons; and

(2) A Stage I vapor balance system between each outgoing gasoline tank truck and any gasoline storage tank having a capacity of more than 2,082 liters, equivalent to 550 gallons.

(1) A Stage I vapor balance system installed pursuant to (b)(1), above, shall be equipped with line fittings that:

a. Are vapor-tight; and

b. Automatically close upon disconnection; and

(2) A Stage I vapor balance system installed pursuant to (b)(2), above, shall be designed to prevent any transfer of collected vapors between loading racks.

(d) The owner or operator of any bulk gasoline plant having an average daily throughput of 15,000 liters, equivalent to 4,000 gallons, or more based on any consecutive 30-day period during the ozone season for the calendar year 1989 or any subsequent year shall ensure that the following VOC control procedures are observed during all transfer and storage operations:

(1) The Stage I vapor balance system required in (b), above, shall remain connected between the tank truck and storage tank;

(2) For a storage tank with a capacity of more than 2,082 liters, equivalent to 550 gallons, tank openings, including inspection hatches and gauging and sampling devices, shall remain vapor-tight when not in use;

(3) The gasoline tank truck compartment hatch cover shall remain closed during product transfer;

(4) Gauge pressure shall not:

a. Exceed 450 mm, equivalent to 18 in., of water in the gasoline tank truck; or

b. Exceed 150 mm, equivalent to 5.9 in., of water in the vapor balance system vacuum during product transfer operations;

(5) Compliance with (4), above, shall be determined by means of a pressure measuring device, such as a liquid manometer, magnehelic gauge, or equivalent instrument, as follows:

a. The device shall be capable of measuring 500 mm, equivalent to 20 in., of water gauge pressure with a precision of +2.5 mm, equivalent to +0.098 in.; and

b. The device shall be calibrated and installed on the bulk gasoline plant vapor balance system at a pressure tap that is located as close as possible to the connection with the gasoline tank truck;

(6) No pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin to open at:

a. A system pressure of less than 450 mm, equivalent to 18 in., of water; or

b. A vacuum of less than 150 mm, equivalent to 5.9 in., of water;

(7) Loading of liquid product into gasoline tank trucks shall be limited to vapor-tight tank trucks;

(8) At least once each calendar month, the vapor balance systems required by (b), above, and each loading rack used in loading gasoline tank trucks shall be inspected by visual, sound, or odor detection methods for liquid or vapor leaks during product transfer operations; and

(9) Each detection of a leak shall be recorded and the source of the leak repaired within 16 calendar days after it is detected.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1218 Cutback and Emulsified Asphalt

N.H. Code Admin. R. Ann. Env-A 1218.01 Applicability Criteria for Cutback and Emulsified Asphalt {#sec-env-a-1218.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1218.01}

A source using cut-back asphalt or emulsified asphalt in the paving of public roads or highways shall comply with the requirements of this part.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1218.02 Compliance Standards for Cutback and Emulsified Asphalt {#sec-env-a-1218.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1218.02}

(a) Cutback asphalt shall not be used in the paving and maintenance of public roads and highways during the months of June through September with the following exceptions:

(1) The use of medium curing cutback asphalts solely as penetrating primecoat for aggregate bases prior to paving;

(2) The use of medium curing cutback asphalts for the manufacture of long-term storage or stockpiling of patching mixes used in pavement maintenance; or

(3) The use of cutback asphalts for which the user can demonstrate, in accordance with (b), below, that minimal emissions shall occur under conditions of normal use.

(b) For a cutback asphalt user seeking an application permit during the months of June through September, an acceptable demonstration of minimal emissions shall be the submittal of distillation test data in accordance with ASTM D402-97, “Standard Test Method for Distillation of Cutback Asphaltic (Bituminous) Products”, showing that less than 5% of the total solvent has evaporated at temperatures up to and including 260C, equivalent to 500F.

(c) Emulsified asphalt used in the paving and maintenance of public roads and highways shall contain no petroleum solvents except for uses and with a maximum solvent content (MSC) as follows:

(1) For use as seal coats, the MSC shall be 3%;

(2) For use as chip seals when dusty or dirty aggregate is used, the MSC shall be 3%;

(3) For use as seal coats or chip seals when good particle coating cannot be attained with emulsions containing 3% or less solvent, by weight, when tested according to the ASTM D244-00 "Standard Test Methods for Emulsified Asphalts", Coatability Test, Sections 52 through 57, by the New Hampshire department of transportation (NHDOT) or an independently owned laboratory designated by the NHDOT, the MSC shall be 5%;

(4) For use as mixing with open graded aggregate that is not well washed, the MSC shall be 8%; or

(5) For use as mixing with dense graded aggregate, the MSC shall be 12%.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1219 Fiberglass Boat Manufacturing

N.H. Code Admin. R. Ann. Env-A 1219.01 Applicability Criteria for Fiberglass Boat Manufacturing Materials {#sec-env-a-1219.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.01}

(a) On and after January 1, 2016, a source whose fiberglass boat manufacturing operations have combined actual emissions, before controls, during any consecutive 12-month period, which equal or exceed 3 tons of VOCs from the use of gel coats, resins, and materials used to clean application equipment, shall be subject to the provisions of this part.

(b) This part shall not apply to the following:

(1) Any facility that solely manufactures parts of boats, such as hatches, seats, or lockers, or boat trailers, but does not manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks;

(2) Surface coating applied to fiberglass boats and metal recreational boats or pleasure crafts; and

(3) Industrial adhesives used in the assembly of fiberglass boats, with the exception of polyester resin putties used to assemble fiberglass parts, which are not considered adhesives for the purpose of this chapter.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.02 Control Options for Fiberglass Boat Manufacturing Materials {#sec-env-a-1219.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.02}

Except as specified in Env-A 1219.05, the owner or operator of a fiberglass boat manufacturing facility subject to this part shall limit VOC emissions from molding operations other than closed molding by one or more of the following control options:

(a) Control option 1 shall consist of using resins and gel coats that meet the applicable individual monomer VOC content limits as specified in table 1219-1, below:

Table 1219-1 Compliant Materials Monomer VOC Content Limits for Open Molding Resin and Gel Coat

Material Used

Application Method

Weighted Average Monomer VOC Content Limit

(in weight percent)

Production resin

Atomized (spray)

Production resin

Nonatomized

Pigmented gel coat

Any method

Clear gel coat

Any method

Tooling resin

Atomized

Tooling resin

Nonatomized

Tooling gel coat

Any method

(b) Control option 2 shall consist of using resins and gel coats of a certain type that meet the applicable monomer VOC content limit for a specific application method specified in table 1219-1, above, on a 12-month weighted-average basis, as calculated using the following formula:

(1) “Mi” means the mass of open molding resin or gel coat i used in the past 12 consecutive months in an operation, in megagrams;

(2) “VOCi” means monomer VOC content, by weight percent, of open molding resin or gel coat i used in the past 12 consecutive months in an operation;

(3) “n” means number of different open molding resins or gel coats used in the

past 12 consecutive months in an operation; and

(4) The weighted average monomer VOC content shall equal the sum of the products of Mi and VOCi for open molding resin or gel coats one through n, divided by Mi one through n, as in the following equation:

Weighted average monomer VOC content = __________________________

(c) Control option 3 shall consist of meeting a facility-specific monomer VOC mass emission limit on a consecutive 12-month period that is determined using the formulas specified in Env-A 1219.03; or

(d) Control option 4 shall consist of using add-on controls to achieve a numerical monomer VOC emission limit that is determined for each facility in accordance with the equation in Env-A 1219.03(a), based on the mix of application methods and materials used at that facility, except that instead of using the mass of each material used over the past 12 consecutive months, the facility shall use the mass of each material used during the control device performance test.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.03 Determining Compliance with Option 3 {#sec-env-a-1219.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.03}

(a) A facility choosing option 3 in Env-A 1219.02(c) for any of its operations shall determine a facility-specific monomer VOC mass emission limit, calculated on a consecutive 12-month period at the end of every month, by using the following formula:

(1) “Monomer VOC Limit” means total allowable monomer VOC that can be emitted from the open molding operations included in the average, kilograms per 12-month period;

(2) “MR” means mass of production resin used in the past 12 months, excluding any materials that are exempt, in megagrams;

(3) “MPG” means the mass of pigmented gel coat used in the past 12 months, excluding any materials that are exempt, in megagrams;

(4) “MCG” means the mass of clear gel coat used in the past 12 months, excluding any materials that are exempt, in megagrams;

(5) “MTR” means the mass of tooling resin used in the past 12 months, excluding any materials that are exempt, in megagrams;

(6) “MTG” means the mass of tooling gel coat used in the past 12 months, excluding any materials that are exempt, in megagrams; and

(7) The monomer VOC limit shall equal the sum of the products of 46 times MR, 159 times MPG, 291 times MCG, 54 times MTR, and 214 times MTG, as in the following equation:

Monomer VOC Limit = 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG)

(b) At the end of the first 12-month averaging period and at the end of every subsequent month, a facility choosing option 3 shall use the following equation to show that the monomer VOC emissions from the operations included in the average do not exceed the emission limit calculated using the equation in (a), above, for the same 12-month period:

(1) “Monomer VOC emissions” means monomer VOC emissions calculated using the monomer VOC emission equations for each operation included in the average, in kilograms;

(2) “PVR” means weighted-average monomer VOC emission rate for production resin used in the past 12 months, in kilograms per megagram;

(3) “MR” means mass of production resin used in the past 12 months, in megagrams;

(4) “PVPG” means weighted-average monomer VOC emission rate for pigmented gel coat used in the past 12 months, in kilograms per megagram;

(5) “MPG” means mass of pigmented gel coat used in the past 12 months, in megagrams;

(6) “PVCG” means weighted-average monomer VOC emission rate for clear gel coat used in the past 12 months, in kilograms per megagram;

(7) “MCG” means mass of clear gel coat used in the past 12 months, in megagrams;

(8) “PVTR” means weighted-average monomer VOC emission rate for tooling resin used in the past 12 months, in kilograms per megagram;

(9) “MTR” means mass of tooling resin used in the past 12 months, in megagrams;

(10) “PVTG” means weighted-average monomer VOC emission rate for tooling gel coat used in the past 12 months, in kilograms per megagram;

(11) MTG” means mass of tooling gel coat used in the past 12 months, in megagrams; and

(12) Monomer VOC emissions shall equal the sum of the products of PVR times MR, PVPG times MPG, PVCG times MCG, PVTR times MTR, and PVTG times MTG, as in the following equation:

(c) A facility choosing option 3 shall use the following equation to compute the weighted-average monomer VOC emission rate for the previous 12 consecutive months for each open molding resin and gel coat operation included in the average:

(1) “PVOP” means the weighted-average monomer VOC emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average, in kilograms of monomer VOC per megagram of material applied;

(2) “Mi” means the mass of resin or gel coat i used within an operation in the past 12 months, in megagrams;

(3) “n” means the number of different open molding resins and gel coats used within an operation in the past 12 months;

(4) “PVi” means the monomer VOC emission rate for resin or gel coat i used within an operation in the past 12 months, in kilograms of monomer VOC per megagram of material applied. Use the formulas in table 1219-2 to compute PVi; and

(5) PVOP shall equal the sum of the products of Mi and PVi for open molding resin or gel coats one through n, divided by Mi one through n, as in the following equation:

Table 1219-2 Monomer VOC Emission Rate Formulas for Open Molding Operations

Material Used

Application Method

Formula to Calculate the Monomer VOC Emission Rate or PVi

Production resin, tooling resin

a. Atomized

0.014 x (Resin VOC%)^2.425

b. Atomized, plus vacuum bagging with roll-out

0.01185 x (Resin VOC%)^2.425

c. Atomized, plus vacuum bagging without roll-out

0.00945 x (Resin VOC%)^2.425

d. Nonatomized

0.014 x (Resin VOC%)^2.275

e. Nonatomized, plus vacuum bagging with roll-out

0.0110 x (Resin VOC%)^2.275

f. Nonatomized, plus vacuum bagging without roll-out

0.0076 x (Resin VOC%)^2.275

Pigmented gel coat, clear gel coat, tooling gel coat

All methods

0.445 x (Gel coat VOC%)^1.675

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.04 Non {#sec-env-a-1219.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.04}

-monomer VOC Content.

(a) Up to 5 percent of the non-monomer VOC content of a resin or gel coat shall be exempt from the VOC content limits of this part.

(b) If the non-monomer VOC content of a resin or gel coat exceeds 5 percent, then the excess non-monomer VOC over 5 percent shall be added to the monomer VOC content.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.05 Controls for Specified Resins, Gel Coats, and Operations {#sec-env-a-1219.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.05}

(a) The control options specified in Env-A 1219.02 shall not apply to the following:

(1) Production resins, including skin coat resins, that must meet specifications for use in military vessels or must be approved by the U.S. Coast Guard for use in the construction of lifeboats, rescue boats, and other life-saving appliances approved under 46 CFR subchapter Q, or the construction of small passenger vessels regulated by 46 CFR subchapter T;

(2) Production and tooling resins, and pigmented, clear, and tooling gel coats used for part or mold repair and touch up;

(3) Pure, 100-percent vinylester resin used for skin coats; and

(4) Closed molding operations.

(b) The resins specified in (a)(1) and (a)(3), above, shall be applied with nonatomizing resin application equipment.

(c) The total resin and gel coat materials specified in (a)(2), above, shall not exceed one percent by weight of all resins and gel coats used at that fiberglass boat manufacturing facility during any 12 consecutive month period.

(d) The total resin materials specified in (a)(3), above, shall not exceed 5 percent by weight of all resins and gel coats used at that fiberglass boat manufacturing facility on a 12 consecutive month period.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.06 Calculating Emission Rates for Filled Resins {#sec-env-a-1219.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.06}

(a) When using a filled production resin or filled tooling resin, the owner or operator shall calculate the emission rate for the filled material on an as-applied basis using the following formula:

(1) “PVF” means the as-applied monomer VOC emission rate for the filled production resin or tooling resin, kilograms monomer VOC per megagram of filled material;

(2) “PVU” means the monomer VOC emission rate for the neat or unfilled resin, before filler is added, as calculated using the formulas in Table 1219-2;

(3) “% filler” means the weight-percent of filler in the as-applied filled resin system; and

(4) PVF shall be equal to 100 minus the weight-percent of filler, divided by 100, the entire quantity multiplied by PVU, as in the following equation:

(b) If the filled resin is used as a production resin, the value of PVF calculated by the equation in (a), above, shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied.

(c) If the filled resin is used as a tooling resin, the value of PVF calculated by the equation in (a), above, shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied.

(d) If the facility is including a filled resin in the emissions averaging procedure specified in Env-A 1219.03, the facility shall use the value of PVF calculated using the equation in (a), above, for the value of PVi in the equation specified in Env-A 1219.03(c)(4).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1219.07 Work Practice Standards {#sec-env-a-1219.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1219.07}

(a) All resin and gel coat mixing containers with a capacity equal to or greater than 208 liters, equivalent to 55 gallons, including those used for on-site mixing of putties and polyputties, shall have a cover with no visible gaps in place at all times, except when material is being manually added to or removed from a container, or when mixing or pumping equipment is being placed in or removed from a container.

(b) VOC cleaning solvents for routine application equipment cleaning shall contain no more than 5 percent VOC, by weight, or have a composite vapor pressure of no more than 0.50 mm Hg at 68 ºF.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1220 Miscellaneous Industrial Adhesives

N.H. Code Admin. R. Ann. Env-A 1220.01 Applicability Criteria for Miscellaneous Industrial Adhesives {#sec-env-a-1220.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.01}

(a) On and after January 1, 2016, a source whose miscellaneous industrial adhesive and adhesive primer application processes, including related cleaning activities, have combined actual emissions, before controls, during any consecutive 12-month period which equal or exceed 3 tons of VOCs shall be subject to this part.

(b) Any source that is subject to this chapter and whose use of industrial adhesives is associated with a category listed below shall be exempt from this part:

(1) Metal furniture coatings;

(2) Flat wood paneling coatings;

(3) Paper, film, and foil coatings;

(4) Offset lithographic printing and letterpress printing;

(5) Flexible package printing;

(6) Coil coating; and

(7) Fabric coating.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1220.02 Compliance Standards for Miscellaneous Industrial Adhesives {#sec-env-a-1220.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.02}

(a) Except as provided in (d) or (e), below, and Env-A 1220.03, those processes using general or specialty adhesive applications or adhesive primer applications shall control VOC emissions by using adhesives that meet the limits specified in Table 1220-1, below, subject to (b) and (c), below:

Table 1220-1 VOC Content Limits for Adhesive and Adhesive Primer Application Processes

Type of Adhesive Application Process

VOC Emission Limit

(g/l)

(lb/gal)

General

Reinforced plastic composite

200

1.7

Flexible vinyl

250

2.1

Metal

0.3

Porous material (except wood)

120

1.0

Rubber

250

2.1

Wood

0.3

Other substrates

250

2.1

Specialty

Ceramic tile installation

130

1.1

Contact bond adhesive

250

2.1

Cove base installation

150

1.3

Floor covering installation (Indoor)

150

1.3

Floor covering installation (Outdoor)

250

2.1

Perimeter-bonded sheet vinyl flooring installation

660

5.5

Metal to urethane/rubber molding or casting

850

7.1

Motor vehicle adhesive

250

2.1

Motor vehicle weatherstrip adhesive

750

6.3

Multipurpose construction

200

1.7

Plastic solvent welding (ABS)

400

3.3

Plastic solvent welding (Except ABS)

500

4.2

Sheet rubber lining installation

850

7.1

Single-ply roof membrane installation/repair (except EPDM)

250

2.1

Structural glazing

100

0.8

Thin metal laminating

780

6.5

Tire repair

100

0.8

Waterproof resorcinol glue

170

1.4

Adhesive Primer

Motor vehicle glass bonding primer

900

7.5

Plastic solvent welding adhesive primer

650

5.4

Single-ply roof membrane adhesive primer

250

2.1

Other adhesive primer

250

2.1

(b) “VOC emission limit” means the mass of VOC per volume of adhesive or adhesive primer, excluding water and exempt compounds, as applied.

(c) If an adhesive is used to bond dissimilar substrates together, then the applicable substrate category with the least stringent VOC emission limit shall be the limit for such application.

(d) To meet the limits in Table 1220-1, above, a source may combine low-VOC content adhesives, the application methods specified in Env-A 1220.04, and add-on control equipment.

(e) As an alternative to the VOC emission limits Table 1220-1, above, a source shall achieve an overall control efficiency of at least 85%.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1220.03 Excluded Adhesives and Processes {#sec-env-a-1220.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.03}

The standards specified in Env-A 1220.02 shall not apply to the following types of adhesives and adhesives primer application processes:

(a) Adhesives or adhesive primers being tested or evaluated in any research and development, quality assurance, or analytical laboratory;

(b) Adhesives or adhesive primers used in the assembly, repair, or manufacture of aerospace or undersea-based weapon systems;

(d) Cyanoacrylate adhesive application processes;

(e) Aerosol adhesive and aerosol adhesive primer application processes;

(f) Processes using polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing facilities; and

(g) Processes using adhesives and adhesive primers that are supplied to the manufacturer in containers with a net volume of 16 ounces or less, or a net weight of one pound or less.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1220.04 Application Methods {#sec-env-a-1220.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.04}

A source that is subject to Env-A 1220.02 shall use one of the following application methods:

(a) Electrostatic spray;

(b) HVLP spray;

(c) Flow coat, roll coat, or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application;

(d) Dip coat, including electrodeposition;

(e) Airless spray;

(f) Air-assisted airless spray; or

(g) Other adhesive application methods capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1220.05 Work Practices for Waste Materials {#sec-env-a-1220.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.05}

A source shall implement the following work practices for adhesives, thinners and adhesive-related waste materials, including those specified in Env-A 1220.03:

(a) Store all VOC-containing adhesives, adhesive primers, and process-related waste materials in closed containers;

(b) Ensure that mixing and storage containers used for VOC-containing adhesives, adhesives primers, and process-related waste materials are kept closed at all times except when depositing or removing these materials;

(d) Convey VOC-containing adhesives, adhesive primers, and process-related waste materials from one location to another in closed containers or pipes.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1220.06 Work Practices for Cleaning Materials {#sec-env-a-1220.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1220.06}

A source shall implement the following work practices for cleaning materials used for surface preparation or for application equipment cleaning:

(a) Store all VOC-containing cleaning materials and used shop towels in closed containers;

(b) Ensure that storage containers used for VOC-containing cleaning materials are kept closed at all times except when depositing or removing these materials;

(d) Convey VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(e) Minimize VOC emissions from the cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and that all spent solvent is captured in closed containers.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1221 Industrial Cleaning Solvents

N.H. Code Admin. R. Ann. Env-A 1221.01 Applicability Criteria for Solvent Metal Cleaning {#sec-env-a-1221.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.01}

(a) A cold cleaning machine that has an operating capacity of not more than one liter, equivalent to 0.26 gallon, of VOC shall be exempt from Env-A 1221.02.

(b) An open top vapor degreaser with an open top area less than 1.0 square meter (m2) , equivalent to 10.8 square feet (ft2), shall be exempt from Env-A 1221.03 if the owner or operator uses appropriate work practices to reduce VOC emission and prevent solvent spillage including, but not limited to, keeping the cover closed on the machine at all times except when processing work loads through the degreaser and storing waste solvent in closed containers.

(c) A conveyorized degreaser with an air/solvent interface area less than 2.0 m2, equivalent to 21.6 ft2, shall be exempt from Env-A 1221.04(a).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.02 Compliance Standards for Cold Cleaning {#sec-env-a-1221.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.02}

(a) The owner or operator of a cold cleaning process shall control such process by using the control techniques, operating requirements, and equipment described below:

(1) Control techniques shall include the following:

a. To prevent spillage, either:

A freeboard height that gives a freeboard ratio greater than or equal to 0.75 unless the machine is equipped with a cover that is kept closed except when parts are being placed into or being removed from the machine; or
A water cover at least 2.54 centimeter (cm) , equivalent to 1 inch (in), deep, where the solvent is insoluble in and heavier than water;

b. If a solvent spray is used, the spray nozzle shall be capable of delivering a cohesive fluid stream, rather than a fine, atomized or shower type spray, operated according to (2)f., below; and

c. A permanent, legible, and conspicuous label, summarizing the operating requirements specified in (2), below, affixed to each solvent container or other location where it can be easily seen by the operator;

(2) Operating requirements shall be as follows:

a. Waste solvent shall be stored only in covered containers;

b. The degreaser cover shall be closed whenever parts in the cleaner are not being handled manually;

c. Cleaned parts shall be drained for at least 15 seconds or until dripping ceases, whichever is longer;

d. Solvent leaks shall be repaired immediately or the degreaser shall be shut down;

e. Drafts across the top of each cold cleaning unit shall be minimized;

f. Where a solvent spray is used, such spraying shall be:

Operated at a pressure which does not exceed 10 psig as measured at the pump outlet; and
Performed only within the confines of the degreasing unit;

g. Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in a cold cleaning machine;

h. No solvent shall be used if it has a vapor pressure of 1.0 millimeters of mercury (mm Hg) or greater, measured at 20oC, equivalent to 68oF; and

i. The operator of a cold cleaning machine shall maintain for not less than 2 years and shall provide to the department, on request:

The information specified in (c)(1), below, in the form of an invoice, bill of sale, or certificate that corresponds to a number of sales; and
The material safety data sheet (MSDS) as specified in (c)(2), below; and

(3) If the cold cleaning machine can hold more than 7.5 liters, control equipment shall include the following:

a. A tank cover that is easily operated with one hand; and

b. An internally mounted drainage device that operates such that parts to be cleaned are enclosed under the cover while draining, except that the drainage device may be external for applications where an internal type cannot fit into the cleaning system.

(b) No person shall sell or offer for sale for use in a cold cleaning machine in New Hampshire any solvent having a vapor pressure of 1.0 mm Hg or greater, measured at 20oC, equivalent to 68oF.

(c) Any person who sells or offers for sale any solvent for use in a cold cleaning machine in New Hampshire shall provide, to the purchaser, the following written information:

(1) The name and address of the solvent supplier; and

(2) A MSDS listing the type of solvent, the product or vendor identification number, and the vapor pressure of the solvent measured in mm Hg at 20oC, equivalent to 68oF.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.03 Com {#sec-env-a-1221.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.03}

pliance Standards for Open Top Vapor Degreasers. Open top vapor degreasers shall be controlled using the control equipment, techniques, and operating requirements described below:

(a) Control equipment shall consist of the following:

(1) A cover, located below the lip exhaust, if any, that can be opened and closed easily without disturbing the vapor zone;

(2) Safety switches, as follows:

a. Equipment preventing heat input to the sump when the condenser coolant is not circulating or when the liquid solvent level drops down to the height of the sump heater coils;

b. Equipment preventing spraying outside the vapor level; and

c. Equipment that shuts off the sump heat if the upper vapor level rises above the height of the primary condenser;

(b) Control techniques shall consist of the following:

(1) For degreasers with an open area equal to or greater than one m2, equivalent to 10.8 ft2, at least one of the following techniques or combination of techniques:

a. The combination of:

A freeboard ratio greater than or equal to 0.75; and
A powered cover;

b. An enclosed design, such as a cover or door which opens only when the dry part is actually entering or exiting the degreaser;

c. A refrigerated chiller that is capable of maintaining the chilled air blanket temperature, measured at the centroid of the degreaser at the coldest point, at no more than 30% of the solvent's boiling point (F); or

d. A carbon adsorption system meeting the requirements of (c), below; and

(2) For degreasers with an open area less than one m2, equivalent to 10.8 ft2, at least one of the following techniques:

a. A freeboard ratio greater than or equal to 0.75; or

b. An enclosed design, such as a cover or door which opens only when the dry part is actually entering or exiting the degreaser;

(c) A carbon adsorption system installed pursuant to (b)(1)d., above, shall comply with the following operational requirements:

(1) Ventilation greater than or equal to 15 m3/min per m2, equivalent to 50 cfm/ft2 of air/vapor area when cover is open; and

(2) Exhausting less than 25 ppm solvent averaged over one complete adsorption cycle or 24 hours, whichever is less; and

(d) Operating requirements shall be as follows:

(1) The cover shall be kept closed at all times except when processing work loads through the degreaser;

(2) Solvent carry-out shall be minimized by using the following measures:

a. Racking parts to allow full drainage;

b. Moving parts in and out of the degreaser at less than 3.3 m/min, equivalent to 11 ft/min;

c. Degreasing the work load in the vapor zone at least 30 seconds or until condensation ceases, whichever is longer;

d. Tipping out any pools of solvent on the cleaned parts before removal; and

e. Allowing parts to dry within the freeboard zone of the degreaser for at least 15 seconds or until visually dry, whichever is longer;

(3) The unit shall not be used to degrease porous or absorbent materials, such as cloths, leather, wood, or rope;

(4) Work loads shall not occupy more than half of the degreaser's open top area;

(5) The degreaser shall not be loaded to the point where the vapor level would drop more than 10 centimeters, equivalent to 4 inches, when the workload is removed from the vapor zone;

(6) No spraying shall occur above the vapor level;

(7) Solvent leaks shall be repaired immediately, or the degreaser shut down;

(8) The evaporation of waste solvent into the ambient air shall not exceed 20% of the weight of the waste during the process of:

a. Disposing of the waste solvent; or

b. Transferring the waste solvent to another person;

(9) Waste solvent shall be stored only in closed containers;

(10) Exhaust ventilation shall not exceed 20 m3/min per m2, equivalent to 65 cfm per ft2, of degreaser open area, unless necessary to meet OSHA requirements;

(11) Drafts shall be minimized across the top of each degreasing unit such that whenever the cover is open, the unit is not exposed to drafts greater than 40 meters, equivalent to 131 feet, per minute, as measured between 1 and 2 meters, equivalent to 3.3 and 6.6 feet, upwind and at the same elevation as the tank lip;

(12) Water shall not be visually detectable in solvent exiting the water separator; and

(13) A permanent, legible, and conspicuous label, summarizing the operating requirements listed above, shall be affixed to each solvent container or other location where it can be easily seen by the operator.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.04 Compliance Standards for Conveyorized Degreasers {#sec-env-a-1221.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.04}

Conveyorized degreasers shall be controlled using the control equipment, techniques, and operating requirements described below:

(a) The degreaser shall be controlled by one of the following major control techniques:

(1) Refrigerated chiller; or

(2) Carbon adsorption system meeting the operational requirements of (c)(10), below;

(b) Control equipment shall consist of the following:

(1) A drying tunnel, or another means to prevent cleaned parts from carrying out solvent liquid or vapor, such as a rotating or tumbling basket;

(2) Safety switches, as follows:

a. Equipment preventing heat input to the sump when the liquid solvent level drops down to the height of the sump heater coils or the condenser coolant is not circulating;

b. Equipment preventing spraying outside the vapor level; and

c. A vapor level control thermostat which shuts off the sump heat if the vapor level rises above the height of the primary condenser;

(3) Entrances and exits that silhouette work loads so that the average clearance between parts and the edge of the degreaser opening is either less than 10 cm, equivalent to 4 in., or less than 10% of the width of the opening; and

(4) Covers for closing off the entrance and exit during shut-down hours; and

(1) Exhaust ventilation shall not exceed 20 m3/min per m2, equivalent to 65 cfm per ft2, of degreaser open area, unless necessary to meet OSHA requirements;

(2) Drafts shall be minimized across the top of each degreasing unit such that whenever the cover is open, the unit is not exposed to drafts greater than 40 meters per minute, as measured between 1 and 2 meters upwind and at the same elevation as the tank lip;

(3) Draft velocity shall be determined by the testing method prescribed in Env-A 804.21;

(4) Carry-out emissions shall be minimized by:

a. Racking parts for best drainage; and

b. Maintaining vertical conveyor speed at less than 3.3 m/min, equivalent to 11 ft/min;

(5) The evaporation of waste solvent into the ambient air shall not exceed 20% of the weight of the waste during the process of:

a. Disposing of the waste solvent; or

b. Transferring the waste solvent to another person;

(6) Waste solvent shall be stored only in covered containers;

(7) Solvent leaks shall be repaired immediately, or the degreaser shut down;

(8) Water shall not be visibly detectable in the solvent exiting the water separator;

(9) Down-time covers shall:

a. Be placed over entrances and exits of conveyorized degreasers immediately after the conveyor and exhaust are shutdown; and

b. Be removed just before the conveyor and exhaust are started up; and

(10) All carbon adsorption systems installed pursuant to (a)(2), above, shall:

a. Provide ventilation greater than or equal to 15 m3/min per m2, equivalent to 50 cfm/ft2, of the air/solvent interface area when down-time covers are open; and

b. Exhaust less than 25 ppm of solvent by volume averaged over the length of one complete adsorption cycle or 24 hours, whichever is less.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.05 Applicability Criteria for the Use of Industrial Cleaning Solvents {#sec-env-a-1221.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.05}

Except as provided in Env-A 1221.06, the owner or operator of a source that uses organic solvents in its cleaning activities and which has actual emissions, before controls, during any consecutive 12-month period of 3 tons of VOCs from the cleaning activities shall comply with the requirements in Env-A 1221.07 on and after January 1, 2016.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.06 Exemptions {#sec-env-a-1221.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.06}

The use of industrial cleaning solvents at the following sources or in conjunction with the following activities shall be exempt from Env-A 1221.07:

(a) Any source that is subject to this chapter and whose cleaning activities are associated with a category listed below:

(1) Paper, fabric, film, and foil coating;

(2) Metal furniture coating;

(3) Wood furniture coating;

(4) Flexible packaging printing;

(5) Offset lithographic and letterpress printing;

(6) Flat wood paneling coating;

(7) Miscellaneous metal products coating;

(8) Plastic parts coating;

(9) Fiberglass boat manufacturing materials; and

(10) Miscellaneous industrial adhesives;

(b) Solvent metal cleaning activities performed pursuant to Env-A 1221.02, Env-A 1221.03, or Env-A 1221.04, as applicable;

(c) Any aerospace manufacturing and rework facility, provided that the cleaning solvent is used in accordance with the requirements of 40 CFR 63.744, inclusive of exemptions;

(d) A cleaning activity, including surface preparation prior to coating, necessary to meet a standard or specification issued or approved by the United States Department of Defense, Federal Aviation Administration or other federal government entity, provided that any person claiming exemption pursuant to this paragraph shall maintain records of the standard or specification;

(e) Quality control or laboratory testing;

(f) Medical device manufacturing;

(g) Pharmaceutical manufacturing;

(h) Any source that exceeds the applicable limit of Env-A 1221.07(b) where the quantity used does not exceed 55 gallons per any 12-month rolling aggregate, provided that any person claiming exemption pursuant to this paragraph shall record and maintain monthly records sufficient to demonstrate compliance with this exemption;

(i) A digital printing press;

(j) The cleaning of screen printing equipment, if the cleaning solvent used has an as-applied VOC content that does not exceed 500 grams per liter, equivalent to 4.2 pounds per gallon;

(k) Stripping;

(l) Cleaning of electrical and electronic components;

(m) Cleaning of high-precision optics; and

(n) Cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment by applicators of those substances.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1221.07 Compliance Standards for the Use of Industrial Cleaning Solvents {#sec-env-a-1221.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1221.07}

(a) The owner or operator of a source subject to this section shall limit VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices:

(1) Covering open containers and used applicators;

(2) Minimizing air circulation around cleaning operations;

(3) Properly disposing of used solvents and shop towels; and

(4) Maintaining cleaning equipment to prevent and repair solvent leaks.

(b) Except as provided in (c) or (d), below, the owner or operator of a source subject to this section shall limit VOC emissions by using cleaning solvents with a maximum VOC content limit of 50 grams VOC per liter, equivalent to 0.42 lb/gal.

(1) Use a cleaning solvent with a composite vapor pressure of 8.0 millimeters or less of mercury (mm Hg), measured at 20oC, equivalent to 68oF; or

(2) Comply with the RACT order provisions in Env-A 1205.03 through Env-A 1205.06.

(d) As an alternative to the content limit in (b), above, a manufacturer of coatings, inks, resin, or adhesives shall control VOC emissions when cleaning portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills by:

(1) Collecting and venting the emissions to a VOC emission control system that has an overall capture and control efficiency of at least 80 percent, by weight, for the VOC emissions, provided that where the reduction is achieved by incineration, at least 90 percent of the organic carbon shall be oxidized to carbon dioxide;

(2) Using a cleaning solvent that contains less than 200 g/l VOC, equivalent to 1.67 lb/gal; or

(3) Using organic solvents other than those allowed in (b) or (c)(1), above, provided that:

a. No more than 60 gallons of fresh cleaning solvent shall be used per month; and

b. The owner or operator shall maintain records for 5 years on the total volume of fresh cleaning solvent used and the total volume of cleaning solvent recovered for on-site or off-site recycling.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Part Env-A 1222 Miscellaneous and Multicategory Stationary Voc Sources

N.H. Code Admin. R. Ann. Env-A 1222.01 Applicability Criteria for Miscellaneous and Multicategory Stationary VOC Sources {#sec-env-a-1222.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1222.01}

(a) Any miscellaneous or multicategory stationary VOC source whose combined TPEs for all processes and devices equal or exceed 50 tons of VOC in any consecutive 12-month period shall be subject to Env-A 1222.02 and Env-A 1222.03, except as specified in (b) through (e), below.

(b) The following processes and devices shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03:

(1) VOC-emitting processes and devices that are subject to regulation under 40 CFR 61 or 40 CFR 63, in accordance with Env-A 600, subject to the provisions of (c), below;

(2) VOC-emitting processes and devices that have been determined to be achieving Best Available Control Technology (BACT) for VOC or the Lowest Achievable Emission Rate (LAER) for VOC imposed in a enforceable permit or license that contains specific emission limitations, work practice standards, or both for all affected VOC-emitting processes and devices and which was issued pursuant to federally enforceable permitting rules;

(3) VOC-emitting processes and devices that have been determined to be achieving RACT pursuant to a federally enforceable rule or permit;

(4) Incomplete combustion, except where material is heated, burned, combusted, or otherwise chemically changed under oxygen-deficient conditions by design;

(5) VOC emissions from non-core activities listed in Env-A 1203.53;

(6) Testing and research activities excluded under Env-A 1201.04(d).

(c) VOC-emitting processes and devices, unless a prior extension of compliance as provided in 40 CFR 63, Subpart D, has been granted, shall be exempt from the provisions of Env-A 1222.02 and Env-A 1222.03 provided that the total VOC emissions to the atmosphere from such equipment are reduced, on a daily basis, to a percentage equal to or greater than the percentage of hazardous air pollutants, excluding particulate matter hazardous air pollutants, required to be reduced in the applicable subpart under 40 CFR 61 or 40 CFR 63.

(d) Control option 3 in Env-A 1222.02(a)(3) shall be applicable only to the unclassifiable coating processes of RACT-applicable multicategory or miscellaneous stationary VOC sources.

(e) Control option 4 in Env-A 1222.02(a)(4) shall be applicable only to the classifiable components of RACT-applicable multicategory stationary VOC sources.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; amd by #10145, eff 6-19-12; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1222.02 Compliance Options for Miscellaneous and Multicategory Stationary VOC Sources {#sec-env-a-1222.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1222.02}

(a) VOC emissions from miscellaneous or multicategory stationary VOC sources meeting the applicability criteria in Env-A 1222.01 and not explicitly exempted by that section shall be controlled using one of the following control options:

(1) Control option 1 shall consist of the installation and operation of capture and control systems that result in a facility-wide reduction in the actual uncontrolled VOC emission rate to the atmosphere, calculated as a 24-hour calendar day average, of at least 81%, as determined by dividing the difference between the facility-wide uncontrolled VOC emissions from all non-exempt processes and the facility-wide VOC emissions after controls from all non-exempt processes by the facility-wide uncontrolled VOC emissions from all non-exempt processes;

(2) Control option 2 shall consist of a program to reduce VOC use and emissions that is implemented such that the actual VOC emission rate does not exceed 20% of the actual VOC emission rate in calendar year 1990, or alternative year required pursuant to Env-A 1222.04, below, calculated on either:

a. A mass of VOC per mass of solids basis if the affected VOC-emitting process(es) or device(s) applies surface coatings; or

b. A mass of VOC per unit of production basis;

(3) Control option 3 shall consist of:

a. Limiting the daily weighted average VOC emission rate from any unclassifiable coating process or device to 0.40 kg VOC/l, equivalent to 3.5 lb VOC/gallon, of coating, as applied, excluding water and exempt compounds, as calculated using the procedure described in Env-A 804.06; and

b. Complying with the provisions of (1) or (2) above, or (4) or (5) below, where applicable, for the unclassifiable non-coating and classifiable components of the source;

(4) Control option 4 shall consist of:

a. Complying with the provision(s) in Env-A 1206.01 through Env-A 1221.06 for each classifiable component of a multicategory source, whichever provision(s) are relevant, irrespective of whether the component meets the relevant applicability criteria for the relevant classifiable category;

b. Complying with the provisions of (1), (2), or (3) above, or (5) below, where applicable, for the unclassifiable components of the source;

c. Complying with the applicable provisions of Env-A 1206.01 through Env-A 1221.06, regardless of the option in this paragraph chosen by the source owner of operator, for all RACT-applicable classifiable components of the source; or

(5) Control option 5 shall consist of the implementation of a department and EPA-approvable plan, issued as a RACT order, pursuant to the provisions of Env-A 1205.03 and Env-A 1205.06.

(b) VOC emissions from RACT-applicable classifiable processes or devices at miscellaneous stationary VOC sources meeting the applicability criteria of Env-A 1222.01 shall be subject to the control requirements of the particular sections of this chapter pertaining to the appropriate classifiable process or device.

(c) VOC emissions from RACT-applicable classifiable processes or devices at multicategory stationary VOC sources adopting control option 4 shall be subject to the control requirements of the particular sections of this chapter pertaining to the appropriate classifiable process or device.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1222.03 Documentation Required for Miscellaneous and Multicategory Stationary VOC Sources {#sec-env-a-1222.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1222.03}

(a) The following documentation shall be submitted to the department by the owner or operator of all applicable sources subject to the requirements of Env-A 1222.02, regardless of the control option selected:

(1) An inventory of all VOC-emitting processes or devices at the source;

(2) An inventory of all VOC-emitting processes or devices at the source not exempt under the applicable provisions of Env-A 1201.04;

(3) The maximum capacity of each affected VOC-emitting process or device to emit VOCs at the source not exempt under the applicable provisions of Env-A 1201.04; and

(4) The daily average of actual VOCs emitted, based on solvent throughput or units of production, for each RACT-applicable VOC-emitting process or device at the source for the following time periods:

a. Calendar year 1990, or alternative calendar year or consecutive 12-month period required pursuant to Env-A 1222.04; and

b. The ozone season of calendar year 1990, or alternative calendar year required pursuant to Env-A 1222.04.

(b) The owner or operator of a source that adopts control option 1 shall submit to the department, in addition to the documentation required in (a), above, a detailed description of the capture and control system proposed.

(1) A calculation of the daily weighted average amount of VOCs emitted to the atmosphere each day during which the facility or VOC-emitting process or device operated, stated in terms of either:

a. A mass of VOC emitted per quantity of solids basis; or

b. A mass of VOC emitted on a per unit of production basis; and

(2) A calculation of the average amount of VOCs anticipated to be emitted to the atmosphere each day during which the VOC-emitting process(es) or device(s) operates upon implementation of control option 1, stated in terms of either:

a. A mass of VOC emitted per quantity of solids basis; or

b. A mass of VOC emitted on a per unit of production basis.

(d) The owner or operator of a source that adopts control option 3 shall submit to the department a calculation of the daily weighted average amount of VOCs anticipated to be emitted to the atmosphere each day during which VOC-emitting processes or devices operate upon implementation of the control option. The daily weighted average VOC shall be stated in terms of a mass of VOC emitted per quantity of liquid coating, as applied and calculated in accordance with the procedure described in Env-A 804.06.

(e) The owner or operator of a source that adopts control option 5 shall submit to the department documentation pursuant to the RACT order process, as specified in Env-A 1205.03(c) and (d).

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

N.H. Code Admin. R. Ann. Env-A 1222.04 Alternative Time Periods for Miscellaneous and Multicategory Stationary VOC Sources {#sec-env-a-1222.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1222.04}

The department shall approve an alternative time period pursuant to Env-A 1222.02(a)(2) or Env-A 1222.03(a)(4) for which the source provides a demonstration that the applicable time periods specified therein are unrepresentative of the operation of the facility due to one or more of the following reasons:

(a) Add-on controls were installed during the calendar year 1990, or during the 1990 ozone season, whichever is applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;

(b) Process or product changes were implemented during the calendar year 1990, or during the 1990 ozone season, whichever is applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;

(c) The facility was not in existence or the applicable VOC-emitting processes or devices were not operational during any portion of calendar year 1990, or during any portion of the 1990 ozone season, whichever is applicable; or

(d) Any other reason that the department, using EPA-approved methods and procedures as specified in 40 CFR § 51.165, determines is adequate to demonstrate that VOC emissions for calendar year 1990, or the 1990 ozone season, whichever is applicable, were unrepresentative of normal VOC-emitting facility operations.

Appendix A: State Statute(s) and Federal Statute(s) and Regulation(s) Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute(s) and Regulation(s) Implemented

Env-A 1201.01 - 1201.03(c)

RSA 125-C:4, I(a)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Env-A 1201.03(d)

RSA 125-C:4, I(a) & (n);

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c), & §7511c

Env-A 1201.04 – 1204.32

RSA 125-C:4, I(a)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Env-A 1204.33

RSA 125-C:4, I(a) & (n)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Env-A 1204.34 -1220

RSA 125-C:4, I(a)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Env-A 1221.01 & 1221.02

RSA 125-C:4, I(a) & (n)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Env-A 1221.03 - 1222

RSA 125-C:4, I(a)

RSA 125-C:6, II

42 U.S.C. §7410, §7502(c) & §7511c

Appendix B: Incorporation By Reference Information

Rule

Title (Date)

Obtain at:

Env-A 1217.06(b)

EVALUATION OF VAPOR LEAKS AND DEVELOPMENT OF MONITORING

PROCEDURES FOR GASOLINE TANK TRUCKS AND VAPOR PIPING

Document number EPA-450/3-79-018; April, 1979

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Research Triangle Park, NC 27711

Free online at:

https://nepis.epa.gov/EPA/html/DLwait.htm?url=/Exe/ZyPDF.cgi/91010OB9.PDF?Dockey=91010OB9.PDF

Appendix C: Federal Definitions

40 CFR 60.721(a):

Business machine means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information, or convert sound into electrical impulses for transmission, such as:

(1) Products classified as typewriters under SIC Code 3572;

(2) Products classified as electronic computing devices under SIC Code 3573;

(3) Products classified as calculating and accounting machines under SIC Code 3574;

(4) Products classified as telephone and telegraph equipment under SIC Code 3661;

(5) Products classified as office machines, not elsewhere classified, under SIC Code 3579; and

(6) Photocopy machines, a subcategory of products classified as photographic equipment under SIC code 3861.

History

(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; ss by #12899, eff 10-17-19

Chapter Env-A 1300 NITROGEN OXIDES (NOx) REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

Part Env-A 1301 Purpose, Applicability, Exemptions, and References

N.H. Code Admin. R. Ann. Env-A 1301.01 Purpose {#sec-env-a-1301.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1301.01}

The purpose of this chapter is to establish reasonably available control technology (RACT) standards for certain NOx-emitting sources located in New Hampshire, to comply with sections 172(c)(1) and 182(f) of the Clean Air Act (Act).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1301.02 Applicability {#sec-env-a-1301.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1301.02}

(a) The requirements in Env-A 1300, as effective on October 31, 2010, shall not relieve any source that was subject to any version of Env-A 1211 in effect from May 20, 1994 through October 30, 2010 from its obligation to have been in compliance with applicable rules then in effect.

(b) Utility boiler(s) shall be subject to the requirements of Env-A 1303 if the combined maximum heat input rate of such boiler(s) exceeds 50 million British Thermal units (Btu) per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(c) Steam electric boiler(s) shall be subject to the requirements of Env-A 1304 if the combined maximum heat input rate of such boiler(s) exceeds 50 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(d) Industrial boiler(s) shall be subject to the requirements of Env-A 1305 if the combined maximum heat input rate of such boiler(s) exceeds 50 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(e) Stationary combustion turbine(s), except for stationary combustion turbines used as emergency generators, shall be subject to the requirements of Env-A 1306, if the combined theoretical potential emissions from all devices and processes located at the stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(f) Stationary internal combustion engine(s), except for stationary internal combustion engines used as emergency generators, shall be subject to the requirements of Env-A 1307 if the combined maximum heat input rate of such engine(s) exceeds 4.5 million Btu per hour at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(g) Asphalt plant rotary dryer(s) shall be subject to the requirements of Env-A 1308 if the combined maximum heat input rate of such dryer(s) exceeds 26.2 million Btu per hour at any time after December 31, 1989.

(h) Incinerator(s), except for incinerators combusting sewage sludge, shall be subject to the requirements of Env-A 1309 if the combined processing capacity of such incinerator(s) exceeds 85 tons per day or more of waste at any time after December 31, 1989.

(i) Wallboard dryer(s), calcining mill(s), calciner(s), and gypsum rock dryer(s) shall be subject to the requirements of Env-A 1310 if the combined theoretical potential emissions of such wallboard dryer(s), calcining mill(s), calciner(s), and gypsum rock dryer(s) equal or exceed 50 tons per calendar year of NOx at any time after December 31, 1989 and the permitting applicability levels specified in Env-A 607.01 are met.

(j) If the combined theoretical potential emissions from all devices and processes located at a stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989, all stationary internal combustion engines or stationary combustion turbines used as emergency generators at that source which meet the permitting applicability levels specified in Env-A 607.01 shall be subject to the requirements of Env-A 1311 unless:

(1) All such emergency generators are limited to less than 500 hours of operation during any consecutive 12-month period; and

(2) The combined theoretical potential emissions of NOx from all such emergency generators are limited to less than 25 tons for any consecutive 12-month period by permit conditions.

(k) Auxiliary boiler(s) shall be subject to the requirements of Env-A 1312 if the combined theoretical potential emissions from all devices and processes located at the stationary source exceed 50 tons per calendar year of NOx at any time after December 31, 1989.

(l) Any miscellaneous stationary source at a stationary source having combined theoretical potential emissions from all devices and processes which equal or exceed 50 tons per calendar year of NOx at any time after December 31, 1989 shall be subject to the requirements of Env-A 1313, except for NOx-emitting devices that have implemented Best Available Control Technology (BACT) for NOx, or Lowest Achievable Emission Rate (LAER) for NOx at any time after December 31, 1989 pursuant to a federally enforceable permit. Any device or group of devices at a stationary source which meet the applicability criteria of (b) through (k), above, shall be subject to the requirements of the applicable parts.

(m) Any stationary source having combined theoretical potential emissions of 50 tons or more of NOx during any consecutive 12-month period but whose actual NOx emissions have not equaled or exceeded 50 tons during any consecutive 12-month period since January 1, 1989, shall be subject to the requirements of this chapter, unless the following requirements are met:

(1) The combined actual NOx emissions from NOx emitting devices or processes are limited to less than 50 tons during any consecutive 12-month period by an enforceable permit or consent decree; and

(2) The source has been and remains in compliance with the emission limit or operating conditions specified in a:

a. Permit issued by the department or by EPA;

b. Consent decree entered into with the department or EPA; or

c. Court order.

(n) Once a stationary source becomes subject to the requirements of this chapter, the source shall remain subject to these requirements even if emissions subsequently fall below the applicability levels specified in (b) through (l), above.

(o) If a stationary source fails to comply with the emission limit or operating conditions of a permit or consent decree, or court order referred to in (m), above, the source shall immediately become subject to the applicable requirements of this chapter.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1301.03 Exemptions {#sec-env-a-1301.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1301.03}

The following sources shall be exempt from this chapter:

(a) Any stationary source having combined theoretical potential emissions of less than 50 tons of NOx during any consecutive 12-month period since January 1, 1989;

(b) Temporary boilers that have theoretical potential emissions of less than 50 tons of NOx during any consecutive 12-month period; and

History

#12584, eff 8-15-18

Part Env-A 1302 Definitions

N.H. Code Admin. R. Ann. Env-A 1302.01 Actual mole ratio {#sec-env-a-1302.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.01}

“Actual mole ratio” means the measured number of moles of one chemical divided by the measured number of moles of a second chemical in the same chemical system.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.02 Add-on control {#sec-env-a-1302.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.02}

“Add-on control” means a device or process used to collect, remove, convert, or destroy gaseous NOx pollutants resulting from the combustion of fuel or waste before these pollutants are released into the ambient air.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.03 Asphalt {#sec-env-a-1302.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.03}

“Asphalt” means a dark-brown to black cementitious material that is solid, semi-solid, or liquid in consistency, in which the primary constituents are bitumens which occur in nature as such or are obtained as residue in refining petroleum.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.04 Auxiliary boiler {#sec-env-a-1302.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.04}

“Auxiliary boiler” means a boiler operated to provide steam and house heat only when the primary steam or power source for a facility is not available for use. The term does not include emergency generators or load shaving units.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.05 Auxiliary fuel {#sec-env-a-1302.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.05}

“Auxiliary fuel” means fuel, other than waste materials, used in an incinerator or resource recovery facility to attain temperatures sufficiently high enough to dry and ignite waste materials, to maintain ignition, or to drive the complete combustion of combustible solids, vapors, or gaseous substances, or any combination thereof.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.06 Classifiable process or device {#sec-env-a-1302.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.06}

“Classifiable process or device” means any process or device that emits NOx and is included in one of the categories listed in Env-A 1301.02(b) through (k), but is not subject to the requirements of Env-A 1303 through Env-A 1312 because such process or device falls below the applicability threshold.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.07 Coal {#sec-env-a-1302.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.07}

“Coal” means all solid fuels classified as anthracite, bituminous, lignite, or subbituminous according to the ASTM Standard Classification of Coals by Rank, ASTM D 388, coal refuse, and petroleum coke. The term includes coal-derived synthetic fuels, including but not limited to solvent refined coal, gasified coal, coal-oil mixtures, and coal-water mixtures.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.08 Cogeneration facility {#sec-env-a-1302.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.08}

“Cogeneration facility” means a facility that generates steam for the purpose of supplying heat or energy to a manufacturing process in the host facility, and power for sale to an electric utility.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.09 Coke {#sec-env-a-1302.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.09}

“Coke” means a fused, cellular, porous structure that remains after free moisture and the major portion of the volatile materials have been distilled from bituminous coal and other carbonaceous material by the application of heat in the absence of air or in the presence of a limited supply of air.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.10 Combined cycle combustion turbine {#sec-env-a-1302.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.10}

“Combined cycle combustion turbine” means any stationary gas or oil-fired turbine which recovers heat from the turbine exhaust gases to heat water or generate steam.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.11 Commercial fuel {#sec-env-a-1302.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.11}

“Commercial fuel” means solid, liquid, or gaseous fuel normally produced or manufactured, and sold for the purpose of creating useful heat or mechanical energy.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.12 Compression ignition {#sec-env-a-1302.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.12}

“Compression ignition” means an ignition process used in a stationary internal combustion engine that is not a spark ignition process, as defined in Env-A 1302.47, below.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.13 Cyclone firing {#sec-env-a-1302.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.13}

“Cyclone firing” means a fuel-firing process using one or more horizontal cylinders to burn fuel under conditions of high rates of heat release, low rates of heat absorption by the cylinder walls, with centrifugal action imparted to the fuel particles by air entering the cylinder. The combustion gases exiting from the cylinders turn 90 degrees to go up through the boiler. The horizontal cylinders are attached to the bottom of the furnace with one or more of the cylinders arranged on one furnace wall or on 2 opposed furnace walls.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.12)

N.H. Code Admin. R. Ann. Env-A 1302.14 Dry bottom {#sec-env-a-1302.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.14}

“Dry bottom” means the boiler has a furnace bottom temperature below the ash melting point, and the bottom ash is removed as a solid.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.13)

N.H. Code Admin. R. Ann. Env-A 1302.15 Electric generating utility {#sec-env-a-1302.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.15}

“Electric generating utility” means a utility which is regulated by the public utilities commission and which generates electricity for sale.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.14)

N.H. Code Admin. R. Ann. Env-A 1302.16 Emergency generator {#sec-env-a-1302.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.16}

“Emergency generator” means “emergency generator” as defined in Env-A 103.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.15)

N.H. Code Admin. R. Ann. Env-A 1302.17 Emergency {#sec-env-a-1302.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.17}

“Emergency” means an unforeseeable condition that is beyond the control of the owner or operator of an emergency generator that:

(a) Results in an interruption of electrical power from the electricity supplier to the premises;

(b) Requires an interruption of electrical power from the electricity supplier to the premises in order to enable the owner or operator to repair damage from fire, flood, or any other catastrophic event, natural or man-made; or

(c) Requires operation of an emergency generator to minimize damage from fire, flood, or any other catastrophic event, natural or man-made.

History

#12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.18 Face firing {#sec-env-a-1302.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.18}

“Face firing” means a furnace firing design in which the burners are mounted in an array on one or more vertical walls, including:

(a) Opposed firing, where the burners are mounted on 2 opposite walls; and

(b) Single-wall firing, where the burners are mounted on only one wall.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.17)

N.H. Code Admin. R. Ann. Env-A 1302.19 Fuel-bound nitrogen {#sec-env-a-1302.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.19}

“Fuel-bound nitrogen” means the nitrogen content, in weight fraction, of the fuel.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.18)

N.H. Code Admin. R. Ann. Env-A 1302.20 Gas or gaseous fuel {#sec-env-a-1302.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.20}

“Gas or gaseous fuel” means natural gas, liquid petroleum gas, or gaseous substances produced synthetically from coal or oil, or derived from the decomposition of organic matter, or derived as a by-product of a manufacturing process, and which can be used to create useful heat or mechanical energy, or a combination thereof.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.19)

N.H. Code Admin. R. Ann. Env-A 1302.21 Industrial boiler {#sec-env-a-1302.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.21}

“Industrial boiler” means a steam generating unit that generates steam to supply power or heat or both to an industrial, institutional, or commercial operation, excluding boilers used by electric utilities, small power producers, and cogenerators to generate electricity.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.20)

N.H. Code Admin. R. Ann. Env-A 1302.22 Internal combustion engine {#sec-env-a-1302.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.22}

“Internal combustion engine” means any engine in which power, produced by heat or pressure or both, is developed in the engine cylinder(s) by burning a mixture of air and fuel and is subsequently converted to mechanical work by means of one or more pistons.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.21)

N.H. Code Admin. R. Ann. Env-A 1302.23 Lean burn engine {#sec-env-a-1302.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.23}

“Lean burn engine” means “lean burn engine” as defined in 40 CFR 60, Subpart JJJJ, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.22)

N.H. Code Admin. R. Ann. Env-A 1302.24 Limited at all times {#sec-env-a-1302.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.24}

“Limited at all times” means that the NOx emissions of a source or device does not exceed the prescribed NOx emission limit over the averaging time specified in the applicable section of this part during the entire period of time that the source or device operates.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.23)

N.H. Code Admin. R. Ann. Env-A 1302.25 Liquid petroleum gas {#sec-env-a-1302.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.25}

“Liquid petroleum gas” means a flammable mixture of hydrocarbon gases derived from petroleum refining or natural gas processing that meets the ASTM Standard Specification for Liquid Petroleum Gases, D1835-97.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.24)

N.H. Code Admin. R. Ann. Env-A 1302.26 Load shaving unit {#sec-env-a-1302.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.26}

“Load shaving unit” means a device that operates for other than an emergency to generate electricity for sale or use on-site, including but not limited to stationary combustion turbines or stationary internal combustion engines.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.25)

N.H. Code Admin. R. Ann. Env-A 1302.27 Low-NOx emitting process {#sec-env-a-1302.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.27}

“Low-NOx emitting process” means a process that results in NOx emission reductions which constitute NOx RACT as approved by the division and EPA pursuant to Env-A 1314.05.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.26)

N.H. Code Admin. R. Ann. Env-A 1302.28 Manufacturing process {#sec-env-a-1302.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.28}

“Manufacturing process” means any process directly related to the manufacturing of intermediate or finished goods or supplies, or any combination thereof, whose operations result in pollutant emissions to the ambient air from process or manufacturing equipment or machinery directly or through exhaust or ventilating systems, including elevated stacks.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.27)

N.H. Code Admin. R. Ann. Env-A 1302.29 Maximum allowable emission rate {#sec-env-a-1302.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.29}

“Maximum allowable emission rate” means the maximum amount of an air contaminant which is allowed to be emitted into the ambient air during a prescribed interval of time.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.28)

N.H. Code Admin. R. Ann. Env-A 1302.30 Maximum heat input rate {#sec-env-a-1302.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.30}

“Maximum heat input rate” means the maximum steady state fuel firing rate, in Btu per hour of gross heat input, of fuel burning equipment as determined in the design rating of the equipment manufacturer and the characteristics of the fuel-burning devices.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.29)

N.H. Code Admin. R. Ann. Env-A 1302.31 Miscellaneous stationary source {#sec-env-a-1302.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.31}

“Miscellaneous stationary source” means that portion of a stationary source, as defined in Env-A 105, consisting of devices and processes that are:

(a) Unclassifiable; or

(b) Classifiable.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.30)

N.H. Code Admin. R. Ann. Env-A 1302.32 Mole {#sec-env-a-1302.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.32}

“Mole” means the specific amount of chemical substance in a system proportional to its number of molecules, calculated as the mass of the chemical divided by its molecular weight.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.31)

N.H. Code Admin. R. Ann. Env-A 1302.33 Natural gas {#sec-env-a-1302.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.33}

“Natural gas” means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth's surface, of which the principal constituent is methane.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.32)

N.H. Code Admin. R. Ann. Env-A 1302.34 Nitrogen oxides (NOx) {#sec-env-a-1302.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.34}

“Nitrogen oxides (NOx)” means all oxides of nitrogen, except nitrous oxide, as measured in accordance with test methods specified in Env-A 800 and approved by EPA.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.35)

N.H. Code Admin. R. Ann. Env-A 1302.35 Normalized stoichiometric ratio (NSR) {#sec-env-a-1302.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.35}

“Normalized stoichiometric ratio (NSR)” means the actual mole ratio of urea to NOx divided by the theoretical stoichiometric ratio, which is 0.5 for the reaction between urea and NOx.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.33)

N.H. Code Admin. R. Ann. Env-A 1302.36 NOx control technique {#sec-env-a-1302.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.36}

“NOx control technique” means a system, design modification, or use of equipment and technology to reduce NOx emissions to the ambient air from NOx-emitting devices or processes, including combustion modifications, low-NOx burners, overfire air systems, low excess air systems, flue gas recirculation, natural gas reburn, burners out of service, fuel switching, selective catalytic reduction, selective non-catalytic reduction, or other device or procedure approved pursuant to Env-A 1315.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1202.34)

N.H. Code Admin. R. Ann. Env-A 1302.37 Ozone season {#sec-env-a-1302.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.37}

“Ozone season” means the period between March 1 and September 30, inclusive.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.36)

N.H. Code Admin. R. Ann. Env-A 1302.38 RACT order {#sec-env-a-1302.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.38}

“RACT order” means a written order, providing for inventories and emission limits for NOx-emitting devices or processes and RACT-compliance procedures and schedules, issued by the division to a miscellaneous stationary source or a stationary source seeking alternative RACT emission limits pursuant to Env-A 1314.04.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.39 Rated brake horsepower (bhp) {#sec-env-a-1302.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.39}

“Rated brake horsepower (bhp)” means the brake horsepower rating specified by the manufacturer and listed on the nameplate.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.40 Regenerative cycle combustion turbine {#sec-env-a-1302.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.40}

“Regenerative cycle combustion turbine” means any stationary gas or oil-fired turbine that recovers heat from the turbine exhaust gases to preheat inlet combustion air to the turbine.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.41 Repowering {#sec-env-a-1302.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.41}

“Repowering” means the replacement or conversion of an existing emissions unit with a new or converted unit which results in lower emission rates of NOx.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.42 Rich burn engine {#sec-env-a-1302.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.42}

“Rich burn engine” means “rich burn engine” as defined in 40 CFR 60 subpart JJJJ, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.43 Simple cycle combustion turbine {#sec-env-a-1302.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.43}

“Simple cycle combustion turbine” means any stationary gas or oil-fired turbine that does not recover heat from the turbine exhaust gases to preheat the inlet combustion air to the turbine, heat water, or generate steam.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.44 Shaker grate {#sec-env-a-1302.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.44}

“Shaker grate” means a grate that mechanically oscillates or vibrates during loading of solid fuel to assist in the introduction of the fuel into the combustion zone, and in removing accumulation of fuel particle deposits on the grate surface. The term includes vibrating grate.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.45 Small power production facility {#sec-env-a-1302.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.45}

“Small power production facility” means a power production facility that is designed for or capable of operating at a capacity of less than 30 megawatts and is not a cogeneration facility.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.46 Spark ignition {#sec-env-a-1302.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.46}

“Spark ignition” means “spark ignition” as defined in 40 CFR 60, subpart IIII, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.47 Stationary combustion turbine {#sec-env-a-1302.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.47}

“Stationary combustion turbine” means any simple cycle combustion turbine, regenerative cycle combustion turbine, or any combustion turbine portion of a combined cycle steam/ electric generating system that is not self-propelled, but which can be mounted on a vehicle for portability.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.46)

N.H. Code Admin. R. Ann. Env-A 1302.48 Stationary grate {#sec-env-a-1302.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.48}

“Stationary grate” means a grate that is permanently affixed during normal boiler operation.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.47)

N.H. Code Admin. R. Ann. Env-A 1302.49 Stationary internal combustion engine {#sec-env-a-1302.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.49}

“Stationary internal combustion engine” means “stationary internal combustion engine” as defined in 40 CFR 60, subpart IIII, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.48)

N.H. Code Admin. R. Ann. Env-A 1302.50 Steam electric boiler {#sec-env-a-1302.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.50}

“Steam electric boiler” means a steam generating unit, as defined in Env-A 1302, that is constructed and operated for the purpose of supplying more than one-third of its potential electrical output to any utility power distribution system for sale which is located at a cogeneration or small power production facility.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.49)

N.H. Code Admin. R. Ann. Env-A 1302.51 Steam generating unit {#sec-env-a-1302.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.51}

“Steam generating unit” means a device that combusts any fuel to produce steam or to heat water or any other heat transfer medium.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.50)

N.H. Code Admin. R. Ann. Env-A 1302.52 Stoker {#sec-env-a-1302.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.52}

“Stoker” means a furnace design that incorporates a feeding mechanism, fuel distribution, and ash residue collection system for the purpose of introducing solid fuel into the combustion zone of the furnace by feeding the fuel onto a grate.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.51)

N.H. Code Admin. R. Ann. Env-A 1302.53 Tangential firing {#sec-env-a-1302.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.53}

“Tangential firing” means a boiler firing design where the burners and air nozzles are mounted in each corner of the furnace chamber where the vertical furnace walls meet. Both the fuel and air are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the furnace.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.52)

N.H. Code Admin. R. Ann. Env-A 1302.54 Temporary boiler {#sec-env-a-1302.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.54}

“Temporary boiler” means “temporary boiler” as defined in 40 CFR 63, subpart JJJJJJ, as reprinted in Appendix B.

History

#12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1302.55 Theoretical potential emissions {#sec-env-a-1302.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.55}

“Theoretical potential emissions” means the quantity of nitrogen oxides that could be emitted by a source, prior to the application of add-on controls, based on either of the following:

(a) Continuous operation of 8760 hours per year at the maximum heat input rate of the source; or

(b) Hours of operation, process conditions, or both that are limited by the conditions of a federally enforceable permit.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.53)

N.H. Code Admin. R. Ann. Env-A 1302.56 Traveling grate {#sec-env-a-1302.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.56}

“Traveling grate” means a grate designed to move at a constant velocity during the loading of solid fuel to assist in the introduction of fuel into the combustion zone.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.54)

N.H. Code Admin. R. Ann. Env-A 1302.57 Unclassifiable process or device {#sec-env-a-1302.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.57}

“Unclassifiable process or device” means any process or device that emits NOx but is not included in any of the categories listed in Env-A 1301.02(b) through (l).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.55)

N.H. Code Admin. R. Ann. Env-A 1302.58 Utility boiler {#sec-env-a-1302.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.58}

“Utility boiler” means a steam generating unit that is constructed and operated for the purpose of supplying more than one-third of its potential electrical output capacity to any utility power distribution system for sale, except for steam electric boilers, as defined in Env-A 1302.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.56)

N.H. Code Admin. R. Ann. Env-A 1302.59 Wet bottom {#sec-env-a-1302.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.59}

“Wet bottom” means the boiler has a furnace bottom temperature above the ash melting point and the bottom ash is removed as a liquid.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1302.57)

Part Env-A 1303 Utility Boilers

N.H. Code Admin. R. Ann. Env-A 1303.01 Applicability {#sec-env-a-1303.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.01}

All utility boilers meeting the applicability criteria of Env-A 1301.02(b) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1303.02 Definitions: Startup, Shutdown, and Low-Load Operation Periods {#sec-env-a-1303.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.02}

For purposes of this part, the following definitions shall apply:

(1) “Startup” means the period beginning when fuel is first fired in a boiler and ending when the ammonia injection permissive temperature is met in the selective catalytic reduction (SCR);

(2) “Shutdown” means the period beginning when the SCR temperature first drops below the ammonia injection permissive temperature and ending when fuel is no longer fired in the boiler; and

(3) “Low-load operation” means the operation of a boiler during relative accuracy test audits, conducted pursuant to 40 CFR 75, Appendix A, section 6.5, at load levels that result in flue gas temperature at the SCR inlet below the SCR functioning temperature.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18; ss by #13581, eff 3-21-23

N.H. Code Admin. R. Ann. Env-A 1303.03 Work Practice Standard; Performance Tune-Ups {#sec-env-a-1303.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.03}

The owner or operator of one or more utility boiler(s) having a heat input rate of at least 5 million Btu per hour but less than 50 million Btu per hour per boiler shall, at least once every 12 months:

(a) Conduct a performance tune-up on each such boiler:

(1) Using the procedures specified in 40 CFR 63, Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources, or 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters;

(2) Burning the type of fuel, or fuels in the case of boilers that routinely burn two types of fuels at the same time, that provide the majority of the heat input to the boiler over the 12 months prior to the tune-up; and

(3) Within 30 days of startup, if the unit is not operating on the date by which a tune-up is required; and

(b) Perform gaseous concentration measurements for each such boiler in accordance with NOx RACT testing, as specified in Env-A 800.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1303.04 Recordkeeping: Performance Tune-Ups; Startup, Shutdown, or Low-Load Operation {#sec-env-a-1303.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.04}

(a) The owner or operator of one or more utility boiler(s) with a heat input rate of at least 5 million Btu per hour but less than 50 million Btu per hour per boiler shall maintain, in a format that can be retained unaltered for the time period specified in Env-A 902, the following information for each performance tune-up:

(1) The identification of the boiler;

(2) The date(s) on which the tune-up was conducted;

(3) The name(s), title(s), and affiliation(s) of the individual(s) who conducted the tune-up;

(4) The concentrations of NOx in the effluent stream, in parts-per-million by volume, (ppmv), measured at high fire or typical operating load, before and after the tune-up of the boiler;

(5) The concentration of CO in the effluent stream, in ppmv, and oxygen in volume percent, measured at high fire or typical operating load, before and after the tune-up of the boiler;

(6) A description of any corrective actions taken as a part of the tune-up of the boiler; and

(7) For boilers capable of using more than one type of fuel, the fuel burned in the boiler during the tune-up and the type and amount of fuel used over the 12 months prior to the tune-up, provided that for units sharing a fuel meter, the allocation of fuel between those units may be estimated.

(b) Concentration measurements may be taken by either a dry or wet basis, provided that:

(1) The same basis is used before and after the tune-up; and

(2) All gases are measured using the same basis.

(c) The owner or operator of a wet-bottom utility boiler firing coal shall record each startup, shutdown, or low-load operation as follows:

(1) The start and end date(s) of each occurrence;

(2) The amount of time spent in each mode of operation; and

(3) The actual NOx emissions in tons per day, to demonstrate compliance with Env-A 1303.06.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.03); ss by #13581, eff 3-21-23

N.H. Code Admin. R. Ann. Env-A 1303.05 RACT Requirements {#sec-env-a-1303.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.05}

Each utility boiler having a heat input rate of at least 50 million Btu per hour shall comply with the applicable NOx RACT requirements specified in Env-A 1303.06 through Env-A 1303.08.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.04)

N.H. Code Admin. R. Ann. Env-A 1303.06 RACT Requirements: Wet-Bottom Utility Boilers Firing Coal {#sec-env-a-1303.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.06}

The NOx RACT requirements for wet-bottom utility boilers firing coal, whether by itself or in combination with any other fuel(s) shall be as follows:

(a) For tangential or face-fired boilers, an emission limit of 1.0 lb. per million Btu, based on a 24-hour calendar day average;

(b) For cyclone-fired boilers having a maximum nameplate capacity of less than 320 megawatts and equipped with a SCR system an emission limit of:

(1) 0.22 lb. per million Btu, based on a 24-hour calendar day average, except as provided in (2) below; or

(2) 4.0 tons per day on any calendar day during which a startup, shutdown or low-load operation occurs; and

(c) For cyclone-fired boilers having a maximum nameplate capacity of equal to or greater than 320 megawatts and equipped with a SCR system an emission limit of:

(1) 0.22 lb. per million Btu, based on a 24-hour calendar day average, except as provided in (2) below; or

(2) 11.5 tons per day on any calendar day during which a startup, shutdown or low-load operation occurs.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.05)

N.H. Code Admin. R. Ann. Env-A 1303.07 RACT Requirements: Dry-Bottom Utility Boilers Firing Coal and/or Oil {#sec-env-a-1303.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.07}

For dry-bottom utility boilers that fire, or that are capable of firing, coal or oil, or any combination thereof, the NOx RACT requirements shall be as follows:

(a) For tangential-fired boilers, an emission limit of 0.38 lb. per million Btu, based on a 24-hour calendar day average;

(b) For face-fired boilers, an emission limit of 0.50 lb. per million Btu, based on a 24-hour calendar day average; and

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.06)

N.H. Code Admin. R. Ann. Env-A 1303.08 RACT Requirements: Utility Boilers Firing Oil, Gas, and/or Wood {#sec-env-a-1303.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.08}

(a) For utility boilers that fire, or that are capable of firing, oil or gas, or any combination thereof, the NOx RACT requirements shall be as follows:

(1) For tangential or face-fired boilers when firing exclusively oil, an emission limit of 0.35 lb. per million Btu, based on a 24-hour calendar day average;

(2) For face-fired boilers when firing gas or any combination of oil and gas, an emission limit of 0.25 lb. per million Btu based on a 24-hour calendar day average; and

(3) For tangential-fired boilers when firing gas or any combination of oil and gas, an emission limit of 0.25 lb. per million Btu based on a 24-hour calendar day average.

(b) For boilers that fire gas exclusively, an emission limit of 0.20 lb. per million Btu, based on an hourly average, for tangential or face-fired boilers.

(1) For boilers equipped with a traveling, shaker, or vibrating grate, an emission limit of 0.33 lb. per million Btu, based on a 24-hour calendar day average; and

(2) For boilers equipped with a stationary grate, an emission limit of 0.25 lb. per million Btu, based on a 24-hour calendar day average.

(d) Utility boilers that fire any fuel or combination of fuels excluding coal shall be limited at all times to the equivalent of 3.8 tons of NOx per 24-hour calendar day.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.07)

N.H. Code Admin. R. Ann. Env-A 1303.09 Retiring or Repowering Utility Boilers {#sec-env-a-1303.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1303.09}

Nothing in this chapter shall prohibit the retiring or repowering of a utility boiler at any time after the effective date of this chapter. Utility boilers shall remain subject to the applicable NOx RACT emission limits specified in this chapter, regardless of a decision to retire or repower the boiler.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1303.08)

Part Env-A 1304 Steam Electric Boilers

N.H. Code Admin. R. Ann. Env-A 1304.01 Applicability {#sec-env-a-1304.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1304.01}

All steam electric boilers that meet the applicability criteria of Env-A 1301.02(c) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1304.02 Work Practice Standard; Performance Tune-Ups {#sec-env-a-1304.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1304.02}

The owner or operator of one or more steam electric boiler(s) having a heat input rate of at least 5 million Btu per hour but less than 50 million Btu per hour per boiler shall comply with Env-A 1303.02 and Env-A 1303.03.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1304.03 RACT Requirements {#sec-env-a-1304.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1304.03}

(a) Any steam electric boiler having a heat input rate of at least 50 million Btu per hour but less than 100 million Btu per hour shall comply with the applicable NOx RACT requirements specified in Env-A 1305.03, for the applicable fuel type and fuel-firing design.

(b) Any steam electric boiler having a heat input rate of 100 million Btu per hour or more shall comply with the applicable NOx RACT requirements specified in Env-A 1305.09 for the applicable fuel type and fuel-firing design.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1304.04)

Part Env-A 1305 Industrial Boilers

N.H. Code Admin. R. Ann. Env-A 1305.01 Applicability {#sec-env-a-1305.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.01}

All industrial boilers that meet the applicability criteria of Env-A 1301.02(d) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1305.02 Work Practice Standard; Performance Tune-Ups {#sec-env-a-1305.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.02}

The owner or operator of one or more industrial boiler(s) having a heat input rate of at least 5 million Btu per hour but less than 50 million Btu per hour per boiler shall comply with Env-A 1303.02 and Env-A 1303.03.

History

#12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1305.03 RACT Requirements for Industrial Boilers with Heat Input Rates Less than 100 Million Btu Per Hour {#sec-env-a-1305.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.03}

(a) Any industrial boiler having a heat input rate of at least 50 million Btu per hour but less than 100 million Btu per hour shall comply with the applicable NOx RACT requirements specified in Env-A 1305.04 through Env-A 1305.08.

(b) For purposes of Env-A 1305.05 through Env-A 1305.07, NOx RACT control technology shall be:

(1) The installation, operation, and maintenance of low NOx burners (LNB); or

(2) The installation, operation, and maintenance of air pollution control equipment or an air pollution control process having equivalent or greater NOx removal efficiency as LNB, as approved by the department and EPA as described in Env-A 1315 relative to NOx RACT orders.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.04)

N.H. Code Admin. R. Ann. Env-A 1305.04 RACT Requirements: Dry Bottom Industrial Boilers Firing Coal and/or Oil {#sec-env-a-1305.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.04}

The NOx RACT requirements for dry-bottom industrial boilers that are subject to Env-A 1305.03(a) and fire, or are capable of firing, coal or oil, or any combination thereof, shall be as follows:

(a) For tangential-fired boilers, an emission limit of 0.38 lb. per million Btu, based on a 24-hour calendar day average;

(b) For face-fired boilers, an emission limit of 0.50 lb. per million Btu, based on a 24-hour calendar day average; and

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.05)

N.H. Code Admin. R. Ann. Env-A 1305.05 RACT Requirements: Boilers Firing Oil Exclusively {#sec-env-a-1305.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.05}

The NOx RACT requirements for tangential or face-fired boilers that are subject to Env-A 1305.03(a) and are only capable of firing oil shall be as follows:

(a) For boilers firing No. 2 fuel oil exclusively, an emission limit of 0.12 lb. per million Btu, based on an hourly average; and

(b) For boilers firing No. 4, 5, or 6 fuel oil, or any combination thereof:

(1) An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or

(2) Implement NOx RACT control technology as specified in Env-A 1305.03(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.06)

N.H. Code Admin. R. Ann. Env-A 1305.06 RACT Requirements: Boilers Firing Oil and Gas {#sec-env-a-1305.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.06}

The NOx RACT requirements for tangential or face-fired boilers that are subject to Env-A 1305.03(a) and fire, or are capable of firing, a combination of oil and gas, shall be as follows:

(a) When firing gas exclusively:

(1) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or

(2) Implement NOx RACT control technology as specified in Env-A 1305.03(b);

(b) When firing oil exclusively:

(1) When firing No. 2 fuel oil exclusively, an emission limit of 0.12 lb. per million Btu, based on an hourly average; and

(2) When firing No. 4, 5, or 6 fuel oil, or any combination thereof:

a. An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or

b. Implement NOx RACT control technology as specified in Env-A 1305.04(b); and

(1) When firing gas and No. 2 fuel oil, an emission limit of 0.12 lb. per million Btu, based on an hourly average; and

(2) When firing gas and No. 4, 5, or 6 fuel oil, or any combination thereof:

a. An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or

b. Implement NOx RACT control technology as specified in Env-A 1305.03(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.07)

N.H. Code Admin. R. Ann. Env-A 1305.07 RACT Requirements: Boilers Firing Gas Exclusively {#sec-env-a-1305.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.07}

The NOx RACT requirements for boilers that are subject to Env-A 1305.03(a) and are only capable of firing gas shall be as follows:

(a) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or

(b) Implement NOx RACT control technology as specified in Env-A 1305.03(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.08)

N.H. Code Admin. R. Ann. Env-A 1305.08 RACT Requirements: Boilers Firing Wood {#sec-env-a-1305.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.08}

The NOx RACT requirements for boilers that are subject to Env-A 1305.03(a) and fire wood fuel, or are capable of firing wood fuel, whether alone or in combination with oil, shall be as follows:

(a) For boilers equipped with a traveling, shaker, or vibrating grate, an emission limit of 0.33 lb. per million Btu, based on a 24-hour calendar day average; and

(b) For boilers equipped with a stationary grate, an emission limit of 0.25 lb. per million Btu based on a 24-hour calendar day average.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.09)

N.H. Code Admin. R. Ann. Env-A 1305.09 RACT Requirements for Industrial Boilers with Heat Input Rates of 100 Million Btu Per Hour or More {#sec-env-a-1305.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.09}

(a) Any industrial boiler having a heat input rate of 100 million Btu per hour or more shall comply with the applicable NOx RACT requirements specified in Env-A 1305.10 through Env-A 1305.14.

(b) For purposes of Env-A 1305.12 and Env-A 1305.13, NOx RACT control technology shall be:

(1) The installation, operation, and maintenance of low NOx burners (LNB); or

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.10)

N.H. Code Admin. R. Ann. Env-A 1305.10 RACT Requirements: Wet-Bottom Industrial Boilers Firing Coal {#sec-env-a-1305.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.10}

For wet-bottom boilers that are subject to Env-A 1305.09(a) and fire coal or are capable of firing coal, whether by itself or in combination with any other fuel(s), the NOx RACT requirements shall be as follows:

(a) For tangential or face-fired boilers, an emission limit of 1.0 lb. per million Btu, based on a 24-hour calendar day average; and

(b) For cyclone-fired boilers, an emission limit of 0.92 lb. per million Btu, based on a 24-hour calendar day average.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.11)

N.H. Code Admin. R. Ann. Env-A 1305.11 RACT Requirements: Dry-Bottom Industrial Boilers Firing Coal and/or Oil {#sec-env-a-1305.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.11}

For dry-bottom boilers that are subject to Env-A 1305.09(a) and fire, or are capable of firing, coal or oil, or any combination thereof, the NOx RACT requirements shall be as follows:

(a) For tangential-fired boilers, an emission limit of 0.38 lb. per million Btu, based on a 24-hour calendar day average;

(b) For face-fired boilers, an emission limit of 0.50 lb. per million Btu, based on a 24-hour calendar day average; and

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.12)

N.H. Code Admin. R. Ann. Env-A 1305.12 RACT Requirements: Industrial Boilers Firing Oil and/or Gas {#sec-env-a-1305.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.12}

For boilers that are subject to Env-A 1305.09(a) and fire, or are capable of firing, oil or gas, or any combination thereof, the NOx RACT requirements shall be as follows:

(a) For tangential or face-fired boilers when firing oil exclusively:

(1) An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or

(2) Implement NOx RACT control technology as specified in Env-A 1305.09(b); and

(b) For tangential or face-fired boilers when firing gas, or any combination of oil and gas, an emission limit of 0.25 lb. per million Btu based on a 24-hour calendar day average.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.13)

N.H. Code Admin. R. Ann. Env-A 1305.13 RACT Requirements: Industrial Boilers Firing Gas Exclusively {#sec-env-a-1305.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.13}

For boilers that are subject to Env-A 1305.09(a) and are only capable of firing gas, the NOx RACT requirements shall be as follows:

(a) For tangential or face-fired boilers, an emission limit of 0.10 lb. per million Btu, based on an hourly average; or

(b) Implement NOx RACT control technology as specified in Env-A 1305.09(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.14)

N.H. Code Admin. R. Ann. Env-A 1305.14 RACT Requirements: Boilers Firing Wood {#sec-env-a-1305.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1305.14}

For boilers that are subject to Env-A 1305.09(a) and fire wood fuel, or are capable of firing wood fuel, whether alone or in combination with oil, the NOx RACT requirements shall be as follows:

(a) For boilers equipped with a traveling, shaker, or vibrating grate, an emission limit of 0.33 lb. per million Btu, based on a 24-hour calendar day average; and

(b) For boilers equipped with a stationary grate, an emission limit of 0.25 lb. per million Btu, based on a 24-hour calendar day average.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1305.15)

Part Env-A 1306 Stationary Combustion Turbines

N.H. Code Admin. R. Ann. Env-A 1306.01 Applicability {#sec-env-a-1306.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1306.01}

(a) All stationary combustion turbines meeting the applicability criteria of Env-A 1301.02(e) and not used as load shaving units, shall be subject to Env-A 1306.02 and Env-A 1306.03.

(b) Stationary combustion turbines excluded from Env-A 1301.02(e) because they are used as emergency generators shall be subject to Env-A 1311 in lieu of this part if they meet the applicability criteria of Env-A 1301.02(j).

(c) All stationary combustion turbines that meet the applicability criteria of Env-A 1301.02(e) and are used as load shaving units shall be subject to Env-A 1306.04.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1306.02 Emission Standards for Stationary Combustion Turbines Constructed After May 27, 1999 {#sec-env-a-1306.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1306.02}

A gas-fired turbine constructed after May 27, 1999 shall not exceed an hourly average NOx RACT emission limit of 25 parts per million by volume, dry basis ( ppmvd), corrected to 15% O2, equivalent to 0.092 lb. per million Btu, when operating on gas.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1306.03 Emission Standards for Stationary Combustion Turbines Constructed on or Before May 27, 1999 {#sec-env-a-1306.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1306.03}

Emissions from a stationary combustion turbine that was constructed prior to May 27, 1999 shall be limited at all times to the applicable hourly average NOx RACT emission limits specified below:

(a) For combined and regenerative cycle combustion turbines:

(1) For gas-fired turbines without oil back-up, 42 ppmvd, corrected to 15% O2, or 0.155 lb. per million Btu;

(2) For gas-fired turbines with oil back-up, the more stringent of:

a. When operating on gas, 42 ppmvd, corrected to 15% O2, or 0.155 lb. per million Btu; or

b. When operating on oil, 65 ppmvd, corrected to 15% O2, or 0.253 lb. per million Btu; and

(3) For oil-fired turbines, 65 ppmvd, corrected to 15% O2, or 0.253 lb. per million Btu;

(b) For simple cycle combustion turbines:

(1) For gas-fired turbines without oil back-up, 55 ppmvd, corrected to 15% O2, or 0.203 lb. per million Btu;

(2) For oil-fired turbines, 75 ppmvd, corrected to 15% O2, or 0.292 lb. per million Btu; and

(3) For gas-fired turbines with oil back-up:

a. When operating on gas, 55 ppmvd, corrected to 15% O2, or 0.203 lb. per million Btu; and

b. When operating on oil, 75 ppmvd, corrected to 15% O2, or 0.292 lb. per million Btu.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1306.04 Emission Standards for Stationary Combustion Turbines Used as Load Shaving Units {#sec-env-a-1306.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1306.04}

Stationary combustion turbines used as load shaving units shall not exceed a NOx RACT emission limit of 0.90 lbs per million Btu heat input based on an hourly average for any type of fuel.

History

#12584, eff 8-15-18

Part Env-A 1307 Stationary Internal Combustion Engines

N.H. Code Admin. R. Ann. Env-A 1307.01 Applicability {#sec-env-a-1307.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1307.01}

(a) All stationary internal combustion engines meeting the applicability criteria of Env-A 1301.02(f) and (l) shall be subject to this part.

(b) Stationary internal combustion engines excluded from Env-A 1301.02(f) because they are used as emergency generators shall be subject to Env-A 1311 in lieu of this part if they meet the applicability criteria of Env-A 1301.02(j).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1307.02 Emission Standards for Stationary Internal Combustion Engines Not Subject to New Source Performance Standards {#sec-env-a-1307.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1307.02}

Stationary internal combustion engines that do not meet the applicability criteria of 40 CFR §60.4200 or §60.4230, shall be subject to the hourly average NOx RACT emission limits specified below:

(a) For gas-fired units that are:

(1) Rich burn stationary internal combustion engines, the standard shall be 1.5 grams per rated brake horsepower per hour (bhp-hr); and

(2) Lean burn stationary internal combustion engines, the standard shall be 2.5 grams per bhp-hr; and

(b) For liquid fuel-fired units that are:

(1) Stationary internal combustion engines with a maximum engine power of greater than 560 KW or 750 hp, the standard shall be 6.4 grams per kilowatt-hour (kW-hr); and

(2) Stationary internal combustion engines with a maximum engine power of less than or equal to 560 KW or 750 hp, the standard shall be 4.0 grams per kilowatt-hour (kW-hr).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1307.03 Emission Standards for Stationary Internal Combustion Engines Subject to New Source Performance Standards {#sec-env-a-1307.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1307.03}

Stationary internal combustion engines that meet the applicability criteria of 40 CFR §60.4200 or §60.4230, shall be subject to the following NOx RACT emission limits:

(a) For stationary compression ignition internal combustion engines, compliance with the NOx emission standards for non-emergency engines in 40 CFR §60.4204 and §60.4206 shall constitute compliance with Env-A 1307; and

(b) For stationary spark ignition internal combustion engines, compliance with the NOx emission standards listed for non-emergency engines in 40 CFR §60.4233 through §60.4234 shall constitute compliance with Env-A 1307.

History

#12584, eff 8-15-18

Part Env-A 1308 Asphalt Plant Rotary Dryers

N.H. Code Admin. R. Ann. Env-A 1308.01 Applicability {#sec-env-a-1308.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1308.01}

Any asphalt plant rotary dryer meeting the applicability criteria of Env-A 1301.02(g) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1308.02 Definitions {#sec-env-a-1308.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1308.02}

For the purpose of this part, the following definitions shall apply:

(a) “Batch type asphalt plant” means an asphalt plant where equipment external to the rotary dryer is used to mix the aggregate and asphalt cement or other binder;

(b) “Drum mix type asphalt plant” means an asphalt plant where the asphalt cement or other binder is added to the aggregate while the aggregate is in the rotary dryer; and

(c) “Rotary dryer” means a cylinder which rotates about a fixed axis and through which hot gases are passed for the purpose of removing moisture from solid material.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1308.03 Emission Standards for Asphalt Plant Dryers {#sec-env-a-1308.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1308.03}

Any asphalt plant rotary dryer, whether a batch type asphalt plant or a drum mix type asphalt plant, shall not exceed an hourly average NOx RACT emission limit of 0.12 lb. per ton of asphalt produced, equivalent to 0.429 lb. per million Btu.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

Part Env-A 1309 Incinerators

N.H. Code Admin. R. Ann. Env-A 1309.01 Applicability {#sec-env-a-1309.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1309.01}

All incinerators meeting the applicability criteria of Env-A 1301.02(h) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1309.02 Definitions {#sec-env-a-1309.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1309.02}

For purposes of this part, the following definitions shall apply:

(a) “Startup” means “startup period” as defined in 40 CFR Subpart BBBB, §60.1940, as reprinted in Appendix B.

(b) “Shutdown” means the period beginning when, in order to cease operation, municipal solid waste is no longer fed into the combustor and ending when all municipal solid waste in the combustor has been combusted.

History

#12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1309.03 Emission Standards for Incinerators {#sec-env-a-1309.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1309.03}

(a) Subject to (b), below, an incinerator shall not exceed a 24-hour calendar day average NOx RACT emission limit of 0.53 lb. per million Btu.

(b) Beginning one year after the 2018 effective date of this rule, an incinerator:

(1) Shall not exceed a 24-hour calendar day average NOx RACT emission limit of 150 ppmvd at 7% oxygen, except during days with periods of startup or shutdown; and

(2) During calendar days with periods of startup or shutdown, shall not exceed a 24-hour calendar day average NOx mass emission rate (pounds per hour) calculated as the equivalent of 205 ppmvd at 7% oxygen and the maximum heat input rate for the incinerator (MMBtu per hour).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1309.02)

Part Env-A 1310 Wallboard Manufacturing Facilities

N.H. Code Admin. R. Ann. Env-A 1310.01 Applicability {#sec-env-a-1310.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1310.01}

Any wallboard dryer, calcining mill, calciner, or gypsum rock dryer meeting the applicability criteria of Env-A 1301.02(i) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1310.02 Emission Standards for Wallboard Manufacturing Facilities {#sec-env-a-1310.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1310.02}

(a) Any wallboard dryer, calcining mill, calciner, or gypsum rock dryer shall comply with the applicable NOx RACT requirements specified in Env-A 1310.03 and Env-A 1310.04.

(b) For purposes of Env-A 1310.03 and Env-A 1310.04, NOx RACT control technology shall be:

(1) The installation, operation, and maintenance of low NOx burners (LNB); or

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1310.03 Emission Standards for Wallboard Manufacturing Facilities Firing Natural Gas {#sec-env-a-1310.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1310.03}

For wallboard dryers, calcining mills, calciners, and gypsum rock dryers firing natural gas, the NOx RACT requirements shall be as follows:

(a) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or

(b) Implement NOx RACT control technology as specified in Env-A 1310.02(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1310.04 Emission Standards for Wallboard Manufacturing Facilities Firing Oil {#sec-env-a-1310.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1310.04}

For wallboard dryers, calcining mills, calciners, and gypsum rock dryers firing fuel oil, the NOx RACT requirements shall be as follows:

(a) When firing No. 2 fuel oil:

(1) An emission limit of 0.10 lb. per million Btu, based on an hourly average; or

(2) Implement NOx RACT control technology as specified in Env-A 1310.02(b); and

(b) When firing No. 4, No. 5, or No. 6 fuel oil:

(1) An emission limit of 0.30 lb. per million Btu, based on a 24-hour calendar day average; or

(2) Implement NOx RACT control technology as specified in Env-A 1310.02(b).

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

Part Env-A 1311 Emergency Generators – Stationary Internal Combustion Engines and Stationary Combustion Turbines

N.H. Code Admin. R. Ann. Env-A 1311.01 Applicability {#sec-env-a-1311.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.01}

Emergency generators meeting the applicability criteria of Env-A 1301.02(j) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1311.02 Operating Hours: Limit, Consequences of Exceeding Limit {#sec-env-a-1311.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.02}

(a) Each emergency generator subject to this part shall be limited to less than 500 hours of operation per year during any consecutive 12-month period by an enforceable permit issued by the department.

(b) If the hours of operation of any emergency generator exceed 500 hours for any consecutive 12-month period, then:

(1) The owner or operator of the emergency generator shall notify the department in writing within 10 days of the exceedance; and

(2) The emergency generator shall immediately become subject to the requirements of Env-A 1306 or Env-A 1307, as applicable to the device type and fuel type.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1311.03 Control Requirements for Stationary Combustion Turbines {#sec-env-a-1311.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.03}

The owner or operator of a stationary combustion turbine used as an emergency generator shall:

(a) Adjust the combustion process of the combustion turbine, at least once every 12 months, in accordance with the following:

(1) Inspect the burner, the flame pattern from the burner, and the systems which control the air-to-fuel ratio;

(2) Adjust the air-to-fuel ratio in accordance with the results of the inspections performed;

(3) Determine the effect of the adjustment upon NOx emissions by performing gaseous concentration measurements in accordance with NOx RACT testing, as specified in Env-A 800;

(4) Re-adjust the air-to-fuel ratio based on results of the previous adjustment performed to minimize total NOx emissions; and

(5) Confirm that NOx emissions from the equipment or source operation do not cause an exceedance of any maximum allowable emission rate for NOx or any other state and federally regulated air pollutant;

(b) Maintain, in a format that can be retained unaltered for the time period specified in Env-A 902, the following information:

(1) The date on which the combustion process was last adjusted;

(2) The name, title, and affiliation of the individual who made the adjustments;

(3) The concentration of NOx in the effluent stream, in ppmv measured at high fire or typical operating load, before and after the adjustments are made; and

(4) The concentration of CO in the effluent stream, in ppmv and oxygen in volume percent, measured at high fire or typical operating load, before and after the adjustments are made;

(1) The same basis is used before and after the adjustments are made; and

(2) All gases are measured using the same basis;

(d) Install, operate, and maintain an elapsed time meter for each emergency generator to indicate, in cumulative hours, the elapsed operating time for the previous 12 months; and

(e) Determine the hours of operation for each emergency generator for the previous 12-month period on a monthly basis.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1311.04 Control Requirements for Stationary Internal Combustion Engines Having Manual Adjustment Capabilities {#sec-env-a-1311.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.04}

The owner or operator of a stationary internal combustion engine that is used as an emergency generator and that allows for manual adjustment of the air-to-fuel ratio or ignition timing in order to affect the combustion process, shall:

(a) Set and maintain the ignition timing of the engine 4 degrees retarded relative to standard timing, provided that the ignition timing shall not be retarded beyond the point that:

(1) The CO emission concentration increases beyond 100 ppmv;

(2) The turbocharger speed is increased beyond the maximum operating speed recommended by the manufacturer;

(3) The exhaust port temperature increases beyond the manufacturer's recommended maximum operating temperature; or

(4) The opacity of the emissions from the engine exhaust is equal to or greater than 20% opacity;

(b) Install, operate, and maintain an elapsed time meter for each engine to indicate, in cumulative hours, the elapsed engine operating time for the previous 12 months;

(d) Maintain records to certify that the ignition timing of the engine has been inspected and adjusted at least once every 3 years.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1311.05 Control Requirements and Emission Limits for Stationary Internal Combustion Engines Not Having Manual Adjustment Capabilities {#sec-env-a-1311.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.05}

The owner or operator of a stationary internal combustion engine that is used as an emergency generator and that does not allow for manual adjustment of the air-to-fuel ratio or ignition timing in order to affect the combustion process, shall:

(a) Install, operate, and maintain an elapsed time meter for each engine to indicate, in cumulative hours, the elapsed operating time for the previous 12 months;

(b) Determine the hours of operation for each engine for the previous 12-month period on a monthly basis;

(c) Operate the engine in conformance with the engine manufacturer’s instructions, such as following maintenance and operating requirements to help minimize emissions; and

(d) For engines subject to 40 CFR Part 60, maintain the engine manufacturer’s instructions at the facility so that they are available for review.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1311.06 Calculating Emissions {#sec-env-a-1311.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1311.06}

The emissions from emergency generators shall be included in the calculation of both the actual and theoretical potential emissions from a stationary source.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

Part Env-A 1312 Auxiliary Boilers

N.H. Code Admin. R. Ann. Env-A 1312.01 Applicability {#sec-env-a-1312.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1312.01}

An auxiliary boiler meeting the applicability criteria of Env-A 1301.02(k) shall be subject to this part.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1312.02 Emission Standards for Auxiliary Boilers {#sec-env-a-1312.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1312.02}

(a) An auxiliary boiler with a heat input rate of at least 5 million Btu per hour but less than 50 million Btu per hour shall comply with Env-A 1305.02 and Env-A 1305.03.

(b) An auxiliary boiler with a heat input rate of at least 50 million Btu per hour, shall not exceed a NOx RACT emission limit of 0.20 lb. per million Btu based on a 24-hour calendar day average, regardless of the type of fuel burned.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

N.H. Code Admin. R. Ann. Env-A 1312.03 Calculating Emissions {#sec-env-a-1312.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1312.03}

The emissions from all auxiliary boilers shall be included in the calculation of both the actual and theoretical potential emissions from the stationary source.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18

Part Env-A 1313 Miscellaneous Stationary Sources

N.H. Code Admin. R. Ann. Env-A 1313.01 Emission Standards and Control Options for Miscellaneous Stationary Sources {#sec-env-a-1313.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1313.01}

Owners or operators of any miscellaneous stationary sources meeting the applicability criteria of Env-A 1301.02(l) shall:

(a) Initiate and implement a study of RACT control options, consisting of a detailed examination of technological and economic feasibility of available NOx control techniques for all classifiable and unclassifiable NOx-emitting sources, devices, or processes; and

(b) Apply for and obtain from the department a RACT order in accordance with Env-A 1315.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1314.01)

Part Env-A 1314 Ract Compliance

N.H. Code Admin. R. Ann. Env-A 1314.01 Testing, Recordkeeping, and Recording for NOx RACT Compliance {#sec-env-a-1314.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.01}

(a) Stationary sources subject to this chapter shall comply with the testing requirements specified in Env-A 800.

(b) Except when a source is subject to (d) or (e), below, compliance with the NOx RACT emission standards specified in this chapter shall be determined:

(1) In accordance with Env-A 803; or

(2) By a continuous emission monitoring (CEM) system for NOx, if a CEM system is required by a permit issued pursuant to Env-A 600 or by Env-A 1314.02.

(c) Except when purchasing NOx allowances pursuant to Env-A 3100, recordkeeping and reporting shall be in accordance with Env-A 900.

(d) The owner or operator of a source subject to Env-A 2900, Multiple Pollutant Annual Budget Trading and Banking Program, shall comply with the testing and monitoring requirements specified in Env-A 800 and in Env-A 2900 and the recordkeeping and reporting requirements of Env-A 900 and Env-A 2900. In the event of a conflict between Env-A 2900 and Env-A 800 or Env-A 900, the requirements of Env-A 2900 shall apply.

(e) The owner or operator of a source subject to Env-A 3200, NOx Budget Trading Program, shall comply with the testing and monitoring requirements specified in Env-A 800 and in Env-A 3200 and the recordkeeping and reporting requirements of Env-A 900 and Env-A 3200. In the event of a conflict between Env-A 3200 and Env-A 800 or Env-A 900, the requirements of Env-A 3200 shall apply.

(f) Unless otherwise specified by the department in a permit or order, for a source that operates a CEM system that satisfies the requirements of Env-A 800, compliance with the emission limitations in this part shall be determined based on a 24-hour calendar day average.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.01)

N.H. Code Admin. R. Ann. Env-A 1314.02 CEM Requirements for NOx {#sec-env-a-1314.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.02}

The department shall require installation, operation, maintenance, and quality assurance testing of a CEM system for NOx which meets all applicable requirements specified in Env-A 800 if any of the following conditions exist:

(a) A source uses air pollution control equipment in order to maintain compliance with a NOx emission limit, and continuous emission monitoring is necessary to ensure that the emission limit is not exceeded and that the control equipment is performing correctly;

(b) A stationary source is otherwise subject to the CEM provisions of Env-A 800;

(c) A stationary source or device generates emissions credits for the purpose of emission averaging pursuant to Env-A 1314.04; or

(d) A stationary source or device uses seasonal emission control techniques, in accordance with Env-A 1314.06, in order to comply with NOx RACT.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.02)

N.H. Code Admin. R. Ann. Env-A 1314.03 Alternatives to Meeting Specified RACT Emission Limits {#sec-env-a-1314.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.03}

(a) Compliance with the NOx RACT emission limits specified in this chapter may be achieved through the purchase of NOx allowances that are converted to and used as discrete emission reductions (DERs) in accordance with Env-A 3100.

(b) NOx RACT emission limits other than those specified in Env-A 1303 through Env-A 1312 shall be allowable as an alternative to the specified limits for all NOx emitting processes and devices regulated under this chapter, except for wet-bottom cyclone fired utility boilers subject to the NOx RACT requirements specified in Env-A 1303.06.

(c) To obtain alternative NOx RACT emission limits for a source, the owner or operator of the source shall request a NOx RACT order from the department in accordance with Env-A 1315.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.03)

N.H. Code Admin. R. Ann. Env-A 1314.04 Emissions Averaging for Multiple Sources Under Common Ownership {#sec-env-a-1314.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.04}

(a) For the purposes of this section, "bubble" means an option taken by the owner of 2 or more stationary sources to use emissions averaging so as to impose controls that are more stringent than RACT level on one or more emissions units at one or more of the owner’s stationary sources while simultaneously imposing controls that are less stringent than RACT level on other emissions units at the same or other of the owner’s stationary sources, including the option of no controls on such units, in order to achieve the same overall amount of emission reduction required by the state implementation plan (SIP) in a more cost effective manner.

(b) Emissions averaging shall be allowed for NOx emissions from 2 or more stationary sources only if all of the requirements of this section are met.

(1) Located in New Hampshire; and

(2) Under the control of a single owner.

(d) Emissions averaging, including identifying allowable emission averaging periods, shall be done in accordance with EPA's emissions trading policy, as described at 51 FR 43814 and 51 FR 43850.

(e) Emission reduction credits generated for the purpose of emission averaging shall:

(1) Be real, surplus, permanent, quantifiable, federally-enforceable, and transferable within the bubble within a given calendar year; and

(2) Conform to 40 CFR 51.165, as revised June 28, 1989, RSA 125-J, Env-A 3000, and Env-A 3100.

(f) Emissions averaging shall be enforced by means of federally-enforceable conditions contained in the permits for the stationary sources issued by the department as a source-specific SIP revision, or by federally-enforceable permits issued by the department or EPA, for all stationary sources to be included in the averaging.

(g) The recordkeeping and reporting requirements for emission averaging shall:

(1) Be in accordance with Env-A 900; and

(2) Include a summary of the emissions, emissions reduction credit transfers, applicable transfer ratios, and adjusted emissions, after transfer, of each affected stationary source.

(h) Each stationary source to be included in the emissions averaging shall calculate the total allowable NOx emissions using the equation specified in Env-A 1314.05 for each 24-hour calendar day. Compliance with the NOx RACT weighted average allowable emission rate so calculated shall be based on the weighted average actual NOx emissions from the emissions unit(s) that are operating on a given day.

(i) Emission reduction credits generated from reductions at any stationary source included in emissions averaging may be used for compliance with the total allowable NOx emissions calculated pursuant to (h), above, by any other stationary source(s) within the bubble.

(j) The owner or operator of each stationary source to be included in the emissions averaging shall:

(1) Calculate daily emissions:

a. For those emissions units generating credits for the purpose of emissions averaging, based on the installation of CEMs in accordance with Env-A 1314.02; or

b. For those emissions units for which CEMs are not required under Env-A 1314.02, based on:

The worst case emission rate(s) for the device(s) or source(s) established through stack testing performed in accordance with Env-A 800 and approved by EPA; and
The hours of operation measured in accordance with a method approved by EPA; and

(2) Comply with the recordkeeping and reporting requirements specified in Env-A 900.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.04)

N.H. Code Admin. R. Ann. Env-A 1314.05 Emissions Averaging Equation {#sec-env-a-1314.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.05}

(a) “E” means the total allowable emissions from all stationary sources included in the emissions averaging, in pounds per day.

(b) “A1, A2, ..., An” means the applicable emission limit for each unit of production, such as lb/MMBtu, as specified in this chapter.

(c) “B1, B2, ..., Bn” means the maximum number of units of production per day, such as MMBtu/day, based on the maximum gross heat input rate of each emissions unit included in the emissions averaging.

(d) To calculate the total allowable emissions from all stationary sources included in the emissions averaging in pounds per day, the owner or operator shall multiply A1 times B1, A2 times B2, and so forth, and then sum the products, as shown in the formula below:

E = (A1 x B1) + (A2 x B2) + ... + (An x Bn)

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.05)

N.H. Code Admin. R. Ann. Env-A 1314.06 Seasonal Control of NOx Emissions {#sec-env-a-1314.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1314.06}

(a) A stationary source that is subject to this chapter may use seasonal emission control techniques in order to comply with NOx RACT, as specified in (b) through (f), below.

(b) Any stationary source using post-combustion NOx air pollution control equipment to comply with NOx RACT during the ozone season shall continue to operate said equipment during the remainder of the calendar year.

(c) The allowable annual NOx mass emission rate, in tons per year, shall be less than or equal to the annual NOx mass emission rate that would be calculated by multiplying the actual annual production rate, for example Btu per year, by the applicable emission limit, for example lbs. NOx per million Btu, as specified in Env-A 1303 through Env-A 1312 for all emissions units and fuels in use prior to December 31, 1990.

(d) Annual NOx emissions limits shall be based on the lower of the actual or allowable NOx emissions for calendar year 1990, unless NOx emissions and operational data submitted by the owner or operator, and approved by the department in accordance with (e), below, demonstrate that NOx emissions from the source for calendar year 1990 are not representative of normal operations. In no case shall NOx emissions data for years prior to calendar year 1989 be used to represent normal operations for the purpose of emissions averaging.

(e) The department shall use EPA-approved methods and procedures as specified in 40 CFR §51.165 for determining whether the NOx and operational data submitted by the owner or operator is adequate to demonstrate that NOx emissions for calendar year 1990 are not representative of normal operations.

(f) Emissions averaging to meet NOx RACT requirements on a seasonal basis shall be allowable in accordance with the following requirements:

(1) A 24-hour calendar day average NOx mass emission limit shall be established for the ozone season based on the applicable limit specified in Env-A 1303 through Env-A 1312 for all emissions units and fuels in use prior to December 31, 1992;

(2) A 24-hour calendar day average NOx mass emission limit shall be established for the remainder of the year based on the uncontrolled emission rate of the emissions unit determined by CEM data or stack test data;

(3) An allowable average annual NOx mass emission limit shall be established in accordance with (c), above;

(4) The sum of the NOx mass emissions during the ozone season and the NOx mass emissions during the remainder of the calendar year shall be less than or equal to the lesser of the annual NOx mass emissions that would have been allowed under Env-A 1303 through Env-A 1312 or the annual NOx mass emissions otherwise allowed under Env-A 611, Env-A 618, Env-A 619, Env-A 1313, Env-A 1314.03, Env-A 1314.04, Env-A 2900 through Env-A 3300, Env-A 3500, Env-A 3700, and Env-A 4300;

(5) Emissions from replacement power sources shall be calculated by multiplying the actual production rate for the device, for example Btu per hour, by the allowable NOx mass emission rate for the device, for example lb. NOx per million Btu;

(6) For multiple sources under common ownership using the bubble specified in Env-A 1314.04, the applicable emission limit for each unit of production referred to in the formula in Env-A 1314.05 shall be established in accordance with the applicable provisions of this part; and

(7) All stationary sources using seasonal controls shall:

a. Install CEMs to the extent required by Env-A 1314.02 and Env-A 800;

b. Calculate daily emissions in accordance with Env-A 1314.02 and Env-A 800;

c. Calculate annual emissions in accordance with this part; and

d. Comply with the applicable recordkeeping and reporting requirements specified in Env-A 900.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1315.06)

Part Env-A 1315 NOx RACT ORDERS

N.H. Code Admin. R. Ann. Env-A 1315.01 Definitions {#sec-env-a-1315.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.01}

For the purpose of this part, the following definitions shall apply:

(a) “Determination of insufficiency” means a written determination by the department that the documentation submitted by an applicant pursuant to Env-A 1315.02(a), is inadequate for the department to issue a NOx RACT order; and

(b) “Determination of sufficiency” means a written determination by the department that the documentation submitted by an applicant pursuant to Env-A 1315.02(a), is adequate for the department to issue a NOx RACT order.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.01)

N.H. Code Admin. R. Ann. Env-A 1315.02 Requests for NOx RACT Orders; Initial Determinations Regarding Sufficiency {#sec-env-a-1315.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.02}

(a) To request a NOx RACT order, the owner or operator of any miscellaneous stationary source subject to the provisions of Env-A 1313 or any source, device or process seeking alternative RACT emission limits pursuant to Env-A 1314.03 shall submit the information, including a feasibility study, as specified in Env-A 1315.04 to the department within 120 days of the date when the source becomes subject to this chapter.

(b) Within 60 days of receipt of information submitted pursuant to (a), above, the department shall review all information submitted and notify the person requesting the alternative emissions limits (requestor) in writing of its initial determination of sufficiency or initial determination of insufficiency.

(c) If the department makes an initial determination of insufficiency, the notice sent pursuant to (b), above, shall include:

(1) A request for the additional information that is necessary for the department to make a determination of sufficiency; and

(2) A statement that if a complete response to the request for additional information is not received by the department within 60 days of the date of the notice sent pursuant to (b), above, a final determination of insufficiency will be made.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.02)

N.H. Code Admin. R. Ann. Env-A 1315.03 Final Determinations Regarding Sufficiency; Proposed NOx RACT Orders {#sec-env-a-1315.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.03}

(a) If an initial determination of sufficiency is made, then within 60 days of the initial determination of sufficiency the department shall:

(1) Make a final determination of sufficiency and present to EPA and the requestor a proposed RACT order that contains the information specified in (c), below; and

(2) Proceed as specified in Env-A 1315.05 relative to public notice.

(b) If an initial determination of insufficiency is made, then within 60 days of the initial determination of insufficiency the department shall:

(1) If the requestor files a response within the specified time period which contains information that is sufficient to allow a determination of sufficiency to be made, make a final determination of sufficiency and:

a. Present to EPA and the requestor a proposed NOx RACT order that contains the information specified in (c), below; and

b. Proceed as specified in Env-A 1315.05 relative to public notice; or

(2) If the requestor does not file a response within the specified time period which contains information that is sufficient to allow a determination of sufficiency to be made, terminate the permit process and issue a final determination of insufficiency.

(1) An inventory of all NOx-emitting sources, devices, or processes;

(2) Emission limits for all NOx-emitting sources, devices, or processes;

(3) A schedule requiring compliance with the RACT emission limits that contains the elements described in Env-A 1315.04(g);

(4) Procedures for determining initial compliance with the emission limits;

(5) Procedures for assessing continuous compliance with the emission limits; and

(6) Recordkeeping and reporting requirements in accordance with Env-A 900.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.03)

N.H. Code Admin. R. Ann. Env-A 1315.04 Information Required for NOx RACT Order Request {#sec-env-a-1315.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.04}

The information required by Env-A 1315.02(a) shall be as follows:

(a) An inventory of all NOx-emitting sources, devices, or processes at the facility;

(b) The maximum NOx-emitting capacity of each NOx-emitting source, device, or process;

(c) The actual amount of NOx emitted based on heat input, fuel consumption, or equivalent method acceptable to the department, for each day during the previous calendar year, from each affected NOx-emitting source, device or process at the facility;

(d) A feasibility study of RACT options, comprising:

(1) Identification of all available NOx control techniques and other options for all applicable NOx emitting sources, devices, or processes for which alternative RACT emission limits are sought, including but not limited to using emission reduction credits (ERCs) or discrete emission reductions (DERs), changing to low-NOx emitting processes, and, for utility boilers, the following:

a. Low-NOx burners;

b. Overfire air;

c. Flue gas recirculation;

d. Natural gas reburn;

e. Burners out of service;

f. Use of alternative fuels;

g. Selective catalytic reduction (SCR); and

h. Selective non-catalytic reduction (SNCR); and

(2) An examination of the technical and economic feasibility of each option identified;

(e) The control option selected, stating emission limits, monitoring, recordkeeping and reporting procedures, and test methods to demonstrate compliance;

(f) The amount of NOx that is proposed to be controlled from each NOx-emitting source, device or process identified in the inventory required by (a), above; and

(g) A schedule for implementation, which identifies the commitment dates for the major increments of progress toward compliance, including:

(1) Completion of engineering;

(2) Submission of air pollution permit application;

(3) Awarding of contract;

(4) Initiation of construction;

(5) Completion of construction;

(6) Initial compliance testing;

(7) Submission of compliance tests reports; and

(8) Final compliance with emission or control requirements of this chapter.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.04)

N.H. Code Admin. R. Ann. Env-A 1315.05 Public Notice; Opportunity for Comment {#sec-env-a-1315.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.05}

(a) Within 30 days of issuing a proposed NOx RACT order, the department shall cause a public notice of the proposed NOx RACT order to be published once in a newspaper of daily statewide circulation and once in a newspaper in the general locality of the source for which the alternative NOx compliance is being sought.

(b) The notice published pursuant to (a), above, shall:

(1) Briefly describe the proposed NOx RACT order;

(2) Offer the opportunity for a hearing;

(3) State where the full proposal is available for inspection, including whether the proposal can be accessed electronically;

(4) Identify the name and contact information for the individual at the department to whom a request for a hearing and written comments should be directed; and

(5) Specify that comments are due to the department within 30 days of publication of the notice or 10 days after the public hearing, if one is requested.

(1) At least 30 days prior to conducting the hearing, publish a notice in a newspaper of daily statewide circulation, stating the place, date, and time of the hearing;

(2) Conduct the hearing on the proposed NOx RACT order as specified in the published notice in accordance with the non-adjudicative hearing procedures specified in Env-C 200; and

(3) Accept written comments on the proposal until 10 days after the public hearing.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.05)

N.H. Code Admin. R. Ann. Env-A 1315.06 Issuance of NOx RACT Order {#sec-env-a-1315.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1315.06}

(a) After considering all public comment received and within 60 days of the date of the public hearing on the proposed NOx RACT order, the department shall issue a final NOx RACT order to the owner or operator of the affected source, device, or process.

(b) Within 60 days of the issuance of a final NOx RACT order, the department shall submit to EPA a revision to the SIP to reflect the NOx RACT order.

(c) Upon issuance of the final NOx RACT order, the department shall issue a permit to the owner or operator of the affected source, device, or process which incorporates all of the terms and conditions of the final NOx RACT order.

(d) The owner or operator of any source, device, or process for which a final NOx RACT order has been issued shall comply with all of the terms and conditions of the final NOx RACT order immediately upon the issuance of such order by the department.

Appendix A: State and Federal Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute(s) Implemented

Env-A 1300

RSA 125-C:6, II and XI

42 U.S.C. Sections 7410, 7502(c) & 7511c

Env-A 1303.02 and Env-A 1303.04

RSA 125-C:6, II and XI

42 U.S.C. Sections 7410, 7502(c) & 7511c

Appendix B: Federal Definitions

40 CFR 60, subpart BBBB:

Section 60.1940:

“Startup period” means the period when a municipal waste combustion unit begins the continuous combustion of municipal solid waste. It does not include any warmup period during which the municipal waste combustion unit combusts fossil fuel or other solid waste fuel but receives no municipal solid waste..

40 CFR 60, subpart IIII:

All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part.

Section 60.4219:

“Spark ignition” means relating to a gasoline, natural gas, or liquefied petroleum gas fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Dual-fuel engines in which a liquid fuel (typically diesel fuel) is used for compression ignition and gaseous fuel (typically natural gas) is used as the primary fuel at an annual average ratio of less than 2 parts diesel fuel to 100 parts total fuel on an energy equivalent basis are spark ignition engines.

“Stationary internal combustion engine” means any internal combustion engine (ICE), except combustion turbines, that converts heat energy into mechanical work and is not mobile. Stationary ICE differ from mobile ICE in that a stationary internal combustion engine is not a nonroad engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that definition), and is not used to propel a motor vehicle, aircraft, or a vehicle used solely for competition. Stationary ICE include reciprocating ICE, rotary ICE, and other ICE, except combustion turbines.

40 CFR 60, subpart JJJJ:

Section 60.4248:

“Lean burn engine” means any two-stroke or four-stroke spark ignited engine that does not meet the definition of a rich burn engine.

“Rich burn engine” means any four-stroke spark ignited engine where the manufacturer's recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio at full load conditions is less than or equal to 1.1. Engines originally manufactured as rich burn engines, but modified prior to June 12, 2006, with passive emission control technology for NOX (such as pre-combustion chambers) will be considered lean burn engines. Also, existing engines where there are no manufacturer's recommendations regarding air/fuel ratio will be considered a rich burn engine if the excess oxygen content of the exhaust at full load conditions is less than or equal to 2 percent.

40 CFR 63, subpart JJJJJJ:

Section 63.11237:

“Temporary boiler” means any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by means of, for example, wheels, skids, carrying handles, dollies, trailers, or platforms. A boiler is not a temporary boiler if any one of the following conditions exists:

(1) The equipment is attached to a foundation.

(2) The boiler or a replacement remains at a location within the facility and performs the same or similar function for more than 12 consecutive months, unless the regulatory agency approves an extension. An extension may be granted by the regulating agency upon petition by the owner or operator of a unit specifying the basis for such a request. Any temporary boiler that replaces a temporary boiler at a location within the facility and performs the same or similar function will be included in calculating the consecutive time period unless there is a gap in operation of 12 months or more.

(3) The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year.

(4) The equipment is moved from one location to another within the facility but continues to perform the same or similar function and serve the same electricity, steam, and/or hot water system in an attempt to circumvent the residence time requirements of this definition.

History

(See Revision Note at chapter heading for Env-A 1300) #9803, eff 10-31-10; ss by #12584, eff 8-15-18 (formerly Env-A 1316.06)

Chapter Env-A 1400 Regulated Toxic Air Pollutants

Part Env-A 1401 Purpose and Applicability; Definition

N.H. Code Admin. R. Ann. Env-A 1401.01 Purpose {#sec-env-a-1401.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1401.01}

(a) The purpose of this chapter is to implement RSA 125-I relative to preventing, controlling, abating, and limiting the emissions of toxic air pollutants into the ambient air.

(b) The ambient air limits (AALs) established in this chapter are intended to promote public health by reducing human exposure to toxic air pollutants as required by RSA 125-I:1.

History

#4489, EMERGENCY, eff 9-15-88; EXPIRED: 1-13-89
#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss by #8278, eff 2-4-05; ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1401.02 Applicability {#sec-env-a-1401.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1401.02}

This chapter shall apply to the owner or operator of any new, modified, or existing process or device located at a stationary source that emits a regulated toxic air pollutant (RTAP) into the ambient air, unless exempted under Env-A 1402.

History

#9601, eff 11-25-09; ss by #9865, eff 2-18-11; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1401.03 Definitions {#sec-env-a-1401.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1401.03}

For purposes of this part, the following definitions shall apply:

(a) “Accidental release” means an unanticipated emission of an RTAP into the ambient air from a stationary source, process or device, either caused by an unintentional spill or a malfunction as defined in Env-A 104;

(b) “Biodiesel” means a diesel fuel substitute that is composed of mono-alkyl esters of long chain fatty acids, is derived from vegetable oils or animal fats, and meets the requirements of the American Society for Testing and Materials (ASTM) specification D6751;

(d) “Biomass” means “biomass” as defined in RSA 125-C:2, III-a, reprinted in Appendix B. The term does not include any mixture containing the wood component of construction and demolition debris or any material or mixture containing sewage sludge, industrial sludge, medical waste, hazardous waste, household or municipal waste, animal or human remains, animal or human waste, or radioactive waste;

(e) “Bio-oil” means a liquid fuel derived from vegetable oils, animal fats, wood, straw, forestry byproducts, or agricultural byproducts using noncombustion thermal, chemical, or biological processes, including, but not limited to, distillation, gasification, hydrolysis, or pyrolysis, but not including anaerobic digestion, composting, or incineration;

(f) “Bio synthetic gas” means a gaseous fuel derived from vegetable oils, animal fats, wood, straw, forestry byproducts, or agricultural byproducts using noncombustion thermal, chemical, or biological processes, including, but not limited to, distillation, gasification, hydrolysis, or pyrolysis, but not including anaerobic digestion, composting, or incineration;

(g) “Compliance boundary” means “compliance boundary” as defined in RSA 125-I:2 VI, reprinted in Appendix B, which is subject to the alternate compliance boundaries described in Env-A 1404.07;

(h) “Inhalable fraction” means those materials that are hazardous when deposited anywhere in the respiratory tract and have an aerodynamic diameter of less than or equal to 100 micrometers (µm);

(i) “Inhalable fraction and vapor” means a material that might be present in both the particulate and vapor phases;

(j) “Particulate RTAP” means an RTAP that is a solid at ambient temperature;

(k) “Processed landfill gas” means gaseous fuel that does not contain more than 0.5 ppm of total siloxanes;

(l) “Pump station” means a facility that is part of a publicly owned treatment works (POTW), that consists of pumps and service equipment designed to pump wastewater from one location to another or from one elevation to another, in order to allow continuous treatment within the POTW;

(m) “Respirable fraction” means a material that is hazardous when deposited in the gas-exchange region of the lungs with an aerodynamic diameter less than 4.0 µm;

(n) “Thoracic particulate matter” means a material that is hazardous when deposited anywhere within the lung airways and the gas-exchange region and is less than 25 µm in size; and

(o) “Uncontrolled emission” means “uncontrolled emission” as defined in RSA 125-I:2, XVII, reprinted in Appendix B.

History

#9601, eff 11-25-09; ss by #10133, eff 6-1-12; amd by #12063, eff 12-30-16; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1402 Exemptions from Applicability

N.H. Code Admin. R. Ann. Env-A 1402.01 Statutory Exemptions for Sources and Activities {#sec-env-a-1402.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1402.01}

As specified in RSA 125-I:3, III(a) and (b), the following shall be exempt from regulation under RSA 125-I and these rules:

(a) Normal agricultural operations;

(b) The application of pesticides regulated pursuant to RSA 430:28 through RSA 430:48;

(d) Emissions of RTAPs resulting from the combustion of virgin petroleum products at stationary sources.

History

#6468-B, eff 3-5-97; ss by #7859, eff 4-11-03; ss by #8095, eff 6-11-04; ss by #8278, eff 2-4-05; ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1402.02 Additional Exemptions for Sources and Activities {#sec-env-a-1402.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1402.02}

Pursuant to RSA 125-I:3, III(c), emissions of RTAPs from devices or processes at a stationary source shall be exempt from the requirements of this chapter if the emissions of such RTAPs are from, or result from, any of the following sources or activities:

(a) The combustion of one or more of the following fuels:

(1) Coal;

(2) Natural gas;

(3) Propane;

(4) Biofuels as defined in Env-A 1401.03(c);

(5) Biomass as defined in Env-A 1401.03(d); or

(6) Processed landfill gas as defined in Env-A 1401.03(k);

(b) A gasoline dispensing or storage facility or cargo truck as regulated pursuant to Env-A 1217 or Env-Or 500;

(d) A pneumatic transfer system for collecting sander dust which uses a baghouse that is operated and maintained in accordance with the manufacturer’s specifications;

(e) Non-metallic mineral processing plants, as defined in Env-A 2800;

(f) Wastewater evaporators that do not process wastewater containing volatile organic compounds (VOCs);

(g) Used oil heaters that meet the following criteria:

(1) The sum of the gross heat input design ratings for all devices equals 500,000 Btu per hour or less;

(2) The sum of the fuel use rate for all devices equals 3.6 gallons per hour of fuel use or less;

(3) All devices burn 8,640 gallons per year or less of specification used oil as defined in Env-Hw 800;

(4) Each exhaust stack has an inside diameter of 8 inches or less;

(5) Each exhaust stack outlet is 20 feet or more above the ground;

(6) Each exhaust stack is vertical and unobstructed; and

(7) All devices are operated and maintained in accordance with manufacturer’s specifications;

(h) Spray coating operations used for maintenance limited to painting of process equipment using commercially available paints or coatings, but excluding VOC degreasing operations;

(i) Crematoriums;

(j) A publicly owned wastewater treatment facility that:

(1) Is not required to develop a pretreatment program to control pollutants received by the POTW from non-domestic sources, in accordance with 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution; and

(2) Has a national pollutant discharge elimination system (NPDES) permit, in accordance with section 402 of the Clean Water Act, 33 U.S.C. 1251 et seq.;

(k) A pump station which is part of a publicly owned wastewater treatment facility, in accordance with (j), above;

(l) The use of consumer products in a manner consistent with how the general public would use the product;

(m) An automotive refinishing operation that meets the following criteria:

(1) Each spray booth/station exhaust stack is vertical and unobstructed;

(2) The source is in compliance with the requirements of 40 CFR Part 63, Subpart HHHHHH; and

(3) The source uses less than 500 gallons per year of commercially available paints or coatings;

(n) An air stripper or other equipment associated with soil venting that is used to remediate a petroleum or gasoline contaminated site, and equipment that is used to control petroleum or gasoline vapors at either a petroleum or gasoline contaminated site or at a site associated with a petroleum or gasoline contaminated site, provided that such equipment is located at or associated with a state-funded site, a superfund site, or is required under the provisions of a consent order or consent agreement with the department;

(o) Routine maintenance activities associated with boilers;

(p) The use of isopropyl alcohol, nitrous oxide, and ethylene oxide at health care facilities;

(q) An accidental release as defined in Env-A 1401.03;

(r) Air strippers, soil venting equipment, or equipment used to control contaminated vapors operating for test purposes to qualify and quantify air emissions for remediation projects for a time period approved by the department;

(s) Solvent cleaning of parts and equipment performed exclusively by hand wiping or hand cleaning, provided that:

(1) Less than 20 gallons per year are used; and

(2) The used wipes are kept in closed containers;

(t) Process emissions from private, public, or vocational educational institutions, provided that:

(1) The emissions are primarily the result of teaching and training exercises; and

(2) The institution is not engaged in the manufacture of products for commercial sale;

(u) Degreasing and cleaning units that exclusively use aqueous caustic solutions at ambient temperatures in non-aeriated baths or tanks;

(v) Rooms, buildings, and warehouses used exclusively for:

(1) Storing chemicals, provided such chemicals are stored in closed containers;

(2) Filling chemical containers or transferring chemicals from one container to another for use within the facility; and

(3) Sampling chemicals for quality assurance and quality control purposes;

(w) Powder coating operations;

(x) Surface coating at facilities that do not spray apply coatings containing strontium chromate (CAS #7789-06-02) and have actual VOC emissions of 1,000 pounds or less in any 12-month period from all coating materials, coating material components, other materials mixed with coating materials prior to application, and cleaning solvents; and

(y) Particulate RTAP emissions that are vented inside the building and, in aggregate, do not exceed 1,000 pounds in any consecutive 12-month period.

History

#9601, eff 11-25-09; amd by #9865, eff 2-18-11; ss by #10133, eff 6-1-12; amd by #10550, eff 4-4-14; amd by #12063, eff 12-30-16; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1402.03 Additional Exemptions for Certain Air Contaminants {#sec-env-a-1402.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1402.03}

As authorized by RSA 125-I:3, III(c), the following emissions shall be exempt from this chapter:

(a) Emissions of a hazardous air pollutant (HAP), as defined in Env-A 103, from a process or device, provided that process or device uses the requisite pollution control equipment to comply with a national emission standard for HAPs as codified in 40 CFR 61 or 40 CFR 63;

(b) RTAP emissions from the process or device specified in (a), above, that are controlled by the requisite pollution control equipment to the same degree of efficiency as required by the national emission standard for the HAP emitted from that process or device;

(c) HAP emissions from a solid waste incineration unit that is subject to rules or plans authorized by, and adopted in accordance with, §129 of the Act, provided the unit uses the pollution control equipment required to comply with those rules or plans; and

(d) RTAP emissions from the solid waste incineration unit specified in (c), above, that are controlled to the same degree of efficiency as required by the rule or plan for the HAP emitted from that unit.

History

#10133, eff 6-1-12; ss by #10550, eff 4-4-14; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1403 Compliance Standards

N.H. Code Admin. R. Ann. Env-A 1403.01 Compliance with Ambient Air Limits Required {#sec-env-a-1403.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1403.01}

(a) The owner or operator of any process or device at a stationary source subject to this chapter shall manage emissions of RTAPs such that the concentrations of RTAPs in ambient air resulting from those emissions shall not exceed the AALs for those RTAPs at and beyond the compliance boundary for the stationary source.

(b) If the department revises the list of RTAPs or their respective AALs as set forth in Table 1450-1 in Env-A 1450.01, or revises compliance boundary criteria as set forth in Env-A 1404.07, the owner or operator of an existing stationary source, process or device shall comply with (a) above for any revised AAL, RTAP or compliance boundary either:

(1) Within 90 days of notice of such final revision in the New Hampshire Rulemaking Register; or

(2) On the schedule of a compliance plan approved in accordance with Env-A 1406.02.

History

#13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1403.02 Demonstration of Compliance with Ambient Air Limits Required {#sec-env-a-1403.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1403.02}

(a) The owner or operator of a device or process at a stationary source shall demonstrate compliance with the AALs using one of the methods described in Env-A 1404.

(b) If the department revises the list of RTAPs or their respective AALs as set forth in Table 1450-1 in Env-A 1450.01, and the owner or operator of an existing process or device cannot demonstrate compliance with the revised list of RTAPs or their respective AALs, then the owner or operator shall comply with Env-A 1405.04 and Env-A 1406.02.

History

#9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1404 Methods of Demonstrating Compliance

N.H. Code Admin. R. Ann. Env-A 1404.01 Methods of Demonstrating Compliance {#sec-env-a-1404.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.01}

The owner or operator of any device or process that emits a RTAP shall demonstrate compliance with the AALs by using at least one of the following methods:

(a) Air dispersion modeling analysis as specified in Env-A 1404.02;

(b) De minimis emission level method as specified in Env-A 1404.03;

(d) Adjusted in-stack concentration method as specified in Env-A 1404.05; or

(e) Calculations, results, or analyses from an alternative method of compliance demonstration approved pursuant to Env-A 1404.06.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1406.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.01)

N.H. Code Admin. R. Ann. Env-A 1404.02 Air Dispersion Modeling Analysis {#sec-env-a-1404.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.02}

If air dispersion modeling analysis is selected, the owner or operator shall conduct an air pollution dispersion modeling impact analysis, in accordance with Env-A 606, demonstrating that the concentration of emissions of each RTAP is equal to or below the corresponding AAL at and beyond the compliance boundary.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1406.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.02)

N.H. Code Admin. R. Ann. Env-A 1404.03 De Minimis {#sec-env-a-1404.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.03}

Emission Level Method.

(a) If the de minimis emission level method is selected, the owner or operator shall demonstrate that the emissions of each RTAP are equal to or below the appropriate de minimis level from Table 1450-1 in Env-A 1450.01; and

(b) The de minimis emission level method shall only be allowed when the airflow exiting the vent or stack is vertical and unobstructed.

History

#8278, eff 2-4-05 (from Env-A 1406.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.03)

N.H. Code Admin. R. Ann. Env-A 1404.04 In-stack Concentration Method {#sec-env-a-1404.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.04}

If the in-stack concentration method is selected, the owner or operator shall use the following equations to calculate that the emissions of each RTAP is equal to or below the corresponding AAL, where:

(a) “X” means:

(1) For devices or processes emitting from one stack, the emission rate of each RTAP in pounds per hour (lbs/hr); or

(2) For devices or processes emitting from more than one stack, the sum of emission rates of each RTAP from each stack in lbs/hr;

(b) “Y” means the emission rate of each RTAP in grams per second (g/sec) as determined by dividing X by 7.94, as shown in the formula below:

Y (g/sec) = X (lbs/hr) / 7.94

(c) “Z” means the emission rate of each RTAP in micrograms per second (μg/sec) as determined by multiplying Y by 106, as shown in the formula below:

Z (μg/sec) = Y (g/sec) x 106

(d) “A” means:

(1) For devices or processes emitting from one stack, the stack volume flow in actual cubic feet per minute (ft3/min); or

(2) For devices or processes emitting from more than one stack, the sum of stack volume flows from each stack in actual ft3/min;

(e) “B” means the stack volume flow in actual cubic meters per second (m3/sec) as determined by dividing A by 2119, as shown in the formula below:

B (m3/sec) = A (ft3/min) / 2119

(f) The in-stack concentration of each RTAP in micrograms per cubic meter (μg/m3) from a device or process either emitting from a single stack or from more than one stack shall be calculated by dividing Z by B, as shown in the formula below:

In-stack Concentration (μg/m3) = Z (μg/sec) / B (m3/sec)

History

#8278, eff 2-4-05 (from Env-A 1406.04); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.04)

N.H. Code Admin. R. Ann. Env-A 1404.05 Adjusted In-stack Concentration Method {#sec-env-a-1404.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.05}

(a) If the adjusted in-stack concentration method is selected, the owner or operator shall demonstrate that the adjusted in-stack concentration of the RTAP, as determined using the calculations in (c) or (d) below, is equal to or below the corresponding AAL.

(b) The adjusted in-stack concentration method shall only be allowed when the airflow exiting the vent or stack is vertical and unobstructed.

(c) For facilities where the edge of the building housing the process or device is less than 40 feet to the nearest compliance boundary, the adjusted in-stack concentration in μg/m3 of an RTAP from a device or process emitting either from a single stack or from more than one stack shall be calculated by dividing the in-stack concentration in μg/m3, determined in accordance with Env-A 1404.04, by 250, as shown in the formula below:

Adjusted In-stack Concentration (μg/m3) = In-stack Concentration (μg/m3)

250

(d) For facilities where the edge of the building housing the process or device is greater than or equal to 40 feet to the nearest compliance boundary, the adjusted in-stack concentration in μg/m3 of an RTAP from a device or process emitting either from a single stack or from more than one stack shall be calculated by dividing the in-stack concentration in μg/m3, determined in accordance with Env-A 1404.04, by 700, as shown in the formula below:

Adjusted In-stack Concentration (μg/m3) = In-stack Concentration (μg/m3)

700

History

#8278, eff 2-4-05 (from Env-A 1406.05); ss by #9601, eff 11-25-09; amd by #9865, eff 2-18-11; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.05)

N.H. Code Admin. R. Ann. Env-A 1404.06 Alternative Methods {#sec-env-a-1404.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.06}

(a) Any person wishing to use a method for demonstrating compliance other than one specified in Env-A 1404.02 through Env-A 1404.05 shall submit a written proposal to the department for approval of the method as specified in (b), below.

(b) The proposal shall contain, at a minimum, the following information:

(1) The identity, location, and description of the facility at which the alternative method is proposed to be used;

(2) A description of the proposed alternative method and a description of each device or process to which the proposed alternative method will be applied;

(3) The name and chemical abstracts service (CAS) registry number for each RTAP emitted from each device or process subject to Env-A 1400 to be assessed under the alternative method; and

(4) Technical data and information to be used to demonstrate that:

a. The proposed alternative method would produce results that are at least as precise and accurate as those produced by the methods specified in Env-A 1404.02 through Env-A 1404.05; and

b. The concentration of each RTAP is less than or equal to the corresponding AAL.

(c) Within 60 days of receipt of a complete proposal, the department shall issue a written decision on the proposal. If the request is denied, the decision shall specify the reason(s) for the denial.

(d) The department shall not approve a proposal for use of an alternative method unless:

(1) The request contains all of the information required by (b), above; and

(2) The proposed alternate method produces results that are at least as precise and accurate as those produced by the methods specified in Env-A 1404.02 through Env-A 1404.05.

History

#8278, eff 2-4-05 (from Env-A 1406.06); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.06)

N.H. Code Admin. R. Ann. Env-A 1404.07 Compliance with Compliance Boundaries; Alternate Compliance Boundaries {#sec-env-a-1404.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1404.07}

(a) A source shall comply with:

(1) The property boundaries as established in the statutorily-defined compliance boundary in Env-A 1401.03, if the provisions of (b) or (c) below do not apply;

(2) The boundary established pursuant to (b) or (c), below, if applicable; or

(3) The source-specific boundary determined pursuant to (d), below.

(b) For a stationary source operating a process or device located in a building or premises pursuant to a lease, license, or any other agreement granting the right to use or occupy only a limited portion of the property upon which such process or device is located, the compliance boundary shall be the outer edge of that portion of the property under the direct control of the owner or operator of that stationary source.

(c) The owner or operator of a process or device at a stationary source subject to this chapter shall consider any part of the property that is leased to another entity either through a lease, license, or other agreement, as being beyond the compliance boundary.

(d) An owner or operator wishing to use a compliance boundary other than the boundary of the property on which the stationary source is located, or as described in (b) or (c), above, shall submit a written request to the department for approval of an alternate compliance boundary which includes, at a minimum, the following information:

(1) The identity, location, and description of the facility at which the alternate compliance boundary is proposed to be used;

(2) A description of the proposed alternate compliance boundary;

(3) The name and CAS registry number for each RTAP emitted from each process or device subject to this chapter to be assessed using the alternative compliance boundary; and

(4) Records demonstrating compliance in accordance with Env-A 1404, based upon the proposed alternate compliance boundary.

(e) Within 60 days of receipt of a complete request, the department shall make a decision on the request.

(f) The department shall approve a request for use of an alternate compliance boundary if:

(1) The request contains all of the information required by (d), above; and

(2) The proposed alternate compliance boundary would pose little risk to public health, in accordance with RSA 125-I:3, III(c).

(g) If the request is denied, the decision shall specify the reason(s) for the denial.

History

#12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1405.07)

Part Env-A 1405 Permit Required

N.H. Code Admin. R. Ann. Env-A 1405.01 Permit Required {#sec-env-a-1405.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1405.01}

Except as provided in Env-A 1405.02, the owner or operator of a device or process subject to this chapter shall obtain a temporary permit, state permit to operate, or title V operating permit in accordance with Env-A 600, which specifies the conditions under which compliance with this chapter shall be maintained.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; repealed and reserved by #7859, eff 4-11-03
#8278, eff 2-4-05 (from Env-A 1404.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1403.01)

N.H. Code Admin. R. Ann. Env-A 1405.02 Exemption from Permit Requirement Based on Nature and Amount of Emissions {#sec-env-a-1405.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1405.02}

(a) The owner or operator of any device or process shall not be required to obtain a permit under this chapter if facility-wide emissions of each RTAP meets one of the following conditions:

(1) The uncontrolled emissions:

a. Are less than or equal to the applicable annual and 24-hour de minimis emission levels, using the de minimis emission level method described in Env-A 1404.03; or

b. Result in concentrations less than or equal to the applicable annual and 24-hour AALs using one of the methods described in Env-A 1404.02, Env-A 1404.04, Env-A 1404.05, or Env-A 1404.06, at and beyond the compliance boundary; or

(2) The uncontrolled actual emissions:

a. Are less than or equal to the applicable annual and 24-hour de minimis emission levels, using the de minimis emission level method described in Env-A 1404.03;

b. Result in concentrations less than or equal to the applicable annual and 24-hour AALs using the in-stack concentration method described in Env-A 1404.04; or

c. Result in concentrations less than or equal to 50 percent of the applicable annual and 24-hour AALs using one of the methods described in Env-A 1404.02, Env-A 1404.05, or Env-A 1404.06 at and beyond the compliance boundary.

(b) For purposes of this part, spray coating operations that demonstrate compliance with the spray booth filter provisions in 40 CFR 63.11173(e)(2)(i), subpart HHHHHH, “National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources”, shall not be considered control devices for the purposes of calculating emissions of particulate RTAPs.

History

#9601, eff 11-25-09; ss by #10550, eff 4-4-14; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1403.03)

N.H. Code Admin. R. Ann. Env-A 1405.03 Obtaining a Permit {#sec-env-a-1405.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1405.03}

Except as provided in Env-A 1405.04, the owner or operator of a process or device at a stationary source subject to this chapter, that requires a permit pursuant to Env-A 1405.01 shall obtain such a permit in accordance with Env-A 603.

History

#13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1405.04 Revision of List or Compliance Boundary by Department {#sec-env-a-1405.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1405.04}

If the department revises the list of RTAPs, their respective AALs, or compliance boundary in accordance with Env-A 1404.07(b) or (c) and as a result of such revision the owner or operator is required to obtain or modify a permit, the owner or operator shall file a complete application for such permit or permit modification, including a compliance plan, within 90 days of publication of such notice of final revision in the New Hampshire Rulemaking Register.

History

#13334, eff 2-3-22

Part Env-A 1406 Application Procedures

N.H. Code Admin. R. Ann. Env-A 1406.01 Application Procedures for New or Modified Devices or Processes {#sec-env-a-1406.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1406.01}

(a) The owner or operator of a new or modified device or process requiring a permit under this chapter shall submit an application for a temporary permit in accordance with Env-A 607.03, and identify in detail the proposed operating conditions that the source will take to comply with the AALs, in accordance with Env-A 1403.

(b) Pursuant to RSA 125-I:5, I, the owner or operator shall not operate the device or process until a temporary permit is issued.

History

#6468-B, eff 3-5-97; amd by #6739-B, eff 5-8-98; amd by #7859, eff 4-11-03; amd by #8095, eff 6-11-04; ss and moved by #8278, eff 2-4-05 (from Env-A 1405.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1404.01)

N.H. Code Admin. R. Ann. Env-A 1406.02 Application Procedures for Existing Sources Requiring a Permit after the List is Revised {#sec-env-a-1406.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1406.02}

If a permit is required to be obtained or modified in accordance with Env-A 1405.04, the owner or operator of such source shall:

(a) File an application for such permit or permit modification, in accordance with Env-A 612, within 90 days following publication of notice of such final revision in the New Hampshire Rulemaking Register; and

(b) Submit a compliance plan based on public health, and economic and technical considerations that shall contain, at a minimum, the following information:

(1) The name and CAS registry number for each RTAP emitted from each process or device subject to the compliance plan;

(2) The date upon which compliance with the applicable provisions will be achieved, which shall be no later than 3 years following publication of notice of such final revisions in the New Hampshire Rulemaking Register;

(3) A list of remedial measures, including the sequence of actions or operations with milestones for each action; and

(4) A schedule for the submission of progress reports to the department.

History

#8278, eff 2-4-05 (from Env-A 1405.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1404.02)

Part Env-A 1407 Classification of Regulated Toxic Air Pollutants

N.H. Code Admin. R. Ann. Env-A 1407.01 Classification of Regulated Toxic Air Pollutants {#sec-env-a-1407.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1407.01}

(a) As required by RSA 125-I:4, II, the department shall classify each RTAP as a class I RTAP, class II RTAP, or class III RTAP.

(b) Such classifications shall be made in accordance with this part.

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1407.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1406.01)

N.H. Code Admin. R. Ann. Env-A 1407.02 Criteria for Classification of Class I Regulated Toxic Air Pollutants {#sec-env-a-1407.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1407.02}

The department shall classify an RTAP as a class I RTAP if it meets at least one of the following criteria:

(a) Pursuant to RSA 125-I:2, XIV(a), it is a group A, group B1, or group B2 carcinogen, as described in “Guidelines for Carcinogen Risk Assessment,” 51 Federal Register 33,992, at 34,000 (Sept. 24, 1986);

(b) It is categorized as “Carcinogenic to Humans” or “Likely to be Carcinogenic to Humans” as described in EPA’s updated “Guidelines for Carcinogenic Risk Assessment,” 70 Federal Register 17765 to 17817 (April 7, 2005);

(c) It is a category A1 or A2 carcinogen, as described in Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, published by the American Conference of Governmental Industrial Hygienists (ACGIH);

(d) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it is capable of inducing reproductive or developmental effects in experimental laboratory animals at doses less than or equal to 500 mg/kg; or

(e) It has an acute toxicity where the:

(1) Oral LD50 is less than or equal to 50 milligrams per kilogram of body weight (mg/kg);

(2) Inhalation LC50 is less than or equal to 200 parts per million (ppm); or

(3) Dermal LD50 is less than or equal to 200 mg/kg.

History

#6468-B, eff 3-5-97; ss by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1407.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1406.02)

N.H. Code Admin. R. Ann. Env-A 1407.03 Criteria for Classification of Class II Regulated Toxic Air Pollutants {#sec-env-a-1407.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1407.03}

The department shall classify an RTAP as a class II RTAP if it does not qualify as a class I regulated toxic air pollutant and meets at least one of the following criteria:

(a) Pursuant to RSA 125-I:2, XIV(b), it is a group C carcinogen, as described in “Guidelines for Carcinogen Risk Assessment,” 51 Federal Register 33,992, at 34,000 (Sept. 24, 1986);

(b) It is categorized as “Suggestive Evidence of Carcinogenic Potential” as described in EPA’s updated “Guidelines for Carcinogenic Risk Assessment,” 70 Federal Register 17765 to 17817, April 7, 2005;

(c) It is a category A3 carcinogen, as described in Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, published by the ACGIH;

(e) It has an acute toxicity where the:

(1) Oral LD50 is greater than 50 mg/kg but less than 500 mg/kg;

(2) Inhalation LC50 is greater than 200 ppm but less than 2,000 ppm; or

(3) Dermal LD50 is greater than 200 mg/kg but less than 1,000 mg/kg;

(f) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it induces mutagenic effects; or

(g) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it produces adverse chronic non-carcinogenic systemic effects.

History

#6468-B, eff 3-5-97; ss by #6739-B, eff 5-8-98; ss by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1407.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1406.03)

N.H. Code Admin. R. Ann. Env-A 1407.04 Criteria for Classification of Class III Regulated Toxic Air Pollutants {#sec-env-a-1407.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1407.04}

As specified in RSA 125-I: 2, XIV(c), the department shall classify a RTAP as a class III regulated toxic air pollutant if it is any RTAP other than a class I or class II RTAP.

History

#6468-B, eff 3-5-97; ss and moved by #6739-B, eff 5-8-98 (from Env-A 1406.03); ss by #7616, eff 12-28-01; amd by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1407.04); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1406.04)

Part Env-A 1408 Safety Factors; Time Adjustment Factors

N.H. Code Admin. R. Ann. Env-A 1408.01 Designation of Safety Factors {#sec-env-a-1408.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1408.01}

For the purpose of providing adequate protection to sensitive populations, the department shall designate a safety factor for each RTAP, as follows:

(a) For a class I RTAP, the safety factor shall be 100;

(b) For a class II RTAP, the safety factor shall be 71; and

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1408.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1407.01)

N.H. Code Admin. R. Ann. Env-A 1408.02 Designation of Time Adjustment Factors {#sec-env-a-1408.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1408.02}

(a) In order to account for differing effects of certain chemicals over time, the department shall designate a time adjustment factor according to the characteristics of the RTAP, as described in Env-A 1408.03.

(b) The time adjustment factor shall be used to determine the AAL as specified in Env-A 1409.02.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1409.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1408.01)

N.H. Code Admin. R. Ann. Env-A 1408.03 Criteria for the Designation of Time Adjustment Factors {#sec-env-a-1408.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1408.03}

The department shall designate the time adjustment factors based on the following criteria:

(a) The time adjustment factor shall be 1.0 for RTAPs that:

(1) Have an occupational exposure limit that is intended to primarily prevent irritation or discomfort; or

(2) For which there are essentially no known cumulative effects resulting from extended exposures to such pollutants at concentration levels at or near the occupational exposure limit;

(b) The time adjustment factor shall be 2.0 for RTAPs that have an occupational exposure limit that is intended to prevent acute exposure effects;

(c) The time adjustment factor shall be 2.5 for RTAPs that have a ceiling limit value set as an occupational exposure limit that is not intended to be exceeded at any time; and

(d) The time adjustment factor shall be 2.8 for RTAPs that:

(1) Have an occupational exposure limit that is set by technological feasibility or commonly recognized good hygiene practice;

(2) Present cumulative health hazards and have an occupational exposure limit intended to prevent excessive accumulation in the body from extended periods of exposure; or

(3) Present both acute and cumulative health hazards.

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1409.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1408.02)

Part Env-A 1409 Determination of 24-Hour Ambient Air Limits

N.H. Code Admin. R. Ann. Env-A 1409.01 Determination of 24-Hour Ambient Air Limits {#sec-env-a-1409.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1409.01}

(a) Where a reference concentration limit has been established by the EPA for an RTAP, the 24-hour AAL for that pollutant shall be the reference concentration limit if:

(1) The RTAP causes developmental or reproductive effects; or

(2) The annual AAL is based on the reference concentration limit, and the 24-hour AAL, as calculated in accordance with (b), below, is less than the reference concentration limit.

(b) In all cases other than those specified in (a), above, the 24-hour AAL shall be a modified occupational health standard as determined by the calculation specified in Env-A 1409.02.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1410.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1409.02 Calculation of 24-Hour Ambient Air Limits {#sec-env-a-1409.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1409.02}

(a) “OEL” means the occupational exposure limit for the RTAP.

(b) “SF” means the safety factor as determined by Env-A 1408.01.

(d) To calculate the 24-hour AAL for an RTAP, occupational exposure limit shall be divided by the product of the safety factor and the time adjustment factor, as in the formula below:

AAL(24 Hour) = OEL / (SF x TAF)

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss by #6739-B, eff 5-8-98; ss and moved by #8278, eff 2-4-05 (from Env-A 1410.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1410 Determination of Annual Ambient Air Limits

N.H. Code Admin. R. Ann. Env-A 1410.01 Determination of Annual Ambient Air Limits {#sec-env-a-1410.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1410.01}

(a) Where there is a reference concentration limit established by the EPA, the annual AAL shall be the reference concentration limit, except as provided in (b), below.

(b) Where an RTAP has a reference concentration limit established by the EPA and is classified as Class I under Env-A 1407.02(a) or (b), and the occupational exposure limit is based on carcinogenic effects, the annual AAL shall be either a modified occupational health standard as determined by the calculation specified in Env-A 1410.02, or the reference concentration limit established by the EPA, whichever number is lower.

(c) Where there is no reference concentration limit, the annual AAL shall be a modified occupational health standard as determined by the calculation specified in Env-A 1410.02.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss by #8095, eff 6-11-04; ss and moved by #8278, eff 2-4-05 (from Env-A 1411.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1410.02 Calculation of Annual Ambient Air Limits {#sec-env-a-1410.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1410.02}

(a) “OEL” means the occupational exposure limit for the RTAP.

(b) “SF” means the safety factor as determined by Env-A 1408.01.

(c) To calculate the annual AAL for an RTAP, the occupational exposure limit shall be divided by the product of 4.2 and the safety factor, as in the formula below:

AAL(Annual) = OEL / (SF x 4.2)

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; amd by #6739-B, eff 5-8-98; ss and moved by #8278, eff 2-4-05 (from Env-A 1411.02); ss by #9601, eff 11-25-09; ss by #10550, eff 4-4-14; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1410.03 Calculation of 24-Hour De Minimis Emission Level {#sec-env-a-1410.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1410.03}

To calculate the 24-hour de minimis emission level for an RTAP in pounds per day, the 24-hour AAL shall be divided by 84.17.

History

#8278, eff 2-4-05 (from Env-A 1411.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1410.04 Calculation of Annual De Minimis Emission Level {#sec-env-a-1410.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1410.04}

The annual de minimis emission level for an RTAP in pounds per year shall be the lower of the levels calculated pursuant to (a) or (b), below:

(a) The annual AAL multiplied by 16.28; or

(b) The 24-hour de minimis emission level multiplied by 365.

History

#8278, eff 2-4-05 (from Env-A 1411.04); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1411 List of All Regulated Toxic Air Pollutants and Other Information

N.H. Code Admin. R. Ann. Env-A 1411.01 Establishment of List of All Regulated Toxic Air Pollutants and Other Information {#sec-env-a-1411.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1411.01}

(a) The list established by the department pursuant to RSA 125-I:6, II, shall contain the following information for each RTAP:

(1) The chemical name of the RTAP;

(2) The chemical abstracts service number of the RTAP;

(3) The classification as class I, class II, or class III for the RTAP;

(4) The 24-hour AAL for the RTAP;

(5) The annual AAL for the RTAP;

(6) The 24-hour de minimis emission level for the RTAP; and

(7) The annual de minimis emission level for the RTAP.

(b) The RTAP list described in (a), above, shall be adopted and published in table format in Env-A 1450.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; ss by #8095, eff 6-11-04; ss and moved by #8278, eff 2-4-05 (from Env-A 1412.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1411.02 Adoption of the RTAP List {#sec-env-a-1411.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1411.02}

The RTAP list described in Env-A 1411.01 shall be adopted according to the rulemaking process specified in RSA 541-A.

History

#6328, INTERIM, eff 8-24-96, EXPIRED: 12-22-96
#6468-B, eff 3-5-97; amd by #6739-B, eff 5-8-98; ss and moved by #8278, eff 2-4-05 (from Env-A 1412.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1411.03 Publication of Notice of the RTAP List {#sec-env-a-1411.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1411.03}

(a) As required by RSA 125-I:4, IV, the department shall submit notice of the RTAP list for publication in the New Hampshire Rulemaking Register and any revisions to the list shall not take effect until such publication.

(b) At that time, and annually thereafter, the department shall publish the list on the department’s website.

History

#6739-B, eff 5-8-98; ss by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1412.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1412 Modification of the Rtap List

N.H. Code Admin. R. Ann. Env-A 1412.01 Process for Modifications to the RTAP List {#sec-env-a-1412.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1412.01}

As specified in RSA 125-I:4, V, all additions, deletions and modifications to any part of the RTAP list shall be made through the rulemaking process described in RSA 541-A.

History

#6468-B, eff 3-5-97; ss by #6739-B, eff 5-8-98; amd by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1413.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1412.02 Petitions to Modify the RTAP List {#sec-env-a-1412.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1412.02}

(a) If a person wishes to add a substance or compound to, delete a substance or compound from, or modify a specific parameter on the RTAP list, the person shall petition the commissioner pursuant to RSA 541-A:4 and Env-C 207 by providing the information specified in Env-A 1412.03 in writing to the commissioner.

(b) Where data limitations exist which prevent the derivation of an AAL, a person intending to use a substance or compound named on the list shall petition the commissioner by providing the information specified in Env-A 1412.03 in writing to the commissioner.

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1413.02); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1412.03 Contents of Petitions {#sec-env-a-1412.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1412.03}

A petition submitted pursuant to Env-A 1412.02(a) or (b) shall include the following information:

(a) Which one or more of the following actions is proposed:

(1) Add a substance or compound to the RTAP list;

(2) Delete a substance or compound from the RTAP list;

(3) Modify the classification of a RTAP named on the list;

(4) Modify or add an AAL of a RTAP named on the list;

(5) Modify a time adjustment factor of a RTAP named on the list;

(6) Modify an occupational exposure limit of a RTAP named on the list; or

(7) Modify a de minimis emission level of a RTAP named on the list;

(b) A statement of the reason(s) for the proposed revision to the RTAP list;

(c) If the proposal is to add a substance or compound to the RTAP list, data and documentation that support the proposed addition, including at least one study that has been conducted in accordance with generally accepted scientific principles which demonstrates that the substance or compound is known to cause, or can reasonably be anticipated to cause, acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substance or compound;

(d) If the proposal is to delete a substance or compound from the RTAP list, data and documentation that support the proposed deletion, including at least one study that has been conducted in accordance with generally accepted scientific principles which demonstrates that the substance or compound cannot reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substance or compound; and

(e) If the proposal is to modify a parameter for a substance or compound on the RTAP list, data and documentation that support the proposed modification, including at least one study that has been conducted in accordance with generally accepted scientific principles which demonstrates that:

(1) If the petition is for stricter regulatory control of a substance or compound, the parameter specified in the RTAP list is not adequate to protect against acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to the substance or compound; or

(2) If the petition is for more lenient regulatory control of a substance or compound, the parameter specified in the RTAP list is more stringent than is necessary to protect against acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to the substance or compound.

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1413.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

N.H. Code Admin. R. Ann. Env-A 1412.04 Decision to Grant or Deny the Petition {#sec-env-a-1412.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1412.04}

(a) The commissioner shall act on the petition within the time limits specified in RSA 541-A:4.

(b) As specified in RSA 125-I:4, V(a), the commissioner shall not add a substance or compound to the RTAP list unless there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.

(c) As specified in RSA 125-I:4, V(b), the commissioner shall not delete a substance or compound from the RTAP list unless there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound cannot reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.

(d) In addition to the criteria specified in (b) or (c), above, as applicable, the commissioner shall not grant a petition unless doing so will result in standards that promote human health.

History

#9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1413 Requirements for Sources of Hazardous Air Pollutants Subject to Section 112 of the Clean Air Act

N.H. Code Admin. R. Ann. Env-A 1413.01 Sources of Hazardous Air Pollutants Subject to {#sec-env-a-1413.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1413.01}

§112 of the Act. Nothing in this chapter shall be construed as modifying or eliminating the obligation of any source of hazardous air pollutants that is subject to §112 of the Clean Air Act to comply with those requirements.

History

#6468-B, eff 3-5-97; ss and moved by #8278, eff 2-4-05 (from Env-A 1414.01); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22

Part Env-A 1450 Table of All Regulated Toxic Air Pollutants

N.H. Code Admin. R. Ann. Env-A 1450.01 Table of All Regulated Toxic Air Pollutants {#sec-env-a-1450.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1450.01}

(a) The AALs and de minimis values for “wood dust (western red cedar),” “wood dust (oak & beech),” “wood dust (birch, mahogany, teak, walnut)” and “wood dust (all other species)” in Table 1450-1, below, shall apply only to emissions from sanding operations at sources belonging to Major Group 24 or 25 as described in the Standard Industrial Classification Manual, 1987, and assigned by EPA the following Source Classification Code (SCC) numbers: 30700702, 30700806, 30700807, 30702003, 30703096, 30703097, 30703098, and 30703099.

(b) Pursuant to Env-A 1411.01, the list naming all regulated toxic air pollutants and other information shall be as set forth in Table 1450-1, below:

Table 1450-1: RTAP List

CAS Number

Description

Toxicity Class^A

24-Hr AAL (µg/m³)

Annual AAL ^B (µg/m³)

24-Hr De Minimis ^C (lbs/day)

Annual De Minimis (lbs/yr)

0 – 00 – 0

Borate compounds, inorganic, inhalable fraction

7.1

4.8

0.084

0 – 00 – 0

Coal Dust (anthracite), respirable fraction

2.0

1.3

0.024

8.7

0 – 00 – 0

Coal Dust (bituminous), respirable fraction

4.5

3.0

0.053

0 – 00 – 0

Divinylbenzene-ethyl styrene mixtures, as total divinylbenzene isomers

8.9

0.22

0 – 00 – 0

Fluorides, as F

8.9

6.0

0.11

0 – 00 – 0

Grain Dust (Oat, Wheat, Barley)

0.24

0 – 00 – 0

Iodides, as I, inhalable particulate matter

0.050

0.034

0.00060

0.22

0 – 00 – 0

Methyltetrahydrophthalic anhydride isomers

0.0025

0.0017

0.000030

0.011

0 – 00 – 0

Stearates, respirable fraction

III

0.74

271

0 – 00 – 0

Stearates, inhalable fraction

III

208

2.5

903

0 – 00 – 0

Synthetic vitreous fibers, Continuous Filament Glass Fiber (inhalable)

0.83

277

0 – 00 – 0

Wood Dust (western red cedar), inhalable fraction (See Env-A 1450.01(a))

2.5

1.7

0.030

0 – 00 – 0

Wood Dust (oak and beech), inhalable fraction (See Env-A 1450.01(a))

3.6

2.4

0.043

0 – 00 – 0

Wood Dust (birch, mahogany, teak, and walnut), inhalable fraction (See Env-A 1450.01(a))

3.6

2.4

0.043

0 – 00 – 0

Wood Dust (all other species), inhalable fraction (See Env-A 1450.01(a))

III

9.9

0.18

50 – 00 – 0

Formaldehyde

9.8

1.8

0.12

50 – 29 – 3

DDT

3.6

2.4

0.043

50 – 32 – 8

Benzo[a]pyrene

0.0020

0.000024

0.0087

50 – 78 – 2

Acetylsalicylic acid

0.30

108

52 – 68 – 6

Trichlorfon, inhalable fraction and vapor

0.36

0.24

0.0042

1.5

55 – 38 – 9

Fenthion – inhalable fraction and vapor

0.18

0.12

0.0021

0.78

55 – 63 – 0

Nitroglycerin (NG)

1.6

1.1

0.019

6.9

56 – 23 – 5

Carbon tetrachloride

111

100

1.3

481

56 – 38 – 2

Parathion, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

56 – 55 – 3

Benz[a]anthracene

0.36

0.24

0.0043

1.6

56 – 72 – 4

Coumaphos – inhalable fraction and vapor

0.18

0.12

0.0021

0.78

57-11-4

Stearic acid inhalable fraction (see Stearates, inhalable fraction, CAS# 0-00-0)

57-11-4

Stearic acid, respirable fraction (see Stearates, respirable fraction, CAS# 0-00-0)

57 – 14 – 7

1,1-Dimethylhydrazine

0.089

0.060

0.0011

0.39

57 – 24 – 9

Strychnine

0.54

0.36

0.0064

2.3

57 – 57 – 8

Β -Propiolactone

7.5

3.6

0.089

57 – 74 – 9

Chlordane, inhalable fraction and vapor

1.8

0.70

0.021

7.8

58 – 89 – 9

Lindane

1.8

1.2

0.021

7.8

60 – 29 – 7

Ethyl ether

4321

2881

18738

60 – 34 – 4

Methyl hydrazine

0.068

0.045

0.00081

0.29

60-35-5

Acetamide, inhalable fraction and vapor

8.1

0.20

60 – 57 – 1

Dieldrin, inhalable fraction and vapor

0.36

0.24

0.0042

1.5

61 – 82 – 5

Amitrole

0.71

0.48

0.0084

3.1

62 – 53 – 3

Aniline

1.0

0.32

62 – 73 – 7

Dichlorvos (DDVP), inhalable fraction and vapor

0.50

0.0059

2.2

62 – 74 – 8

Sodium fluoroacetate

0.18

0.12

0.0021

0.78

62 – 75 – 9

N-Nitrosodimethylamine

0.00070

0.0000083

0.0030

63 – 25 – 2

Carbaryl, inhalable fraction and vapor

1.8

1.2

0.021

7.8

64 – 17 – 5

Ethanol

6714

4476

29115

64 – 18 – 6

Formic acid

0.78

286

64 – 19 – 7

Acetic Acid

126

1.5

546

64 – 67 – 5

Diethyl Sulfate

1.0

0.67

0.012

4.4

65 – 85 – 0

Benzoic acid, inhalable fraction and vapor

1.8

1.2

0.021

7.7

67 – 56 – 1

Methanol

20000

238

86729

67 – 63 – 0

2-Propanol

1757

1171

7619

67 – 64 – 1

Acetone

2120

1413

9193

67 – 66 – 3

Chloroform

175

117

2.1

759

67 – 72 – 1

Hexachloroethane

0.42

152

68 – 11 – 1

Thioglycolic acid

9.0

0.16

68 – 12 – 2

Dimethylformamide

0.63

232

71 – 23 – 8

n-Propyl alcohol

1731

824

7506

71 – 36 – 3

n-Butanol

305

203

3.6

1323

71 – 43 – 2

Benzene

5.7

3.8

0.068

71-48-7

Cobalt acetate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS # 7440-48-4)

71 – 55 – 6

Methyl chloroform

6821

5000

29579

72 – 20 – 8

Endrin

0.36

0.24

0.0043

1.6

72 – 43 – 5

Methoxychlor

0.43

156

74 – 83 – 9

Methyl bromide

5.0

0.24

74 – 87 – 3

Methyl chloride

368

4.4

1465

74 – 88 – 4

Methyl iodide

0.71

260

74 – 89 – 5

Methylamine

0.53

195

74 – 90 – 8

Hydrogen cyanide, and cyanide salts, as CN

0.80

0.23

74 – 93 – 1

Methyl mercaptan

4.9

3.3

0.058

74 – 96 – 4

Ethyl bromide

111

1.3

481

74 – 97 – 5

Chlorobromomethane

5332

3555

23122

75 – 00 – 3

Ethyl chloride

10000

119

43365

75 – 01 – 4

Vinyl chloride

9.3

6.2

0.11

75 – 02 – 5

Vinyl fluoride

6.8

4.5

0.081

75 – 04 – 7

Ethylamine

0.55

201

75 – 05 – 8

Acetonitrile

120

1.4

520

75 – 07 – 0

Acetaldehyde

161

9.0

1.9

147

75 – 08 – 1

Ethyl mercaptan

9.2

4.4

0.11

75 – 09 – 2

Methylene chloride (Dichloromethane)

621

600

7.4

2693

75 – 12 – 7

Formamide

6.6

4.4

0.078

75 – 15 – 0

Carbon disulfide

700

8.3

3036

75 – 21 – 8

Ethylene oxide

6.4

4.3

0.076

75 – 25 – 2

Bromoform

0.23

75 – 31 – 0

Isopropylamine

0.40

148

75 – 34 – 3

1,1-Dichloroethane

2037

1358

8833

75 – 35 – 4

Vinylidene chloride

200

2.4

867

75 – 43 – 4

Dichlorofluoromethane

211

141

2.5

915

75 – 44 – 5

Phosgene

0.30

0.0036

1.3

75 – 45 – 6

Chlorodifluoromethane

50000

594

216823

75 – 47 – 8

Iodoform, as elemental iodine, inhalable fraction and vapor

0.081

0.054

0.00096

0.35

75 – 50 – 3

Trimethylamine

0.71

260

75 – 52 – 5

Nitromethane

III

744

496

8.8

3226

75 – 55 – 8

Propyleneimine

1.7

1.1

0.020

7.2

75 – 56 – 9

Propylene oxide

0.20

75 – 65 – 0

tert-Butanol

2134

1016

9254

75 – 74 – 1

Tetramethyl lead, as Pb

0.54

0.36

0.0064

2.3

75 – 86 – 5

Acetone cyanohydrin, as CN

0.21

75-91-2

Tert-Butyl hydroperoxide

2.6

1.2

0.031

76 – 03 – 9

Trichloroacetic acid

7.9

0.14

76 – 06 – 2

Chloropicrin

3.4

1.6

0.040

76 – 13 – 1

1,1,2-Trichloro-1,2,2-trifluoroethane

38581

25721

458

167305

76 – 22 – 2

Camphor, synthetic

1.0

369

76 – 44 – 8

Heptachlor

0.18

0.12

0.0021

0.78

77 – 47 – 4

Hexachlorocyclopentadiene (HCCPD)

0.55

0.20

0.0065

2.4

77 – 58 – 7

Dibutyltin dilaurate as Sn (see Tin, organic compounds, as Sn, CAS# 7440-31-5)

77 – 73 – 6

Dicyclopentadiene

9.7

6.4

0.12

77 – 78 – 1

Dimethyl sulfate

1.9

1.2

0.023

8.2

78 – 00 – 2

Tetraethyl lead, as Pb

0.36

0.24

0.0043

1.6

78 – 30 – 8

Triorthocresyl phosphate, inhalable fraction and vapor

0.071

0.048

0.00085

0.31

78 – 34 – 2

Dioxathion, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

78 – 59 – 1

Isophorone

141

1.7

611

78 – 83 – 1

Isobutyl alcohol

765

510

9.1

3317

78 – 87 – 5

Propylene dichloride (1,2-dichloropropane)

232

4.0

2.8

78 – 89 – 7

2-Chloro-1-propanol

0.32

117

78 – 92 – 2

sec-Butanol

2134

1016

9254

78 – 93 – 3

Methyl ethyl ketone (MEK)

5000

21682

78 – 94 – 4

Methyl vinyl ketone

0.11

0.068

0.0014

0.050

78 – 95 – 5

Chloroacetone

9.0

0.18

79 – 00 – 5

1,1,2-Trichloroethane

277

184

3.3

1201

79 – 01 – 6

Trichloroethylene

2.0

0.024

8.7

79 – 04 – 9

Chloroacetyl chloride

1.6

0.77

0.019

6.9

79 – 06 – 1

Acrylamide, inhalable fraction and vapor

6.0

0.071

79 – 09 – 4

Propionic acid

211

101

2.5

915

79 – 10 – 7

Acrylic acid

1.0

0.25

79 – 11 – 8

Monochloroacetic acid (Chloroacetic acid) –inhalable fraction and vapor

III

0.34

126

79-21-0

Peracetic acid, inhalable fraction and vapor

6.2

2.9

0.074

79 – 27 – 6

1,1,2,2-Tetrabromoethane

5.0

3.4

0.059

79 – 34 – 5

1,1,2,2-Tetrachloroethane

0.30

108

79 – 41 – 4

Methacrylic acid

352

235

4.2

1526

79 – 43 – 6

Dichloroacetic acid

9.4

6.3

0.11

79 – 44 – 7

Dimethyl carbamoyl chloride

0.075

0.050

0.00089

0.33

79 – 46 – 9

2-Nitropropane

129

1.5

326

80 – 51 – 3

p,p’-oxybis(benzenesulfonyl hydrazide), inhalable fraction

III

4.2

0.99

0.050

80 – 56 – 8

α - Pinene (see Turpentine and select monoterpenes, CAS# 8006-64-2)

80 – 62 – 6

Methyl methacrylate

732

700

8.7

3174

81 – 81 – 2

Warfarin, inhalable fraction

0.036

0.024

0.00042

0.15

82 – 68 – 8

Pentachloronitrobenzene

1.8

1.2

0.021

7.8

83 – 26 – 1

Pindone

0.36

0.24

0.0043

1.6

83 – 79 – 4

Rotenone, commercial

0.21

84 – 66 – 2

Diethyl phthalate

0.30

108

84 – 74 – 2

Dibutyl phthalate

0.30

108

85 – 00 – 7

Diquat dibromide, as the cation, inhalable fraction (see Diquat, as the cation, inhalable fraction, CAS# 2764-72-9)

85-00-7

Diquat dibromide, as the cation, respirable fraction (see Diquat, as the cation, respirable fraction, CAS# 2764-72-9)

85 – 01 – 8

Phenanthrene as coal tar pitch volatile (see Coal tar pitch volatiles, as benzene soluble aerosol, CAS# 65996-93-2)

85 – 42 – 7

Hexahydrophthalic anhydride, all isomers, inhalable fraction and vapor

0.0025

0.0017

0.000030

0.011

85 – 44 – 9

Phthalic anhydride, inhalable fraction and vapor

0.0071

0.0048

0.000085

0.031

86 – 50 – 0

Azinphos-methyl, inhalable fraction and vapor

0.71

0.48

0.0084

3.1

86-74-8

Carbazole as coal tar pitch volatile (see Coal tar pitch volatiles, as benzene soluble aerosol, CAS# 65996-93-2)

86 – 88 – 4

ANTU

1.1

0.71

0.013

4.8

87 – 68 – 3

Hexachlorobutadiene

1.1

0.50

0.013

4.8

87 – 86 – 5

Pentachlorophenol, inhalable fraction and vapor

1.8

1.2

0.021

7.8

88 – 06 – 2

2,4,6-Trichlorophenol

3.0

0.036

88 – 12 – 0

N-Vinyl-2-pyrrolidone

1.6

0.76

0.019

6.9

88 – 72 – 2

2-Nitrotoluene (see Nitrotoluene isomers, CAS# 1321-12-6)

88 – 89 – 1

Picric acid

0.50

0.34

0.0059

2.2

89 – 72 – 5

o-sec-Butylphenol

218

104

2.6

945

90 – 04 – 0

o-Anisidine

2.5

1.7

0.030

90 – 12 – 0

1-Methyl naphthalene (see Methylnaphthalene, all isomers CAS# 1321-94-4)

91 – 08 – 7

2,6-Toluene diisocyanate, inhalable fraction and vapor (or as TDI mixture)

0.025

0.017

0.00030

0.11

91 – 15 – 6

o-Phthalodinitrile, inhalable fraction and vapor

7.0

3.4

0.084

91 – 20 – 3

Naphthalene

186

3.0

2.2

91 – 22 – 5

Quinoline

0.0029

0.000034

0.013

91 – 57 – 6

2-Methyl naphthalene (see Methylnaphthalene, all isomers CAS# 1321-94-4)

91 – 59 – 8

ß-Naphthlamamine

91 – 94 – 1

3,3-Dichlorobenzidine

0.078

0.00093

0.34

92 – 52 – 4

Biphenyl

4.6

3.1

0.055

92 – 67 – 1

4-Aminodiphenyl

92 – 84 – 2

Phenothiazine, inhalable particulate matter

3.5

1.7

0.042

92 – 87 – 5

Benzidine

0.029

0.019

0.00034

0.12

92 – 93 – 3

4-Nitrodiphenyl

93 – 76 – 5

2,4,5-T

0.43

156

94 – 36 – 0

Benzoyl peroxide

0.30

108

94 – 75 – 7

2,4-D, inhalable fraction

0.43

156

95 – 13 – 6

Indene

III

353

236

4.2

1531

95 – 47 – 6

o-Xylene (see Xylene, mixed isomers CAS# 1330-20-7)

95 – 48 – 7

o-Cresol, inhalable fraction and vapor (see Cresol, all isomers, inhalable fraction and vapor, CAS# 1319-77-3)

95 – 49 – 8

o-Chlorotoluene

925

617

4011

95 – 50 – 1

o-Dichlorobenzene

536

357

6.4

2324

95 – 53 – 4

o-Toluidine

0.37

134

95 – 54 – 5

o-Phenylenediamine

0.36

0.24

0.0043

1.6

95 – 63 – 6

1,2,4-Trimethylbenzene (see Trimethyl benzene isomers CAS# 25551-13-7)

95-65-8

3,4-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS # 1300-71-6)

95 – 80 – 7

Toluene-2,4-diamine

0.089

0.059

0.0011

0.39

95-87-4

2,5-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS # 1300-71-6)

96-05-9

Allyl methacrylate

0.31

112

96-09-3

Styrene oxide

0.41

150

96 – 12 – 8

1,2-Dibromo-3-chloropropane

0.20

0.0024

0.87

96 – 18 – 4

1,2,3-Trichloropropane

0.30

0.0036

1.3

96 – 22 – 0

Diethyl ketone

4965

2364

21531

96 – 33 – 3

Methyl acrylate

0.42

152

96 – 45 – 7

Ethylene thiourea

0.97

0.012

4.2

97 – 77 – 8

Disulfiram

7.1

4.8

0.084

98 – 00 – 0

Furfuryl alcohol

5.7

2.7

0.067

98 – 01 – 1

Furfural

2.8

1.9

0.033

98 – 07 – 7

Benzotrichloride

0.0030

0.000036

0.013

98 – 51 – 1

p-tert-Butyl toluene

0.37

134

98-73-7

4-tert-Butylbenzoic acid, inhalable fraction and vapor

0.70

0.34

0.0084

3.1

98 – 82 – 8

Cumene

400

4.8

1735

98 – 83 – 9

alpha – Methyl styrene

173

115

2.1

750

98 – 86 – 2

Acetophenone (including benzene from gasoline)

246

164

2.9

1067

98 – 88 – 4

Benzoyl chloride

9.4

0.17

98 – 95 – 3

Nitrobenzene

9.0

0.21

99 – 08 – 1

m-Nitrotoluene (see Nitrotoluene isomers, CAS# 1321-12-6)

99 – 55 – 8

5-Nitro-o-toluidine, inhalable fraction and vapor

5.0

3.4

0.060

99 – 65 – 0

1,3-Dinitrobenzene, inhalable fraction and vapor

3.6

2.4

0.043

99 – 99 – 0

p-Nitrotoluene (see Nitrotoluene isomers, CAS# 1321-12-6)

100 – 00 – 5

p-Nitrochlorobenzene

2.3

1.5

0.027

100 – 01 – 6

p-Nitroaniline

7.1

0.13

100 – 21 – 0

Terephthalic acid

0.59

217

100 – 25 – 4

1,4-Dinitrobenzene, inhalable fraction and vapor (see Dinitrobenzene, mixed isomers, inhalable fraction and vapor, CAS# 25154-54-5)

100 – 37 – 8

2-Diethylaminoethanol

0.57

208

100 – 40 – 3

4-Vinyl cyclohexene

2.2

1.5

0.026

9.5

100 – 41 – 4

Ethyl benzene

1000

4336

100 – 42 – 5

Styrene, monomer

1000

4336

100 – 44 – 7

Benzyl chloride

0.23

100 – 61 – 8

N-methyl aniline

III

1.1

358

100 – 63 – 0

Phenylhydrazine

2.2

1.5

0.026

9.5

100 – 74 – 3

N-Ethylmorpholine

169

2.0

733

100-80-1

3-Vinyltoluene (see Vinyltoluene all isomers CAS# 25013-15-4)

100-97-0

Hexamethylenetetramine, inhalable fraction and vapor

III

9.9

0.50

162

101 – 14 – 4

4,4-Methylene bis (2-chloroaniline), inhalable fraction and vapor

0.39

0.26

0.0046

1.7

101 – 68 – 8

Methylene bisphenyl isocyanate

0.18

0.020

0.0021

0.33

101 – 77 – 9

4,4-Methylene dianiline

4.1

2.7

0.049

102 – 54 – 5

Dicyclopentadienyl iron, as Fe

0.59

217

102 – 71 – 6

Triethanolamine

0.30

108

102 – 81 – 8

2-N-Dibutylaminoethanol

0.21

103-71-9

Phenyl isocyanate

0.087

0.058

0.0010

0.38

104-76-7

2-Ethyl-1-hexanol

1.1

412

104 – 94 – 9

p-Anisidine

2.5

1.7

0.030

105-06-6

1,4-Divinylbenzene (see Divinylbenzene-ethyl styrene mixtures, as total Divinylbenzene isomers CAS# 0-00-0)

105 – 60 – 2

Caprolactam, inhalable fraction and vapor

0.21

105-67-9

2,4-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS# 1300-71-6)

106 – 42 – 3

p-Xylene (see Xylene, mixed isomers CAS# 1330-20-7)

106 – 44 – 5

p-Cresol, inhalable fraction and vapor (see Cresol, all isomers, inhalable fraction and vapor, CAS# 1319-77-3)

106 – 46 – 7

p-Dichlorobenzene

800

9.5

3469

106 – 49 – 0

p-Toluidine

0.52

191

106 – 50 – 3

p-Phenylenediamine

0.50

0.34

0.0059

2.2

106 – 51 – 4

Benzoquinone

2.2

1.5

0.026

9.6

106 – 87 – 6

Vinyl cyclohexene dioxide

2.0

1.4

0.024

8.7

106 – 88 – 7

1,2-Epoxybutane

0.24

106 – 89 – 8

Epichlorohydrin

6.8

1.0

0.081

106-91-2

Glycidyl methacrylate

0.21

0.14

0.0025

0.90

106 – 92 – 3

Allyl glycidyl ether

0.27

100

106 – 93 – 4

Ethylene dibromide

0.050

0.00059

0.22

106 – 94 – 5

1-Bromopropane

1.8

1.2

0.021

7.8

106 – 95 – 6

Allyl bromide

2.5

1.2

0.029

106-98-9

1-Butene (see Butenes, all isomers, CAS# 25167-67-3)

106 – 99 – 0

1,3-Butadiene

2.0

0.024

8.7

107-01-7

2-Butene (see Butenes, all isomers, CAS# 25167-67-3)

107 – 02 – 8

Acrolein

0.82

0.020

0.0097

0.33

107 – 05 – 1

Allyl chloride

1.0

0.13

107 – 06 – 2

Ethylene dichloride

143

1.7

620

107 – 07 – 3

Ethylene chlorohydrin

7.9

0.14

107 – 13 – 1

Acrylonitrile

2.0

0.18

107 – 15 – 3

Ethylenediamine

176

2.1

763

107 – 18 – 6

Allyl alcohol

4.3

2.9

0.051

107 – 19 – 7

Propargyl alcohol

8.2

5.5

0.097

107 – 20 – 0

Chloroacetaldehyde

0.19

107 – 21 – 1

Ethylene glycol, vapor fraction

319

213

3.8

1384

107 – 22 – 2

Glyoxal, inhalable fraction and vapor

0.70

0.34

0.0083

3.0

107 – 30 – 2

Chloromethyl methyl ether

107-31-3

Methyl formate

III

2558

1218

11094

107-41-5

Hexylene glycol, vapor fraction

851

405

3690

107 – 49 – 3

Tetraethyl pyrophosphate (TEPP), inhalable fraction and vapor

0.036

0.024

0.00043

0.16

107 – 98 – 2

1-Methoxy-2-propanol

2000

8673

108 – 03 – 2

1-Nitropropane

458

305

5.4

1986

108 – 05 – 4

Vinyl acetate

200

2.4

867

108 – 08 – 7

2,4-Dimethylpentane

(see Heptane, all isomers, CAS# 142-82-5)

108 – 10 – 1

Methyl isobutyl ketone (MIBK)

3000

13009

108-11-2

Methyl isobutyl carbinol

III

1741

829

7551

108 – 18 – 9

Diisopropylamine

148

1.8

642

108-21-4

Isopropyl acetate (see n-Propyl acetate, CAS# 109-60-4)

108 – 24 – 7

Acetic anhydride

0.25

108 – 31 – 6

Maleic anhydride, inhalable fraction and vapor

0.050

0.034

0.00059

0.22

108 – 38 – 3

m-Xylene (see Xylene, mixed isomers CAS# 1330-20-7)

108 – 39 – 4

m-Cresol, inhalable fraction and vapor (see Cresol, all isomers, inhalable fraction and vapor, CAS# 1319-77-3)

108 – 44 – 1

m-Toluidine

0.52

191

108 – 45 – 2

m-Phenylenediamine

0.36

0.24

0.0043

1.6

108 – 46 – 3

Resorcinol

226

151

2.7

980

108-57-6

1,3-Divinylbenzene (see Divinylbenzene-ethyl styrene mixtures, as total Divinylbenzene isomers CAS# 0-00-0)

108 – 67 – 8

1,3,5-Trimethylbenzene (see Trimethylbenzene isomers CAS# 25551-13-7)

108-68-9

3,5-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS# 1300-71-6)

108-84-9

Sec-Hexyl acetate

III

2458

1170

10657

108 – 88 – 3

Toluene

5000

21682

108 – 90 – 7

Chlorobenzene

231

154

2.7

1002

108 – 91 – 8

Cyclohexylamine

146

1.7

633

108 – 93 – 0

Cyclohexanol

736

490

8.7

3192

108 – 94 – 1

Cyclohexanone

404

269

4.8

1752

108 – 95 – 2

Phenol

0.81

295

108 – 98 – 5

Phenyl mercaptan

1.6

1.1

0.019

6.9

109 – 59 – 1

2-Isopropoxyethanol

746

355

8.9

3235

109-60-4

n-Propyl acetate

III

8702

4144

103

37737

109-63-7

Boron triflouride diethyl ether, as BF₃

III

5.8

0.14

109 – 73 – 9

n-Butylamine

0.89

325

109 – 79 – 5

n‑Butyl mercaptan

9.0

4.3

0.11

109 – 86 – 4

2-Methoxyethanol (EGME)

0.24

109 – 87 – 5

Methylal

15644

10429

186

67840

109 – 89 – 7

Diethylamine

0.89

325

109 – 90 – 0

Ethyl isocyanate

0.29

0.14

0.0030

1.3

109 – 99 – 9

Tetrahydrofuran

2000

8673

110 – 49 – 6

2-Methoxyethyl acetate (EGMEA)

1.7

1.2

0.020

7.4

110 – 54 – 3

n-Hexane

885

700

3838

110 – 62 – 3

n-Valeraldehyde

1239

590

5373

110 – 80 – 5

2-Ethoxyethanol (EGEE)

200

2.4

867

110 – 82 – 7

Cyclohexane

6000

26019

110 – 83 – 8

Cyclohexene

388

225

4.0

1466

110 – 85 – 0

Piperazine and salts (as piperazine), inhalable fraction and vapor

0.50

0.24

0.0059

2.2

110 – 86 – 1

Pyridine

0.19

110 – 91 – 8

Morpholine

357

238

4.2

1548

111 – 15 – 9

2-Ethoxyethyl acetate (EGEEA)

1.1

416

111 – 30 – 8

Glutaraldehyde, activated or unactivated

0.71

0.48

0.0084

3.1

111 – 40 – 0

Diethylene triamine

0.25

111 – 42 – 2

Diethanolamine, inhalable fraction and vapor

3.6

2.4

0.042

111 – 44 – 4

Dichloroethyl ether

104

1.2

451

111 – 65 – 9

Octane, all isomers

7000

3333

30355

111 – 69 – 3

Adiponitrile

0.52

191

111 – 76 – 2

2-Butoxyethanol

1600

6938

112 – 07 – 2

2-Butoxyethyl acetate

659

439

7.8

2858

112-34-5

Diethylene glycol monobutyl ether (DGME), inhalable fraction and vapor

III

1382

658

5994

112 – 55 – 0

Dodecyl mercaptan

3.0

2.0

0.036

114 – 26 – 1

Propoxur, inhalable fraction and vapor

1.8

1.2

0.021

7.7

115 – 11 – 7

Isobutene

2886

1924

12515

115 – 29 – 7

Endosulfan, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

115 – 77 – 5

Pentaerythritol

0.59

217

115 – 90 – 2

Fensulfothion, inhalable fraction and vapor

0.036

0.024

0.00043

0.16

116-06-3

Aldicarb, inhalable fraction and vapor

0.018

0.012

0.00021

0.077

116 – 14 – 3

Tetrafluoroethylene

III

171

2.0

742

116 – 15 – 4

Hexafluoropropylene

4.3

2.1

0.051

117 – 81 – 7

Di(2-ethyl hexyl)phthalate

0.36

0.24

0.0042

1.5

118 – 52 – 5

1,3-Dichloro-5,5-dimethyl hydantoin

1.4

0.67

0.017

6.1

118 – 74 – 1

Hexachlorobenzene

0.0070

0.0050

0.000083

0.030

118 – 96 – 7

2,4,6-Trinitrotoluene, inhalable fraction and vapor

0.50

0.34

0.0059

2.2

119 – 93 – 7

o-Tolidine

0.071

0.048

0.00084

0.31

120-12-7

Anthracene as coal tar pitch volatiles (see coal tar pitch volatiles as benzene soluble aerosol, CAS# 65996-93-2)

120 – 80 – 9

Catechol

116

1.4

503

120 – 82 – 1

1,2,4-Trichlorobenzene

186

124

2.2

807

121 – 14 – 2

2,4-Dinitrotoluene (see Dinitrotoluene, mixed isomers, CAS# 25321-14-6)

121 – 44 – 8

Triethylamine

7.0

0.12

121 – 45 – 9

Trimethyl phosphite

0.59

217

121 – 69 – 7

Dimethylaniline

126

1.5

546

121 – 75 – 5

Malathion, inhalable fraction and vapor

3.6

2.4

0.043

121 – 82 – 4

Cyclonite

1.8

1.2

0.021

7.8

122-34-9

Simazine, inhalable fraction

1.8

1.2

0.021

7.7

122 – 39 – 4

Diphenylamine

0.59

217

122 – 60 – 1

Phenyl glycidyl ether (PGE)

2.1

1.4

0.025

9.1

122 – 66 – 7

1,2-Diphenylhydrazine

0.050

0.00059

0.22

123 – 31 – 9

Hydroquinone

3.6

2.4

0.043

123 – 38 – 6

Propionaldehyde

239

8.0

2.8

130

123-39-7

Monomethylformamide

8.6

5.8

0.10

123 – 42 – 2

Diacetone alcohol

1197

798

5191

123 – 51 – 3

Isoamyl alcohol

1816

1211

7875

123 – 54 – 6

2,4-Pentanedione

366

244

4.3

1587

123 – 86 – 4

n-Butyl acetate

1673

797

7254

123 – 91 – 1

1,4-Dioxane

258

3.1

488

124 – 09 – 4

1,6-Hexanediamine

7.7

0.14

124 – 40 – 3

Dimethylamine

0.77

282

124 – 64 – 1

Tetrakis (hydroxymethyl) phosphonium chloride

6.7

0.12

126 – 73 – 8

Tributyl phosphate, inhalable fraction and vapor

0.30

108

126 – 98 – 7

Methylacrylonitrile

9.6

6.4

0.11

126 – 99 – 8

β-Chloroprene

8.6

0.15

127 – 00 – 4

1-Chloro-2-propanol

0.33

121

127 – 18 – 4

Perchloroethylene

607

7.2

651

127 – 19 – 5

N,N-Dimethylacetamide

127

1.5

552

127 – 91 – 3

ß-Pinene (see Turpentine and select monoterpenes, CAS# 8006-64-2)

128 – 37 – 0

Butylated hydroxytoluene (BHT), inhalable fraction and vapor

6.7

0.12

129 – 00 – 0

Pyrene as coal tar pitch volatiles (see Coal tar pitch volatiles, as benzene soluble aerosol, CAS# 65996-93-2)

131 – 11 – 3

Dimethylphthalate

0.30

108

133 – 06 – 2

Captan, inhalable fraction

0.21

133-07-3

Folpet, inhalable fraction

5.0

2.4

0.059

135 – 88 – 6

N-Phenyl-ß-naphthylamine

136 – 78 – 7

Sesone

0.59

217

137 – 05 – 3

Methyl 2-cyanoacrylate

3.3

2.2

0.039

137 – 26 – 8

Thiram, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

140 – 11 – 4

Benzyl acetate

307

205

3.6

1331

140 – 88 – 5

Ethyl acrylate

0.84

308

141 – 32 – 2

n-Butyl acrylate

0.62

225

141 – 43 – 5

Ethanolamine

0.32

117

141 – 66 – 2

Dicrotophos, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

141 – 78 – 6

Ethyl acetate

10141

4829

120

43976

141 – 79 – 7

Mesityl oxide

302

201

3.6

1310

142 – 82 – 5

Heptane, all isomers

8249

5500

35771

143 – 33 – 9

Sodium cyanide, as CN (see Hydrogen cyanide and cyanide salts, as CN, CAS# 74-90-8)

144 – 62 – 7

Oxalic acid, anhydrous

3.6

2.4

0.042

148 – 01 – 6

3,5-Dinitro-o-tolumide

7.0

3.4

0.084

149 – 57 – 5

2-Ethylhexanoic acid, inhalable fraction and vapor

0.21

151 – 50 – 8

Potassium cyanide, as CN (see Hydrogen cyanide and cyanide salts, as CN, CAS# 74-90-8)

151 – 56 – 4

Ethylenimine

0.31

0.21

0.0037

1.4

151 – 67 – 7

Halothane

2020

962

8760

156 – 59 – 2

cis 1,2-Dichloroethylene

3989

2659

17298

156 – 60 – 5

trans-1,2-Dichloroethylene

3989

2659

17298

156 – 62 – 7

Calcium cyanamide

2.5

1.7

0.030

205 – 99 – 2

Benzo[b]fluoranthene

0.36

0.24

0.0043

1.6

218 – 01 – 9

Chrysene

0.36

0.24

0.0043

1.6

260-94-6

Acridine, as coal tar pitch volatiles (see Coal tar pitch volatiles, as benzene soluble aerosol, CAS# 65996-93-2)

298 – 00 – 0

Methyl parathion, inhalable fraction and vapor

0.071

0.048

0.00084

0.31

298 – 02 – 2

Phorate, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

298 – 04 – 4

Disulfoton, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

299 – 84 – 3

Ronnel – inhalable fraction and vapor

0.21

299 – 86 – 5

Crufomate

0.21

300 – 76 – 5

Naled, inhalable fraction and vapor

0.50

0.34

0.0059

2.2

302 – 01 – 2

Hydrazine

0.046

0.031

0.00055

0.20

309 – 00 – 2

Aldrin, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

314 – 40 – 9

Bromacil

0.43

156

330 – 54 – 1

Diuron

0.43

156

333 – 41 – 5

Diazinon, inhalable fraction and vapor

0.036

0.024

0.00043

0.16

334 – 88 – 3

Diazomethane

1.2

0.81

0.014

5.2

353-42-4

Boron triflouride dimethyl ether, as BF₃

III

9.7

4.6

0.12

353 – 50 – 4

Carbonyl fluoride

0.32

117

382 – 21 – 8

Perfluoroisobutylene

0.29

0.20

0.0034

1.3

409 – 21 – 2

Silicon carbide: non-fibrous (inhalable fraction)

0.59

217

409 – 21 – 2

Silicon carbide: non-fibrous (respirable fraction)

0.18

420 – 04 – 2

Cyanamide

6.7

0.17

431 – 03 – 8

Diacetyl

0.25

0.12

0.0029

1.1

460 – 19 – 5

Cyanogen

0.80

0.64

463 – 51 – 4

Ketene

0.31

0.20

0.0036

1.3

463 – 58 – 1

Carbonyl sulfide

1.0

377

479 – 45 – 8

Tetryl

7.5

5.0

0.089

504 – 29 – 0

2-Aminopyridine

6.8

4.5

0.081

506 – 64 – 9

Silver cyanide (as hydrogen cyanide)

0.21

506-68-3

Cyanogen bromide

4.6

3.1

0.055

506 – 77 – 4

Cyanogen chloride

2.7

1.8

0.032

509 – 14 – 8

Tetranitromethane

0.14

0.095

0.0017

0.61

513-35-9

2-Methyl-2-butene

144

1.7

626

513-79-1

Cobaltous carbonate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

526-73-8

1,2,3-Trimethylbenzene, (see Trimethyl benzene isomers CAS# 25551-13-7)

526-75-0

2,3-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS# 1300-71-6)

528 – 29 – 0

1,2-Dinitrobenzene, inhalable fraction and vapor (see Dinitrobenzene, mixed isomers, inhalable fraction and vapor, CAS# 25154-54-5)

532 – 27 – 4

2-Chloroacetophenone

1.1

0.030

0.013

0.49

532-32-1

Sodium benzoate, as benzoate, inhalable particulate matter

III

0.62

226

534 – 52 – 1

4,6-Dinitro-o-cresol, inhalable fraction and vapor

0.71

0.48

0.0084

3.1

540 – 59 – 0

1,2-Dichloroethylene, all isomers

III

16521

7867

196

71643

542 – 56 – 3

Isobutyl nitrite

0.29

104

542 – 75 – 6

1,3-Dichloropropene

0.24

542 – 88 – 1

bis(Chloromethyl) ether

0.017

0.011

0.00020

0.074

542 – 92 – 7

Cyclopentadiene (see Dicyclopentadiene, CAS# 77-73-6)

543-80-6

Barium acetate, as Ba (see Barium and soluble compounds, as Ba, CAS# 7440-39-3)

552 – 30 – 7

Trimetallic anhydride, inhalable fraction and vapor

0.0025

0.0017

0.000030

0.011

556 – 52 – 5

Glycidol

0.36

130

557 – 05 – 1

Zinc stearate, inhalable fraction (see Stearates, inhalable fraction, CAS# 0-00-0)

557-05-1

Zinc stearate, respirable fraction (see Stearates, respirable fraction, CAS# 0-00-0)

558 – 13 – 4

Carbon tetrabromide

III

0.25

563 – 12 – 2

Ethion, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

563 – 80 – 4

Methyl isopropyl ketone

352

168

4.2

1526

565 – 59 – 3

2,3-Dimethylpentane

(see Heptane, all isomers, CAS# 142-82-5)

576-26-1

2,6-Dimethylphenol, inhalable fraction and vapor (see Dimethylphenol, mixed isomers, inhalable fraction and vapor, CAS# 1300-71-6)

582-25-2

Potassium benzoate, as benzoate, inhalable particulate matter

III

0.62

226

583-60-8

2-Methylcyclohexanone (see Methylcyclohexanone, all isomers CAS# 1331-22-2)

584 – 84 – 9

Toluene-2,4-diisocyanate, inhalable fraction and vapor (or as TDI mixture)

0.025

0.017

0.00030

0.11

589 – 34 – 4

3-Methylhexane (see Heptane, all isomers, CAS# 142-82-5)

589-92-4

4-Methylcyclohexanone (see Methylcyclohexanone, all isomers CAS# 1331-22-2)

590-18-1

Cis-2-Butene (see Butenes, all isomers, CAS# 25167-67-3)

590 – 35 – 2

2,2-Dimethylpentane

(see Heptane, all isomers, CAS# 142-82-5)

591-24-2

3-Methylcyclohexanone (see Methylcyclohexanone, all isomers CAS# 1331-22-2)

591 – 76 – 4

2-Methylhexane

(see Heptane, all isomers, CAS# 142-82-5)

591 – 78 – 6

Methyl-n-butyl ketone

101

1.2

438

592 – 01 – 8

Calcium cyanide as CN (see Hydrogen cyanide and cyanide salts, as CN, CAS# 74-90-8)

593 – 60 – 2

Vinyl bromide

7.9

5.2

0.093

594 – 42 – 3

Perchloromethyl mercaptan

2.7

1.8

0.032

594 – 72 – 9

1,1-Dichloro-1-nitroethane

1.0

369

598 – 78 – 7

2-Chloropropionic acid

2.2

1.0

0.026

9.5

600 – 25 – 9

1-Chloro-1-nitropropane

0.83

304

602-01-7

2,3-Dinitrotoluene

1.4

0.67

0.017

6.1

606-20-2

2,6-Dinitrotoluene (see 2,3-Dinitrotoluene, CAS# 602-01-7)

610-39-9

3,4-Dinitrotoluene (see 2.3-Dinitrotoluene, CAS# 602-01-7)

611-15-4

2-Vinyltoluene (see Vinyltoluene, all isomers, CAS# 25013-15-4)

618-85-9

3,5-Dinitrotoluene (see 2.3-Dinitrotoluene, CAS# 602-01-7)

619-15-8

2,5-Dinitrotoluene (see 2.3-Dinitrotoluene, CAS# 602-01-7)

622-97-9

4-Vinyltoluene (see Vinyltoluene, all isomers, CAS# 25013-15-4)

624-64-6

Trans-2-Butene (see Butenes, all isomers, CAS# 25167-67-3)

624 – 83 – 9

Methyl isocyanate

0.17

0.11

0.0020

0.73

624 – 92 – 0

Dimethyl disulfide

9.7

6.5

0.12

626 – 17 – 5

m-Phthalodinitrile, inhalable fraction and vapor

0.30

108

627-13-4

n-Propyl nitrate

III

448

213

5.3

1942

628 – 96 – 6

Ethylene glycol dinitrate

0.31

0.21

0.0037

1.4

637 – 92 – 3

Ethyl tert-butyl ether (ETBE)

736

350

8.7

3192

638 – 21 – 1

Phenylphosphine

0.82

0.55

0.0097

3.6

643-79-8

o-Phthalaldehyde, vapor fraction

0.0028

0.0018

0.000033

0.012

646 – 06 – 0

1,3-Dioxolane

427

203

5.1

1852

681 – 84 – 5

Methyl silicate

0.25

684 – 16 – 2

Hexafluoroacetone

2.4

1.6

0.029

688 – 73 – 3

tri-N-Butylstannane hydride as Sn (see Tin, organic compounds, as SN, CAS# 7440-31-5)

764 – 41 – 0

1,4-Dichloro-2-butene

0.089

0.060

0.0011

0.39

768 – 52 – 5

N-Isopropylaniline

0.91

334

822 – 06 – 0

Hexamethylene diisocyanate

0.12

0.010

0.0014

0.16

872 – 50 – 4

n-Methyl-2-pyrrolidone

1429

952

6197

919 – 86 – 8

Demeton-S-methyl, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

944 – 22 – 9

Fonofos – inhalable fraction and vapor

0.036

0.024

0.00043

0.16

961-11-5

Tetrachlorvinphos, mixed isomers, inhalable particulate matter

1.8

1.2

0.021

7.7

994 – 05 – 8

tert-Amyl methyl ether (TAME)

421

280

5.0

1826

999 – 61 – 1

2-Hydroxypropyl acrylate

6.7

0.17

1024 – 57 – 3

Heptachlor epoxide

0.18

0.12

0.0021

0.78

1071-83-6

Glyphosphate, inhalable particulate matter

0.21

1120 – 71 – 4

Propane sultone

1189-85-1

Tert-Butyl chromate, as CrO₃

0.50

0.34

0.0060

2.2

1213-99-1

Nickel (II) oxide, as Ni, inhalable fraction, (see Nickel, insoluble inorganic compounds as Ni, inhalable fraction, CAS# 7440-02-0)

1300-71-6

Dimethylphenol, mixed isomers, inhalable fraction and vapor

0.30

109

1300 – 73 – 8

Xylidine (mixed isomers), inhalable fraction and vapor

8.4

0.15

1303 – 00 – 0

Gallium arsenide, respirable fraction

0.0011

0.00071

0.000013

0.0046

1303 – 96 – 4

Borax, inhalable fraction (see Borate compounds, inorganic, inhalable fraction, CAS# 0-00-0)

1304 – 28 – 5

Barium oxide as Ba, (see Barium and soluble compounds, as Ba, CAS# 7440-39-3)

1304 – 56 – 9

Beryllium oxide as Be, inhalable fraction (see Beryllium and compounds, as Be, inhalable fraction, CAS# 7440-41-7)

1304 – 82 – 1

Bismuth telluride Se-doped, as Bi₂Te₃

0.30

108

1305 – 62 – 0

Calcium hydroxide

III

104

1.2

451

1306 – 19 – 0

Cadmium oxide as Cd, respirable fraction (see Cadmium and compounds, as Cd, respirable fraction, CAS# 7440-43-9)

1306-23-6

Cadmium sulfide, as Cd, respirable fraction (see Cadmium and compounds, as Cd, respirable fraction, CAS# 7440-43-9)

1306-23-6

Cadmium sulfide, as Cd, total particulate (see Cadmium and compounds, as Cd, total particulate, CAS# 7440-43-9)

1307-96-6

Cobaltous oxide, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

1308-06-1

Cobalt oxide, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

1308-31-2

Chromite, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr (III), inhalable fraction, CAS# 16065-83-1)

1308-38-9

Chromium oxide, as Cr (III), inhalable fraction (see Trivalent chromium compounds, as Cr (III), inhalable fraction, CAS# 16065-83-1)

1309 – 37 – 1

Iron oxide (Fe₂O₃) – respirable fraction

0.30

108

1309 – 64 – 4

Antimony trioxide, inhalable particulate matter

0.071

0.048

0.00085

0.31

1310 – 58 – 3

Potassium hydroxide

6.7

0.13

1313 – 13 – 9

Manganese dioxide as Mn, respirable fraction

1.0

0.67

0.012

4.3

1313-13-9

Manganese (IV) dioxide as Mn, inhalable fraction (see Manganese, elemental an inorganic compounds as Mn, inhalable fraction, CAS# 7439-96-5)

1313-99-1

Nickel (II) oxide, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

1314-04-1

Nickel sulfide, as Ni, inhalable fraction (see Nickel, insoluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

1314 – 06 – 3

Nickel peroxide, as Ni, inhalable fraction (see Nickel soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

1314 – 13 – 2

Zinc oxide, respirable fraction

6.7

0.12

1314-35-8

Tungsten trioxide, as W, respirable fraction (see Tungsten and compounds, in absence of cobalt, as W, respirable fraction, CAS# 7440-33-7)

1314 – 62 – 1

Vanadium pentoxide as Va, inhalable fraction

0.18

0.12

0.0021

0.78

1314 – 80 – 3

Phosphorus pentasulfide

5.0

3.4

0.059

1317-34-6

Manganese (III) oxide, as Mn, respirable fraction (see Manganese elemental and inorganic compounds, as Mn, respirable fraction, CAS# 7439-96-5)

1317-34-6

Manganese (III) oxide, as Mn, inhalable fraction (see Manganese elemental and inorganic compounds, as Mn, inhalable fraction, CAS# 7439-96-5)

1317 – 36 – 8

Lead monoxide, as Pb (see Lead, and inorganic compounds, as Pb, CAS# 7439-92-1)

1317 – 39 – 1

Copper (I) oxide, as Cu (see Copper, dusts and mists, as Cu, CAS# 7440-50-8)

1317 – 95 – 9

Silica, Crystalline – Tripoli, respirable fraction

0.089

0.060

0.0011

0.39

1319 – 77 – 3

Cresol, all isomers, inhalable fraction and vapor

0.84

308

1321-12-6

Nitrotoluene isomers

0.46

169

1321 – 64 – 8

Pentachloronaphthalene, inhalable fraction and vapor

2.5

1.7

0.030

1321 – 65 – 9

Trichloronaphthalene

0.30

108

1321-94-4

Methylnaphthalene, mixed isomers

1.5

0.98

0.017

6.3

1330 – 20 – 7

Xylene, mixed isomers

310

100

3.7

1345

1330 – 43 – 4

Sodium tetraborate, inhalable fraction (see Borate compounds, inorganic, inhalable fraction, CAS# 0-00-0)

1331-22-2

Methylcyclohexanone, all isomers

462

308

5.5

2001

1332 – 58 – 7

Kaolin, containing no asbestos, respirable fraction

6.7

0.12

1333 – 82 – 0

Chromium, trioxide, as Cr (VI), inhalable fraction (see Hexavalent chromium compounds, as Cr (VI), inhalable fraction, CAS# 18540-29-9)

1333-86-4

Carbon black, inhalable fraction

0.18

1335 – 87 – 1

Hexachloronaphthalene

III

3.0

2.0

0.036

1335 – 88 – 2

Tetrachloronaphthalene

6.7

0.12

1336 – 36 – 3

Polychlorinated biphenyls (Aroclors)

0.10

0.0012

0.43

1338 – 23 – 4

Methyl ethyl ketone peroxide

5.4

3.6

0.064

1395 – 21 – 7

Subtilisins as crystalline active enzyme

0.00030

0.00020

0.0000036

0.0013

1563 – 66 – 2

Carbofuran, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

1582 – 09 – 8

Trifluraline

4.6

0.055

1610-18-0

Prometon, inhalable particulate matter

1.8

1.2

0.021

7.7

1634 – 04 – 4

Methyl-tert butyl ether

3000

13009

1746 – 01 – 6

2,3,7,8-Tetrachlorodibenzeno-p-Dioxin

2.3E-7

2.7E-9

1.0E-6

1910-42-5

Paraquat dichloride, as the cation, inhalable fraction (see Paraquat as the cation, inhalable fraction, CAS# 4685-14-7)

1912 – 24 – 9

Atrazine (and related symmetrical triazines), inhalable fraction

7.1

4.8

0.085

1918 – 02 – 1

Picloram

0.59

217

1929 – 82 – 4

Nitrapyrin, inhalable fraction and vapor

0.59

217

2039-87-4

o-Chlorostyrene

III

4218

2812

18290

2074-50-2

Paraquat dimethyl sulfate, as the cation, inhalable fraction (see Paraquat, as the cation, inhalable fraction, CAS# 4685-14-7)

2104 – 64 – 5

EPN, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

2179 – 59 – 1

Allyl propyl disulfide

0.18

2234 – 13 – 1

Octachloronaphthalene

III

1.5

0.99

0.018

6.5

2238 – 07 – 5

Diglycidyl ether (DGE)

0.19

0.13

0.0023

0.82

2425 – 06 – 1

Captafol, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

2426 – 08 – 6

n-Butyl glycidyl ether (BGE)

0.68

247

2451 – 62 – 9

1,3,5-Triglycidyl-s-triazinetrione

0.18

0.12

0.0021

0.78

2528 – 36 – 1

Dibutyl phenyl phosphate

0.21

2698 – 41 – 1

o-Chlorobenzylidene malononitrile, inhalable fraction and vapor

1.6

0.93

0.019

6.9

2699 – 79 – 8

Sulfuryl fluoride

0.89

325

2764 – 72 – 9

Diquat, as the cation, inhalable fraction

1.8

1.2

0.021

7.8

2764 – 72 – 9

Diquat, as the cation, respirable fraction

0.36

0.24

0.0042

1.5

2921 – 88 – 2

Chlorpyrifos, inhalable fraction and vapor

0.36

0.24

0.0043

1.6

2971-90-6

Clopidol, inhalable fraction and vapor

0.25

3033 – 62 – 3

bis(2-dimethylaminoethyl) ether (DMAEE)

1.6

0.78

0.019

6.9

3333 – 52 – 6

Tetramethyl succinonitrile, inhalable fraction and vapor

6.7

0.12

3383 – 96 – 8

Temephos, inhalable fraction

5.0

3.4

0.059

3425-89-6

4-Methyl-1,2,3,6- tetrahydrophthalic anhydride (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

3547-04-4

DDE (1,1-Dichloro-2,2-bis(P-Chlorophenyl))

0.10

0.0012

0.43

3689 – 24 – 5

Sulfotep (TEDP), inhalable fraction and vapor

0.36

0.24

0.0043

1.6

3710-84-7

N,N- Diethylhydroxylamine

0.43

156

3825 – 26 – 1

Ammonium perfluorooctanoate

0.050

0.024

0.00059

0.22

4016 – 14 – 2

Isopropyl glycidyl ether (IGE)

1197

798

5191

4098 – 71 – 9

Isophorone diisocyanate

0.16

0.11

0.0019

0.69

4170 – 30 – 3

Crotonaldehyde

3.1

2.0

0.037

4685-14-7

Paraquat as the cation, inhalable fraction

0.18

0.12

0.0021

0.77

5124 – 30 – 1

Methylene bis(4-cyclohexylisocyanate)

III

0.80

0.54

0.0095

3.5

5333-84-6

1,2,3,6-Tetrahydro-3-methylphthalic anhydride (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

5392 – 40 – 5

Citral, inhalable fraction and vapor

1.1

386

5714 – 22 – 7

Sulfur pentafluoride

0.042

0.025

0.00049

0.18

6018-89-9

Nickel acetate, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

6153-56-6

Oxalic acid, dihydrate

3.6

2.4

0.042

6385 – 62 – 2

Diquat dibromide monohydrate, as the cation, inhalable fraction (see Diquat, as the cation, inhalable fraction, CAS# 2764-72-9)

6385-62-2

Diquat dibromide monohydrate, as the cation, respirable fraction (see Diquat, as the cation, respirable fraction, CAS# 2764-72-9)

6423 – 43 – 4

Propylene glycol dinitrate

0.34

0.23

0.0041

1.5

6923 – 22 – 4

Monocrotophos, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

7085-85-0

Ethyl 2-cyanoacrylate

5.2

3.4

0.061

7287-19-6

Prometryn, inhalable particulate matter

3.6

2.4

0.42

7429 – 90 – 5

Aluminum metal and insoluble compounds – respirable fraction

5.0

3.4

0.059

7439 – 92 – 1

Lead, and inorganic compounds as Pb

0.15

0.12

0.0018

0.65

7439 – 96 – 5

Manganese, elemental and inorganic compounds, as Mn, respirable fraction

0.10

0.050

0.0012

0.44

7439 – 96 – 5

Manganese, elemental and inorganic compounds, as Mn, inhalable fraction

0.50

0.050

0.0060

0.81

7439 – 97 – 6

Mercury, aryl compounds

0.36

0.30

0.0043

1.6

7439 – 97 – 6

Mercury, alkyl compounds

0.30

0.0036

1.3

7439 – 97 – 6

Mercury, elemental and inorganic forms

0.30

0.0036

1.3

7439 – 98 – 7

Molybdenum metal and insoluble compounds, as Mo; inhalable fraction

0.43

156

7439 – 98 – 7

Molybdenum metal and insoluble compounds, as Mo, respirable fraction

7.1

0.13

7439 – 98 – 7

Molybdenum soluble compounds, as Mo, respirable fraction

1.8

1.2

0.021

7.8

7440 – 02 – 0

Nickel, insoluble, inorganic compounds, as Ni, inhalable fraction

0.71

0.48

0.0085

3.1

7440 – 02 – 0

Nickel, elemental, as Ni, inhalable fraction

5.4

3.6

0.064

7440 – 02 – 0

Nickel, soluble inorganic compounds, as Ni, inhalable fraction

0.36

0.24

0.0043

1.6

7440-06-4

Platinum metal

5.0

3.4

0.060

7440 – 06 – 4

Platinum, soluble salts, as Pt

0.010

0.0070

0.00012

0.043

7440 – 16 – 6

Rhodium, soluble compounds

0.050

0.034

0.00059

0.22

7440 – 22 – 4

Silver metal, dust and fume

0.50

0.34

0.0059

2.2

7440 – 22 – 4

Silver and compounds as Ag, soluble compounds

0.050

0.034

0.00059

0.22

7440 – 28 – 0

Thallium and compounds, as Tl, inhalable fraction

0.071

0.048

0.00084

0.31

7440 – 31 – 5

Tin, metal, inhalable fraction

6.7

0.12

7440 – 31 – 5

Tin, organic compounds, as Sn

0.36

0.24

0.0043

1.6

7440 – 31 – 5

Tin and inorganic compounds (not- SnH4 and indium tin oxide), as Sn, inhalable fraction

6.7

0.12

7440 – 33 – 7

Tungsten and compounds in the absence of cobalt, as W, respirable fraction

7.1

0.13

7440 – 36 – 0

Antimony and compounds, as Sb

1.8

1.2

0.21

7.8

7440 – 38 – 2

Arsenic and inorganic compounds, as As

0.036

0.024

0.00043

0.16

7440 – 39 – 3

Barium and soluble compounds, as Ba

2.5

1.7

0.030

7440 – 41 – 7

Beryllium and compounds, as Be, inhalable fraction

0.00018

0.00012

0.0000021

0.00077

7440 – 43 – 9

Cadmium and compounds, as Cd, respirable fraction

0.0071

0.0048

0.000085

0.031

7440-43-9

Cadmium and compounds, as Cd, total particulate

0.036

0.024

0.00042

0.16

7440-47-3

Metallic chromium, as Cr(0), inhalable particulate matter

1.8

1.2

0.021

7.7

7440-48-4

Cobalt and inorganic compounds, as Co, inhalable fraction

0.14

0.067

0.0017

0.61

7440 – 48 – 4

Hard metal containing Cobalt and Tungsten carbide, as Co, thoracic particulate matter

0.018

0.012

0.00021

0.077

7440 – 50 – 8

Copper, dusts and mists, as Cu

3.6

2.4

0.043

7440 – 50 – 8

Copper, fume

0.71

0.48

0.0084

3.1

7440 – 58 – 6

Hafnium and compounds, as Hf

III

7.4

5.0

0.088

7440 – 61 – 1

Uranium (natural) soluble and insoluble, as U

0.71

0.48

0.0084

3.1

7440 – 65 – 5

Yttrium and compounds, as Y

III

9.9

0.18

7440 – 74 – 6

Indium and compounds, as In

0.36

0.24

0.0043

1.6

7525-62-4

1-Ethyl-3-ethylbenzene, as total divinylbenzene isomers (see Divinylbenzene-ethyl styrene mixtures, as total Divinylbenzene isomers CAS#0-00-0)

7550-45-0

Titanium tetrachloride, as HCl

9.2

0.16

7553 – 56 – 2

Iodine, as I, inhalable fraction and vapor

0.052

0.035

0.00062

0.23

7572 – 29 – 4

Dichloroacetylene

1.4

0.93

0.017

6.1

7580 – 67 – 8

Lithium hydride, inhalable fraction

III

0.83

0.50

0.0099

3.6

7616 – 94 – 6

Perchloryl fluoride

7.0

0.13

7631 – 90 – 5

Sodium bisulfite

0.30

108

7637 – 07 – 2

Boron trifluoride

1.0

0.68

0.012

4.4

7646-79-9

Cobalt chloride, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

7646 – 85 – 7

Zinc chloride fume

3.6

2.4

0.043

7647 – 01 – 0

Hydrogen chloride

0.24

7664 – 39 – 3

Hydrogen fluoride, as F

1.5

0.98

0.018

6.5

7664 – 41 – 7

Ammonia

500

5.9

2168

7664 – 93 – 9

Sulfuric acid, thoracic particulate matter

0.71

0.48

0.0084

3.1

7681-11-0

Potassium iodide, inhalable fraction and vapor

0.34

0.23

0.0041

1.5

7681 – 49 – 4

Sodium fluoride, as F, (see Flourides, as F, CAS# 0-00-0)

7681 – 57 – 4

Sodium metabisulfite

0.42

152

7681-82-5

Sodium iodide, inhalable fraction and vapor

0.31

0.21

0.0037

1.3

7697 – 37 – 2

Nitric acid

0.23

7705 – 08 – 0

Ferric chloride (as iron, soluble salt)

5.0

3.4

0.059

7718-54-9

Nickel chloride, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

7719 – 09 – 7

Thionyl chloride

3.5

2.3

0.041

7719 – 12 – 2

Phosphorus trichloride

3.9

2.6

0.046

7720-78-7

Ferrous sulfate (Iron salts, soluble, as Fe)

5.0

2.4

0.059

7722 – 84 – 1

Hydrogen peroxide

9.9

4.7

0.12

7726 – 95 – 6

Bromine

3.3

2.2

0.039

7727-43-7

Barium sulfate, inhalable fraction

104

1.2

452

7738-94-5

Chromic acid, as Cr(VI) inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

7758 – 94 – 3

Ferrous chloride (as iron, soluble salt)

5.0

3.4

0.059

7758 – 97 – 6

Lead chromate, as Cr(VI), inhalable fraction (see Hexavalent chromium, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

7773-01-5

Manganese (II) chloride, as Mn, respirable fraction (see Manganese elemental and inorganic compounds, as Mn, respirable fraction, CAS# 7439-96-5)

7773-01-5

Manganese (II) chloride, as Mn, inhalable fraction (see Manganese elemental and inorganic compounds, as Mn, inhalable fraction, CAS# 7439-96-5)

7775-11-3

Sodium chromate, as Cr(VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

7778-50-9

Potassium dichromate, as Cr(VI) inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

7782 – 41 – 4

Fluorine, as F

0.56

0.37

0.0066

2.4

7782 – 42 – 5

Graphite (all forms except graphite fibers), respirable fraction

6.7

0.33

109

7782 – 49 – 2

Selenium and compounds, as Se

0.71

0.48

0.0084

3.1

7782 – 50 – 5

Chlorine

1.0

0.69

0.012

4.5

7782 – 65 – 2

Germanium tetrahydride

4.4

2.1

0.052

7783 – 06 – 4

Hydrogen sulfide

2.0

0.59

7783 – 07 – 5

Hydrogen selenide, as Se

0.57

0.38

0.0068

2.5

7783 – 41 – 7

Oxygen difluoride

0.39

0.26

0.0046

1.7

7783 – 54 – 2

Nitrogen trifluoride

146

1.7

633

7783 – 60 – 0

Sulfur tetrafluoride

1.8

1.0

0.021

7.8

7783 – 79 – 1

Selenium hexafluoride, as Se

0.57

0.38

0.0068

2.5

7783 – 80 – 4

Tellurium hexafluoride, as Te

0.36

0.24

0.0043

1.6

7784 – 42 – 1

Arsine

0.057

0.050

0.00068

0.25

7786 – 34 – 7

Mevinphos, inhalable fraction and vapor

0.33

0.22

0.0039

1.4

7786 – 81 – 4

Nickel sulfate, as NI, inhalable fraction (see Nickel soluble and inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

7787-49-7

Beryllium fluoride, as Be, inhalable fraction (see Beryllium and compounds, as Be, inhalable fraction, CAS# 7440-41-7)

7789-00-6

Potassium chromate, as Cr(VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

7789-02-8

Chromium nitrate, nonahydrate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

7789-04-0

Chromium phosphate, as Cr (III), inhalable fraction (see Trivalent chromium compounds, as Cr (III), inhalable fraction, CAS# 16065-83-1)

7789 – 06 – 2

Strontium chromate, as Cr (VI), inhalable fraction (see Hexavalent chromium compounds, as Cr (VI), inhalable fraction, CAS# 18540-29-9)

7789-09-5

Ammonium dichromate, as Cr (VI) inhalable fraction (see Hexavalent chromium compounds, as Cr (VI), inhalable fraction, CAS# 18540-29-9)

7789-12-0

Sodium dichromate, dehydrate, as Cr (VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction CAS# 18540-29-9)

7789 – 30 – 2

Bromine pentafluoride

III

7.1

0.13

7790 – 91 – 2

Chlorine trifluoride

1.5

0.91

0.018

6.5

7803 – 51 – 2

Phosphine

0.30

0.0036

1.3

7803 – 52 – 3

Antimony anhydride

0.091

0.061

0.0011

0.40

8001 – 35 – 2

Chlorinated camphene

1.8

1.2

0.021

7.8

8002 – 05 – 9

Petroleum Distillate

10000

4762

119

43365

8003 – 34 – 7

Pyrethrum

0.21

8006 – 64 – 2

Turpentine and select monoprenes

558

372

6.6

2420

8008 – 20 – 6

Kerosene , as total hydrocarbon vapor

1006

671

4362

8012 – 95 – 1

Mineral oil, excluding metal working fluids, pure, highly and severely refined, inhalable fraction

0.30

108

8022 – 00 – 2

Methyl demeton, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

8052 – 41 – 3

Stoddard solvent

2641

1761

11453

8052 – 42 – 4

Asphalt (Bitumen) fume, as benzene soluble aerosol, inhalable fraction

0.30

108

8065 – 48 – 3

Demeton, inhalable fraction and vapor

0.18

0.12

0.0021

0.78

9002 – 86 – 2

Polyvinyl chloride(PVC) respirable fraction

5.0

3.4

0.059

9006 – 04 – 6

Natural rubber latex, as inhalable allergenic proteins

0.00050

0.00034

0.0000060

0.0022

9014 – 01 – 1

Subtilisins as crystalline active enzyme

0.00030

0.00020

0.0000036

0.0013

10024 – 97 – 2

Nitrous oxide

321

214

3.8

1392

10025 – 67 – 9

Sulfur monochloride

0.26

10025-73-7

Chromium chloride, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

10025 – 87 – 3

Phosphorus oxychloride

2.3

1.5

0.027

10026 – 13 – 8

Phosphorus pentachloride

3.0

2.0

0.036

10026-22-9

Cobaltous nitrate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

10035 – 10 – 6

Hydrogen bromide

0.44

160

10043 – 35 – 3

Boric acid, inhalable fraction (see Borate compounds, inorganic, inhalable fraction, CAS# 0-00-0)

10049 – 04 – 4

Chlorine dioxide

0.98

0.20

0.012

4.3

10060-12-5

Chromium chloride, hexahydrate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

10101-53-8

Chromium sulfate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

10101-97-0

Nickel sulfate, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

10102 – 43 – 9

Nitric oxide

156

104

1.9

676

10108-64-2

Cadmium chloride, as Cd, respirable fraction (see Cadmium and compounds, as Cd, respirable fraction, CAS# 7440-43-9)

10108-64-2

Cadmium chloride, as Cd, total particulate (see Cadmium and compounds, as Cd, total particulate, CAS# 7440-43-9)

10124-36-4

Cadmium sulfate, as Cd, respirable fraction (see Cadmium and compounds, as Cd, respirable fraction, CAS# 7440-43-9)

10124-36-4

Cadmium sulfate, as Cd, total particulate (see Cadmium and compounds, as Cd, total particulate, CAS# 7440-43-9)

10124-43-3

Cobaltous sulfate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

10141-05-6

Cobalt nitrate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

10210 – 68 – 1

Cobalt carbonyl, as Co

0.50

0.34

0.0059

2.2

10294 – 33 – 4

Boron tribromide

III

120

1.4

518

10294-34-5

Boron trichloride

III

0.66

243

10294-50-5

Cobaltous phosphate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

10361-37-2

Barium chloride, as Ba (see Barium and soluble compounds, as Ba, CAS# 7440-39-3)

10421-48-4

Ferric nitrate (Iron salts, soluble, as Fe)

III

9.9

0.25

10588 – 01 – 9

Sodium dichromate, as Cr(VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

11070-44-3

Methyltetrahydrophthalic anhydride (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

11097 – 69 – 1

Chlorodiphenyl (54% chlorine)

1.8

1.2

0.021

7.8

12001 – 26 – 2

Mica, respirable fraction

0.50

0.34

0.0060

2.2

12035 – 72 – 2

Nickel subsulfide (as Ni), inhalable fraction

0.36

0.24

0.0043

1.6

12036-22-5

Tungsten oxide, as W, respirable fraction (see Tungsten and compounds, in absence of cobalt, as W, respirable fraction, CAS# 7440-33-7)

12054-48-7

Nickel hydroxide, as Ni, inhalable fraction (see Nickel, insoluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

12070-12-1

Hard metal containing cobalt and tungsten carbide, as Co thoracic particulate matter

0.018

0.012

0.00021

0.077

12079 – 65 – 1

Manganese cyclopentadienyl tricarbonyl, as Mn

0.36

0.24

0.0043

1.6

12108 – 13 – 3

2-Methylcyclopentadienyl manganese tricarbonyl, as Mn

0.71

0.48

0.0084

3.1

12138-09-9

Tungsten disulfide, as W, respirable fraction (see Tungsten and compounds, in absence of cobalt, as W, respirable fraction, CAS# 7440-33-7)

12185 – 10 – 3

Phosphorus (yellow)

0.36

0.24

0.0043

1.6

12314-42-0

Sodium chromite, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

12336-95-7

Chromium hydroxide sulfate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

12607-70-4

Nickel carbonate hydroxide, as Ni, inhalable fraction (see Nickel, insoluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

12656 – 85 – 8

Molybdate Orange as Mo, respirable fraction (see Molybdenum, as Mo, soluble compounds, respirable fraction, CAS# 7439-98-7)

13071 – 79 – 9

Terbufos, inhalable fraction and vapor

0.036

0.024

0.00043

0.16

13121 – 70 – 5

Cyhexatin

0.21

13149 – 00 – 3

Hexahydrophthalic anhydride, cis- isomers, inhalable fraction and vapor (see Hexahydrophthalic anhydride, all isomers, inhalable fraction and vapor, CAS# 85-42-7)

13327-32-7

Beryllium hydroxide, as Be, inhalable fraction (see Beryllium and compounds, as Be, inhalable fraction, CAS# 7440-41-7)

13429-07-7

1-(2-methoxylpropoxy)-2-Propanol (see Dipropylene glycol methyl ether (DPGME) CAS# 34590-94-8)

13463 – 39 – 3

Nickel carbonyl, as Ni

1.2

0.83

0.015

5.4

13463 – 40 – 6

Iron pentacarbonyl, as Fe

1.2

0.55

0.014

5.2

13463 – 67 – 7

Titanium dioxide, finescale particulates, respirable particulate matter

8.4

0.15

13463-67-7

Titanium dioxide, nanoscale particulates, respirable particulate matter

1.0

0.67

0.012

4.4

13466 – 78 – 9

3-Carene (see Turpentine and select monoterpenes, CAS# 8006-64-2)

13478-00-7

Nickel nitrate, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

13494 – 80 – 9

Tellurium, and compounds, as Te, excluding hydrogen telluride

0.36

0.24

0.0043

1.6

13530 – 65 – 9

Zinc chromate, as Cr(VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

13588-28-8

2-(2-methoxylpropoxy) Propanol (see Dipropylene glycol methyl ether (DPGME) CAS# 34590-94-8)

13765 – 19 – 0

Calcium chromate, as Cr(VI), inhalable fraction (see Hexavalent chromium compounds, as Cr(VI), inhalable fraction, CAS# 18540-29-9)

13770 – 89 – 3

Nickel sulfamate as Ni, inhalable fraction (see Nickel, soluble and inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

13838 – 16 – 9

Enflurane

2021

1348

8764

13983-17-0

Calcium silicate, naturally occurring as Wollastonite Inhalable fraction containing no asbestos and <1% crystalline silica

5.0

3.4

0.060

14166 – 21 – 3

Hexahydrophthalic anhydride, trans-isomer, inhalable fraction and vapor (see Hexahydrophthalic anhydride, all isomers, inhalable fraction and vapor, CAS# 85-42-7)

14464 – 46 – 1

Silica, Crystalline-Cristobalite – respirable fraction

0.089

0.060

0.0011

0.39

14484 – 64 – 1

Ferbam, inhalable fraction

0.21

14639-25-9

Chromium picolinate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

14807 – 96 – 6

Talc containing asbestos fibers, respirable fraction

0.71

0.48

0.0084

3.1

14807 – 96 – 6

Talc containing no asbestos fibers, respirable fraction

6.7

0.12

14808 – 60 – 7

Silica, Crystalline-α-quartz – respirable fraction

0.089

0.060

0.0011

0.39

14857 – 34 – 2

Dimethylethoxysilane

7.0

0.13

14977 – 61 – 8

Chromyl chloride, as Cr(VI), inhalable fraction and vapor

0.0023

0.10

0.000027

0.0098

15244-36-7

Manganese (II) sulfate, as Mn, respirable fraction (see Manganese elemental and inorganic compounds, as Mn, respirable fraction, CAS# 7439-96-5)

15244-36-7

Manganese (II) sulfate, as Mn, inhalable fraction (see Manganese elemental and inorganic compounds, as Mn, inhalable fraction, CAS# 7439-96-5)

15972 – 60 – 8

Alachlor, inhalable fraction and vapor

3.6

2.4

0.042

16065-83-1

Trivalent chromium compounds, as Cr(III), water-soluble compounds, inhalable particulate matter

0.015

0.010

0.00018

0.065

16122-03-5

Nickel ammonium chloride, as Ni, inhalable fraction (see Nickel, soluble inorganic compounds, as Ni, inhalable fraction, CAS# 7440-02-0)

16219 – 75 – 3

Ethylidene norbornene

0.42

152

16752 – 77 – 5

Methomyl, inhalable fraction and vapor

0.71

0.48

0.0085

3.1

16842 – 03 – 8

Cobalt hydrocarbonyl, as Co

0.70

0.34

0.0084

3.1

17194-00-2

Barium hydroxide, as Ba (see Barium and soluble compounds, as Ba, CAS# 7440-39-3)

17702 – 41 – 9

Decaborane

0.89

0.60

0.011

3.9

17804 – 35 – 2

Benomyl, inhalable fraction

3.6

2.4

0.043

18282-10-5

Tin (VI) oxide, as Sn, inhalable fraction (see Tin, and inorganic compounds, not SnH₄ or indium tin oxide, as Sn, inhalable fraction, CAS# 7440-31-5)

18540-29-9

Hexavalent chromium compounds, as Cr(VI), water soluble compounds, inhalable particulate matter

0.00071

0.00048

0.0000085

0.0031

19287 – 45 – 7

Diborane

0.39

0.26

0.0046

1.7

19438-63-2

6-Methyl-3,4,5,6-tetrahydro-2-benzofuran-1,3-dione (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

19438-64-3

5-Methyl-7,7-dihydroisobenzofuran-1,3-(3ah,6h)-dione (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

19624 – 22 – 7

Pentaborane

0.046

0.031

0.00055

0.20

20324-32-7

1-(2-methoxy-1-methylethoxy( 2-Propanol (see Dipropylene glycol methyl ether (DPGME) CAS# 34590-94-8)

20816 – 12 – 0

Osmium tetroxide, as Os

0.011

0.0054

0.00013

0.048

21087 – 64 –9

Metribuzin

0.21

21651-19-4

Tin (III) oxide, as Sn, inhalable fraction (see Tin, and inorganic compounds, not SnH₄or indium tin oxide, as Sn, inhalable fraction, CAS# 7440-31-5)

21725-46-2

Cyanazine, inhalable fraction

0.70

0.34

0.0084

3.1

22224 – 92 – 6

Fenamiphos – inhalable fraction and vapor

0.18

0.12

0.0021

0.78

22248-79-9

(Z)-Tetrachlorvinphos, inhalable particulate matter (see Tetrachorvinfos, mixed insomers, inhalable particulate matter CAS# 961-11-5)

22350-76-1

(E)- Tetrachlorvinphos, inhalable particulate matter (see Tetrachorvinfos, mixed insomers, inhalable particulate matter CAS# 961-11-5)

22781-23-3

Bendiocarb, inhalable fraction and vapor

0.36

0.24

0.0042

1.6

25013 – 15 – 4

Vinyl toluene, all isomers

243

162

2.9

1054

25013-82-5

Chromium acetate, as Cr(III), inhalable fraction (see Trivalent chromium compounds, as Cr(III), inhalable fraction, CAS# 16065-83-1)

25154 – 54 – 5

Dinitrobenzene, mixed isomers, inhalable fraction and vapor

5.0

3.4

0.060

25167-67-3

Butene, all isomers

2886

1924

12515

25321 – 14 – 6

Dinitrotoluene, mixed isomers

0.71

0.48

0.0084

3.1

25322 – 68 – 3

Polyethylene glycol, (average molecular weight 200-600)

0.59

217

25551 – 13 – 7

Trimethyl benzene, isomers

247

2.9

977

26140 – 60 – 3

Terphenyls (o-, m- & p- isomers)

0.30

108

26471 – 62 – 5

2,4- and 2,6-Toluene diisocyanate (as a mixture), inhalable fraction and vapor

0.025

0.070

0.00030

0.11

26590-20-5

Methyltetrahydrophthalic anhydride (see Methyltetrahydrophthalic anhydride isomers, CAS# 0-00-0)

26628 – 22 – 8

Sodium azide

1.0

0.69

0.012

4.3

26628 – 22 – 8

Sodium azide, as Hydrazoic acid vapor

0.39

0.26

0.0046

1.7

26675-46-7

Isoflurane

2657

1265

11522

26952 – 21 – 6

Isooctyl alcohol

III

5542

2639

24033

31242 – 93 – 0

o-Chlorinated diphenyl oxide

III

7.4

5.0

0.088

34590 – 94 – 8

Dipropylene glycol methyl ether (DPGME)

III

6314

3007

27380

35400 – 43 – 2

Sulprofos, inhalable fraction and vapor

0.36

0.24

0.0042

1.5

42498-58-8

2,3,5,6-Tetrahydro-2-methylphthalic anhydride (see Methylterthydrophthalic anhydride isomers, CAS# 0-00-0)

50926-11-9

Indium tin oxide, respirable fraction

0.00050

0.00034

0.0000060

0.0022

51235-04-2

Hexazione, inhalable particulate matter

7.1

0.13

51349-94-1

Manganese (II) phosphate, an Mn, respirable fraction (see Manganese elemental and inorganic compounds, as Mn, respirable fraction, CAS# 7439-96-5)

51349-94-1

Manganese (II) phosphate, as Mn, inhalable fraction (see Manganese elemental and inorganic compounds, as Mn, inhalable fraction, CAS# 7439-96-5)

53469 – 21 – 9

Chlorodiphenyl (42% chlorine)

3.6

2.4

0.043

55566 – 30 – 8

Tetrakis (hydroxymethyl) phosphonium sulfate

7.1

4.8

0.084

55956-21-3

2-(2-methoxy-1-methylethoxy)-1-Propanol (see Dipropylene glycol methyl ether (DPGME) CAS# 34590-94-8)

57454-67-8

Cobalt carbonate, as Co, inhalable fraction (see Cobalt and inorganic compounds as Co, inhalable fraction, CAS# 7440-48-4)

59669-26-0

Thiodicarb, inhalable fraction and vapor

0.36

0.24

0.0042

1.5

60459-08-7

Cobalt sulfate, as Co, inhalable fraction (see Cobalt and inorganic compounds, as Co, inhalable fraction, CAS# 7440-48-4)

61788 – 32 – 7

Hydrogenated terphenyls (nonirradiated)

III

0.87

317

64742 – 81 – 0

Kerosene, as total hydrocarbon vapor

1006

671

4362

65996 – 93 – 2

Coal tar pitch volatiles, as benzene soluble aerosol

0.71

0.48

0.0084

3.1

66215-27-8

Cyromizine, inhalable particulate matter

4.8

0.12

68694-11-1

Triflumizole, inhalable particulate matter

3.6

2.4

0.042

69011-19-4

1,2-Diethenylbenzene (see Divinylbenzene-ethyl styrene mixtures, as total Divinylbenzene isomers CAS# 0-00-0)

74222 – 97 – 2

Sulfometuron methyl, inhalable fraction and vapor

0.30

108

86290 – 81 – 5

Gasoline

4477

2985

19414

95465-99-9

Cadusafos, inhalable fraction and vapor

0.0036

0.0024

0.000042

0.016

111988-49-9

Thiacloprid, inhalable fraction

0.71

0.48

0.0085

3.1

122548-33-8

Imazosulfuron, inhalable particulate matter

141

1.7

546

128639-02-1

Carfentrazone-ethyl, inhalable fraction

5.0

3.4

0.060

131341-86-1

Fludioxonil, inhalable fraction

3.6

2.4

0.042

135410-20-7

Acetamiprid, inhalable fraction and vapor

0.18

0.12

0.0021

0.77

210880-92-5

Clothianidin, inhalable particulate matter

0.36

0.24

0.0042

1.5

946578-00-3

Sulfoxaflor, inhalable fraction

0.36

0.24

0.0042

1.6

Footnotes:

A Toxicity Classification as classified in Env-A 1407, in general:

Toxicity Class I: Classification established pursuant to Env-A 1407.02.

Toxicity Class II: Classification established pursuant to Env-A 1407.03.

Toxicity Class III: Classification established pursuant to Env-A 1407.04.

B Ambient air limit.

C De minimis values were calculated using non-rounded AALs. The AALs and de minimis values represented in this table are rounded to whole numbers or 2 significant figures if less than 10.

E Denotes regulated toxic air pollutants which have data limitations preventing derivation of AALs in accordance with Env-A 1411.

Appendix A: State Statutes Implemented

Rule

State Statute Implemented

Env-A 1401

RSA 125-I:1; RSA 125-I:2; RSA 125-I:3, I & II

Env-A 1402.01(a) & (b)

RSA 125-I:3, III(a)

Env-A 1402.01(c) & (d)

RSA 125-I:3, III(b)

Env-A 1402.02

RSA 125-I:3, III(c)

Env-A 1402.03

RSA 125-I:3, III(c)

Env-A 1403.01 & 1403.02

RSA 125-I:3, I; RSA 125-I:5, I & V

Env-A 1404

RSA 125-I:5, V

Env-A 1404.07

RSA 125-I:5,V & RSA 125-I:2, VI

Env-A 1405.01

RSA 125-I:3, I; RSA 125-I:5, I & V

Env-A 1405.02-1405.04

RSA 125-I:1; RSA 125-I:2; RSA 125-I:3, I & II

Env-A 1406

RSA 125-I:5, I & IV

Env-A 1407

RSA 125-I:2, XIV; RSA 125-I:4

Env-A 1408 - 1411

RSA 125-I:4

Env-A 1412

RSA 125-I:4, V

Env-A 1413

RSA 125-I:1; RSA 125-I:5

Env-A 1414-1449

Reserved

Env-A 1450

RSA 125-I:4

Appendix B: Statutory Definitions

RSA 125-C:2

III-a. "Biomass'' means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in RSA 149-M:4, IV-a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to rehabilitate a contaminated or brownfields site through a process known as "phytoremediation.''

RSA 125-I:2

VI. "Compliance boundary'' means the boundary of the property on which the stationary source is located or an alternate compliance boundary determined by the department in accordance with rules adopted pursuant to this chapter.

History

#6739-B, eff 5-8-98; amd by #7345, eff 9-22-00; amd by #7616, eff 12-28-01; amd by #7859, eff 4-11-03; amd by #8095, eff 6-11-04; ss by #8278, eff 2-4-05; amd by #8632, eff 5-26-06; amd by #9021, eff 11-9-07; ss by #9601, eff 11-25-09; ss by #9865, eff 2-18-11; amd by #10133, eff 6-1-12; amd by #10550, eff 4-4-14; amd by #12063, eff 12-30-16; ss by #13334, eff 2-3-22; ss by #14468, eff 1-8-26, EXPIRES: 1-8-36

Chapter Env-A 1500 Conformity

Part Env-A 1501 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 1501.01 Purpose {#sec-env-a-1501.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1501.01}

The purpose of this chapter is to implement §176 of the Clean Air Act (the Act), as amended, and 40 CFR 93, relative to conformity determinations for transportation plans, programs, and projects and federal actions, to ensure that the purpose and intent of the state implementation plan (SIP) are being met.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1501.02 Applicability {#sec-env-a-1501.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1501.02}

This chapter shall apply as specified in Env-A 1503.02 and Env-A 1504.02.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

Part Env-A 1502 References and Definitions

N.H. Code Admin. R. Ann. Env-A 1502.01 References {#sec-env-a-1502.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1502.01}

(a) For the purpose of this chapter, unless otherwise specified all references to 23 CFR 450 shall be to the April 1, 2018 edition.

(b) For the purpose of this chapter, unless otherwise specified all references to 40 CFR 93, including any subpart thereof, shall be to the July 1, 2018 edition.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1502.02 Federal Definitions Incorporated {#sec-env-a-1502.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1502.02}

Except as specified in Env-A 1502.03 or Env-A 1504.03, the definitions contained in and referred to in 40 CFR §93.101 shall apply to the terms used in this chapter.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1502.03 Definitions {#sec-env-a-1502.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1502.03}

(a) “Interagency consultation” means a meeting or other formal consultation process convened or initiated pursuant to Env-A 1503.08.

(b) “Large scale development” means a development that is expected to generate 10,000 or more vehicle trip ends on any typical summer day.

(c) “Long-range statewide transportation plan” means “long-range statewide transportation plan” as defined in 23 CFR §450.104, namely “the official, statewide, multimodal, transportation plan covering a period of no less than 20 years developed through the statewide transportation planning process.”

(d) “Maintenance area” means any geographic region of New Hampshire previously designated as a nonattainment area pursuant to the Act, and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan that is subject to transportation conformity measures under §175A of the Act.

(e) “Metropolitan planning organization (MPO)” means “metropolitan planning organization” as defined in 23 CFR §450.104, namely “the policy board of an organization created and designated to carry out the metropolitan transportation planning process.”

(f) “Nonattainment area” means any geographic region in New Hampshire designated as a nonattainment area by EPA under §107 of the Act for any pollutant for which a NAAQS exists.

(g) “Provide access to” means:

(1) For any document(s) for which access is being provided to one or more specific entity(ies), to do one or more of the following:

a. Send a paper or electronic copy of each document to each recipient entity;

b. Post a copy of each document on a web site that is accessible by each recipient entity and notify each recipient entity of the document’s URL; or

c. Make a paper or electronic copy of each document available for inspection at the providing entity’s office and notify each recipient entity of the availability of the document for inspection; or

(2) For documents for which access is being provided to the public, to comply with the requirements of RSA 91-A:4.

(h) “Recipient entity” means an entity to which access to one or more documents is being specifically provided.

(i) “Regional planning commission (RPC)” means any specific planning region as delineated by the office of strategic initiatives or otherwise established as specified in RSA 36:45 through RSA 36:58.

(j) “Significant comments” means, for purposes of conformity findings, comments relating to any issue or data that have the potential to change the outcome of a conformity determination, including but not limited to the following:

(1) Incorrect project design concept and scope that could affect emissions analysis;

(2) Improper or missing analysis years;

(3) Regionally significant projects improperly reflected in the emissions analysis;

(4) Incorrect emission factors;

(5) Missing pollutant analyses;

(6) Projects improperly placed in a baseline scenario;

(7) Incorrect comparison with SIP emissions budgets; and

(8) Failure to list not exempt projects as specified in Env-A 1503.14 in the emissions analysis.

(k) “Statewide transportation improvement program (STIP)” means “a statewide transportation improvement program (STIP)” as defined in 23 CFR §450.104, namely “a statewide prioritized listing/ program of transportation projects covering a period of four years that is consistent with the long-range statewide transportation plan, metropolitan transportation plans, and TIPs, and required for projects to be eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”

(l) “Transportation improvement program (TIP)” means “a transportation improvement program (TIP)” as defined in 23 CFR §450.104, namely “a prioritized listing/program of transportation projects covering a period of four years that is developed and formally adopted by an MPO as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

Part Env-A 1503 Transportation Conformity

N.H. Code Admin. R. Ann. Env-A 1503.01 Purpose {#sec-env-a-1503.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.01}

The purpose of this part is to implement the following provisions relating to transportation conformity:

(a) The consultation procedures required by 40 CFR §93.105;

(b) The control measures required by 40 CFR §93.122(a)(4)(ii); and

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.02 Applicability {#sec-env-a-1503.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.02}

This part shall apply as specified in 40 CFR §93.102.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.03 Conformity to State and Federal Implementation Plans {#sec-env-a-1503.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.03}

(a) All transportation plans, programs, and projects developed, funded, or approved by the state of New Hampshire shall conform to the SIP or federal implementation plan (FIP) developed pursuant to §110 and §§171 through 193 of the Act.

(b) Conformity determinations shall be made in accordance with §176 of the Act and 40 CFR 93, Subpart A.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.04 Metropolitan Planning Organizations (MPOs) {#sec-env-a-1503.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.04}

(a) When used in this chapter, the term “metropolitan planning organizations (MPOs)” shall include the Southern New Hampshire MPO, the Nashua MPO, the Strafford MPO, and the Rockingham MPO.

(b) Each MPO shall serve as a forum for cooperative transportation decision-making.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.05 Roles and Responsibilities of the Department {#sec-env-a-1503.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.05}

The department shall:

(a) Develop and implement the SIP and its revisions;

(b) Monitor progress in achieving the NAAQS;

(c) Consult with representatives of the NH department of transportation (NHDOT), MPOs, RPCs, EPA, Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) at the initiation of and during the development of SIP revisions pertaining to mobile sources, including those relating to inventories, budgets, forecasts, and strategies for reduction of emissions, transportation control measures (TCMs), transportation conformity, general conformity, area classifications, and redesignations;

(d) Coordinate with EPA, FHWA, and FTA on issues related to the SIP and transportation;

(e) Coordinate with NHDOT, MPOs, RPCs, FHWA, FTA, and EPA to determine inputs for air quality analysis emissions modeling on MPO transportation improvement programs (TIPs), transportation plans, and projects;

(f) Provide assistance to NHDOT, RPCs, and MPOs during transportation planning processes relating to air quality, including but not limited to emissions modeling, emissions budget comparisons, exempt/not exempt project lists, and regionally significant projects;

(g) Review and provide comments on the conformity determinations for metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses of transportation projects outside MPO areas or in areas covered by more than one MPO; and

(h) Forward unresolved disputes regarding conformity determinations to the governor of New Hampshire for resolution in accordance with Env-A 1503.18.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.06 Roles and Responsibility of NHDOT {#sec-env-a-1503.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.06}

Pursuant to 23 CFR 450, NHDOT shall:

(a) Act as the lead agency responsible for coordinating and planning multi-regional and statewide transportation systems;

(b) Develop a long-range statewide transportation plan and a statewide transportation improvement program (STIP) as specified in RSA 228:99;

(d) Develop, in coordination with MPOs and the department, current estimates of vehicle miles traveled (VMT) for each nonattainment or maintenance area and forecasts of VMT necessary for input to the SIP;

(e) Provide assistance to MPOs in performing analysis leading to transportation conformity determinations in their regions;

(f) Conduct analyses and make transportation conformity determinations for all projects outside MPO boundaries, but within nonattainment or maintenance areas;

(g) Make project-level conformity determinations in accordance with one of the following:

(1) As required by 40 CFR §93.116, by including hot-spot analyses in carbon monoxide (CO) nonattainment or maintenance areas, for all projects in the STIP; or

(2) As required by 40 CFR §93.123, by FHWA making categorical hot-spot findings in CO nonattainment or maintenance areas, for all projects in the STIP;

(h) Coordinate interagency consultation with MPOs, the department, RPCs, EPA, FHWA, and FTA at the initiation of and during the transportation conformity determinations and transportation planning processes relating to air quality issues such as VMT and speed estimates, exempt/not exempt project lists, emissions modeling, emissions budget comparisons, analysis years, and regionally significant projects;

(i) Coordinate conformity determinations in nonattainment or maintenance areas consisting of more than one MPO area;

(j) Provide assistance to MPOs to develop, evaluate, select, and maintain a regional model capable of emissions analyses focusing on but not limited to the southeastern portion of the State, in consultation with the department;

(k) Coordinate and consult with the department and EPA to determine appropriate data inputs into air quality models used for emissions analysis in conformity determinations to ensure consistency with the SIP;

(l) Consult with MPOs, RPCs, EPA, FHWA, FTA, and the department in the selection and development of TCMs if determined to be necessary or desirable to attain the NAAQS and in the preparation of the SIP with respect to these measures;

(m) Provide assistance and comments to the department on SIP revisions dealing with mobile source issues;

(n) Notify the department, MPOs, RPCs, FHWA, FTA, and EPA of STIP and TIP amendments that add, delete, or modify exempt and non-exempt projects;

(o) Document timely implementation of TCMs that are in the SIP and transportation projects in the STIP that have positive air quality impacts; and

(p) In cooperation with MPOs, develop a list of regionally significant public or private transportation projects in accordance with Env-A 1503.12(b).

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.07 Roles and Responsibilities of MPOs {#sec-env-a-1503.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.07}

In implementing 23 CFR 450, each MPO shall:

(a) Develop a metropolitan transportation plan;

(b) Develop TIPs;

(c) Assist the department and NHDOT in determining current estimates of VMT and forecasts of VMT necessary for input to the SIP development process;

(d) Implement public involvement procedures in the development of its metropolitan transportation plan and TIPs including conformity determinations;

(e) Make conformity determinations for its metropolitan transportation plan and TIPs, with assistance from NHDOT and the department;

(f) Coordinate and consult with NHDOT, EPA, FHWA, FTA, and the department to determine appropriate data inputs into emissions analysis models used for emissions analysis in conformity determinations to ensure consistency with the SIP;

(g) Consult with the department, FHWA, EPA, FTA, and NHDOT in the selection and development of TCMs for the MPO area, if the department determines that TCMs are necessary or desirable to attain the NAAQS, and assist in the analysis of these measures for inclusion in the SIP;

(h) Provide assistance and comments to the department on SIP revisions dealing with mobile source issues in the MPO area;

(i) Consult with the department, NHDOT, EPA, FHWA, RPCs, and FTA in transportation conformity determinations and transportation planning processes relating to air quality issues including but not limited to VMT, speed estimates, emissions modeling and emissions budget comparisons, analysis years, exempt/not exempt project lists, and regionally significant projects;

(j) Notify NHDOT, FHWA, FTA, EPA, other MPOs, RPCs, and the department of any amendments to the MPO’s metropolitan transportation plan or TIPs that add, delete, or significantly modify exempt and non-exempt projects;

(k) Evaluate, select, maintain, and update regional transportation models in nonattainment or maintenance areas in cooperation with NHDOT, RPCs, and the department;

(l) Document and coordinate with the department on the implementation of TCMs that are in the SIP and transportation projects in the MPO’s metropolitan transportation plan and TIPs that have positive air quality impacts;

(m) Through interagency consultation, develop a list of regionally significant projects in the MPO’s area and provide the list to NHDOT and the department; and

(n) Provide preliminary conformity findings to the department.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.08 Interagency Consultation {#sec-env-a-1503.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.08}

(a) To facilitate the consultation required by 40 CFR §93.105, NHDOT shall schedule and convene consultation meetings relating to the transportation conformity process as follows:

(1) Regular meetings shall be held no less frequently than monthly; and

(2) Additional meetings may be held as needed to facilitate interagency communications.

(b) NHDOT shall invite the department, MPOs, RPCs, EPA, FHWA, and FTA to participate in each meeting convened pursuant to (a), above, provided however that a meeting shall qualify as a regular meeting under (a)(1), above, only if representatives of NHDOT, the department, and MPOs are present. One or more representatives may participate by electronic means provided the individual can hear and be heard simultaneously by all other attendees.

(d) The purpose of regular interagency consultation meetings shall be to discuss topics relevant to transportation conformity requirements, including but not limited to the following:

(1) Development of a SIP or SIP revisions, including but not limited to those involving transportation-related issues and mobile sources;

(2) Development of a metropolitan transportation plan or TIP, minor revisions to a TIP, amendment(s) to a TIP or metropolitan transportation plan, and any determination of conformity for such plans;

(3) Emissions budgets;

(4) TCMs and mitigation measures pursuant to 40 CFR §93.125(c) and §93.122(a)(4)(ii), respectively, that are in the SIP or are being considered for inclusion in the SIP;

(5) Evaluation and determination of events that will trigger new conformity determinations; and

(6) Coordination of emissions analyses for transportation activities that cross the borders of MPOs or nonattainment or maintenance areas or include areas outside of MPO boundaries.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.09 Access to Materials {#sec-env-a-1503.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.09}

(a) NHDOT or each MPO, as appropriate, shall provide access to the following materials to the department no later than at the start of the public comment period for the metropolitan transportation plan, TIP, or regional emissions analyses performed by NHDOT outside MPO areas:

(1) Lists of exempt/not exempt projects and regionally significant projects, regardless of funding source;

(2) Metropolitan transportation plans, TIPs, and corresponding air quality analyses and conformity determinations and analyses of all projects outside MPO boundaries, but within the nonattainment or maintenance area;

(3) Amendments to the metropolitan transportation plans and TIPs and significant changes in project design and scope since the previous conformity determination;

(4) Notices of public hearings and public comment periods for the metropolitan transportation plans, TIPs, or regional emissions analyses performed by NHDOT;

(5) All correspondence received from EPA, FHWA, FTA, or MPOs regarding conformity determinations and/or transportation planning processes relating to air quality issues; and

(6) STIP amendments in nonattainment or maintenance areas outside MPO areas.

(b) The department shall provide access to the following materials to NHDOT, EPA, FHWA, FTA, MPOs, and RPCs for comment during the SIP development process and conformity determination process:

(1) SIP revisions pertaining to mobile sources including inventories, budgets, forecasts, and strategies for reduction of emissions, TCMs, transportation conformity, general conformity, area classifications, and redesignations;

(2) Proposed and final inputs to emissions analyses models necessary for SIP development and conformity determinations;

(3) Comments and guidance from EPA, FHWA, and FTA to the department regarding SIP development issues relating to mobile sources and transportation; and

(4) Notices of public hearings and public comment periods on SIP revisions regarding mobile sources or emissions budgets.

(c) Each MPO shall provide access to its metropolitan transportation plan and TIPs that have received a final conformity determination by the MPO to NHDOT and to the department.

(d) NHDOT shall provide access to the following materials as noted:

(1) The metropolitan transportation plans and TIPs to FHWA, EPA, and FTA for conformity findings; and

(2) Any final regional emissions analysis for non-attainment or maintenance areas outside MPO boundaries to the department, each MPO, the affected RPC, EPA, FHWA, and FTA.

(e) Access to all materials specified in (b) through (d), above, also shall be provided to the public for review and comment.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.10 Responding to Comments {#sec-env-a-1503.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.10}

(a) After reviewing comments received on conformity determinations performed for TIPs, metropolitan transportation plans, and any non-attainment or maintenance areas outside the MPO areas, NHDOT shall:

(1) Document and respond to significant comments; and

(2) Include a compilation of written comments and responses in any final conformity determinations.

(b) After reviewing comments received on draft conformity determinations for the metropolitan transportation plan and TIP, each MPO shall:

(1) Document and respond to significant comments; and

(2) Include a compilation of written comments and responses in the final metropolitan transportation plan and TIP conformity determination.

(c) If any significant comment requires additional analysis, NHDOT, the department, and the appropriate MPO(s) shall establish the appropriate course of action pursuant to 40 CFR 93, Subpart A.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.11 Transportation Control Measures {#sec-env-a-1503.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.11}

(a) If, after consultation as described in Env-A 1503.05(c), the department determines the need for TCMs in the SIP, the following actions shall occur:

(1) The department shall request NHDOT to coordinate an interagency consultation to identify the quantity of emissions reductions necessary;

(2) The department, NHDOT, affected MPO(s), and RPCs shall each prepare a list of appropriate TCM(s) that potentially achieve the emissions reductions required, quantify the emissions benefits from their proposed projects, and review funding availability, scheduling, and permitting issues for the proposed TCM(s);

(3) NHDOT shall coordinate an interagency consultation to discuss the list of TCM(s) and corresponding emissions benefits to be incorporated into the SIP;

(4) The TCM(s) selected shall be incorporated into the affected metropolitan transportation plan(s), affected TIP(s), and the STIP, if necessary, and go through the applicable public participation process(es) necessary to amend the STIP, TIP(s), and/or metropolitan transportation plan(s);

(5) The TCM(s) shall include a written commitment to implement the measure from the responsible entity per 40 CFR §93.122(a)(4)(ii); and

(6) The department shall develop a SIP revision in accordance with §110 of the Act that incorporates the selected TCM(s) according to the implementation time frame agreed to by the affected MPO(s), NHDOT, and the department.

(b) If TCMs are incorporated into the SIP, NHDOT shall:

(1) Track the implementation of the TCM project and provide periodic updates no less than annually on implementation to the department, the affected MPO(s), and RPCs;

(2) Prepare an update on TCM(s), if any, identified in the SIP prior to conformity determinations and provide the update to the department, affected MPO(s) and RPCs; and

(3) Coordinate an interagency consultation if TCM(s) are not on schedule or if funding for the project is in jeopardy.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.12 Regionally Significant Projects {#sec-env-a-1503.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.12}

(a) Projects that are considered regionally significant for purposes of regional emissions analysis shall include any transportation project that:

(1) Is not otherwise required to be included in the metropolitan transportation plan, TIPs, or STIP;

(2) Is not considered exempt according to the federal transportation conformity rule, 40 CFR §93.126 and 40 CFR §93.127; and

(3) Is expected to have a significant impact on travel patterns, consistent with the definition of regionally significant in 40 CFR §93.101 or as determined through interagency consultation.

(b) Each MPO shall:

(1) Maintain a list of regionally significant projects for inclusion in the conformity determinations in its area based on information requested from communities in the MPO through established committees including technical advisory committees and other public participation; and

(2) Provide access to the list of regionally significant projects to NHDOT and the department.

(1) Develop a list of regionally significant projects in nonattainment or maintenance areas outside an MPO area based on information regarding state funded or permitted projects and on information gathered from RPCs in the nonattainment or maintenance areas;

(2) In cooperation with the MPOs and RPCs, combine the list described in (1), above, with the list of regionally significant projects, described in (b)(1), above, from the MPOs and RPCs;

(3) Provide access to the combined list described in (2), above, to the department, the MPOs, RPCs, EPA, FHWA, and FTA as part of conformity determinations of the metropolitan transportation plan, TIP or regional emissions analyses of projects outside MPO areas; and

(4) Provide information on regionally significant projects within MPO and RPC areas to the affected MPO(s) and RPCs.

(d) When an application is received from a major traffic generator for access to a state-maintained highway, NHDOT shall:

(1) Notify the affected MPO and RPC to make the MPO and RPC aware of potential traffic impacts from major traffic generators; and

(2) If the application results in a transportation project that meets the criteria of a regionally significant project, include that project on its list of regionally significant projects circulated as specified in (c), above.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.13 Emissions and Transportation Modeling {#sec-env-a-1503.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.13}

Pursuant to 23 CFR 450:

(a) NHDOT shall coordinate an interagency consultation for the evaluation and selection of both microscale and mesoscale emissions models used in the conformity determination process for metropolitan transportation plans, TIPs, and projects.

(b) MPOs shall:

(1) Evaluate and select the appropriate travel demand models for their area with input from NHDOT;

(2) At the time of initial model selection or at the time when an MPO has decided to change to a new model, notify EPA, FHWA, FTA, RPC’s, and the department; and

(3) If MPOs are located in nonattainment or maintenance areas, maintain regional transportation models.

(c) NHDOT, FHWA, and FTA shall have an opportunity to comment on the development and maintenance efforts of these models through approval of the unified planning work program.

(d) In areas where transportation models exist currently or are required in the future, MPOs shall update, at least every 2 years, land use assumptions in the model to reflect any large-scale developments approved subsequent to the date of the last update.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.14 Exempt/Not Exempt Project Lists {#sec-env-a-1503.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.14}

Pursuant to 23 CFR 450:

(a) Prior to making any conformity determinations, MPOs and NHDOT shall:

(1) Review all projects within nonattainment or maintenance areas that are in the STIP and TIPs, to determine whether the projects are exempt under 40 CFR §93.126 and §93.127; and

(2) Determine if any exempt projects shall be classified as not exempt because of potential emissions impacts.

(b) NHDOT and MPOs shall provide access to the department, RPCs, EPA, FHWA, and FTA for review and comment a list of projects and their exempt/non-exempt status as part of conformity determinations of metropolitan transportation plans, TIPs, and regional emissions analyses performed outside the MPO areas.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.15 Projects in PM {#sec-env-a-1503.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.15}

2.5 and Nonattainment or Maintenance Areas. - RESERVED

History

(See Revision Note at part heading for Env-A 1500) #9999, eff 10-1-11

N.H. Code Admin. R. Ann. Env-A 1503.16 Notification of Metropolitan Transportation Plan, TIP, or STIP Proposed Amendments of Exempt Projects {#sec-env-a-1503.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.16}

Pursuant to 23 CFR 450:

(a) NHDOT shall notify the appropriate MPO(s), the department, affected RPCs, EPA, FHWA, and FTA of any proposed STIP amendment that adds or deletes an exempt or non-exempt project as listed in 40 CFR §93.126 and §93.127.

(b) MPOs shall notify NHDOT, the department, EPA, FHWA, and FTA of any proposed amendment to a metropolitan transportation plan or TIP that adds, deletes, or significantly modifies an exempt or non-exempt project as listed in 40 CFR §93.126 and §93.127.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.17 Conformity in Nonattainment or Maintenance Areas Outside MPO Areas or Containing More Than One MPO Area {#sec-env-a-1503.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.17}

Pursuant to 23 CFR 450:

(a) In portions of nonattainment or maintenance areas that are not included in an MPO area or that contain more than one MPO area, NHDOT shall determine conformity of TIPs, metropolitan transportation plans, and plans for any nonattainment or maintenance areas outside the MPO boundaries, incorporating the most recent emissions analysis from the currently conforming metropolitan transportation plan and TIP for all MPOs that are within the nonattainment or maintenance area.

(b) In nonattainment or maintenance areas that contain more than one MPO, each MPO shall consider the most recent emissions analysis from the other currently conforming metropolitan transportation plans and TIPs within the region.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.18 Resolving Conflicts {#sec-env-a-1503.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.18}

(a) During the public comment period on conformity determinations of metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses of transportation projects, the department shall:

(1) Review the conformity determination of such metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses;

(2) Submit written comments on the conformity determinations to the appropriate MPO and to NHDOT as soon as possible but no later than the close of the public comment period; and

(3) Include in the comments specified in (2), above, a clear finding of concurrence or nonconcurrence on the conformity determinations and a list of issues to be addressed, if any.

(b) If the department does not concur with the conformity determination, NHDOT or the appropriate MPO, as applicable, shall submit a written response(s) to the department within 14 calendar days of the receipt of the department comments, that clearly addresses each of the stated issues either by revising the determination or by explaining why the determination was not revised.

(d) Pursuant to 23 CFR 450, if a conflict arises among MPOs with respect to conformity determinations, NHDOT shall:

(1) Act as the arbitrator; and

(2) Invite the department to any meetings held to resolve the conflict.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.19 Public Consultation {#sec-env-a-1503.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.19}

(a) Pursuant to 23 CFR 450, NHDOT, the department, and MPOs, RPCs, EPA, FHWA, and FTA shall implement all applicable federal and state required public notification and public participation processes throughout the interagency consultation process.

(b) MPOs shall provide between 10 and 30 days for receipt of public comment and review of applicable TIPs and transportation plans, as required by NHDOT Statewide Transportation Improvement Program (STIP) Revision Procedures, prior to taking a formal action on conformity determinations of MPO transportation plans and MPO TIPs.

(c) NHDOT shall provide between 10 and 30 days for receipt of public comment and review of applicable TIPs and transportation plans, as required in NHDOT STIP Revision Procedures, prior to taking formal action on conformity determinations of NHDOT regional emissions analysis in areas outside MPO areas or in areas covered by more than one MPO.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11l ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.20 Commitments for Regional Emissions Analysis {#sec-env-a-1503.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.20}

In accordance with 40 CFR §93.122(a)(4)(ii), an MPO shall not include emissions reduction credits from control measures that are not included in its metropolitan transportation plan or TIP and that do not require a regulatory action in the regional emissions analysis used in the conformity determination unless the MPO, FHWA, or FTA obtains written commitments, as defined in 40 CFR §93.101, from the appropriate entities to implement those control measures.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1503.21 Commitments for Project-Level Mitigation and Control Measures {#sec-env-a-1503.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1503.21}

(a) In accordance with 40 CFR §93.125(c), prior to making a project-level conformity determination for a transportation project, the FHWA or FTA shall obtain from the project sponsor or operator a written commitment, as defined in 40 CFR §93.101, to implement any project-level mitigation or control measure in the construction or operation of the project identified as a condition for NEPA process completion.

(b) Prior to making a conformity determination for a metropolitan transportation plan or TIP, the MPO shall ensure that any project-level mitigation or control measures for which a written commitment has been made are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used in the conformity analysis.

(c) Written commitments shall be obtained before such mitigation or control measures are used in a project-level hot-spot conformity analysis for a project-level determination.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

Part Env-A 1504 Conformity of General Federal Actions

N.H. Code Admin. R. Ann. Env-A 1504.01 Purpose {#sec-env-a-1504.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1504.01}

The purpose of this part is to implement §176(c)(4) of the Clean Air Act (the Act), as amended, and 40 CFR 93, Subpart B, with respect to the conformity of federal actions to the SIP, to ensure that the purpose and intent of the SIP are met.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1504.02 Applicability {#sec-env-a-1504.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1504.02}

(a) Pursuant to §176(c)(1) of the Act, this part shall apply to any federal department, agency, or instrumentality that meets the applicability criteria as specified in 40 CFR §93.153.

(b) This part shall not apply to any entity subject to a conformity determination for a federal action related to a transportation plan, program, or project developed, funded, or approved under 23 USC §§101 et seq. or the Federal Transit Act, as amended, 49 USC §§1601 et seq.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1504.03 References {#sec-env-a-1504.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1504.03}

For the purpose of this part, unless otherwise specified all references to 40 CFR 93, Subpart B, shall be to the July 1, 2018 edition.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1504.04 Federal Definitions Incorporated {#sec-env-a-1504.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1504.04}

The definitions contained in and referred to in 40 CFR §93.152 shall apply to the terms used in this part.

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

N.H. Code Admin. R. Ann. Env-A 1504.05 Conformity to State and Federal Implementation Plans {#sec-env-a-1504.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1504.05}

(a) Pursuant to §176(c)(1) of the Act, no applicable federal entity shall engage in, support in any way including providing financial assistance for, or license, permit, or otherwise approve any activity that does not conform to the SIP or FIP developed pursuant to §110 and §171 through §185 of the Act.

(b) Such determination that a federal activity conforms to the SIP or FIP shall be made in accordance with §176 of the Act and 40 CFR 93, Subpart B.

Appendix

Rule Section/Paragraph

State Statute Implemented

Federal Statutes or Regulations Implemented

Env-A 1501.01 -

Env-A 1502.02

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR 93, Subpart A

Env-A 1502.01(a)

RSA 125-C:4, I(a)

42 U.S.C. §7506; 23 CFR 450

Env-A 1502.01(b)

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR 93

Env-A 1502.02

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR §93.101

Env-A 1502.03

RSA 125-C:4, I(a);

RSA 36:45 - 58

42 U.S.C. §7506; 40 CFR §93.101

Env-A 1502.03(d) & (f)

RSA 125-C:4, I(a)

42 U.S.C. §7506; 42 U.S.C. §7407; 40 CFR §51.852

Env-A 1503.01

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR §93.105; 40 CFR §93.122(a)(4)(ii); 40 CFR §93.125(c)

Env-A 1503.02

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR §93.102

Env-A 1503.03

RSA 125-C:4, I(a)

42 U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§ 7501-7515; 40 CFR 93, Subpart A

Env-A 1503.04

RSA 125-C:4, I(a)

42 U.S.C. §7506; 42 U.S.C. §7407

Env-A 1503.05

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR 51, Subpart T; 40 CFR 93, Subpart A

Env-A 1503.06

RSA 125-C:4, I(a)

42 U.S.C. §7506; 23 CFR 450, Subpart B

Env-A 1503.07

RSA 125-C:4, I(a)

42 U.S.C. §7506; 23 CFR 450, Subpart C

Env-A 1503.08-1503.21

RSA 125-C:4, I(a)

42 U.S.C. §7506; 23 CFR 450; 40 CFR 93, Subpart A

Env-A 1504.01

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR 51, Subpart W

Env-A 1504.02

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR §51.853

Env-A 1504.03

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR 51

Env-A 1504.04

RSA 125-C:4, I(a)

42 U.S.C. §7506; 40 CFR §51.852

Env-A 1504.05

RSA 125-C:4, I(a)

42 U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§ 7501 - 7515; 40 CFR 51, Subpart W

History

(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20

Chapter Env-A 1600 Fuel Specifications

Part Env-A 1601 Purpose; Applicability; Prohibition on Non-Conforming Fuels

N.H. Code Admin. R. Ann. Env-A 1601.01 Purpose {#sec-env-a-1601.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1601.01}

The purpose of this chapter is to prevent, abate, and control pollutants emitted into the ambient air by controlling the use of fuels containing specific pollutant elements and compounds, pursuant to RSA 125-C:6, II.

History

#6519-B, eff 5-29-97 (from Env-A 401); ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13; ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1601.02 Applicability {#sec-env-a-1601.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1601.02}

This chapter shall apply to any person who uses or allows the use of the fuels identified in Env-A 1602 at a stationary source or device in the state and to any person who supplies such fuels.

History

#10415, eff 9-24-13 (from Env-A 1602.01); ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1601.03 Prohibition on Use of Non-Conforming Fuels {#sec-env-a-1601.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1601.03}

No person shall cause or allow the use of a non-conforming fuel in this state without first obtaining approval for such use in accordance with Env-A 1606.

History

#10415, eff 9-24-13 (formerly Env-A 1608.01); ss by #13808, eff 11-18-23

Part Env-A 1602 Applicable Fuels

N.H. Code Admin. R. Ann. Env-A 1602.01 Applicable Liquid Fuels {#sec-env-a-1602.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1602.01}

The following liquid fuels, whether blended or not, shall be subject to this chapter:

(a) No. 2 oil;

(b) No. 4 oil;

(d) No. 6 oil;

(e) Kerosene-1 oil;

(f) Kerosene-2 oil;

(g) Jet A aviation fuel;

(h) Jet A-1 aviation fuel;

(i) Jet B aviation fuel;

(j) JP-4 aviation fuel;

(k) JP-8 aviation fuel;

(l) Aviation gasoline;

(m) Used oil; and

(n) Crude oil.

History

#6519-B, eff 5-29-97; ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1603.01); ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1602.02 Applicable Solid Fuels {#sec-env-a-1602.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1602.02}

All coal to be used as fuel, including blended coal, shall be subject to the requirements of this chapter.

History

#10415, eff 9-24-13 (formerly Env-A 1603.03); ss by #13808, eff 11-18-23

Part Env-A 1603 Sulfur Content Limitations for Liquid Fuels

N.H. Code Admin. R. Ann. Env-A 1603.01 Maximum Sulfur Content of Liquid Fuels {#sec-env-a-1603.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1603.01}

(a) JP-4 aviation fuel shall not exceed 0.40 percent sulfur by weight.

(b) Aviation gasoline shall not exceed 0.05 percent sulfur by weight.

(d) Kerosene-2 oil and Jet A, A-1, B, and JP-8 aviation fuels shall not exceed 0.30 percent sulfur by weight.

(e) Used oil shall not exceed 2.00 percent sulfur by weight.

History

#6519-B, eff 5-29-97; ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1604.01); ss by #12694, eff 12-22-18; ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1603.02 Maximum Sulfur Content of Imported Liquid Fuels Effective July 1, 2018 {#sec-env-a-1603.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1603.02}

On and after July 1, 2018, no person shall import into the state any of the following liquid fuels with a sulfur content greater than that specified in RSA 125-C:10-d, I, reprinted in Appendix B:

(a) No. 2 oil, also referred to as distillate oil;

(b) No. 4 oil; or

History

#12694, eff 12-22-18; ss by #13808, eff 11-18-23; ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1603.03 Maximum Sulfur Content of Distributed Liquid Fuels Effective February 1, 2019 {#sec-env-a-1603.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1603.03}

On and after February 1, 2019, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels with sulfur content greater than that specified in RSA 125-C:10-d, II, reprinted in Appendix B:

(a) No. 2 oil, also referred to as distillate oil;

(b) No. 4 oil; or

History

#12694, eff 12-22-18; ss by #13808, eff 11-18-23

Part Env-A 1604 Sulfur Content Limitations for Solid Fuels

N.H. Code Admin. R. Ann. Env-A 1604.01 Maximum Sulfur Content Allowable in Coal {#sec-env-a-1604.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1604.01}

(a) For a coal-burning device placed in operation before April 15, 1970 the sulfur content of coal burned in the device shall not exceed 2.8 pounds per million BTU gross heat content.

(b) For a coal-burning device placed in operation on or after April 15, 1970:

(1) The sulfur content of coal burned in the device shall not exceed 1.5 pounds per million BTU gross heat content; and

(2) The sulfur content of coal burned in the device shall not exceed 1.0 pound per million BTU gross heat content, averaged over any consecutive 3-month period.

History

#6519-B, eff 5-29-97 (from Env-A 402.02); ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1606.01); ss by #12694, eff 12-22-18; ss by #13808, eff 11-18-23

Part Env-A 1605 Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel

N.H. Code Admin. R. Ann. Env-A 1605.01 Fuel Analysis Requirement for Suppliers of Liquid or Solid Fuel {#sec-env-a-1605.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1605.01}

Each fuel company that supplies coal or liquid fuel for use within the state or for sale for use within the state shall provide each distributor or purchaser of coal or liquid fuel, except homeowners purchasing No. 2 oil, with the following:

(a) For coal or No. 5 oil, No. 6 oil, used oil, or crude oil, a written statement of the maximum weight percentage sulfur of the fuel; or

(b) For any liquid fuel listed in Env-A 1602.01 other than those listed in (a), above, one of the following:

(1) A written statement of the maximum weight percentage sulfur of the fuel; or

(2) A written statement that the sulfur content of the fuel as delivered does not exceed state or federal standards for that fuel.

History

#6519-B, eff 5-29-97 (from Env-A 402.03); ss by #7788, eff 10-31-02; ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (from Env-A 1607.01); ss by #13808, eff 11-18-23

Part Env-A 1606 Use of Non-Conforming Fuels During Fuel Shortages

N.H. Code Admin. R. Ann. Env-A 1606.01 Request for Determination of Acute Fuel Shortage {#sec-env-a-1606.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1606.01}

(a) In the event of a shortage in the supply of conforming fuel that causes an urgent need to use non-conforming fuel, a supplier may request the department to make a determination that non-conforming fuel may be used in the state.

(b) A request for the department to make such a determination shall include the following:

(1) A detailed statement describing the efforts the supplier has undertaken to obtain conforming fuel;

(2) An estimate of the volume of conforming fuels remaining in stock and an explanation of the methodology used to produce the estimate; and

(3) The anticipated duration of the shortage and an explanation of the methodology used to determine the anticipated duration.

History

#6519-B, eff 5-29-97 (from Env-A 402.04); ss by #8330, eff 4-23-05; ss by #10415, eff 9-24-13 (formerly Env-A 1609.01); ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1606.02 Determination of Need to Use Non-Conforming Fuel {#sec-env-a-1606.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1606.02}

(a) Upon receipt of a request that contains the information required by Env-A 1606.01(b) and is signed as required by Env-A 1606.01(c), the department shall review the request and provide a copy of the request to EPA.

(b) The department shall make a determination in consultation with EPA that a need to use non-conforming fuel exists if the request demonstrates that:

(1) The supply of conforming fuel is insufficient; and

(2) The shortage is likely to last longer than existing supplies of conforming fuel will last, based on relevant factors including, but not limited to, the volume in stock and weather conditions.

(d) If the request is denied, the notification shall specify the reason(s) for the denial.

(e) If the request is granted, the department also shall notify other suppliers of the determination.

History

#10415, eff 9-24-13 (formerly Env-A 1609.02); ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1606.03 Limitations on Use of Non-Conforming Fuels {#sec-env-a-1606.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1606.03}

(a) A determination to allow the use of non-conforming fuel issued pursuant to this part shall be valid for the period specified in the determination, not to exceed 90 days from the date of issuance.

(b) If the supply of conforming fuel remains insufficient at the expiration of the determination, a supplier may submit a new request.

History

#10415, eff 9-24-13 (formerly Env-A 1609.03); ss by #13808, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 1606.04 EPA Notification {#sec-env-a-1606.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1606.04}

Within 5 working days of granting a request to use non-conforming fuel, the department shall notify the EPA of such approval.

History

#10415, eff 9-24-13 (formerly Env-A 1609.04); ss by #13808, eff 11-18-23

Part Env-A 1607 Demonstration of Compliance

N.H. Code Admin. R. Ann. Env-A 1607.01 Fuel Analysis to Demonstrate Compliance {#sec-env-a-1607.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1607.01}

(a) In order to determine compliance, the department shall sample or require sampling or re-sampling of any fuel.

(b) Such sampling, which shall include compositing, testing, and analyzing fuel samples, shall be conducted in accordance with the applicable methodology specified in Env-A 800 or 40 CFR 60.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-A 1601-Env-A 1602

RSA 125-C:6, II

Env-A 1603

RSA 125-C:6, II; RSA 125-C:10-d

Env-A 1604 – Env-A 1607

RSA 125-C:6, II

Appendix B: Statutory References

RSA 125-C:10-d:

125-C:10-d Sulfur Limits of Certain Liquid Fuels.

I. No person shall import into the state any of the following liquid fuels:

(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

II. Beginning on February 1, 2019 and continuing thereafter, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels:

(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

History

#6519-B, eff 5-29-97 (from Env-A 404.01); ss by #8330, eff 4-23-05; ss by #8878, eff 4-27-07; ss by #10415, eff 9-24-13 (formerly Env-A 1610.01); ss by #13808, eff 11-18-23

Chapter Env-A 1700 Permit Application Forms

Part Env-A 1701 Purpose

N.H. Code Admin. R. Ann. Env-A 1701.01 Purpose {#sec-env-a-1701.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1701.01}

The purpose of this chapter is to establish the requirements for applications submitted to the department for certain permits issued under RSA 125-C.

History

#6057-B, eff 6-30-95; ss by #7886, 5-3-03; ss by #9907, INTERIM, eff 5-3-11, EXPIRES: 10-31-11, ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1702 Applicability

N.H. Code Admin. R. Ann. Env-A 1702.01 Applicability {#sec-env-a-1702.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1702.01}

This chapter shall apply to any person, whether an owner, operator, or agent for an owner or operator, who applies for a temporary permit, state permit to operate, or title V operating permit.

History

#6057-B, eff 6-30-95; ss by #7886, 5-3-03; ss by #9907, INTERIM, eff 5-3-11, EXPIRES: 10-31-11, ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1703 Form Ard-1, General Facility Information

N.H. Code Admin. R. Ann. Env-A 1703.01 Form ARD-1, General Facility Information {#sec-env-a-1703.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1703.01}

An applicant for any type of permit other than a permit-by-notification shall submit:

(a) A completed Form ARD-1, “General Facility Information” dated September 9, 2019, including a signed certification that the applicant:

(1) Has right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use;

(2) Is authorized to make the application on behalf of the affected source or affected units for which the application is made;

(3) Has personally examined, and is familiar with, the information submitted on and with Form ARD-1 and any forms and attachments submitted pursuant to (b), below;

(4) Based on inquiry of those individuals with primary responsibility for obtaining the information, believes all submitted statements and information to be true, complete, and not misleading to the best of the applicant’s knowledge and belief; and

(5) Is aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment;

(b) Any additional forms required by Env-A 1704 through Env-A 1710;

(c) For sources subject to title IV of the Act, the nationally standardized forms for the acid rain portions of the title V operating permit application, pursuant to 40 CFR 72.30;

(d) A compliance schedule that:

(1) Incorporates the requirements of, and is at least as stringent as, that contained in any judicial consent decree or administrative order to which the source is subject;

(2) Is supplemental to, and does not sanction non-compliance with, the applicable requirements on which it is based; and

(3) For sources subject to title IV of the Act, apply to and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations;

(e) A site plan to scale of the facility showing:

(1) The locations of all emission points;

(2) The dimensions of all buildings, including roof heights; and

(3) The facility’s property boundary;

(f) A copy of the USGS map that shows the facility’s location; and

(g) Any applicable fee specified in Env-A 700.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; amd by #9792, eff 10-1-10; ss by #9907, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1704 Form Ard-2, Information Required for Permits for Boilers

N.H. Code Admin. R. Ann. Env-A 1704.01 Form ARD-2, Information Required for Permits for Boilers {#sec-env-a-1704.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1704.01}

In addition to Form ARD-1, an applicant for a permit for a fuel burning device shall complete and submit Form ARD-2, “Information Required for Permits for Boilers” dated September 9, 2019.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; ss by #9907, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1705 Form Ard-3, Information Required for a Permit for a Unit of Processing or Manufacturing Equipment

N.H. Code Admin. R. Ann. Env-A 1705.01 Form ARD-3, Information Required for a Permit for a Unit of Processing or Manufacturing Equipment {#sec-env-a-1705.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1705.01}

In addition to Form ARD-1, an applicant for a permit for a unit of processing or manufacturing equipment shall complete and submit Form ARD-3, “Information Required for a Permit for a Unit of Processing or Manufacturing Equipment” dated September 9, 2019.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; ss by #9707, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1706 Form Ard-4, Information Required for Permits for Storage Tanks Containing Fuel or Volatile Organic Compounds

N.H. Code Admin. R. Ann. Env-A 1706.01 Form ARD-4, Information Required for Permits for Storage Tanks Containing Fuel or Volatile Organic Compounds {#sec-env-a-1706.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1706.01}

In addition to Form ARD-1, an applicant for a permit for a storage tank that contains fuel or volatile organic compounds shall complete and submit Form ARD-4, “Information Required for Permits for Storage Tanks Containing Fuel or Volatile Organic Compounds” dated September 9, 2019.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; ss by #9707, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1707 Form Ard-5, Information Required for Permits for a Fuel Loading Facility

N.H. Code Admin. R. Ann. Env-A 1707.01 Form ARD-5, Information Required For Permits For A Fuel Loading Facility {#sec-env-a-1707.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1707.01}

In addition to Form ARD-1, an applicant for a permit for a fuel loading facility shall complete and submit Form ARD-5, “Information Required for Permits for a Fuel Loading Facility” dated September 9, 2019.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; ss by #9707, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1708 Information Required for Permits for Incinerators

N.H. Code Admin. R. Ann. Env-A 1708.01 Form ARD-6, Information Required for Permits for Incinerators {#sec-env-a-1708.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1708.01}

In addition to Form ARD-1, an applicant for a permit for an incinerator shall complete and submit Form ARD-6, “Information Required for Permits for Incinerators” dated September 9, 2019.

History

#6057-B, eff 6-30-95 (from Env-A 103.01); ss by #7886, eff 5-3-03; ss by #9707, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1709 Information Required for Permits for Engines and Turbines

N.H. Code Admin. R. Ann. Env-A 1709.01 Form ARD-7, Information Required for Permits for Engines and Turbines {#sec-env-a-1709.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1709.01}

In addition to Form ARD-1, an applicant for a permit for a turbine or engine shall complete and submit Form ARD-7, “Information Required for Permits for Engines and Turbines” dated September 9, 2019.

History

#6057-B, eff 6-30-95; amd by #6506-B, eff 5-1-97; ss by #7886, eff 5-3-03; ss by #9707, INTERIM, eff 5-3-11, EXPIRES: 10-31-11; ss by #10001, eff 10-1-11; ss by #12965, eff 1-6-20

Part Env-A 1710 Information Required for Permits for Stationary Hot Mix Asphalt Plants

N.H. Code Admin. R. Ann. Env-A 1710.01 Form ARD-8, Information Required for Permits for Stationary Hot Mix Asphalt Plants {#sec-env-a-1710.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1710.01}

In addition to Form ARD-1, an applicant for a permit for a stationary hot mix asphalt plant shall complete and submit Form ARD-8, “Information Required for Permits for Stationary Hot Mix Asphalt Plants” dated September 9, 2019.

APPENDIX

Rule

Specific Section of State or Federal Statute or Regulation which the Rule Implements

Env-A 1701 - Env-A 1710

RSA 125-C:6, XIV; RSA 125-C:11; RSA 125-C:12, I

History

#8130, eff 7-28-04, EXPIRED: 7-28-12
#12965, eff 1-6-20

Chapter Env-A 1800 Asbestos Management and Control

Part Env-A 1801 Purpose; Scope; Submissions; Incorporation of Federal Requirements

N.H. Code Admin. R. Ann. Env-A 1801.01 Purpose {#sec-env-a-1801.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.01}

(a) The purpose of this chapter is to protect the health of the general public by ensuring that asbestos is managed in a manner that prevents the release of asbestos fibers to the environment and human exposure thereto.

(b) It is intended that the rules in this chapter be used in conjunction with other federal, state, and local requirements for managing and controlling asbestos, including but not limited to:

(1) Administrative rules established by the department pursuant to RSA 149-M, including but not limited to Env-Sw 901 and Env-Sw 2100; and

(2) Federal regulations, including those relating to worker safety, established by:

a. U.S. Occupational Safety and Health Administration in 29 CFR 1910 and 29 CFR 1926; and

b. U.S. Environmental Protection Agency (EPA) in 40 CFR 61 and 40 CFR 763.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1801.02 Applicability {#sec-env-a-1801.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.02}

Subject to Env-A 1803, this chapter shall apply to the following:

(a) Any person who owns or operates any facility that has asbestos-containing material (ACM) or regulated asbestos-containing material (RACM) on the premises;

(b) Any person involved in asbestos abatement or disturbance of asbestos at an asbestos disposal site, including, but not limited to, analytical laboratories, consultants, industrial hygienists, supervisors, and workers;

(c) Any source, other than an inactive waste disposal site that ceased operating by July 10, 1981, subject to 40 CFR 61, Subpart M;

(d) Any structure, installation, or building previously subject to this chapter, regardless of its current use or function;

(e) Training, licensure, and certification of persons engaged in:

(1) Asbestos abatement, as defined by RSA 141-E:2, II;

(2) School asbestos abatement planning, as defined by RSA 141-E:2, VIII; and

(3) Activities involving the disturbance of asbestos at asbestos disposal sites, as defined by RSA 141-E:2, III; and

(f) Any person involved in a project with the potential to release asbestos fibers during building maintenance, construction, renovation, demolition, or other similar activities; or processing, transport, and disposal activities.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1801.03 Submissions To and Other Contact With the Department {#sec-env-a-1801.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.03}

(a) Any application, request, report, notification, or other information required or allowed by this chapter to be provided to the department in writing shall be sent or delivered as specified in Table 1801-1:

Table 1801-1: Methods of Submission with Address/Other Contact Information

Method of Submission

Address

First-class mail

P.O. Box 95, Concord, NH 03302-0095

Delivery (commercial service or in-hand)

29 Hazen Drive, Concord, NH

(b) Any application, request, report, notification, or other information required or allowed by this chapter to be provided to the department by telephone or email shall be directed as specified in Table 1801-2:

Table 1801-2: Contact Information for Telephone and Electronic Communications

Method of Contact

Contact Information

Email for Env-A 1803 - 1813

asbestos@des.nh.gov

Email for Env-A 1814 - 1820

Asbestos.licensing@des.nh.gov

Telephone for Env-A 1803 - 1813

603-271-0820

Telephone for Env-A 1814 - 1820

603-271-4609

(c) Submission of a notification by electronic means pursuant to Env-A 1806, shall be in accordance with Env-C 214, “Cross-media electronic reporting rule (CROMERR) compliance”, and 40 CFR 3, “Cross-media reporting,” effective November 4, 2022.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1801.04 Federal Definitions Incorporated {#sec-env-a-1801.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.04}

Terms used in this chapter that are defined in 40 CFR 61.141 shall be as reprinted in Appendix D, except for the following:

(a) Asbestos;

(b) Facility;

(d) Remove.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1801.05 National Emission Standards For Asbestos {#sec-env-a-1801.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.05}

(a) Under the authority of RSA 141-E:4, XVI(c), the owner or operator of a facility subject to this chapter shall comply with 40 CFR 61, subpart M, as in effect on July 1, 2023 except for the following provisions of 40 CFR:

(1) 61.145(c)(1)(i);

(2) 61.145(c)(1)(ii);

(3) 61.145(c)(1)(iv);

(4) 61.149(c)(2);

(5) 61.150(a)(4);

(6) 61.150(a)(5);

(7) 61.150(b)(3);

(8) 61.151 with respect to disposal sites not operated after July 9, 1981;

(9) 61.151(c);

(10) 61.152(b)(3);

(11) 61.154(c);

(12) 61.154(d);

(13) 61.155(a); and

(14) 61.157.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1801.06 AHERA Regulations {#sec-env-a-1801.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1801.06}

A person involved in an asbestos abatement project in a school shall comply with the requirements of this chapter and the provisions of 40 CFR 763, subpart E, as in effect on July 1, 2023, except for the provisions of 40 CFR 763.97 and 763.98.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1802 Definitions

N.H. Code Admin. R. Ann. Env-A 1802.01 Aggressive sampling {#sec-env-a-1802.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.01}

“Aggressive sampling” means air sampling which takes place while air is being physically agitated, which, upon analysis, is likely to give the highest airborne concentration of asbestos.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.02 Amended water {#sec-env-a-1802.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.02}

“Amended water” means “amended water” as defined in 29 CFR 1926.1101(b), as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.03 Accredited training course {#sec-env-a-1802.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.03}

“Accredited training course” means any training course that has received EPA approval or an EPA-approved state accreditation program.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.04 Approved training course {#sec-env-a-1802.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.04}

“Approved training course” means any training course that meets the requirements of Env-A 1814.03, that is being offered by a training provider that meets the requirements of Env-A 1814.05.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.05 Asbestos {#sec-env-a-1802.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.05}

“Asbestos” means “asbestos” as defined in RSA 141-E:2, I, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.06 Asbestos abatement {#sec-env-a-1802.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.06}

“Asbestos abatement” means “asbestos abatement” as defined in RSA 141-E:2, II, as reprinted in Appendix C. As used in this chapter, this term includes “renovation operation.”

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.07 Asbestos abatement entity {#sec-env-a-1802.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.07}

“Asbestos abatement entity” means any contractor, employer, or person involved in any major or minor asbestos abatement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.08 Asbestos abatement project designer {#sec-env-a-1802.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.08}

“Asbestos abatement project designer” means an individual who has met the criteria in Env-A 1816.06 and been issued a certification pursuant to Env-A 1815 to:

(a) Conduct, plan, design, and develop procedures for asbestos abatement; or

(b) Provide other substantive direction or criteria for asbestos abatement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.09 Asbestos abatement supervisor {#sec-env-a-1802.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.09}

“Asbestos abatement supervisor” means an individual who has met the criteria in Env-A 1816.02 and been issued a certification pursuant to Env-A 1815 to direct and control the asbestos abatement work of an asbestos abatement worker.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.10 Asbestos abatement worker {#sec-env-a-1802.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.10}

“Asbestos abatement worker” means an individual who has met the criteria in Env-A 1816.03 and been issued a certification pursuant to Env-A 1815 to perform asbestos abatement work under the supervision of an asbestos abatement supervisor.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.11 Asbestos-containing material (ACM) {#sec-env-a-1802.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.11}

“Asbestos-containing material (ACM)” means any material that contains any type of asbestos in an amount greater than one percent by weight, area, or volume, either alone or mixed with other fibrous or non-fibrous materials. As used in this chapter, this term includes “asbestos-containing building materials,” “asbestos-containing waste materials,” and “presumed asbestos containing materials”.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.12 Asbestos-containing building material (ACBM) {#sec-env-a-1802.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.12}

“Asbestos-containing building material (ACBM)” means “asbestos-containing building material” as defined in 40 CFR 763.83, as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.13 Asbestos disposal site {#sec-env-a-1802.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.13}

“Asbestos disposal site” means “asbestos disposal site” as defined in RSA 141-E:2, III, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.14 Asbestos disposal site entity {#sec-env-a-1802.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.14}

“Asbestos disposal site entity” means any contractor, employer, or individual seeking to disturb asbestos at an asbestos disposal site.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.15 Asbestos exposure {#sec-env-a-1802.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.15}

“Asbestos exposure” means exposure to airborne asbestos that would occur if an individual were not using respiratory protective equipment or other personal protective equipment.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.16 Asbestos Hazard Emergency Response Act (AHERA) {#sec-env-a-1802.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.16}

“Asbestos Hazard Emergency Response Act (AHERA)” means the Asbestos Hazard Emergency Response Act, Public Law 99-519, promulgated by the U.S. Congress on October 22, 1986.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.17 Asbestos inspector {#sec-env-a-1802.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.17}

“Asbestos inspector” means an individual who has met the criteria in Env-A 1816.04, has been issued a certification pursuant to Env-A 1815, and is capable of identifying asbestos hazards in a commercial, private, or residential structure.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.18 Asbestos management planner {#sec-env-a-1802.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.18}

“Asbestos management planner” means an individual who has met the criteria in Env-A 1816.05 and been issued a certification pursuant to Env-A 1815 to assess the health hazard posed by ACM, determine the appropriate response action, and develop a schedule for implementing a response action.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.19 Building owner {#sec-env-a-1802.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.19}

“Building owner” means the person in whom legal or beneficial title to a facility is vested. The term includes a duly-authorized representative of the building owner.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.20 Certification holder {#sec-env-a-1802.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.20}

“Certification holder” means the individual whose name appears on the certification.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.21 Clean room {#sec-env-a-1802.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.21}

“Clean room” means an uncontaminated area or room which is part of the worker decontamination enclosure system and includes storage for workers’ street clothes and clean protective equipment.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.22 Contractor {#sec-env-a-1802.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.22}

“Contractor” means “contractor” as defined in RSA 141-E:2, IV, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.23 Electronic means {#sec-env-a-1802.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.23}

“Electronic means”, as applied to the submittal of notifications, applications, reports or other documents to the department, means submission through an electronic reporting system, designed and intended to be used for submitting documents electronically to the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.24 Emergency asbestos abatement {#sec-env-a-1802.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.24}

“Emergency asbestos abatement” means “emergency renovation operation”, as defined in 40 CFR 61.141, as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.25 Encapsulant {#sec-env-a-1802.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.25}

“Encapsulant” means a material that is applied to an ACM in order to prevent the ACM or any of its components from being exposed to ambient conditions.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.26 Encapsulation {#sec-env-a-1802.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.26}

“Encapsulation” means the application of an encapsulant to ACM to control the release of asbestos fibers into the air, either by using bridging encapsulants, which create a membrane over the surface of the ACM, or by using penetrating encapsulants, which penetrate the ACM and bind its components together.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.27 Equipment room {#sec-env-a-1802.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.27}

“Equipment room” means a contaminated area or room which is part of the worker decontamination enclosure system and which provides for the storage of contaminated clothing and equipment.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.28 Facility {#sec-env-a-1802.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.28}

“Facility” means any institutional, commercial, industrial, residential, public or private building, installation or structure, work place, ship, utility infrastructure, active waste disposal site, inactive asbestos disposal site operated after July 9, 1981, or rental dwelling.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.29 Friable asbestos material {#sec-env-a-1802.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.29}

“Friable asbestos material” means “friable asbestos material” as defined in RSA 141-E:2, VI, as reprinted in Appendix C. The term includes “friable ACM.”

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.30 High-efficiency particulate air (HEPA) {#sec-env-a-1802.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.30}

“High-efficiency particulate air (HEPA)” means “high-efficiency particulate air” as defined in 40 CFR 763.83, as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.31 Homeowner {#sec-env-a-1802.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.31}

“Homeowner” means any individual who, alone or jointly and severally with others, has legal title to any single family property.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.32 License holder {#sec-env-a-1802.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.32}

“License holder” means the asbestos abatement entity or asbestos disposal site (ADS) entity, as applicable, whose name appears on the license.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.33 Loose {#sec-env-a-1802.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.33}

“Loose” means subject to movement by or in air, such as powder or fibers which can easily be blown or shaken from the hand.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.34 Maintenance worker {#sec-env-a-1802.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.34}

“Maintenance worker” means an individual who engages in work activities designed or intended to contribute to the on-going routine maintenance of a facility, including but not limited to building maintenance, electrical work, plumbing, carpentry, masonry, custodial services, and heating services, and whose primary occupation is not asbestos abatement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.35 Major asbestos abatement {#sec-env-a-1802.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.35}

“Major asbestos abatement” means any asbestos abatement activity that affects more than 10 linear feet of RACM on pipes, 25 square feet of RACM on the surface of structures other than pipes or ducts, or 3 cubic feet of RACM on facility components where the length or area could not be measured, but that occurs within the context of renovation or demolition.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.36 Manager {#sec-env-a-1802.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.36}

“Manager” means any individual who is responsible for the control, operation, or maintenance of a building, facility, school, or rental dwelling which is owned by another person.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.37 Minor asbestos abatement {#sec-env-a-1802.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.37}

“Minor asbestos abatement” means any asbestos abatement renovation activity which encompasses not more than 10 linear feet of RACM on pipes, 25 square feet of RACM on the surface of structures other than pipes, or 3 cubic feet of RACM on facility components where the length or area could not be measured that occurs within the context of a renovation or demolition. The term does not include larger projects that are divided into smaller segments.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.38 Owner or operator {#sec-env-a-1802.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.38}

“Owner or operator” for the purpose of this chapter means “owner or operator of a demolition or renovation activity” as defined in 40 CFR 61.141, as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.39 Person {#sec-env-a-1802.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.39}

“Person” means “person” as defined in RSA 125-C:2, X, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.40 Presumed asbestos-containing material (PACM) {#sec-env-a-1802.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.40}

“Presumed asbestos-containing material (PACM)” means “presumed asbestos containing material” as defined in 29 CFR 1910.1001(b), as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.41 Regulated Asbestos-Containing Material (RACM) {#sec-env-a-1802.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.41}

“Regulated Asbestos-Containing Material (RACM)” means “regulated asbestos-containing material” as defined in RSA 141-E:2, VII, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.42 Removal {#sec-env-a-1802.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.42}

“Removal” means the stripping of any ACM from surfaces or components within or at a facility.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.43 Rental dwelling {#sec-env-a-1802.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.43}

“Rental dwelling” means any property that is occupied by someone other than the homeowner or the homeowner’s spouse, partner, dependents, or children.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.44 Responsible person {#sec-env-a-1802.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.44}

“Responsible person” means each individual who has managerial, supervisory, or substantial decision-making authority and responsibility for the activities of a license holder, including:

(a) For a corporation, the following:

(1) All officers and directors;

(2) All shareholders, if a privately held corporation, or all shareholders holding 10 percent or more of the corporation’s debt or equity, if a publicly traded corporation; and

(3) All management and supervisory personnel;

(b) For a partnership, all partners, whether general or limited, and all management and supervisory personnel;

(c) For an association or other organization, all principals, members, and participants, as applicable, and all management and supervisory personnel; and

(d) For a municipality or other political subdivision of the state, the individuals elected or appointed to oversee or manage the prudential affairs of the political subdivision, and the managers and supervisors of the department(s) that will perform work under the authority of the license.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.45 School {#sec-env-a-1802.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.45}

“School” means any non-profit institution, whether private or public, day or residential, that provides elementary or secondary education, or both, including kindergarten but excluding day care centers.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.46 School asbestos abatement planning {#sec-env-a-1802.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.46}

“School asbestos abatement planning” means “school asbestos abatement planning” as defined in RSA 141-E:2, VIII, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.47 School building {#sec-env-a-1802.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.47}

“School building” means “school building” as defined in 40 CFR 763.83, as reprinted in Appendix D.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.48 Sheeting {#sec-env-a-1802.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.48}

“Sheeting” means any waterproof material which can be used to make air-tight barriers. The term includes “sheets”.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.49 Shower room {#sec-env-a-1802.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.49}

“Shower room” means a room between the clean room and the equipment room in the worker decontamination enclosure with running water that is suitably arranged for complete showering during decontamination.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.50 Small-scale, short-duration activities (SSSD) {#sec-env-a-1802.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.50}

“Small-scale, short-duration activities (SSSD)” means “small-scale, short-duration activities (SSSD)” as described in 40 CFR 763, subpart E, appendix C, July 1, 2023 edition, as reprinted in Appendix D, provided that such activities affect no more than 3 linear feet of asbestos surface on pipes or 3 square feet of asbestos-containing building material on the surface of structures other than pipes.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.51 Structural member {#sec-env-a-1802.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.51}

“Structural member” means “structural member” as defined in RSA 141-E:2, IX, as reprinted in Appendix C.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.52 Tape {#sec-env-a-1802.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.52}

“Tape” means a high quality duct tape or similar adhesive material that can resist both moisture and wear.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1802.53 Type A project {#sec-env-a-1802.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.53}

“Type A project” means major asbestos abatement involving 500 linear feet or more of RACM on pipes, 1,000 square feet or more of RACM on the surface of structures other than pipes, or 100 cubic feet or more of RACM on facility components where the length or area could not be measured.

History

#14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1802.54 Type B project {#sec-env-a-1802.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.54}

“Type B project” means major asbestos abatement involving at least 260 linear feet but less than 500 linear feet of RACM on pipes, 160 square feet but less than 1,000 square feet of RACM on the surface of structures other than pipes, or 35 cubic feet but less than 100 cubic feet of RACM on facility components where the length or area could not be measured.

History

#14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1802.55 Type C project {#sec-env-a-1802.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.55}

“Type C project” means major asbestos abatement involving less than 260 linear feet of RACM on pipes, 160 square feet of RACM on the surface of structures other than pipes, or 35 cubic feet of RACM on facility components where the length or area could not be measured.

History

#14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1802.56 Utility infrastructure {#sec-env-a-1802.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1802.56}

“Utility infrastructure” means any active or abandoned above-ground or underground system intended to convey a service, such as electricity, or to remove a waste, such as sewage, or to store a material, such as fuel, that is either constructed or insulated with ACM, including but not limited to transite pipe, electrical line, water line, sewer line, heating line, roadway, or storage tank.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36 (formerly Env-A 1802.53),

Part Env-A 1803 Homeowner Requirements for Asbestos Abatement and Disposal

N.H. Code Admin. R. Ann. Env-A 1803.01 Homeowner Requirements {#sec-env-a-1803.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.01}

(a) The homeowner of a private, single-family property, not used as a rental dwelling, who performs asbestos abatement on, or disposes of ACM from, that property shall only be subject to the requirements in this Part, except as noted in (b), below, provided:

(1) The homeowner personally performs the asbestos abatement or disposes of the ACM; and

(2) The asbestos abatement is not done within 6 months of selling or renting the property.

(b) After completing asbestos abatement pursuant to (a), above, a homeowner who wants to demolish a private, single-family property shall follow the applicable requirements specified in Env-A 1804 through Env-A 1812.

(c) The single-family property shall include any building or structure used or intended for human habitation, and all other buildings and structures, located within the same lot as designated on a municipal tax map.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.02 General Homeowner {#sec-env-a-1803.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.02}

Asbestos Removal Procedures.

(a) To prevent the release of fibers until properly packaged in accordance with Env-A 1803.05, the homeowner shall:

(1) Adequately wet all ACM with amended water before removal; and

(2) Maintain the ACM wet during and after removal.

(b) The homeowner shall carefully lower, not drop, throw, or slide, all ACM to the ground or floor.

(1) Intact or in large sections whenever possible; and

(2) By carefully lowering, not dropping, throwing, or sliding, those structural members to the floor.

(d) The homeowner shall remove ACM that is not associated with structural members as follows:

(1) In small sections; and

(2) By not allowing the ACM to accumulate on the floor.

(e) Following removal, the homeowner shall perform cleanup procedures using repeated HEPA vacuuming and wet cleaning techniques until no visible residue is observed in the work area.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.03 Disturbance of Asbestos-Containing Asphalt Roofing Materials {#sec-env-a-1803.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.03}

In addition to the requirements in Env-A 1803.02, homeowners who remove asbestos-containing asphalt roofing materials from the roof of a structure, shall comply with the following:

(a) Not sand, saw, grind, abrade, or otherwise treat the roofing material in a manner that might create a fine dust or particles; and

(b) Protect the surrounding ground with poly drop cloths such that no roofing material will come into contact with the ground.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.04 Disturbance of Asbestos-Containing Cementitious Roofing or Siding Materials {#sec-env-a-1803.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.04}

In addition to the requirements in Env-A 1803.02, homeowners who remove asbestos-containing cementitious siding or roofing materials from the side or roof of the structure, shall comply with the following:

(a) Not sand, saw, grind, abrade, or otherwise treat the ACM in a manner that might create a fine dust or particles;

(b) Protect the surrounding ground prior to removal with poly drop cloths such that no ACM will come into contact with the ground; and

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.05 Homeowner ACM Packaging and Labeling Procedures {#sec-env-a-1803.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.05}

(a) Before completing asbestos abatement or disposing of ACM, the homeowner shall package ACM in accordance with Env-Sw 901.06, and as follows:

(1) For all loose ACM, take the following actions to prevent the release of fibers:

a. Adequately wet the ACM with amended water;

b. Place the ACM into leak-tight containers or double impermeable bags of at least 6 mil thickness each; and

c. Seal the containers or bags with tape, as applicable;

(2) Wrap large components or structural members that were removed intact in 2 leak-tight layers of 6 mil sheeting and seal the sheeting with tape; and

(3) Line the containers, into which bulk unwrapped asbestos waste is placed, with at least 20 mil of sheeting.

(b) The homeowner shall label ACM, in accordance with Env-Sw 901.06, and as follows:

(1) Label the containers or wrapped materials using warning labels, as follows:

a. Printed in letters of sufficient size and contrast so as to be readily visible and legible; and

b. As specified in 29 CFR 1910.1001(j)(5) or 1926.1101(k)(8); and

(2) For asbestos-containing waste material to be delivered to a permitted disposal facility, label containers or wrapped materials with the name of the homeowner and the location at which the waste was generated.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.06 Homeowner Notice of Asbestos Disposal {#sec-env-a-1803.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.06}

(a) In addition to the requirements of Env-A 1803.05, the homeowner transporting ACM for disposal, or engaging a person or entity to dispose of the ACM, shall:

(1) Complete and submit the “Homeowner Notice of Asbestos Disposal” form NHDES-A-01-029 dated August 20, 2024, and available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-029 or via the department’s website at www.des.nh.gov, containing the information as specified in (b) below;

(2) Submit the form to the department by mail, hand-delivery or electronic means, such that the form is postmarked or received by the department no later than the day on which such transport for disposal begins;

(3) Retain a copy of the form for at least 2 years from the date the notification was postmarked, delivered to or received by the department; and

(4) Provide a copy of the form required in (1) above, to the person engaged to dispose of the ACM, at the time the ACM is collected.

(b) The homeowner shall provide the following on the form required in (a)(1), above:

(1) The homeowner’s name, mailing address, telephone number, telephone type, and, if available, email address;

(2) The physical address of the property where the ACM was generated;

(3) The date when the ACM will be picked up;

(4) The quantity(ies) of ACM to be transported and disposed:

(5) The name, mailing address, and contact information, including name, email address, telephone number, and telephone type, of the asbestos waste transporter;

(6) The name, physical address, and contact information, including name, email address, telephone number, and telephone type, of the asbestos waste disposal facility; and

(7) A certification that:

a. The homeowner has read and understands the New Hampshire asbestos management and control rules, Env-A 1800;

b. The homeowner prepared the notice in conformity with Env-A 1800; and

c. All information contained herein, including any supplements attached hereto, is true, complete, and not misleading to the best of the homeowner’s knowledge and belief.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.07 Homeowner ACM Disposal Procedures {#sec-env-a-1803.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.07}

After submittal of the notice specified in Env-A 1803.06, the homeowner shall remove packaged ACM from the work site as soon as practical, but no later than 30 days, following the completion of the abatement work by either:

(a) Delivering the ACM to a permitted disposal facility; or

(b) Having the ACM picked up for disposal by a transporter.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1803.08 Homeowner Waste Shipment Records {#sec-env-a-1803.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1803.08}

(a) Within 30 days after delivering ACM to a permitted disposal facility, the homeowner shall submit a copy of the waste shipment record to the department by mail, hand delivery, or electronic means.

(b) If the ACM is picked up for disposal by a transporter, the homeowner shall submit, within 30 days of the pickup, to the department by mail, hand delivery, or electronic means:

(1) A copy of the waste shipment record signed by a representative of the permitted disposal facility; or

(2) A statement that the waste shipment record signed by a representative of the permitted disposal facility has not been received.

(1) Within 35 days of the date the ACM was accepted by the initial transporter, contact the transporter or the permitted disposal facility to determine the status of the waste shipment; and

(2) Within 10 business days of contacting the permitted disposal facility or transporter, submit a written report to the department, including the following information:

a. A copy of the waste shipment record for which a confirmation of delivery was not received; and

b. A cover letter signed by the homeowner explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

(d) Pursuant to 40 CFR 61.150, the waste shipment record shall include the following information:

(1) Name, mailing address, and telephone number of the homeowner;

(2) Physical address where the ACM was generated;

(3) Name and address of the state office responsible for administering the asbestos NESHAP program;

(4) Number of containers used to transport the ACM;

(5) Approximate quantity of each type of ACM in cubic meters or cubic yards;

(6) Name and telephone number of the permitted disposal facility representative;

(7) Name and physical site location of the permitted disposal facility;

(8) Date of transport;

(9) Name, address, and telephone number of the transporter(s);

(10) A certification by each transporter of the contents of this consignment as follows:

a. They are fully and accurately described by proper shipping name;

b. They are classified, packed, marked, and labeled; and

c. They are in all respects in proper condition for transport by highway according to applicable international and government regulations; and

(11) A certification of receipt of the ACM covered by the waste shipment record by the permitted disposal facility representative.

(e) If the homeowner delivers the ACM to a permitted disposal facility, the homeowner shall provide a copy of the waste shipment record to the permitted disposal facility at the same time as the delivery.

(f) The homeowner shall retain a copy of all waste shipment records for at least 5 years from the date that the ACM was received by the waste disposal facility.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1804 Inspections

N.H. Code Admin. R. Ann. Env-A 1804.01 Inspections Required Prior to Commencing Demolition or Renovation {#sec-env-a-1804.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1804.01}

(a) Except as provided in (e) and (f), below, prior to undertaking any demolition or renovation of any facility, the owner or operator shall provide for an inspection, as required by 40 CFR 61.145(a) and 29 CFR 1926.1101(k)(2)(i), by an asbestos inspector of the affected portion(s) of the facility for the presence of ACM.

(b) The owner or operator shall ensure that the inspection required by (a), above, meets the requirements of (c), below.

(1) A written report summarizing the inspection findings is created and available as specified in (d)(3), (d)(4) and (h)(3); and

(2) All samples are collected and analyzed, as specified in (d)(2), below.

(d) The asbestos inspector shall:

(1) Conduct the inspection required by (a), above, in accordance with the requirements of (c), above;

(2) Have all samples, other than those samples assumed to be asbestos, from an inspection:

a. Collected in accordance with 40 CFR 763.86; and

b. Analyzed by an asbestos analysis service which meets the criteria set forth in Env-A 1813;

(3) Create a written inspection report including the type, category, condition, amount, and location of ACM;

(4) Retain a copy of the inspection report for 5 years after the date the inspection was completed; and

(5) Submit to the department a copy of the inspection report within 3 business days of a request by the department.

(e) If a state or local government agency declares a facility or portion of a facility structurally unsound or in danger of imminent collapse, the requirement to conduct an inspection pursuant to (a), above, and to remove all asbestos prior to demolition pursuant to Env-A 1809.01, shall not apply if the owner or operator:

(1) Submits to the department a notification and documentation, as specified in Env-A 1806.05(e), from the state or local government agency that the facility was determined to be structurally unsound and in danger of imminent collapse; and

(2) Presumes that the facility contains asbestos and complies with all other applicable requirements of Env-A 1805 through Env-A 1812.

(f) For a renovation or demolition of a structure having 4 or fewer units, the owner or operator shall not be required to conduct an inspection pursuant to (a), above, if the facility component to be impacted by the renovation or demolition only includes materials made solely of wood, stone, fiberglass, glass, plastic, metal, foam, or rubber.

(g) For a demolition or renovation involving asbestos abatement, the owner or operator shall comply with the recordkeeping requirements specified in Env-A 1805.

(h) For a demolition or renovation not involving asbestos abatement, the owner or operator shall:

(1) Keep the inspection report, in paper or electronic format, on-site and readily available for review for the duration of the demolition or renovation activities;

(2) Retain the inspection report for 5 years after completion of the demolition or renovation; and

(3) Submit to the department a copy of the inspection report within 3 business days of a request by the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1804.02 Compliance Inspections {#sec-env-a-1804.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1804.02}

(a) Upon the request of the department, in conjunction with any inspection pursuant to RSA 141-E:8 or RSA 141-E:13, the owner or operator, building owners, or managers shall review building records for references to ACM used in construction or repairs and provide all information found to the department in writing within 10 business days of the request.

(b) If, during an inspection pursuant to RSA 141-E:8 or RSA 141-E:13, the department observes material suspected of being friable ACM, then:

(1) The department shall provide written notification to the owner or operator, building owner, or manager; and

(2) The owner or operator, building owner, or manager shall have an inspection as specified in Env-A 1804.01 conducted within 15 business days after the date of the notification in (1), above.

(c) If ACM is found during the inspection, the owner or operator, building owner, or manager shall have an asbestos inspector:

(1) Collect a minimum of 3 bulk samples of the material;

(2) Collect air samples; and

(3) Have the samples analyzed by an asbestos analysis service which meets the criteria set forth in Env-A 1813.

(d) The owner or operator, building owner, or manager shall:

(1) Keep a copy of the inspection report and analytical results for at least 5 years after the sampling is completed; and

(2) Submit a copy of the inspection report and analytical results to the department or other interested parties within 3 business days of receipt of a written request.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1804.03 Determination of Damage or Deterioration {#sec-env-a-1804.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1804.03}

For purposes of RSA 141:8, friable ACM shall be deemed to be deteriorated or damaged if:

(a) The material has pulled away from the underlying surface; or

(b) Evidence of physical damage exists, such as gouges or cuts in the material or debris matching the material is on the surface below the material.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1804.04 Determination of the Potential for Significant Human Exposure {#sec-env-a-1804.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1804.04}

As a result of an inspection under RSA 141-E:8 or RSA 141-E:13, the department shall determine that there is a potential for significant human exposure if:

(a) There is an increase in the proximity of friable ACM to an air plenum or direct air stream;

(b) There is an increase in the visibility and accessibility of friable ACM to building occupants and maintenance workers; or

(c) An increase or change in the degree of activity in or around the building increases the risk the friable ACM will be released into the air, including air movement, vibration, installing new machinery, and moving of building occupants.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1804.05 Inspection and Compliance Monitoring Fees {#sec-env-a-1804.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1804.05}

(a) Whenever the department conducts an inspection under RSA 141-E:7, RSA 141-E:8 or RSA 141-E:13, with or without collecting and analyzing samples, in order to evaluate compliance with RSA 141-E, the department shall charge a fee for the inspection.

(b) The fee charged shall be the sum of the individual personnel testing and monitoring fee as specified in (c), below.

(c) The individual personnel testing and monitoring fee shall be the sum of the following for each department employee who participates in the inspection:

(1) Travel costs, based on the state of New Hampshire’s standard mileage reimbursement rate;

(2) Lodging costs, if lodging is or becomes necessary due to the amount of time needed for travel and the inspection, the distance from Concord, and weather conditions;

(3) Cost of meals, if the time needed for the inspection and travel exceeds 4 hours;

(4) Costs of specialty equipment and consumable supplies, where these costs were incurred specifically in order to carry out the specific inspection; and

(5) The product of the number of hours or portion thereof which the employee spent traveling and inspecting, multiplied by the hourly rate, including benefits, of that employee.

(d) The department shall send the invoice for the fee to the owner or operator of the facility.

(e) The owner or operator shall pay the fee within 30 days of the date of the department’s invoice.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1805 Recordkeeping

N.H. Code Admin. R. Ann. Env-A 1805.01 Documents To Be Retained On-Site {#sec-env-a-1805.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1805.01}

(a) During asbestos abatement, each asbestos abatement entity at a facility where a major or minor asbestos abatement is occurring shall keep the following documents on-site and readily available for review, as applicable, in electronic or paper format, for the duration of the asbestos abatement:

(1) A current copy of this chapter;

(2) Copies of the decontamination procedures used for the decontamination enclosure system required by Env-A 1808.05 or any other procedures which have been established to prevent contamination of areas outside the work area;

(3) Copies of procedures to be followed during medical or fire emergencies, including phone numbers of the nearest emergency facilities;

(4) Copies of all certifications and proof of current training certificates held by all asbestos abatement supervisors and workers engaged in the asbestos abatement;

(5) Records of all asbestos abatement-related air sampling results;

(6) A copy of the inspection report prepared by the asbestos inspector;

(7) A copy of any written notification concerning the asbestos abatement submitted to the department pursuant to Env-A 1806;

(8) The work plan for the asbestos abatement;

(9) A copy of the asbestos abatement entity license;

(10) A copy of any alternative procedure and approval pursuant to Env-A 1811.02; and

(11) Daily temperature records as specified in Env-A 1805.02(a).

(b) The requirement in (a), above, shall not apply to SSSD activities.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1805.02 Required Records {#sec-env-a-1805.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1805.02}

(a) Pursuant to 40 CFR 61.145(c)(7)(iii), the asbestos abatement entity shall record the temperature at the beginning, middle, and end of each workday for any periods when wetting operations are suspended pursuant to Env-A 1812.01(g).

(b) After asbestos abatement is complete, each asbestos abatement entity for a facility where major or minor asbestos abatement has occurred shall record and maintain the following information, as applicable, in electronic or paper format, for each asbestos abatement:

(1) The name, title, and address of each asbestos abatement supervisor and worker who participated in the asbestos abatement;

(2) The address of the asbestos abatement;

(3) The work plan for the asbestos abatement;

(4) All notifications and revisions submitted to the department pursuant to Env-A 1806;

(5) Waste shipment records and disposal site slips for all RACM taken from the asbestos abatement site;

(6) The estimated amount of RACM involved in the asbestos abatement;

(7) The scheduled and actual starting and completion dates and, if an actual date differs from the date originally scheduled, a statement of reasons for the difference(s);

(8) Documentation of compliance with all applicable requirements of this chapter;

(9) Copies of all asbestos-related correspondence with the department and other state and federal agencies concerning the project, including but not limited to building or demolition permits, notices of violation, or other documents relating to permits;

(10) The name and address of the asbestos disposal facility to which the RACM was taken;

(11) Information regarding any air sampling, including:

a. Methodology and results of clearance testing pursuant to Env-A 1808.06, conducted during the abatement process;

b. Fiber concentration methodology and results pursuant to Env-A 1808.04(e);

c. The name and address of any consultant(s) hired to perform such sampling; and

d. The name and address of any asbestos analytical service(s) employed to analyze such samples, pursuant to Env-A 1813;

(12) Descriptions of worksite accidents and asbestos exposure;

(13) A copy of the report summarizing the findings of the inspection, as required by Env-A 1804.01(c)(1); and

(14) Documentation regarding any alternative procedure used and approval received, pursuant to Env-A 1811.02.

(c) After asbestos abatement is complete, each owner or operator of a facility where major or minor asbestos abatement has occurred shall record and maintain the following information, as applicable, in electronic or paper format, for each asbestos abatement:

(1) A copy of all notifications and revisions submitted to the department pursuant to Env-A 1806;

(2) A copy of the waste shipment records and disposal site slips for all RACM taken from the asbestos abatement site;

(3) A copy of the clearance air sampling and clearance determination; and

(4) A copy of the report summarizing the inspection findings required by Env-A 1804.01(c)(1).

(d) The requirements of (b) and (c), above, shall not apply to SSSD activities.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1805.03 Retention of Records {#sec-env-a-1805.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1805.03}

(a) Upon request by the department, the asbestos abatement entity and owner or operator shall submit the records described in Env-A 1805.02 to the department within 3 business days.

(b) Except as provided in (c), below, the asbestos abatement entity and owner or operator shall not destroy records unless they are more than 30 years old, dated from the completion of the asbestos abatement.

(c) For an asbestos abatement at a school, the owner or operator shall maintain records for 3 years after each triennial inspection.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1806 Notification Requirements and Fees

N.H. Code Admin. R. Ann. Env-A 1806.01 Notification for Minor Asbestos Abatement {#sec-env-a-1806.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.01}

(a) Except as provided in (b) and (c), below, the owner or operator of minor asbestos abatement shall not be required to notify the department regarding that project.

(b) If the minor asbestos abatement is being done as part of a demolition, then the owner or operator shall submit an “Asbestos Demolition Notification” form as required by Env-A 1806.05.

(c) The owner or operator of a minor asbestos abatement project shall submit an “Asbestos Transport for Disposal Notification” form as required by Env-A 1806.07.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1806.02 Requirements for Major Asbestos Abatement {#sec-env-a-1806.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.02}

(a) The owner or operator shall provide the following:

(1) Notification to the department, and as specified in Env-A 1806.03 and Env-A 1806.04, for each major asbestos abatement;

(2) If the asbestos abatement is being done as part of a demolition, an “Asbestos Demolition Notification” form, as required by Env-A 1806.05; and

(3) An “Asbestos Transport for Disposal Notification” form for the transport for disposal as required by Env-A 1806.07.

(b) The owner or operator shall create a work plan containing engineering controls and work practices necessary to comply with all applicable asbestos requirements.

(c) Upon request by the department, the owner or operator shall submit by mail, hand delivery, or electronic means to the department, within 3 business days of the request, a copy of the work plan for each asbestos abatement conducted.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1806.03 Notification Requirements for Major Asbestos Abatement {#sec-env-a-1806.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.03}

(a) In any notification specified in Env-A 1806.02(a)(1), the owner or operator shall:

(1) Complete and submit the “Asbestos Abatement Notification”, form NHDES-A-01-016, dated August 20, 2024, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-016 or via the department’s website at www.des.nh.gov; and

(2) Provide the following information:

a. An indication of whether the notice is a new or revised notification;

b. The amount of the fee included with the form;

c. An indication of whether the project is an emergency asbestos abatement;

d. For emergency asbestos abatement, the following:

Date and hour that the emergency occurred;
A description of the sudden, unexpected event; and,
An explanation of why immediate action is needed to address a public health or safety hazard or to avoid imposing an unreasonable economic hardship;

e. Name, physical address, county, and floor or room number, if applicable, of the facility being demolished or renovated;

f. Description of the facility or affected part of the facility including the size in square feet, number of floors, year constructed, current use, and prior use of the facility;

g. Date of the inspection, name of the person who conducted the inspection, and certification number of the asbestos inspector;

h. Type of inspection, including visual and analytical methods, employed to detect the presence of ACM;

i. If analytical methods were used, describe those;

j. List the types of asbestos and location in the facility;

k. An estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear feet, surface area in square feet on other facility components, or volume in cubic feet if off the facility components;

l. Scheduled start and completion dates of asbestos removal work or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material in a demolition or renovation;

m Weekly work schedule including days of the week and time of day of work;

n. Description of planned asbestos abatement work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components;

o. Description of work practices and engineering controls to be used, including asbestos removal and waste-handling emission control procedures;

p. Name and mailing address of the facility owner and asbestos abatement entity;

q. Contact information, including name, email address, telephone type, and telephone number for the facility owner or designee;

r. Contact information, including name, email address, telephone type, and telephone number for the asbestos abatement entity;

s. Description of procedures to be followed if unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder;

t. A certification that at least one person certified as required by Env-A 1816.02 relative to asbestos abatement supervisor certification requirements shall, at all times, supervise the asbestos abatement described by this notification;

u. License number of the asbestos abatement entity; and

v. A certification that:

The owner or operator has read and understands the New Hampshire asbestos management and control rules, Env-A 1800;
The notification is prepared in conformity with Env-A 1800; and
All information contained in the notification, including any supplements attached, is true, complete, and not misleading to the best of the owner or operator’s knowledge and belief.

(b) For asbestos abatement at a school subject to AHERA, attach a copy of the design plan to the notification submitted, pursuant to (a), above.

(1) Contain the information specified in (a) and (b), above, as applicable;

(2) Be submitted to the department by mail, hand delivery, or electronic means; and

(3) Be submitted such that the notice and fee are postmarked or received by the department at least 10 working days before any asbestos abatement begins.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1806.04 Revised Notifications for Major Asbestos Abatement {#sec-env-a-1806.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.04}

(a) The owner or operator shall submit a revised notification to the department, as specified in (b) through (f) below, if any of the following occurs during an asbestos abatement:

(1) The asbestos abatement entity assigned to the asbestos abatement changes;

(2) The type of asbestos affected changes;

(3) The completion date of the asbestos abatement changes;

(4) An unscheduled change, of more than one day, to the dates or hours of operation occurs;

(5) The amount of asbestos affected changes by 20% or more;

(6) The amount of asbestos increases resulting in an increase in the notification fee required under Env-A 1806.08(b);

(7) The start date of the asbestos abatement changes; or

(8) Additional locations within a facility where asbestos is to be removed are added to the asbestos abatement.

(b) The owner or operator shall submit a revised notification for changes specified in (a)(1) through (a)(6) by:

(1) Notifying the department within 24 hours via telephone as specified in Env-A 1801.03(b) or electronic means;

(2) Completing the revised notification form as specified in Env-A 1806.03(a);

(3) Submitting the form and revised notification fee, as specified in Env-A 1806.08, to the department by mail, hand delivery, or electronic means; and

(4) Ensuring that the form and fee are postmarked, delivered to the department, or received by the department within 48 hours of notifying the department pursuant to (b)(1) above.

(c) For changes specified in (a)(6), above, the owner or operator shall also submit the notification fee required in Env-A 1806.08(b)(1) or (b)(2), as applicable, minus any amount already paid, pursuant to Env-A 1806.08(b)(2) or (b)(3), as applicable.

(d) If the revised start date of the asbestos abatement, pursuant to (a)(7) above, is earlier than the original start date of the asbestos abatement, the owner or operator shall:

(1) Complete the revised notification form as specified in Env-A 1806.03(a), above;

(2) Submit the revised notification form and notification fee, as specified in Env-A 1806.08, to the department by mail, hand delivery, or electronic means; and

(3) Ensure that the revised notification form is postmarked, delivered to the department, or received by the department at least 10 working days before the revised start date of the asbestos abatement.

(e) If the revised start date of the asbestos abatement, pursuant to (a)(7) above, is later than the original start date of the asbestos abatement, the owner or operator shall:

(1) Notify the department by telephone or electronic means at least 24 hours before the original start date; and

(2) Submit the revised notification form, as specified in Env-A 1806.03(a), and the revised notification fee, as specified in Env-A 1806.08, to the department by mail, hand delivery, or electronic means such that the form and fee are postmarked, delivered to the department, or received by the department within 24 hours of notifying the department, pursuant to (1) above.

(f) At least 10 days before work begins in a new location, as specified in (a)(8) above, the owner or operator shall mail, hand-deliver, or submit by electronic means, the following to the department:

(1) The revised notification form as specified in Env-A 1806.03(a) and revised notification fee, as specified in Env-A 1806.08; and

(2) For a project at a school subject to AHERA, a revised design plan showing that the new location has been properly inspected for asbestos, in accordance with Env-A 1804.01.

(g) For asbestos abatement, an initial notification and any subsequent revised notifications shall expire on the completion date specified in the notification, unless a revision is received by the department as specified in (b) through (f) above, as applicable.

(h) For any revisions to be made to a notification other than those listed in (a), above, the owner or operator shall submit, by mail, hand delivery, or electronic means, a revised notification form, as specified in Env-A 1806.03(a), and revised notification fee as specified in Env-A 1806.08, to the department within 2 business days of discovering the need to revise the form or of being requested by the department to revise the form.

(i) To cancel a previously submitted notification which has not expired pursuant to (g), above, the owner or operator shall submit, by email or electronic means, a request to cancel the notification to the department including:

(1) The facility address; and

(2) The start and completion dates of the asbestos abatement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1806.05 Notification for Demolitions {#sec-env-a-1806.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.05}

(a) The owner or operator shall provide notification to the department for each demolition by completing and submitting the “Asbestos Demolition Notification” form, NHDES-A-01-023, dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-023 or via the department’s website at www.des.nh.gov.

(b) The notice required by (a), above, shall include the following information:

(1) An indication of whether the notice is new or revised;

(2) An indication of whether the project is an ordered demolition;

(3) For facilities where ordered demolition will occur, include:

a. The name of the state or local government;

b. The name and title of the state or local government representative who has ordered the demolition;

c. The date that the order was issued;

d. The date on which the demolition was ordered to begin; and

e. The company name, mailing address, and contact information, including name, email address, telephone type, telephone number, and license number of the asbestos abatement entity;

(4) Name, county, and physical address of the facility being demolished;

(5) Description of the facility or affected part of the facility including the size in square feet, number of floors, year constructed, current use, and prior use of the facility;

(6) Except as specified in Env-A 1804.01(e) and (f), date of the inspection, name of the person who conducted the inspection, and certification number of the asbestos inspector;

(7) Type of inspection, including visual and analytical methods, employed to detect the presence of ACM;

(8) If analytical methods were used, describe those;

(9) If applicable, an indication that there is no ACM present;

(10) If applicable, an indication of whether ACM or RACM was present, as follows:

a. The amount of ACM or RACM;

b. The name of the individual or entity that conducted the asbestos abatement, if required; and

c. The date the asbestos abatement was completed;

(11) Scheduled start and completion dates of demolition;

(12) Weekly work schedule including days of the week and time of day of work;

(13) Description of planned demolition work to be performed and method(s) to be employed, including demolition techniques to be used and description of affected facility components;

(14) Description of work practices and engineering controls to be used including asbestos removal and waste-handling emission control procedures;

(15) Name and mailing address of the facility owner and demolition contractor;

(16) Contact information, including name, email address, telephone type, and telephone number for the facility owner or designee;

(17) Contact information, including name, email address, telephone type, and telephone number, for the demolition contractor;

(18) Description of procedures to be followed if unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder;

(19) An indication of whether the project is being done at a residential property with 4 or fewer dwellings or not; and

(20) A certification that:

a. The owner or operator has read and understands the New Hampshire asbestos management and control rules, Env-A 1800;

b. The notification is prepared in conformity with Env-A 1800; and

c. All information contained on the form, including any supplements attached to the form, is true, complete, and not misleading to the best of the owner or operator’s knowledge and belief.

(1) Contain the information specified in (b), above;

(2) Except as provided in (h), below, be submitted by mail, hand delivery, or electronic means; and

(3) Except as provided in (h), below, be submitted to the department such that the notice is postmarked, delivered to the department, or received by the department, at least 10 working days before any demolition activity begins.

(d) The owner or operator shall provide notification under (a), above, even if:

(1) No ACM is contained in the facility; or

(2) The project is a minor asbestos abatement.

(e) As specified in Env-A 1804.01(e), if a state or local government declares that a facility or portion of a facility is structurally unsound or in imminent danger of collapse, then the owner or operator shall:

(1) Submit the notification required by (a), above;

(2) Submit the notification form as specified in (a), above, such that it is postmarked or received by the department as early as possible before, but not later than, the following working day after beginning an ordered demolition; and

(3) Attach a copy of the documentation from the state or local government regarding the facility, that includes:

a. Name and title of the person who made the determination that the facility or portion of the facility is unsafe or structurally unsound;

b. A description of the person’s qualifications to make the determination;

c. The date when the determination was made; and

d. A description regarding the reason that the facility or portion of the facility is unsafe or structurally unsound.

(f) If the start date of a demolition other than a demolition described in (e), above, or (h), below, is later than the start date specified in a previously submitted notification, the owner or operator shall:

(1) Notify the department by e-mail at least 24 hours before the original start date; and

(2) Submit a revised notification form, containing all of the information specified in (b) above, and the fee specified in Env-A 1806.08(b)(5), to the department by mail, hand delivery, or electronic means such that the form is postmarked or received by the department within 24 hours of notifying the department, pursuant to (f)(1) above.

(g) If the start date of a demolition other than a demolition described in (e), above, or (h), below, is earlier than the start date specified in a previously submitted notification, the owner or operator shall submit a revised notification form containing all of the information specified in (b) above and the fee specified in Env-A 1806.08(b)(5), to the department by mail, hand delivery, or electronic means such that the revised notification form and fee are postmarked, delivered to the department, or received by the department at least 10 business days before the revised start date of the demolition.

(h) For a project at a single-family property or a residential building containing 4 dwelling units or less, either the homeowner or the owner or operator, as applicable, shall give notice to the department by electronic means 5 business days in advance of the start of demolition as follows:

(1) Submit the notification form specified in Env-A 1806.07; and

(2) Submit one of the following:

a. A copy of an inspection report, as specified in Env-A 1804.01, showing that no asbestos was found in the facility; or

b. At least one of the following documents showing that the proper removal of asbestos from the facility has been completed:

A copy of the air clearance results as specified in Env-A 1808.06; or
A copy of a waste shipment record as specified in Env-A 1812.03.

(i) If a revision to the notice in (h), above, is needed the homeowner or owner or operator shall follow the requirements in (k) and (l), below, to make any revisions to the notification.

(j) To cancel a previously submitted notification, the homeowner, owner or operator shall submit, by email or electronic means, a request to cancel the notification to the department, including:

(1) The facility address; and

(2) The start and completion dates of the demolition specified in the notification.

(k) Except as provided in (l), below, for any revisions to a notification other than those listed in (f) and (g), above, the homeowner, owner or operator shall submit, by mail, hand delivery, or electronic means, a revised notification form specified in (a), above, and revised notification fee as specified in Env-A 1806.08, to the department within 2 business days of discovering the need to revise the form or of being requested by the department to revise the form.

(l) For any revisions to a notification submitted pursuant to (h) above, the homeowner, owner or operator shall submit any revised notification form and fee specified in (j), above, by electronic means only.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1806.06 Notification for Emergency Asbestos Abatement {#sec-env-a-1806.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.06}

For emergency asbestos abatement, the owner or operator shall:

(a) Notify the department by e-mail with the information required by Env-A 1806.03(a), as follows:

(1) As early as possible prior to abatement; or

(2) If prior notice is not possible, within 24 hours of the beginning of each emergency asbestos abatement activity; and

(b) Submit by mail, hand delivery, or electronic means the notification form, as specified in Env-A 1806.03(a), and notification fees, if applicable, as specified in Env-A 1806.08, to the department such that it is postmarked or received by the department no later than 48 hours after beginning an emergency asbestos abatement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1806.07 Notification for Transport for Disposal {#sec-env-a-1806.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.07}

(a) In addition to the requirements in Env-A 1812.02, the owner or operator transporting ACM for disposal or engaging a person or entity to dispose of the ACM shall:

(1) Complete and submit the “Asbestos Transport for Disposal Notification”, form NHDES-A-01-024 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-024 or via the department’s website at www.des.nh.gov, containing the information specified in (b), below;

(2) Submit the notification form to the department by mail, hand-delivery, or electronic means such that the notification form and notification fee are postmarked or received by the department no later than the day on which such transport for disposal begins; and

(3) Provide a copy of the notification form required by (1), above, to the person or entity engaged to dispose of the ACM at the time the ACM is collected.

(b) The notification form required by (a)(1), above, shall include:

(1) Whether the material to be transported is ACM or RACM;

(2) The name and mailing address of the facility owner;

(3) The physical address and facility name where the material is located;

(4) The date when the material will be picked up;

(5) The name and physical address of the disposal site;

(6) The quantity(ies) of material to be transported and disposed;

(7) Contact information, including name, email address, telephone type, and telephone number, for the facility owner or designee;

(8) The name, mailing address, and contact information, including name, email address, telephone type, and telephone number, of the asbestos waste transporter;

(9) Contact information, including name, email address, telephone type, and telephone number, for the asbestos waste disposal facility; and

(10) A certification that:

a. The owner or operator has read and understands the New Hampshire asbestos management and control rules, Env-A 1800;

b. The notification is prepared in conformity with Env-A 1800; and

c. All information contained on the form, including any supplements attached thereto, is true, complete, and not misleading to the best of the owner or operator’s knowledge and belief.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1806.08 Notification Fees {#sec-env-a-1806.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.08}

(a) The owner or operator providing notification to the department shall also submit the nonrefundable fee specified in (b), below, as applicable, with the notification.

(b) Notification fees shall be nonrefundable and as follows:

(1) For each notification of a type A project:

a. For notifications submitted in calendar year 2026, $575; and

b. For notifications submitted in calendar year 2027 and subsequent years, $725;

(2) For each notification of a type B project:

a. For notifications submitted in calendar year 2026, $450; and

b. For notifications submitted in calendar year 2027 and subsequent years, $600;

(3) For each notification of a type C project:

a. For notifications submitted in calendar year 2026, $100; and

b. For notifications submitted in calendar year 2027 and subsequent years, $125;

(4) For each annual notification, pursuant to Env-A 1806.09:

a. For notifications submitted for calendar year 2026, $1,500;

b. For notifications submitted for calendar year 2027, $2,000; and

c. For notifications submitted for calendar year 2028 and subsequent years, $2,500; and

(5) For each revised notification pursuant to Env-A 1806.04(a)(1) through (a)(8), and Env-A 1806.05(f) and (g):

a. For notifications submitted in calendar year 2026, $40; and

b. For notifications submitted in calendar year 2027 and subsequent years, $60.

(1) Minor asbestos abatement, as defined pursuant to Env-A 1806.01;

(2) Initial demolition notification, pursuant to Env-A 1806.05;

(3) Initial ordered demolition, pursuant to Env-A 1806.05(e); and

(4) Transport for disposal, pursuant to Env-A 1806.07.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1806.09 Annual Notification {#sec-env-a-1806.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1806.09}

(a) In lieu of the separate notification required pursuant to Env-A 1806.02, and subject to (d), below, the owner or operator of a facility expected to undergo a major asbestos abatement in the next calendar year may file an annual notification to cover the period from January 1 of the new calendar year to December 31 of the same year.

(b) The owner or operator shall complete and submit:

(1) The “Annual Asbestos Notification” form NHDES-A-01-028 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-028 or via the department’s website at www.des.nh.gov, containing the information specified in (e) below;

(2) The notification form to the department by mail, hand delivery, or electronic means; and

(3) The notification form and associated fee, as specified in Env-A 1806.08(b)(4), such that the form and fee are postmarked or received by the department at least 10 working days prior to the start of the new calendar year.

(d) The owner or operator shall submit separate, individual notifications and fees as specified in Env-A 1806.03 and Env-A 1806.08 for each type A or type B project that occurs at the facility.

(e) The notification form required by (b)(1), above, shall include:

(1) Name, physical address, and county of the facility being demolished or renovated;

(2) Description of the facility or affected part of the facility including the size in square feet, number of floors, year constructed, current use, and prior use of the facility;

(3) Name and mailing address of the facility owner;

(4) Contact information, including name, email address, telephone type, and telephone number for the facility owner or designee;

(5) A certification that at least one person certified, in accordance with Env-A 1816.02, will supervise the asbestos abatement described by this notification at all times; and

(6) A certification that:

a. The owner or operator has read and understands Env-A 1800, the New Hampshire asbestos management and control rules, Env-A 1800;

b. The notification is prepared in accordance with Env-A 1800; and

c. All information contained on the form, including any supplements attached thereto, is true, complete, and not misleading to the best of the owner’s or operator’s knowledge and belief.

(f) Upon request by the department, the owner or operator shall submit by mail, hand delivery, or electronic means to the department within 3 business days of the request, a copy of the work plan or inspection report for each asbestos abatement conducted under an annual notification.

(g) After filing an annual notification, the owner or operator shall submit quarterly reports by mail, hand delivery, or electronic means to the department stating one of the following:

(1) That no activities have been performed; or

(2) Detailing each asbestos abatement performed under such annual notification, as follows:

a. Name of the asbestos abatement entity;

b. Start and completion dates of removal;

c. Description of inspection conducted, including date, type, and name of the person or entity who performed the inspection;

d. Name of the asbestos abatement supervisor and certification number;

e. Description of activity including location, amounts, and type of ACM removed; and

f. Name of the person or entity who provided a clearance determination and dates when clearance determinations were done.

(h) The owner or operator shall submit quarterly reports required by (g) within 30 days of the end of each quarter.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

Part Env-A 1807 Work Practice Requirements for Minor Asbestos Abatement

N.H. Code Admin. R. Ann. Env-A 1807.01 Minor Asbestos Abatement Work Practices {#sec-env-a-1807.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1807.01}

(a) The owner or operator shall ensure that any person involved in minor asbestos abatement shall be certified in accordance with Env-A 1815 and Env-A 1816.

(b) Any person involved in minor asbestos abatement shall be certified in accordance with Env-A 1815 and Env-A 1816, unless exempt under the provisions of Env-A 1815.02.

(1) Prevent the release of asbestos fibers into the ambient air; and

(2) Implement the following, minimum work practices and engineering controls:

a. Install barriers such as glovebags to assure that fibers released during abatement activities are contained within the work area;

b. Use HEPA vacuum equipment and wet cleaning techniques to clean up the work area following abatement until no visible residue is observed; and

c. Follow the removal, disposal, and waste shipment requirements specified in Env-A 1812.01 through 1812.03.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1808 General Work Practice Requirements for Major Asbestos Abatement

N.H. Code Admin. R. Ann. Env-A 1808.01 Requirements for All Major Asbestos Abatement {#sec-env-a-1808.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.01}

Except as provided in Env-A 1810.01, each owner or operator of a facility at which any type of major asbestos abatement is or may be undertaken shall ensure compliance with this part and part Env-A 1812.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1808.02 Asbestos Abatement Entity and Personnel {#sec-env-a-1808.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.02}

(a) The owner or operator shall ensure that the asbestos abatement entity and personnel involved in a major asbestos abatement are licensed and certified, respectively, in accordance with Env-A 1815 and Env-A 1816.

(b) Prior to performing any of the activities described in Env-A 1808.03 through 1808.05, any asbestos abatement entity or personnel involved in major asbestos abatement shall be licensed or certified pursuant to Env-A 1815 and Env-A 1816.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1808.03 Site Preparation {#sec-env-a-1808.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.03}

(a) Prior to the start of the abatement, the owner or operator shall prepare each work area as follows:

(1) Post telephone numbers of the nearest emergency facilities in a location that is visible from the work area;

(2) Ensure that all heating, ventilation, and air conditioning (HVAC) systems in or passing through the work area are turned off, and take other measures, such as taping over on/off switches, to prevent accidental start-ups of the HVAC system;

(3) Isolate contaminated areas from uncontaminated areas with air-tight barriers over all openings between the work area and uncontaminated areas, including but not limited to windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers, and skylights, but excluding the decontamination enclosure system doorways, using sheeting having a minimum thickness of 6 mil;

(4) Post warning signs, as specified in 29 CFR 1910.1001(j)(4), at all entrances to the work area;

(5) For movable objects in the work area:

a. Remove all uncontaminated objects;

b. For all contaminated objects:

i. Decontaminate the object; or

ii. Prepare the object for disposal as asbestos waste prior to removal from the work area; and

c. Remove objects specified in b. from the work area;

(6) For non-movable objects in the work area:

a. Decontaminate all contaminated objects; and

b. Cover with sheeting having a minimum thickness of 4 mil secured in place; and

(7) Except as provided in (b), below, completely cover all uncontaminated floors, walls, ceiling surfaces and HVAC system components in the work area with sheeting as follows:

a. Size and install so as to minimize seams;

b. Do not locate sheeting seams at any floor/wall, wall/wall or ceiling/wall corners;

c. Cover the floor with a minimum of 2 layers of at least 6 mil sheeting and extend the sheeting at least 12 inches up each wall;

d. Cover the walls with a minimum of one layer of at least 6 mil sheeting and extend the sheeting at least 12 inches across the floor;

e. Cover the ceiling with a minimum of one layer of at least 6 mil sheeting and extend the sheeting at least 12 inches down each wall; and

f. Cover all intake and exhaust openings and any seams in all HVAC system components with a minimum of 2 layers of at least 6 mil or thicker sheeting or with tape.

(b) For vinyl asbestos floor tile or vinyl asbestos floor sheeting that has mastic or felt backing, protective sheeting shall be used as follows:

(1) Ceiling sheeting as specified in (a)(7)e. shall not be required; and

(2) Wall sheeting as specified in (a)(7)d. shall be 4 mil or thicker and cover the bottom 4 feet of each wall.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1808.04 Work Area Ventilation {#sec-env-a-1808.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.04}

(a) Prior to the disturbance of asbestos, the owner or operator shall establish proper work area ventilation as required by (b) through (e), below, in the containment area established pursuant to Env-A 1808.03(a)(3).

(b) The work area shall be served by a sufficient number of negative pressure ventilation units with HEPA filtration to provide one containment area air change every 15 minutes.

(c) The unit(s) shall be operated to maintain a minimum static pressure differential of 0.02 inches of water from the time that barrier construction is completed through the time acceptable final clean air monitoring results are obtained.

(d) The negative pressure ventilation units shall exhaust filtered air to the outside of the facility wherever practical.

(e) If exhausted to interior spaces, the exhaust shall be monitored for fiber release by:

(1) Using a continuous, direct reading instrument equipped with a data recorder located at the exhaust to record the concentration of fibers in the air being measured; or

(2) Taking daily air samples at the exhaust and having them analyzed to determine fiber concentration in the known volume of air that was sampled using one of the techniques specified in Env-A 1813.03, as expeditiously as practical but no more than 24 hours after sampling.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1808.05 Worker Decontamination {#sec-env-a-1808.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.05}

(a) Prior to the disturbance of asbestos, the owner or operator shall establish proper worker decontamination as required by (b) through (i), below, in the containment area established pursuant to Env-A 1808.03(a)(3).

(b) Each asbestos abatement site shall have a 3-stage worker decontamination enclosure system contiguous to the work area.

(c) The worker decontamination enclosure systems shall consist of a clean room, shower room, and equipment room, separated from each other by doorways with at least 2 overlapping sheets.

(d) The shower room shall have running water that is at least 85º F or can be mixed at the tap to achieve 85º F.

(e) Shower room waste water shall be collected and disposed of as asbestos waste or filtered through a 5 micron filter.

(f) Except for the doorways, the worker decontamination enclosure system shall be airtight.

(g) All personnel entrances to and exits from the work area shall be through the decontamination enclosure system.

(h) Each worker exiting from the work area shall thoroughly shower so as to remove all asbestos fibers before entering the clean room.

(i) No asbestos-contaminated individual or item shall enter the clean room.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1808.06 Clearance Testing {#sec-env-a-1808.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1808.06}

(a) At the completion of an asbestos abatement, or phase of that abatement, but prior to dismantling the containment and decontamination system, the owner or operator shall obtain the services of an independent industrial hygienist to conduct clearance air sampling.

(b) Prior to clearance sampling, the independent industrial hygienist shall conduct a thorough visual inspection of the work area for the presence of visible residue.

(c) If visible residue is found by the independent industrial hygienist, the owner or operator shall continue cleaning the work area as specified in Env-A 1812.01(f).

(d) After determining that no visible residue remains in the work area, the independent industrial hygienist shall take sufficient volumes of air for clearance sampling to accurately determine, to a 95 percent probability, fiber concentrations to 0.010 fibers/cubic centimeter (f/cc) of air.

(e) The independent industrial hygienist shall conduct clearance air sampling no sooner than the earlier of 6 hours from the time the cleanup procedures of wet wiping and HEPA vacuuming are completed, or such time as all surfaces in the work area have dried. If all work area surfaces are dry at the completion of the cleanup procedures, no waiting period shall be required prior to beginning air sampling.

(f) The independent industrial hygienist shall use aggressive sampling:

(1) To ensure that any fibers deposited on surfaces within the work area are included in the sample;

(2) For all clearance sampling in schools and school buildings; and

(3) In all areas where uncontaminated wall, ceiling, and floor surfaces in the work area are covered with sheeting.

(g) The owner or operator shall ensure that the asbestos abatement entity does not dismantle the containment and worker decontamination system until clearance air sampling demonstrates the presence of no more than 0.010 fibers of length greater than 5 microns per cubic centimeter of air as determined by the following:

(1) Except as provided in (2), below, phase contrast optical microscopy, performed as described in “Asbestos and Other Fibers by PCM: Method 7400, Issue 3”, National Institute of Occupational Safety and Health (NIOSH) Manual of Analytical Methods (NMAM), 5th Edition, June 14, 2019, available as noted in Appendix B; and

(2) For projects at schools subject to AHERA, transmission electron microscopy (TEM) performed as stated in 40 CFR 763, subpart E, appendix A: “Mandatory and Non-mandatory” or as defined and accepted by the National Institute of Standards and Technology (NIST) for TEM accreditation.

(h) The industrial hygienist shall submit copies of the clearance air sampling results to the owner or operator, and the department, by mail, hand delivery, or electronic means, within 30 days of the date of the clearance air sampling.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1809 Specific Work Practice Requirements for Demolition, Enclosure and Encapsulation

N.H. Code Admin. R. Ann. Env-A 1809.01 Specific Requirements for Demolition {#sec-env-a-1809.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1809.01}

(a) Except as provided in Env-A 1804.01(e) and 40 CFR 61.145(c)(1)(iii), prior to any demolition, including by intentional burning, of a structure or portion of a structure, the owner or operator shall remove all ACM in accordance with the applicable provisions of this chapter, subject to (b) below and part Env-A 1812.

(b) If a major asbestos abatement is performed as part of a demolition, then the owner or operator shall not dismantle the containment and worker decontamination system until clearance air sampling demonstrates the presence of no more than 0.10 fibers of length greater than 5 microns per cubic centimeter of air as determined by the following:

(1) Except as provided in (2), below, phase contrast optical microscopy, performed as described in “Asbestos and Other Fibers by PCM: Method 7400, Issue 3”, NIOSH NMAM, 5th Edition, June 14, 2019, available as noted in Appendix B; and

(2) For projects at schools subject to AHERA, TEM performed as stated in 40 CFR 763, subpart E, appendix A: “Mandatory and Non-mandatory” or as defined and accepted by the NIST for TEM accreditation.

(c) If a structure is being moved intact from one location to another, the owner or operator shall not be required to remove ACM prior to moving the structure if the ACM in the structure will not be disturbed and meets the requirements in 40 CFR 61.145(c)(1)(i) and (c)(1)(iv).

(d) For an ordered demolition, pursuant to Env-A 1804.01(e), the owner or operator shall:

(1) Prevent the release of asbestos fibers by adequately wetting ACM with amended water and maintaining ACM wet during demolition;

(2) Handle all debris in accordance with Env-A 1812.02(a), (b) and (d); and

(3) Submit a waste shipment record in accordance with Env-A 1812.03.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1809.02 Specific Requirements for Enclosure of RACM {#sec-env-a-1809.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1809.02}

When an owner or operator chooses to abate RACM via enclosure, the owner or operator shall comply with the requirements of Env-A 1808 and the following:

(a) Ensure that enclosures are airtight and of permanent construction, such that the area being enclosed is inaccessible;

(b) Prior to commencing work, wet all RACM that has the potential to be disturbed during the installation of hangers, brackets, or other portions of the enclosure; and

(c) Designate enclosures for RACM by posting permanent signs, labels, color coding, or some other readily visible mechanism on the enclosure to warn individuals who may be required to disturb the enclosure.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1809.03 Specific Requirements for Encapsulation of RACM {#sec-env-a-1809.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1809.03}

When an owner or operator chooses to abate RACM via encapsulation, the owner or operator shall comply with the requirements of Env-A 1808 and the following:

(a) Ensure that filler material applied to gaps in existing material contains no asbestos, adheres well to the substrate, and provides a suitable base for the encapsulant;

(b) Apply encapsulants using only low pressure airless spray equipment with nozzle pressure and tip size set according to the manufacturer’s recommendations; and

(c) Specifically designate encapsulated RACM by placing permanent signs, labels, color coding, or some other readily visible mechanism on the encapsulated RACM to warn individuals who may in the future be required to disturb the material.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1810 Alternative Work Practice Requirements for Specific Acm

N.H. Code Admin. R. Ann. Env-A 1810.01 Applicability {#sec-env-a-1810.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1810.01}

(a) The owner or operator of a facility who removes asbestos roofing materials, asbestos siding, and other preformed cementitious asbestos materials shall comply with this Part.

(b) If the conditions specified in this Part are not met, then the owner or operator shall be subject to the requirements of Env-A 1808.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1810.02 Asbestos-Containing Asphalt Roofing Materials {#sec-env-a-1810.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1810.02}

(a) The owner or operator who removes non-friable asbestos-containing asphalt roofing material from a roof and does not sand, saw, grind, abrade, or otherwise treat the roofing material in a manner that might create a fine dust or particles, shall comply with the following:

(1) The surrounding ground shall first be protected with poly drop cloths such that no roofing material can come into contact with the ground; and

(2) All roofing material waste shall be removed, packaged, labeled, and disposed of as specified in Env-A 1812.01(b), Env-A 1812.01(c), Env-A 1812.01(g), Env-A 1812.02 and Env-A 1812.03.

(b) The owner or operator performing major asbestos abatement of asbestos roofing material who removes RACM from a roof, shall comply with following:

(1) The asbestos abatement entity and workers shall be licensed and certified in accordance with Env-A 1815 and Env-A 1816;

(2) All roofing material waste shall be removed, packaged, labeled, and disposed of as specified in Env-A 1812.01(b), Env-A 1812.01(c), Env-A 1812.01(g), Env-A 1812.02 and Env-A 1812.03;

(3) A HEPA-filtered tool shall be used to prevent generation of visible emissions;

(4) Water shall be applied at the point of abrasion with a hose or an airless sprayer and in sufficient volume so that no visible emissions result from the operation other than water spray;

(5) All site preparation requirements specified in Env-A 1808.03(a); and

(6) All worker decontamination requirements specified in Env-A 1808.05.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1810.03 Asbestos-Containing Cementitious Roofing or Siding Materials {#sec-env-a-1810.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1810.03}

The owner or operator who removes cementitious ACM from the side or roof of a building and does not sand, saw, grind, abrade, or otherwise treat the ACM in a manner that might create a fine dust or particles, shall comply with the following:

(a) The asbestos abatement entity and workers shall be licensed and certified in accordance with Env-A 1815 and Env-A 1816;

(b) The surrounding ground shall first be protected with poly drop cloths such that no ACM can come into contact with the ground;

(d) Cementitious ACM shall be carefully lowered to the ground, not dropped, thrown, or slid;

(e) All ACM waste shall be removed, packaged, labelled, and disposed of in accordance with Env-A 1812.01(b), Env-A 1812.01(c), Env-A 1812.01(g), Env-A 1812.02 and Env-A 1812.03; and

(f) All site preparation requirements specified in Env-A 1808.03(a) shall be completed.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1811 Work Practice Requirements for Glovebags and Other Alternative Procedures

N.H. Code Admin. R. Ann. Env-A 1811.01 Glovebags {#sec-env-a-1811.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1811.01}

(a) The owner or operator shall use glovebags only in accordance with the provisions of this section, Env-A 1808.03(a)(1) through (a)(5) and Env-A 1808.05.

(b) The owner or operator shall use glovebags only under such conditions that their use will not threaten any release of fibers at locations outside of the glovebag, including placing a single layer of 6 mil sheeting under the glovebag.

(c) The owner or operator shall use glovebag procedures to conform with the requirements of 29 CFR 1926.1101(g)(5)(ii)(B)(1) through (9), July 1, 2023.

(d) Following completion of a glovebag procedure or series of glovebag procedures in a contiguous area during major asbestos abatement, the owner or operator shall ensure that clearance inspection and air sampling are conducted in accordance with Env-A 1808.06.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1811.02 Other Alternative Procedures {#sec-env-a-1811.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1811.02}

(a) The owner or operator shall submit any request for an alternative procedure to an asbestos abatement requirement specified in Env-A 1807 through Env-A 1810, Env-A 1811, Env-A 1812.01 and Env-A 1812.02 as follows:

(1) Complete a request for a waiver containing the information required in Env-A 1820.03(a)(1) through Env-A 1820.03(a)(7);

(2) Submit the request as follows:

a. If the requirement is specified in 40 CFR 61.145, then submit to both EPA Region I and the department; and

b. If the requirement is not specified in 40 CFR 61.145, then submit only to the department; and

(3) Follow the requirements in (c) and (e), below.

(b) The department shall not approve an alternative procedure for control of emissions from an asbestos abatement activity unless:

(1) The EPA approves the request in writing or notifies the department in writing that the requested procedure does not need to be approved by the EPA; and

(2) The criteria specified in (d), below, are met.

(c) After obtaining a written approval or waiver from the EPA and at least 10 days in advance of the proposed starting date for an alternative abatement procedure, the owner or operator shall submit the following to the department to use the alternative procedure:

(1) The notification form as specified in Env-A 1806.02 and the fee as specified in Env-A 1806.08;

(2) Attach such additional information as is necessary to identify the unique aspects of the asbestos abatement that led to the request; and

(3) Attach a detailed explanation of how the alternative procedure will be used.

(d) The department shall approve the alternative procedure if:

(1) The alternative procedure provides an equivalent or greater measure of control of asbestos fiber release than the procedure required by these rules; or

(2) Using the alternative procedure creates an equivalent or lower potential hazard to life, health, and property than using the procedures required by these rules.

(e) No work using an alternative procedure shall begin without the written approval or abstention of EPA Region I, for requests pursuant to (a)(2)a., and the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1812 Acm Removal and Disposal Requirements

N.H. Code Admin. R. Ann. Env-A 1812.01 ACM Removal Procedures {#sec-env-a-1812.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1812.01}

(a) Except for an ordered demolition, as provided in Env-A 1809.01(d), the procedures specified in this section shall apply to all removal of ACM.

(b) The owner or operator shall take the following actions to prevent the release of fibers until properly packaged in accordance with Env-A 1812.02(a):

(1) Adequately wet all ACM with amended water before removal; and

(2) Maintain the ACM wet during and after removal.

(d) The owner or operator shall remove structural members not previously stripped of ACM as follows:

(1) Intact or in large sections whenever possible; and

(2) By carefully lowering, not dropping, throwing, or sliding, them to the floor.

(e) The owner or operator shall remove ACM that is not associated with structural members in small sections and by not allowing the ACM to accumulate on the floor.

(f) Following removal, the owner or operator shall perform cleanup procedures using repeated HEPA vacuuming and wet cleaning techniques until no visible residue is observed in the work area.

(g) Pursuant to 40 CFR 61.145(c)(7), if the temperature at the point of wetting is below 0 degrees Celsius or 32 degrees Fahrenheit, then the owner or operator may suspend wetting and keep records as specified in Env-A 1805.02(a).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1812.02 ACM Disposal Procedures {#sec-env-a-1812.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1812.02}

(a) Prior to removing ACM from containment or from the facility location, if an ordered demolition, the owner or operator shall package ACM in accordance with Env-Sw 901.06 and as follows:

(1) For all loose ACM take the following actions to prevent the release of fibers:

a. Adequately wet the ACM with amended water;

b. Place the ACM into leak-tight containers or double impermeable bags of at least 6 mil thickness each; and

c. Seal the containers or bags with tape, as applicable;

(2) Wrap large components or structural members that were removed intact leak-tight in 2 layers of 6 mil sheeting and seal the sheeting with tape; and

(3) Line the containers, into which bulk unwrapped asbestos waste is placed, with at least 20 mil of sheeting.

(b) After completing abatement work or an ordered demolition, the owner or operator shall:

(1) Properly label packaged ACM prior to delivering ACM to a permitted disposal facility or having the ACM picked up for disposal by a transporter, label ACM in accordance with Env-Sw 901.06, and as specified in (2) and (3), below;

(2) As specified in 40 CFR 61.150(a)(1)(iv), label the containers or wrapped materials using warning labels, as follows:

a. Printed in letters of sufficient size and contrast so as to be readily visible and legible; and

b. As specified in 29 CFR 1910.1001(j)(5) or 1926.1101(k)(8); and

(3) For asbestos-containing waste material to be delivered to a permitted disposal facility, label containers or wrapped materials with the name of the generator and location at which the waste was generated.

(c) Except as provided in (e), below, the owner or operator shall remove packaged ACM, from the work site as soon as practicable, but in no event longer than 30 days, following the completion of the abatement work, in accordance with the following removal procedures:

(1) By either:

a. Delivering the ACM to a permitted disposal facility; or

b. By having the ACM picked up for disposal by a transporter; and

(2) By submitting an “Asbestos Transport for Disposal Notification” form, as specified in Env-A 1806.06; and

(d) The owner or operator shall transport and dispose of the ACM, as specified in 40 CFR 61.150, specifically including 40 CFR 61.150(d), as referenced in Env-A 1801.04 and Env-Sw 901.04.

(e) The owner or operator of asbestos abatement conducted under an annual notification filed pursuant to Env-A 1806.09 shall be exempt from the time limit specified in (c), above, provided the owner or operator:

(1) Manages the ACM, in accordance with Env-Sw 901;

(2) Removes the ACM from the facility, no later than 30 days after facility closure, in accordance with the following removal procedures:

a. By delivering the ACM to a permitted disposal facility; or

b. By having the ACM picked up for disposal by a transporter; and

(3) If a subsequent annual notification is not submitted, then remove packaged ACM from the worksite by January 31 of the following year.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1812.03 Waste Shipment Record {#sec-env-a-1812.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1812.03}

(a) Within 30 days after delivery of ACM to a permitted disposal facility or the ACM is picked up for disposal by a transporter, the owner or operator shall submit a copy of the waste shipment record to the department by mail, hand delivery, or electronic means.

(b) If the ACM is picked up for disposal by a transporter, the owner or operator shall submit to the department by mail, hand delivery, or electronic means:

(1) A copy of the waste shipment record signed by a representative of the permitted disposal facility; or

(2) A statement that the waste shipment record signed by a representative of the permitted disposal facility has not been received.

(1) Within 35 days of the date the ACM was accepted by the initial transporter, contact the transporter or the permitted disposal facility to determine the status of the waste shipment; and

(2) Within 10 business days of contacting the permitted disposal facility or transporter, submit a written report to the department, including the following information:

a. A copy of the waste shipment record for which a confirmation of delivery was not received; and

b. A cover letter signed by the owner or operator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

(d) The waste shipment record shall include the following information:

(1) Name, mailing address, and telephone number of the owner or operator;

(2) Physical address where the ACM was generated;

(3) Name and address of the state office responsible for administering the asbestos NESHAP program;

(4) Number of containers used to transport the ACM;

(5) Approximate quantity of each type of ACM in cubic meters or cubic yards;

(6) Name and telephone number of the permitted disposal facility representative;

(7) Name and physical site location of the permitted disposal facility;

(8) Date of transport;

(9) Name, address, and telephone number of transporter(s); and

(10) A certification by each transporter of the contents of this consignment as follows:

a. They are fully and accurately described by proper shipping name;

a. They are classified, packaged, marked, and labeled; and

b. They are in all respects in proper condition for transport by highway, according to applicable international and government regulations; and

(11) A certification of receipt of the ACM covered by the waste shipment record by the permitted disposal facility representative.

(e) If the owner or operator delivers the ACM, the owner or operator shall provide a copy of the waste shipment record to the permitted disposal facility at the same time as delivery.

(f) The owner or operator shall retain a copy of all waste shipment records for at least 5 years from the date received at the permitted disposal facility.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1813 Asbestos Analytical Requirements

N.H. Code Admin. R. Ann. Env-A 1813.01 Applicability {#sec-env-a-1813.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1813.01}

This part shall apply to the analysis of all asbestos samples.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1813.02 Analytical Proficiency {#sec-env-a-1813.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1813.02}

The following criteria shall apply to the analysis of asbestos:

(a) For air sampling proficiency standards, the laboratory analysis of air samples shall be performed by the following:

(1) A laboratory presently accredited for asbestos analysis by the American Industrial Hygiene Association (AIHA);

(2) An analyst presently listed in the AIHA Asbestos Analysis Registry; or

(3) An individual who has successfully completed the NIOSH Course #582 “Sampling and Evaluating Airborne Asbestos” and whose laboratory presently shows evidence of a proficient rating in the AIHA Proficiency Analytical Testing Program (PAT Program);

(b) For bulk sampling proficiency standards, the laboratory shall show evidence of a current proficiency rating in the National Volunteer Laboratory Accreditation Program (NVLAP), such as being listed in the most recent copy of the Federal Register containing the EPA’s Accredited Laboratories AHERA list for Accredited Polarized Light Microscopy Laboratories; and

(c) The analysis of bulk samples shall be performed by, or under the supervision of, an analyst who has successfully completed an approved course of training in the techniques and procedures for identification of asbestos in bulk samples such as the McCrone Institute Bulk Analysis course.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1813.03 Analytical Techniques {#sec-env-a-1813.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1813.03}

(a) Clearance air samples shall be submitted for analysis to a laboratory that uses phase contrast microscopy (PCM) for the analysis of air samples for asbestos content unless accredited by the NIST for TEM, in which case the laboratory may analyze air samples using TEM.

(b) Analytical procedures for PCM shall be in accordance with NIOSH Method 7400, Issue 3, entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 5th Edition, June 14, 2019, available as noted in Appendix B. Air volumes sampled shall be sufficient to accurately determine, to a 95 percent probability, fiber concentrations of 0.01 fibers/cubic centimeters of air (f/cc).

(c) Analytical procedures for TEM shall be as stated in 40 CFR Part 763, subpart E, appendix A: “Mandatory and Non-Mandatory” or as defined and accepted by the NIST for TEM accreditation.

(d) Analytical procedures for PLM shall be as stated in 40 CFR Part 763, subpart E, appendix E: “Interim Method of the Determination of Asbestos in Bulk Insulation Samples” or as defined and accepted by the NIST for PLM accreditation.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1814 Approval of Asbestos Training Providers and Courses; Obligations of Training Providers

N.H. Code Admin. R. Ann. Env-A 1814.01 Training Approval {#sec-env-a-1814.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.01}

(a) Prior to any training activity, a training provider offering training courses, in accordance with the model accreditation plan (MAP), described in 40 CFR 763, Subpart E, Appendix C, that are intended to fulfill licensure and certification requirements for asbestos abatement and school asbestos planning, shall:

(1) Provide notification pursuant to (b), below, of an accredited training course to be held in New Hampshire, at least 10 working days prior to offering the accredited training course; or

(2) Submit an application to the department, pursuant to Env-A 1814.02 and Env-A 1814.04, to be able to offer an approved training course.

(b) Prior to offering an accredited training course in New Hampshire, the training provider shall complete and submit to the department by mail, hand delivery, or electronic means, on or attached to the “Accredited Training Course Notification”, form NHDES-A-01-025, dated August 22, 2024, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-025 or via the department’s website at www.des.nh.gov, the following information:

(1) Name, mailing address, telephone number, telephone type, fax number and email address of the training provider;

(2) Name(s) of the specific course(s);

(3) Date and time that the course(s) will be held;

(4) Location where the courses will be held;

(5) Whether the course(s) are intended for initial certification or as a refresher;

(6) Name of the state or federal agency that approved the course(s);

(7) A copy of all approval(s) given by state and federal agencies to the training provider for the accredited training course: and

(8) A certification by a responsible person that:

a. The applicant has read and understands the New Hampshire asbestos management and control rules, Env-A 1800;

b. The notification is prepared in conformity with Env-A 1800; and

c. All information contained on the form, including any supplements attached thereto, is true, complete, and not misleading to the best of the applicant’s knowledge and belief.

(c) A training provider offering an accredited training course in New Hampshire shall allow a representative of the department to audit courses and review examinations without cost to the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.02 Request for Approval of Training Course {#sec-env-a-1814.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.02}

(a) A training provider seeking approval of one or more training course(s) shall complete and submit to the department by mail, hand delivery, or electronic means, on or attached to the “Approval of Asbestos Training Provider and Courses”, form NHDES-A-01-026, dated August 22, 2024, and located at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-026 or via the department’s website at www.des.nh.gov, the following for each proposed course:

(1) The name(s) of the specific course(s) for which approval is sought;

(2) Whether the course(s) is intended for initial certification or as a refresher;

(3) An outline of each course as follows:

a. The topics to be covered;

b. Amount of time to be given to each topic;

c. Name(s) of the instructor(s) for each topic; and

d. Name of the individual(s) responsible for developing the instructional program for each topic;

(4) A copy of the instruction manual for each course and all printed material to be provided to the student(s) for each course;

(5) A description of the teaching methods to be employed, including a description of any audio-visual aids to be used;

(6) A description of the hands-on training to be provided and facility to be used, including the following:

a. Protocol for instruction;

b. Number of students to be accommodated; and

c. The number of instructors;

(7) A description of the equipment that will be used in both classroom lectures and in hands-on training;

(8) A list of the name and qualifications of each individual who will provide the training for each course, including education, training and experience;

(9) An example of the written examination to be given in each course;

(10) A copy of the certificate of completion to be given to successful course participants for each course; and

(11) Any additional information that may be needed to demonstrate that the proposed course will meet the criteria for approval specified in Env-A 1814.03.

(12) A statement signed by a responsible person certifying that:

a. The applicant has read, and understands, the New Hampshire asbestos management rules;

b. The application was prepared in conformity with the rules for asbestos control; and

c. All information contained in the application, including any supplements attached, is true, correct, and not misleading to the best of the applicant’s knowledge and belief.

(b) For each training certificate, the training provider shall include the following minimum information on the certificate:

(1) A unique certificate number;

(2) Name of the person who received the training;

(3) Discipline of the training course completed;

(4) Date(s) and location of the training course;

(5) Date of the examination;

(6) An expiration date of one year after the date upon which the person successfully completed the course and examination;

(7) The name, address, and telephone number of the training provider that issued the certificate; and

(8) A statement that the person receiving the certificate has successfully completed the requisite training for asbestos accreditation under TSCA Title II (the MAP.)

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.03 Criteria for Approval of Training Courses {#sec-env-a-1814.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.03}

The department shall approve a training course for which an application is submitted pursuant to Env-A 1814.02 or Env-A 1814.08(b) if the following criteria are met:

(a) The training course will be offered by an approved training provider pursuant to Env-A 1814.04 and Env-A 1814.08;

(b) For a training course required for certification, the course is specific to the discipline and meets the requirements for that discipline as set forth in the MAP;

(c) The topic or subject of instruction will be presented through a combination of lectures, demonstrations, and field trips or hands-on practice;

(d) For a course requiring hands-on training, the course will:

(1) Be presented in an environment suitable to permit participants to have actual experience performing tasks associated with asbestos abatement;

(2) Not be replaced by demonstrations not involving individual student participation; and

(3) Maintain a student to instructor ratio of not greater than 10 to one;

(e) The training course will meet the following time restrictions:

(1) The total hours required by AHERA shall be completed within a 2-week time frame;

(2) Attendees shall not be required to attend more than 8 hours of actual training in a single 24-hour period; and

(3) Evening instruction shall not exceed a maximum of 4 hours in any single session;

(f) For an asbestos training course outlined in the MAP, no fewer than 2 qualified instructors will provide the training, except that one instructor may conduct courses for asbestos abatement workers provided that the instructor is both field-experienced and qualified;

(g) For a training course for asbestos abatement workers, asbestos abatement supervisors, asbestos inspectors, asbestos management planners, or asbestos abatement project designers, the course will meet those requirements specific to each discipline as set forth in the MAP;

(h) Successful completion of a course for asbestos abatement workers, asbestos inspectors, and asbestos management planners will be demonstrated by achieving a score of at least 70 percent on a written examination consisting of 50 multiple choice questions;

(i) Successful completion of a course for asbestos abatement supervisors and asbestos abatement project designers will be demonstrated by achieving a score of at least 70 percent on a written examination consisting of 100 multiple choice questions;

(j) If the proposed course is a refresher training course, the course will:

(1) Meet the applicable requirements as set forth in the MAP;

(2) Be specific to only one AHERA discipline; and

(3) Require successful completion of the course to be demonstrated by achieving a score of at least 70 percent on a written examination consisting of 25 multiple choice questions; and

(k) The instructor for a training course is qualified based on their education, training, and experience to teach the course.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.04 Request for Approval of Training Providers {#sec-env-a-1814.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.04}

Any person who wishes to obtain department approval as a training provider shall complete and submit to the department by mail, hand delivery, or electronic means, on, or as an attachment to, the “Approval of Asbestos Training Provider and Courses” form specified in Env-A 1814.02(a), the following:

(a) The name, physical address, mailing address, email address, fax number, telephone type, and telephone number of the applicant and all alternative or previous names under which the applicant conducts or intends to conduct training;

(b) Whether the application is new or a renewal of an approval;

(c) Whether the applicant is licensed, certified, or permitted by the EPA or any state other than New Hampshire, to provide training for one or more asbestos training courses;

(d) If applicable, attach a copy of each written approval from the EPA and each state agency that has licensed, certified, or given other forms of approval to the applicant to provide asbestos training courses, including the name, mailing address, and telephone number of a contact person at the EPA or the state agency giving such approval;

(e) Whether any state or federal agency has taken any of the following with regard to environmental, health, or safety requirements against the applicant within the previous 10 years:

(1) Enforcement action; or

(2) Action related to training provider or training course approval, such as suspension, revocation, or denial;

(f) If applicable, attach a copy of each state or federal enforcement action or other action against the applicant including information as to whether or how the action was resolved, if not previously submitted to the department;

(g) If there are any unresolved or pending state or federal enforcement or approval actions against the applicant with regard to asbestos abatement training or work, an explanation of the circumstances surrounding the actions which demonstrates that the applicant can be expected to adhere to applicable requirements if approved as a training provider pursuant to this part;

(h) Any additional information that might be needed to demonstrate that the training provider meets the criteria specified in Env-A 1814.05;

(i) The name, title, mailing address, email address, telephone type, and telephone number of a contact for the applicant; and

(j) A statement signed by a responsible person certifying that:

(1) The applicant has read, and understands, the New Hampshire asbestos management and control rules, Env-A 1800;

(2) The application was prepared in conformity with Env-A 1800; and

(3) All information contained in the application, including any supplements attached, is true, complete, and not misleading to the best of the applicant’s knowledge and belief.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1814.05 Criteria for Approval of Training Providers {#sec-env-a-1814.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.05}

The department shall approve a training provider for which an application is submitted pursuant to Env-A 1814.04 or Env-A 1814.08(b) if all of the following criteria are met:

(a) All of the information required by Env-A 1814.04 or Env-A 1814.08(b), as applicable, has been submitted;

(b) The applicant has signed the certification required by Env-A 1814.04(i);

(c) If information is submitted in response to Env-A 1814.04(f) or Env-A 1814.08(b)(1), the department makes a determination that the applicant can be expected to adhere to applicable requirements if approved as a training provider pursuant to these rules; and

(d) The applicant issues or will issue a training certificate, as specified in Env-A 1814.02(b) to each student who successfully completes an initial or refresher course.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.06 Training Provider Responsibilities {#sec-env-a-1814.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.06}

Each training provider approved pursuant to Env-A 1814.07 shall:

(a) Comply with the recordkeeping requirements for training providers as set forth in the MAP;

(b) Retain records for a minimum of 5 years from the date that the course was taught, of the following:

(1) The title of each initial and refresher course taught;

(2) The date(s) on which the course was provided; and

(3) The name, address, and date of birth of each student who successfully completed the course;

(c) Notify the department in writing within 30 days following any change in course content, training aids used, facility used, or other matters that would alter the instruction from that described in the application. Minor changes in agenda, such as guest speakers, if otherwise qualified, and course schedule shall be exempt from this notification requirement;

(d) Distribute and use as part of the course content any information or training aids furnished by the department which reflect changes in federal regulations or state rules;

(e) Allow a representative of the department to audit courses and review examinations without cost to the department;

(f) Provide written notification to the department at least 10 working days prior to providing any asbestos approved training courses, including:

(1) Name of training provider;

(2) Course(s) to be given; and

(3) Location and date(s) of course(s);

(g) Make the records retained in accordance with (b), above, available to the department upon request; and

(h) Upon the request of the department after the conclusion of any approved training, submit a course roster to the department noting:

(1) Name and date(s) of the course; and

(2) The name, certificate number, and exam grade for each attendee.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.07 Training Provider and Training Course Application Processing and Issuance Criteria. {#sec-env-a-1814.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.07}

(a) The department shall review and process applications for training providers and training courses in accordance with RSA 541-A:29, Env-A 200, and Env-C 200, as applicable.

(b) Within 30 days of receipt of the application, the department shall notify the applicant of any errors or omissions and request any additional documentation from the applicant needed to complete an application submitted pursuant to Env-A 1814.02, Env-A 1814.04, or Env-A 1814.08(b).

(c) If the department obtains credible information indicating that a reason exists to suspend or revoke a training provider approval, as specified in Env-A 1814.09(h) below, while an application for training provider approval is pending, the department shall notify the training provider of the information and offer an opportunity for the training provider to respond to the information prior to a decision being made on the application.

(d) A training provider shall respond within 15 working days to the department’s notification in (b) or (c), above.

(e) The department shall approve the application if the application:

(1) Meets the criteria specified in Env-A 1814.03 and Env-A 1814.05; and

(2) If applicable, contains the information required by Env-A 1814.08(b).

(f) The department shall deny any application if:

(1) The application does not include the information required by Env-A 1814.02, Env-A 1814.04, or Env-A 1814.08(b);

(2) The applicant does not respond to the department’s request pursuant to (b) or (c), above; or

(3) The department determines that:

a. A reason exists to suspend or revoke a license or certification as specified in Env-A 1814.09(h); and

b. Either:

The applicant acted with intent to deceive; or
The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

(g) The department shall notify the applicant of its decision in writing. If the application is denied, the notice shall specify the reason(s) for denial and that the applicant has an opportunity to appeal as specified in (h), below.

(h) If the applicant wishes to appeal the decision, the applicant shall file such appeal following the procedures set forth in Env-A 1814.10.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.08 Duration and Renewal of Training Provider and Training Course Approvals {#sec-env-a-1814.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.08}

(a) Training provider and training course approval shall be effective for one year from the date of issuance as indicated on the written approval.

(b) If the training provider wishes to renew the approval, the training provider shall:

(1) Submit a completed application for renewal, on the “Application for Asbestos Training Provider and Courses” form specified in Env-A 1814.02(a), no later than 30 days prior to the expiration date of the current approval, including the information specified in Env-A 1814.02 and Env-A 1814.04;

(2) Attach any additional information and documentation required by this chapter, including a list of the type of asbestos training courses offered in the past year with the number of students that successfully completed the courses; and

(3) Apply for renewal no later than 3 years after the expiration date of the previous approval.

(c) The department shall not accept a renewal application from a previously approved training provider whose approval expired more than 3 years prior to the date of the renewal application, but shall inform the person that if approval is desired, a new application shall be submitted pursuant to Env-A 1814.02 and Env-A 1804.04.

(d) The department shall process a renewal application as specified in Env-A 1814.07.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.09 Suspension and Revocation of Approval for a Training Provider {#sec-env-a-1814.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.09}

(a) If the department obtains credible information indicating that one or more reasons to suspend or revoke a training provider approval as specified in (h), below, exists, the department shall notify the training provider in writing of:

(1) The department’s intended action;

(2) The reason(s) for the intended action; and

(3) The date by which the training provider shall file a written request for an adjudicative hearing if the training provider wishes to contest the proposed action, which date shall be 15 working days from the date of the department’s notice.

(b) If the department receives a written request for an adjudicative hearing in accordance with (a)(3), above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as applicable to adjudicative proceedings.

(c) If the department does not receive a written request for an adjudicative hearing in accordance with (a)(3), above, the approval shall be deemed suspended or revoked, as specified in the notice issued pursuant to (a), above, as of the 16th working day from the date of the department’s notice.

(d) The department shall suspend a training provider approval if the department determines that one or more reason(s), as specified in (h), below, to suspend or revoke a training provider approval exists but that:

(1) The training provider did not act with intent to deceive; and

(2) The deficiency(ies) can be corrected so as to conform to applicable requirements.

(e) If the department suspends a training provider approval, the department shall:

(1) Notify the training provider in writing of the specific deficiency(ies);

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and

(3) Inform the training provider in the written notice that if the deficiencies are not corrected within the specified time, the approval shall be revoked.

(f) The department shall revoke a training provider approval if the department determines that one or more reason(s), as specified in (h), below, to suspend or revoke a training provider approval exists and that:

(1) The training provider acted with intent to deceive; or

(2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

(g) If the department revokes a training provider approval, the department shall notify the training provider in writing of the revocation and the reason(s) therefor.

(h) The department shall suspend or revoke a training provider approval if the training provider:

(1) Is not conducting training that meets the requirements of Env-A 1814.02 or Env-A 1814.03;

(2) Has failed to comply with Env-A 1814.06;

(3) Misrepresents the extent of a training course’s approval by a state or the EPA;

(4) Falsified approval records, instructor qualifications, or other approval information;

(5) Submits materially false or fraudulent information on an application; or

(6) Meets any of the criteria specified in Env-C 209.02 or Env-C 209.03.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1814.10 Appeal {#sec-env-a-1814.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1814.10}

A training provider aggrieved by a department decision made pursuant to Env-A 1814.07, to deny an application, or Env‑A 1814.09, to revoke an approval, who wishes to appeal the decision shall appeal to the air resources council, within 30 days of the department’s decision, in accordance with RSA 21-O:14 and the rules adopted by that council, Ec-Air 200.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1815 Licensing and Certification for Asbestos Abatement and School Asbestos Planning

N.H. Code Admin. R. Ann. Env-A 1815.01 Applicability {#sec-env-a-1815.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.01}

(a) Pursuant to RSA 141-E:10 and RSA 141-E:11, the rules in this part shall apply to any asbestos abatement entity, employee, or individual that engages in any asbestos abatement or school asbestos planning activities.

(b) Pursuant to the AHERA regulations promulgated by the EPA, individuals who conduct asbestos inspections of schools, or provide services as an asbestos management planner or asbestos abatement project designer to schools, shall apply to the department for certification as either an asbestos inspector, asbestos management planner, or asbestos abatement project designer.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.02 Exemptions {#sec-env-a-1815.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.02}

(a) Any individual, other than a maintenance worker, who performs only minor asbestos abatement shall be exempt from the requirement to obtain an asbestos abatement entity license in accordance with Env-A 1816.01, provided that such individual:

(1) Has a current asbestos abatement supervisor or worker certification issued pursuant to Env-A 1816.02 or Env-A 1816.03; and

(2) Complies with Env-A 1812.01 through Env-A 1812.03.

(b) A maintenance worker who works in one or more buildings that contain ACM shall be exempt from licensing requirements for asbestos abatement entities and certification requirements for asbestos abatement supervisors and asbestos abatement workers provided that the maintenance worker:

(1) Receives 16 hours of initial training as described in 40 CFR 763.92(a)(1) and (2);

(2) Receives 4 hours of refresher training annually, which refresher courses shall include changes in federal and state regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course; and

(3) Performs only operations, maintenance, and repair activities that are small-scale and short-duration.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.03 Initial Application Procedures and Issuance Criteria {#sec-env-a-1815.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.03}

(a) An employee or individual seeking an initial certification or an asbestos abatement entity seeking an initial license for asbestos abatement or school asbestos planning shall submit a complete application to the department by mail, hand delivery, or electronic means including the following:

(1) The information specified in Env-A 1815.04 and Env-A 1816.01 through Env-A 1816.06, as applicable;

(2) The signature and certification required by Env-A 1815.06;

(3) If the applicant is an employee or individual, one clear, color photograph, taken within the last 5 years, of the applicant’s full face, meeting passport photograph requirements, including the name of the applicant;

(4) If the applicant is an employee or individual, a copy of each dated training certificate which shows the applicant’s training to be current and in accordance with Env-A 1815.13 at the time of application;

(5) If the applicant is an asbestos abatement entity, a copy of the training certificate held by each responsible person who fulfills the licensing requirement specified in Env-A 1816.01(c)(11); and

(6) The appropriate application fee as set forth in Env-A 1815.09.

(b) An applicant may submit a combination application for asbestos inspector, asbestos management planner, and asbestos abatement project designer, provided the applicant fulfills the application requirements for each discipline for which application is being made and applies for the certifications at the same time. Any applications received separately from the same applicant shall be treated as separate applications.

(c) The department shall review and process applications in accordance with RSA 541-A:29, Env-A 200 and Env-C 200, as applicable.

(d) Within 30 days of receipt of the application, the department shall notify the applicant of any errors or omissions and request any additional documentation from the applicant needed to complete an application submitted pursuant to (a), above.

(e) If the department obtains credible information indicating that a reason exists to suspend or revoke a license or certification as specified in Env-A 1815.10(g), while an application for a license or certification in pending, the department shall notify the applicant of the information and offer an opportunity for the applicant to respond to the information prior to a decision being made on the application.

(f) An applicant shall respond within 15 working days to the department’s notification in (d) or (e), above.

(g) The department shall approve an application and issue an initial license or certification for any of the individual disciplines specified in Env-A 1816.01 through Env-A 1816.06, provided the applicant meets the requirements specified in (a), above.

(h) The department shall deny an application if:

(1) The application does not include the information required by (a), above;

(2) The applicant does not respond to the department’s request pursuant to (d) or (e), above; or

(3) The department determines that:

a. A reason exists to suspend or revoke a license or certification as specified in Env-A 1815.10(g); and

b. Either:

The applicant acted with intent to deceive; or
The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

(i) The department shall notify the applicant of its decision in writing. If the application is denied, the notice shall specify the reason(s) for the denial and that the applicant has an opportunity to appeal as specified in (j), below.

(j) If the applicant wishes to appeal the decision, the applicant shall file such appeal following the procedures set forth in Env-A 1815.11.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.04 Information Required for All Applications {#sec-env-a-1815.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.04}

Each applicant shall supply the following information on or as an attachment to the application form specified in Env-A 1816.01 through Env-A 1816.06, as applicable:

(a) The name, mailing address, telephone number, telephone type, and email address of the applicant;

(b) Date of birth of the applicant, if an individual;

(c) If applicable, a list of alternate names, acronyms, or other identifiers by which the applicant is or has been known by, or uses, or has used, to conduct business or perform work;

(d) Whether the application is initial or renewal;

(e) Whether the applicant has been issued an asbestos-related license or certification for asbestos abatement work within the previous 5 years by any other state or federal agency;

(f) If applicable, a copy of each asbestos-related license or certification issued, unless previously submitted;

(g) Whether any state or federal agency has taken any of the following with regard to environmental, health, or safety requirements against the applicant within the previous 10 years;

(1) Enforcement action; or

(2) Action related to a license, certification, or application for a license or certification, such as suspension, revocation, or denial, against the applicant or its responsible persons; and

(h) If applicable, a copy of each state or federal enforcement action or action related to a license, certification, or application for a license or certification, such as suspension, revocation, or denial, and explanation of the status of such actions, unless previously submitted.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1815.05 Optional Information for Applications {#sec-env-a-1815.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.05}

(a) Any applicant for an asbestos abatement entity license under this part that has business liability insurance or is bonded, or both, for work done under the license may submit proof of such insurance or bond, or both, with the application.

(b) If proof of insurance or bond, or both, is submitted with the application and the application is approved, the department shall note that the licensee has represented that work done under the license is covered by insurance or a bond, or both, as applicable.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.06 Signature and Certification Required for Applications {#sec-env-a-1815.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.06}

(a) Pursuant to (b) below the applications shall be signed and dated by:

(1) The applicant; or

(2) A responsible person who fulfills the licensing requirement specified in Env-A 1816.01(c)(11).

(b) The signature of the applicant, or responsible person, shall constitute certification that:

(1) The applicant or responsible person has read, and understands, the New Hampshire asbestos management and control rules, Env-A 1800;

(2) The application has been prepared in conformity with Env-A 1800; and

(3) All information contained in the application, including any supplements attached, is true, complete, and not misleading to the best of the knowledge and belief of the signer.

(c) For an asbestos abatement entity application, each responsible person who fulfills the licensing requirement specified in Env-A 1816.01(c)(11), shall sign the application to acknowledge that the responsible person is aware that the application is being filed and that they are being listed as the responsible person involved with decisions regarding the license and related matters.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.07 Requests for Replacement License or Certification {#sec-env-a-1815.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.07}

(a) The department shall provide a replacement license or certification for a license or certification that has been lost, destroyed, or stolen, provided the license or certification holder submits a request to the department by mail, hand delivery, or electronic means, on the “Request for Replacement License or Certification” form NHDES-A-01-027 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-027 or via the department’s website at www.des.nh.gov, that is:

(1) Signed by the license or certification holder certifying that all information contained in the request is true, complete, and not misleading to the best of the knowledge and belief of the signer; and

(2) Accompanied by the appropriate application fee as set forth in Env-A 1815.09(b)(8).

(b) The license or certification holder shall include the following on or attached to the form required by (a), above:

(1) The type of license or certification to be replaced;

(2) The license or certification holder’s first name, middle initial, and last name;

(3) The license or certification holder’s date of birth;

(4) Number of the license or certification to be replaced;

(5) Mailing address to which the replacement license or certification will be mailed;

(6) The reason for the requested replacement, such as lost, destroyed, stolen, or other, with an explanation; and

(7) The license or certification holder’s signature, printed name, and date.

(c) If the license or certification holder finds a license or certification that has been replaced pursuant to (a), above, the license or certificate holder shall return the original license or certification to the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1815.08 Renewal Application Requirements and Issuance Criteria {#sec-env-a-1815.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.08}

(a) A license or certification holder shall submit to the department by mail, hand delivery, or electronic means, the following on or as an attachment to a form specified in Env-A 1816.01 through Env-A 1816.06, as applicable and include:

(1) All of the information required by Env-A 1815.03(a) and Env-A 1816.01 through Env-A 1816.06, as applicable to the license or certification for which application is being made;

(2) Documentation that annual refresher courses as required by Env-A 1815.13 are current at the time renewal is sought; and

(3) The appropriate application fee as set forth in Env-A 1815.09.

(b) The department shall review and process the application in accordance with RSA 541-A:29, Env-A 200, and Env-C 200, as applicable.

(c) Within 30 days of receipt of the application, the department shall notify the applicant of any errors or omissions and request any additional documentation from the applicant needed to complete an application submitted pursuant to (a), above.

(d) If the department obtains credible information indicating that a reason, as specified in Env-A 1815.10(g), exists to suspend or revoke a license or certification, while an application for a license or certification is pending, the department shall notify the applicant of the information and offer an opportunity for the applicant to respond to the information prior to a decision being made on the application.

(e) An applicant shall respond within 15 working days to the department’s notification in (c) or (d), above.

(f) The department shall approve an application for a license or certification for any of the individual disciplines described in Env-A 1816.01 through Env-A 1816.06, provided the applicant meets the requirements specified in (a), above.

(g) The department shall deny an application if:

(1) The application does not include the information required by (a), above;

(2) The applicant does not respond to the department’s request pursuant to (c) or (d), above; or

(3) The department determines that:

a. A reason exists to suspend or revoke a license or certification as specified in Env-A 1815.10(g); and

b. Either:

The applicant acted with intent to deceive; or
The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

(h) The department shall notify the applicant of its decision in writing. If the application is denied, the notice shall specify the reason(s) for the denial and that the applicant has an opportunity to appeal as specified in (i), below.

(i) If the applicant wishes to appeal the decision, the applicant shall file such appeal following the procedures set forth in Env-A 1815.11.

(j) Any person holding a license or certification that expired more than 3 years prior to the date an application is filed shall submit an initial application pursuant to Env-A 1815.03 in lieu of an application, pursuant to this section.

(k) An applicant may apply for a combination certification only if the application is for the same certifications the applicant originally received. An applicant requesting any changes in the certifications shall submit initial applications pursuant to Env-A 1815.03 in lieu of an application pursuant to this section.

(l) The license or certification holder shall submit an application as specified in (a), above, to the department, no more than 90 days prior to the expiration date of the current license or certification.

(m) The department shall not accept an application pursuant to this section received more than 90 days prior to the expiration date of the current license or certification.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.09 Application Fees {#sec-env-a-1815.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.09}

(a) A non-refundable application fee shall accompany each license or certification application.

(b) The non-refundable application fees for each category of license and certification shall be as follows:

(1) For an asbestos abatement entity:

a. An initial fee for each application as follows:

For applications submitted in calendar year 2026, $1,400; and
For applications submitted in calendar year 2027 and subsequent years, $2,000;

b. A renewal fee for each application as follows:

For applications submitted in calendar year 2026, $1,100; and
For applications submitted in calendar year 2027 and subsequent years, $1,500;

(2) For an asbestos abatement site supervisor, a fee for each application as follows:

a. For applications submitted in calendar year 2026, $300; and

b. For applications submitted in calendar year 2027 and subsequent years, $400;

(3) For an asbestos abatement worker, a fee for each application as follows:

a. For applications submitted in calendar year 2026, $75; and

b. For applications submitted in calendar year 2027 and subsequent years, $100;

(4) For an asbestos inspector, a fee for each application as follows:

a. For applications submitted in calendar year 2026, $300; and

b. For applications submitted in calendar year 2027 and subsequent years, $400;

(5) For an asbestos management planner, a fee for each application as follows:

a. For applications submitted in calendar year 2026, $300; and

b. For applications submitted in calendar year 2027 and subsequent years, $400;

(6) For an asbestos abatement project designer, a fee for each application as follows:

a. For applications submitted in calendar year 2026, $300; and

b. For applications submitted in calendar year 2027 and subsequent years, $400;

(7) For an application for a combination certification, as specified in Env-A 1815.03(b), a fee as follows:

a. For applications submitted in calendar year 2026, $300 for the first application and $75 for each additional application submitted at the same time; and

b. For applications submitted in in calendar year 2027 and subsequent years, $400 for the first application and $100 for each additional application submitted at the same time; and

(8) For replacement of a license or certification, no fee for the first replacement and a fee of $20 for each subsequent replacement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1815.10 License and Certification Suspension and Revocation {#sec-env-a-1815.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.10}

(a) If the department obtains credible information indicating that one or more reasons to suspend or revoke an asbestos abatement license or certification as specified in (g), below, exists, the department shall notify the holder of the license or certification in writing of:

(1) The department’s intended action;

(2) The reason(s) for the intended action;

(3) For a suspension, the items specified in (e), below: and

(4) The date by which the holder of the license or certification shall file a written request for an adjudicative hearing if the holder wishes to contest the proposed action, which date shall be 15 working days from the date of the department’s notice.

(b) If the department receives a written request for an adjudicative hearing in accordance with (a)(4), above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as applicable to adjudicative proceedings.

(c) If the department does not receive a written request for an adjudicative hearing in accordance with (a)(4), above, the license or certification shall be deemed suspended or revoked, as specified in the notice issued pursuant to (a), above, as of the 16th working day from the date of the department’s notice.

(d) The department shall suspend a license or certification if the department determines that one or more reason(s), as specified in (g), below, to suspend or revoke a license or certification exists but that:

(1) The license or certification holder did not act with intent to deceive; and

(2) The deficiency(ies) can be corrected so as to conform to applicable requirements.

(e) If the department suspends a license or certification, the department shall:

(1) Notify the license or certification holder in writing of the specific deficiency(ies);

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and

(3) Inform the license or certification holder in the written notice that if the deficiencies are not corrected within the specified time, the license or certification shall be revoked.

(f) The department shall revoke a license or certification if the department determines that one or more reason(s), as specified in (g), below, to suspend or revoke a license or certification exists and that:

(1) The license or certification holder acted with intent to deceive; or

(2) The deficiency(ies) cannot be corrected so as to conform to applicable requirements.

(g) The department shall suspend or revoke a license or certification if:

(1) The license holder or certification holder has a performance history including violations of any state or federal environmental, health, and safety requirements, as follows:

a. That relates to the type of work for which a license or certification is sought under this chapter; and

b. That causes the department to conclude that the license or certificate holder will not be able to comply with these rules or poses a threat to workers or the public;

(2) The license holder or certification holder has submitted materially false or fraudulent information on an application;

(3) The license holder or certification holder has failed to submit any required information or documentation with the application;

(4) The license holder or certification holder has demonstrated an inability to comply with any applicable federal or state requirement for asbestos abatement;

(5) The license or certification holder performs work requiring licensure or certification during asbestos abatement without having applied for and been issued the appropriate license or certification;

(6) The license or certification holder performs work pursuant to Env-A 1808 or Env-A 1810 requiring licensure or certification without being in physical possession of an initial and current license or certification;

(7) The license or certification holder allows for the duplication or use of the license or certification by another entity or person;

(8) The certification holder obtains training from a training provider that does not have approval to offer training for the applicable discipline from either the EPA or a state;

(9) The license or certification holder meets any of the criteria specified in Env-C 209.02 or Env-C 209.03;

(10) A license holder allows work to be performed pursuant to Env-A 1808 or Env-A 1810, by an employee or individual not having a current training certificate or not being in physical possession of a current training certificate;

(11) A certification holder performs work pursuant to Env-A 1808 or Env-A 1810 without having a current training certificate or without being in physical possession of a current training certificate; or

(12) A license holder fails to comply with Env-A 1816.01(a)(2) or any of the requirements of Env-A 1816.01(c).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.11 Appeal {#sec-env-a-1815.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.11}

An applicant, license holder, or certification holder aggrieved by a department decision made pursuant to Env-A 1815.03, to deny an initial application, Env-A 1815.08, to deny a renewal application, or Env-A 1815.10 to revoke a license or certification, who wishes to appeal the decision shall appeal to the air resources council, within 30 days of the department’s decision, in accordance with RSA 21-O:14 and the rules adopted by that council, Ec-Air 200.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.12 Expiration {#sec-env-a-1815.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.12}

Each license and certification issued under this chapter shall expire one year from the date of issuance, unless the license or certification is revoked prior to that date.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.13 Training Requirements {#sec-env-a-1815.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.13}

(a) Except as provided in Env-A 1815.14, the following individuals shall complete an initial accredited or approved training course for the applicable discipline prior to applying for certification:

(1) Individuals who have not previously completed an initial training course;

(2) Individuals holding a certification that has been suspended or revoked pursuant to this part, unless the suspension or revocation is overturned on appeal;

(3) Individuals trying to obtain a training certificate who have failed to obtain a score of 70 percent or greater on the required written examination, three consecutive times; and

(4) Individuals whose training certificate has been expired for more than 12 months.

(b) Individuals with a training certificate that has been expired for 12 months or less before the date an application is submitted pursuant to Env-A 1815.08, shall complete the annual refresher accredited or approved training course requirements for the applicable discipline prior to applying for certification.

(c) All initial and refresher training courses shall meet the requirements for the applicable discipline as set forth in the MAP.

(d) Each employee or individual to whom a certification has been issued pursuant to this part shall maintain a current training certificate while the certification is in effect.

(e) Each employee or individual performing work pursuant to Env-A 1808 or Env-A 1810, in New Hampshire, except as exempted under Env-A 1815.02, shall provide on-site, at a conspicuous location where site conditions do not require personal protective equipment be worn by those present, the certification issued by the department and the initial and current training certificates issued to that individual.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1815.14 Reciprocity {#sec-env-a-1815.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1815.14}

(a) In accordance with RSA 141-E:11, asbestos abatement supervisors, asbestos abatement workers, asbestos inspectors, asbestos management planners, and asbestos abatement project designers who have been granted certification by other states, or the EPA, shall be granted reciprocity as to the required training requirements specified in Env-A 1815.13 by the state of New Hampshire, provided the training requirements of said state(s) are effectively equivalent to the provisions of this part and Env-A 1816 for the individual discipline certification for which application is being made.

(b) The applicant for reciprocity shall:

(1) Apply in accordance with Env-A 1815.03 or Env-A 1815.08, as applicable; and

(2) Fulfill all requirements in Env-A 1816.01 through Env-A 1816.06, as specified for the individual discipline certification for which application is being made.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1816 Specific Licensing and Certification Requirements for Individual Disciplines

N.H. Code Admin. R. Ann. Env-A 1816.01 Asbestos Abatement Entity Licensing Requirements {#sec-env-a-1816.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.01}

(a) An asbestos abatement entity shall not engage in any asbestos abatement in New Hampshire without first:

(1) Being licensed to do so under the provisions of this chapter, unless it is exempt as specified in Env-A 1815.02; and

(2) Being registered and in good standing to do business as required by the New Hampshire secretary of state.

(b) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for an initial or renewal asbestos abatement entity license shall complete and submit to the department by mail, hand delivery, or electronic means the following, on or with the “Asbestos Abatement Entity License”, form NHDES-A-01-014 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-014 or via the department’s website at www.des.nh.gov:

(1) Physical address of the applicant;

(2) Whether the applicant is an individual, sole proprietorship, corporation, partnership, unincorporated association, or other type with a description;

(3) Unless listed pursuant to (5) below, a list of the names, titles, and mailing addresses of the responsible person(s) of the applicant, and all individuals in management of the entity having primary responsibility for, and control over, the asbestos abatement work of the applicant;

(4) A list of all New Hampshire-certified asbestos abatement supervisors employed by the applicant at the time of application, including the supervisor’s name, certification number, and certification expiration date;

(5) For each responsible person who fulfills the licensing requirement specified in Env-A 1816.01(c)(11), the following information or documentation for that person:

a. Name;

b. Title;

c. Mailing address;

d. Telephone number;

e. Principal duties; and

f. A copy of a current asbestos supervisor training certificate;

(6) The name, title, mailing address, telephone number, telephone type, and email address of the person designated to be the principal contact for the applicant; and

(7) A certificate of good standing issued by the New Hampshire secretary of state.

(1) Have a current copy of this chapter available at all active asbestos abatement worksites;

(2) Retain, in paper or electronic format, for 30 years all business and personnel records for each asbestos abatement which has been performed by the entity in New Hampshire;

(3) Notify the department within 30 days of any change in personnel employed by the entity as New Hampshire-certified asbestos abatement supervisors;

(4) Ensure that an asbestos abatement supervisor who is certified in accordance with Env-A 1816.02 and whose training is current is present on-site whenever any asbestos abatement activity is being carried out in New Hampshire;

(5) Require all employees and contract workers engaged in asbestos abatement activities in New Hampshire to be certified in accordance with the provisions of this chapter and to have a current training certificate;

(6) Submit documentation of all employee training upon request of the department;

(7) Notify the department within 30 days of any change in the names or addresses of any responsible person(s) who work(s) for the licensed entity and fulfill the requirement specified in (11), below;

(8) Maintain an accurate list of the name of each individual entering and exiting an established asbestos abatement containment area;

(9) Maintain a list of asbestos abatement performed in New Hampshire by the licensed entity, which includes the following:

a. The start and completion dates of the asbestos abatement;

b. Address of the asbestos abatement;

c. Name of the owner or operator;

d. Name of and telephone number for a contact person for the asbestos abatement; and

e. Name of each supervisor who worked on the asbestos abatement;

(10) Maintain good standing with the New Hampshire secretary of state; and

(11) Have at least one responsible person listed pursuant to (b)(3), above, who is:

a. Actively involved with decisions regarding the license and related matters; and

b. Maintains a current training certificate as an asbestos abatement supervisor.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1816.02 Asbestos Abatement Supervisor Certification Requirements {#sec-env-a-1816.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.02}

(a) Except as specified in Env-A 1815.02, no individual shall engage in any on-site supervision of asbestos abatement workers during asbestos abatement in New Hampshire without first being certified as an asbestos abatement supervisor under the provisions of this chapter.

(b) The applicant for an initial asbestos abatement supervisor certification shall meet the following criteria within the 3 years prior to submitting an application:

(1) Held a valid certification issued by any state, which has not been suspended or revoked, as an asbestos abatement worker or supervisor, for a minimum of one year; and

(2) Have experience performing major asbestos abatement activities in a containment area for a minimum of 640 hours or 80 days of at least 8 hours per day.

(c) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for initial or renewal asbestos abatement supervisor certification shall complete and submit to the department by mail, hand delivery, or electronic means the following on or with the “Asbestos Abatement Supervisor Certification”, form NHDES-A-01-010 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-010 or via the department’s website at www.des.nh.gov:

(1) The name, mailing address, email address, telephone type, and telephone number of the applicant’s employer; and

(2) For an initial application, a list of asbestos abatement performed by the applicant that demonstrates that the applicant possesses the minimum experience specified in (b)(2), above, and includes the following for each asbestos abatement:

a. The date(s) and hours during which the applicant performed major asbestos abatement activities in the containment area;

b. The address of the asbestos abatement;

c. The name of the owner or operator;

d. The name of and a telephone number for the contact person for the asbestos abatement; and

e. The name of the site supervisor(s).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1816.03 Asbestos Abatement Worker Certification Requirements {#sec-env-a-1816.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.03}

(a) Except as exempted by Env-A 1815.02, no individual shall perform as an asbestos abatement worker in New Hampshire without first being certified as an asbestos abatement worker under the provisions of this chapter.

(b) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for an initial or renewal asbestos abatement worker certification shall:

(1) Complete and submit to the department by mail, hand delivery, or electronic means, the information, on “Asbestos Abatement Worker Certification”, form NHDES-A-01-011 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-011 or via the department’s website at www.des.nh.gov; and

(2) Include the name, mailing address, email address, telephone type, and telephone number of the applicant’s employer.

(c) The applicant may specify on the form that the company mailing address be used rather than the applicant’s mailing address, for all application related correspondence from the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1816.04 Asbestos Inspector Certification Requirements {#sec-env-a-1816.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.04}

(a) No individual shall perform any asbestos inspections, pursuant to Env-A 1804.01, in New Hampshire without first being certified as an asbestos inspector under the provisions of this chapter.

(b) The applicant for an initial asbestos inspector certification shall meet one of the following minimum criteria:

(1) Have 6 months of experience in one of the following occupations:

a. Project planning;

b. Management;

c. Engineering;

d. Construction;

e. Architecture;

f. Industrial hygiene; or

g. Occupational health;

(2) Have 2 months of field experience under the supervision of a certified asbestos inspector or management planner; or

(3) Have an associate degree or certification of completion of a 2-year program as specified in Env-A 1816.05(b)(1).

(c) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for an initial or renewal asbestos inspector certification shall submit to the department by mail, hand delivery, or electronic means, the following:

(1) A completed “Asbestos Inspector, Management Planner and/or Project Designer Certification”, form NHDES-A-01-009 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-009 or via the department’s website at www.des.nh.gov;

(2) Whether the application is for certification as an inspector, project designer, or management planner;

(3) For an initial application, submit the following:

a. A list of employment history, including employer’s name, dates of employment, type of occupation, and job duties demonstrating that the applicant possesses the minimum experience specified in (b)(1), above;

b. A list of field work completed, demonstrating that the applicant possesses the minimum field experience specified in (b)(2), above, including:

Project date(s);
Project owner name;
Project contact name and phone number;
Supervisor name, certification state, and certificate number; and
Description of project and work performed; or

c. A copy of each degree conferred on the applicant demonstrating that the applicant possesses the minimum education specified in (b)(3), above; and

(4) The name, mailing address, email address, telephone type, and telephone number of the applicant’s current employer.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1816.05 Asbestos Management Planner Requirements {#sec-env-a-1816.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.05}

(a) No individual shall function as an asbestos management planner for schools in New Hampshire without first being certified as an asbestos management planner under the provisions of this chapter.

(b) The applicant for an initial asbestos management planner certification shall meet the following minimum criteria:

(1) Have an associate degree or certificate of completion of a 2-year program in:

a. Project planning;

b. Management;

c. Environmental sciences;

d. Engineering;

e. Construction;

f. Architecture;

g. Industrial hygiene;

h. Occupational health, or

i. A related scientific field; and

(2) Have 6 months of experience in asbestos abatement, including experience in asbestos management.

(c) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for an initial or renewal asbestos management planner certification shall submit to the department by mail, hand delivery, or electronic means, the following:

(2) Whether the application is for certification as an inspector, project designer, or management planner;

(3) For an initial application, submit the following:

a. A copy of each degree conferred on the applicant demonstrating that the applicant possesses the minimum education specified in (b)(1), above; and

b. A list of employment history including employer’s name, dates of employment, type of occupation, and job duties demonstrating that the applicant possesses the minimum experience specified in (b)(2), above; and

(4) The name, mailing address, email address, telephone type, and telephone number of the applicant’s employer.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1816.06 Asbestos Abatement Project Designer Requirements {#sec-env-a-1816.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1816.06}

(a) No individual shall function as an asbestos project designer for schools in New Hampshire without first being certified as an asbestos abatement project designer under the provisions of this chapter.

(b) The applicant for an initial asbestos abatement project designer certification shall meet one of the following criteria:

(1) At least 12 months of experience in asbestos abatement and a bachelor's degree in industrial hygiene, occupational health, environmental science, biological science, physical science, or a closely related field;

(2) At least 12 months of experience in asbestos abatement and registration as a registered architect or registered engineer; or

(3) At least 2 years’ experience in asbestos abatement including experience in asbestos abatement design.

(c) In addition to the items required to be submitted by Env-A 1815.03(a) or Env-A 1815.08(a), as applicable, the applicant for an initial or renewal asbestos abatement project designer certification shall submit to the department by mail, hand delivery, or electronic means, the following:

(1) A completed “Asbestos Inspector, Management Planner and/or Project Designer Application”, form NHDES-A-01-009 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-009 or via the department’s website at www.des.nh.gov ;

(2) Whether the application is for certification as an inspector, project designer, or management planner;

(3) For an initial application, submit the following documentation that the applicant possesses one of the criteria specified in (b), above:

a. Documentation that the applicant possesses the minimum experience and education, specified in (b)(1) as follows:

A list of asbestos abatement employment history, including employer’s name, dates of employment, and job duties; and
A copy of each degree conferred on the applicant;

b. Documentation that the applicant possesses the minimum experience and professional accreditation specified in (b)(2), above, as follows:

A list of employment history including employer’s name, dates of employment, type of occupation, and job duties; and
A copy of the applicant’s registration as an architect or engineer; or

c. A list of asbestos abatement employment history including employer’s name, dates of employment, and job duties demonstrating that the applicant possesses the experience specified in (b)(3), above; and

(4) The name, mailing address, email address, telephone type, and telephone number of the applicant’s employer.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

Part Env-A 1817 Licensing Asbestos Disposal Site Contractors, Employers, and Individuals

N.H. Code Admin. R. Ann. Env-A 1817.01 Purpose {#sec-env-a-1817.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.01}

The purpose of this part is to implement the provisions of RSA 141-E:10 that require contractors, employers including self-employed individuals, and other individuals who disturb asbestos at asbestos disposal sites (ADS) to be licensed.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.02 Applicability {#sec-env-a-1817.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.02}

Except as specified in Env-A 1817.03, any contractor, employer, or individual who disturbs asbestos at an (ADS) shall hold a valid license issued pursuant to this part.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.03 ADS License Exemptions {#sec-env-a-1817.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.03}

The following individuals who disturb asbestos at an ADS shall not be required to hold a license issued pursuant to this part:

(a) Individuals identified in RSA 141-E:10, I(a), namely, individuals certified pursuant to Env-A 1818 who perform the work for a contractor, employer, or other individual holding a valid license issued pursuant to this part;

(b) The homeowner of a single-family, owner-occupied property who, on said property only, personally performs the work, subject to the following conditions:

(1) The owner shall be trained and certified pursuant to Env-A 1818; and

(2) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b);

(c) Entities and individuals undertaking a small-scale, short-duration disturbance of asbestos at an ADS, subject to the following conditions:

(1) The entity or individual shall not be under license suspension or revocation pursuant to these rules;

(2) The quantity of material disturbed shall not exceed one cubic foot;

(3) The area of disturbance shall not exceed 3 square feet;

(4) The work shall be completed within 2 hours of being initiated;

(5) The entity or individual shall ensure that the local health officer is notified before the work commences and that the local health officer and the department are provided access to the work site for inspection;

(6) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b); and

(7) The work shall not be part of a larger project that is being segmented into small-scale, short-duration tasks; and

(d) Entities and individuals removing non-friable asbestos only from the ground surface to a container for disposal, subject to the following conditions:

(1) The activity shall not involve excavation below the ground surface;

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits friable characteristics; and

(3) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.04 Application for ADS License {#sec-env-a-1817.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.04}

(a) Each contractor, employer, and individual seeking a license to disturb asbestos at an ADS shall submit a completed application to the department by mail, hand delivery, or electronic means, on a form specified in Env-A 1817.05, that:

(1) Contains the information specified in Env-A 1817.05;

(2) Is signed and dated as specified in (c) through (e), below, by the applicant and each responsible person who fulfills the licensing requirement specified in Env-A 1817.10(b); and

(3) Is accompanied by a non-refundable application fee as follows:

a. For applications submitted in calendar year 2026, $350; and

b. For applications submitted in calendar year 2027 and subsequent years, $500.

(b) The license holder shall submit an application as specified in (a), above, to the department no more than 90 days prior to the expiration date of the license.

(1) The applicant, if an individual; or

(2) A responsible person who fulfills the licensing requirement specified in Env-A 1817.10(b), as applicable, if the applicant is an employer or contractor.

(d) The signature of the applicant, or responsible person, shall constitute certification that:

(1) The applicant or responsible person has read, and understands, the New Hampshire asbestos management and control rules, Env-A 1800;

(2) The application has been prepared in conformity with Env-A 1800; and

(3) All information contained in the application, including any supplements attached, is true, complete, and not misleading to the best of the knowledge and belief of the signer.

(e) Each responsible person who fulfills the licensing requirement specified in Env-A 1817.10(b) shall sign the application to acknowledge that the responsible person is aware that the application is being filed and that they are being listed as the responsible person involved with decisions regarding the license and related matters.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1817.05 Information Required for ADS License Applications {#sec-env-a-1817.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.05}

The applicant for an ADS license shall complete and submit the “Asbestos Disposal Site Contractor License”, form NHDES-A-01-015 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-015 or via the department’s website at www.des.nh.gov, the following information:

(a) The applicant’s name, mailing address, physical address, e-mail address, telephone type, and telephone number;

(b) If applicable, a list of alternate names, acronyms, or other identifiers by which the applicant is, or has been, known by or uses, or has used to conduct business or perform work;

(d) Whether the applicant is an individual, corporation, partnership, firm, association, sole proprietorship, political subdivision, or other kind of association or organization;

(e) If the applicant is an individual, the applicant’s date of birth;

(f) If the applicant is an employer or contractor, then for each of its responsible persons not listed pursuant to (h) below, having primary responsibility for, and control over, the asbestos abatement work of the applicant, the individual’s:

(1) Name;

(2) Title; and

(3) Mailing address;

(g) The name, title, mailing address, email address, telephone type, and telephone number of the individual affiliated with and designated by the applicant to be contacted regarding the application;

(h) For each responsible person who fulfills the licensing requirement specified in Env-A 1817.10(b), the following additional information or documentation about each such individual:

(1) Name;

(2) Title and principal duties;

(3) Telephone number; and

(4) Current New Hampshire asbestos disposal site worker certification number;

(i) Whether any state or federal agency has taken any of the following with regard to environmental, health, or safety requirements against the applicant within the previous 10 years:

(1) Enforcement action; or

(2) Action related to license, certification, or application for a license or certification, such as suspension, revocation, or denial, against the applicant or its responsible persons;

(j) If applicable, a copy of each of the following state or federal action(s) against the applicant within the last 10 years unless previously submitted, including its responsible persons, with regard to environmental, health, or safety activities, and the current status of each such action:

(1) Enforcement action;

(2) Action related to a license or certification, such as suspension or revocation; or

(3) Action related to an application for a license or certification, such as denial;

(k) A copy of the list, specified in Env-A 1817.10(f), of all individuals currently employed or otherwise associated with the applicant who, under the authority of the applicant's license, if issued, will perform work relating to the disturbance of asbestos at an ADS;

(l) If the applicant is not an individual, a certificate of good standing from the New Hampshire secretary of state;

(m) Whether the applicant has been issued an asbestos-related license or certification for asbestos abatement work within the previous five years by any other state or federal agency;

(n) If applicable, a copy of each asbestos-related license or certification issued, unless previously submitted; and

(o) Date and sign the application as specified in Env-A 1817.04.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1817.06 Optional Information for ADS License Applications {#sec-env-a-1817.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.06}

(a) Any applicant for licensure under this part that has business liability insurance or is bonded, or both, for work done under the license may submit proof of such insurance or bond, or both, with the application.

(b) If proof of insurance or bond, or both, is submitted with the application and the application is approved, the department shall note that the licensee has represented that work done under the license or certification is covered by insurance or a bond, or both, as applicable.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.07 Review and Issuance Criteria for ADS License {#sec-env-a-1817.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.07}

(a) The department shall review and process applications in accordance with RSA 541-A:29, Env-A 200, and Env-C 200.

(c) If the department obtains credible information indicating that a reason exists to suspend or revoke a license, as specified in Env-A 1817.08(g), while an application for an ADS license is pending, the department shall notify the applicant of the information and offer an opportunity for the applicant to respond to the information prior to a decision being made on the application.

(d) An applicant shall respond within 15 working days to the department’s notification in (b) or (c), above.

(e) The department shall approve an application for an ADS license provided the applicant meets the requirements for licensure specified in Env-A 1817.04

(f) The department shall deny an application for an ADS license if the applicant:

(1) Submits incomplete information in the application, and has not corrected the omission despite being requested by the department pursuant to (b), above;

(2) Does not submit the items specified in Env-A 1817.04;

(3) Does not meet the obligations of license holders specified in Env-A 1817.10;

(4) Holds a license or certification that is currently under suspension where all terms and conditions of the suspension have not been fully satisfied, or that has been revoked pursuant to this chapter; or

(5) Does not respond to the department’s request pursuant to (b) or (c), above.

(g) The department shall notify the applicant of its decision in writing. If the application is denied, the notice shall specify the reason(s) for the denial and that the applicant has an opportunity to appeal as specified in (h), below.

(h) If the applicant wishes to appeal the decision, the applicant shall file such appeal following the procedures set forth in Env-A 1817.09.

(i) If the department approves an application, pursuant to (e) above, the department shall issue a license as follows:

(1) Is in writing for the type of work the applicant is qualified to perform;

(2) Is dated and signed by the commissioner or the commissioner's designee;

(3) Is valid for a period of 12 months from the date of issuance;

(4) Includes the name and address of the applicant;

(5) Includes such terms and conditions as necessary to protect public health, safety, and the environment;

(6) Bears a unique identification number; and

(7) Is non-transferable.

(j) Issuance of a license shall not relieve the license holder, including its responsible persons, of the obligation to comply with any other federal, state, or local requirements, including any other obligation for obtaining licenses, permits, training, or other approvals for the work to be performed.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.08 ADS License Suspension and Revocation {#sec-env-a-1817.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.08}

(a) If the department obtains credible information indicating one or more reasons to revoke or suspend an ADS license, as specified in (g) below, the department shall notify the holder of the license, in writing, of the following:

(1) The department’s intended action;

(2) The reason(s) for the intended action;

(3) For a suspension, the items specified in (f), below; and

(4) The date by which the holder of the license shall file a written request for an adjudicative hearing, which date shall be 15 working days from the date of the department’s notice, if the holder wishes to contest the proposed action.

(b) If the department receives a written request for an adjudicative hearing, in accordance with (a)(4) above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200, as applicable to adjudicative proceedings.

(c) If the department does not receive a written request for an adjudicative hearing, in accordance with (a)(4) above, the license or certification shall be suspended or revoked, as specified in the notice issued pursuant to (a) above, as of the 16th working day from the date of the department’s notice.

(d) The department shall revoke a license if the department determines that one or more reasons exist to suspend or revoke the ADS license, as provided by (g) below, and;

(1) The underlying problem(s) cannot be corrected or eliminated; or

(2) The license holder knowingly or intentionally created the underlying problem(s).

(e) The department shall suspend an ADS license if the department determines that one or more reasons exist to suspend or revoke the license, as provided by (g) below; and

(1) Given time to do so, the license holder can correct or eliminate the underlying problem(s); and

(2) The license holder did not knowingly or intentionally create the underlying problem(s).

(f) If the department suspends an ADS license, the department shall:

(1) Notify the license holder in writing of the specific deficiency(ies);

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and

(3) Inform the license holder in the written notice that if the deficiency(ies) are not corrected within the specified time, the license or certification shall be revoked.

(g) The department shall suspend or revoke an ADS if the license holder:

(1) Submitted false or misleading material information in an application;

(2) Violated the safe work practices prescribed in state and federal asbestos regulations;

(3) Failed to comply with an order of abatement issued pursuant to RSA 141-E:14;

(4) Meets any of the criteria for suspending or revoking an ADS license application specified in Env-C 209.03;

(5) Failed to comply with these rules or the terms and conditions of the license, in accordance with Env-A 1817.10; or

(6) Has a performance history, including violations by the license holder or its responsible persons of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the license holder will not be able to comply with these rules or poses a risk to workers or the public.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.09 Appeal {#sec-env-a-1817.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.09}

An applicant or license holder aggrieved by a department decision made pursuant to Env-A 1817.07, to deny an application, or Env-A 1817.08, to revoke a license, who wishes to appeal the decision shall appeal to the air resources council, within 30 days of the department’s decision, in accordance with RSA 21-O:14 and the rules adopted by the council, Ec-Air 200.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1817.10 Obligations of ADS License Holders {#sec-env-a-1817.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1817.10}

(a) License holders shall be registered and in good standing to do business in New Hampshire, as required by New Hampshire law and the New Hampshire secretary of state.

(b) License holders shall have at least one responsible person who is actively involved with decisions regarding the license and related matters and is certified pursuant to Env-A 1818.

(1) The work is actively supervised at all times by at least one individual who is certified as an experienced worker pursuant to Env-A 1818 and meets the requirements of a competent person as specified in 29 CFR 1926.1101 or an on-site supervisor as specified in 29 CFR 1910.120, or both;

(2) The work is performed by individuals who hold a valid certificate issued pursuant to Env-A 1819 and are competent to perform the work;

(3) At the work site, the number of workers who are certified as workers-in-training pursuant to Env-A 1818 does not exceed 5 times the number of workers who are certified as experienced workers pursuant to Env-A 1818;

(4) The license or a certified copy thereof is posted at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present;

(5) The certificates, or copies thereof, of all workers present at the work site are available for inspection by the department and the local health officer at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present; and

(6) A current copy of Env-A 1801, Env-A 1802, Env-A 1817, Env-A 1818, Env-A 1819, Appendix C, and Appendix D is available for reference by workers at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present.

(d) License holders shall maintain business and personnel records in conformance with federal requirements, including but not limited to:

(1) 29 CFR 1926.1101(n);

(2) 29 CFR 1910.1001(m); and

(3) 29 CFR 1910.1020.

(e) License holder(s) shall maintain a list of ADS projects conducted by the license holder since the date the expiring license was issued, including for each project the:

a. Site location;

b. Name of the property owner;

c. Project start date;

d. Project status;

e. Project contact person and telephone number; and

f. Project site supervisor.

(f) License holders shall maintain a list of all individuals currently employed or otherwise associated with the applicant who, under the authority of the applicant’s license, if issued, will perform work relating to the disturbance of asbestos at an ADS, including the following information about each individual:

(1) Name;

(2) Position title;

(3) Mailing address:

(4) Telephone number;

(5) If the individual is certified pursuant to Env-A 1818, the certification number and expiration date;

(6) If the individual is not certified pursuant to Env-A 1818, the date the application for certification was or will be made, and the date training, in accordance with Env-A 1819, was or will be obtained; and

(7) Whether the individual meets the requirements of a competent person, as specified in 29 CFR 1926.1101, or an on-site supervisor, as specified in 29 CFR 1910.120, or both.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1818 Certification of Asbestos Disposal Site Workers

N.H. Code Admin. R. Ann. Env-A 1818.01 Purpose {#sec-env-a-1818.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.01}

The purpose of the rules in this part is to implement RSA 141-E:11, I, which requires individuals who disturb asbestos at an ADS to be trained and certified.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.02 Applicability {#sec-env-a-1818.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.02}

Except as specified in Env-A 1818.03, any individual who disturbs asbestos at an ADS shall hold a valid certification issued pursuant to this part.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.03 ADS Certification Exemptions {#sec-env-a-1818.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.03}

(a) An individual shall not be required to hold a valid certification issued pursuant to this part in order to undertake a small-scale, short-duration disturbance of asbestos at an ADS, subject to the following conditions:

(1) The individual shall not be under license or certification suspension or revocation pursuant to these rules;

(2) The quantity of material disturbed shall not exceed one cubic foot;

(3) The area of disturbance shall not exceed 3 square feet;

(4) The work shall be completed within 2 hours of being initiated;

(5) The individual performing the work shall assure that the local health officer is notified before the work commences and that the local health officer and the department are provided access to the work site for inspection;

(6) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including those identified in Env-A 1801.01(b); and

(7) The work shall not be part of a larger project that is being segmented into small-scale, short-duration tasks.

(b) An individual shall not be required to hold a valid certification issued pursuant to this part in order to remove non-friable asbestos only from the ground surface to a container for disposal, subject to the following conditions:

(1) The activity shall not involve excavation below the ground surface;

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits friable characteristics; and

(3) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including those identified in Env-A 1801.01(b).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.04 Application for Initial ADS Certification {#sec-env-a-1818.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.04}

(a) The following individuals seeking initial certification to disturb asbestos at an ADS shall apply as specified in (b) below:

(1) An experienced ADS worker or worker-in-training applying for the first time;

(2) Individuals seeking re-certification to disturb asbestos at an ADS more than 3 years after their most recent certification has expired; and

(3) Individuals seeking re-certification to disturb asbestos at an ADS after their most recent certification has been revoked.

(b) The individual seeking initial certification shall complete and submit to the department by mail, hand delivery, or electronic means an “Asbestos Disposal Site Worker/Worker-in-Training Certification”, form NHDES-A-01-012 dated January 1, 2026, available at https://onlineforms.nh.gov/?FormTag=NHDES-A-01-012 or via the department’s website at www.des.nh.gov.

(1) The applicant’s name, mailing address, telephone number, telephone type, email address, and date of birth;

(2) The name, address, email address, telephone type, and telephone number of each entity or individual licensed, or to be licensed pursuant to Env-A 1817, with whom the applicant is currently employed or otherwise associated for the performance of work involving the disturbance of asbestos at asbestos disposal sites;

(3) Whether any state or federal agency is taking or has taken any enforcement action or action related to a license, certification, or application for a license or certification, such as suspension, revocation, or denial, against the applicant or its responsible persons with regard to environmental, health, or safety requirements within the previous 10 years;

(4) If applicable, a copy of each state or federal enforcement action or other action against the applicant, unless previously submitted, and the current status of each such action;

(5) Whether the applicant is seeking certification as an experienced worker or a worker-in-training, based on the criteria provided in Env-A 1818.09(b);

(6) One clear, color photograph, taken within the last 5 years, of the applicant’s full face, meeting passport photograph requirements including the name of the applicant;

(7) Written documentation showing that the applicant meets the certification requirements specified in Env-A 1818.09, including:

a. For an initial application, a copy of the record required by Env-A 1819.04(c);

b. A statement by the applicant attesting that the applicant has met the requirements of Env-A 1818.09(a); and

c. For an application for an initial experienced worker, a work experience record, signed by the work supervisor(s), documenting a minimum of 40 hours that the applicant has engaged successfully in the disturbance of asbestos at an ADS pursuant to the requirements in Env-A 1818.09(c);

(8) If applicable, a list of alternate names, acronyms, or other identifiers by which the applicant is, or has been, known by, or uses, or has used, to perform work;

(9) Whether the applicant has been issued an asbestos-related license or certification for asbestos abatement work within the previous 5 years by any other state or federal agency;

(10) If applicable, a copy of each asbestos-related license or certification issued, unless previously submitted; and

(11) Whether the application is initial or a renewal.

(d) The applicant shall date and sign the application certifying that:

(1) The applicant has read, and understands, the New Hampshire asbestos management and control rules, Env-A 1800;

(2) The application has been prepared in conformity with Env-A 1800; and

(3) All information contained in the application, including any supplements attached, is true, complete, and not misleading to the best of the knowledge and belief of the signer.

(e) The applicant shall submit a non-refundable application fee with each application as follows:

(1) For applications submitted in calendar year 2026, $75; and

(2) For applications submitted in calendar year 2027 and subsequent years, $100.

(f) The applicant may specify on the form that the company mailing address be used rather than the applicant’s mailing address, for all application related correspondence from the department.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1818.05 Review and Issuance Criteria for ADS Certification {#sec-env-a-1818.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.05}

(a) The department shall review and process applications in accordance with RSA 541-A:29, Env-A 200, and Env-C 200, as applicable.

(c) If the department obtains credible information indicating that a reason exists to suspend or revoke a certification, as specified in Env-A 1818.06(g), while an application for an ADS certification is pending, the department shall notify the applicant of the information and offer an opportunity for the applicant to respond to the information prior to a decision being made on the application.

(d) An applicant shall respond within 15 working days to the department’s notification in (b) or (c), above.

(e) The department shall approve an application for an ADS certification if the applicant or certificate holder meets the requirements for certification specified in Env-A 1818.04 or Env-A 1818.07, as applicable, and Env-A 1818.09.

(f) The department shall deny an application if:

(1) The applicant submits incomplete information in the application and does not correct the omission despite being requested pursuant to (b), above;

(2) The applicant does not submit any of the information required by Env-A 1818.04 or Env-A 1818.07, as applicable;

(3) The applicant does not meet the requirements for certification specified in Env-A 1818.09;

(4) The applicant holds a license or certification that is currently under suspension where all terms and conditions of the suspension have not been fully satisfied, or that has been revoked and not overturned on appeal, pursuant to this chapter; or

(5) The applicant does not respond to the department’s request pursuant to (b) or (c), above.

(h) If the applicant wishes to appeal the decision, the applicant shall file such appeal following the procedures set forth in Env-A 1818.08.

(i) If the department approves an application pursuant to (e) above, the department shall issue a certification that:

(1) Is in writing for the type of work the applicant is qualified to perform, including whether the certification holder is an experienced worker or a worker-in-training, based on the experience requirements specified in Env-A 1818.09(c).

(2) Is dated and signed by the commissioner or the commissioner's designee;

(3) Is valid for a period of 12 months from the date of issuance;

(4) Includes the name, address and photograph of the applicant;

(5) Includes such terms and conditions necessary to protect public health, safety, and the environment;

(6) Bears a unique identification number; and

(7) Is non-transferable.

(j) Issuance of a certification shall not eliminate any obligation of the certification holder to comply with any other federal, state, or local requirements for the performance of the work, including any obligation to obtain additional training and certifications, licenses, permits, or other approvals.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.06 Suspension and Revocation of ADS Certification {#sec-env-a-1818.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.06}

(a) If the department obtains credible information indicating that one or more reasons to suspend or revoke an ADS certification, as specified in (g) below, exists, the department shall notify the certification holder, in writing, of the following:

(1) The department’s intended action;

(2) The reason(s) for the intended action;

(3) For a suspension, the items specified in (f), below; and

(4) The date, 15 working days from the date of the department’s notice, by which the certification holder shall file a written request for an adjudicative hearing if the holder wishes to contest the proposed action.

(c) If the department does not receive a written request for an adjudicative hearing in accordance with (a)(4), above, the certification shall be suspended or revoked, as specified in the notice issued pursuant to (a), above, as of the 16th working day from the date of the department’s notice.

(d) The department shall revoke a certification if the department determines that one or more reasons exists to suspend or revoke the certification, as provided by (g), below, and:

(1) The underlying problem(s) cannot be corrected or eliminated; or

(2) The underlying problem(s) were created by the certificate holder knowingly or intentionally.

(e) The department shall suspend a certification if the department determines that one or more reasons exist to suspend or revoke the certification, as provided by (g), below, and:

(1) Given time to do so, the certification holder can correct or eliminate the underlying problem(s); and

(2) The underlying problem(s) were not created knowingly or intentionally by the certification holder.

(f) If the department suspends a certification, the department shall:

(1) Notify the certification holder in writing of the specific deficiency(ies);

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature of the deficiency(ies); and

(3) Inform the certification holder in the written notice that if the deficiencies are not corrected within the specific time, the certification shall be revoked.

(g) The department shall suspend or revoke an ADS certification if the certification holder:

(1) Submitted false or misleading material information in an application;

(2) Cheated on the examination;

(3) Violated the safe work practices prescribed in state and federal asbestos regulations;

(4) Failed to comply with an order of abatement issued pursuant to RSA 141-E:14;

(5) Meets any of the criteria for suspending or revoking a certification specified in Env-C 209.03;

(6) Failed to comply with these rules or the terms and conditions of the certification; or

(7) Has a performance history, including violations of any state or federal environmental, health, or safety requirement that relates to the type of work for which certification is sought, that causes the department to conclude that the certification holder will not be able to comply with these rules or poses a threat to workers or the public.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.07 ADS Certification Renewal {#sec-env-a-1818.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.07}

(a) A certification holder whose certification has not yet expired or has been expired for less than 3 years, shall submit to the department, on or with the form, as required by Env-A 1818.05, obtained from the department, the following information:

(1) All application information required in Env-A 1818.04(c);

(2) The certification number and issue date of the applicant’s expiring or expired certification;

(3) A list of asbestos disposal site projects that the certification holder has worked on since the date the expiring or expired certification was issued, including:

a. The site location;

b. The name of the property owner;

c. The name, address, and telephone number of the license holder for whom the certification holder performed the work;

d. The name, address, and telephone number of the project site supervisor;

e. The date the project commenced and the date the project was completed; and

f. The nature of the work performed;

(4) A statement by the applicant attesting that the annual refresher training requirements specified in Env-A 1819.05 have been satisfied;

(5) A non-refundable application fee for each application as follows:

a. For applications submitted in calendar year 2026, $75; and

b. For applications submitted in calendar year 2027 and each year thereafter, $100; and

(6) A statement by the applicant attesting that all of the requirements specified in Env-A 1818.09(c) have been met.

(b) The applicant shall sign and date the application as specified in Env-A 1818.04(d).

(c) The applicant shall submit an application, as specified in (a) and (b) above, to the department no more than 90 days prior to the expiration date of the certification.

(d) The department shall review and process applications in accordance with Env-A 1818.05.

(e) The department shall not approve an application with an expiring certification that is under suspension until the applicant fully satisfies all terms and conditions of the suspension, in accordance with Env-A 1818.06(f).

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24; ss by #14467, eff 1-1-26, EXPIRES: 1-1-36

N.H. Code Admin. R. Ann. Env-A 1818.08 Appeal {#sec-env-a-1818.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.08}

An applicant or certification holder aggrieved by a department decision made pursuant to Env-A 1818.05, to deny an initial application, Env-A 1818.06, to deny a renewal application, or Env-A 1818.07, to revoke a certification, who wishes to appeal the decision, shall appeal to the air resources council, within 30 days of the department’s decision, in accordance with RSA 21-O:14 and the rules adopted by that council, Ec-Air 200.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.09 Requirements for ADS Certification {#sec-env-a-1818.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.09}

(a) No individual shall be granted an ADS certification pursuant to this part, unless the individual has:

(1) Completed training in accordance with Env-A 1819;

(2) Read or reviewed Env-Sw 2100; and

(3) Scored 70 percent or better on an examination in accordance with Env-A 1819.03(c).

(b) The department shall certify an individual as either an experienced worker or a worker-in-training, as specified in (c) through (e), below.

(c) To qualify as an experienced worker, an individual shall have successfully performed at least 40 hours of work involving the disturbance of asbestos at asbestos disposal sites as specified in (d), below.

(d) The department shall consider work experience to be as follows:

(1) The individual shall have performed the work under the supervision of an individual who is certified as an experienced worker pursuant to these rules and who meets the requirements of either a competent person as defined in 29 CFR 1926.1101 or an on-site supervisor as defined in 29 CFR 1910.120, or both; and

(2) One or a combination of the following may be substituted for up to 10 hours of the asbestos disposal site work experience required by (c), above:

a. Ten hours or less of work experience at a hazardous waste site under the supervision of a competent person as specified in 29 CFR 1901.120; or

b. Ten hours or less of work experience on asbestos abatement as an asbestos abatement worker or an asbestos abatement supervisor under the authority of a licensed asbestos abatement entity as specified in Env-A 1816.02 or Env-A 1816.03.

(e) Any individual who has not yet met the experienced worker requirements specified in (c), above, shall be a worker-in-training.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1818.10 Limitations {#sec-env-a-1818.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1818.10}

Individuals certified pursuant to this part shall be authorized to disturb asbestos at an ADS only when the activities are authorized by an entity or individual licensed pursuant to Env-A 1818, unless the work is license-exempt work pursuant to Env-A 1818.03.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1819 Training requirements for Asbestos Disposal Site Workers

N.H. Code Admin. R. Ann. Env-A 1819.01 Purpose {#sec-env-a-1819.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.01}

(a) The purpose of this part is to establish the scope of training required to obtain and renew a certification pursuant to Env-A 1818.

(b) The training described in this part is intended to supplement, and not to replace or wholly satisfy, federal training requirements for working with asbestos, including, as applicable:

(1) 29 CFR 1926.1101;

(2) 29 CFR 1910.120; and

(3) 40 CFR 763.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1819.02 Applicability {#sec-env-a-1819.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.02}

The rules in this part shall apply to all individuals seeking certification pursuant to Env-A 1812.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1819.03 Training Requirements for ADS Workers {#sec-env-a-1819.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.03}

(a) The following individuals shall be trained pursuant to the basic training program requirements in Env-A 1819.04 prior to applying for certification pursuant to Env-A 1818:

(1) Individuals not previously certified pursuant to Env-A 1818;

(2) Individuals holding a certification issued pursuant to Env-A 1818 that has been expired for over 3 years before the date an application for renewal is submitted pursuant to Env-A 1818;

(3) Individuals holding a certification that has been suspended or revoked pursuant to this chapter, and the suspension or revocation has not been overturned on appeal; and

(4) Individuals trying to obtain a training certificate who have failed the post-training examination, as provided in Env-A 1819.06, 3 consecutive times.

(b) The following individuals shall satisfy the annual refresher training requirements in Env-A 1819.05 prior to applying for certification renewal pursuant to Env-A 1818:

(1) Individuals holding an expiring certification issued pursuant to Env-A 1818; and

(2) Individuals holding a certification issued pursuant to Env-A 1818 that has been expired for 3 years or less before the date an application for renewal is submitted pursuant to Env-A 1818.

(c) After training pursuant to either (a) or (b), above, is completed, and within 6 months prior to filing an application to obtain or renew certification, the trainee shall take and pass an examination as specified by Env-A 1819.06.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1819.04 Basic ADS Worker {#sec-env-a-1819.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.04}

Training Program.

(a) An ADS worker shall obtain basic training from an accredited or approved training provider, in accordance with Env-A 1814.04, or an employer through a program, or combination of programs, that covers no less than the following topics:

(1) Asbestos identification, specifically including the identification of asbestos at asbestos disposal sites located in New Hampshire;

(2) History, characteristics, and location of asbestos disposal sites in New Hampshire;

(3) Human health effects due to asbestos exposure, including the relationship to smoking and contact information for smoking cessation;

(4) Relevant federal, state, and local regulations, including Env-Sw 2100;

(5) Personal protective equipment;

(6) Medical monitoring;

(7) State of the art work practices for disturbing asbestos at asbestos disposal sites, including:

a. Site characterization;

b. Site control and site security;

c. Neighborhood protection;

d. Air monitoring and asbestos fiber control;

e. Cut and fill techniques;

f. Bulk containment, transportation, and disposal of asbestos waste;

g. Decontamination procedures for personnel and equipment;

h. Site closure requirements and clearance determinations pursuant to Env-Sw 2100;

i. Sampling techniques; and

j. Managing site emergencies; and

(8) Best management practices for maintaining closed sites and protecting public health.

(b) The basic training program shall be taught using a combination of lecture, interactive presentation, and hands-on activity.

(c) The person or entity providing basic training pursuant to (a), above, shall create and provide to the ADS worker a written record showing that the ADS worker attended and completed basic training, including the date(s) of training and the name and signature of the person providing the training.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1819.05 Annual ADS Worker Refresher Training {#sec-env-a-1819.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.05}

(a) Annual refresher training shall be self-administered by the certification holder.

(b) Annual refresher training shall include the following:

(1) Review of written materials and other information obtained during basic training;

(2) Review of Env-Sw 2100; and

(3) Review of current and relevant federal, state, and local regulations, including these rules.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1819.06 Post-Training Examinations for ADS Workers {#sec-env-a-1819.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1819.06}

(a) The department shall administer examinations required pursuant to this part.

(b) The department shall schedule examinations on a monthly basis during regular business hours at a time convenient to both the applicant and the department.

(1) The information covered by the basic training program;

(2) Env-Sw 2100; and

(3) Current and relevant federal, state, and local regulations.

(d) The department shall administer the examination orally to any individual who so requests an oral examination due to a reading difficulty.

(e) The department shall include 50 questions in an initial exam and 25 questions for a renewal examination.

(f) The department shall allow each examinee one hour to complete the exam.

(g) The department shall allow for additional time to complete the exam if an examinee submits a written request prior to the exam date specifying the reason for needing additional time to complete the exam.

(h) A passing score on the examination shall be 70 percent or greater.

(i) To obtain a passing score, an individual shall be allowed to retake the required examination up to 3 times before having to re-attend basic training.

(j) Within 15 working days of the exam, the department shall send the examination score to the examinee in writing.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Part Env-A 1820 Waivers from License and Certification Rules

N.H. Code Admin. R. Ann. Env-A 1820.01 Purpose {#sec-env-a-1820.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1820.01}

The purpose of the rules in this part is to establish procedures and criteria for granting waivers to accommodate situations where strict adherence to a particular requirement would not be in the best interest of the public.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1820.02 Procedures for Requesting a Waiver of a Rule {#sec-env-a-1820.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1820.02}

(a) Any person who is or would be directly affected by the strict application of a rule in Env-A 1811, or Env-A 1815 through Env-A 1819 may request a waiver, as specified below.

(b) Each request for a rule waiver shall:

(1) Be in writing; and

(2) Include the information specified in Env-A 1820.03.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1820.03 Content and Format of Waiver Requests {#sec-env-a-1820.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1820.03}

(a) The person requesting the rule waiver shall provide the following information:

(1) The name, address, and telephone number of the person requesting the waiver;

(2) Identification of the specific rule(s) from which the applicant is seeking a waiver;

(3) The period of time during which the applicant wishes the waiver to be effective;

(4) A description of the specific project(s) to which the waiver is intended to apply or a statement that the requested waiver is intended to apply without regard to a specific project(s);

(5) A full explanation of why the waiver is necessary, including an explanation of the economic and operational consequences of complying with the rule as written;

(6) A full explanation, with supporting data, of the alternative(s), if any, that the applicant proposes to use in lieu of complying with the rule;

(7) A full explanation of how each of the alternatives proposed pursuant to (6) above, is consistent with the purpose and intent of RSA 141-E and Env-A 1800, and is otherwise adequate to protect public health, safety, and the environment; and

(8) A list of all state and federal enforcement actions, both past and pending, against the applicant, including responsible persons in its employ, with regard to environmental, health, or safety activities, and the current status of each such enforcement action.

(b) The applicant shall date and sign the request for waiver certifying that:

(1) The applicant has read, and understands, the New Hampshire asbestos management and control rules, Env-A 1800;

(2) The request has been prepared in conformity with Env-A 1800; and

(3) All information contained in the request is true, complete, and not misleading to the best of the knowledge and belief of the signer.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1820.04 Criteria for Granting a Waiver {#sec-env-a-1820.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1820.04}

(a) Subject to (b), below, the department shall grant a request for a rule waiver if:

(1) Granting the request will not result in an adverse effect to public health, public safety, the environment, or the natural resources of the state of New Hampshire; and

(2) One or more of the following conditions will be satisfied:

a. Granting the request is consistent with the purpose and intent of the rule being waived; or

b. Strict compliance with the rule will provide no benefit to the public and will cause an operational or economic hardship to the applicant.

(b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify:

(1) A federal or state statutory requirement, unless the statute specifically allows for a waiver; or

(2) A federal or state constitutional requirement.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

N.H. Code Admin. R. Ann. Env-A 1820.05 Decisions {#sec-env-a-1820.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1820.05}

(a) The department shall notify the person requesting the waiver of the decision in writing.

(b) A notice of denial shall state clearly the reason(s) for denial.

(c) A notice of approval shall include the terms and conditions under which the waiver is granted, including the effective date and expiration date, which shall be no later than one year from the date it is granted.

Appendix A: State Statutes and Federal Regulations Implemented

Rule Number(s)

State Statute(s) Implemented

Federal Regulations Implemented

Env-A 1801.01

RSA 141-E:1

Env-A 1801.02

RSA 141-E:3

40 CFR 61.140 and 61.145(a)

Env-A 1801.03 – Env-A 1801.04

RSA 141-E:4, XVI(c)

42 U.S.C. 7412

Env-A 1801.05

RSA 141-E:3, II and VI;

RSA 141-E :4, II and XVI(a)

42 U.S.C. 7412; 40 CFR 61, Subpart M

Env-A 1801.06

RSA 141-E:4

15 U.S.C. 2643(m); 40 CFR 763, Subpart E

Env-A 1802.01 - Env-A 1802.04

RSA 141-E:4

Env-A 1802.05

RSA 141-E:2, I

Env-A 1802.06

RSA 141-E:2, II

Env-A 1802.07 – Env-A 1802.11

RSA 141-E:4

Env-A 1802.12

RSA 141-E:4

40 CFR 763, subpart E, appendix D

Env-A 1802.13

RSA 141-E:2, III

Env-A 1802.14 – Env-A 1802.20

RSA 141-E:4

Env-A 1802.21

RSA 141-E:2, IV

Env-A 1802.22 – Env-A 1802. 28

RSA 141-E:4

Env-A 1802.29

RSA 141-E:2, VI

Env-A 1802.30

RSA 141-E:4

40 CFR 763, subpart E, appendix D

Env-A 1802.31 – Env-A 1802.34

RSA 141-E:4

Env-A 1802.35 & Env-A 1802.37

RSA 141-E:4, I

Env-A 1802.38

RSA 141-E:4

40 CFR 61.141, appendix D

Env-A 1802.39

RSA 141-E:4

Env-A 1802.40

RSA 141-E:4

29 CFR 1926.1001(b), appendix D

Env-A 1802.41

RSA 141-E:2, VII

Env-A 1802.42 – Env-A 1802.45

RSA 141-E:4

Env-A 1802.46

RSA 141-E:2, VIII

Env-A 1802.47 – Env-A 1802. 49

RSA 141-E:4

Env-A 1802.50

RSA 141-E:2, IX

Env-A 1802.51 – Env-A 1802.56

RSA 141-E:4

Env-A 1803.01 – Env-A 1803.08

RSA 141-E:1, III; RSA 141-E:3, VIII and IX; RSA 141-E:4, XVI

Env-A 1804.01

RSA 141-E:3, X; RSA 141-E:4, XVI

Env-A 1804.02 & Env-A 1804.03

RSA 141-E:3, VI and X;

RSA 141-E:4, VI

Env-A 1804.04

RSA 141-E:3, X; RSA 141-E:4, XVI

Env-A 1804.05

RSA 141-E:4, XIII; RSA 141-E:12, II

Env-A 1805.01 – Env-A 1805.03

RSA 141-E:3, XI; RSA 141-E:4, XVI

Env-A 1806.01 – Env-A 1806.06

RSA 141-E:3, XI

40 CFR 61.145

Env-A 1806.07

RSA 141-E:3, XII; RSA 141-E:4, XVI(d); RSA 141-E:12, II

Env-A 1806.08

RSA 141-E:3, XI

40 CFR 61.145

Env-A 1806.09

RSA 141-E:3, X

Env-A 1807

RSA 141-E:3, VIII;

RSA 141-E:4, II & XVI(a)

Env-A 1808

RSA 141-E:3, VIII;

RSA 141-E:4, II & XVI(a)

Env-A 1809

RSA 141-E:3, VIII; RSA 141-E:4, II & XVI(a)

Env-A 1810

RSA 141-E:3, VIII;

RSA 141-E:4, II & XVI(a)

Env-A 1811.01

RSA 141-E:4, II(a)(3)

42 U.S.C. 7412; 40 CFR 61, Subpart M

Env-A 1811.02

RSA 141-E

15 U.S.C. 2643(m); 40 CFR 763, Subpart E

Env-A 1812

RSA 141-E:3, IX ; RSA 141-E :4, XVII

40 CFR 61.145 and 61.150

Env-A 1813

RSA 141-E:8 & 13

Env-A 1814

RSA 141-E:4, II & VIII

40 CFR 763, subpart E, Appendix C

Env-A 1815.01 – Env-A 1815.08

RSA 141-E:3, II; RSA 141-E:4, II, VII & VIII; RSA 141-E:10-11

Env-A 1815.09

RSA 141-E:3, III; RSA 141-E:4, II, IX & XI; RSA 141-E:12, I

Env-A 1815.10

RSA 141-E:4, II&VIII, RSA 141-E:10-11

Env-A 1816

RSA 141-E:3, II; RSA 141-E:4, II, VII & VIII; RSA 141-E:10-11

Env-A 1817

RSA 141-E:3, I and XXI; RSA 141-E:4, XV; RSA 141-E:10

Env-A 1817.04 & Env-A 1817.05

RSA 141-E:3, I, III and XXI; RSA 141-E:4, XV; RSA 141-E:10

Env-A 1817.10(c)(1)

RSA 141-E:4, XV; RSA 141-E:10

29 CFR 1910.120, 29 CFR 1926.1101

Env-A 1817.10(d)

RSA 141-E:4, XV; RSA 141-E:10

29 CFR 1910.1001 & 1910.1020; 29 CFR 1910.1101

Env-A 1818

RSA 141-E:3:II and XXI; RSA 141-E:4, XV; RSA 141-E:11

Env-A 1818.04 & Env-A 1818.07

RSA 141-E:3:II, III and XXI; RSA 141-E:4, XV; RSA 141-E:11

Env-A 1818.08(d)

RSA 141-E:4, XV; RSA 141-E:11

29 CFR 1910.120, 29 CFR 1926.1101

Env-A 1819

RSA 141-E:3, III; RSA 141-E:4, XV

Env-A 1819.01(b)

RSA 141-E:4, XV; RSA 141-E:11

29 CFR 1910.1001 & 1910.1020; 29 CFR 1910.1101

Env-A 1820

RSA 141-E:4, XII; RSA 541-A:22, IV

Appendix B: Information on Documents Incorporated by Reference

Rule (Env-A)

Title, Date

Obtain from:

1808.06(g)(1) 1809.01(b)(1) 1813.03(b)

Asbestos and Other Fibers by PCM: Method 7400, Issue 3, Fifth Edition, June 14, 2019

National Institute of Occupational Safety and Health (NIOSH) Manual of Analytical Methods (NMAM)

The material can be downloaded at no charge from: https://www.cdc.gov/niosh/nmam/pdf/7400.pdf

Appendix C: Statutory Definitions

125-C:2:

X. "Person," any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

141-E:2:

I. “Asbestos” means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.

II. “Asbestos abatement” means any of the following activities:

(a) The wrecking or removal of any load-supporting structural member containing or covered by RACM, as defined in paragraph VII;

(b) The encapsulation, coating, binding, or resurfacing of structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels containing RACM for the purpose of minimizing the potential for fiber release;

(c) The construction of airtight enclosures by the use of impact resistant materials to isolate surfaces coated or containing RACM;

(d) The removal or stripping of RACM from structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels; and

(e) The repair of RACM to minimize the likelihood of fiber release from damaged areas. Repair may include, but shall not be limited to, application of duct tape, rewettable glass cloth, canvas, cement, or other suitable materials to seal exposed areas where asbestos fibers may be released, or repair of damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or repair of enclosures around RACM.

III. “Asbestos disposal site” means land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981. The term includes inactive disposal sites as defined by 40 CFR 61.141. The term does not include any disposal site which is subject to the permitting requirements of RSA 149-M.

IV. “Contractor” means any partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement activities and/or activities involving the disturbance of asbestos at asbestos disposal sites.

VI. “Friable asbestos material” means any material that contains more than one percent of asbestos by weight, area, or volume and that can be crumbled, pulverized, or reduced to powder when dry by hand pressure.

VII. “Regulated asbestos-containing material” or “RACM” means:

(a) Friable asbestos-containing material;

(b) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that has become friable;

(c) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will be or has been subjected to sanding, grinding, sawing, or abrading; or

(d) Category II non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will likely become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

VIII. “School asbestos abatement planning” means any of the following activities:

(a) The inspection of school buildings for asbestos-containing materials;

(b) The preparation of plans for asbestos abatement in schools, pursuant to P.L. 99-519; or

IX. “Structural member” means any beam, ceiling, floor, or wall.

Appendix D: Federal Definitions

40 CFR 61.141:

All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part.

Active waste disposal site means any disposal site other than an inactive site.

Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.

Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill.

Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations.

Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device.

Category I nonfriable asbestos-containing material (ACM) means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.

Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content.

Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.

Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.

Facility component means any part of a facility including equipment.

Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.

Fugitive source means any source of emissions not controlled by an air pollution control device.

Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).

Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling.

In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

Inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.

Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).

Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-tight.

Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.

Manufacturing means the combining of commercial asbestos—or, in the case of woven friction products, the combining of textiles containing commercial asbestos—with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.

Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.

Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Nonscheduled renovation operation means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock.

Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.

Particulate asbestos material means finely divided particles of asbestos or material containing asbestos.

Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.

Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.

Strip means to take off RACM from any part of a facility or facility components.

Structural member means any load-supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls.

Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.

Waste generator means any owner or operator of a source covered by this subpart whose act or process produces asbestos-containing waste material.

Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material.

Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

40 CFR 763, Subpart E, Appendix C:

I. A. 8. “Small-scale, short-duration activities (SSSD)” are tasks such as, but not limited to:

a. Removal of asbestos-containing insulation on pipes.

b. Removal of small quantities of asbestos-containing insulation on beams or above ceilings.

c. Replacement of an asbestos-containing gasket on a valve.

d. Installation or removal of a small section of drywall.

e. Installation of electrical conduits through or proximate to asbestos-containing materials.

SSSD can be further defined by the following considerations:

f. Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement.

g. Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag.

h. Minor repairs to damaged thermal system insulation which do not require removal.

i. Repairs to a piece of asbestos-containing wallboard.

j. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.

40 CFR 763.83

Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.

High-efficiency particulate air (HEPA) refers to a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 µm in diameter or larger.

School building means:

(1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.

(2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.

(3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

(4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of “school building” under paragraphs (1), (2), or (3).

(5) Any portico or covered exterior hallway or walkway.

(6) Any exterior portion of a mechanical system used to condition interior space.

29 CFR 1910.1001(b)

PACM means “presumed asbestos containing material.”

29 CFR 1926.1101(b)

Amended water means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

History

(See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34

Chapter Env-A 1900 Incinerators and Wood Waste Burners

Part Env-A 1901 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 1901.01 Purpose {#sec-env-a-1901.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1901.01}

The purpose of this chapter is to establish particulate matter and visible emission standards and operating practices for those incinerators and wood waste burners that are not specifically regulated pursuant to federal incinerator or waste combustor standards or any other chapter, part, or section of this subtitle.

History

#6483-B, eff 4-1-97 (formerly Env-A 1201); ss by #8294, eff 2-26-05; ss by #10317, eff 4-23-13; ss by #13697, eff 4-23-13; ss by #13697, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 1901.02 Applicability {#sec-env-a-1901.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1901.02}

(a) Except as provided in (b), below, this chapter shall apply to the owner or operator of any incinerator or wood waste burner.

(b) This chapter shall not apply to the owner or operator of an incinerator or wood waste burner that is subject to rules or plans authorized by and adopted in accordance with Section 129 of the Clean Air Act.

History

#10317, eff 4-23-13 (from Env-A 1902.01); ss by #13697, eff 7-22-23

Part Env-A 1902 Emission Standards for Incinerators

N.H. Code Admin. R. Ann. Env-A 1902.01 Visible Emission Standards {#sec-env-a-1902.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1902.01}

(a) The owner or operator shall not cause or allow visible emissions from incinerators or wood waste burners subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

History

#6483-B, eff 4-1-97 (formerly Env-A 1201); ss by #8294, eff 2-26-05; ss by #10317, eff 4-23-13; ss by #13697, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 1902.02 Particulate Matter Emission Standards {#sec-env-a-1902.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1902.02}

(a) The owner or operator of an incinerator shall not allow the incinerator to emit more than 0.675 grams per dry standard cubic meter (g/dscm), equivalent to 0.3 grains per dry standard cubic foot (grains/dscf), corrected to 7 percent oxygen (O2).

(b) The particulate matter emission rate shall be determined in accordance with Env-A 802.02.

History

#8294, eff 2-26-05; ss by #10317, eff 4-23-13; ss by #13697, eff 7-22-23 (formerly Env-A 1902.03)

Part Env-A 1903 Posting and Operator Requirements

N.H. Code Admin. R. Ann. Env-A 1903.01 Name Plate and Instruction Posting Requirements {#sec-env-a-1903.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1903.01}

(a) The owner or operator of an incinerator shall install the manufacturer’s name plate which lists the device’s model number and rated capacity and the types of waste for which the device is designed, in a conspicuous place on the device.

(b) The owner or operator of an incinerator shall post detailed instructions for the operation of the device in a conspicuous place near the device.

History

#6483-B, eff 4-1-97 (formerly Env-A 1201); ss by #8294, eff 2-26-05; ss by #10317, eff 4-23-13 (from Env-A 1906.01); ss by #13697, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 1903.02 Trained and Competent Operator Required {#sec-env-a-1903.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1903.02}

The owner or operator of an incinerator shall designate an individual who has been trained and is competent in the operation of the incinerator to be in charge of the device.

APPENDIX

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 1901 through Env-A 1903

RSA 125-C:6, II

History

#10317, eff 4-23-13 (from Env-A 1906.02); ss by #13697, eff 7-22-23

Chapter Env-A 2000 Fuel Burning Devices

Part Env-A 2001 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 2001.01 Purpose {#sec-env-a-2001.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2001.01}

The purpose of this chapter is to establish emission standards for particulate matter and visible emissions from stationary fuel burning devices pursuant to RSA 125-C:6, II.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss by #8331, eff 4-23-05; ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2001.02 Applicability {#sec-env-a-2001.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2001.02}

This chapter shall apply to the owner or operator of any stationary fuel burning device that is a source of particulate matter or visible emissions.

History

#8331, eff 4-23-05; ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

Part Env-A 2002 Visible Emissions

N.H. Code Admin. R. Ann. Env-A 2002.01 Visible Emission Standard For Fuel Burning Devices Installed on or before May 13, 1970 {#sec-env-a-2002.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2002.01}

Except as specified in Env-A 2002.04, below, the owner or operator shall not cause or allow average opacity from fuel burning devices installed on or before May 13, 1970 in excess of 40% for any continuous 6-minute period.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss and moved by #8331, eff 4-23-05 (from Env-A 2003.01); ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2002.02 Visible Emission Standard for Fuel Burning Devices Installed After May 13, 1970 {#sec-env-a-2002.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2002.02}

Except as specified in Env-A 2002.04, below, the owner or operator shall not cause or allow average opacity from fuel burning devices installed after May 13, 1970 in excess of 20% for any continuous 6-minute period.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss and moved by #8331, eff 4-23-05 (from Env-A 2003.02); ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2002.03 Replacement of Fuel Burning Devices {#sec-env-a-2002.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2002.03}

Whenever a fuel burning device installed on or before May 13, 1970 is replaced, the owner or operator shall operate within the limits established in Env-A 2002.02.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss and moved by #8331, eff 4-23-05 (from Env-A 2003.03); ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2002.04 Activities Exempt from Visible Emission Standards {#sec-env-a-2002.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2002.04}

(a) For those steam generating units subject to 40 CFR 60, no more than one of the following 2 exemptions shall be taken:

(1) During periods of startup, shutdown, and malfunction, average opacity shall be allowed to be in excess of 20% for one period of 6 continuous minutes in any 60-minute period; or

(2) During periods of normal operation, soot blowing, grate cleaning, and cleaning of fires, average opacity shall be allowed to be in excess of 20% but not more than 27% for one period of 6 continuous minutes in any 60-minute period.

(b) For those devices installed on or before May 13, 1970, having a gross heat input equal to or greater than 500 million BTU/hr, and equipped with automatic soot blowers, the average opacity shall be allowed to be in excess of 40% percent for a non-overlapping set or sets of time up to 60 minutes in any 8-hour period during startup, shutdown, malfunction, soot blowing, grate cleaning, and cleaning of fires.

(c) For those fuel burning devices not included in items (a) and (b), above, the average opacity shall be allowed to be in excess of those standards specified in Env-A 2002.01 and Env-A 2002.02 for one period of 6 continuous minutes in any 60-minute period during startup, shutdown, malfunction, soot blowing, grate cleaning, and cleaning of fires.

(d) Exceedances of the opacity standard shall not be considered violations of this chapter if the owner or operator demonstrates to the department that such exceedances were the result of the adherence to good boiler operating practices which, in the long term, results in the most efficient or safe operation of the boiler.

(e) Examples of activities that might cause exceedances of the opacity standard that shall not be considered violations include the following:

(1) Continuous soot blowing of the entire boiler tube sections over regular time intervals as determined by the operator and in conformance with good boiler operating practice; and

(2) Cold startup of a boiler over a continuous period of time resulting in efficient heat-up and stabilization of its operation and the expeditious achievement of normal operation of the unit.

(f) Exceedances of the opacity standard shall not be considered violations of this chapter if the source demonstrates to the department that such exceedances were the result of the occurrence of an unplanned incident in which the opacity exceedance was beyond the control of the operator and that in response to such an incident, the operator took appropriate steps in conformance with good boiler operating practice to eliminate the excess opacity as quickly as possible.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss and moved by #8331, eff 4-23-05 (from Env-A 2003.04); ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2002.05 Opacity Standards for Fuel Burning Devices Subject to 40 CFR 60 {#sec-env-a-2002.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2002.05}

In addition to the opacity standards and exemptions specified in this chapter, those fuel burning devices meeting the applicability requirements of 40 CFR 60 shall meet the applicable opacity standards specified therein.

History

#6505-B, eff 5-1-97 (formerly Env-A 1202); ss and moved by #8331, eff 4-23-05 (from Env-A 2003.05); ss by #10416, eff 9-24-13; ss by #13809, eff 11-18-23

Part Env-A 2003 Particulate Emissions

N.H. Code Admin. R. Ann. Env-A 2003.01 Particulate Emission Standards for Fuel Burning Devices Installed on or before May 13, 1970 {#sec-env-a-2003.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2003.01}

(a) The maximum allowable particulate matter emission rate for fuel burning devices installed on or before May 13, 1970 shall be as specified in accordance with (b), below, where:

(1) “E” means the maximum allowable particulate matter emission rate, measured as total suspended particulate matter (TSP) in lb/million BTU; and

(2) “I” means the maximum gross heat input rate in million BTU/hr.

(b) No owner or operator shall cause or allow emissions of particulate matter from fuel burning devices installed on or before May 13, 1970, to exceed the specified value of E, where:

(1) For devices for which I is less than 10, E shall be 0.60;

(2) For devices for which I is equal to or greater than 10,000, E shall be 0.19; and

(3) For devices for which I is equal to or greater than 10 but less than 10,000, E shall be calculated by raising I to the -0.166 power and multiplying the result by 0.880, as expressed mathematically in the formula below and as illustrated in Figure 2003-1, below:

E = 0.880 I-0.166

Figure 2003-1 Maximum Allowable Particulate Matter Emission Rate

for Fuel Burning Devices Installed on or before May 13, 1970.

History

#10416, eff 9-24-13 (formerly Env-A 2002.06); ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2003.02 Particulate Emission Standards for Fuel Burning Devices Installed after May 13, 1970 but before January 1, 1985 {#sec-env-a-2003.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2003.02}

(a) The maximum allowable particulate matter emission rate for fuel burning devices installed after May 13, 1970 but before January 1, 1985 shall be as specified in accordance with (b), below, where:

(1) “E” means the maximum allowable particulate matter emission rate, measured as TSP in lb/million BTU; and

(2) “I” means the maximum gross heat input rate in million BTU/hr.

(b) No owner or operator shall cause or allow emissions of particulate matter from fuel burning devices installed after May 13, 1970, but before January 1, 1985, to exceed the specified value of E, where:

(1) For devices for which I is less than 10, E shall be 0.60;

(2) For devices for which I is equal to or greater than 250, E shall be 0.10; and

(3) For devices for which I is equal to or greater than 10 but less than 250, E shall be calculated by raising I to the -0.234 power and multiplying the result by 1.028, as expressed mathematically in the formula below and illustrated in Figure 2003-2 below:

E = 1.028 I -0.234

Figure 2003-2 Maximum Allowable Particulate Matter Emission Rate for Fuel

Burning Devices Installed after May 13, 1970, but before January 1, 1985.

History

#10416, eff 9-24-13 (formerly Env-A 2002.07); ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2003.03 Particulate Emission Standards for Fuel Burning Devices Installed on or after January 1, 1985 {#sec-env-a-2003.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2003.03}

(a) The maximum allowable particulate matter emission rate for fuel burning devices installed on or after January 1, 1985 shall be as specified in (b), below, where:

(1) “E” means the maximum allowable particulate matter emission rate, measured as TSP in lb/million BTU; and

(2) “I” means the maximum gross heat input rate in million BTU/hr.

(b) No owner or operator shall cause or allow emissions of particulate matter from fuel burning devices installed on or after January 1, 1985, to exceed the specified value of E, where:

(1) For devices for which I is less than 100, E shall be 0.30;

(2) For devices for which I is equal to or greater than 100 but less than 250, E shall be 0.15; and

(3) For devices for which I is equal to or greater than 250, E shall be 0.10.

History

#10416, eff 9-24-13 (formerly Env-A 2002.08); ss by #13809, eff 11-18-23

N.H. Code Admin. R. Ann. Env-A 2003.04 Determining Compliance with Particulate Emissions Standards {#sec-env-a-2003.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2003.04}

The owner or operator of a fuel burning device shall determine compliance with the particulate matter emission standards specified in this part using the stack testing requirements specified in Env-A 802.02.

Appendix

Rule

Statute Implemented

Env-A 2001.01

RSA 125-C:6, II

Env-A 2001.02

RSA 125-C:6, II

Env-A 2002.01 - Env-A 2002.05

RSA 125-C:6, II

Env-A 2003.01 - Env-A 2003.04

RSA 125-C:6, II

History

#10416, eff 9-24-13 (formerly Env-A 2002.10); ss by #13809, eff 11-18-23

Chapter Env-A 2100 Particulate Matter and Visible Emissions Standards

Part Env-A 2101 Purpose

N.H. Code Admin. R. Ann. Env-A 2101.01 Purpose {#sec-env-a-2101.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2101.01}

The purpose of this chapter is to establish emission standards for particulate matter and visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section of this subtitle.

History

#6428-B, eff 1-18-97 (formerly Env-A 1203); ss by #8215, eff 11-24-04; ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2101.02 Applicability {#sec-env-a-2101.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2101.02}

The rules in this chapter shall apply within New Hampshire as specified in Env-A 2102.01 and Env-A 2103.01.

History

#10314, eff 4-23-13; ss by #13693, eff 7-22-23

Part Env-A 2102 Emission Standards for Particulate Matter

N.H. Code Admin. R. Ann. Env-A 2102.01 Applicability {#sec-env-a-2102.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2102.01}

(a) Subject to (b), below, this part shall apply to any stationary source or device that is a source of particulate matter emissions discharged to the ambient air through a stack or through an exhaust and ventilation system.

(b) Those sources of particulate matter emissions that are governed specifically by other chapters, parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections.

History

#6428-B, eff 1-18-97 (formerly Env-A 1203); ss by #8215, eff 11-24-04 (from Env-A 2103); ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2102.02 Definitions {#sec-env-a-2102.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2102.02}

“Exhaust and ventilation system” means any system that removes and transports particulate matter from the point of generation to the ambient air.

History

#8215, eff 11-24-04 (from Env-A 2103); ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2102.03 Emission Standards for Particulate Matter {#sec-env-a-2102.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2102.03}

(a) For any stationary source or device installed after February 18, 1972, the owner or operator shall not cause or allow the emission of particulate matter at such source or device to exceed the emission standards specified for “New Devices” as listed in Table 2102-1, in (c), below.

(b) For any stationary source or device installed prior to or on February 18, 1972, the owner or operator shall not cause or allow the emission of particulate matter at such source or device to exceed the emission standards specified for “Existing Devices” as listed in Table 2102-1, in (c), below.

Table 2102-1 Particulate Matter Emission Standards

Process Weight Rate

(tons per hour)

Emission Standard for “New Devices”

(pounds per hour)

Emission Standard for “Existing Devices”

(pounds per hour)

0.025

0.36

0.43

0.05

0.55

0.68

0.25

1.53

1.99

0.5

2.58

3.17

2.5

7.58

9.35

12.0

14.85

19.2

23.62

40.0

49.31

42.5

51.03

46.3

55.55

49.0

58.88

100

51.2

61.53

500

69.0

82.75

1,000

77.6

93.11

History

#8215, eff 11-24-04 (from Env-A 2103); ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2102.04 Calculation of Particulate Matter Emission Standards {#sec-env-a-2102.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2102.04}

(a) Where the process weight rate is not explicitly listed in Table 2102-1, the maximum allowable particulate matter emission rate shall be calculated using the applicable equation in (b) or (c), below, where:

(1) “E” means the maximum allowable particulate matter emission rate in pounds per hour (lb/hr); and

(2) “P” means the process weight rate in tons per hour (tons/hr).

(b) For a stationary source or device installed prior to or on February 18, 1972, if the process weight rate is:

(1) Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 5.05, as shown in the formula below:

E = 5.05 P0.67

(2) In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 66.0, and then 48 shall be subtracted from that result, as shown in the formula below:

E = 66.0 P0.11 - 48

(1) Up to 30 tons/hr, P shall be raised to the 0.67 power and multiplied by 4.10, as in the formula below:

E = 4.10 P0.67

(2) In excess of 30 tons/hr, P shall be raised to the 0.11 power and multiplied by 55.0, and then 40 shall be subtracted from that result, as in the formula below:

E = 55.0 P0.11 - 40

History

#8215, eff 11-24-04 (from Env-A 2103); ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

Part Env-A 2103 Visible Emission Standards

N.H. Code Admin. R. Ann. Env-A 2103.01 Applicability {#sec-env-a-2103.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2103.01}

(a) Subject to (b), below, this part shall apply to any stationary source or device that is a source of visible emissions.

(b) Those sources of visible emissions that are governed specifically by other chapters, parts, or sections of this subtitle shall be controlled by those particular chapters, parts, or sections.

History

#6428-B, eff 1-18-97 (formerly Env-A 1203); ss by #8215, eff 11-24-04 (formerly Env-A 2107); ss by #10314, eff 4-23-13; ss by #13693, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2103.02 Visible Emission Standards {#sec-env-a-2103.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2103.02}

(a) The owner or operator shall not cause or allow visible emissions from any stationary source or device subject to this part to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

APPENDIX

Provision of the Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 2101

RSA 125-C:6, II

Env-A 2102

RSA 125-C:6, II

Env-A 2103

RSA 125-C:6, II

History

#6428-B, eff 1-18-97 (formerly Env-A 1203); ss by #8215, eff 11-24-04 (formerly Env-A 2107); ss by #10314, eff 4-23-13

Chapter Env-A 2300 Mitigation of Regional Haze

Part Env-A 2301 Purpose; Applicability; Definitions

N.H. Code Admin. R. Ann. Env-A 2301.01 Purpose {#sec-env-a-2301.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2301.01}

The purpose of this chapter is to establish emission standards for sulfur dioxide (SO2), nitrogen oxides (NOx), and total suspended particulate matter (TSP) at certain fossil-fuel-fired and biomass-fired steam generating units in order to reduce emissions that contribute to regional haze. These rules are necessary to ensure compliance with §169A of the Act and regional haze program requirements established at 40 CFR 51.308, including but not limited to the provisions for best available retrofit technology (BART).

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 2301.02 Applicability {#sec-env-a-2301.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2301.02}

This chapter shall apply to:

(a) Any fossil-fuel-fired steam generating unit having a maximum heat input rate of more than 1,000 million BTUs per hour that existed as of August 7, 1977 that has either a:

(1) Cyclone-firing, wet-bottom boiler fueled by coal or any combination of fuels using coal; or

(2) Tangential-firing, dry-bottom boiler fueled by oil or gas or any combination of oil or gas; and

(b) Any spreader stoker type, biomass boiler having a heat input rate of more than 400 million BTUs per hour that existed as of January 1, 1990, provided that compliance shall be determined beginning on the 2021 effective date of this chapter.

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 2301.03 Definitions {#sec-env-a-2301.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2301.03}

(a) “Best available retrofit technology (BART)” means “best available retrofit technology” as defined in 40 CFR 51.301, reprinted in Appendix B.

(b) “Biomass” means “biomass” as defined in RSA 125-C:2, III-a, reprinted in Appendix C.

(d) “Gas” means “gas or gaseous fuel” as defined in Env-A 1302, reprinted in Appendix C.

(e) “Maximum heat input rate” means “maximum heat input rate” as defined in Env-A 1302, reprinted in Appendix C.

(f) “Oil” means any petroleum-based liquid fuel oil, including distillate and residual fuel oils.

(g) “Regional haze” means “regional haze” as defined in 40 CFR 51.301, reprinted in Appendix B.

(h) “Stack test” means the sampling, analysis, and reporting of emissions from a stationary point source in accordance with testing procedures specified in Env-A 800. The term includes “performance test”.

(i) “Total suspended particulate matter (TSP)” means particulate matter as measured by the “Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method)” specified in Appendix B of 40 CFR Part 50.

(j) “Visibility impairment” means “visibility impairment” as defined in 40 CFR 51.301, reprinted in Appendix B.

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

Part Env-A 2302 Emission Standards for Mitigation of Regional Haze

N.H. Code Admin. R. Ann. Env-A 2302.01 Emission Standards Applicable to Cyclone-Firing, Wet-Bottom Boilers {#sec-env-a-2302.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2302.01}

(a) For any cyclone-firing, wet-bottom boiler subject to this chapter whose maximum heat input rate is less than or equal to 3,000 million BTUs per hour, the following emission rates shall apply:

(1) SO2 emissions shall not exceed limitations specified in permit conditions established in accordance with Env-A 600, as recorded by a continuous emissions monitoring system (CEMS) as specified in Env-A 2303;

(2) NOx emissions shall not exceed the limitations for wet-bottom utility boilers specified in Env-A 1303, as recorded by a CEMS as specified in Env-A 2303; and

(3) TSP emissions shall not exceed 0.08 pound (lb.) per million BTUs, demonstrated by completion of periodic stack tests as specified in Env-A 2304.01(b) on the outlet side of the final emission control device.

(b) For any cyclone-firing, wet-bottom boiler subject to this chapter whose maximum heat input rate is greater than 3,000 million BTUs per hour, the following emission rates shall apply:

(1) SO2 emissions shall not exceed limitations specified in permit conditions established in accordance with Env-A 600, as recorded by a CEMS as specified in Env-A 2303;

(2) NOx emissions shall not exceed the limitations for wet-bottom utility boilers specified in Env-A 1303, as recorded by a CEMS as specified in Env-A 2303; and

(3) TSP emissions shall not exceed 0.08 lb. per million BTUs, demonstrated by completion of periodic stack tests as specified in Env-A 2304.01(b) on the outlet side of the final emission control device.

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 2302.02 Emission Standards Applicable to Tangential-Firing, Dry-Bottom Boilers {#sec-env-a-2302.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2302.02}

For any tangential-firing, dry-bottom boiler subject to this chapter, the following emission rates shall apply:

(a) SO2 emissions shall not exceed 0.50 lb. per million BTUs on a 30-day rolling average basis, as recorded by a CEMS as specified in Env-A 2303;

(b) NOx emissions shall not exceed limitations specified in permit conditions established in accordance with Env-A 600, as recorded by a CEMS as specified in Env-A 2303; and

(c) TSP emissions shall not exceed 0.04 lb. per million BTUs, demonstrated by completion of stack tests as specified in Env-A 2304.02.

History

#9846, eff 1-8-11; amd by #10727, eff 11-22-14; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 2302.03 Emission Standards Applicable to Spreader Stoker Type, Biomass Boilers {#sec-env-a-2302.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2302.03}

For any spreader stoker type, biomass boiler subject to this chapter, the following emission rates shall apply:

(a) NOx emissions shall not exceed 0.085 lb. per million BTUs on a 24-hr calendar day average basis, as recorded by a CEMS as specified in Env-A 2303; and

(b) NOx emissions shall not exceed 0.075 lb. per million BTUs on a 30-day rolling average basis, as recorded by a CEMS as specified in Env-A 2303.

History

#13254, eff 8-25-21

Part Env-A 2303 Continuous Emissions Monitoring Systems

N.H. Code Admin. R. Ann. Env-A 2303.01 Requirements for Continuous Emissions Monitoring Systems {#sec-env-a-2303.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2303.01}

The owner or operator of a source whose emissions are required to be monitored and recorded by a CEMS as provided in Env-A 2302.01, Env-A 2302.02, or Env-A 2302.03 shall:

(a) Install, calibrate, operate, maintain, and perform quality assurance testing of the CEMS in accordance with Env-A 800;

(b) For sources subject to a 30-day rolling average, calculate in accordance with the method specified in Env-A 800;

(c) Comply with methods of compliance determinations specified in permit conditions established in accordance with Env-A 600; and

(d) Comply with recordkeeping requirements for CEMS specified in Env-A 900.

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

Part Env-A 2304 Performance Testing

N.H. Code Admin. R. Ann. Env-A 2304.01 Performance Testing Requirements Applicable to Cyclone-Firing, Wet-Bottom Boilers {#sec-env-a-2304.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2304.01}

For any cyclone-firing, wet-bottom boiler subject to this chapter, performance tests for TSP emissions shall be conducted in accordance with Env-A 800, subject to the following:

(a) Beginning on the later of July 1, 2015 or the date a source becomes subject to this chapter, stack tests shall be conducted every 3 years; and

(b) At any facility where an affected unit shares a common stack with a second affected unit, the stack emissions shall be tested as from one source, by either of the following methods:

(1) With both units operating simultaneously, a stack test on the combined emissions from both units, or

(2) With one unit operating at a time, separate stack tests on the emissions from each unit.

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 2304.02 Performance Testing Requirements Applicable to Tangential-Firing, Dry-Bottom Boilers {#sec-env-a-2304.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2304.02}

For any tangential-firing, dry-bottom boiler subject to this chapter, performance tests shall be conducted in accordance with Env-A 800.

Appendix A: State Statutes, Federal Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statute/Regulation Implemented

Env-A 2300

RSA 125-C:1;RSA 125-C:6, XIV

42 U.S.C. §7491; 40 CFR §51.308

Appendix B: Federal Definitions

40 CFR § 51.301

Best Available Retrofit Technology (BART) means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

Regional haze means visibility impairment that is caused by the emission of air pollutants from numerous anthropogenic sources located over a wide geographic area. Such sources include, but are not limited to, major and minor stationary sources, mobile sources, and area sources.

Visibility impairment or anthropogenic visibility impairment means any humanly perceptible difference due to air pollution from anthropogenic sources between actual visibility and natural visibility on one or more days. Because natural visibility can only be estimated or inferred, visibility impairment also is estimated or inferred rather than directly measured.

Appendix c: state Definitions

RSA 125-C: 2

III-a. “Biomass” means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in RSA 149-M:4, IV-a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to rehabilitate a contaminated or brownfields site through a process known as “phytoremediation.”

Env-A 1302

History

#9846, eff 1-8-11; ss by #12766, eff 5-1-19; ss by #13254, eff 8-25-21

N.H. Code Admin. R. Ann. Env-A 1302.07 Coal {#sec-env-a-1302.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.07}

N.H. Code Admin. R. Ann. Env-A 1302.20 Gas or gaseous fuel {#sec-env-a-1302.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.20}

N.H. Code Admin. R. Ann. Env-A 1302.30 Maximum heat input rate {#sec-env-a-1302.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 1302.30}

Chapter Env-A 2400 Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations

Part Env-A 2401 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 2401.01 Purpose {#sec-env-a-2401.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2401.01}

The purpose of this chapter is to establish emissions standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13; ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2401.02 Applicability {#sec-env-a-2401.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2401.02}

This chapter shall apply to each ferrous or non-ferrous foundry, smelter, or investment casting operation in New Hampshire.

History

#10315, eff 4-23-13; ss by #13694, eff 7-22-23

Part Env-A 2402 Ferrous Foundries Installed Prior to or on May 12, 1971

N.H. Code Admin. R. Ann. Env-A 2402.01 Emission Standards for Ferrous Foundries Installed Prior to or On May 12, 1971 {#sec-env-a-2402.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2402.01}

For any ferrous foundry installed prior to or on May 12, 1971, the owner or operator shall not cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for “Existing Devices” in Table 2102-1.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2403.01); ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2402.02 Visible Emissions Standards for Ferrous Foundries Installed Prior to or On May 12, 1971 {#sec-env-a-2402.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2402.02}

(a) The owner or operator shall not cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed prior to or on May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

History

#10315, eff 4-23-13m (from Env-A 2403.02); ss by #13694, eff 7-22-23

Part Env-A 2403 Ferrous Foundries Installed After May 12, 1971

N.H. Code Admin. R. Ann. Env-A 2403.01 Emission Standards for Ferrous Foundries Installed After May 12, 1971 {#sec-env-a-2403.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2403.01}

(a) For any ferrous foundry installed after May 12, 1971, the owner or operator shall not cause or allow the emission of particulate matter, including fumes, to exceed those emission standards specified for “New Devices” in Table 2102-1.

(b) For any ferrous foundry installed or modified after June 15, 1974, in addition to those requirements stated in (a), above, the owner or operator shall not cause or allow such a foundry to discharge into the ambient air any gas which contains particulate matter in excess of 50 milligrams per dry standard cubic meter, or 0.022 grains per dry standard cubic foot.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2404.01); ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2403.02 Visible Emission Standards for Ferrous Foundries Installed After May 12, 1971 {#sec-env-a-2403.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2403.02}

(a) The owner or operator shall not cause or allow visible fugitive emissions or visible stack emissions for any ferrous foundry installed after May 12, 1971 to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff #10315, eff 4-23-13 (from Env-A 2404.02); ss by #13694, eff 7-22-23

Part Env-A 2404 Non-Ferrous Foundries, Smelters, or Investment Castings

N.H. Code Admin. R. Ann. Env-A 2404.01 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed Prior to or On February 18, 1972 {#sec-env-a-2404.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2404.01}

Subject to Env-A 2404.03, below, for any non-ferrous foundry, smelter, or investment casting source installed prior to or on February 18, 1972, the owner or operator shall not cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for “Existing Devices” in Table 2102-1.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2405.01); ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2404.02 Non-Sulfur Emission Standards For Non-Ferrous Foundries, Smelters, and Investment Casting Operations Installed After February 18, 1972 {#sec-env-a-2404.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2404.02}

Subject to Env-A 2405.03, below, for any non-ferrous foundry, smelter, or investment casting operation installed after February 18, 1972, the owner or operator shall not cause or allow the emission of particulate matter, including fumes, to exceed the emission standards specified for “New Devices” in Table 2102-1.

History

#6428-B, eff 1-18-97 (formerly Env-A 1206); ss by #8214, eff 11-24-04; ss by #10315, eff 4-23-13 (from Env-A 2406.01); ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2404.03 Calculations of Sulfur Dioxide Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations {#sec-env-a-2404.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2404.03}

(a) For sulfur dioxides, the maximum allowable particulate matter emission rate from non-ferrous foundries, smelters, or investment casting operations shall be calculated by the applicable equation in (b) through (d), below, where:

(1) “X” means the total sulfur, CAS number 7704-34-9, burned in the smelter in pounds per hour; and

(2) “Y” means the emission of sulfur dioxide, CAS number 7446-09-5, in pounds per hour;

(b) For copper from smelters, CAS number 7440-50-8, multiply X by 0.2, as shown in the formula below:

Y = 0.2X

(c) For zinc from smelters, CAS number 7440-66-6, raise X to the 0.85 power and multiply the result by 0.564, as shown in the formula below:

Y = 0.564 X0.85

(d) For lead from smelters, CAS number 7439-92-1, raise X to the 0.77 power, and multiply the result by 0.98, as shown in the formula below:

Y = 0.98 X0.77

History

#10315, eff 4-23-13 (from Env-A 2405.02); ss by #13694, eff 7-22-23

N.H. Code Admin. R. Ann. Env-A 2404.04 Visible Emission Standards for Non-Ferrous Foundries, Smelters, or Investment Casting Operations {#sec-env-a-2404.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2404.04}

(a) The owner or operator shall not cause or allow visible fugitive emissions or visible stack emissions for any non-ferrous foundry, smelter, or investment casting to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

Appendix

Provision of the Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 2401

RSA 125-C:6, II

Env-A 2402

RSA 125-C:6, II

Env-A 2403

RSA 125-C:6, II

Env-A 2404

RSA 125-C:6, II

History

#10315, eff 4-23-13 (from Env-A 2405.03); ss by #13694, eff 7-22-23

Chapter Env-A 2700 Hot Mix Asphalt Plants

Part Env-A 2701 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 2701.01 Purpose {#sec-env-a-2701.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2701.01}

The purpose of this chapter is to establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants.

History

#6428-B, eff 1-18-97 (formerly Env-A 1209); ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13; ss by #13492, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 2701.02 Applicability {#sec-env-a-2701.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2701.02}

This chapter shall apply to each hot mix asphalt plant operated in New Hampshire.

History

#10272, eff 2-16-13; ss by #13492, eff 11-19-22

Part Env-A 2702 Emission Standards for Hot Mix Asphalt Plants

N.H. Code Admin. R. Ann. Env-A 2702.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants {#sec-env-a-2702.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2702.01}

The owner or operator of a hot mix asphalt plant shall not cause or allow emissions of particulate matter from the hot mix asphalt plant to exceed 90 milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot.

History

#6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13 (from Env-A 2703.01); ss by #13492, eff 11-19-22

N.H. Code Admin. R. Ann. Env-A 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants {#sec-env-a-2702.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2702.02}

(a) The owner or operator of a hot mix asphalt plant shall not cause or allow visible fugitive emissions or visible stack emissions to exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

History

#10272, eff 2-16-13 (from Env-A 2703.02); ss by #13492, eff 11-19-22

Part Env-A 2703 Fugitive Emission Control System for Hot Mix Asphalt Plants

N.H. Code Admin. R. Ann. Env-A 2703.01 Fugitive Emission Control System Required {#sec-env-a-2703.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2703.01}

(a) The owner or operator of a hot mix asphalt plant shall not operate the plant unless it is equipped with a fugitive emission control system that is operated and maintained to prevent the emission of particulate matter from any point other than the stack outlet.

(b) The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

(1) Overflow chutes;

(2) Aggregate cold feed bins;

(3) Feeders; and

(4) Aggregate conveyors.

History

#6428-B, eff 1-18-97 (formerly Env-A 1209); ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13 (from Env-A 2704.01); ss by #13492, eff 11-19-22

Part Env-A 2704 Fugitive Dust Control Within the Plant Property

N.H. Code Admin. R. Ann. Env-A 2704.01 Fugitive Dust Control Within Plant Property {#sec-env-a-2704.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2704.01}

(a) The owner or operator of a hot mix asphalt plant shall control the emission of dust caused by vehicular movement within the plant property boundaries using methods that include, but are not limited to, paving or wetting the roadway.

(b) The owner or operator of a hot mix asphalt plant shall control emissions of dust from ancillary devices and sources, such as overflow chutes, aggregate cold feed bins, feeders, aggregate conveyors, and stockpiles, using methods that include, but are not limited to, wet suppression, windbreaks, enclosures, or soil stabilization.

Appendix

Provision of the Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 2701

RSA 125-C:6, II

Env-A 2702

RSA 125-C:6, II

Env-A 2703

RSA 125-C:6, II

Env-A 2704

RSA 125-C:6, II

History

#6428-B, eff 1-18-97 (formerly Env-A 1209); ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13 (formerly Env-A 2705.01); ss by #13492, eff 11-19-22

Chapter Env-A 2800 Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete Sources

Part Env-A 2801 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 2801.01 Purpose {#sec-env-a-2801.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2801.01}

The purpose of this chapter is to establish:

(a) Standards for particulate matter emissions and visible emissions for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources;

(b) Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources; and

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2801.02 Applicability {#sec-env-a-2801.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2801.02}

This chapter shall apply to any:

(a) Sand and gravel source;

(b) Non-metallic mineral processing plant; and

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10 (from Env-A 2802.01); ss by #12693, eff 12-22-18

Part Env-A 2802 Definitions

N.H. Code Admin. R. Ann. Env-A 2802.01 Affected equipment {#sec-env-a-2802.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.01}

“Affected equipment” means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2802.02 Affected facility {#sec-env-a-2802.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.02}

“Affected facility” means a non-metallic mineral processing plant other than the following:

(a) A facility located in an underground mine;

(b) A wet material processing operation;

(d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and

(e) A common clay plant or pumice plant with a capacity of 10 tons per hour or less.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2802.03 Electronic means {#sec-env-a-2802.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.03}

“Electronic means” means the method of sending documents, including but not limited to reports and notifications, to the department by fax, as an email or an attachment to an email, or through an electronic reporting system designed and intended to be used for submitting documents electronically to the department.

History

#12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2802.04 Non-metallic mineral processing plant {#sec-env-a-2802.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.04}

“Non-metallic mineral processing plant” means any combination of equipment used to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, or vermiculite. The term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, convey, size, or blend the processed material.

History

#9793, eff 10-1-10 (formerly Env-A 101.166); ss by #12693, eff 12-22-18 (formerly Env-A 2802.03)

N.H. Code Admin. R. Ann. Env-A 2802.05 Sand and gravel source {#sec-env-a-2802.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.05}

“Sand and gravel source” means any source at which drying, mixing, conveying, sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and auxiliaries used to dry, mix, convey, size, or blend such materials. The term does not include any equipment or activities related to grinding or crushing.

History

#9793, eff 10-1-10); ss by #12693, eff 12-22-18 (formerly Env-A 2802.04)

N.H. Code Admin. R. Ann. Env-A 2802.06 Submit in writing {#sec-env-a-2802.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.06}

“Submit in writing” means to submit required information in documents, including but not limited to reports and notifications, to the department using electronic means, U.S. Postal Service mail, or private delivery service.

History

#12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2802.07 Successful compliance test {#sec-env-a-2802.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2802.07}

“Successful compliance test” means a completed test that is performed for the purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the requirement(s) for which the test is conducted.

History

#12693, eff 12-22-18 (formerly Env-A 2802.05)

Part Env-A 2803 Requirements for Non-Metallic Mineral Processing Plants

N.H. Code Admin. R. Ann. Env-A 2803.01 Visible Emission and Particulate Matter Standards for Non-Metallic Mineral Processing Plants {#sec-env-a-2803.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2803.01}

(a) A non-metallic mineral processing plant that is an affected facility shall comply with the visible emission and particulate matter standards specified in 40 CFR 60, subpart OOO, regardless of when construction, modification, or reconstruction of the plant commenced, provided, however, that the differentiation in subpart OOO between affected facilities that commenced construction, modification, or reconstruction prior to April 22, 2008 and those that commenced construction, modification, or reconstruction on or after April 22, 2008 shall still apply.

(b) The owner or operator of a non-metallic mineral processing plant that is not an affected facility shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute period at crushers, transfer points, or screens.

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2803.02 Compliance Testing Requirements for Non-Metallic Mineral Processing Plants {#sec-env-a-2803.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2803.02}

(a) The owner or operator of an affected facility shall conduct a successful compliance test on the affected facility or specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of achieving the maximum production rate at which the affected facility or affected equipment will be operated or 180 days after startup, whichever is sooner.

(b) In addition to the compliance test required by (a), above, the owner or operator of an affected facility shall conduct a successful compliance test:

(1) Within 60 days after changing the method of dust suppression used at the affected facility;

(2) Within 60 days after achieving the maximum production rate at which the affected equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or operator replaces a piece of affected equipment; or

(3) If the test is otherwise required by 40 CFR 60 subpart OOO.

(c) The owner or operator of an affected facility shall not be required to conduct a compliance test solely because the location of the affected facility has changed.

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants {#sec-env-a-2803.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2803.03}

The owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is equipped with a fugitive emission control system that is operated and maintained to control the emission of particulate matter.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

Part Env-A 2804 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block Sources

N.H. Code Admin. R. Ann. Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block Sources {#sec-env-a-2804.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2804.01}

(a) Neither visible fugitive emissions nor visible stack emissions from a cement, ready mix concrete, or cement block source shall exceed an average of 20 percent opacity for any continuous 6-minute period.

(b) Opacity shall be determined in accordance with Env-A 807.

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10; ss by #12693, eff 12-22-18

Part Env-A 2805 Fugitive Dust Control for All Sources

N.H. Code Admin. R. Ann. Env-A 2805.01 Fugitive Dust Control for All Sources {#sec-env-a-2805.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2805.01}

(a) For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from vehicular movement within the plant property boundaries by using fugitive dust control methods such as paving or wetting the roadways.

(b) For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, enclosures, or soil stabilization.

History

#6428-B, eff 1-18-97 (formerly Env-A 1210); ss by #8218, eff 11-24-04; ss by #9793, eff 10-1-10; ss by #12693, eff 12-22-18

Part Env-A 2806 Permit-by-Notification for Non-Metallic Mineral Processing Plants

N.H. Code Admin. R. Ann. Env-A 2806.01 Permit-By-Notification Required {#sec-env-a-2806.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.01}

Prior to operating any non-metallic mineral processing plant, the owner or operator shall obtain:

(a) A standard permit, as specified in Env-A 600; or

(b) A permit-by-notification, as specified in this part.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.02 Permit-By-Notification Procedures {#sec-env-a-2806.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.02}

(a) To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing plant shall submit the information required by Env-A 2806.04 in writing to the department, together with the signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06. The filing shall constitute a permit application for the plant.

(b) The department shall issue a permit-by-notification for a non-metallic mineral processing plant if:

(1) The applicant has submitted all required information and the required fee; and

(2) The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, Env-A 2805, and Env-A 2806.

(c) Within 10 days after initial startup of an affected facility, the owner or operator shall notify the department in writing by electronic means, U.S. Postal Service (USPS) mail, or private delivery service of the actual date of startup.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.03 Notification of Changes Required {#sec-env-a-2806.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.03}

(a) Within 10 days after a permit-by-notification facility has commenced operation in a location other than that identified in the information submitted pursuant to Env-A 2806.02, the owner or operator shall submit in writing to the department a location change notice that contains the information listed in (c), below.

(b) At the same time the information is submitted to the department, the owner or operator shall send a copy of the written information to the town where the facility was previously located and to the town in which the facility is now located, if different.

(1) The unique facility identification assigned by the department in the initial permit-by-notification;

(2) The physical location from which the facility was moved; and

(3) The physical location to which the facility was moved.

(d) Within 10 days after the replacement of any affected equipment, the owner or operator shall submit in writing to the department a notification that contains:

(1) The information specified in 40 CFR 60.676(a)(1), (2), (3), and (4), as applicable; and

(2) The date on which testing of the new equipment will be conducted.

(e) Any notice filed pursuant to (a) or (d), above, shall be signed as specified in Env-A 2806.05.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.04 Application Content {#sec-env-a-2806.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.04}

The applicant for a permit-by-notification for nonmetallic mineral processing plants shall submit in writing to the department the following information:

(a) The name, mailing address, daytime telephone number including area code, and email address of the owner or operator, and, if an email address is not available, a fax number for the person;

(b) The name or identification number, or both, the owner or operator uses to identify the plant;

(d) Any previous permit number;

(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per year;

(f) A list of all affected equipment at the plant, not including any energy-generating devices;

(g) For each listed piece of equipment, the following:

(1) A description and the name or identification number, or both, the owner or operator uses to identify the equipment;

(2) The manufacturer and serial number, if available;

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station in tons per hour;

(4) The total surface area of the top screen of each screening operation;

(5) The width of each conveyor belt;

(6) The rated capacity in tons of each storage bin; and

(7) The date of:

a. Initial construction or installation in New Hampshire;

b. The most recent modification, if any;

c. The most recent replacement, if any; and

d. The most recent successful compliance test, if any;

(h) For a new or modified non-metallic mineral processing plant or for one that has never been tested, the date(s) on which compliance testing will be conducted; and

(i) A brief explanation of the methods that will be used to control emissions and fugitive dust.

History

#9793, eff 10-1-10 (formerly Env-A 1710.04); ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.05 Signature and Certification {#sec-env-a-2806.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.05}

(a) The owner or operator of the non-metallic mineral processing plant shall sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03.

(b) The signature of the owner or operator shall constitute certification that:

(1) The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, subpart OOO;

(2) The owner or operator understands and will comply with the requirements;

(3) The owner or operator has notified the clerk of the town or city in which the facility is located of its pending operation;

(4) All information filed is true, complete, and not misleading to the knowledge and belief of the signer; and

(5) The signer understands that:

a. Any permit-by-notification issued based on false, incomplete, or misleading information is subject to revocation; and

b. The signer is subject to the penalties for falsification in official matters currently specified in RSA 641.

History

#9793, eff 10-1-10); ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.06 Application Fee {#sec-env-a-2806.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.06}

The applicant shall pay an application fee of $1,000 with the permit-by-notification application.

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

N.H. Code Admin. R. Ann. Env-A 2806.07 Recordkeeping and Reporting {#sec-env-a-2806.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2806.07}

(a) The owner or operator of a non-metallic mineral processing plant shall retain records for a minimum of 5 years on:

(1) The total quantity of all materials processed on an annual basis; and

(2) The results of all performance testing conducted to determine compliance with the standards specified in Env-A 2803, including 40 CFR 60, subpart OOO.

(b) The owner or operator of a non-metallic mineral processing plant shall submit to the department the results of any performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart OOO, within 60 days of the test.

Appendix: State Statute(s) and Federal Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Regulations Implemented

Env-A 2801

RSA 125-C:6, II

Env-A 2802

RSA 125-C:6, II

Env-A 2803

RSA 125-C:6, II

40 CFR 60.675; 40 CFR 60 subpart OOO

Env-A 2804

RSA 125-C:6, II

Env-A 2805

RSA 125-C:6, II

Env-A 2806 (also see specific section below)

RSA 125-C:11, III-c

40 CFR 60.676(a)(1), (2), (3), and (4)

40 CFR 60 subpart OOO

Env-A 2806.06

RSA 125-C:12, IV-c

History

#9793, eff 10-1-10; ss by #12693, eff 12-22-18

Chapter Env-A 2900 Sulfur Dioxide and Nitrogen Oxides Annual Budget Trading and Banking Program

Part Env-A 2901 Purpose; Applicability; References

N.H. Code Admin. R. Ann. Env-A 2901.01 Purpose {#sec-env-a-2901.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2901.01}

The purpose of this chapter is to reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) by establishing:

(a) New Hampshire’s SO2 and NOx annual budget trading and banking program;

(b) The method for allocating allowances under that program; and

(c) The requirements for emissions monitoring, recordkeeping, reporting, and automatic deduction of allowances to offset excess emissions.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2901.02 Applicability {#sec-env-a-2901.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2901.02}

(a) This chapter shall apply to affected sources as defined in RSA 125-O:2, I, namely “existing fossil fuel burning steam power plant units in this state, specifically Merrimack Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington, excluding any of these units that may be repowered.”

(b) Because Schiller Unit 5 commenced operation after repowering on October 20, 2006, that unit shall not be subject to this chapter.

History

#10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2901.03 References {#sec-env-a-2901.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2901.03}

For the purpose of this chapter, unless otherwise specified all references to 40 CFR 72 and 40 CFR 75 shall be to the July 1, 2019 edition.

History

#10002, eff 10-1-11; ss by #12995, eff 2-25-20

Part Env-A 2902 Definitions

N.H. Code Admin. R. Ann. Env-A 2902.01 Account number {#sec-env-a-2902.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.01}

“Account number” means the identification number assigned by the allowance tracking system (ATS) administrator to an account in which allowances are held in the ATS.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.02 Account {#sec-env-a-2902.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.02}

“Account” means the place in the ATS where allowances are recorded that includes one or more of the following:

(a) A compliance account;

(b) A general account; and

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.03 Acquiring account {#sec-env-a-2902.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.03}

“Acquiring account” means the account of the participant in an allowance transfer who obtains allowances through purchase, trade, or gift, or at auction.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2903.03); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.04 Affected sources {#sec-env-a-2902.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.04}

“Affected sources” means “affected sources” as defined in RSA 125-O:2, I, reprinted in Appendix B, subject to the exception noted in Env-A 2901.02(b).

History

#10002, eff 10-1-11 (from Env-A 2903.04); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.05 Allocate {#sec-env-a-2902.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.05}

“Allocate” means the initial assignment of allowances to an affected source through this chapter which is recorded by the ATS administrator to an ATS account. The term includes “allocation.”

History

#10002, eff 10-1-11 (from Env-A 2903.05); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.06 Allowance {#sec-env-a-2902.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.06}

“Allowance” means “allowance” as defined in RSA 125-O:2, II, reprinted in Appendix B, except that for purposes of this chapter, the term does not include mercury or carbon dioxide (CO2) .

History

#10002, eff 10-1-11 (from Env-A 2903.06); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.07 Allowance deduction {#sec-env-a-2902.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.07}

“Allowance deduction” means the withdrawal of allowances by the ATS administrator from an ATS account for permanent retirement.

History

#10002, eff 10-1-11 (from Env-A 2903.07); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.08 Allowance tracking system (ATS) {#sec-env-a-2902.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.08}

“Allowance tracking system (ATS)” means, as applicable based on context, either:

(a) The system operated and maintained by the U.S. Environmental Protection Agency (EPA) for tracking SO2 allowance use for the acid rain program and for tracking the number of allowances held and used by any person; or

(b) A system operated and maintained by either EPA or the department for tracking annual NOx allowance use and for tracking the number of allowances held and used by any account holder.

History

#10002, eff 10-1-11 (from Env-A 2903.08); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.09 Allowance transfer {#sec-env-a-2902.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.09}

“Allowance transfer” means the conveyance of one or more allowances from one account to another by whatever means, including but not limited to purchase, trade, or gift or at auction, in accordance with the procedures established in this chapter.

History

#10002, eff 10-1-11 (from Env-A 2903.09); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.10 Allowance transfer deadline {#sec-env-a-2902.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.10}

“Allowance transfer deadline” means the deadline, which is 12:01 a.m. on January 31, for recording allowances in an affected source’s compliance or overdraft account for purposes of meeting the requirements of this chapter for the preceding calendar year.

History

#10002, eff 10-1-11 (from Env-A 2903.10); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.11 Alternative monitoring system {#sec-env-a-2902.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.11}

“Alternative monitoring system” means a system, or a component of a system, that is designed to provide direct or indirect data of mass emissions per time period, pollutant concentration, or volumetric flow, as provided for in this chapter.

History

#10002, eff 10-1-11 (from Env-A 2903.11); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.12 ATS administrator {#sec-env-a-2902.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.12}

“ATS administrator” means:

(a) For an ATS operated and maintained by EPA, the administrator of EPA or the administrator’s designee; or

(b) For an ATS operated and maintained by the department, the commissioner of the department or the commissioner’s designee.

History

#10002, eff 10-1-11 (from Env-A 2903.12); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.13 Authorized account representative (AAR) {#sec-env-a-2902.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.13}

“Authorized account representative (AAR)” means an individual who has been authorized in writing by the account holder to transfer and otherwise manage allowances as well as to certify reports to the ATS and the ETS.

History

#10002, eff 10-1-11 (from Env-A 2903.13); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.14 Banked allowance {#sec-env-a-2902.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.14}

“Banked allowance” means an allowance that is not used to reconcile emissions in the designated year of allocation but that is carried forward into the next year and flagged in the account as banked.

History

#10002, eff 10-1-11 (from Env-A 2903.14); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.15 Banking {#sec-env-a-2902.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.15}

“Banking” means the retention of unused allowances from one year for use in a future year.

History

#10002, eff 10-1-11 (from Env-A 2903.15); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.16 Baseline power generation output {#sec-env-a-2902.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.16}

“Baseline power generation output” means the combined total megawatt-hours (MWh) produced by all affected sources during calendar year 1999, namely 4,859,247 MWh.

History

#10002, eff 10-1-11 (from Env-A 2903.16); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.17 Budget {#sec-env-a-2902.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.17}

“Budget” means total combined annual allocations.

History

#10002, eff 10-1-11 (from Env-A 2903.18); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.18 Compliance account {#sec-env-a-2902.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.18}

“Compliance account” means the ATS account for each affected source that holds current and future year allowances useable for a specific designated calendar year as indicated by their serial number.

History

#10002, eff 10-1-11 (from Env-A 2903.19); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.19 Discrete emission reduction (DER) {#sec-env-a-2902.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.19}

“Discrete emission reduction (DER)” means “ ‘discrete emission reduction’ or ‘DER’ ” as defined in RSA 125-O:2, V, namely, “an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).”

History

#10002, eff 10-1-11 (from Env-A 2903.20); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.20 Electric generating device {#sec-env-a-2902.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.20}

“Electric generating device” means any fossil fuel combustion device of 25 MW nameplate capacity or greater that provides electricity for sale or use.

History

#10002, eff 10-1-11 (from Env-A 2903.21); ss by #12995, eff 2-25-20; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.21 Electric output {#sec-env-a-2902.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.21}

“Electric output” means the amount of electricity generated, in MWh, by an electric generating device.

History

#10002, eff 10-1-11 (from Env-A 2903.22); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.22 Emissions tracking system (ETS) {#sec-env-a-2902.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.22}

“Emissions tracking system (ETS)” means the computerized system operated and maintained by EPA for tracking emissions for the acid rain program and for tracking emissions from affected sources.

History

#10002, eff 10-1-11 (from Env-A 2903.23); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.23 ETS administrator {#sec-env-a-2902.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.23}

“ETS administrator” means the administrator of EPA or the administrator’s designee.

History

#10002, eff 10-1-11 (from Env-A 2903.24); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.24 Excess emissions {#sec-env-a-2902.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.24}

“Excess emissions” means the amount of emissions, rounded to the nearest whole ton, that are greater than the equivalent number of allowances available in the affected source’s compliance or overdraft account by the allowance transfer deadline for that year.

History

#10002, eff 10-1-11 (from Env-A 2903.25); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.25 Fossil fuel {#sec-env-a-2902.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.25}

“Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived wholly or in part from such material.

History

#10002, eff 10-1-11 (from Env-A 2903.26); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.26 General account {#sec-env-a-2902.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.26}

“General account” means an ATS account that is not a compliance account or an overdraft account.

History

#10002, eff 10-1-11 (from Env-A 2903.27); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.27 Heat input {#sec-env-a-2902.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.27}

“Heat input” means the heat derived from the combustion of fuel in an affected source not including the heat derived from preheated combustion air, recirculated flue gas, or exhaust from other sources.

History

#10002, eff 10-1-11 (from Env-A 2903.29); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.28 Net electric output {#sec-env-a-2902.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.28}

“Net electric output” means the final output of energy from a process after deducting any energy output consumed in any way related to generating energy through that process.

History

#10002, eff 10-1-11 (from Env-A 2903.30); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.29 Nameplate capacity {#sec-env-a-2902.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.29}

“Nameplate capacity” means the maximum unrestricted electrical generating output, in MW, that a generator can sustain over a specified period of time.

History

#10002, eff 10-1-11 (from Env-A 2903.31); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.30 Overdraft account {#sec-env-a-2902.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.30}

“Overdraft account” means the ATS account established by the ATS administrator for each facility where there are 2 or more affected sources, where allowances can be held by a group of affected sources.

History

#10002, eff 10-1-11 (from Env-A 2903.32); ss by #12995, eff 2-25-20;

N.H. Code Admin. R. Ann. Env-A 2902.31 Ozone transportation region (OTR) {#sec-env-a-2902.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.31}

“Ozone transportation region (OTR)” means “ozone transport region” as defined in RSA 125-O:2, VI, reprinted in Appendix B.

History

#10002, eff 10-1-11 (from Env-A 2903.33); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.32 Person {#sec-env-a-2902.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.32}

“Person” means “person” as defined in RSA 125-O:2, VII, reprinted in Appendix B.

History

#10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2902.33 Recorded {#sec-env-a-2902.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.33}

“Recorded” for the purposes of an allowance transfer or deduction, means that the ATS administrator has updated an ATS account with the particulars of an allowance transfer or deduction.

History

#10002, eff 10-1-11 (from Env-A 2903.34); ss by #12995, eff 2-25-20 (formerly Env-A 2903.34)

N.H. Code Admin. R. Ann. Env-A 2902.34 Renewable energy {#sec-env-a-2902.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.34}

“Renewable energy” means “renewable energy” as defined in RSA 125-O:2, VIII, reprinted in Appendix B.

History

#10002, eff 10-1-11 (from Env-A 2903.35); ss by #12995, eff 2-25-20 (formerly Env-A 2903.35)

N.H. Code Admin. R. Ann. Env-A 2902.35 Repowered unit {#sec-env-a-2902.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.35}

“Repowered unit” means “repowered unit” as defined in RSA 125-O:2, IX, reprinted in Appendix B.

History

#10002, eff 10-1-11 (from Env-A 2903.36); ss by #12995, eff 2-25-20 (formerly Env-A 2903.36)

N.H. Code Admin. R. Ann. Env-A 2902.36 Serial number {#sec-env-a-2902.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.36}

“Serial number” means the unique number assigned to a specific allowance by the ATS administrator that identifies the allowance and indicates the year of allocation.

History

#10002, eff 10-1-11 (from Env-A 2903.37); ss by #12995, eff 2-25-20 (formerly Env-A 2903.37)

N.H. Code Admin. R. Ann. Env-A 2902.37 Submitted {#sec-env-a-2902.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2902.37}

“Submitted” means sent to the appropriate ATS or ETS, as applicable, under the signature of the AAR.

History

#10002, eff 10-1-11; ss by #12995, eff 2-25-20 (formerly Env-A 2903.38)

Part Env-A 2903 Allowances

N.H. Code Admin. R. Ann. Env-A 2903.01 Legal Attributes of Allowances {#sec-env-a-2903.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2903.01}

(a) An allowance shall be a marketable emissions authorization that can be bought, sold, or traded at any time during any year, not just the current year.

(b) An allowance shall not be a property right or create a property right for any person.

(d) No allowance or future allocation shall constitute a security or other form of property.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2903.02 Holding and Using Allowances {#sec-env-a-2903.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2903.02}

(a) The owner or operator of each affected source shall, no later than the allowance transfer deadline, hold in the appropriate account for that affected source:

(1) A quantity of SO2 allowances equal to or greater than the total SO2 emitted from that affected source during the previous year; and

(2) A quantity of NOx allowances equal to or greater than the total NOx emitted from that affected source during the previous year.

(b) To use an allowance for compliance with this chapter in a designated compliance year, the allowance shall be:

(1) Already in a compliance or overdraft account as of the allowance transfer deadline; or

(2) Transferred into the compliance account by an allowance transfer submitted by the allowance transfer deadline.

(d) If emissions are not reported in whole numbers, the number of allowances needed for those emissions shall be determined by rounding the tons emitted down to the nearest whole number if the fraction is less than 0.50 and rounding the tons emitted up to the nearest whole number if the fraction is 0.50 or greater.

(e) An allowance shall not be used prior to the year for which the allowance is allocated.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2903.03 Conversion of NOx Allowances to DERs {#sec-env-a-2903.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2903.03}

(a) Allowances under this chapter shall not be considered offsets as defined in RSA 125-J:1, XX, however NOx allowances that are not used to satisfy the requirements of this chapter and that are not banked may be converted to non-ozone season NOx DERs in accordance with Env-A 3100.

(b) Each affected source for which unused NOx allowances are converted to NOx DERs in accordance with Env-A 3103 shall surrender those converted allowances as if they had been used for actual emissions.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2903.04 Repowering {#sec-env-a-2903.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2903.04}

Any affected source that repowers after May 13, 2003, the original effective date of this chapter, shall no longer receive allowances beginning on the date of commencement of operation after repowering.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2904.03); ss by #12995, eff 2-25-20

Part Env-A 2904 Annual Emission Budgets; Allowance Allocation

N.H. Code Admin. R. Ann. Env-A 2904.01 SO2 Budget {#sec-env-a-2904.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.01}

(a) Subject to (b), below, the annual SO2 budget shall be determined by multiplying the combined baseline power generation from the affected sources by 3.0 pounds per MWh.

(b) The annual SO2 budget shall be no more than 7,289 tons.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2905.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2904.02 NOx Budget {#sec-env-a-2904.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.02}

(a) Subject to (b), below, the annual NOx budget shall be determined by multiplying the combined baseline power generation from the affected sources by 1.5 pounds per MWh, and then subtracting the seasonal NOx allowances allocated to the affected sources pursuant to Env-A 3200.

(b) The annual NOx budget, including the seasonal NOx allowances allocated to each affected source pursuant to Env-A 3200, shall be no more than 3,644 tons.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2905.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2904.03 Allocation of Emission Budgets {#sec-env-a-2904.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.03}

Using the methodology specified in Env-A 2904.05, the department shall allocate the allowances in each emission budget determined as specified in Env-A 2904.01 and Env-A 2904.02 to the affected sources on December 31 of each year.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2904.04 Transfer of SO2 Allowances {#sec-env-a-2904.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.04}

As required by RSA 125-O:4, IV(a)(2), each affected source shall transfer to the department all annual SO2 allowance allocations provided under the federal acid rain program.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2904.05 Allowance Allocation Methodology {#sec-env-a-2904.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.05}

(a) By April 30 of each year, the department shall calculate allowance allocations for each affected source for the following year in accordance with (c) through (e), below.

(b) The department shall submit the allowance allocations for each year to the ATS administrator.

(c) The following shall apply to the calculations of the number of allowances to be allocated to each affected source specified in (d) and (e), below:

(1) “EBNOx” means the NOx emissions budget determined as specified in Env-A 2904.02;

(2) “EBSO2” means the SO2 emissions budget determined as specified in Env-A 2904.01;

(3) “EO(y-2)” means an affected source’s net electrical output in MWh for the year that was 2 years prior to y;

(4) “EO(y-3)” means an affected source’s net electrical output in MWh for the year that was 3 years prior to y;

(5) “UAA(y)” means an affected source’s allocation for year y, adjusted so that the total allocation does not exceed the budget; and

(6) “UUA(y)” means an affected source’s unadjusted allocation for year y.

(d) The adjusted SO2 allocation for each individual affected source shall be calculated as follows:

(1) The affected source’s unadjusted allocation for the current year shall be determined by multiplying the average net electrical output of the affected source in MWh for the years 2 and 3 years prior to the current year by 3.0 lbs per MWh, and dividing the result by 2,000 lb/ton, as shown in the formula below:

UUA(y) = [(EO(y-2) + EO(y-3))/2] x 3.0 lbs/MWh

2,000 lb/ton

(2) The affected source’s adjusted allocation for the current year shall be determined by multiplying the UUA(y) calculated pursuant to (1), above, by the SO2 emissions budget and dividing the result by the sum of all affected sources’ unadjusted allocations, as shown in the formula below:

UAA(y) = UUA(y) x EBSO2

sum of all affected sources’ UUA(y)

(e) The adjusted NOx allocation for each individual affected source shall be calculated as follows:

(1) The affected source’s unadjusted allocation for the current year shall be determined by multiplying the average net electrical output of the affected source in MWh for the years 2 and 3 years prior to the current year by 1.5 lbs per MWh, and dividing the result by 2,000 lb/ton, as shown in the formula below:

UUA(y) = [(EO(y-2) + EO(y-3))/2] x 1.5 lbs/MWh

2,000 lb/ton

(2) The affected source’s adjusted allocation for the current year shall be determined by multiplying the UUA(y) calculated pursuant to (1), above, by the NOx emissions budget and dividing the result by the sum of all affected sources’ unadjusted allocations, as shown in the formula below:

UAA(y) = UUA(y) x EBNOx

sum of all affected sources’ UUA(y)

(f) Using the best available data as reported by the affected source to the Energy Information Administration and to the department no later than April 15 of each year, the department shall determine the net electric output for the affected source.

History

#10002, eff 10-1-11 (from Env-A 2906.05); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2904.06 Allocation of Bonus SO2 Allowances {#sec-env-a-2904.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2904.06}

(a) Each affected source shall be eligible to receive bonus SO2 allowances for local reductions made by the affected source in the previous year.

(b) To receive an allocation of bonus SO2 allowances for local reductions, the AAR of an affected source shall submit a written request to the department, requesting the department to distribute bonus SO2 allowances to the general account of the affected source for the affected source’s local reductions.

(1) Include detailed calculations that show the difference between the affected source’s annual average SO2 emissions for the 3 years prior to the previous year and the annual SO2 emissions for the previous year; and

(2) Be submitted no later than April 15 of each year.

(d) Subject to (h), below, in response to a request that complies with (c), above, the department shall allocate bonus SO2 allowances equal to the difference between the affected source’s annual average SO2 emissions for the 3 years prior to the previous year and the annual SO2 emissions for the previous year.

(e) Each affected source also shall be eligible to receive one bonus SO2 allowance per year for every 4 SO2 allowances that were initially allocated to a source located within the OTR and subsequently purchased by the affected source under the federal acid rain program and used for compliance with this chapter in the previous year.

(f) To receive an allocation of bonus SO2 allowances pursuant to (e), above, the AAR of the affected source shall submit a written request to the department, requesting the department to distribute bonus SO2 allowances to the general account of the affected source for the affected source’s allowances that meet the criteria specified in (e), above.

(g) The request submitted pursuant to (f), above, shall:

(1) Identify the serial numbers of all SO2 allowances being used to qualify for the bonus allowances;

(2) Provide the name and location of each source to which the allowances were initially allocated, and

(3) Be submitted no later than April 15.

(h) Subject to (i), below, in response to a request that complies with (g), above, the department shall allocate one bonus SO2 allowance per year for every 4 SO2 allowances that initially were allocated to a source located within the OTR and subsequently purchased by the affected source under the federal acid rain program and used for compliance with this chapter in the previous year.

(i) The combined sum of all bonus SO2 allowances received by the affected sources shall not exceed 20,000 in any given year.

History

#10002, eff 10-1-11 (from Env-A 2906.07); ss by #12995, eff 2-25-20

Part Env-A 2905 Allowance Transfer and Banking

N.H. Code Admin. R. Ann. Env-A 2905.01 Initiating an Allowance Transfer {#sec-env-a-2905.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.01}

(a) To initiate an allowance transfer, the AAR for the originating account shall:

(1) Prepare a transfer request as specified in (b), below;

(2) Authorize and certify the transfer request by signing the statement specified in (c), below;

(3) Send the transfer request in writing or in electronic form to the ATS administrator; and

(4) Provide a copy of the transfer request to each owner or operator of the affected source.

(b) The transfer request shall contain the following information:

(1) The account number of the originating account and of the acquiring account;

(2) The name and address associated with the owner(s) of the originating account and of the acquiring account; and

(3) The serial number of each allowance being transferred.

“I am authorized to make this submission on behalf of the owners and operators of the affected source and I hereby certify, under penalty of law, that I have personally examined the foregoing and am familiar with the information contained in this document and all attachments, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment.”

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.02 Transfer Processing {#sec-env-a-2905.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.02}

The ATS administrator shall process transfer requests in order of receipt.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2907.04); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.03 Transfer Completion {#sec-env-a-2905.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.03}

The transfer shall be complete when the ATS administrator has verified that:

(a) Each allowance listed in the transfer request is held by the originating account at the time the transfer was recorded;

(b) The acquiring party has an account in the ATS; and

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2907.05); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.04 Transfer Validation {#sec-env-a-2905.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.04}

The ATS administrator shall record allowance transfers determined to be valid, through verification by the ATS administrator, in the ATS by deducting the specified allowances from the originating account and adding the allowances to the acquiring account.

History

#10002, eff 10-1-11 (from Env-A 2907.06); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.05 Transfer Notification {#sec-env-a-2905.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.05}

(a) The ATS administrator shall send written or electronic notification of an allowance transfer to:

(1) The AAR for the originating account; and

(2) The AAR for the acquiring account.

(b) The notification sent pursuant to (a) above, shall include:

(1) The effective date of the transfer;

(2) Identification of the originating account and the acquiring account by name and account number;

(3) The number of allowances transferred; and

(4) The serial number of each allowance transferred.

History

#10002, eff 10-1-11 (from Env-A 2907.07); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.06 Price Disclosure {#sec-env-a-2905.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.06}

Subject to a claim of confidentiality in accordance with Env-C 208, each affected source shall make available to any person, all information regarding transaction cost and allowance price.

History

#10002, eff 10-1-11 (from Env-A 2907.08); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2905.07 Use of Allowances by Utilities {#sec-env-a-2905.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2905.07}

As provided in RSA 125-J:5, XIII, the use of allowances by a utility, as defined in RSA 362:2, shall be subject to such additional conditions as are ordered by the New Hampshire public utilities commission pursuant to its authority.

History

#10002, eff 10-1-11 (from Env-A 2907.09); ss by #12995, eff 2-25-20

Part Env-A 2906 Allowance Tracking System (ats)

N.H. Code Admin. R. Ann. Env-A 2906.01 Database Maintenance for Allowance Transfer and Use {#sec-env-a-2906.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2906.01}

(a) The ATS administrator shall maintain the ATS as the official database for all SO2 and NOx allowance use and transfer.

(b) The ATS administrator shall track and maintain the following information:

(1) The allowances allocated to each affected source;

(2) The allowances held in each account;

(3) The allowances used by each affected source during each year;

(4) The accounts established for each affected source to determine compliance for the source;

(5) The accounts opened by individuals or entities, upon request, that are not used for compliance purposes;

(6) The allowance transfers, as submitted voluntarily by the source; and

(7) The deductions of allowances for compliance purposes.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2909.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2906.02 Compliance and Overdraft Accounts {#sec-env-a-2906.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2906.02}

(a) The ATS administrator shall maintain:

(1) A compliance account for each unit at each affected source; and

(2) An overdraft account for each owner or operator of one or more units.

(b) The ATS administrator shall identify each account using an account number.

(1) The name and mailing address of the account owner;

(2) The name, mailing address, and daytime telephone number of the AAR for the account; and

(3) The physical location, by street address and municipality, of the affected source.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2909.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2906.03 General Accounts {#sec-env-a-2906.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2906.03}

(a) The ATS administrator shall allow general accounts to be established.

(b) Any person wishing to open a general account shall:

(1) Designate an AAR as described in Env-A 2906.04; and

(2) Provide an account certificate of representation prepared in accordance with Env-A 2906.05 to the ATS administrator.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2909.03); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2906.04 Authorized Account Representative {#sec-env-a-2906.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2906.04}

(a) Each holder of a compliance account, overdraft account, or general account shall designate one individual to be the AAR for the account and one individual to be the alternate AAR for the account.

(b) The alternate AAR shall have the same authority to initiate allowance transfers and file reports as the AAR.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2909.04); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2906.05 Account Certificate of Representation {#sec-env-a-2906.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2906.05}

(a) The ATS administrator shall officially accept the designated AAR for an account upon receipt of an Account Certificate of Representation (ACR) from the AAR.

(b) The ACR shall contain the following information:

(1) Identification of the affected source by plant name, address, and unit number;

(2) The number of the account for which the ACR is being submitted;

(3) The name, mailing address, and telephone number of the AAR and alternate AAR and, if available, a fax number and e-mail address; and

(4) The name of each owner and operator of the affected source.

(d) The signature of the AAR or alternate AAR shall constitute agreement with the following statement, which shall be included verbatim in the ACR:

“I certify that I, (name of AAR or alternate AAR)_ have been designated as the AAR / alternate AAR (select one) by an agreement binding on the owners and operators of the affected source legally designated as______(name of plant)_______. I certify that I have all of the authority necessary to carry out my duties and responsibilities under the SO2 and NOx Annual Budget Trading and Banking Program on behalf of the owners and operators of the affected source and of each unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the department, the administrator, or a court regarding the source or unit.”

(e) A new AAR shall be designated by submitting a revised ACR to the ATS administrator, with the following information:

(1) All information required by (b), above, and the signature required by (c), above; and

(2) The name of the AAR who is being replaced.

(f) The ATS administrator shall record the change of AAR in the ATS.

(g) After the change of AAR has been recorded, the ATS administrator shall send notification of the change of AAR to the department.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2909.05); ss by #12995, eff 2-25-20

Part Env-A 2907 Emissions Monitoring and Reporting

N.H. Code Admin. R. Ann. Env-A 2907.01 Emissions Monitoring and Reporting Required {#sec-env-a-2907.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.01}

(a) The owner(s), operator(s), and AAR of each affected source shall comply with the emissions monitoring and reporting requirements as specified in this part and as specified in 40 CFR 75, Subpart H.

(b) For purposes of complying with (a), above, the definitions in 40 CFR §72.2 and 40 CFR 75 shall apply, except that:

(1) The term “affected unit” shall be replaced with the term “affected source” as defined in Env-A 2902.04; and

(2) The term “designated representative” shall be replaced with the term “AAR” as defined in Env-A 2902.13.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.02 Emissions Monitoring Systems and Data Accounting {#sec-env-a-2907.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.02}

The owner or operator of each affected source shall:

(a) Maintain all monitoring systems installed as required by Env-A 2910.02 as effective May 13, 2003, as reprinted in Appendix C, for the purposes of monitoring mass emissions, including all systems that monitor emission rate, concentration, heat input, net electrical output, and flow, in accordance with 40 CFR 75;

(b) Successfully complete all certification tests required and meet all other provisions of this part and 40 CFR 75 applicable to the monitoring systems identified in (a), above; and

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.03 Unapproved Modifications to Monitoring Systems Prohibited {#sec-env-a-2907.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.03}

(a) No owner or operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval from the department and EPA in accordance with this part.

(b) No owner or operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this part and 40 CFR 75, except as provided in 40 CFR §75.74.

(c) No owner or operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall disrupt the continuous emission monitoring system, or any portion thereof, or any other approved emission monitoring method, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this part and 40 CFR 75, except as provided in 40 CFR §75.74.

(d) No owner or operator of any source monitored under 40 CFR §75.72(b)(2)(ii) shall permanently discontinue the use of the continuous emission monitoring system, or any component thereof, or any other approved emission monitoring system under this part, except under any one of the following circumstances:

(1) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved for use at that unit in accordance with the applicable provisions of this part and 40 CFR 75, based on the system providing emission data for the same pollutant or parameter as the discontinued monitoring system; or

(2) The AAR submits notification to the department and the ETS administrator of the date of certification testing of a replacement monitoring system in accordance with the applicable provisions of this part.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.04 Initial Certification and Recertification Procedures {#sec-env-a-2907.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.04}

The owner or operator of an affected source shall comply with the initial certification and recertification procedures of 40 CFR 75.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2910.04); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.05 Certification/Recertification Procedures for Alternative Monitoring Systems {#sec-env-a-2907.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.05}

(a) The AAR of each unit for which an application for approval to use an alternative monitoring system is being submitted to the ATS administrator and, if applicable, the department, under 40 CFR 75, Subpart E, shall apply for certification to the department prior to using the system to comply with this chapter.

(b) The AAR shall apply for recertification following a replacement of, or modification to, an alternative monitoring system by following the same procedures as are required for initial certification and recertification as specified in 40 CFR 75.

(c) The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification by following the same procedures as are required for notification and application relative to initial certification and recertification, as specified in 40 CFR 75.20(f).

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2910.05); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.06 Out of Control Periods {#sec-env-a-2907.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.06}

(a) Whenever any monitoring system fails to meet the quality assurance requirements of 40 CFR 75, Appendix B, data shall be substituted using the applicable procedures in 40 CFR 75, Subpart D, Appendix D or Appendix E.

(b) Whenever an audit of a monitoring system and a review of the initial certification or recertification application both reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement under this part or the applicable provisions of 40 CFR 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department shall issue a notice of disapproval of the certification status of such system or component to the owner or operator of the affected source.

(c) For the purposes of this section, an audit shall be either a field audit or an audit of any information submitted to the department or the ATS administrator.

(d) The data measured and recorded by a system or component for which a notice of disapproval has been issued pursuant to (b), above, shall not be considered valid quality-assured data from the date of issuance of the notification of the disapproval of certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests in accordance with Env-A 2907.04 or Env-A 2907.05, as applicable.

(e) The owner or operator of an affected source shall follow the initial certification or recertification procedures for each disapproved system in accordance with Env-A 2907.04 or Env-A 2907.05.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2910.06); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.07 Notification {#sec-env-a-2907.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.07}

The AAR for an affected source shall comply with the notification requirements of 40 CFR §75.61, except that the notice shall also be submitted to the ATS administrator.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2910.07); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.08 Recordkeeping and Reporting of Transactions Required {#sec-env-a-2907.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.08}

(a) The AAR shall comply with all recordkeeping and reporting requirements relative to acquisitions and transfers of allowances specified in this part and in Env-A 2905.

(b) Any submission made in accordance with 40 CFR 75, Subpart F or Subpart G that includes data and information required under this part or under 40 CFR 75, Subpart H, shall be signed by both the AAR and the designated representative as defined in Env-A 100.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.09 Monitoring Plans {#sec-env-a-2907.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.09}

The owner or operator of an affected source shall comply with the requirements of 40 CFR §75.62, except that the monitoring plan shall also include all of the information required by 40 CFR 75, Subpart H.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (from Env-A 2910.09); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.10 Certification Applications {#sec-env-a-2907.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.10}

(a) The AAR shall submit an application to the department within 45 days after completing all initial certification or recertification tests.

(b) The application submitted pursuant to (a), above, shall include the information required under 40 CFR 75, Subpart H.

History

#10002, eff 10-1-11 (from Env-A 2910.10); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.11 Quarterly Reports {#sec-env-a-2907.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.11}

(a) The AAR shall submit a quarterly report for each calendar quarter beginning with the calendar quarter that includes the date and hour of initial certification.

(b) The AAR shall submit the reports required by (a), above, to the ATS administrator within 30 days following the end of the calendar quarter covered by the report, in the manner specified in 40 CFR 75, Subpart H and 40 CFR §75.64.

(1) All of the data and information required by 40 CFR 75, Subpart H, for each affected source or group of units using a common stack;

(2) The information required by 40 CFR 75, Subpart G; and

(3) A compliance certification in support of the report based on an inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored.

(d) The certification required by (c) above, shall state that:

(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this part and 40 CFR 75, including the quality assurance procedures and specifications;

(2) For a unit with add-on emission controls and for all hours where data are substituted in accordance with 40 CFR §75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate emissions; and

(3) The emission rate and concentration values substituted for missing data under of 40 CFR 75, Subpart D do not systematically underestimate emissions.

History

#10002, eff 10-1-11 (formerly Env-A 2910.11); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.12 Reporting in Electronic Format {#sec-env-a-2907.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.12}

(a) The AAR for each affected source shall submit, in electronic format using EPA’s electronic data reporting (EDR) convention, emissions and operations information as specified in this part.

(b) Emissions and operations information shall be submitted to the ETS administrator within 30 days of the end of any quarter in which the owner or operator is required to report.

History

#10002, eff 10-1-11 (from Env-A 2911.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.13 Pounds per Hour and Pounds per Year {#sec-env-a-2907.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.13}

The owner or operator of each affected source shall provide the ETS administrator, in the same quarterly reports and in a format consistent with the format required under Env-A 2907.12, SO2 and NOx emissions in pounds per hour for every hour during the year and cumulative quarterly and annual SO2 and NOx emission data in pounds.

History

#10002, eff 10-1-11 (formerly Env-A 2911.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2907.14 Quarterly Reporting {#sec-env-a-2907.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2907.14}

Each affected source shall submit the data required pursuant to Env-A 2907.12 and Env-A 2907.13 to EPA as part of the quarterly reports submitted to EPA for the purpose of compliance with 40 CFR 75.

History

#10002, eff 10-1-11 (formerly Env-A 2911.03); ss by #12995, eff 2-25-20

Part Env-A 2908 End-of-Year Reconciliation

N.H. Code Admin. R. Ann. Env-A 2908.01 Determination of Compliance {#sec-env-a-2908.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2908.01}

The department shall determine compliance with this chapter based on:

(a) Monitored emissions data as reported by the affected source to the ETS administrator, and as adjusted by the administrator to be in accordance with Env-A 2907; and

(b) Allowance allocations and transfers recorded in the ATS.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2908.02 Request for Deduction of Allowances {#sec-env-a-2908.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2908.02}

(a) No later than the allowance transfer deadline of each year, the AAR shall request the ATS administrator to deduct allowances available for the previous year from the compliance account or overdraft account, or both, in an amount equivalent to the number of allowances required to cover the emissions during the previous year.

(b) The request submitted pursuant to (a), above, shall identify:

(1) The compliance account or overdraft account from which the deductions should be made; and

(2) The serial number of each allowance to be deducted.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2908.03 Deduction of Allowances {#sec-env-a-2908.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2908.03}

(a) The ATS administrator shall deduct from the affected source’s compliance account or overdraft account a number of allowances equal to the affected source’s previous year emissions in response to a request submitted pursuant to Env-A 2908.02 or on the ATS’s own initiative if a request is not received.

(b) If the serial number of each allowance to be deducted is not specified, the ATS administrator shall deduct allowances for that compliance year in the order of their arrival into the affected source’s account, with allocated allowances being deducted first followed by the deduction of transferred allowances.

(c) If allowances equivalent to the emissions are not available in the account, the ATS administrator shall notify the AAR of the deficiency.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.03); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2908.04 Procurement of Additional Allowances {#sec-env-a-2908.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2908.04}

If the emissions of the affected source in the previous year exceed the allowances in the affected source’s compliance account and overdraft account, the affected source shall obtain additional allowances by the allowance transfer deadline so the total number of allowances in the affected source’s compliance account and overdraft account, including allowance transfers properly submitted to the ATS administrator by the allowance transfer deadline, equals or exceeds the previous year annual emissions rounded to the nearest whole ton.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2912.04); ss by #12995, eff 2-25-20

Part Env-A 2909 Compliance Certification

N.H. Code Admin. R. Ann. Env-A 2909.01 Annual Compliance Certification Required {#sec-env-a-2909.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2909.01}

The AAR for each affected source shall submit an annual compliance certification to the department no later than January 30 of each year.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11; ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2909.02 Annual Compliance Certification Content {#sec-env-a-2909.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2909.02}

The compliance certification required by Env-A 2909.01 shall contain the following information:

(a) Identification of the affected source, including:

(1) The name, mailing address, and physical location of the affected source;

(2) The name of the AAR; and

(3) The ATS account number;

(b) A statement whether emissions data has been submitted to the ETS in accordance with the procedures established in Env-A 2907 and in conformance with the requirements of the ETS administrator;

(1) Operated in compliance with the allowances allocated for the year, including those obtained through transfer by the allowance transfer deadline;

(2) Held sufficient allowances in its compliance account and overdraft account for the year, as of the allowance transfer deadline, to equal or exceed the recorded emissions for the year; and

(3) Was actually operated and maintained in accordance with the applicable monitoring plan;

(d) A statement of certification that all emissions from the affected source were accounted for, either through monitoring in compliance with applicable requirements of this chapter or by applying appropriate missing data procedures; and

(e) A statement of whether there were any changes during the current year in the method of operating or monitoring the affected source.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2913.03); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2909.03 Compliance Verification {#sec-env-a-2909.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2909.03}

The department shall verify compliance by one or more of the following means, as needed to make an accurate compliance determination:

(a) Inspecting facility operating records;

(b) Obtaining information on allowance deduction and transfers from the ATS;

(d) Information relative to testing emission monitoring devices; and

(e) Requiring the affected source to conduct emissions testing under the supervision of the department.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2913.04); ss by #12995, eff 2-25-20

Part Env-A 2910 Enforcement Provisions

N.H. Code Admin. R. Ann. Env-A 2910.01 Automatic Deduction {#sec-env-a-2910.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2910.01}

If emissions from an affected source exceed allowances held in the affected source’s compliance account or overdraft account for the year as of the allowance transfer deadline, the ATS administrator shall deduct allowances from the affected source’s compliance account or overdraft account for the next year at a rate of 3 allowances for every one ton of excess emissions.

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2914.01); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2910.02 Determination of Violations {#sec-env-a-2910.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2910.02}

In accordance with RSA 125-O:7, for purposes of enforcement of this chapter, the following shall apply:

(a) In determining the number of days of violation, any excess emissions for the year shall create a presumption that each day in the year of 365 days constitutes a day in violation;

(b) The affected source may rebut the presumption established in (a), above, by demonstrating, through use of verifiable emission data, that a lesser number of days should be considered; and

APPENDIX

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Env-A 2900 (also see specific sections listed below)

RSA 125-O:2; RSA 125-O:3; RSA 125-O:4;

RSA 125-O:6, I; RSA 125-O:7; RSA 125-O:8, I

Env-A 2901, Env-A 2902, Env-A 2904, Env-A 2907 - Env-A 2913

RSA 125-O:6, I

Env-A 2903

RSA 125-O:2

Env-A 2903.03

RSA 125-O:4, IV(b)

Env-A 2903.04

RSA 125-O:2, I & IX

Env-A 2904.01

RSA 125-O:3, III(a)

Env-A 2904.02

RSA 125-O:3, III(b)

Env-A 2904.04

RSA 125-O:4, IV(a)(2)

Env-A 2904.05

RSA 125-O:8, I(b)

Env-A 2904.06

RSA 125-O:4, IV(a)(2), (3), & (4)

Env-A 2905

RSA 125-O:3, III

Env-A 2906

RSA 125-O:3, II & III; RSA 125-O:4, IV; RSA 125-O:5

Env-A 2907

RSA 125-O:6, I; RSA 125-O:8, I

Env-A 2907.01

RSA 125-O:8, I(c)

Env-A 2908

RSA 125-O:6, I; RSA 125-O:8, I

Env-A 2908.01

RSA 125-O:4, IV intro

Env-A 2909

RSA 125-O:6, I; RSA 125-O:8, I

Env-A 2909.01

RSA 125-O:4, IV intro; RSA 125-O:8, I(b)

Env-A 2910

RSA 125-O:8, III

Env-A 2910.02

RSA 125-O:7

Appendix B: Statutory Definitions

RSA 125-O:2 Definitions. – In this chapter:

I. “Affected sources” means existing fossil fuel burning steam electric power plant units in this state, specifically Merrimack Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington, excluding any of these units that may be repowered.

II. “Allowance” means a limited authorization to emit one ton of SO2, one ton of NOx, one pound of mercury, or one ton of CO2 during a specified year.

III. “Commissioner” means the commissioner of the department of environmental services.

IV. “Department” means the department of environmental services.

V. “Discrete emission reduction” or “DER” means an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).

VI. “Ozone transport region” means the ozone transport region as established by section 184(a) of the Clean Air Act, 42 U.S.C. section 7511c.

VII. “Person” means any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

VIII. “Renewable energy” means energy derived from hydro, geothermal, wind, solar thermal, photovoltaic, biomass, methane waste, tidal, or other source approved by the department.

IX. “Repowered unit” means an affected source that has installed qualifying repowering technology as defined by 40 C.F.R. part 72, or has replaced a unit by a new unit, provided the new replacement unit:

(a) Is on the same or contiguous property as the replaced unit, regardless of owner;

(b) Has a maximum power output rate equal to or greater than the maximum power output rate of the replaced unit; and

(c) Is designed to control, or is equipped with best available technology to control, emissions of multiple pollutants simultaneously, and in conformity with the emissions rates and reductions used to establish RSA 125-O:3.

Appendix C: Env-A 2910.02 as effective May 13, 2003

History

#7888, eff 5-13-03; ss by #9908, INTERIM, eff 5-13-11, EXPIRES: 11-9-11; ss by #10002, eff 10-1-11 (formerly Env-A 2914.02); ss by #12995, eff 2-25-20

N.H. Code Admin. R. Ann. Env-A 2910.02 Requirements for Installation, Certification, and Data Accounting {#sec-env-a-2910.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 2910.02}

No later than 10 days after the effective date of this chapter, the owner or operator of each affected source shall:

(a) Install all monitoring systems required under this part for monitoring mass emissions, including all systems required to monitor emission rate, concentration, heat input, net electrical output, and flow, in accordance with 40 CFR 75;

(b) Successfully complete all certification tests required and meet all other provisions of this part and 40 CFR 75 applicable to the monitoring systems under paragraph (a), above; and

Chapter Env-A 3000 Emissions Reduction Credits Trading Program

Part Env-A 3001 Purpose and Scope

N.H. Code Admin. R. Ann. Env-A 3001.01 Purpose {#sec-env-a-3001.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3001.01}

As required by 40 CFR 51, Subpart U - Economic Incentive Programs, and by RSA 125-J, the purpose of this chapter is to ensure that any emissions reductions greater than required by the Act from the following source types shall be used, to the greatest extent possible, for economic development in New Hampshire:

(1) Mobile sources;

(2) Stationary sources;

(3) Area sources; or

(4) Off-road sources.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3001.02 Scope {#sec-env-a-3001.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3001.02}

(a) Any of the above sources, provided that the following rules are followed and a demonstration in accordance with Env-A 3003.04 is submitted to and approved by the division, may generate ERCs by reducing emissions, in the amount determined under the more stringent of paragraphs Env-A 3004.02(b) or (c). The demonstration shall show that the ERCs are enforceable, permanent, real, properly quantified, and surplus;

(1) The methods to be used to determine that emissions reductions by all eligible sources are real, surplus, quantifiable, enforceable, and permanent for the life of the emissions reduction credit shall be as specified in Env-A 3004.02(a);

(2) Public notice and hearing procedures for the certification and revocation of emissions reduction credits shall be as specified in Env-A 3004.03;

(3) The allowable emissions controls for use in achieving emissions reductions to generate emissions reduction credits, including, but not limited to, early implementation of future emissions controls and seasonal controls shall be as specified in Env-A 3004.07; and

(4) The criteria for the modification, suspension, and revocation of an emissions reduction credits certificate shall be as specified in Env-A 3005; and

(b) Any person may transfer, buy, sell, trade, or otherwise convey ERCs to another person in any manner in accordance with the laws of New Hampshire, including the following:

(1) The allowable and prohibited uses of emissions reduction credits shall be as specified in Env-A 3006;

(2) The emissions reduction credits trading requirements shall be as specified in Env-A 3007, including interstate trading requirements which shall be as specified in Env-A 3007.06; and

(3) The allowable methods for determining compliance shall be as specified in Env-A 3008, including data and information required for monitoring of emissions reduction credits shall be as specified in Env-A 3008.03.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3002 Definitions

N.H. Code Admin. R. Ann. Env-A 3002.01 Activity level {#sec-env-a-3002.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.01}

"Activity level" means "activity level" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "the amount of activity at a source measured in terms of production, use, raw materials input, vehicle miles traveled, or other similar units that have a direct correlation with the economic output of the source and is not affected by changes in the emissions rate (i.e., mass per unit of activity)."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.02 Actual emission rate {#sec-env-a-3002.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.02}

"Actual emission rate" means either:

(a) The tons per year of a pollutant actually emitted from an ERC emission source during calendar year 1990; or

(b) The average tons per year of a pollutant actually emitted from an ERC emission source during any 2-year period which precedes the date of application for emissions reduction credits by no more than 5 years and which the division determines:

(1) Is representative of normal production rates; and

(2) Does not jeopardize any target annual RACT level of statewide aggregate emissions reductions or jeopardize any attainment demonstration under the Act.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.03 Allowable emission rate {#sec-env-a-3002.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.03}

"Allowable emission rate" for the purpose of Env-A 3000 means "allowable emissions" as defined in Env-A 101.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.04 Alternative emission limitation {#sec-env-a-3002.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.04}

"Alternative emission limitation" means "alternative emission limitation" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any emission limit that applies to a specific source that is less stringent than the limit contained in the SIP, generally for similar sources."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.05 Area source {#sec-env-a-3002.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.05}

"Area source" for the purposes of Env-A 3000 through Env-A 3200 means "area source" as defined in RSA 125-J:1,III, namely "stationary or non-road sources of emissions which are too small or too numerous to be individually included in a stationary source emissions inventory maintained by the division."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.06 Attainment area {#sec-env-a-3002.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.06}

"Attainment area" means "attainment area" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any area of the country designated or redesignated by EPA at 40 CFR part 81 in accordance with section 107(d) of the Act as unclassifiable or better than the national ambient air quality standards for ozone," including, Belknap, Cheshire, Sullivan, Carroll, Grafton, and Coos Counties.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.07 Attainment demonstration {#sec-env-a-3002.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.07}

"Attainment demonstration" means "attainment demonstration" as defined in RSA 125-J:1,IV, namely a demonstration that "emissions reductions required to satisfy reasonable further progress ("RFP") and attainment of national ambient air quality standards ("NAAQS") under the Act" are sufficient.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.08 Baseline emission rate {#sec-env-a-3002.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.08}

"Baseline emission rate" means the lesser of a an ERC or DER generating source's actual emission rate or allowable emission rate considering all applicable State and Federal regulations, as certified by the department.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.09 Demonstration {#sec-env-a-3002.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.09}

"Demonstration" means "demonstration" as defined in Webster's Dictionary, namely "a proving" that is approved by the division or EPA.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.10 Department {#sec-env-a-3002.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.10}

"Department" means "department" as defined in RSA 125-J:1,IX, namely "the department of environmental services."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.11 Emissions reduction credit certificate {#sec-env-a-3002.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.11}

"Emissions reduction credit certificate" means "emissions reduction credit certificate" as defined in RSA 125-J:1,XIII, namely "the document issued by the department certifying emissions reductions for use consistent with this chapter."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.12 Emissions reduction credits (ERCs) {#sec-env-a-3002.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.12}

"Emissions reduction credits (ERCs)" mean "ERCs" as defined in RSA 125-J:1,XIV, namely "the actual air pollutant reductions from an ERC emission source that have been certified by the department as:

(a) Enforceable;

(b) Permanent;

(d) Real; and

(e) Surplus."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.13 Enforceable {#sec-env-a-3002.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.13}

"Enforceable" means those limitations and conditions on the emission source's:

(a) Emissions; and

(b) Operations, including:

(1) Operating rates;

(2) Hours of operation; or

(3) Types of materials either:

a. Processed;

b. Stored; or

c. Combusted, which are incorporated into a federally enforceable document.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.14 Federally enforceable {#sec-env-a-3002.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.14}

"Federally enforceable" means "federally enforceable" as defined in RSA 125-J:1,XVII, namely "all limitations and conditions which are enforceable by EPA, including those:

(a) Requirements developed pursuant to 40 CFR parts 55 (Outer Continental Shelf Air Regulations), 60 (New Source Performance Standards), 61 (National Emission Standards for Hazardous Air Pollutants) and 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories);

(b) Requirements within any applicable SIP, including a generic emissions trading program approved as an economic incentive program;

(c) Requirements in operating permits issued pursuant to 40 CFR part 70 (State Operating Permit Programs), 71 or 72 (Permits Regulation); and

(d) Any permit requirements established:

(1) Pursuant to 40 CFR part 52 (Approval and Promulgation of Implementation Plans) subpart A (General Provisions) Sections 52.10 (Review of New Sources and Modifications) or 52.21 (Prevention of Significant Deterioration) or 40 CFR part 55 (Outer Continental Shelf Air Regulations); or

(2) Under regulations approved pursuant to 40 CFR part 55 or 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans) subpart I (Review of New Sources and Modifications), including operating permits issued under an EPA approved program that:

a. Is incorporated into the SIP; and

b. Expressly requires adherence to any permit issued under such program."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.15 Federally enforceable document {#sec-env-a-3002.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.15}

"Federally enforceable document" means

(a) A federally enforceable permit issued by the division or EPA;

(b) An ERC certificate issued by the department pursuant to this chapter after EPA approval of the chapter;

(d) Administrative or judicial orders, consent agreements, or enforcement actions.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.16 Generator source {#sec-env-a-3002.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.16}

"Generator source" means "generator source" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any" mobile, area, or stationary "source that generates a DER" or ERC.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.17 Maintenance area {#sec-env-a-3002.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.17}

"Maintenance area" means "maintenance area" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any area with a maintenance plan approved under section 175 of the Act."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.18 Maintenance plan {#sec-env-a-3002.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.18}

"Maintenance plan" means "maintenance plan" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "a revision to the applicable SIP, meeting the requirements of section 175A of the Act."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.19 Mobile source {#sec-env-a-3002.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.19}

"Mobile source" for the purposes of Env-A 3000 through Env-A 3200 means "mobile source" as defined in RSA 125-J:1, XVIII, namely "on-road vehicles such as automobiles, trucks and motorcycles, and non-road vehicles such as trains, airplanes, agricultural equipment, industrial equipment, construction vehicles, off-road recreational vehicles and motorcycles and marine vessels."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.20 Netting {#sec-env-a-3002.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.20}

"Netting" means "netting" as defined in RSA 125-J:1, XIX, namely "the process of determining whether or not a net emissions increase of a state or federally regulated pollutant at an existing major source will result from a proposed physical change or change in the method of operation. Netting is used to determine whether or not prevention of significant deterioration ("PSD") or nonattainment new source review applies to modifications at existing sources."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.21 Normal source operation {#sec-env-a-3002.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.21}

"Normal source operation" means "normal source operation" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "the average actual activity rate of a source necessary for determining the actual emissions rate for the two years prior to the date necessary for determining actual emissions, unless some other time period is more representative of the operation of the source, and may be either the simple arithmetic mean (sum of emissions for 12 months divided by 12) or the mean plus one standard deviation if sufficient data are available to determine the normal source operation for the shorter time period."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.22 Offset {#sec-env-a-3002.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.22}

"Offset" means "offset" as defined in RSA 125-J:1,XX, namely "the use of an ERC to compensate for emissions increases of a nonattainment pollutant from a new major stationary source or from a major modification to an existing stationary source subject to the requirements of the Act."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.23 Ozone season {#sec-env-a-3002.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.23}

"Ozone season" means "ozone season" as defined in Env-A 1211.01(ah), namely, "the period between May 1 and September 30, inclusive."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.24 Permanent {#sec-env-a-3002.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.24}

"Permanent" means "permanent" as defined in RSA 125-J:1,XXI, namely "that the emissions reductions implemented for the generation and certification of an ERC must be assured for the life of the corresponding increase through a federally enforceable document."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.25 Protocol {#sec-env-a-3002.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.25}

"Protocol" means "protocol" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "a replicable and workable method to estimate the mass of emissions reductions, or the amount of DERs needed for compliance, that meets USEPA's approval criteria."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.26 Public ERCs {#sec-env-a-3002.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.26}

"Public ERCs" mean "public ERCs" as defined in RSA 125-J:1, XXIII, namely "ERCs acquired by the state either through:

(a) Certification of ERCs on state owned, operated or controlled ERC emission sources;

(b) Transfer;

(d) Emissions reductions achieved by implementation of applicable state law more stringent than the federal minimum requirements under the Act."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.27 Quantifiable {#sec-env-a-3002.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.27}

"Quantifiable" means "quantifiable" as defined in RSA 125-J:1, XXIV, namely "that the amount and rate of an ERC", or DER, "have been calculated in accordance with the following methods:

(a) Certified stack testing approved by the division;

(b) Continuous emissions monitoring;

(1) Control technology guidance documents relating to VOC or NOx RACT;

(2) "Guidance to States Developing generic MERC regulations" (February, 1994), including but not limited to:

a. "Guidance for the Implementation of Accelerated Retirement of Vehicles Programs" (February, 1993);

b. "Guidance for Emission Reduction Credit Generation by Clean Fuel Fleets and Vehicles" (January, 1993); or

c. "Employee Commute Options Guidance" (December, 1992);" or

(d) Any other proposed method approved by the department and EPA."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.28 Reasonably available control technology {#sec-env-a-3002.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.28}

"Reasonably available control technology" or "RACT" for the purposes of Env-A 3000 through Env-A 3200 means "RACT" as defined in RSA 125-J:1,XXV, namely "the lowest emission limitation that a stationary source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.29 Real {#sec-env-a-3002.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.29}

"Real" means "real" as defined in RSA 125-J:1,XXVI, namely "the reduction in baseline emissions from an ERC emission source released into the air."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.30 Shutdown {#sec-env-a-3002.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.30}

"Shutdown" for the purposes of Env-A 3000 means "shutdown" as defined in RSA 125-J:1,XXVII, namely "the cessation of production operations by a person who owns, operates, or controls a device or source."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.31 Source {#sec-env-a-3002.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.31}

"Source" for the purposes of Env-A 3000 means "source" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any mobile, area, or stationary source."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.32 Surplus emissions reductions {#sec-env-a-3002.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.32}

"Surplus emissions reductions" mean, in general, any emission reductions that are not otherwise required of a source, and, specifically, mean the emissions reductions achieved from the baseline emission rate exceed the reductions required:

(a) Under the Act;

(b) By the SIP, including:

(1) Env-A 1204 (VOC RACT); and

(2) Env-A 1211 (NOx RACT), which means that the reductions achieved exceed:

a. The numerical emission limits required in Env-A 1211; and

b. The control technology required in Env-A 1211, which means that no credit shall be granted for the installation of combustion controls (e.g., low NOx burners), regardless of the numerical emission rate achieved by their installation; and

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.33 Transfer {#sec-env-a-3002.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.33}

"Transfer" means "transfer" as defined in RSA 125-J:1,XXXI, namely "the conveyance of an ERC certificate", or DER, "from one person to another person, with or without consideration."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3002.34 User source {#sec-env-a-3002.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3002.34}

"User source" means "user source" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any" mobile, area, or stationary "source that seeks to use DERs" or ERCs "to comply with an applicable emission reduction requirement."

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3003 Erc Generation

N.H. Code Admin. R. Ann. Env-A 3003.01 Limited Authorization {#sec-env-a-3003.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3003.01}

(a) An ERC certified by the department and issued to a generator source under this chapter shall be a limited authorization to hold and transfer such credits.

(b) ERCs shall not constitute a property right.

(c) ERCs shall only be receivable, holdable, and transferable for so long as the credits are certified by the department.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3003.02 General Rule for Computation of ERCs. {#sec-env-a-3003.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3003.02}

The rate of ERCs shall be the difference between:

(a) The baseline emission rate; and

(b) The rate of allowable emissions after certification.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3003.03 Applicable Pollutants {#sec-env-a-3003.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3003.03}

Only emissions reductions occurring after December 31, 1990 from the source types listed in Env-A 3001.01 for the following regulated pollutants shall be eligible for ERCs:

(a) Volatile organic compounds ("VOCs");

(b) Oxides of nitrogen ("NOx"); and

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3003.04 Information Required {#sec-env-a-3003.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3003.04}

To apply for an ERC certificate, any person shall submit the following to the division:

(a) For stationary source reductions, a permit application(s) in accordance with Env-A 600;

(b) A demonstration that the emissions reductions are:

(1) Enforceable;

(2) Permanent;

(3) Quantifiable;

(4) Real; and

(5) Surplus.

(1) A complete description of the Generator source, including an inventory of all emissions sources, which for stationary sources means all emissions sources that were included in the most recently submitted calculations of emission-based fees in accordance with Env-A 704;

(2) The actual activity level and allowable emission rate of each emission source for the applicable pollutant excluding exempt activities as listed in Env-A 609.03(c);

(3) The proposed baseline year, and the proposed baseline annual, ozone season, and peak day emission rates, including detailed calculations in accordance with the following formula or any other method of calculation approved by the division:

Baseline = ERA x PRA = ERH1XPRH1 + ERH2XPRH2 + ... ERH8760XPRH8760

where:

a. ER = the lower of either the actual quantified emission rate or the allowable emission rate, expressed as a mass per unit of production, examples of which are:

Tons of VOC per gallon of solids applied for stationary sources of VOCs;
Tons of NOx per million BTU for stationary sources of NOx;
Tons of VOC or NOx per 1,000 gallons of fuel burned for area sources;
Tons of VOC or NOx per capita for area sources; or
Tons of VOC or NOx per vehicle miles traveled (VMT)- for mobile sources; and

b. PR = the actual quantified production rate, expressed as a unit of production per unit of time, examples of which are:

Gallons of solids applied per year for stationary sources of VOCs;
Million BTU per year for stationary sources of NOx;
1,000 gallons of fuel burned per year for area sources;
Number of persons affected per year for area sources; or
VMT per year for mobile sources;

c. subscript A = annual average; and

d. subscripts H1, H2 ... H8760 = hourly averages for hours one through 8,760.

(4) The proposed allowable annual, ozone season, and peak day emission rates;

(5) An evaluation of applicability of current and known potential future regulations to determine that the proposed reduction is surplus;

(6) A complete description of the method of achieving the reduction, including a complete description of any control equipment involved;

(7) A proposed schedule of implementation, including commitment dates for the following (if applicable):

a. Completion of engineering for any controls to be installed prior to the issuance of the ERC certificate;

b. Submission of permit application(s);

c. Awarding of contract;

d. Initiation of construction;

e. Completion of construction;

f. Initial and periodic quantification of emissions or a proposed uncertainty factor to account for the lack thereof;

g. Submission of emissions reports; and

h. Final achievement of the proposed allowable emission rate; and

(8) Any other information necessary to support the demonstration; and

(d) A statement signed by a responsible official under penalty of law attesting that:

(1) The reductions were calculated in accordance with Env-A 3003.02;

(2) The reductions were not generated in whole or in part from actions prohibited by law; and

(3) The Generator source is not in violation of any emissions limitation of a permit issued by the division or EPA, any consent agreement or court order, any NAAQS, except for ground level ozone, nor any ambient air limit (AAL) for toxics.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3004 Certification of Emissions Reduction Credits

N.H. Code Admin. R. Ann. Env-A 3004.01 Certification of ERCs {#sec-env-a-3004.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.01}

The department shall certify ERCs upon verification by the department that the emissions reductions are real, surplus, quantifiable, enforceable, and permanent, and that the Generator source is not in violation of any emissions limitation of a permit issued by the division or EPA, any consent agreement or any court order, or any NAAQS, except for ground level ozone, or AAL.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.02 Verification Procedures {#sec-env-a-3004.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.02}

The department shall verify that the reductions are:

(a) "Quantifiable", by requiring the Generator source to:

(1) Conduct certified stack testing in accordance with Env-A 800;

(2) Install continuous emissions monitoring in accordance with Env-A 800;

(3) Comply with applicable control technology guidance documents issued by EPA; or

(4) Comply with any other method approved by the department and EPA.

(b) "Real", by subtracting the proposed quantifiable allowable emission rate from the quantifiable baseline emission rate and obtaining a positive result;

(c) "Surplus", by subtracting the proposed quantifiable allowable emission rate from the current allowable emission rate and obtaining a positive result;

(d) "Enforceable", by incorporating limitations on the Generator source's emissions and operations into a federally enforceable document; and

(e) "Permanent", by incorporating limitations on the life of the ERC into a federally enforceable document.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.03 Public Notice Procedures {#sec-env-a-3004.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.03}

Prior to issuing an ERC certificate to any person having certified ERCs, the department shall follow the same procedures for public notice and hearing as the department follows for issuing permits in accordance with Env-A 621.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.04 Issuance of an ERC Certificate {#sec-env-a-3004.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.04}

The department shall issue the certificate in the name of:

(a) The permit holder for a permitted stationary source; or

(b) The person who applied for the certified ERCs for an area source, a mobile source, or a stationary source which is exempt from permitting requirements pursuant to RSA 125-C.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.05 Certificate Content {#sec-env-a-3004.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.05}

The department shall record on the certificate the total amount of ERCs certified to a generator source, together with any conditions required to ensure that such ERCs remain real, surplus, quantifiable, enforceable, and permanent for the life of the ERC, including conditions enabling the department to continue to verify the reductions in accordance with the verification procedures in Env-A 3004.02.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.06 Permitting Requirements {#sec-env-a-3004.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.06}

For every permitted Generator source, the department shall follow the procedures for amending permits in accordance with Env-A 600, and shall record the total amount of certified ERCs, together with any conditions required to ensure that such ERCs remain real, surplus, quantifiable, enforceable, and permanent for the life of the ERC, on an amended permit issued for the Generator source by the division or by EPA.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.07 Certification Eligibility {#sec-env-a-3004.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.07}

All emissions reductions obtained from Generator sources shall be eligible for certification, regardless of whether the reductions were generated from emissions previously regulated under permits issued by the division or EPA, provided that:

(a) The department determines that the reductions are real, surplus, quantifiable, enforceable and permanent; and

(b) Such reductions are certified in accordance with this Chapter.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.08 Basis for Certification {#sec-env-a-3004.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.08}

Emissions reductions shall be certified for use on a calendar year basis. In accordance with Env-A 3004.05, however, additional conditions with shorter bases may be incorporated into an ERC certificate in order to make it a federally enforceable document.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.09 Minimum Amount of Reductions {#sec-env-a-3004.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.09}

The minimum amount of emissions reductions eligible for certification shall be one ton per calendar year, per pollutant. Emissions reductions of less than one ton per calendar year, per pollutant may be aggregated in order to achieve the minimum one ton certification requirement.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3004.10 Certification Ratio {#sec-env-a-3004.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3004.10}

ERCs shall be certified in a ratio of one ton per calendar year of credit for one ton per calendar year of reduction for each applicable pollutant.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3005 Revocation of Emissions Reduction Credits

N.H. Code Admin. R. Ann. Env-A 3005.01 Suspension, Modification, or Revocation {#sec-env-a-3005.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3005.01}

The director shall suspend, modify, or revoke any ERC certificate issued under this chapter, or any portion thereof, upon finding, following a hearing, that:

(a) The certificate holder has committed a violation of this chapter, or any rule, order, permit, or certificate condition in force and applicable to it;

(b) The certificate contains a material mistake;

(d) The certificate issued must be revised to assure that the reductions represented thereon are and remain real, surplus, quantifiable, enforceable and permanent, and in compliance with all terms or conditions issued thereto.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3006 Use of Emissions Reduction Credits

N.H. Code Admin. R. Ann. Env-A 3006.01 List of Issued Certificates and Escrow Accounts {#sec-env-a-3006.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.01}

The department shall:

(a) Maintain a list of ERC certificates which have been issued and a list of all escrow accounts established, the balance of tons of each account, and the amount of monies held within each account;

(b) Publish the lists on January 1, and July 1 of every year;

(d) Update the list on a monthly basis no later than the 10th day of the month; and

(e) Make the updated list available upon request under RSA 91-A.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.02 Transfer of ERCs {#sec-env-a-3006.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.02}

An ERC certificate and the ERCs represented thereon shall be transferable among and between persons and the state upon 7 days prior written notice to the department. Any person and the state shall be able to transfer any amount of ERCs at any time during the calendar year as provided in this chapter.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.03 Procedures for Use {#sec-env-a-3006.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.03}

Procedures for use shall be as follows:

(a) Any ERC certificate shall become void upon the use of the ERCs represented thereon unless consent to use the certificate is requested in writing from the department and consent is granted in advance of said use;

(b) The request shall include the following:

(1) The cost of the ERCs;

(2) If the user source is a stationary source, a permit application(s) in accordance with Env-A 600;

(3) The proposed dates on which the ERCs:

a. Were or will be acquired; and

b. Will be used;

(4) The applicable state and federal requirements with which the ERCs will be used for compliance;

(5) A demonstration that the proposed amount of ERCs to be used are equal to or greater than the difference between the user source's current quantifiable emission rate and the applicable state and federal requirements with which the ERCs will be used for compliance;

(6) Such demonstrations shall exclude any information recorded on the permit application(s) required under (2), above, but shall include the following additional information:

a. A complete description of the User source, including an inventory of all emissions sources, which for stationary sources means all emissions sources that were included in the most recently submitted calculations of emission-based fees in accordance with Env-A 704;

b. The maximum capacity of each emission source;

c. The proposed amount of ERCs to be used and the proposed annual, ozone season, and peak day emission rates, including detailed calculations in accordance with the following formula or any other method of calculation approved by the division:

Use >= CQERA - PFAERA

8760

= S CQERH- PFAERH

H’1

where:

CQER = the current quantifiable emission rate, expressed as a mass per unit of time; and
PFAER = the projected future allowable emission rate, expressed as a unit of mass per unit of time;
subscript A = annual average; and
subscripts H1, H2 ... H8760 = hourly averages for hours one through 8,760.

(7) The emissions quantification protocols that were used to calculate the amount of ERCs required to demonstrate compliance and documentation for the compliance calculation;

(8) A statement signed by a responsible official under penalty of law attesting that due diligence was made to verify that the ERCs were not previously used, or were not generated as a result of actions prohibited under this regulation or other provisions of law;

(9) A statement by a responsible official under penalty of law attesting that the ERCs will not be used in a manner prohibited under this regulation or other provisions of law, including that the ERCs will not be used to violate any NAAQS, except for ground level ozone, or AAL, based on reasonable inquiry, which shall include either review of a previously performed ambient air impact analysis or conductance of a new ambient air impact analysis to ascertain compliance with the NAAQS, except for ground level ozone, for criteria pollutants and compliance with Env-A 1300 or Env-A 1400 for toxic air pollutants; and

(10) Any other information necessary to support the demonstration; and

(d) Pending the department's issuance of a written approval of the use of the credits, the person to whom the ERCs are transferred shall abide by all conditions of all federally enforceable permits and certificates administratively amended in accordance with Env-A 612, or such permits and certificates shall be rendered null and void.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.04 Allowable Use {#sec-env-a-3006.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.04}

Stationary sources may use ERCs, upon division approval, to satisfy any requirement under the Act or RSA 125-C for:

(a) Offsets;

(b) RACT;

(d) RESERVED.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.05 Prohibited Use {#sec-env-a-3006.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.05}

Stationary sources shall not use ERCs to meet the standards or the requirements of:

(a) Federal New Source Performance Standards (NSPS);

(b) National Emission Standards for Hazardous Air Pollutants (NESHAPS);

(d) The requirements for Best Available Control Technology (BACT);

(e) The requirements for Maximum Available Control Technology (MACT);

(f) Any National Ambient Air Quality Standard (NAAQS) for criteria pollutants, except ground level ozone;

(g) Any Prevention of Significant Deterioration (PSD) increment;

(h) Any reduction required as the result of any state or federal enforcement action, consent agreement, or court order;

(i) Emission reductions achieved by sources which received an alternative emission limitation in accordance with a state RACT requirement, except to the extent that the emissions are reduced below the level that would have been required had the alternative emission limitation not been issued;

(j) Any Ambient Air Limit (AAL) for toxic pollutants; or

(k) Any reduction required during an ozone season, unless the ERC was generated during an ozone season.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.06 ERCs for Offsets {#sec-env-a-3006.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.06}

(a) ERCs used in satisfying any offset requirement under the Act or RSA 125-C, and the regulations and rules, including but not limited to Env-A 622, promulgated thereunder, respectively, shall be transferred on a permanent basis and shall have been obtained in accordance with the Act and RSA 125-J and the regulations and rules promulgated thereunder.

(b) In addition to the complying with the requirements of Env-A 3007.05, pursuant to subsection 173(c)(1) of the Act, "the owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under" Title I Part D of the Act "for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the NAAQS" for ozone "in the nonattainment area in which the source is located".

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.07 ERCs for RACT {#sec-env-a-3006.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.07}

ERCs used in satisfying any RACT requirement under the Act or RSA 125-C, and the regulations and rules promulgated thereunder, respectively, shall be transferred on a temporary or permanent basis.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.08 Holding of ERCs {#sec-env-a-3006.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.08}

ERCs held for future use in any calendar year shall not be aggregated for any purpose with ERCs certified for use in any other calendar year. Banking is not allowed. For example, if a generator source installs controls that achieve a 10 ton/year reduction, but the credits are not used until 3 years from the certification date, the credit is still only 10 tons/year, and it is not 30 tons plus 10 tons/year.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.09 ERCs from Shutdowns {#sec-env-a-3006.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.09}

ERCs which have been certified to, or emissions reductions which are eligible for certification to, a generator source which shuts down its production operations shall be public emissions credits and shall revert to the state for use consistent with this chapter, except where such ERCs are to be used at other stationary sources within the state by the person or persons who owned, operated and controlled the Generator source that was shutdown.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.10 Use of ERCs from Shutdowns {#sec-env-a-3006.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.10}

User sources intending to use ERCs in accordance with Env-A 3006.10 shall comply with the following procedures:

(a) Any ERCs shall become public emissions credits and shall revert to the state unless written consent to hold the ERCs is requested in writing and obtained from the department;

(b) Such written consent shall be requested:

(1) Within 120 days following the shutdown (or the effective date of this rule, whichever is later);

(2) At least 30 days before the intended use period begins; and

(3) At least annually, if the intended use period will not begin prior to one year after the most recent request;

(c) Pending the department's determination on the request for approval of the holding of ERCs, the User source shall not use the ERCs; and

(d) The request shall contain all of the information, as set forth in Env-A 3003.04, required to qualify for receipt of a credit.

(e) The request shall contain a demonstration that the proposed reductions are in excess of shifting demand. This demonstration shall include either:

(1) A signed statement that the Generator source shall not shift production, and correspondingly increase emissions, to other sources located either within or outside New Hampshire; or

(2) A signed statement specifying the amount and location of the shifted production, and corresponding emissions increase, to other sources located either within or outside New Hampshire.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.11 Public Emissions Credits {#sec-env-a-3006.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.11}

Public emissions credits obtained by the state pursuant to this chapter shall be used or held for use by the governor and council for meeting any requirement of the SIP, any attainment demonstration under the Act, or for transfer to new or existing stationary sources in the state which require offsets under the Act. In determining the use or transfer of public credits, the governor and council shall consider the following criteria:

(a) Whether the credits will result in job retention, which shall be the highest priority;

(b) Whether the credits will be used for economic development in New Hampshire;

(d) Current New Hampshire businesses shall be given priority over businesses relocating to New Hampshire;

(e) The market value of the credits; and

(f) No less than 75% of public emissions credits generated in serious nonattainment areas shall be applied to requirements applicable in serious nonattainment areas.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.12 Use of Funds {#sec-env-a-3006.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.12}

Funds from the sale of public emissions credits shall be placed in a special account within the air resources permit fund. No less than 50% of these funds shall be used by the governor and council for the acquisition and generation of ERCs for future economic development. The remainder of the funds may be used by the state for the administrative costs associated with implementing the program.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.13 Use of ERCs by Utilities {#sec-env-a-3006.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.13}

The use of ERCs by a utility as defined in RSA 362:2 shall be subject to such additional conditions as ordered pursuant to applicable law by the public utilities commission.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3006.14 Emissions Reduction Credits Trading Program {#sec-env-a-3006.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3006.14}

RESERVED

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3007 Trading of Emissions Reduction Credits

N.H. Code Admin. R. Ann. Env-A 3007.01 ERCs from RACT Sources {#sec-env-a-3007.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.01}

ERCs generated by Generator sources subject to RACT which are transferred to stationary sources subject to RACT shall be transferred in the ratio of 1:1.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.02 ERCs from non-RACT Sources {#sec-env-a-3007.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.02}

ERCs generated by Generator sources not subject to RACT which are transferred to stationary sources for use in satisfying any requirement under the Act or RSA 125-C shall be transferred in accordance with the offset ratios for nonattainment areas as provided in the Act.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.03 Substitution of NOx for VOCs Reductions {#sec-env-a-3007.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.03}

ERCs certified for reductions of nitrogen oxides (NOx), shall be eligible to satisfy any applicable requirements for volatile organic compounds (VOCs). Substitution of NOx for VOCs reductions shall be in a ratio of 1:1, or an alternative ratio approved by the division and EPA. Such proposed substitution shall be consistent with the modeling analyses contained in the SIP; and each proposed substitution shall be required to be supported by a modeling analysis specific to such use that demonstrates that the proposed substitution does not violate any applicable requirement of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) or Env-A 1300 or Env-A 1400.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.04 Ratios {#sec-env-a-3007.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.04}

The ratios provided in Env-A 3007.01, Env-A 3007.02, and Env-A 3007.03 are established solely for the purpose of transferring ERCs between Generator sources and user sources and do not modify, amend or supercede any offset requirements of the Act.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.05 Geographic Scope of Trading {#sec-env-a-3007.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.05}

(a) NOx ERCs. NOx ERCs may be used, in accordance with the ratios provided in Env-A 3007.01, Env-A 3007.02, and Env-A 3007.03, anywhere within New Hampshire if they were generated in New England, except in areas that receive a NOx waiver from EPA pursuant to section 182(f) of the Act, with no additional ratio applied; and

(b) VOC ERCs. VOC ERCs may be used in accordance with the ratios provided in Env-A 3007.01, Env-A 3007.02, and Env-A 3007.03:

(1) Anywhere within New Hampshire if they were generated in New Hampshire, with no additional ratio applied; or

(2) In:

a. The New Hampshire portion of the Serious Nonattainment Boston-Lawrence-Worcester Consolidated Metropolitan Statistical Area only if they were generated in the Serious Nonattainment Boston-Lawrence-Worcester Consolidated Metropolitan Statistical Area;

b. In Coos, Grafton, or Carroll Counties if they were generated within New England and outside of New Hampshire; or

c. In Belknap, Cheshire, or Sullivan Counties if they were generated within New England, outside of New Hampshire, and inside a nonattainment area.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.06 Interstate Trading {#sec-env-a-3007.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.06}

ERCs may be used in New Hampshire even if generated in another state. To facilitate such uses, the authorized representatives of the two States may approve a binding interstate agreement that is approved by USEPA. Such agreement shall contain at least the following provisions:

(b) Upon request by the state where the generator source is located, the State of New Hampshire agrees to provide all relevant information, in a timely manner;

(c) Upon request, the authority of the State where the generator source is located agrees to notify the State of New Hampshire as to whether the ERCs have been used previously;

(d) The authorities of the States where the user and generator sources are located agree to enforce the applicable requirements and their individual State requirements as modified by any valid emissions trades; and

(e) The State of New Hampshire shall determine that the traded reductions were included in the attainment/RFP inventory of the State where the generator source is located and were surplus. Upon such a determination, the State of New Hampshire shall deduct the traded reductions from its attainment/RFP inventory. A separate inventory of actual emissions shall be maintained for modeling purposes.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.07 Delayed Trading {#sec-env-a-3007.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.07}

(a) In the event that sufficient amounts of ERCs are not available for use by a user source required by the department to use ERCs to satisfy past-due RACT requirements, that source shall submit an initial report of the unavailability of usable credits within 60 days of notification of the requirement, and periodically (not less than annually) thereafter, to the department and to EPA.

(b) The department and EPA shall review each report and issue a determination of either approval or disapproval of a delay in the requirement to use ERCs. Prior to issuing the determination, the department shall follow the same procedures for public notice and hearing as the department follows for issuing permits in accordance with Env-A 205.

(c) The length of the delay and the amount of additional ERCs required shall be specified by the department and EPA in the determination.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3007.08 Escrow Accounts {#sec-env-a-3007.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3007.08}

(a) The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs.

(b) RESERVED

(c) Escrow accounts may only be used to satisfy past-due RACT requirements, and the balance, in tons, in any such escrow account shall annually decline by at least 20 percent of the original amount.

(d) The balance of any such escrow account shall be kept in tons, and the balance of each such account shall be increased by one percent at the end of each month.

(e) The commissioner shall require that, at the end of each month, monies shall be held within each such escrow account equal to at least 110 percent of the current market price per ton of ERCs times the balance, in tons of that escrow account.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3008 Inspection, Monitoring and Reconciliation

N.H. Code Admin. R. Ann. Env-A 3008.01 Inspection {#sec-env-a-3008.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3008.01}

For the purpose of determining compliance with this chapter, any rule adopted by the division relative to this chapter or an ERC certificate issued under this chapter, an employee or authorized representative of the division, the department, or EPA shall be allowed to, upon presentation of appropriate credentials and at least once every 3 years or at any other reasonable time:

(a) Enter any facility containing a generator or user source;

(b) Inspect and photograph Generator or user sources which produce or control air pollution and air contaminants, and obtain samples of materials processed in, and generated from, the Generator or user source; and

(1) Air pollution;

(2) Air contaminants;

(3) Generator or user sources which produce or control air pollution and air contaminants;

(4) ERCs which have been applied for by a generator source; or

(5) ERCs which have been issued by the department.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3008.02 Recordkeeping {#sec-env-a-3008.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3008.02}

The director shall require persons certifying and using ERCs to collect, maintain, and submit data, in accordance with Env-A 900, necessary to ensure that ERCs are, and remain, in compliance with all requirements of this chapter and the Act, and with the conditions of the ERC certificates issued hereunder.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3008.03 Monitoring {#sec-env-a-3008.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3008.03}

In order to demonstrate that the amount and rate of ERCs are quantifiable, by definition, Generator sources and any person to whom ERCs are transferred to shall comply with the testing and monitoring requirements specified in Env-A 800, applicable control technology guidance documents issued by EPA, or any other method approved by the department and EPA.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3008.04 Reconciliation {#sec-env-a-3008.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3008.04}

The user of any ERCs shall obtain additional ERCs upon a determination by the department by the above inspection and monitoring procedures that actual emissions are higher than the projected emissions using the certified ERCs. The amount of additional ERCs required shall be specified by the department in a notice of violation and an order of abatement and shall be, at a minimum, equal to the difference between the actual and projected emissions.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3008.05 Program Audits {#sec-env-a-3008.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3008.05}

Trades shall be tracked and audited, individually, by the division at the time of each inspection conducted in accordance with Env-A 3008.01. Post-audit reports shall be submitted to EPA and shall include the following:

(a) Amount and timing of emission reductions (e.g., ERCs used compared to ERCs generated in a given year, ozone season, or day);

(b) Compliance by generators and users;

(d) The effects of remedial measures, if applicable, implemented as a result of previous audit findings; and

(e) The effects on toxic emissions from operation of this rule.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3009 Enforcement

N.H. Code Admin. R. Ann. Env-A 3009.01 Violations {#sec-env-a-3009.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3009.01}

The director shall issue a notice of violation and an order of abatement, which may be appealed in accordance with Env-A 200, establishing a compliance schedule with which the Generator and user source shall comply whenever the director finds that a person who has been issued an ERC has violated:

(a) The provisions of this chapter;

(b) Any rules in force hereunder; or

(c) Any condition of an ERC certificate issued hereunder, including such conditions incorporated into permits issued by the division or EPA.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3009.02 Injunctions {#sec-env-a-3009.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3009.02}

Any violation of Env-A 3009.01(a), Env-A 3009.01(b), or Env-A 3009.01(c) shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3010 Penalties

N.H. Code Admin. R. Ann. Env-A 3010.01 Civil Penalties {#sec-env-a-3010.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3010.01}

Any person who commits the following shall be subject to a civil penalty not to exceed $25,000 for each violation and each day of continuing violation:

(a) A violation of Env-A 3009.01(a), Env-A 3009.01(b), or Env-A 3009.01(c); or

(b) An omission of material information in connection with the certification of ERCs; or

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3010.02 Misdemeanors and Felonies {#sec-env-a-3010.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3010.02}

Any person who knowingly or willfully commits a violation of Env-A 3009.01(a), Env-A 3009.01(b), or Env-A 3009.01(c) shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3010.03 Imprisonment and Fines {#sec-env-a-3010.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3010.03}

In addition to any sentence of imprisonment, probation, or conditional discharge, any person found guilty of any violation pursuant to Env-A 3010.02, notwithstanding RSA 651:2, shall be fined not more than $25,000 for each violation and each day of continuing violation.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3010.04 Length of Violation {#sec-env-a-3010.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3010.04}

For purposes of this regulation, the maximum number of days of violation associated with improper ERC use or insufficient ERC quantity shall be the number of consecutive days with insufficient ERC quantity after taking into account ERCs used to offset excess emissions on a consecutive day basis.

History

#6441, EXEMPT, eff 1-21-97

Chapter Env-A 3100 Discrete Emissions Reductions Trading Program

Part Env-A 3101 Purpose and Scope

N.H. Code Admin. R. Ann. Env-A 3101.01 Purpose {#sec-env-a-3101.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3101.01}

The purpose of this chapter is to establish a process whereby sources may generate and use discrete emissions reductions ("DERs") for compliance with certain volatile organic compounds ("VOCs") and nitrogen oxides ("NOx") requirements, while complying with all other applicable requirements of the Act, RSA 125-C, RSA 125-J, the New Hampshire Rules Governing the Control of Air Pollution, permits, and orders.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3101.02 Scope {#sec-env-a-3101.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3101.02}

(a) Except as provided under part Env-A 3103.07, any source may generate a DER by reducing emissions, in the amount determined under part Env-A 3103.02. DER generators shall certify that DERs are real, properly quantified, and surplus.

(b) Any person may, at any time, transfer, buy, sell, trade, or otherwise convey DERs to another person in any manner in accordance with the laws of New Hampshire.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3102 Definitions

N.H. Code Admin. R. Ann. Env-A 3102.01 Activity level {#sec-env-a-3102.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.01}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.02 Actual emissions rate {#sec-env-a-3102.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.02}

"Actual emissions rate" means "actual emissions rate" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "the actual rate of emissions of a pollutant from a source. Actual emissions as of a particular date shall equal the average rate, in mass per unit of time or mass per unit of activity, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation at a particular time. A different time period may be used if that is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, types of materials processed, stored, or combusted during the selected time period."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.03 Allowable emission rate {#sec-env-a-3102.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.03}

"Allowable emission rate" for the purpose of Env-A 3100 means "allowable emission rate" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any emission limit applicable to a particular source including all Federal and State requirements for the control of tropospheric ozone and the requirements of Title IV of the Act, including but not limited to all requirements in:

(a) A SIP;

(b) The inventories contained in any attainment strategy, maintenance demonstration or ROP plan for any NAAQS; as well as;

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.04 Alternative emission limitation {#sec-env-a-3102.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.04}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.05 Area source {#sec-env-a-3102.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.05}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.06 Attainment area {#sec-env-a-3102.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.06}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.07 Attainment demonstration {#sec-env-a-3102.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.07}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.08 Conformity purposes {#sec-env-a-3102.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.08}

"Conformity purposes" means "conformity purposes" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any reductions required to comply with the conformity requirements contained in 40 CFR part 51, subparts T and W, and part 93, subparts A and B."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.09 Contingency measure {#sec-env-a-3102.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.09}

"Contingency measure" means "contingency measure" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any emission control measure that is adopted into the SIP which shall be implemented whenever there is a failure to meet the ROP

requirement in section 185 of the Act or a failure to attain a NAAQS as projected in an approved attainment demonstration."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.10 Curtailment {#sec-env-a-3102.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.10}

"Curtailment" means "curtailment" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "a temporary or partial reduction in activity level (e.g., hours of operation and process rate)", excluding any "reduction in activity levels for a mobile source that occurs as a result of an activity reduction plan that is the subject of a USEPA emissions quantification protocol."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.11 Demonstration {#sec-env-a-3102.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.11}

"Demonstration" means "demonstration" as defined in Webster's Dictionary, namely "a proving" that is approved by the division or EPA.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.12 Department {#sec-env-a-3102.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.12}

"Department" means "department" as defined in RSA 125-J:1,IX, namely "the department of environmental services."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.13 Discrete emission reduction (DER) {#sec-env-a-3102.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.13}

"Discrete emission reduction (DER)" means "discrete emission reduction (DER)" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons)."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.14 Enforceable {#sec-env-a-3102.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.14}

"Enforceable" means those limitations and conditions on the emission source's:

(a) Emissions; and

(b) Operations, including:

(1) Operating rates;

(2) Hours of operation; or

(3) Types of materials either:

a. Processed;

b. Stored; or

c. Combusted, which are incorporated into a federally enforceable document.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.15 Federally enforceable {#sec-env-a-3102.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.15}

"Federally enforceable" means "federally enforceable" as defined in RSA 125-J:1,XVII, namely "all limitations and conditions which are enforceable by EPA, including those:

(b) Requirements within any applicable SIP, including a generic emissions trading program approved as an economic incentive program;

(c) Requirements in operating permits issued pursuant to 40 CFR part 70 (State Operating Permit Programs), 71 or 72 (Permits Regulation); and

(d) Any permit requirements established:

a. Is incorporated into the SIP; and

b. Expressly requires adherence to any permit issued under such program."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.16 Federally enforceable document {#sec-env-a-3102.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.16}

"Federally enforceable document" means:

(a) A federally enforceable permit issued by the division or EPA;

(b) An ERC certificate issued by the department pursuant to this chapter after EPA approval of the chapter;

(d) Administrative or judicial orders, consent agreements, or enforcement actions.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.17 Generator source {#sec-env-a-3102.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.17}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.18 Maintenance area {#sec-env-a-3102.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.18}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.19 Maintenance plan {#sec-env-a-3102.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.19}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.20 Mobile source {#sec-env-a-3102.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.20}

"Mobile source" for the purposes of Env-A 3000 through Env-A 3200 means "mobile source" as defined in RSA 125-J:1,XVIII, namely "on-road vehicles such as automobiles, trucks and motorcycles, and non-road vehicles such as trains, airplanes, agricultural equipment, industrial equipment, construction vehicles, off-road recreational vehicles and motorcycles and marine vessels."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.21 Netting {#sec-env-a-3102.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.21}

"Netting" means "netting" as defined in RSA 125-J:1,XIX, namely "the process of determining whether or not a net emissions increase of a state or federally regulated pollutant at an existing major source will result from a proposed physical change or change in the method of operation. Netting is used to determine whether or not prevention of significant deterioration ("PSD") or nonattainment new source review applies to modifications at existing sources."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.22 Normal source operation {#sec-env-a-3102.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.22}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.23 Offset {#sec-env-a-3102.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.23}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.24 Ozone season {#sec-env-a-3102.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.24}

"Ozone season" means "ozone season" as defined in Env-A 1211.01(ah), namely, "the period between May 1 and September 30, inclusive."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.25 Permanent {#sec-env-a-3102.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.25}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.26 Protocol {#sec-env-a-3102.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.26}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.27 Quantifiable {#sec-env-a-3102.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.27}

"Quantifiable" means "quantifiable" as defined in RSA 125-J:1,XXIV, namely "that the amount and rate of an ERC", or DER, "have been calculated in accordance with the following methods:

(a) Certified stack testing approved by the division;

(b) Continuous emissions monitoring;

(1) Control technology guidance documents relating to VOC or NOx RACT;

(2) "Guidance to States Developing generic MERC regulations" (February, 1994), including but not limited to:

a. "Guidance for the Implementation of Accelerated Retirement of Vehicles Programs" (February, 1993);

b. "Guidance for Emission Reduction Credit Generation by Clean Fuel Fleets and Vehicles" (January, 1993); or

c. "Employee Commute Options Guidance" (December, 1992);" or

(d) Any other proposed method approved by the department and EPA."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.28 Reasonably available control technology {#sec-env-a-3102.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.28}

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.29 Real {#sec-env-a-3102.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.29}

"Real" means "real" as defined in Webster's Dictionary, namely "actual".

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.30 Shutdown {#sec-env-a-3102.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.30}

"Shutdown" for the purposes of Env-A 3100 means "shutdown" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "the permanent cessation of the activity that results in emissions at all or part of a source, excluding scrappage of mobile sources."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.31 Source {#sec-env-a-3102.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.31}

"Source" for the purposes of Env-A 3100 means "source" as defined in the US EPA's proposed Model Open Market Trading Rule (60 FR 39668, August 3, 1995), namely, "any mobile, area, or stationary source."

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.32 Surplus emissions reductions {#sec-env-a-3102.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.32}

(a) Under the Act;

(b) By the SIP, including:

(1) Env-A 1204 (VOC RACT); and

(2) Env-A 1211 (NOx RACT), which means that the reductions achieved exceed:

a. The numerical emission limits required in Env-A 1211; and

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3102.33 User source {#sec-env-a-3102.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3102.33}

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3103 Der Generation

N.H. Code Admin. R. Ann. Env-A 3103.01 Limited Authorization to Emit {#sec-env-a-3103.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.01}

(a) A DER created under this rule shall be a limited authorization to emit NOx and/or VOC.

(b) A DER shall not constitute a property right.

(c) Nothing in this rule shall be construed to limit the authority of the division or the United States EPA to terminate or limit such authorization.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.02 General Rule for Computation of DERs. {#sec-env-a-3103.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.02}

The amount of DERs shall be the difference between:

(a) The amount of VOC or NOx emissions that would have been emitted from the source during the generation period calculated by multiplying the actual activity levels during that period by the lower of:

(1) The lowest applicable allowable emissions rate; or

(2) The actual emissions rate that would have been emitted based on normal source operation; and

(b) The amount of actual emissions during the generation period based on actual activity levels during that period.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.03 Mathematical Equation for Computation of DERs. {#sec-env-a-3103.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.03}

The amount of DERs shall be calculated in accordance with the following equation:

DERs = 1Sn (ALA x ER - EA)

where:

(a) AL = the activity level during the generation period, expressed as a unit of activity, examples of which are:

(1) Gallons of solids applied for stationary sources of VOCs;

(2) Million BTU for stationary sources of NOx;

(3) 1,000 gallons of fuel burned for area sources;

(4) Number of persons affected for area sources; or

(5) Vehicle miles traveled (VMT) for mobile sources;

(b) Subscript A = actual;

(c) ER = the lowest allowable or historical actual emission rate that would have been emitted during the generation period, expressed as a mass per unit of production, examples of which are:

(1) Tons of VOC per gallon of solids applied for stationary sources of VOCs;

(2) Tons of NOx per million BTU for stationary sources of NOx;

(3) Tons of VOC or NOx per 1,000 gallons of fuel burned for area sources;

(4) Tons of VOC or NOx per capita for area sources; or

(5) Tons of VOC or NOx per VMT - for mobile sources;

(d) E = the amount (typically expressed in tons) of emissions; and

(e) n = the number of units comprising the source.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.04 Sources Subject to Emissions Caps {#sec-env-a-3103.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.04}

(a) For the purposes of Env-A 3103.02(a)(1) and Env-A 3103.03, the term "allowable emissions rate" includes a source's allowable amount of total emissions for the generation period, as may be specified in that source's federally enforceable operating permit, in the SIP, or included with respect to that source in the attainment demonstration or maintenance plan (or the emissions inventory that forms the basis for such demonstration or plan).

(b) For sources subject to emissions caps, if the generation period differs from the period of the emissions cap, then the allowable emissions rate for the generation period shall be adjusted to reflect the proportion of the generation period to the period of the emissions cap.

(c) Amounts determined under paragraph (b) of this section, shall be adjusted to the extent necessary to exclude emission reductions resulting from shutdowns or curtailments.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.05 Sources Subject to Multiple Emissions Limitations {#sec-env-a-3103.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.05}

If a source is subject to multiple emissions limitations, the amount of DERs shall be determined by reference to the emissions limitation that results in the least amount of DERs.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.06 Protocols {#sec-env-a-3103.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.06}

The amount of DERs shall be calculated using quantification protocols that meet the requirements of part Env-A 3107.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.07 Limitations on Generation {#sec-env-a-3103.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.07}

A DER shall not be formed by emissions reductions of activities or source categories identified in this section:

(a) Shutdowns;

(b) Curtailments;

(d) Emissions reductions required to comply with any provision under the Act for control of tropospheric ozone and Title IV of the Act, including but not limited to:

(1) Administrative and judicial orders issued pursuant to enforcement actions;

(2) Any provision of a Federal implementation plan; and

(3) Requirements for reasonable further progress or attainment of the ozone NAAQS that are adopted into the New Hampshire Rules Governing the Control of Air Pollution, including but not limited to the reductions required by Env-A 1204 ("VOC RACT") and Env-A 1211 ("NOx RACT").

(e) Emission reductions of hazardous air pollutants, as defined in section 112 of the Act, from application of a standard promulgated under section 112 of the Act.

(f) Reductions credited or used under any other emissions trading program, including any mobile source averaging, banking, and trading program.

(g) Emission reductions occurring at a source which received an alternative emission limitation to meet a State RACT requirement, except to the extent that the emissions are reduced below the level that would have been required had the alternative emission limitation not been issued.

(h) Emission reductions generated prior to the start of the ozone season in 1995.

(i) Any source subject to a RACT limit pursuant to the Act, Env-A 1204, or Env-A 1211, but with respect to which the State has not determined the RACT limit, until the State determines RACT through a permit or RACT Order.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3103.08 Notice and Certification of Generation {#sec-env-a-3103.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3103.08}

(a) For sources generating DERs prior to the effective date of this rule, the owner or operator of a generator source shall provide a Notice and Certification of Generation to the division no later than 90 days after the effective date of this rule.

(b) For sources generating DERs after the effective date of this rule, the owner or operator of a generator source shall provide a Notice and Certification of Generation to the division:

(1) No later than 90 days after the DER generation activity was completed,

(2) One year after the first day of the generation period (and at least annually thereafter if longer than one year), or

(3) Prior to the first day of the use period, whichever is sooner.

(d) The Notice and Certification of Generation shall include the following information:

(1) For stationary source reductions, identifying information, including:

a. The name and address of the generator source, and

b. The name of the owner and/or operator of the generator source.

(2) For mobile source related reductions, identifying information as required in the applicable protocol, identified under (6) below, or described in USEPA guidance on protocols, including but not limited to:

a. "Guidance to States Developing generic Emission Reduction Credits from Mobile Sources (MERC) regulations" (February, 1994);

b. "Guidance for the Implementation of Accelerated Retirement of Vehicles Programs" (February, 1993);

c. "Guidance for Emission Reduction Credit Generation by Clean Fuel Fleets and Vehicles" (January, 1993); or

d. "Employee Commute Options Guidance" (December, 1992);".

(3) The generation period.

(4) A brief description of the generation activity.

(5) The amount of DERs generated during the ozone season and the amount of DERs generated during other parts of the year.

(6) The protocols that were used to calculate and document the DERs.

(7) A list of all the generator source's applicable allowable emission rates.

(8) A statement that the reductions were calculated in accordance with section Env-A 3103.02.

(9) A statement that the DERs were not generated in whole or in part from actions prohibited pursuant to section Env-A 3103.07.

(10) For each source subject to either New Hampshire's toxic air pollutant rules under Env-A 1300 or Env-A 1400 or subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amounts of toxic air pollutants, as defined in Env-A 1300 or Env-A 1400, and hazardous air pollutants, as defined below, emitted to the air as the result of the generation of the DER, except this provision shall not apply for DERs generated by NOx emissions reductions and for DERs generated by VOC emissions reductions if the emissions of each and every toxic or hazardous air pollutant do not increase and no new toxic or hazardous air pollutant is emitted and the generator source is in compliance with the ambient air limits (AALs) established by Env-A 1300 or Env-A 1400.

a. A pollutant shall be reported under this paragraph, only if it:

i. Has an AAL established by Env-A 1300 or Env-A 1400; or

ii. Is listed both in 40 CFR 372.65 and section 112(b) of the Act, and it is a chemical which the source is reporting or expects to report under 40 CFR part 372 for the calendar year in which the DER was generated.

b. Any quantity of a pollutant that the generator source knows, in accordance with the requirements in 40 CFR 372.30(b), is emitted as the result of the DER generation shall be reported.

c. The notice shall include:

i. The name and CAS number (if applicable) of each chemical reported under this paragraph;

ii. If the chemical identity is claimed trade secret under 40 CFR 372, a generic name for the chemical as reported under 40 CFR 372.85(b)(11);

iii. A mixture, as defined in 40 CFR 372.3, component identity if the chemical identity is not known; and

iv. An estimate, in pounds, of total air emissions for the source for each chemical reported under this paragraph for the relevant time period of DER generation. Releases of less than 1,000 pounds may be indicated in ranges.

(e) Any Notice and Certification of Generation submitted pursuant to this section shall contain certification under penalty of law by a responsible official of the generator source of truth, accuracy and completeness. This certification shall state that:

(1) Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete; and

(2) The generator source is in compliance with all NAAQS, except for ground level ozone, and all AALs for toxics.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3104 Der Use

N.H. Code Admin. R. Ann. Env-A 3104.01 Governmental Approvals {#sec-env-a-3104.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.01}

No prior Federal, State, or local governmental approval shall be necessary for the use of DERs, except:

(a) For DERs that shall be used for NSR offsets, State approval pursuant to Env-A 618 shall be required; and

(b) Unique serial numbers shall be assigned by the division to each ton of DERs prior to use.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.02 Time of Acquisition {#sec-env-a-3104.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.02}

DERs shall not be used unless they are acquired by the user source before the compliance period for which the specific DERs are to be used, except in cases where that use is required by the department as part of a compliance plan and that compliance plan stipulates that at the time of use, DER users shall permanently retire additional DERs dedicated to that particular use, such that the amount of DERs required to demonstrate compliance shall equal the source's calculated need divided by an appropriate noncompliance penalty adjustment factor (for example, 0.8).

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.03 Time of Use {#sec-env-a-3104.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.03}

DERs are available for use after the State has received the Notice and Certification of Generation pursuant to part Env-A 3103.08.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.04 Sufficiency {#sec-env-a-3104.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.04}

The user source shall hold sufficient DERs to cover its compliance obligation at all times.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.05 Permits {#sec-env-a-3104.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.05}

(a) For sources subject to Env-A 600, the temporary permit when issued, or the operating permit when revised pursuant to that Chapter, shall include in the list of compliance options the option of using DERs for compliance purposes.

(b) The Notices of Intent to Use DERs and Notice and Certification of Use shall be attached to the user source's operating permit, if applicable.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.06 Environmental Contribution {#sec-env-a-3104.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.06}

At the time of use, DER users shall permanently retire ten percent of all DERs dedicated to that particular use, such that the amount of DERs required to demonstrate compliance shall equal the source's calculated need divided by 0.9. This environmental contribution shall be taken before any noncompliance penalty adjustment factor is applied under Env-A 3104.02, such that the amount of DERs required to demonstrate compliance shall equal (the source's calculated need divided by 0.9) divided by the appropriate noncompliance penalty adjustment factor.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.07 Compliance Calculation {#sec-env-a-3104.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.07}

The amount of DERs needed to demonstrate compliance shall be the difference between:

(a) The actual emissions expressed in tons or the alternative limit under which the source will operate, and

(b) The allowable emissions based on actual activity levels expressed in tons.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.08 Notice of Intent to Use DERs {#sec-env-a-3104.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.08}

(a) DERs may be used only if the owner or operator of the user source submits to the division a Notice of Intent to Use DERs.

(b) The Notice of Intent to Use DERs shall be submitted at least 30 days before the intended use period begins, and at least annually if the use period is greater than one year.

(d) The Notice of Intent to Use DERs shall include the following information:

(1) The name and location of the user.

(2) The name and identification number of the emissions unit, the permit number (if applicable), and the applicable pollutant (VOC or NOx).

(3) The applicable requirements and state requirements that the DERs will be used to comply with and the intended use period.

(4) A copy of the Notice and Certification of Generation submitted by the generator source to the State.

(5) The protocols that will be used to document the amount of DERs needed to demonstrate compliance.

(6) For each source subject to either New Hampshire's toxic air pollutant rules under Env-A 1300 or Env-A 1400 or subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amounts of toxic air pollutants, as defined in Env-A 1300 or Env-A 1400, and hazardous air pollutants, as defined below, expected to be emitted to the air as the result of the use of the DERs to meet the otherwise applicable requirements, except this provision shall not apply for DERs used to meet NOx requirements.

a. A pollutant shall be reported under this paragraph, only if it:

i. Has an AAL established by Env-A 1300 or Env-A 1400; or

b. Any quantity of a pollutant that the user source knows, in accordance with the requirements in 40 CFR 372.30(b), will be emitted as the result of the DER use shall be reported. The estimated amount shall include expected emissions increases (if any) and any expected forgone emission reductions due to use of the DERs instead of non-DER compliance with otherwise applicable requirements.

c. The Notice required under this section shall contain the same information as required under the Notice and Certification of Generation pursuant to subparagraph Env-A 3103.08(d)(10)c.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.09 Notice and Certification of Use {#sec-env-a-3104.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.09}

(a) The owner or operator of a user source shall submit to the division a Notice and Certification of Use that contains the information described in paragraph (d) of this section within 90 days after the end of the use period or one year after the beginning of the use period, whichever is sooner.

(b) The owner or operator of a user source shall provide the required information for each increment of DERs used over a time period not to exceed one year, except that all notices after the initial notice may incorporate required information contained in the initial notice by reference, if that information has not changed.

(d) The initial Notice and Certification of Use shall include the following information:

(1) The cost of the DERs;

(2) The name and location of the owner or operator of the user source.

(3) The date(s) on which the DERs were acquired.

(4) The amount of DERs used and the associated serial numbers assigned by the division.

(5) The use period.

(6) The applicable requirements and state requirements that the DERs were used to comply with.

(7) The protocols that were used to calculate the amount of DERs required to demonstrate compliance and documentation for the compliance calculation under section Env-A 3104.07.

(8) A statement that due diligence was made to verify that the DERs were not previously used, not generated as a result of actions prohibited under this regulation or other provisions of law.

(9) A statement that the DERs were not used in a manner prohibited under this regulation or other provisions of law.

(10) A copy of the relevant Notice and Certification of Generation.

(11) For each source subject to either New Hampshire's toxic air pollutant rules in accordance with Env-A 1300 or Env-A 1400 or subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amounts of toxic air pollutants, as defined in Env-A 1300 or Env-A 1400, and hazardous air pollutants, as defined in Env-A 3103.08(d)(10)a.ii., emitted to the air as the result of the use of the DER to meet otherwise applicable requirements, except this provision shall not apply for DERs used to meet NOx requirements.

a. The estimated amount shall include emissions increases (if any) and any forgone emission reductions due to use of DERs instead of non-DER compliance with otherwise applicable requirements.

b. The Notice required under this section shall contain the same information as required under the Notice and Certification of Generation pursuant to subparagraph Env-A 3103.08(d)(10)c.

(e) Any Notice and Certification of Use submitted pursuant to this regulation shall contain certification under penalty of law by a responsible official of truth, accuracy and completeness. This certification shall state that:

(1) Based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete; and

(2) The user source is in compliance with all NAAQS, except for ground level ozone, and all AALs for toxics.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.10 Use Limitations {#sec-env-a-3104.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.10}

DERs shall not be used:

(a) Before acquisition by the user of the DERs;

(b) For netting or other means to avoid the applicability of NSR requirements;

(d) To meet Act requirements for:

(1) New source performance standards (NSPS) under section 111;

(2) Lowest achievable emission rate (LAER) standards under section 173(a)(2);

(3) Best available control technology (BACT) standards under section 165(a)(4);

(4) Hazardous air pollutant (HAP) standards under section 112, including the requirements for Maximum Available Control Technology (MACT);

(5) Standards for solid waste combustion under section 129;

(6) Requirements for a vehicle inspection and maintenance program under sections 182(b)(4) or (c)(3);

(7) Requirements for an employer trip reduction program under section 182(d)(1)(B);

(8) Ozone control standards set under section 183;

(9) Clean fueled fleet requirements under section 246;

(10) Motor vehicle emissions standards under section 202;

(11) Standards for nonroad vehicles under section 213;

(12) Requirements for reformulated gasoline under section 211(k); or

(13) Requirements for Reid vapor pressure standards under section 211(h) and (i);

(e) State motor vehicle emission standards;

(f) NOx reductions shall not be exchanged for VOC increases, in a ratio other than 1:1, except when adequate prior analyses have been performed by the state which indicate that the nature of trades meeting specific criteria was consistent with expected lower ozone concentrations, in accordance with the following general criteria:

(1) Lower ozone concentrations shall be expected where the interpollutant trading involves excess NOx emission reductions in locations where ozone is limited by available NOx;

(2) These prior analyses may be performed by the State(s) or by others in support of one or more SIP's;

(3) Although a user may perform modeling analyses to support each proposed use of specific DERs, this shall not be required;

(4) In the event a user and generator were in different States, review responsibility shall be consistent with the policy on interstate trades; and

(5) Where such interpollutant trades are permitted by States, the distance and direction considerations pursuant to Env-A 3105 shall apply;

(g) To meet requirements during an ozone season unless the DER was generated during an ozone season; or

(h) To meet requirements contained in Title IV of the Act.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.11 Delayed Trading {#sec-env-a-3104.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.11}

(a) In the event that sufficient amounts of DERs are not available for use by a user source required by the department to use DERs to satisfy past-due RACT requirements, that source shall submit an initial report of the unavailability of usable credits within 60 days of notification of the requirement, and periodically (not less than annually) thereafter, to the department and to EPA.

(b) The department and EPA shall review each report and issue a determination of either approval or disapproval of a delay in the requirement to use DERs. Prior to issuing the determination, the department shall follow the same procedures for public notice and hearing as the department follows for issuing permits in accordance with Env-A 205.

(c) The length of the delay and the amount of additional DERs required shall be specified by the department and EPA in the determination.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3104.12 Escrow Accounts {#sec-env-a-3104.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3104.12}

(a) The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of DERs.

(b) RESERVED

(c) Escrow accounts may only be used to satisfy past-due RACT requirements, and the balance, in tons, in any such escrow account shall annually decline by at least 20 percent of the original amount.

(d) The balance of any such escrow account shall be kept in tons, and the balance of each such account shall be increased by one percent at the end of each month by the user source.

(e) The commissioner shall require that, at the end of each month, monies shall be held within each such escrow account equal to at least 110 percent of the current market price per ton of DERs times the balance, in tons of that escrow account.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3105 Geographic Scope of Trading

N.H. Code Admin. R. Ann. Env-A 3105.01 Geographic Scope {#sec-env-a-3105.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3105.01}

(a) NOx DERs may be used anywhere within New Hampshire, subject to Env-A 3105.02 and Env-A 3108, if they were generated in New England, except in areas that receive a NOx waiver from EPA pursuant to section 182(f) of the Act, with no additional ratio applied.

(b) VOC DERs may only be used, subject to Env-A 3105.02 and Env-A 3108:

(1) Anywhere within New Hampshire if they were generated in New Hampshire; or

(2) In:

b. In Coos, Grafton, or Carroll Counties if they were generated within New England and outside of New Hampshire; or

c. In Belknap, Cheshire, or Sullivan Counties if they were generated within New England, outside of New Hampshire, and inside a nonattainment area.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3105.02 Interstate Trading {#sec-env-a-3105.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3105.02}

DERs may be used in New Hampshire even if generated in another state. To facilitate such uses, the authorized representatives of the two States may approve a binding interstate agreement that is approved by USEPA. Such agreement shall contain at least the following provisions:

(a) Upon request by the authorized representative of New Hampshire, the authority of the State where the generator source is located agrees to provide all relevant information concerning the generator source and the DER generation including, but not limited to, emission limitations and permits issued to the generator source, if any, as well as the Notice and Certification of Generation or other such supporting documentation, in a timely manner;

(b) Upon request by the state where the generator source is located, the State of New Hampshire agrees to provide all relevant information, including the Notice of Intent to Use DERs and the Notice and Certification of Use or other such supporting documentation, in a timely manner;

(c) Upon request, the authority of the State where the generator source is located agrees to notify the State of New Hampshire as to whether the DERs have been used previously;

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3106 Recordkeeping and Public Availability

N.H. Code Admin. R. Ann. Env-A 3106.01 Recordkeeping {#sec-env-a-3106.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3106.01}

(a) The generator source shall maintain records that adequately document the protocol and specific data by which a DER is quantified.

(b) Generator sources shall transfer copies of all such documentation to any transferee at the time that ownership of a DER is transferred.

(c) The user source shall maintain records that document the protocol and specific data by which the amount of DERs needed for compliance was determined.

(d) The user source shall maintain all relevant documentation for a minimum of five years after a DER is used for compliance.

(e) Any person wishing to destroy records shall request approval from the director in accordance with Env-A 901.09.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3106.02 Public availability {#sec-env-a-3106.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3106.02}

All information, as described in (a) and (b) below, submitted to the State for compliance with this rule shall be available to the public under RSA 91-A, and this information shall not be considered confidential business information.

(a) The division shall make all notices submitted by sources pursuant to this rule available for public review.

(1) For sources with operating permits, the division shall attach copies of these notices to the copy of the operating permit retained in the State offices; and

(2) For sources that do not have operating permits, the division shall make these notices available in a similar manner to Env-A 621; and

(b) The sources shall make all documentation under Env-A 3106.01 that supports the notices submitted to the State available to the public.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3107 Protocol Development and Approval

N.H. Code Admin. R. Ann. Env-A 3107.01 General Rule {#sec-env-a-3107.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3107.01}

To quantify the amount of DERs generated and the amount needed for compliance, sources shall use quantification protocols in accordance with the requirements of this part.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3107.02 Quantification Protocols {#sec-env-a-3107.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3107.02}

(a) If an EPA-approved quantification protocol exists for a given application, it may be used.

(b) If a credit generator wishes to deviate to some extent from an approved protocol, or develop a new protocol, the generator shall do so in accordance with guidance set forth by USEPA, and USEPA approval need not be obtained in advance, however, USEPA reserves the right to reject the protocol and any resulting credits whether or not the protocol was followed.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3107.03 Protocol Methods {#sec-env-a-3107.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3107.03}

Protocols shall contain methods that are credible, practicable, enforceable, and replicable and shall include each of the following elements:

(a) A description of the calculation methods used for determining the reductions achieved by the emissions controls as implemented;

(b) Estimates of the accuracy of the appropriate USEPA test method, if available, not to exceed some given value;

(c) A description of the recordkeeping program that permits verification of production, materials used, and use of control equipment;

(d) The USEPA test methods where available; and

(e) A requirement for complete, verifiable records on production, materials used and use of control equipment.

(f) Quantification uncertainty adjustment factors applied to the calculated amount of DERs to correct for any inaccuracies estimated in (b), above.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3107.04 Protocol Content {#sec-env-a-3107.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3107.04}

A protocol may contain the following:

(a) Emission quantification methods contained in an applicable Federally approved operating permit; or

(b) Emission quantification methods approved in the applicable SIP.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3108 Der Use for Nsr & Conformity Purposes

N.H. Code Admin. R. Ann. Env-A 3108.01 General Rule {#sec-env-a-3108.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3108.01}

All DERs used to:

(a) Meet NSR offset requirements shall comply with the requirements of section 173 of the Act and 40 CFR 51.165(a) including the requirements of Env-A 3108.02.

(b) Meet conformity requirements shall comply with 40 CFR part 51, subparts T and W and part 93 subparts A and B.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3108.02 Specific Requirements for NSR {#sec-env-a-3108.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3108.02}

(a) The State shall approve the use of specific DERs that cover at a minimum 1 year of operation of the new or modified source in the NSR permit.

(b) The NSR permit shall contain an enforceable requirement that the source obtain at least one additional year of offsets before continuing operation in each subsequent year.

(c) The NSR permit shall contain an enforceable commitment that before receiving any operating permit or permit renewal, the operating permit shall contain an enforceable condition that the source shall obtain offsets for each subsequent year before continuing to operate in each subsequent year.

(d) In addition to the complying with the requirements of Env-A 3105, pursuant to subsection 173(c)(1) of the Act, "the owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under" Title I Part D of the Act "for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the NAAQS" for ozone "in the nonattainment area in which the source is located".

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3109 Program Audits

N.H. Code Admin. R. Ann. Env-A 3109.01 Program Audits {#sec-env-a-3109.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3109.01}

Beginning no later than 1999 and at least every 3 years thereafter (coinciding with the periodic inventory submittals required under section 182 of the Act), the division shall audit this program to evaluate at a minimum, the following program elements:

(a) Amount and timing of emission reductions (e.g., DERs used compared to DERs generated in a given year or ozone season);

(b) Compliance by generators and users;

(c) The effect of the program on temporal and spatial assumptions in the attainment demonstration, and Reasonable further progress plans;

(d) The effects of remedial measures, if applicable, implemented as a result of previous audit findings.

(e) The effects on toxic emissions from operation of this rule.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3109.02 Remedial Measures {#sec-env-a-3109.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3109.02}

As determined by the division, the division shall institute remedial measures to the extent necessary.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3109.03 Audit Results {#sec-env-a-3109.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3109.03}

The audit data and results shall be completed, submitted to USEPA, and available for public inspection within one year after the audit begins.

History

#6441, EXEMPT, eff 1-21-97

Part Env-A 3110 Enforcement

N.H. Code Admin. R. Ann. Env-A 3110.01 Compliance Burden {#sec-env-a-3110.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3110.01}

(a) The DER user source shall be responsible for assuring that the generation and use of DERs comply with this rule.

(b) The DER user source (not the enforcing authority) bears the burden of proving that DERs used are valid and sufficient and that the DER use meets all applicable requirements of this rule.

(d) In the event of enforcement against the user source for non-compliance, it shall not be a defense for the purpose of determining civil liability that the user source relied in good faith upon the generator source's representations.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3110.02 Violation Day Definition for User Source Excess Emissions {#sec-env-a-3110.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3110.02}

(a) Section 113(b) of the Act authorizes a maximum civil penalty of $25,000 per day for each violation.

(b) For purposes of this regulation, the maximum number of days of violation associated with improper DER use or insufficient DER quantity shall be the number of consecutive days with insufficient DER quantity after taking into account DERs used to offset excess emissions (converted to units of mass) on a consecutive day basis.

(c) If a user is unable to document actual emissions rate on a daily basis, the maximum number of days of violation shall include every day since the beginning of the use period during which there was insufficient DERs.

(d) Failure to keep adequate records, as required by Env-A 3106, shall be equivalent to a lack of creditable DERs.

History

#6441, EXEMPT, eff 1-21-97

N.H. Code Admin. R. Ann. Env-A 3110.03 Violations {#sec-env-a-3110.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3110.03}

The director shall issue a notice of violation and an order of abatement, which may be appealed in accordance with Env-A 200, establishing a compliance schedule with which the user source shall comply whenever the director finds that enforcement against the user source for non-compliance is warranted.

History

#6441, EXEMPT, eff 1-21-97

Chapter Env-A 3200 NOx BUDGET TRADING PROGRAM

Part Env-A 3201 Purpose

N.H. Code Admin. R. Ann. Env-A 3201.01 Purpose {#sec-env-a-3201.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3201.01}

The purpose of this chapter is to implement the NOx Budget Program established by RSA 125-J:2 and RSA 125-J:2-a, which requires reductions in ozone season NOx emissions from NOx budget sources, as defined in RSA 125-J:1, XIX-b, in order to further the effort to achieve the national ambient air quality standards (NAAQS) for ozone.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3202 Applicability

N.H. Code Admin. R. Ann. Env-A 3202.01 Applicability {#sec-env-a-3202.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3202.01}

This chapter shall apply to the owner or operator of the following sources:

(a) Eversource facilities MK1, MK2, MKCT1, MKCT2, SR4 through SR6, SRCT1, NT1, WL1, and LN1;

(b) Granite Ridge Energy; and

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3203 Definitions

N.H. Code Admin. R. Ann. Env-A 3203.01 Account number {#sec-env-a-3203.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.01}

“Account number” means the identification number given by the administrator of the NOx allowance tracking system (NATS), as defined in Env-A 3203.39, to an account in which allowances are held in the NOx allowance tracking system.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.02 Account {#sec-env-a-3203.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.02}

“Account” means the place in the NOx allowance tracking system where allowances are recorded, either:

(a) A compliance account, where allowances are held by a budget source;

(b) An overdraft account, where allowances are held by a group of budget sources; or

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.03 Acquiring account {#sec-env-a-3203.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.03}

“Acquiring account” means the party in an allowance transfer who obtains allowances through purchase, trade, auction or gift.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.04 Affected facilities {#sec-env-a-3203.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.04}

“Affected facilities” means fossil fuel-fired boilers or indirect heat exchangers with a maximum rated heat input capacity of 250 MMBtu/Hour or more which operated at any time in calendar year 1990.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.05 Allocate {#sec-env-a-3203.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.05}

“Allocate” means the initial assignment of allowances to a budget source through this regulation, and recorded by the administrator to a NOx allowance tracking system account. The term includes “allocation.”

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.06 Allocation period {#sec-env-a-3203.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.06}

“Allocation period” means any one of 3 time periods to which allowances are allocated including the period 1999 through 2002, the period 2003 through 2005 and the period 2006 and beyond.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.07 Allowance {#sec-env-a-3203.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.07}

“Allowance” means “NOx budget allowance” as defined in RSA 125-J:1, XIX-a, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.08 Allowance deduction {#sec-env-a-3203.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.08}

“Allowance deduction” means the withdrawal of allowances by the administrator for permanent retirement from a NOx allowance tracking system account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.09 Allowance transfer {#sec-env-a-3203.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.09}

“Allowance transfer” means the conveyance of one or more allowances from one account to another by whatever means, including but not limited to purchase, trade, auction, or gift in accordance with the procedures established in this chapter, effected by the submission of an allowance transfer request to the NATS administrator.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.10 Allowance transfer deadline {#sec-env-a-3203.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.10}

“Allowance transfer deadline” means 12:01 a.m. on December 1 and is the deadline for recording allowances in a budget source’s compliance or overdraft account for purposes of meeting the requirements of this regulation for the preceding control period.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.11 Alternative monitoring system {#sec-env-a-3203.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.11}

“Alternative monitoring system” means a system or component of a system, designed to provide direct or indirect data of mass emissions per time period, pollutant concentrations, or volumetric flow, as provided for in this chapter.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.12 Authorized Account Representative (AAR) {#sec-env-a-3203.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.12}

“Authorized Account Representative (AAR)” means the responsible person who is authorized, in writing, to transfer and otherwise manage allowances as well as certify reports to the NATS and the NOx emissions tracking system (NETS), as defined in Env-A 3203.40.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.13 Banked allowance {#sec-env-a-3203.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.13}

“Banked allowance” means an allowance that is not used to reconcile emissions in the designated year of allocation but which is carried forward into the next year and flagged in the account as banked.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.14 Banking {#sec-env-a-3203.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.14}

“Banking” means the retention of unused allowances from one control period for use in a future control period.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.15 Baseline {#sec-env-a-3203.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.15}

“Baseline” means the NOx emission inventory approved by the ozone transport commission (OTC) as the official 1990 baseline emissions of May 1 through September 30 for purposes of the NOx budget program.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.16 Budget {#sec-env-a-3203.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.16}

“Budget” means the number, in tons per season, of NOx emissions which results from the application of the emission reduction requirement of the OTC MOU dated September 27, 1994, and which is the maximum amount of NOx emissions which may be released from the budget sources collectively during a given control period. The term includes “emission budget.”

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.17 Budget source {#sec-env-a-3203.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.17}

“Budget source” means “NOx budget source” as defined in RSA 125-J:1, XIX-b, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.18 Compliance account {#sec-env-a-3203.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.18}

“Compliance account” means the account for each budget source in the NOx allowance tracking system, in which are held current and future year allowances useable for a specific designated control period as indicated by their unique serial number.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.19 Control period {#sec-env-a-3203.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.19}

“Control period” means the period beginning May 1 of each year and ending on September 30 of the same year, inclusive.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.20 Current year {#sec-env-a-3203.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.20}

“Current year” means the calendar year in which the action takes place or for which an allocation is designated.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.21 Early reduction allowance {#sec-env-a-3203.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.21}

“Early reduction allowance” means NOx emission reductions achieved during the control period of 1998 and certified by the department pursuant to special temporary rules adopted by the commissioner in accordance with RSA 125-J:12,I.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.22 Electric generating device {#sec-env-a-3203.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.22}

“Electric generating device” means any fossil fuel-fired combustion device of 15 MW capacity or greater which provides electricity for sale or use.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.23 Electric output {#sec-env-a-3203.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.23}

“Electric output” means the electric generation, in MWh, from an electric generating device.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.24 End-use efficiency projects {#sec-env-a-3203.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.24}

“End-use efficiency projects” means those power conservation projects that:

(a) Are implemented by, or on behalf of, a consumer of electric power in New Hampshire;

(b) Reduce consumers’ consumption of power;

(d) Are in operation in the control period for which allowances from the energy efficiency and renewable energy set-aside under Env-A 3205.06 are claimed; and

(e) Correspond to no less than one ton of utility NOx emissions reductions either individually or when aggregated with other similar projects.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.25 Eversource {#sec-env-a-3203.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.25}

“Eversource” means Eversource Energy, formerly known as Public Service Company of New Hampshire (PSNH), or its successor(s)-in-interests or assignee(s) or any organizational unit thereof.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.26 Excess emissions {#sec-env-a-3203.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.26}

“Excess emissions” means emissions of nitrogen oxides reported by a budget source during the control period, rounded to the nearest whole ton, which are greater than the equivalent number of allowances allocated to, or which are available in, the budget source NOx allowance tracking system compliance or overdraft account by the allowance transfer deadline for that season.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.27 Fossil fuel {#sec-env-a-3203.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.27}

“Fossil fuel” means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived wholly, or in part, from such material.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.28 Fossil fuel-fired {#sec-env-a-3203.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.28}

“Fossil fuel-fired” means the combustion of fossil fuel or any derivative of fossil fuel alone, or, if in combination with any other fuel, fossil fuel comprises 51% or greater of the annual heat input on a BTU basis.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.29 General account {#sec-env-a-3203.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.29}

“General account” means an account in the NATS that is not a compliance or an overdraft account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.30 Heat input {#sec-env-a-3203.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.30}

“Heat input” means heat derived from the combustion of fuel in a budget source and does not include the heat derived from preheated combustion air, recirculated flue gas, or exhaust from other sources.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.31 Indirect heat exchanger {#sec-env-a-3203.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.31}

“Indirect heat exchanger” means combustion equipment in which the flame and/or products of combustion are separated from any contact with the principal material in the process by metallic or refractory walls which includes, but is not limited to, the following:

(a) Steam boilers;

(b) Vaporizers;

(d) Heat exchangers;

(e) Column reboilers;

(f) Fractioning column feed preheaters;

(g) Reactor feed preheaters; and

(h) Fuel-fired reactors such as:

(1) Steam hydrocarbon reformer heaters; and

(2) Pyrolisis heaters.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.32 LN {#sec-env-a-3203.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.32}

“LN” means Lost Nation station.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.33 Maximum heat input capacity {#sec-env-a-3203.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.33}

“Maximum heat input capacity” means the ability of a budget source to combust a stated maximum amount of fuel on a steady-state basis, as determined by the physical design and characteristics of the unit, and is expressed in millions of British Thermal Units (MMBTU) per unit of time.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.34 MK {#sec-env-a-3203.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.34}

“MK” means Merrimack station.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.35 NT {#sec-env-a-3203.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.35}

“NT” means Newington station.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.36 Nameplate capacity {#sec-env-a-3203.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.36}

“Nameplate capacity” means the maximum unrestricted electrical generating output in MWe that a generator can sustain over a specified period of time as measured in accordance with the United States Department of Energy standards.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.37 Net electric output (EO) {#sec-env-a-3203.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.37}

“Net electric output (EO)” means the final output of energy from a process after deducting any energy output consumed in any way related to generating energy through that process.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.38 Net thermal output (TO) {#sec-env-a-3203.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.38}

“Net thermal output (TO)” means the thermal energy, in million British thermal units output (MMBtuout), that is produced through a process and is used for industrial, commercial, heating, or cooling purposes after the subtraction of heat for boiler feed or combustion air preheating.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.39 NOx allowance tracking system (NATS) {#sec-env-a-3203.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.39}

“NOx allowance tracking system (NATS)” means the computerized system operated and maintained by the department for purposes of tracking allowance use for the Acid Rain Program, and for purposes of this chapter, used to track the number of allowances held and used by any person.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.40 NOx emissions tracking system (NETS) {#sec-env-a-3203.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.40}

“NOx emissions tracking system (NETS)” means the computerized system operated and maintained by the EPA for purposes of tracking emissions for the Acid Rain Program, and for purposes of this chapter, used to track NOx emissions from budget sources.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.41 Non-emitting generating systems {#sec-env-a-3203.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.41}

“Non-emitting generating systems” means devices for generating electricity, including but not limited to hydroelectric, nuclear, geothermal, wind, or solar power, that do not combust fossil fuel or

emit NOx emissions and have a nameplate capacity of 15 MW or greater commencing or increasing operation after December 31, 1990.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.42 Non-Part 75 budget source {#sec-env-a-3203.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.42}

“Non-Part 75 budget source” means any budget source not subject to the requirements for emissions monitoring adopted pursuant to Section 412 of the Clean Air Act Amendments of 1990 and codified at 40 CFR 75.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.43 OTC MOU {#sec-env-a-3203.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.43}

“OTC MOU” means the memorandum of understanding signed by representatives of 10 states and the District of Columbia as members of the ozone transport commission on September 27, 1994.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.44 OTR {#sec-env-a-3203.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.44}

“OTR” means the ozone transport region as designated by Section 184(a) of the Clean Air Act Amendments of 1990.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.45 Overdraft account {#sec-env-a-3203.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.45}

“Overdraft account” means the NATS account established by the administrator for each facility where there are 2 or more budget sources.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

“Project sponsor” means:

(a) For purposes of eligibility under Env-A 3205.06(b)(2)a., any person who is a New Hampshire electric consumer; and

(b) For purposes of eligibility under Env-A 3205.06(b)(2)b. and c., any owner or operator of a non-emitting generating system or renewable energy project, including but not limited to any:

(1) Holding company;

(2) Utility system; or

(3) Plant owner, operator, or manager.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.47 Recorded {#sec-env-a-3203.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.47}

“Recorded” for the purposes of an allowance transfer or deduction means an account in the NATS that has been updated by the administrator with the particulars of an allowance transfer or deduction.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.48 Renewable energy projects {#sec-env-a-3203.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.48}

“Renewable energy projects” mean power generation during the current control period from technologies that produce electricity from small-scale hydro energy, geothermal energy, fuel cells, wind energy, solar thermal energy, photovoltaics, methane waste, or biomass-to-energy plants. The term does not include power generation from combustion or pyrolysis of municipal solid waste, demolition waste, or construction waste.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.49 Small scale hydro energy {#sec-env-a-3203.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.49}

“Small scale hydro energy” means water power production facilities of not more than 80 megawatts nameplate capacity.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.50 SR {#sec-env-a-3203.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.50}

“SR” means Schiller station.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.51 Submitted {#sec-env-a-3203.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.51}

“Submitted” means sent to the appropriate authority under the signature of the AAR.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.52 Submittal date {#sec-env-a-3203.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.52}

“Submittal date” means the date of the official U.S. Postal Service postmark, or an electronic time stamp.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3203.53 WL {#sec-env-a-3203.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3203.53}

“WL” means White Lake station.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3204 NOx EMISSION BUDGET; USE OF ALLOWANCES

N.H. Code Admin. R. Ann. Env-A 3204.01 NOx Budget {#sec-env-a-3204.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3204.01}

The NOx budget shall be no more than 3,000 tons during each control period.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3204.02 Limited Authorization {#sec-env-a-3204.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3204.02}

(a) An allowance shall be an authorization to emit one ton of NOx, valid only for the purposes of meeting the requirements of this chapter.

(b) The owner or operator of each budget source shall, not later than November 30 of each calendar year, hold a quantity of NOx allowances in the budget source’s current year NATS account that is equal to or greater than the total NOx emitted from that budget source during the period May 1 through September 30 of the subject year.

(d) To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3205 Allowance Allocation

N.H. Code Admin. R. Ann. Env-A 3205.01 Implementation of the Budget {#sec-env-a-3205.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.01}

(a) Implementation of the emission budget pursuant to Env-A 3204 shall be accomplished through the allocation of allowances to budget sources.

(b) Allowances shall be allocated to budget sources and unused allowances shall be banked, traded, or retired in accordance with this chapter.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3205.02 Statewide Total Allowances {#sec-env-a-3205.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.02}

(a) The department shall allocate 2,400 allowances to budget sources for each control period.

(b) Subject to (c) and (d), below, the department shall retain 600 allowances in a multi-purpose set-aside account for the control period each year for purposes of the following, in order of priority:

(1) Allocation of some or all of the allowances to end-use efficiency projects, non-emitting generating systems, or renewable energy projects pursuant to Env-A 3205.06;

(2) Banking;

(3) Auctioning some or all of the allowances; and

(4) Retiring some or all of the allowances for the purpose of environmental benefit.

(c) In accordance with RSA 125-J:4-b and RSA 125-J:12,II, any proposed allocation of allowances from the multi-purpose set-aside account pursuant to (b)(4) or (5) above, shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to the allocation.

(d) The department shall retire a minimum of 100 allowances from the multi-purpose set-aside account for the purpose of environmental benefit for each control period.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3205.03 Allowance Allocation Methodology {#sec-env-a-3205.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.03}

(a) By April 30 of each year, the department shall calculate NOx allowance allocations for each budget source for each subsequent control period in accordance with (c), (d), (e), and (g) below.

(b) The department shall submit to the NATS administrator the NOx allowance allocations for the control period that is one year after the applicable deadline for submission.

(c) To calculate the number of allowances to be allocated to electric generation budget sources for the purposes of (d) below, the following shall apply:

(1) EO(y-2) means a unit’s net electric output in MWh for the control period 2 years prior to y;

(2) EO(y-3) means a unit’s net electric output in MWh for the control period 3 years prior to y;

(3) TO(y-2) means a unit’s net thermal output in MMBtusout for the control period 2 years prior to y;

(4) TO(y-3) means a unit’s net thermal output in MMBtusout for the control period 3 years prior to y;

(5) UAA(y) means a unit’s allocation for year y adjusted so the total control period allocation does not exceed the NOx budget; and

(6) UUA(y) means a unit’s unadjusted allocation for year y.

(d) To calculate the adjusted allocation for electric generation budget sources, for each control period:

(1) The unit’s average net electric output in MW-hrs for the control periods 2 and 3 years prior to the current control period shall be multiplied by 1.5 lbs per MW-hr and divided by 2,000 lb/ton and added to the unit’s average net thermal output in MMBtus for the control periods 2 and 3 years prior to the current control period multiplied by 0.22 lb/MMBtu and divided by 2,000 lb/ton to calculate the unit’s unadjusted allocation for the current control period, as in the formula below:

UUA(y) = ((EO(y-2) + EO(y-3))/2) x 1.5 lbs/MW-hr) + ((TO(y-2) + TO(y-3))/2) x 0.22 lb/MMBtu)

2,000 lb/ton 2,000 lb/ton

(2) The product, as calculated in (d)(1) above, shall be multiplied by 2,400 and divided by the sum of all budget sources’ unadjusted allocations, as in the formula below:

UAA(y) = UUA(y) x 2,400

sum of all budget sources’ UUA(y)

(e) The department shall determine heat input in accordance with Env-A 3210 and 40 CFR 75.

(f) Using the best available data as reported by the budget source to the Energy Information Administration and to the department no later than April 15 of each year, the department shall determine the net thermal and electric output for the budget source.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3205.04 Conversion of Allowances to DERs {#sec-env-a-3205.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.04}

A budget source that converts unused allowances to DERs in accordance with the procedures for DER generation in Env-A 3103, shall surrender those converted allowances as if they had been used for actual emissions.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3205.05 No Property Rights {#sec-env-a-3205.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.05}

(a) Neither an allowance nor any future allocations, which are subject to modification by the department, shall constitute a security or other form of property.

(b) Allowances shall not be used prior to the control period for which such allowances are allocated.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3205.06 End-Use Efficiency Projects, Non-Emitting Generating Systems, and Renewable Energy Projects Set-Aside Allocation {#sec-env-a-3205.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3205.06}

(a) The end-use efficiency projects, non-emitting generating systems, and renewable energy projects set-aside allocation shall consist of the remainder of the multi-purpose set-aside allocation after deduction of 100 retired allowances pursuant to Env-A 3205.02(d).

(b) For each control period, the department shall determine NOx allowance distributions from the end-use efficiency projects, non-emitting generating systems, and renewable energy projects set-aside allocation in accordance with the following procedures:

(1) The department shall open and manage a general account for the multi-purpose set-aside allocation;

(2) Project sponsors of any of the following types of projects shall be eligible for the receipt of NOx allowances from the energy efficiency and renewable energy set-aside allocation:

a. End-use efficiency projects;

b. Non-emitting generating systems; and

c. Renewable energy projects;

(3) The authorized account representative of a project sponsor shall submit a written request via e-mail, fax or hard copy to the department to distribute a number of NOx allowances from the end-use efficiency projects, non-emitting generating systems, and renewable energy projects set-aside allocation to the general account of the project sponsor;

(4) The department shall multiply the generation or avoided generation, in MWh, by the New England marginal emission rate, as most recently reported by ISO New England, Inc. in tons/MWh, to determine the amount of NOx allowances.

(c) No unused allowances remaining in the multi-purpose set-aside account at the end of a calendar year shall be banked for any other future allocation by the department, until the department has acted upon all notices and requests for conversion filed pursuant to (b)(3), above, and outstanding as of the end of such calendar year.

(d) If more than one project sponsor of an end-use energy efficiency project, non-emitting generating system, or renewable energy project requests the distribution of NOx allowances and the number of NOx allowances that are subject to department approved requests exceeds the number of NOx allowances in the end-use efficiency projects, non-emitting generating systems, and renewable energy projects set-aside allocation, the department shall distribute NOx allowances from the end-use efficiency projects, non-emitting generating systems, and renewable energy projects set-aside allocation for each project or system as specified in (e), (f), and (g), below.

(e) For a total of 10 consecutive control periods following the date that the project commences operation, end-use energy efficiency projects and renewable energy projects shall receive 100% of their department approved requests for each control period.

(f) End-use energy efficiency projects and renewable energy projects that commenced operation 10 years prior to the beginning of the current control period shall receive NOx allowances from the remainder of available allowances after allocation of allowances in accordance with (e) above on a basis proportional to the number of NOx allowances approved for each project and each system in accordance with (g), below.

(g) Non-emitting generating systems shall receive NOx allowances from the remainder of available allowances after allocation of allowances in accordance with (e) above on a basis proportional to the number of NOx allowances approved for each system and each project in accordance with (f), above.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3206 Permits

N.H. Code Admin. R. Ann. Env-A 3206.01 Permit Application {#sec-env-a-3206.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3206.01}

(a) Emission reductions which must be achieved to meet the requirements of this program shall be subject to permit requirements pursuant to Env-A 600 as applicable, including but not limited to:

(1) The permit reopening procedures for title V operating permits set forth in Env-A 609.19;

(2) The permit amendment procedures for temporary permits and state permits to operate set forth in Env-A 612.04;

(3) The permit notice and hearing procedures for temporary permits and state permits to operate set forth in Env-A 621; and

(4) The title V operating permit amendment, modification, and revision procedures set forth in Env-A 612; and

(5) The permit notice and hearing procedures for title V operating permits set forth in Env-A 622.

(b) All determinations regarding alternative monitoring methodologies, in accordance with the monitoring and reporting requirements as provided in Env-A 3210 and in Subpart H of 40 CFR 75, shall be incorporated in a temporary permit, state permit to operate, or title V operating permit pursuant to the permit issuance, renewal, or significant permit modification procedures set forth in Env-A 612.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3206.02 Operating Permits {#sec-env-a-3206.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3206.02}

(a) The operating permit for each budget source shall contain provisions for implementation of this program, as follows:

(1) The permit shall contain language which prohibits the budget source from emitting NOx during each control period, in excess of the amount of allowances held in the budget source’s compliance account for the control period as of the allowance transfer deadline; and

(2) The permit shall contain language that authorizes the trading of allowances for purposes of compliance with this program.

(b) No revision of an operating permit shall be necessary or required for increases or decreases in emissions that:

(1) Are authorized by allowances acquired or transferred in compliance with this chapter by the allowance transfer deadline;

(2) Are in compliance with the authorization for trading contained in the permit; and

(3) Do not exceed the emissions allowable under the permit for the budget source whether expressed therein as a rate of emissions or in terms of total emissions.

(c) No revision of an operating permit shall be necessary or required for increases or decreases in allowances held by the budget source and which are acquired or transferred in compliance with this regulation and in compliance with the authorization for trading contained in the permit.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3207 Allowance Transfer and Use

N.H. Code Admin. R. Ann. Env-A 3207.01 Marketable Emissions Authorizations {#sec-env-a-3207.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.01}

Allowances shall be marketable emissions authorizations that may be bought, sold or traded at any time during any year, not just the current year.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.02 Limited Authorizations {#sec-env-a-3207.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.02}

Allowances used for compliance with this program shall only be used in a designated compliance year by being in a compliance account as of the allowance transfer deadline, or by being transferred into the compliance account by an allowance transfer submitted by the allowance transfer deadline.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.03 Transfer Procedures {#sec-env-a-3207.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.03}

The following shall be employed to allowance transfers:

(a) The AAR for the originating account shall authorize and certify the transfer request;

(b) The transfer request shall be in writing or in electronic form;

(c) The AAR for the originating account shall provide a copy of the transfer request to each owner or operator of the budget source; and

(d) The transfer request shall contain the following information:

(1) The account number identifying both the originating account and the acquiring account;

(2) The name and address associated with the owners of the originating account and the acquiring account;

(3) The serial number or range of serial numbers for each allowance or block of allowances being transferred; and

(4) A statement of certification stated verbatim as follows: “I am authorized to make this submission on behalf of the owners and operators of the budget source and I hereby certify, under penalty of law, that I have personally examined the foregoing and am familiar with the information contained in this document, and all attachments, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment.”

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.04 Transfer Processing {#sec-env-a-3207.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.04}

Transfer requests shall be processed by the NATS in order of receipt.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.05 Transfer Completion {#sec-env-a-3207.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.05}

A transfer shall be complete when the NATS administrator has verified that:

(a) Each allowance listed in the transfer request is held by the originating account at the time the transfer was recorded;

(b) The acquiring party has an account in the NATS; and

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.06 Transfer Validation {#sec-env-a-3207.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.06}

Allowance transfers determined to be valid, through verification by the NATS administrator, shall be recorded in the NATS by deducting the specified allowances from the originating account and adding them to the acquiring account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.07 Transfer Notification {#sec-env-a-3207.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.07}

(a) The NATS administrator shall provide written notice to the following persons confirming that a valid allowance transfer has been completed:

(1) The AAR for the originating account; and

(2) The AAR for the acquiring account.

(b) The notification required by (a), above, shall include the following information:

(1) The effective date of the transfer;

(2) Identification of the originating account and the acquiring account by name as well as by account number; and

(3) The number of allowances transferred and their serial numbers.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.08 Periodic Transfers {#sec-env-a-3207.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.08}

(a) When a budget source determines that some or all of its allocated allowances should be transferred to another budget source for the remainder of the current allocation period, the AAR of the originating account shall submit a request for transfer that states this intent to the NATS administrator.

(b) A request for transfer of allowances for the remainder of the allocation period shall conform to the requirements of Env-A 3207.03.

(c) A request for transfer of allowances for the remainder of the allocation period shall be submitted to the department with a letter requesting that future allowance allocations be made directly to the acquiring account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.09 Price Disclosure {#sec-env-a-3207.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.09}

Subject to a claim of confidentiality in accordance with Env-A 103, the budget source shall make available, to any person, all information regarding transaction cost and allowance price.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3207.10 Use of Allowances by Utilities {#sec-env-a-3207.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3207.10}

Pursuant to RSA 125-J:5, X, the use of allowances by a utility as defined in RSA 362:2 shall be subject to such additional conditions as ordered pursuant to applicable law by the PUC.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3208 Allowance Banking

N.H. Code Admin. R. Ann. Env-A 3208.01 Retention of Unused Allowances {#sec-env-a-3208.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3208.01}

The banking of allowances shall be permitted to allow the retention of unused allowances from one year to a future year in either a compliance account, an overdraft account, or a general account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3208.02 Account Designation {#sec-env-a-3208.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3208.02}

Unused allowances as of the end of the allowance transfer deadline shall be retained in the compliance, overdraft, or general account and designated as banked allowances after the administrator has made all deductions for a given control period from the compliance account or overdraft account pursuant to Env-A 3215.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3208.03 Requirements for Use {#sec-env-a-3208.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3208.03}

Banked allowances may be used in the current year on a one-for-one basis.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3208.04 Treatment of Banked Allowances {#sec-env-a-3208.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3208.04}

(a) Any allowances deposited before January 1, 2012 that have not been used or retired shall be retired on the effective date of the 2015 readoption of this chapter.

(b) Any allowances banked on or after January 1, 2012 shall be retired at the end of 3 years after their designated year of allocation.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3209 NOx ALLOWANCE TRACKING SYSTEM (NATS)

N.H. Code Admin. R. Ann. Env-A 3209.01 Database Maintenance for Allowance Transfer and Use {#sec-env-a-3209.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.01}

(a) The NATS shall be maintained by the administrator as the official database for all allowance use and transfer.

(b) The NATS administrator shall track and maintain the following information:

(1) The allowances allocated to each budget source;

(2) The allowances held in each account;

(3) The allowances used by each budget source during each control period;

(4) Accounts established for each budget source to determine compliance for the source;

(5) Accounts opened by individuals or entities, upon request, that are not used to determine compliance;

(6) Allowance transfers, as submitted voluntarily by the source; and

(7) Deductions of allowances for compliance purposes.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3209.02 Compliance Accounts {#sec-env-a-3209.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.02}

(a) The NATS administrator shall establish a compliance account for each budget source for the purpose of holding current compliance year and future year allowances.

(b) The NATS administrator shall label each account with an account number.

(1) Name of account owner;

(2) Mailing address of account owner;

(3) Name of AAR;

(4) Mailing address of AAR;

(5) Phone number of AAR;

(6) Street address of associated budget source; and

(7) State in which the budget source is located.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3209.03 General Accounts {#sec-env-a-3209.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.03}

(a) The NATS administrator shall allow for the establishments of general accounts.

(b) Any person or group may open a general account by designating an AAR and providing the NATS administrator with an account certificate of representation in accordance with Env-A 3209.04 and Env-A 3209.05, respectively.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3209.04 Authorized Account Representative {#sec-env-a-3209.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.04}

(a) Only the AAR shall request transfers of allowances in a NATS account.

(b) For each compliance account, overdraft account, or general account, one AAR and one alternate shall be identified to represent the owner or operator of the budget source, or owner of a general account.

(d) The alternate AAR shall have the same authority as the primary representative, however all correspondence from the NATS administrator shall be directed to the primary AAR.

(e) The requirements for an AAR shall apply to both the owners of a general account and to the owner or operator of a budget source’s compliance account and overdraft account.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3209.05 Account Certificate of Representation {#sec-env-a-3209.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.05}

(a) The AAR shall be officially designated upon receipt by the NATS administrator of a form entitled “Account Certificate of Representation.”

(b) The account certificate of representation shall be an agreement of representation containing the following information:

(1) Identification of the budget source by plant name, state, and, if applicable, the United States Department of Energy Office of Regulatory Information Systems Plant Location (ORISPL) code for which the account certification of representation for each compliance account is submitted;

(2) The name, address, telephone and facsimile number of the authorized AAR and any alternate; and

(3) A list of owners and operators of the budget source for each compliance account and the boiler identification numbers for each budget source.

(d) The account certificate of representation for each compliance account shall include the following statement, verbatim:

“I certify that I, ( name)_ was selected as the AAR as applicable by an agreement binding on the owners and operators of the budget source legally designated as______(name of facility)_______. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NOx Budget Trading Program on behalf of the owners and operators of the NOx budget source and of each NOx budget unit at the source, and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the department, the administrator, or a court regarding the source or unit.

I am authorized to make this submission on behalf of the owners and operators of the NOx Budget sources or NOx Budget units for which the submission is made I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(e) A new AAR shall be designated by submitting a revised “Account Certificate of Representation” to the NATS administrator, with the following information:

(1) All of the information pursuant to (b) and (c) above; and

(2) The name of the AAR who is being replaced.

(f) The NATS administrator shall confirm the change of AAR once the change is recorded in the NATS.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3209.06 Serial Numbers {#sec-env-a-3209.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3209.06}

Each facility account shall have a unique identification number and each allowance shall be assigned a unique serial number which indicates the year of allocation.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3210 Emissions Monitoring

N.H. Code Admin. R. Ann. Env-A 3210.01 General Requirements {#sec-env-a-3210.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.01}

(a) The owners, operators, and the AAR of a NOx budget source shall comply with the monitoring and reporting requirements as provided in this part and in 40 CFR 75, Subpart H.

(b) For purposes of complying with the requirements of (a) above, the definitions in 40 CFR 72.2 and 40 CFR 75 shall apply, except that:

(1) The term “affected unit” shall be replaced with the term “budget source” as defined in Env-A 3203.17; and

(2) The term “designated representative” shall be replaced with the term “AAR” as defined in Env-A 3203.12.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.02 Requirements for Installation, Certification, and Data Accounting {#sec-env-a-3210.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.02}

The owner or operator of each NOx budget source shall:

(a) Install all monitoring systems required under this part for monitoring NOx mass, including all systems required to monitor NOx emission rate, NOx concentration, heat input, and flow, in accordance with 40 CFR 75.72 and 75.74;

(b) Install all monitoring systems for monitoring heat input for developing NOx allowance allocations, if required under Env-A 3210.07;

(c) Successfully complete all certification tests required and meet all other provisions of this part and 40 CFR Part 75 applicable to the monitoring systems under paragraphs (a) and (b), above; and

(d) Record and report data from the monitoring systems under paragraphs (a) and (b), above.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.03 Prohibitions {#sec-env-a-3210.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.03}

(a) No owner or operator of any source monitored under 40 CFR 75.72(b)(2)(ii) shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval from the department and EPA in accordance with this part.

(b) No owner or operator of any source monitored under 40 CFR 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this part and 40 CFR 75 except as provided for in 40 CFR 75.74.

(c) No owner or operator of any source monitored under 40 CFR 75.72(b)(2)(ii) shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this part and 40 CFR 75 except as provided for in 40 CFR 75.74.

(d) No owner or operator of any source monitored under 40 CFR 75.72(b)(2)(ii) shall permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this part, except under any one of the following circumstances:

(1) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this part and 40 CFR Part 75, by the department for use at that unit that provides emission data for the same pollutant or parameter as the discontinued monitoring system; or

(2) The AAR submits notification of the date of certification testing of a replacement monitoring system in accordance with the applicable provisions of this part.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.04 Recertification Procedures for Sources Subject to the Acid Rain Program {#sec-env-a-3210.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.04}

The owner or operator of a NOx budget source that is subject to an acid rain program emissions limitation shall comply with the recertification procedures of 40 CFR 75, except that:

(a) If, prior to January 1, 1998, the administrator approved a petition under 40 CFR 75.17(a) or (b) for apportioning the NOx emission rate measured in a common stack or a petition under 40 CFR 75.66 for an alternative to a requirement in 40 CFR 75.17, the AAR shall resubmit the petition to the administrator to determine if the approval applies under this chapter; and

(b) For any additional continuous emission monitoring systems (“CEMS”) required under the common stack provisions in 40 CFR 75.72, or for any NOx concentration CEMS used under the provisions of 40 CFR 75.71(a)(2), the owner or operator shall meet the requirements of Env-A 3210.05.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.05 Recertification Procedures for Sources Not Subject to the Acid Rain Program {#sec-env-a-3210.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.05}

(a) The owner or operator of a NOx budget source that is not subject to an acid rain program emissions limitation shall comply with the initial certification and recertification procedures of this part, except that:

(1) The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR 75.19 shall also meet the requirements of Env-A 3210.06; and

(2) The owner or operator of a unit that qualifies to use an alternative monitoring system under of 40 CFR 75, Subpart E shall also meet the requirements of Env-A 3210.07.

(b) The owner or operator shall ensure that each monitoring system required by 40 CFR 75, Subpart H, including the automated data acquisition and handling system, successfully completes all of the initial certification testing required under 40 CFR 75.20.

(c) Initial certification according to 40 CFR 75.20 shall be required whenever the owner or operator installs a monitoring system in order to meet the requirements of this part in a location where no such monitoring system was previously installed.

(d) Whenever the owner or operator makes a replacement, modification, or change in a certified monitoring system that significantly affects the ability of the system to accurately measure or record NOx mass emissions or heat input or to meet the requirements of 40 CFR 75.21 or to 40 CFR 75, Appendix B the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b).

(e) Whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit’s operation that significantly changes the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b).

(f) Changes which require recertification in accordance with (d) and (e) above, include, but are not limited to:

(1) Replacement of the analyzer;

(2) Change in location or orientation of the sampling probe or site; and

(3) Change in the flow rate monitor polynomial coefficients.

(g) The AAR shall submit to the department and EPA a written notice of the dates of certification in accordance with the notification requirements of this part.

(h) The AAR shall submit to the department a complete certification application, including the information specified in 40 CFR 75, Subpart H.

(i) A certification application shall be considered complete when all of the applicable required information has been received by the department.

(j) If the certification application is not complete, then the department shall issue a written notice of incompleteness that sets a reasonable date by which the AAR shall submit the additional information required to complete the certification application.

(k) The department shall issue a notice of disapproval of the certification application within 120 days of receipt of the certification application if:

(1) The AAR does not comply with the notice of incompleteness by the date specified in (k), above; or

(2) The certification application shows that any monitoring system or component thereof does not meet the performance requirements of this part and 40 CFR 75.

(l) Upon issuance of a notice of disapproval pursuant to (k), above, the provisional certification pursuant to (m), below, shall be invalidated by the department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality-assured data beginning with the date and hour of provisional certification.

(m) Except for units using the low mass emission methodology excepted pursuant to 40 CFR 75.19, the provisional certification date for a monitor shall be determined using the procedures set forth in 40 CFR 75.20(a)(3).

(n) A provisionally certified monitor pursuant to (m), above, may be used for compliance with this chapter for a period not to exceed 120 days after receipt by the department of the complete certification application, pursuant to (h), above, for the monitoring system or component thereof.

(o) Data measured and recorded by a provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR 75, will be considered valid quality-assured data, retroactive to the date and time of provisional certification, provided that the department does not invalidate the provisional certification by issuing a notice of disapproval pursuant to (k), above.

(p) The department shall issue a written notice of approval of the certification application to the owner or operator within 120 days of receipt of the complete certification application if:

(1) The application contains all of the applicable information as set forth in 40 CFR 75; and

(2) The certification application shows that the monitoring system and all components thereof meet the performance requirements of this part and 40 CFR 75.

(q) In the event the department does not issue a notice of approval of the certification application within the time period set forth in (p), above, each monitoring system which meets the applicable performance requirements of 40 CFR 75 and is included in the certification application shall be deemed certified for use under this chapter.

(r) The owner or operator who has been issued a notice of disapproval pursuant to (k), above, shall follow the procedures for loss of certification in accordance with (s), below, for each monitoring system or component thereof which is disapproved for initial certification.

(s) If the department issues a notice of disapproval of a certification application in accordance with (k), above, or a notice of disapproval of certification status in accordance with Env-A 3210.08(b), then:

(1) The owner or operator shall substitute the following values for each hour of unit operation during the period of invalid data, beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i):

a. For units using or intending to monitor for NOx emission rate and heat input or for units using the low mass emission excepted methodology under 40 CFR 75.19, the maximum potential NOx emission rate and the maximum potential hourly heat input of the unit; and

b. For units intending to monitor for NOx mass emissions using a NOx pollutant concentration monitor and a flow monitor, the maximum potential concentration of NOx and the maximum potential flow rate of the unit under section 2.1 of appendix A of 40 CFR 75;

(2) The AAR shall submit a notification of certification retest dates and a new certification application; and

(3) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the department’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.06 Recertification Procedures for Low Mass Emission Units Using the Excepted Methodologies under 40 CFR 75.19 {#sec-env-a-3210.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.06}

(a) The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under 40 CFR 75.19 shall comply with the following:

(1) The applicable general operating requirements of 40 CFR 75.10;

(2) The applicable requirements of 40 CFR 75.19; and

(3) The applicable certification requirements of this part.

(b) The excepted methodology pursuant to (a), above, shall be deemed provisionally certified for use under this chapter, as of the following dates:

(1) For units that are reporting on an annual basis, January 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under 40 CFR 75.19 until the completion of the period for the department review; and

(2) For units that are reporting on a control period basis:

a. For a unit that commenced operation before its compliance deadline, where the certification application is submitted before May 1, May 1 of the year of the submission of the certification application for approval to use the low mass emissions excepted methodology under 40 CFR 75.19 until the completion of the period for the department review; or

b. For a unit that commenced operation before its compliance deadline, where the certification application is submitted after May 1, May 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under 40 CFR 75.19 until the completion of the period for the department review.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.07 Certification/Recertification Procedures for Alternative Monitoring Systems {#sec-env-a-3210.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.07}

(a) The AAR of each unit applying to use an alternative monitoring system approved by the administrator and, if applicable, the department under 40 CFR 75, Subpart E shall apply for certification to the department prior to use of the system under this chapter.

(b) The AAR shall apply for recertification following a replacement, modification or change according to the procedures in Env-A 3210.05.

(c) The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification according to the procedures specified in Env-A 3210.05 and 40 CFR 75.20(f).

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.08 Out of Control Periods {#sec-env-a-3210.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.08}

(a) Whenever any monitoring system fails to meet the quality assurance requirements of 40 CFR 75, appendix B, data shall be substituted using the applicable procedures in 40 CFR 75, Subpart D, appendix D or appendix E.

(b) Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement under this part or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department shall issue a notice of disapproval of the certification status of such system or component.

(c) For the purposes of this section, an audit shall be either a field audit or an audit of any information submitted to the department or the administrator.

(d) The data measured and recorded by the system or component shall not be considered valid quality-assured data from the date of issuance of the notification of the disapproval of certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests in accordance with Env-A 3210.05(s).

(e) The owner or operator shall follow the initial certification or recertification procedures for each disapproved system.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.09 Notifications {#sec-env-a-3210.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.09}

The AAR for a NOx Budget source shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61, except that if the unit is not subject to an

acid rain program emissions limitation, the notification shall only be required to be sent to the department.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.10 Recordkeeping and Reporting General Provisions {#sec-env-a-3210.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.10}

(a) The AAR shall comply with all record keeping and reporting requirements in this part and with the requirements of Env-A 3209.05.

(b) Any submission made in accordance with 40 CFR 75, Subpart F or Subpart G which includes data and information required under this part or under 40 CFR 75, Subpart H, shall be signed by both the AAR and the designated representative as that term is defined in Env-A 101.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.11 Monitoring Plans {#sec-env-a-3210.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.11}

(a) The owner or operator of a unit subject to an acid rain emissions limitation shall comply with the requirements of 40 CFR 75.62, except that the monitoring plan shall also include all of the information required by 40 CFR 75, Subpart H.

(b) The owner or operator of a unit that is not subject to an acid rain program emissions limitation shall comply with the requirements of 40 CFR 75.62, except that the monitoring plan is only required to include the information required by 40 CFR 75, Subpart H.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.12 Certification Applications {#sec-env-a-3210.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.12}

The AAR shall submit an application to the department within 45 days after completing all initial certification or recertification tests including the information required under 40 CFR Part 75, Subpart H.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3210.13 Quarterly Reports {#sec-env-a-3210.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3210.13}

The AAR shall submit quarterly reports, as follows:

(a) If a unit is subject to an acid rain program emission limitation or if the owner or operator of the NOx budget source chooses to comply with the annual reporting requirements of this part, the AAR shall submit a quarterly report for each calendar quarter;

(b) If a NOx budget source is not subject to an acid rain program emission limitation, then the AAR shall either:

(1) Meet all of the requirements of 40 CFR 75 related to monitoring and reporting NOx mass emissions during the entire year and meet the reporting requirements specified in (a), above; or

(2) Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under 40 CFR 75.74(d)(3) through September 30 of each year in accordance with the provisions of 40 CFR 75.74(b);

(c) The AAR shall submit each quarterly report to the administrator within 30 days following the end of the calendar quarter covered by the report;

(d) Quarterly reports shall be submitted in the manner specified in 40 CFR 75, Subpart H and 40 CFR 75.64;

(e) For units subject to an acid rain program emissions limitation, quarterly reports shall include all of the data and information required in 40 CFR Part 75, Subpart H for each NOx budget source, or group of units using a common stack, as well as information required in 40 CFR Part 75, Subpart G;

(f) For units not subject to an acid rain program emissions limitation, quarterly reports shall include all of the data and information required in 40 CFR Part 75, Subpart H for each NOx budget source, or group of units using a common stack;

(g) The AAR shall submit to the administrator a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored; and

(h) The certification pursuant to (g), above, shall state that:

(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this part and 40 CFR 75, including the quality assurance procedures and specifications;

(2) For a unit with add-on NOx emission controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate NOx emissions; and

(3) For a unit that is reporting on a control period basis, the NOx emission rate and NOx concentration values substituted for missing data under of 40 CFR 75, Subpart D are calculated using only values from a control period and do not systematically underestimate NOx emissions.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3211 Recordkeeping and Reporting

N.H. Code Admin. R. Ann. Env-A 3211.01 General Recordkeeping {#sec-env-a-3211.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3211.01}

The owner or operator of any budget source shall maintain for each budget source and for 5 years, a file of all measurements, data, reports and other information required by this chapter.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3211.02 Electronic Format {#sec-env-a-3211.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3211.02}

(a) The AAR for each budget source shall submit emissions and operations information, in electronic format that meets the requirements of the U.S. EPA’s Electronic Data Reporting (EDR) convention, as specified in 40 CFR 75 Subpart G.

(b) These data shall be submitted within 30 days of the end of any quarter in which the owner or operator is required to report.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3211.03 Pounds per Hour and Pounds per Season {#sec-env-a-3211.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3211.03}

In addition, the owner or operator of a budget source shall provide the NETS administrator, in the same quarterly reports, and in a format consistent with Env-A 3211.02, NOx emissions in pounds per hour for every hour during the control period and cumulative quarterly and seasonal NOx emission data in pounds.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3211.04 Quarterly Reporting {#sec-env-a-3211.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3211.04}

(a) Budget sources subject to 40 CFR 75 shall submit the data required pursuant to Env-A 3211.02 and Env-A 3211.03 to EPA as part of the quarterly reports submitted to EPA for the purpose of compliance with 40 CFR 75.

(b) Budget sources not subject to 40 CFR 75 shall submit quarterly reports to EPA within 30 days from the end of each of the second and third calendar quarters.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3211.05 Request for Retirement Exemption {#sec-env-a-3211.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3211.05}

(a) A budget source that is permanently retired and requests a retirement exemption from the requirements of Env-A 3210 and Env-A 3211 shall comply with the requirements set forth in this section.

(b) To obtain an exemption, the AAR for the budget source shall file a request for retirement exemption with the director, with the following information:

(1) The identification of the budget source being retired; and

(2) The date of the budget source’s retirement.

(d) Department approval shall be in the form of a federally enforceable document, as defined in Env-A 101.

(e) Department approval shall contain conditions of the retirement exemption, including:

(1) The retirement date;

(2) A statement revoking the current air quality permits or approvals;

(3) A requirement to inform the department of any change in the status of the unit; and

(4) A requirement that the unit meet new source review and permit requirements at any time in the future prior to re-operation of the unit.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3212 End-of-Season Reconciliation

N.H. Code Admin. R. Ann. Env-A 3212.01 Determination of Compliance {#sec-env-a-3212.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3212.01}

Monitored emissions data as reported by the budget source to the NETS administrator, and as adjusted by the administrator to be in accordance with Env-A 3209,

combined with allowance allocations and transfers recorded in the NATS, shall provide the basis for a determination of compliance with this chapter.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3212.02 Request for Deduction of Allowances {#sec-env-a-3212.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3212.02}

(a) Each year prior to November 30, the AAR shall request the NATS administrator to deduct current year allowances from the compliance account or overdraft account equivalent to the number of available allowances to cover the NOx emissions during the current control period.

(b) This request shall be submitted by the AAR to the NATS administrator no later than the allowance transfer deadline, November 30.

(d) This request shall:

(1) Identify the serial numbers of the allowances to be deducted, if desired by the source; or

(2) Not identify serial numbers, in which case allowances usable for that compliance year shall be deducted in the order of their arrival into the unit’s account, with allocated allowances being deducted first, followed by the deduction of transferred allowances.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3212.03 Deduction of Allowances {#sec-env-a-3212.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3212.03}

Regardless of the request for deductions submitted pursuant to Env-A 3212.02, the NATS administrator shall deduct a number of allowances equal to the current control period NOx emissions from the budget source’s compliance account or overdraft account, and determine whether sufficient allowances are in the account equivalent to the emissions.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3212.04 Procurement of Additional Allowances {#sec-env-a-3212.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3212.04}

Should the emissions of the budget source in the current control period exceed the allowances in the budget source’s compliance account and overdraft account, the budget source shall obtain additional allowances by the allowance transfer deadline so the total number of allowances in the budget source’s compliance account and overdraft account, including allowance transfers properly submitted to the NATS administrator by the allowance transfer deadline, equals or exceeds the control period emissions of NOx rounded to the nearest whole ton.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3212.05 Noncompliance {#sec-env-a-3212.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3212.05}

Failure to obtain and hold in its compliance account and overdraft account for any control period as of the allowance transfer deadline sufficient allowances equal to or exceeding emissions for the control period, shall result in enforcement action and penalties against the budget source pursuant to Env-A 3214.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3213 Compliance Certification

N.H. Code Admin. R. Ann. Env-A 3213.01 Submittal {#sec-env-a-3213.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3213.01}

For each control period, the AAR for each budget source shall submit an annual compliance certification as described in Env-A 3213.03 to the department.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3213.02 Deadline {#sec-env-a-3213.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3213.02}

The compliance certification shall be submitted no later than the allowance transfer deadline, November 30 of each year.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3213.03 Content {#sec-env-a-3213.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3213.03}

The compliance certification shall contain the following information:

(a) Identification of the budget source, including:

(1) Name;

(2) Address;

(3) Name of AAR; and

(4) NATS account number;

(b) A statement as to whether emissions data has been submitted to the NETS:

(1) In accordance with the procedures established in Env-A 3211; and

(2) In conformance with the requirements of the NETS administrator;

(1) Operated in compliance with the allowances allocated for the control period, including those obtained through transfer by the allowance transfer deadline;

(2) Holds sufficient allowances in its compliance account and overdraft account for the control period, as of the allowance transfer deadline, to equal or exceed the recorded emissions for the control period; and

(3) Was actually operated and maintained in accordance with the applicable monitoring plan;

(d) A statement of certification that all emissions from the budget source were accounted for, either through:

(1) The applicable monitoring; or

(2) Application of the appropriate missing data procedures; and

(e) A statement as to whether there were any changes during the current year in the method of:

(1) Operation of the budget source; or

(2) Monitoring the budget source.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3213.04 Compliance Verification {#sec-env-a-3213.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3213.04}

The department shall verify compliance, in accordance with RSA 125-J:7, by the following means:

(a) Inspection of facility operating records at any reasonable time to verify compliance;

(b) Obtaining information on allowance deduction and transfers from the NATS;

(d) Obtaining information relative to testing emission monitoring devices; and

(e) Requiring the budget source to conduct emissions testing under the supervision of the department.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3214 Enforcement Provisions

N.H. Code Admin. R. Ann. Env-A 3214.01 Automatic Deduction {#sec-env-a-3214.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3214.01}

In addition to penalties assessed under Env-A 3213.02, if emissions from a budget source exceed allowances held in the budget source’s compliance account or overdraft account for the control period as of the allowance transfer deadline, the NATS administrator shall automatically deduct allowances from the budget source’s compliance account or overdraft account for the next control period at a rate of 3 allowances for every one ton of excess emissions.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3214.02 Determination of Violations {#sec-env-a-3214.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3214.02}

In accordance with RSA 125-J:4-a, for purposes of enforcement of this chapter, the following shall apply:

(a) In determining the number of days of violation, any excess emissions for the control period shall presume that each day in the control period of 153 days, constitutes a day in violation unless the budget source can demonstrate, through the use of verifiable emission data, that a lesser number of days should be considered; and

(b) Each ton of excess emissions shall constitute a separate violation.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Part Env-A 3215 Program Audits

N.H. Code Admin. R. Ann. Env-A 3215.01 Audits {#sec-env-a-3215.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3215.01}

(a) The department shall conduct an audit of the NOx Budget Program beginning within 10 years of the effective date of the 2015 readoption of these rules and every 10 years thereafter to ensure that the program is providing expected performance in regards to emissions monitoring and allowance use.

(b) Such audits shall include, as appropriate:

(1) Confirmation of emissions reporting accuracy through validation of CEMS and data acquisition systems at the budget source; and

(2) Review of allowance transfer and use by the budget source, geographically and temporally.

(c) Each periodic audit shall examine the extent to which banked allowances have, or have not, contributed to emissions in excess of the budget for each year preceding the audit.

(d) The periodic audit shall further provide an assessment of whether or not the program is consistent with the requirements for reasonable further progress and the attainment demonstration.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

N.H. Code Admin. R. Ann. Env-A 3215.02 Audit Results {#sec-env-a-3215.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3215.02}

Should an audit result in recommendations for program revisions, the department shall consider the audit recommendations and propose the appropriate program revisions either as changes to current procedures or amendments to these rules.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statutes Implemented

Env-A 3201 through Env-A 3203

RSA 125-J:2-a

Env-A 3204

RSA 125-J:2-a, 3 & 4-a

Env-A 3205

RSA 125-J:2-a & 4-b

Env-A 3206 & Env-A 3207

RSA 125-J:2-a & 4-a

Env-A 3208

RSA 125-J:2-a

Env-A 3209

RSA 125-J:2-a & 4-a

Env-A 3210

RSA 125-J:2-a, 4-a, & 7

Env-A 3211 through Env-A 3213

RSA 125-J:2-a & 4-a

Env-A 3214

RSA 125-J:2-a, 4-a, & 8, I

Env-A 3215

RSA 125-J:2-a

Appendix B: Statutory Definitions

RSA 125-J:1:

XIX-a. “NOx budget allowance” means the limited authorization to emit one ton of NOx during a specified control period. All NOx budget allowances shall be allocated, transferred, or used as whole NOx budget allowances. To determine the number of whole allowances, the number of NOx budget allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

XIX-b. “NOx budget source” means a fossil fuel fired boiler or indirect heat exchanger with a maximum rated heat input capacity of 250 MMBtu/Hour, or more; and all electric generating facilities with a rated output of 15 MW, or more. Any person who applies to opt into the NOx budget program shall be considered a NOx budget source upon acceptance of the application for opt-in.

History

(See Revision Note at chapter heading for Env-A 3200) #11001, eff 1-1-16

Chapter Env-A 3300 Municipal Waste Combustion

Part Env-A 3301 Purpose and Scope

N.H. Code Admin. R. Ann. Env-A 3301.01 Purpose {#sec-env-a-3301.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3301.01}

The purpose of this chapter is to establish operating and performance standards for existing municipal waste combustion (MWC) units having the capacity to combust greater than 35 tons per day of municipal solid waste, in order to:

(a) Comply with federal regulations promulgated pursuant to §111(d) and §129 of the Clean Air Act; and

(b) Implement RSA 125-C:10-c relative to the combustion of processed wood residue.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3301.02 Scope {#sec-env-a-3301.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3301.02}

This chapter shall apply to all existing large and small MWC units, as those terms are defined in Env-A 3302.03, and their owners or operators.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3302 References and Definitions

N.H. Code Admin. R. Ann. Env-A 3302.01 References {#sec-env-a-3302.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3302.01}

For the purpose of this chapter, unless otherwise specified all references to 40 CFR 60 or 40 CFR 241 shall be to the July 1, 2016 edition.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3302.02 Incorporated Federal Definitions {#sec-env-a-3302.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3302.02}

For the purposes of this chapter:

(a) The definitions in 40 CFR §60.51b shall apply to existing large MWC units;

(b) The definitions in 40 CFR §60.1940 shall apply to existing small MWC units;

(c) The definitions in 40 CFR §241.2 shall apply to existing large MWC units combusting processed wood residue (PWR); and

(d) The definitions in Env-A 100 shall apply to terms not otherwise defined herein.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3302.03 Chapter-Specific Definitions {#sec-env-a-3302.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3302.03}

(a) “#4 minus fines” means particles that will pass through a #4 sieve that is certified by its manufacturer to meet the requirements specified in ASTM E11:95.

(b) “Construction and demolition (C&D) wood” means “construction and demolition (C&D) wood” as defined in 40 CFR §241.2, as reprinted in Appendix F.

(c) “Existing large municipal waste combustion unit (large MWC unit)” means a municipal waste combustor with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction was commenced on or before September 20, 1994.

(d) “Existing small municipal waste combustion unit (small MWC unit)” means a municipal waste combustion unit with a combustion capacity of at least 35 tons per day of municipal solid waste but no more than 250 tons per day of municipal solid waste for which construction was commenced on or before August 30, 1999.

(e) “Final control plan” means a written description of the air pollution control devices and process changes that will be used to comply with the emission limits and other requirements of this chapter.

(f) “Independent third-party inspection” means an inspection that meets the requirements of Env-A 3308.05 that is conducted by a person who:

(1) Is not related to any of the owners or operators of the facility being inspected; and

(2) Has no financial interest in the facility being inspected other than the expectation of being paid for the inspection.

(g) “Processed wood residue (PWR)” means C&D wood that has undergone positive or negative sorting in accordance with the best management practices described in 40 CFR 241.4(a)(5), reprinted in Appendix F.

(h) “You” means, when used in subpart BBBB of 40 CFR 60, the owner or operator of a small MWC unit.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16 (from Env-A 3302.02); ss by #12628, eff 9-27-18

Part Env-A 3303 Emission Limits

N.H. Code Admin. R. Ann. Env-A 3303.01 Emission Limits for Large MWC Units {#sec-env-a-3303.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3303.01}

(a) The emission limits for carbon monoxide for large MWC units shall be as specified in Table 3 of 40 CFR §60.34b(a).

(b) The emission limits for nitrogen oxides for large MWC units shall be as specified in 40 CFR 60.33b, as summarized in Appendix C.

(c) The emissions limits for large MWC units shall be as specified in 40 CFR 60.33b and RSA 125-M:3, as summarized in Appendix D for the air pollutants or parameters listed and all MWC technologies.

(d) The fugitive ash emissions requirements applicable to each large MWC unit shall be as specified in 40 CFR §60.55b.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3303.02 Emissions Limits for Small MWC Units {#sec-env-a-3303.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3303.02}

(a) The emission limits for carbon monoxide for small MWC units shall be as specified in Table 5 of subpart BBBB in 40 CFR 60.

(b) The emissions limits for small MWC units shall be as specified in 40 CFR 60, Table 4 of subpart BBBB, RSA 125-M:3, and RSA 125-C:10-a, as summarized in Appendix E for the air pollutants or parameters listed.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3304 Operating Practices

N.H. Code Admin. R. Ann. Env-A 3304.01 Operating Practices for Large MWC Units {#sec-env-a-3304.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3304.01}

The operating practices applicable to each large MWC unit shall be as specified in 40 CFR §60.53b(b) and (c).

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3304.02 Operating Practices for Small MWC Units {#sec-env-a-3304.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3304.02}

The operating practices applicable to each small MWC unit shall be as specified in 40 CFR §§60.1690 and 60.1695.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3304.03 Operating Practices for All MWC Units {#sec-env-a-3304.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3304.03}

The owner or operator of a MWC unit subject to this chapter shall comply with the facility staffing requirements specified in Env-Sw 1005, currently Env-Sw 1005.07.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3305 Training and Certification

N.H. Code Admin. R. Ann. Env-A 3305.01 General Operator Training and Certification For Large and Small MWC Units {#sec-env-a-3305.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3305.01}

(a) In accordance with RSA 149-M:6, XIII and 40 CFR §60.54b for large MWC units, and 40 CFR §60.1645 and §60.1675 for small MWC units, operator training and certification for large and small MWC units shall be obtained through the state program specified in Env-Sw 1600, Solid Waste Facility Operator Training and Certification.

(b) The following employees of a large or small MWC unit shall complete the operator certification requirements specified in (a), above:

(1) Chief facility operators;

(2) Shift supervisors; and

(3) Control room operators.

(c) An employee specified in (b), above, shall obtain operator certification as specified in (a), above, no later than 6 months after the employee transfers to or is hired to work at the MWC unit.

(d) To maintain certification, the trained and certified MWC operator shall complete an annual review or refresher course that meets the requirements specified in Env-Sw 1600, currently Env-Sw 1611.

(e) If all certified operators must be temporarily offsite, the MWC unit owner or operator shall comply with the requirements of 40 CFR §60.54b(c) for a large MWC unit or 40 CFR §60.1685 for a small MWC unit.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3305.02 Plant-Specific Operator Training {#sec-env-a-3305.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3305.02}

(a) The following employees of a large or small MWC unit shall complete a plant-specific operator training course:

(1) Chief facility operators;

(2) Shift supervisors;

(3) Control room operators;

(4) Ash handlers;

(5) Maintenance personnel; and

(6) Crane or load handlers.

(b) The owner or operator of a large or small MWC unit shall provide plant-specific training to the employees identified in (a), above, in accordance with the following requirements:

(1) For a large MWC, 40 CFR §60.54b(e), (f), and (g); and

(2) For a small MWC, the following:

a. 40 CFR §60.1660;

b. 40 CFR §60.1665; and

c. 40 CFR §60.1670.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3306 Monitoring and Testing

N.H. Code Admin. R. Ann. Env-A 3306.01 Compliance and Performance Testing for Large MWC Units {#sec-env-a-3306.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3306.01}

(a) The compliance and performance testing requirements applicable to each large MWC unit shall be as specified in 40 CFR §60.58b, except as provided by 40 CFR §60.24(b)(2) and as amended in (b) and (c), below.

(b) The alternative performance testing schedule for dioxins/furans specified in 40 CFR §60.58b(g)(5)(iii) shall apply to large MWC plants where all performance tests for affected facilities over a 2-year period achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter, corrected to 7 percent oxygen.

(c) If continuous emission monitors are used, they shall be installed, operated, and maintained in accordance with Env-A 808.

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3306.02 Compliance and Performance Testing for Small MWC Units {#sec-env-a-3306.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3306.02}

(a) Initial and annual stack testing shall be conducted at small MWC units to determine compliance with the emissions limits specified in Env-A 3303.02 for the following pollutants and parameters:

(1) Particulate matter;

(2) Opacity;

(3) Cadmium;

(4) Lead;

(5) Mercury;

(6) Hydrogen chloride;

(7) Dioxins/furans; and

(8) Fugitive ash.

(b) Stack testing at small MWC units shall be conducted in accordance with the requirements in 40 CFR §§60.1785, 60.1790, 60.1795, and 60.1800.

(c) Continuous emission monitoring shall be conducted at small MWC units in accordance with the following requirements, except as amended in (f), below:

(1) 40 CFR §60.1715;

(2) 40 CFR §60.1720;

(3) 40 CFR §60.1730;

(4) 40 CFR §60.1735;

(5) 40 CFR §60.1740;

(6) 40 CFR §60.1745;

(7) 40 CFR §60.1750;

(8) 40 CFR §60.1755;

(9) 40 CFR §60.1760;

(10) 40 CFR §60.1765; and

(11) 40 CFR §60.1770.

(d) Continuous emission monitoring data gathered at small MWC units shall be used to determine compliance with emissions limits as specified in Env-A 3303.02 for the following pollutants:

(1) Sulfur dioxide; and

(2) Carbon monoxide.

(e) Emission limits shall apply to small MWC units at all times except during periods of MWC unit startup, shutdown, or malfunction, as specified in 40 CFR §60.1710.

(f) If continuous emission monitors are used, they shall be installed, operated, and maintained in accordance with Env-A 808.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3306.03 Additional Monitoring Requirements {#sec-env-a-3306.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3306.03}

The owner or operator of a small MWC unit shall comply with the following monitoring requirements:

(a) 40 CFR § 60.1805;

(b) 40 CFR § 60.1810;

(d) 40 CFR § 60.1820; and

(e) 40 CFR § 60.1825.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3307 Reporting and Recordkeeping

N.H. Code Admin. R. Ann. Env-A 3307.01 Reporting and Recordkeeping Requirements for Large MWC Units {#sec-env-a-3307.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3307.01}

The reporting and recordkeeping requirements applicable to each large MWC unit shall be the same as specified in 40 CFR §60.59b, excluding the siting requirements under 40 CFR §60.59b(a), (b)(5) and (d)(11).

History

#6518-B, eff 5-29-97; ss by #7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3307.02 Recordkeeping and Reporting Requirements for Small MWC Units {#sec-env-a-3307.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3307.02}

(a) Small MWC units shall comply with the recordkeeping requirements specified in the following:

(1) 40 CFR §60.1830;

(2) 40 CFR §60.1835;

(3) 40 CFR §60.1840;

(4) 40 CFR §60.1845;

(5) 40 CFR §60.1850; and

(6) 40 CFR §60.1855.

(b) Small MWC units shall comply with the reporting requirements specified in the following:

(1) 40 CFR §60.1860;

(2) 40 CFR §60.1865;

(3) 40 CFR §60.1870;

(4) 40 CFR §60.1875;

(5) 40 CFR §60.1880;

(6) 40 CFR §60.1885;

(7) 40 CFR §60.1890;

(8) 40 CFR §60.1895;

(9) 40 CFR §60.1900; and

(10) 40 CFR §60.1905.

History

#7704, eff 6-7-02; ss by #9084, eff 2-2-08; ss by #11131, eff 7-18-16; ss by #12628, eff 9-27-18

Part Env-A 3308 Additional Requirements for Combusting Pwr

N.H. Code Admin. R. Ann. Env-A 3308.01 Applicability {#sec-env-a-3308.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.01}

This part shall apply to large MWC facilities that combust PWR.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.02 Operating Practices {#sec-env-a-3308.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.02}

A large MWC facility combusting PWR shall:

(a) Combust PWR only from November 15 through the following April 15;

(b) Combust no more than 10,000 tons of PWR during the time period specified in (a), above; and

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.03 Processed Wood Residue Fuel Quality {#sec-env-a-3308.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.03}

A large MWC facility combusting PWR shall only combust PWR that contains:

(a) No more than 1% by weight of non-wood materials, including but not limited to drywall, concrete, aggregates, dirt, and asbestos;

(b) No more than 1.5% by weight of wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium, or arsenical preservatives;

(d) No more than a total of 50 parts per million (mg/kg) dry weight basis of arsenic; and

(e) No more than a total of 250 parts per million (mg/kg) dry weight basis of lead.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.04 Fuel Supplier Requirements {#sec-env-a-3308.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.04}

A large MWC facility combusting PWR shall obtain PWR only from suppliers that:

(a) Produce PWR in compliance with all requirements of 40 CFR 241.4(a)(5) and this part;

(b) Collect 3 random representative grab samples for each 250 tons of PWR produced, which shall be composited into a single well mixed sample for each 1000 tons of PWR produced;

(d) Pass an independent third-party inspection in accordance with Env-A 3308.05 prior to November 15th of each year in which PWR will be offered to a large MWC facility for combustion.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.05 Independent Third-Party Inspections {#sec-env-a-3308.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.05}

A large MWC facility combusting PWR shall obtain PWR only from suppliers that contract with independent third parties to conduct inspections of their facilities that meet the following requirements:

(a) Inspections shall be unannounced;

(b) An inspector shall:

(1) Perform an onsite inspection of the supplier’s operations that affect the production of PWR to determine whether processing complies with the requirements of 40 CFR 241.4(a)(5);

(2) Collect a composite sample that consists of at least 8 discrete samples from PWR that is on site at the time of the inspection;

(3) Analyze the composite sample in accordance with Env-A 3308.06 to determine whether the PWR meets the criteria specified in Env-A 3308.03;

(4) Prepare a written inspection report containing the final results of the inspection and composite sample analysis; and

(5) Within 45 days after completion of the inspection, provide the written inspection report to the large MWC facility combusting or proposing to combust PWR from the supplier.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.06 Analysis of Composite Samples {#sec-env-a-3308.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.06}

(a) PWR samples taken as required by this part shall be analyzed, as specified in (b), below, to determine the presence of:

(1) Non-wood materials by percent weight;

(2) Wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium or arsenical preservatives percentage by weight;

(3) #4 minus fines percentage by weight;

(4) Total arsenic mg/kg dry weight; and

(5) Total lead mg/kg dry.

(b) The analyses required by (a)(4) and (a)(5) above shall be accepted by the department only if performed:

(1) By a laboratory accredited to perform such analyses by the U.S. EPA or by the department pursuant to Env-C 300; and

(2) Using a U.S. EPA approved method for determining the presence of arsenic or lead.

(c) Analytical results shall be provided to the MWC facility combusting the PWR within 30 days of collection of the sample or, in the case of samples taken in connection with a third party inspection under Env-A 3308.05, shall be included in the inspection report.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.07 Reporting and Recordkeeping for Large MWC Units Combusting PWR {#sec-env-a-3308.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.07}

(a) Prior to accepting an initial delivery of PWR from a supplier, a large MWC facility shall obtain the following records from the supplier:

(1) The PWR supplier’s plan for handling, sorting, and preparing PWR that meets the requirements of Env-A 3308.04(a), including a description of the supplier’s:

a. Source(s) of C&D wood;

b. Processing procedures, to ensure prohibited items are removed;

c. Storage practices, to prevent contamination of PWR with non-PWR;

d. Employee training and monitoring, to ensure that all sorting procedures and storage practices are performed correctly;

e. Management structure of the processing facility to identify who is responsible for ensuring that the PWR meets all applicable standards; and

f. Method of delivering PWR to the combustor;

(2) A list of the supplier’s solid waste permit(s) for the operation and management of the processing facility at which the PWR is produced;

(3) Copies of any enforcement actions initiated against the supplier at any facility within the past 5 years by the U.S. EPA, the department, or any other federal, state, or local environmental regulatory agency;

(4) Copies of any reports of compliance audits or inspections performed within the past 5 years at the processing facility at which the PWR is produced by the U.S. EPA, the department, or any other federal, state, or local environmental regulatory agency; and

(5) A copy of the report required by Env-A 3308.05(d) presenting the results of the most recent independent third-party inspection.

(b) For each delivery of PWR, the MWC facility shall obtain from each PWR supplier a written document, signed by an authorized representative of the PWR supplier, that includes the following certification:

“This processed wood residue has been sorted by trained operators in accordance with the best management practices in 40 CFR §241.4(a)(5), “Non-Waste Determinations for Specific Non-Hazardous Secondary Materials When Used as Fuel”, complies with the fuel quality requirements in Env-A 3308.03, and does not contain hazardous waste. I further certify that I meet all requirements as a qualified fuel supplier as specified in Env-A 3308.04.”

(c) Within 60 calendar days after completion or prior to the end of the applicable quarter, the MWC facility shall obtain from each PWR supplier the results of any PWR testing conducted by the supplier in accordance with Env-A 3308.04 for each calendar quarter in which the supplier delivered PWR to the large MWC;

(d) Prior to December 31 annually, the MWC facility shall obtain from each PWR supplier the results of any independent third-party inspections conducted in accordance with Env-A 3308.05; and

(e) Annually, within 30 days of the end of the calendar year, the MWC facility shall obtain from each PWR supplier, as applicable:

(1) Updates to any inspection report, analysis, or other documentation provided pursuant to this part; or

(2) A signed statement affirming that any inspection reports, analyses, or other documents submitted in the prior year remain unchanged.

History

#12628, eff 9-27-18

N.H. Code Admin. R. Ann. Env-A 3308.08 Cessation and Resumption of Receipt of PWR from a Supplier. {#sec-env-a-3308.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3308.08}

(a) A large MWC facility shall immediately cease accepting deliveries of PWR from any supplier for which any documentation required by Env-A 3308.07 is late, missing, or indicates that the supplier or the PWR, or both, did not meet all of the requirements of this part.

(b) A large MWC facility may resume accepting deliveries of PWR from a supplier if the supplier provides the following:

(1) A written analysis of the condition that caused the large MWC to stop accepting deliveries;

(2) A written description of measures the supplier implemented to correct and prevent the condition from recurring; and

(3) If loss of qualification was the result of failing results from analysis of a PWR sample, the analytical results of the composite sample that demonstrates the PWR being produced subsequent to the corrections meets the standards in Env-A 3308.03.

(c) A large MWC shall notify the department within 15 days of any cessation or resumption of deliveries from a supplier described in (a) or (b), above.

(d) A large MWC shall submit the following to the department as specified in their Title V operating permit:

(1) Results of analysis of PWR required by Env-A 3308.07(c); and

(2) Reports of any third party inspection conducted during that period, as required by Env-A 3308.07(a)(5).

Appendix A: State Statute(s) and Federal Statute(s) and Regulations Implemented

Rule

State Statutes Implemented

Federal Statutes/Regulations Implemented

Env-A 3300

RSA 125-C:4

Env-A 3301

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §241

Env-A 3302

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.51b, 60.1940 and 241.2

Env-A 3303.01(a)

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §60.34b

Env-A 3303.01(b)

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §60.33b

Env-A 3303.01(c)

RSA 125-C:4, I(a);

RSA 125-M:3

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.33b

Env-A 3303.01(d)

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §60.55b

Env-A 3303.02(a)

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR 60, Table 5 of subpart BBBB

Env-A 3303.02(b)

RSA 125-C:4, I(a);

RSA 125-M:3

42 U.S.C. §§7411(d) and 7429(b);

40 CFR 60, Table 4 of subpart BBBB

Env-A 3304.01

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR § 60.53b(b) and (c)

Env-A 3304.02

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR § 60.1690 and 1695

Env-A 3304.03

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §60.1680

Env-A 3305.01

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.1645, 60.1650, 60.35b, and 60.54b

Env-A 3305.02

RSA 125-C:4, I(a)

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.1655, 60.1660, 60.1665, 60.1670, 60.35b, and 60.54b(e), (f) & (g)

Env-A 3306.01

RSA 125-C:6,XI

42 U.S.C. §§ 7411(d) and 7429(b);

40 CFR §§60.24(b)(2), 60.38b and 60.58b

Env-A 3306.02(a)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.24(b)(2), 60.38b and 60.58b

Env-A 3306.02(b)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.1775 and 60.1780

Env-A 3306.02(c)

RSA 125-C:6, XI

42 U.S.C. §§ 7411(d) and 7429(b);

40 CFR §§ 60.1785, 60.1790, 60.1795, and 60.1800

Env-A 3306.02(d)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.1725

Env-A 3306.02(e)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.1710

Env-A 3306.03

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.1805, 60.1810, 60.1815, 60.1820, and 60.1825

Env-A 3307.01

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.39b and 60.59b

Env-A 3307.02(a)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b);

40 CFR §§60.1830, 60.1835, 60.1840, 60.1845, 60.1850, and 60.1855

Env-A 3307.02(b)

RSA 125-C:6, XI

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §§60.1860, 60.1865, 60.1870, 60.1875, 60.1880, 60.1885, 60.1890, 60.1895, 60.1900, and 60.1905

Env-A 3308

RSA 125-C:4, I(a), RSA 125-C:6, XI and RSA 125-C:10-c

42 U.S.C. §§7411(d) and 7429(b); 40 CFR §241.4(a)(5)

Appendix B: Incorporated References

[Not applicable to this chapter]

Appendix C: Nitrogen Oxides (NOx) Limits for Large MWC Units

Municipal Waste Combustor Technology

NOx Emission Limit

(ppm by volume, corrected to 7% oxygen, dry basis)

Averaging Time

(EPA Reference Method 19, §4.1)

Mass burn waterwall

205

Daily arithmetic average (24 hours)

Mass burn rotary waterwall

250

Daily arithmetic average (24 hours)

Refuse-derived fuel combustor

250

Daily arithmetic average (24 hours)

Fluidized bed combustor

180

Daily arithmetic average (24 hours)

Mass burn refractory combustor

No limit

N/A

Appendix D: Emissions Limits for Large MWC Units

Pollutant or Parameter

Emission Limit

Averaging Time

Particulate matter

25 milligrams (mg)/dry standard cubic meter (dscm), corrected to 7 % oxygen

3-run average (run duration specified in test method)

Opacity

10 percent (6-minute average)

30 6-minute averages

Cadmium

0.035 mg/dscm, corrected to 7 % oxygen

3-run average (run duration specified in test method)

Lead

0.40 mg/dscm, corrected to 7 % oxygen

3-run average (run duration specified in test method)

Mercury

0.028 mg/dscm, corrected to 7 % oxygen , or 85 % control efficiency

3-run average (run duration specified in test method)

Sulfur dioxide

29 parts per million by volume (ppmv), or 25 % of the potential sulfur dioxide emission concentration, corrected to 7 % oxygen (dry basis)

24-hour daily block geometric average concentration or percent reduction

Hydrogen chloride

29 ppmv, or 5 % of the potential hydrogen chloride emission concentration, corrected to 7 % oxygen (dry basis)

3-run average (minimum run duration is 1 hour)

Dioxins/furans

35 nanograms/dscm (total mass), corrected to 7% oxygen, where an electrostatic precipitator-based emission control system is employed; or

30 nanograms/dscm (total mass) corrected to 7% oxygen, where an electrostatic precipitator-based emission control system is not employed

3-run average (minimum run duration is 4 hours)

Appendix E: Emissions Limits for All Small MWC Units (eff. 07-18-16)

Pollutant or Parameter

Emission Limit

Averaging Time

Particulate matter

25 milligrams (mg)/dry standard cubic meter (dscm), corrected to 7% oxygen

3-run average (run duration specified in test method)

Opacity

10 percent (6-minute average)

30 6-minute averages

Cadmium

0.035 mg/dscm, corrected to 7% oxygen

3-run average (run duration specified in test method)

Lead

0.4 mg/dscm, corrected to 7% oxygen

3-run average (run duration specified in test method)

Mercury

0.028 mg/dscm, corrected to 7% oxygen, or 85% control efficiency

3-run average (run duration specified in test method)

Sulfur dioxide- daily limit

77 ppm by volume (ppmv), or 50% of the potential sulfur dioxide emission concentration, corrected to 7% oxygen (dry basis)

24-hour daily block geometric average concentration or percent reduction

Sulfur dioxide - monthly limit

29 parts ppmv, or 25% of the potential sulfur dioxide emission concentration, corrected to 7% oxygen (dry basis)

Monthly block geometric average concentration or percent reduction

Hydrogen chloride

29 ppmv, or 5% of the potential hydrogen chloride emission concentration, corrected to 7% oxygen (dry basis)

3-run average (minimum run duration is 1 hour)

Dioxins/furans

35 nanograms/dscm (total mass), corrected to 7% oxygen (dry basis), where an electrostatic precipitator-based emission control system is employed; or

30 nanograms/dscm (total mass), corrected to 7% oxygen (dry basis), where an electrostatic precipitator-based emission control system is not employed

3-run average (minimum run duration is 4 hours)

Fugitive ash

Visible emissions for no more than 5%

of hourly observation period

3 1-hour observation periods

Appendix F: Federal Definitions

All terms that are used in this subpart and are not defined below are given the same meaning as in the Act.

40 CFR 241.2:

Construction and demolition (C&D) wood means wood that is generated from the processing of debris from construction and demolition activities for the purposes of recovering wood. C&D wood from construction activities results from wood generated during any installation activity or from purchasing more wood than a project ultimately requires. C&D wood from demolition activities results from dismantling buildings and other structures, removing materials during renovation, or from natural disasters.

40 CFR 241.4(a)(5):

Processed wood residue means construction and demolition (C&D) wood processed from C&D debris according to best management practices. Combustors of C&D wood must obtain a written certification from C&D processing facilities that the C&D wood has been processed by trained operators in accordance with best management practices. Best management practices for purposes of this categorical listing must include sorting by trained operators that excludes or removes the following materials from the final product fuel: non-wood materials (e.g., polyvinyl chloride and other plastics, drywall, concrete, aggregates, dirt, and asbestos), and wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium, or arsenical preservatives. In addition:

(i) Positive sorting. C&D processing facilities that use positive sorting - where operators pick out desirable wood from co-mingled debris - or that receive and process positive sorted C&D wood must either:

(A) Exclude all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain) from the final product fuel,

(B) Use X-ray Fluorescence to ensure that painted wood included in the final product fuel does not contain lead-based paint, or

(C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.

(ii) Negative sorting. C&D processing facilities that use negative sorting - where operators remove contaminated or otherwise undesirable materials from co-mingled debris - must remove fines (i.e., small-sized particles that may contain relatively high concentrations of lead and other contaminants) and either:

(A) Remove all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain),

(B) Use X-ray Fluorescence to detect and remove lead-painted wood, or

(C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.

(iii) Training. Processors must train operators to exclude or remove the materials as listed in paragraph (a)(5) of this section from the final product fuel. Records of training must include date of training held and must be maintained on-site for a period of three years.

(iv) Written certification. A written certification must be obtained by the combustor for every new or modified contract, purchase agreement, or other legally binding document, from each final processor of C&D wood and must include the statement: the processed C&D wood has been sorted by trained operators in accordance with best management practices.

History

#12628, eff 9-27-18

Chapter Env-A 3500 Hospital/Medical/Infectious Waste Incineration

Part Env-A 3501 Purpose

N.H. Code Admin. R. Ann. Env-A 3501.01 Purpose {#sec-env-a-3501.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3501.01}

The purpose of this chapter is to establish emission standards for existing small remote, small, medium, and large hospital/medical/infectious waste incinerators (HMIWI) for purposes of implementing sections 111(d) and 129 of the Clean Air Act, 42 U.S.C. 7401, et seq.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3502 Applicability

N.H. Code Admin. R. Ann. Env-A 3502.01 Applicability {#sec-env-a-3502.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3502.01}

(a) This chapter shall apply to each individual hospital/medical/infectious waste incinerator unit (HMIWI unit) for which construction was commenced on or before June 20, 1996.

(b) This chapter shall apply to the following 4 distinct sizes of HMIWI as defined in Env-A 3503.01:

(1) Small, remote;

(2) Small;

(3) Medium; and

(4) Large.

(c) A HMIWI unit shall not be subject to this chapter during periods when only pathological waste, low-level radioactive waste, or chemotherapeutic waste, or any combination thereof, is burned, provided the owner or operator of the unit:

(1) Notifies the department of an exemption claim; and

(2) Keeps records on a calendar quarter basis, for a minimum of 5 years, of the periods of time when only pathological waste, low-level radioactive waste, or chemotherapeutic waste, or any combination thereof, is burned.

(d) A HMIWI unit that meets the definition of a co-fired combustor as defined in Env-A 3503.01(g) shall not be subject to this chapter if the owner or operator of the unit:

(1) Notifies the department of an exemption claim;

(2) Provides a written estimate to the department that:

a. States the relative weight of hospital waste, medical/infectious waste, and other fuels and wastes to be combusted; and

b. Is verifiable using the records required in (3), below; and

(3) Keeps records on a calendar quarter basis, for a minimum of 5 years, of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

(e) The following devices shall be exempt from the requirements of this chapter:

(1) Any combustor required to have a permit under the Solid Waste Disposal Act, 42 U.S.C. §6925;

(2) Any combustor that meets the applicability requirements of 40 CFR 60 Subpart Cb, Ea, or Eb;

(3) Any pyrolysis unit; or

(4) Cement kilns firing hospital waste or medical/infectious waste or a combination thereof.

(f) Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission limits under this chapter shall not be considered a modification such that an existing HMIWI unit becomes subject to the provisions of 40 CFR 60 Subpart Ec, namely, New Source Performance Standards for hospital/medical/infectious waste incinerators.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3503 Definitions

N.H. Code Admin. R. Ann. Env-A 3503.01 Definitions {#sec-env-a-3503.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3503.01}

For the purpose of this chapter the following definitions shall apply:

(a) “Batch HMIWI” means “batch HMIWI” as defined in 40 CFR 60.51c, namely “an HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.”

(b) “Biologicals” means “biologicals” as defined in 40 CFR 60.51c, namely “preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.”

(c) “Blood products” means “blood products” as defined in 40 CFR 60.51c, namely “any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.”

(d) “Body fluids” means “body fluids” as defined in 40 CFR 60.51c, namely “liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions.”

(e) “Bypass stack” means “bypass stack” as defined in 40 CFR 60.51c, namely “a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.”

(f) “Chemotherapeutic waste” means “chemotherapeutic waste” as defined in 40 CFR 60.51c, namely “waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.”

(g) “Co-fired combustor” means “co-fired combustor” as defined in 40 CFR 60.51c, namely “a unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes (e.g. coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10 percent or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered ‘other’ wastes when calculating the percentage of hospital waste and medical/infectious waste combusted.”

(h) “Continuous HMIWI” means “continuous HMIWI” as defined in 40 CFR 60.51c, namely “an HMIWI that is designed to allow waste charging and ash removal during combustion.”

(i) “Dioxins/furans” means “dioxins/furans” as defined in 40 CFR 60.51c, namely “the combined emissions of tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23.”

(j) “Dry scrubber” means “dry scrubber” as defined in 40 CFR 60.51c, namely “an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.”

(k) “Fabric filter” or “Baghouse” means “fabric filter” or “baghouse” as defined in 40 CFR 60.51c, namely “an add-on air pollution control system that removes particulate matter (PM) and nonvaporous metals emissions by passing flue gas through filter bags.”

(l) “Facilities manager” means “facilities manager” as defined in 40 CFR 60.51c, namely “the individual in charge of purchasing, maintaining, and operating the HMIWI or the owner’s or operator’s representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.”

(m) “High-air phase” means “high-air phase” as defined in 40 CFR 60.51c, namely “the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.”

(n) “Hospital” means “hospital” as defined in 40 CFR 60.51c, namely “any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.”

(o) “Hospital/medical/infectious waste incinerator (HMIWI or HMIWI unit)” means “hospital/medical/infectious waste incinerator” or “HMIWI” or “HMIWI unit” as defined in 40 CFR 60.51c, namely “any device that combusts any amount of hospital waste and/or medical/infectious waste.”

(p) “Hospital waste” means “hospital waste” as defined in 40 CFR 60.51c, namely “discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.”

(q) “Infectious agent” means “infectious agent” as defined in 40 CFR 60.51c, namely “any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.”

(r) “Intermittent HMIWI” means “intermittent HMIWI” as defined in 40 CFR 60.51c, namely “an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.”

(s) “Large HMIWI” means:

(1) An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour;

(2) A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or

(3) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

(t) “Low-level radioactive waste” means “low-level radioactive waste” as defined in 40 CFR 60.51c, namely “waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or State standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).”

(u) “Maximum charge rate” means “maximum charge rate” as defined in 40 CFR 60.51c, namely:

(1) “For continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits; or

(2) For batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.”

(v) “Maximum fabric filter inlet temperature” means “maximum fabric filter inlet temperature” as defined in 40 CFR 60.51c, namely “110 percent of the lowest 3-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.”

(w) “Maximum flue gas temperature” means “maximum flue gas temperature” as defined in 40 CFR 60.51c, namely “110 percent of the lowest 3-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit.”

(x) “Medical/infectious waste” means “medical/infectious waste” as defined in 40 CFR 60.51c, namely “any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed in paragraphs (1) through (7) of this definition. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in part 261 of this chapter; household waste, as defined in Sec. 261.4(b)(1) of this chapter; ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in Sec. 261.4(a)(1) of this chapter.

(1) Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

(2) Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

(3) Human blood and blood products including:

a. Liquid waste human blood;

b. Products of blood;

c. Items saturated and/or dripping with human blood; or

d. Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

(4) Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

(5) Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

(6) Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

(7) Unused sharps including the following unused, discard sharps: hypodermic needles, suture needles, syringes, and scalpel blades.”

(y) “Medium HMIWI” means:

(1) An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(2) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(3) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.

(z) “Minimum dioxin/furan sorbent flow rate” means “minimum dioxin/furan sorbent flow rate” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.”

(aa) “Minimum Hg sorbent flow rate” means “minimum Hg sorbent flow rate” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.”

(ab) “Minimum hydrogen chloride sorbent flow rate” means “minimum hydrogen chloride sorbent flow rate” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.”

(ac) “Minimum horsepower or amperage” means “minimum horsepower or amperage” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average horsepower or amperage to the wet scrubber (taken, at minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limits.”

(ad) “Minimum pressure drop across the wet scrubber” means “minimum pressure drop across the wet scrubber” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.”

(ae) “Minimum scrubber liquor flow rate” means “minimum scrubber liquor flow rate” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.”

(af) “Minimum scrubber liquor pH” means “minimum scrubber liquor pH” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.”

(ag) “Minimum secondary chamber temperature” means “minimum secondary chamber temperature” as defined in 40 CFR 60.51c, namely “90 percent of the highest 3-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, CO, or dioxin/furan emission limits.”

(ah) “Modified HMIWI” means “modified HMIWI” as defined in 40 CFR 60.51c, namely “any change to an HMIWI unit after January 30, 1999 such that:

(1) The cumulative costs of the modifications, over the life of the unit, exceed 50 per centum of the original cost of the construction and installation of the unit, not including the cost of any land purchased in connection with such construction or installation, updated to current costs; or

(2) The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Clean Air Act.”

(ai) “Operating day” means “operating day” as defined in 40 CFR 60.51c, namely “a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.”

(aj) “Operation” means “operation” as defined in 40 CFR 60.51c, namely “the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.”

(ak) “Pathological waste” means “pathological waste” as defined in 40 CFR 60.51c, namely “waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding, if applicable.”

(al) “Primary chamber” means “primary chamber” as defined in 40 CFR 60.51c, namely “the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.”

(am) “Pyrolysis” means “pyrolysis” as defined in 40 CFR 60.51c, namely “the endothermic gasification of hospital waste and/or medical/infectious waste using external energy.”

(an) “Secondary chamber” means “secondary chamber” as defined in 40 CFR 60.51c, namely “a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.”

(ao) “Section 111(d)/129 state plan” means the written document required to be submitted to EPA following adoption of this chapter by the state and which implements the regulations controlling air pollutant emissions from hospital/medical/infectious waste incinerators, pursuant to this chapter.

(ap) “Shutdown” means “shutdown” as defined in 40 CFR 60.51c, namely “the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.”

(aq) “Small HMIWI” means:

(1) An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour;

(2) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or

(3) A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.

(ar) “Small, remote HMIWI” means any small HMIWI which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (SMSA) and burns less than 2,000 pounds per week of hospital waste and medical/infectious waste.

(as) “Standard Metropolitan Statistical Area (SMSA)” means “standard metropolitan statistical area” or “SMSA” as defined in 40 CFR 60.31e, namely “any areas listed in the Office of Management and Budget Bulletin No. 93-17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993.”

(at) “Startup” means “startup” as defined in 40 CFR 60.51c, namely “the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.”

(au) “Toxic equivalency (TEQ)” means the product of the individual dioxin/furan compound concentrations and their respective toxic equivalency factor.

(av) “Toxic equivalency factor (TEF)” means the estimate of the toxicity of dioxin-like compounds, or congeners, relative to the toxicity of 2,3,7,8-TCDD, which is assigned a TEF of 1.0.

(aw) “Wet scrubber” means “wet scrubber” as defined in 40 CFR 60.51c, namely “an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.”

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3504 Calculation of Maximum Design Waste Burning Capacity

N.H. Code Admin. R. Ann. Env-A 3504.01 Calculation of Maximum Design Waste Burning Capacity {#sec-env-a-3504.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3504.01}

(a) For the purposes of (c), below, to calculate the maximum design waste burning capacity of intermittent or continuous HMIWI units, the following shall apply:

(1) “C” means the HMIWI capacity in lb/hr;

(2) “Pv” means the primary chamber volume in ft3;

(3) The primary chamber heat release factor in Btu/ft3/hr shall be 15,000; and

(4) The standard waste heating value in Btu/lb shall be 8,500.

(b) For the purposes of (c), below, to calculate the maximum design waste burning capacity of batch HMIWI units, the following shall apply:

(1) “C” means the HMIWI capacity in lb/hr;

(2) “Pv” means the primary chamber volume in ft3;

(3) The waste density in lb/ft3 shall be 4.5; and

(4) The typical hours of operation of a batch HMIWI unit in hrs shall be 8.

(c) To calculate the maximum design waste burning capacity, the owner or operator of a HMIWI unit subject to the provisions of this chapter shall:

(1) For intermittent and continuous HMIWI, multiply the primary chamber volume by the primary chamber heat release factor and divide the product by the standard waste heating value, as in the formula below:

C = (Pv x 15,000) / 8,500; or

(2) For batch HMIWI, multiply the primary chamber volume by the waste density and divide the product by the typical hours of operation of a batch HMIWI unit, as in the formula below:

C = (Pv x 4.5) / 8

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3505 Emission Limits

N.H. Code Admin. R. Ann. Env-A 3505.01 Emission Limits for Small, Remote HMIWI {#sec-env-a-3505.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3505.01}

(a) All small, remote HMIWI units shall comply with the emission limitations set forth in Table 3500-1 in (c), below.

(b) For purposes of Table 3500-1 in (c), below, when there is a choice between units of measurement for any of the pollutants listed, the HMIWI operator or owner shall choose the unit of measurement that applies most closely to the individual HMIWI unit.

(c) The emission limits for small, remote HMIWI shall be as set forth in Table 3500-1 below, based on 7 percent oxygen, dry basis:

TABLE 3500-1: EMISSION LIMITS FOR SMALL, REMOTE HMIWI

Pollutant

HMIWI Emission Limits

Particulate matter

197 milligrams per dry standard cubic meter, or

0.086 grains per dry standard cubic foot

Carbon monoxide

40 parts per million by volume

Dioxins/furans

If measured as total dioxins/furans, either:

800 nanograms per dry standard cubic meter total dioxins/furans; or

350 grains per billion dry standard cubic feet total dioxins/furans.

If measured as toxic equivalency (TEQ), either:

15 nanograms per dry standard cubic meter TEQ; or

6.6 grains per billion dry standard cubic feet TEQ.

Hydrogen chloride

3100 parts per million by volume

Sulfur dioxide

55 parts per million by volume

Nitrogen oxides

250 parts per million by volume

Lead

10 milligrams per dry standard cubic meter; or

4.4 grains per thousand dry standard cubic feet

Cadmium

4 milligrams per dry standard cubic meter; or

1.7 grains per thousand dry standard cubic feet

Mercury

0.055 milligrams per dry standard cubic meter; or

0.024 grains per thousand dry standard cubic feet

(d) On or after the initial performance test is completed or required to be completed, whichever comes first, no owner or operator of a small, remote HMIWI unit shall cause to be discharged into the atmosphere from that HMIWI unit any gases that exhibit greater than 10 percent opacity, measured by 6 minute block average, using Method 9 from 40 CFR 60 Appendix A.

(e) The emission limits for small, remote HMIWI pursuant to this chapter shall apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged to the HMIWI unit during startup, shutdown, or malfunction.

History

#6938, eff 1-30-99; amd by #7127, eff 10-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3505.02 Emission Limits for Small, Medium, and Large HMIWI {#sec-env-a-3505.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3505.02}

(a) All small, medium, and large HMIWI units shall comply with the emission limitations set forth in Table 3500-2 in (c), below.

(b) For purposes of Table 3500-2 in (c), below, when there is a choice between units of measurement for any of the pollutants listed, the HMIWI operator or owner shall choose the units of measurement that applies most closely to the individual HMIWI unit.

(c) The emission limits for small, medium, and large HMIWI shall be as set forth in Table 3500-2 below, based on 7 percent oxygen, dry basis:

TABLE 3500-2: EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

Pollutant

Units

Emission limits

HMIWI size

Small

Medium

Large

Particulate matter

milligrams per dry standard cubic meter; or

grains per dry standard cubic foot

115

0.05

0.03

0.015

Carbon monoxide

parts per million by volume

Dioxins/furans

If measured as total dioxins/furans, either:

nanograms per dry standard cubic meter total dioxins/furans; or

grains per billion dry standard cubic feet total dioxins/furans.

If measured as toxic equivalency (TEQ), either:

nanograms per dry standard cubic meter TEQ; or

grains per billion dry standards cubic feet TEQ.

125

2.3

1.0

125

2.3

1.0

125

2.3

1.0

Hydrogen chloride

parts per million by volume; or

percent reduction

100

93%

100

93%

100

93%

Sulfur dioxide

parts per million by volume

Nitrogen oxides

parts per million by volume

250

Lead

milligrams per dry standard cubic meter;

grains per thousand dry standard cubic feet; or

percent reduction

1.2

0.52

70%

1.2

0.52

70%

1.2

0.52

70%

Cadmium

milligrams per dry standard cubic meter;

grains per thousand dry standard cubic feet; or

percent reduction

0.16

0.07

65%

0.16

0.07

65%

0.16

0.07

65%

Mercury

milligrams per dry standard cubic meter; or

grains per thousand dry standard cubic feet;

0.055

0.024

0.055

0.024

0.055

0.024

(d) On or after the initial performance test is completed or required to be completed, whichever comes first, no owner or operator of a small, medium, or large HMIWI unit shall cause to be discharged into the atmosphere from that HMIWI unit any gases that exhibit greater than 10 percent opacity, measured by 6 minute block average using method 9 from 40 CFR 60 Appendix A.

(e) The emission limits for small, medium, or large HMIWI under this chapter shall apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged to the HMIWI unit during startup, shutdown, or malfunction.

History

#6938, eff 1-30-99; amd by #7127, eff 10-30-99; ss by #8788, eff 1-5-07

Part Env-A 3506 Operator Training, Qualifications and Requirements

N.H. Code Admin. R. Ann. Env-A 3506.01 Operator Training {#sec-env-a-3506.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3506.01}

(a) No owner or operator of a HMIWI unit subject to this chapter shall allow the HMIWI unit to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.

(b) Operator training shall be obtained through a state-approved program, such as that provided pursuant to Env-Sw 1600.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3506.02 Operator Qualifications and Requirements {#sec-env-a-3506.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3506.02}

(a) Operator qualification shall be obtained through:

(1) Completion of a training course that satisfies the criteria under Env-A 3506.01; and

(2) Either 6 months experience as an HMIWI operator, 6 months experience as a direct supervisor of an HMIWI operator, or completion of at least 2 burn cycles, each under the observation of 2 qualified HMIWI operators.

(b) Qualification shall be valid from the date on which the examination is passed or the completion of the required experience, whichever is later.

(c) To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an operator training update program as defined in Env-Sw 1602.10.

(d) As specified in RSA 149-M:6, XIII, a lapsed qualification shall be subject to one of the following provisions, as applicable:

(1) For a lapse of less than 90 days, the HMIWI operator shall complete and pass a standard annual refresher course pursuant to (c), above; or

(2) For a lapse of 90 days or more, the HMIWI operator shall complete and pass a training course pursuant to Env-A 3506.01(b).

(e) The owner or operator of a HMIWI unit shall maintain a copy of Env-A 3500 and documentation of the following at the facility:

(1) A description of basic combustion theory applicable to the particular HMIWI unit;

(2) Procedures for receiving, handling, and charging waste;

(3) HMIWI startup, shutdown, and malfunction procedures;

(4) Procedures for maintaining proper combustion air supply levels;

(5) Procedures for operating the HMIWI and associated air pollution control systems within the standards established under this chapter;

(6) Procedures for responding to periodic malfunction or conditions that might lead to malfunction;

(7) Procedures for monitoring HMIWI emissions;

(8) Reporting and record keeping procedures;

(9) Procedures for handling ash; and

(10) Records of training for all operators of the HMIWI unit.

(f) The owner or operator of a HMIWI unit shall establish a program for reviewing the information listed in (e), above, with each HMIWI operator in accordance with the following:

(1) The initial review of information listed in (e), above, shall be conducted prior to assumption of responsibilities affecting HMIWI operation; and

(2) Subsequent reviews of the information listed in (e), above, shall be conducted at least annually.

(g) The information listed in (e), above, shall be kept in a readily accessible location for all HMIWI operators, and shall be available for inspection by the department or EPA upon request.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3509 Waste Management Plan

N.H. Code Admin. R. Ann. Env-A 3509.01 Waste Management Plan {#sec-env-a-3509.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3509.01}

(a) The owner or operator of a HMIWI unit shall prepare a waste management plan that identifies the feasibility and approach of the following:

(1) Separation of the solid waste components listed in (b), below, from the health care stream in order to reduce the amount of toxic emissions from incinerated waste;

(2) Recycling of the solid waste components listed in (b), below, from the health care stream;

(3) Purchasing recycled or recyclable products; and

(4) Identification of reasonably available additional waste management measures, taking into account:

a. The effectiveness of waste management measures already in place;

b. The costs of additional measures;

c. The emissions reductions expected to be achieved; and

d. Any other environmental or energy impacts they might have.

(b) The solid waste components considered pursuant to (a)(1) and (2), above, shall include:

(1) Paper;

(2) Plastics;

(3) Cardboard;

(4) Glass;

(5) Batteries;

(6) Metal; and

(7) Any other waste generated by the facility(ies) served by the HMIWI that is or becomes recyclable.

(c) In preparing the waste management plan pursuant to (a), above, the owner or operator of a HMIWI shall consider the reference material published by The American Hospital Association and entitled: “An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities.”

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3510 Requirements for Inspection and Maintenance of Small, Remote Hmiwi

N.H. Code Admin. R. Ann. Env-A 3510.01 Inspections and Maintenance of Small, Remote HMIWI {#sec-env-a-3510.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3510.01}

(a) The owner or operator of each small, remote HMIWI unit subject to the emission limits set forth in Env-A 3505.01(a) shall undertake a self-performed initial equipment inspection within one year following EPA approval of the section 111(d)/129 state plan.

(b) The owner or operator of each small, remote HMIWI subject to the emission limits set forth in Env-A 3505.01(a) shall undertake an annual equipment inspection and keep records pursuant to Env-A 3513.02, no more than 12 months after the initial equipment inspection or the previous annual equipment inspection using the inspection requirements set forth in Env-A 3510.02.

(c) The owner or operator shall undertake such equipment maintenance and adjustments as are needed to ensure that all components are in proper working condition.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3510.02 Small, Remote HMIWI Inspection Coverage {#sec-env-a-3510.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3510.02}

Inspections pursuant to Env-A 3510.01 shall include the following:

(a) Inspection of all burners, pilot assemblies, and pilot sensing devices for proper operation;

(b) Proper adjustment of primary and secondary chamber combustion air flow;

(d) Inspection of dampers, fans, and blowers for proper operation;

(e) Inspection of HMIWI door and door gaskets for proper sealing;

(f) Inspection of motors for proper operation;

(g) Inspection of primary chamber refractory lining;

(h) Inspection of incinerator shell for corrosion and hot spots;

(i) Inspection of secondary/tertiary chamber and stack;

(j) Inspection of mechanical loader, including limit switches, for proper operation, if applicable;

(k) Visual inspection of waste bed grates;

(l) For the burn cycle that follows the inspection, documentation that the incinerator is operating properly and that any necessary adjustments have been made;

(m) Inspection of air pollution control device or devices for proper operation, if applicable;

(n) Inspection of waste heat boiler systems to ensure proper operation, if applicable;

(o) Inspection of bypass stack components;

(p) Proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

(q) General observation that the equipment is maintained in good operating condition.

History

#8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3510.03 Small, Remote HMIWI Maintenance {#sec-env-a-3510.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3510.03}

(a) Maintenance of small, remote HMIWI units shall include the following, as applicable:

(1) Cleaning pilot flame sensors;

(2) Adjusting primary and secondary chamber combustion air flow;

(3) Lubrication of hinges and door latches;

(4) Repair or replacement of dampers, fans, and blowers;

(5) Repair or replacement of HMIWI door gaskets;

(6) Repair or replacement of motors;

(7) Cleaning and repair or replacement of the primary chamber refractory lining;

(8) Repair of incinerator shell for corrosion and/or hot spots;

(9) Cleaning of secondary/tertiary chamber and stack;

(10) Repair or replacement of mechanical loaders;

(11) Repair or sealing of waste bed grates;

(12) Repair or replacement or recalibration of air pollution control devices;

(13) Repair or replacement of waste heat boiler systems;

(14) Repair or replacement of bypass stack components;

(15) Calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

(16) Any other actions needed to ensure that the equipment is in good operating condition.

(b) All necessary repairs shall be completed within 10 operating days following an equipment inspection unless the owner or operator applies for a waiver in accordance with Env-A 205 and obtains written approval from the department establishing an alternative compliance date whereby all necessary repairs of the designated facility will be completed.

History

#8788, eff 1-5-07

Part Env-A 3511 Performance and Compliance Testing

N.H. Code Admin. R. Ann. Env-A 3511.01 Performance and Compliance Testing for Small, Remote HMIWI Units {#sec-env-a-3511.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3511.01}

(a) The owner or operator of a small, remote HMIWI unit subject to the emission limits set forth in Env-A 3505.01(a) shall be subject to the following performance and compliance testing requirements:

(1) Performance and compliance testing shall be conducted in accordance with Env-A 3511.02, other than Env-A 3511.02 (a)(4)g, (e), and (f) for hydrogen chloride and Env-A 3511.02 (a)(4)h, (g), and (h) for lead and cadmium only;

(2) The annual performance testing procedure shall be conducted in accordance with Env-A 3511.03(a);

(3) The maximum charge rate and minimum secondary chamber temperature shall be established as site-specific operating parameters during the initial performance test to determine compliance with the applicable emission limits pursuant to Env-A 3505.01(a); and

(4) Following the date the initial performance test is completed or is required to be completed, the HMIWI unit shall not operate above the maximum charge rate or below the minimum secondary chamber temperature, measured as 3-hour rolling averages, calculated each hour as the average of the 3 previous operating hours, at all times except during periods of startup, shutdown, and malfunction.

(b) The owner or operator of a small, remote HMIWI shall not be subject to the 2,000 lb/week limitation pursuant to Env-A 3503.01(ar) during performance tests.

History

#6938, eff 1-30-99; amd by #7127, eff 10-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3511.02 Performance and Compliance Testing for Small, Medium, and Large HMIWI Units {#sec-env-a-3511.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3511.02}

(a) The owner or operator of a small, medium, or large HMIWI unit shall conduct an initial performance test as required by 40 CFR 60.8 to determine compliance with the emission limits as set forth in Env-A 3505, using the following requirements, procedures, and test methods:

(1) The use of a bypass stack during a performance test shall invalidate the performance test;

(2) All performance tests shall consist of a minimum of 3 test runs conducted under the representative operating conditions;

(3) The minimum sample time shall be one hour per test run unless otherwise stated; and

(4) For the purposes of determining compliance with Env-A 3505, the following reference methods from 40 CFR 60 Appendix A shall be used:

a. Method 1 to select the sampling location and number of traverse points;

b. Method 3 or 3A for gas composition analysis, including measurement of oxygen concentration;

c. Method 5 to measure the particulate matter emissions;

d. Method 9 to measure stack opacity;

e. Method 10 or 10B to measure the carbon monoxide emissions;

f. Method 23 or the method described in (d), below, to measure total dioxins/furans emissions, which shall have a minimum sample time of 4 hours per test run;

g. Method 26 or the method described in (e), below, to measure hydrogen chloride emissions; and

h. Method 29 or the method described in (g), below, to measure lead, cadmium, and mercury emissions.

(b) To correct pollutant concentrations to 7 percent oxygen as specified in (c), below, the following shall apply:

(1) “Cadj” means the pollutant concentration adjusted to 7 percent oxygen;

(2) “Cmeas” means the pollutant concentration measured on a dry basis;

(3) The defined oxygen correction basis shall be 20.9 less a correction factor of 7;

(4) The oxygen concentration in air shall be 20.9; and

(5) “%O2” means the oxygen concentration measured on a dry basis in percent.

(c) To correct pollutant concentrations to 7 percent oxygen, the HMIWI owner or operator subject to the provisions of this chapter shall calculate the defined oxygen correction basis, divide by the difference between 20.9 and %O2, and then multiply the result by Cmeas, as in the formula below:

Cadj = (20.9 - 7)/(20.9 - %O2) x Cmeas

(d) If the owner or operator of the HMIWI unit has selected the toxic equivalency standards for dioxins/furans under Env-A 3505, the following procedures shall be used to determine compliance with the dioxins/furans emission limit:

(1) The concentration of each dioxin/furan tetra- through octa-congener listed in Table 3500-3, that is emitted, shall be measured using EPA Reference Method 23 in 40 CFR 60 Appendix A;

(2) For each dioxin/furan congener measured in accordance with (1), above, the congener concentration shall be multiplied by its corresponding equivalency factor as specified in Table 3500-3; and

(3) The products calculated in accordance with (2), above, shall be added to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

(e) If the owner or operator of the HMIWI unit has selected the percentage reduction standards for hydrogen chloride pursuant to Env-A 3505.02, to calculate the percentage reduction in hydrogen chloride, then for the purposes of (f), below, the following shall apply:

(1) “%RHCl” means the percentage reduction of hydrogen chloride achieved;

(2) “Ei” means the hydrogen chloride concentration measured at the control device inlet, corrected to 7 percent oxygen on dry basis; and

(3) “Eo” means the hydrogen chloride emission concentration measured at the control device outlet, corrected to 7 percent oxygen on dry basis.

(f) To calculate the percentage reduction in hydrogen chloride, the owner or operator of the HMIWI unit shall calculate the difference between Ei and Eo, divide the difference by Ei, and multiply the result by 100, as in the formula below:

%RHCl = ((Ei - Eo)/Ei) x 100

(g) If the owner or operator of the HMIWI unit has selected the percentage reduction standards for metals, in particular lead or cadmium, pursuant to Env-A 3505.02, to calculate the percentage reduction in metal, then for the purposes of (h), below, the following shall apply:

(1) “%Rmetal” means the percentage reduction of metal achieved;

(2) “Ei” means the metal concentration measured at the control device inlet, corrected to 7 percent oxygen on dry basis; and

(3) “Eo” means the metal emission concentration measured at the control device outlet, corrected to 7 percent oxygen on dry basis.

(h) To calculate the percentage reduction in metal, in particular lead or cadmium, the owner or operator of the HMIWI unit shall calculate the difference between Ei and Eo, divide the difference by Ei, and multiply the result by 100, as in the formula below:

%Rmetal = ((Ei - Eo)/Ei) x 100

(i) For the purposes of calculating toxic equivalency standards for dioxins/furans pursuant to (d), above, the toxic equivalency factors listed for each dioxin/furan congener in Table 3500-3, as set forth in (j), below, shall be used.

(j) Toxic equivalency factors for dioxin/furan cogeners shall be as set forth in Table 3500-3, as follows:

TABLE 3500-3 TOXIC EQUIVALENCY FACTORS FOR DIOXIN/FURAN COGENERS

Dioxin/furan congener

Toxic Equivalency Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin

0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin

0.1

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin

0.01

octachlorinated dibenzo-p-dioxin

0.001

2,3,7,8-tetrachlorinated dibenzofuran

0.1

2,3,4,7,8-pentachlorinated dibenzofuran

0.5

1,2,3,7,8-pentachlorinated dibenzofuran

0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran

0.01

octachlorinated dibenzofuran

0.001

(k) Operating parameter limits shall not apply during performance tests.

(l) Operation at times other than during established repeat performance tests above the maximum charge rate or below the minimum secondary chamber temperature shall constitute violation of the established operating parameter(s).

(m) Operation of the HMIWI unit at times other than during established repeat performance tests above the maximum charge rate and below the minimum secondary chamber temperature simultaneously, both measured as 3-hour rolling averages except for batch units which shall be measured on a 24-hour basis, shall constitute violation of the particulate matter, carbon monoxide, and dioxin/furan emission limits.

(n) The owner or operator of an HMIWI unit shall conduct a repeat performance test within 30 days of violation of an applicable operating parameter(s) to demonstrate that the designated unit is no longer in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters as were in effect at the time that a violation was indicated.

History

#6938, eff 1-30-99; amd by #7127, eff 10-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3511.03 Annual Performance Testing {#sec-env-a-3511.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3511.03}

(a) Following the date the initial performance test is completed or required to be completed, whichever comes first, the owner or operator of any HMIWI unit subject to this chapter shall conduct an annual performance test to determine compliance with the opacity limit set forth in Env-A 3505.01(d) or Env-A 3505.02(d) using the applicable procedures and test methods listed in Env-A 3511.02(a)(4)d.

(b) Performance tests measuring opacity shall be subject to the following:

(1) Performance tests shall be conducted no more than 12 months following the previous performance test; and

(2) The use of a bypass stack during a performance test shall invalidate the performance test.

(c) Following the date the initial performance test is completed or required to be completed, whichever comes first, the owner or operator of a small, medium or large HMIWI unit subject to this chapter shall conduct an annual performance test to determine compliance with the particulate matter, carbon monoxide, and hydrogen chloride emission limits set forth in Env-A 3505.02 using the applicable procedures and test methods listed in Env-A 3511.02 and subject to the conditions specified in (b)(1) and (2), above.

(d) If the performance tests for particulate matter, carbon monoxide, or hydrogen chloride conducted pursuant to (c), above, over a 3-year period indicate compliance with the applicable emission limit, the owner or operator may forego a performance test for that particular pollutant for the subsequent 2 years, subject to (e), below.

(e) At a minimum, the owner or operator of a small, medium, or large HMIWI unit subject to this chapter shall conduct a performance test for particulate matter, carbon monoxide, or hydrogen chloride every third year, no more than 36 months following the previous performance test.

(f) If a performance test conducted every third year indicates compliance with the emission limit for particulate matter, carbon monoxide, or hydrogen chloride, the HMIWI owner or operator may continue to forego a performance test for that pollutant for an additional 2 years, testing only every third year.

(g) If any performance test indicates non-compliance with the respective emission limit, the owner or operator shall conduct a performance test for that pollutant annually until all annual performance tests over a 3-year period indicate compliance with the emission limit.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3511.04 Demonstrating Compliance Using a Continuous Emissions Monitoring System {#sec-env-a-3511.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3511.04}

Owners or operators of HMIWI units subject to this chapter using a continuous emissions monitoring system (CEMS) to demonstrate compliance with any of the emission limits set forth in Env-A 3505.02 shall:

(a) Determine compliance with the appropriate emission limit or limits using a 12-hour rolling average, calculated each hour as the previous 12 operating hours, except during periods of startup, shutdown, or malfunction; and

(b) Operate all CEMS in accordance with the applicable procedures under 40 CFR 60 Appendices B and F and Env-A 800.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3511.05 Compliance Guidelines for Facilities with Air Pollution Control Devices {#sec-env-a-3511.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3511.05}

(a) The owner or operator of a HMIWI unit that is equipped with an air pollution control device shall be subject to the compliance requirements and operating parameters set forth in this section.

(b) The following equipment, when installed on a HMIWI unit, shall qualify as an air pollution control device:

(1) A dry scrubber followed by a fabric filter;

(2) A wet scrubber; or

(3) A dry scrubber followed by a fabric filter and wet scrubber.

(c) The owner or operator of each HMIWI unit equipped with an air pollution control device as described in (b), above, shall:

(1) Establish the appropriate maximum and minimum operating parameters, in accordance with Table 3500-4, for each control system, as site-specific operating parameters during the initial performance test to determine compliance with the emission limits set forth in Env-A 3505; and

(2) Following the date the initial performance test is completed or is required to be completed, whichever date comes first, ensure the unit does not operate above any of the applicable maximum operating parameters or below any of the minimum operating parameters listed in Table 3500-4, measured as 3-hour rolling averages, calculated each hour as the average of the previous 3 operating hours, at all times except during startup, shutdown, malfunction, and during performance tests.

(d) For HMIWI units that are equipped with an air pollution control device as described in (b), above, operation above or below established maximum or minimum operating parameters, respectively, shall constitute violation of established operating parameters.

(e) For HMIWI units equipped with an air pollution control device as described in (b)(1), above, the following methods of operation shall constitute violation of the applicable emission limits:

(1) For carbon monoxide, operating above the maximum charge rate and below the minimum secondary chamber temperature, simultaneously, both measured on a 3-hour rolling average;

(2) For dioxins/furans, operating above the maximum fabric filter inlet temperature, above the maximum charge rate and below the minimum dioxin/furan sorbent flow rate, simultaneously, each measured on a 3-hour rolling average;

(3) For hydrogen chloride, operating above the maximum charge rate and below the minimum hydrogen chloride sorbent flow rate, simultaneously, both measured on a 3-hour rolling average;

(4) For mercury, operating above the maximum charge rate and below the minimum mercury sorbent flow rate, simultaneously, both measured on a 3-hour rolling average; or

(5) For particulate matter, dioxins/furans, hydrogen chloride, lead, cadmium, and mercury, use of a bypass stack except during periods of startup, shutdown, or malfunction.

(f) For HMIWI units equipped with an air pollution control device as described in (b)(2), above, the following methods of operation shall constitute violation of the applicable emission limits:

(1) For particulate matter, operation above the maximum charge rate and below the pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system, simultaneously, each measured on a 3-hour rolling average;

(2) For carbon monoxide, operation above the maximum charge rate and below the minimum secondary chamber temperature, simultaneously, both measured as a 3 hour rolling average;

(3) For dioxins/furans, operation above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber flow rate, simultaneously, each measured on a 3-hour rolling average;

(4) For hydrogen chloride, operation above the maximum charge rate and below the minimum scrubber liquor pH, simultaneously, both measured on a 3-hour rolling average;

(5) For mercury, operation above the maximum flue gas temperature and above the maximum charge rate, simultaneously, both measured on a 3-hour rolling average; or

(6) For particulate matter, dioxins/furans, hydrogen chloride, lead, cadmium, and mercury, use of a bypass stack except during periods of startup, shutdown, or malfunction.

(g) For HMIWI units equipped with an air pollution control device as described in (b)(3), above, the following methods of operation shall constitute violation of the applicable emission limits:

(1) For carbon monoxide, operation above the maximum charge rate and below the minimum secondary chamber temperature, simultaneously, both measured on a 3-hour rolling average;

(2) For dioxins/furans, operation above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxins/furans sorbent flow rate, simultaneously, each measured as a 3-hour rolling average;

(3) For hydrogen chloride, operation above the maximum charge rate and below the minimum scrubber liquor pH, simultaneously, both measured as a 3-hour rolling average;

(4) For mercury, operation above the maximum charge rate and below the minimum mercury sorbent flow rate, simultaneously, both measured as a 3-hour rolling average; or

(5) For particulate matter, dioxins/furans, hydrogen chloride, lead, cadmium, and mercury, use of a bypass stack except during periods of startup, shutdown, or malfunction.

(h) The owner or operator of a HMIWI unit shall conduct a repeat performance test within 30 days of violation of an applicable operating parameter(s) to demonstrate that the HMIWI unit is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under this part.

(i) The owner or operator of a HMIWI unit using an air pollution control device other than those devices listed in (b), above, to comply with Env-A 3505 emission limits shall request other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter by submitting the following information in writing to the department:

(1) The identity and description of the facility, including the devices controlled with the air pollution control device;

(2) The proposed alternative operating parameters to be monitored; and

(3) Technical data and information demonstrating that the operating parameters requested to be monitored are as sufficient in monitoring operation of the alternative air pollution control device as those monitoring parameters used to monitor operation of the air pollution control devices listed in (b), above.

(j) The department shall approve a request submitted pursuant to (i), above, if the proposed alternative site-specific operating parameters are as sufficient in monitoring operation of the alternative air pollution control device as those monitoring parameters used to monitor operation of the air pollution control devices listed in (b), above.

(k) The department shall deny a request submitted pursuant to (i), above, if:

(1) The owner or operator fails to provide complete and accurate information; or

(2) The proposed alternative site-specific operating parameters fail to meet the criteria specified in (k), above.

(m) The owner or operator submitting a request to the department pursuant to (i), above, shall not conduct an initial performance test until after the request has been approved by the department.

(n) The owner or operator of a HMIWI unit who submitted a request pursuant to (i), above, may conduct a repeat performance test at any time to establish new values for the operating parameters.

(o) Minimum and maximum operating parameters as required in (c), above, shall be as specified in Table 3500-4, as follows:

TABLE 3500-4: OPERATING PARAMETERS TO BE MONITORED AND

MINIMUM MEASUREMENT AND RECORDING FREQUENCIES

Operating parameters to be monitored

Minimum frequency

Control system

Data measurement

Data recording

Dry scrubber followed by fabric filter

Wet scrubber

Dry scrubber followed by fabric filter and wet scrubber

Maximum operating parameters

Maximum charge rate

continuous

once per hour

Maximum fabric filter inlet temperature

continuous

once per minute

Maximum flue gas temperature

continuous

once per minute

Minimum operating parameters

Minimum secondary chamber temperature

continuous

once per minute

Minimum dioxin/furan sorbent flow rate

hourly

once per hour

Minimum HCl sorbent flow rate

hourly

once per hour

Minimum mercury (Hg) sorbent flow rate

hourly

once per hour

Minimum pressure drop across the wet scrubber or minimum horsepower or amperage to wet scrubber

continuous

once per minute

Minimum scrubber liquor flow rate

continuous

once per minute

Minimum scrubber liquor pH

continuous

once per minute

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3512 Monitoring

N.H. Code Admin. R. Ann. Env-A 3512.01 Monitoring Requirements for Small, Remote HMIWI {#sec-env-a-3512.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3512.01}

The owner or operator of a small, remote HMIWI unit subject to Env-A 3505.01 shall:

(a) Install, calibrate to manufacturers’ specifications, maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout the operation;

(b) Install, calibrate to manufacturers’ specification, maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI;

(c) Obtain monitoring data at all times during the HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair; and

(d) At a minimum, obtain valid monitoring data for 75 percent of the operating hours per day and for 90 percent of the operating days per calendar quarter that the HMIWI unit is combusting hospital or medical/infectious waste or any combination thereof.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3512.02 Monitoring Requirements for Small, Medium, and Large HMIWI {#sec-env-a-3512.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3512.02}

The owner or operator of a small, medium, or large HMIWI unit subject to Env-A 3505.02 emission limits shall:

(a) Install, calibrate to manufacturers’ specifications, maintain, and operate devices or establish methods for monitoring the applicable maximum and minimum operating parameters in accordance with Table 3500-4 such that these devices or methods measure and record values for these operating parameters at the frequencies indicated in Table 3500-4 at all times except during periods of startup and shutdown;

(b) Install, calibrate to manufacturers’ specifications, maintain, and operate a device or method for measuring the use of a bypass stack including date, time, and duration;

(c) For HMIWI units using a device other than the air pollution control devices pursuant to Env-A 3511.05(b) to comply with Env-A 3505.02 emission limits, install, calibrate to manufacturers’ specifications, maintain, and operate the equipment necessary to monitor the site specific operating parameters developed pursuant to Env-A 3511.05(i);

(d) Obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair; and

(e) At a minimum, obtain valid monitoring data for 75 percent of the operating hours per day and for 90 percent of the operating days per calendar quarter that the designated HMIWI unit is combusting hospital waste and/or medical/infectious waste.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Part Env-A 3513 Recordkeeping and Reporting

N.H. Code Admin. R. Ann. Env-A 3513.01 Recordkeeping and Reporting for Small, Remote HMIWI Units {#sec-env-a-3513.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3513.01}

The owner or operator of each small, remote HMIWI subject to Env-A 3505.01 emission limits, shall:

(a) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection or an alternative time frame established by the department pursuant to Env-A 3510.03(b);

(b) Submit an annual report containing information pursuant to (a)(1), above, no later than 60 days following the year in which data were collected; and

(c) Submit subsequent semi-annual reports signed by a responsible official in accordance with the permitting requirements under Title V of the Act.

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

N.H. Code Admin. R. Ann. Env-A 3513.02 Recordkeeping and Reporting for Small, Medium, and Large HMIWI Units {#sec-env-a-3513.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3513.02}

(a) The owner or operator of a small, medium, or large HMIWI unit shall maintain the following information, for a minimum of 5 years:

(1) Calendar date of each record;

(2) Records of the following data, as applicable:

a. Concentrations of any pollutant listed in Env-A 3505.02(a) or measurements of opacity as determined by the continuous emission monitoring system;

b. HMIWI charge dates, times, and weights and hourly charge rates;

c. Fabric filter inlet temperatures during each minute of operation;

d. Amount and type of dioxin/furan sorbent used during each hour of operation;

e. Amount and type of mercury sorbent used during each hour of operation;

f. Amount and type of hydrogen chloride sorbent used during each hour of operation;

g. Secondary chamber temperatures recorded during each minute of operation;

h. Liquor flow rate to the wet scrubber inlet during each minute of operation;

i. Horsepower or amperage to the wet scrubber during each minute of operation;

j. Pressure drop across the wet scrubber system during each minute of operation;

k. Temperature at the outlet from the wet scrubber during each minute of operation;

l. pH at the inlet to the wet scrubber during each minute of operation;

m. Records indicating use of the bypass stack, including dates, times and durations, and

n. For HMIWI units using an alternative air pollution control device in accordance with Env-A 3511.05(i) and Env-A 3512.02(a)(3), all operating parameter data collected;

(3) Identification of calendar days for which data on emission rates or operating parameters specified pursuant to (2), above, have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for failure to obtain the data, and a description of corrective actions taken;

(4) Identification of calendar days, times and durations of malfunctions, a description of the malfunction and the corrective action taken;

(5) Identification of calendar days for which data on emission rates or operating parameters pursuant to (2), above, exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective action taken;

(6) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable;

(7) Records showing the names of HMIWI operators who have completed review of the operator qualifications and requirements pursuant to Env-A 3506.01 including the date of the initial review and all subsequent annual reviews;

(8) Records showing the names of the HMIWI operators who have completed the operator training requirements pursuant to Env-A 3506.01, including documentation of training and the dates of the training;

(9) Records showing the names of the HMIWI operators who have met the criteria for qualification pursuant to Env-A 3506.02 and the dates of their qualification; and

(10) Records of calibration of any monitoring devices pursuant to Env-A 3512.02(a)(1), (2) and (3).

(b) All records specified pursuant to (a), above, shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the department, pursuant to the procedures set forth in Env-A 205.

(c) The owner or operator of a HMIWI unit shall submit the following information to the department no later than 60 days following the initial performance test with all reports signed by a responsible official:

(1) The initial performance test data recorded pursuant to Env-A 3511.01(a) or 3511.02(a), as applicable;

(2) The values for the site-specific operating parameters established pursuant to Env-A 3511.05(c) or (i), as applicable; and

(3) The waste management plan developed in accordance with Env-A 3509.01.

(d) In accordance with the permitting requirements under Title V of the Act, the owner or operator of a small, medium or large HMIWI unit shall submit a semi-annual report signed by a responsible official that includes the following information:

(1) The values for the site-specific operating parameters established pursuant to Env-A 3511.05(c) or (i), as applicable;

(2) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to Env-A 3511.05(c) or (i);

(3) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable for each operating parameter recorded pursuant to Env-A 3511.05(c) or (i) for the calendar year preceding the year being reported in order to provide the department with a summary of the performance of the affected HMIWI unit over a 2-year period;

(4) Any information recorded pursuant to (a)(3) through (a)(5), above, for the calendar year being reported;

(5) Any information recorded pursuant to (a)(3) through (a)(5), above, for the calendar year preceding the year being reported, in order to provide the department with a summary of the performance of the affected HMIWI unit over a 2-year period;

(6) The results of any performance tests, if any such tests were conducted during the reporting period;

(7) A statement that no exceedances occurred during the reporting period, if no exceedances or malfunctions were reported pursuant to (a)(3) through (a)(5), above, for the calendar year being reported; and

(8) Any use of the bypass stack, the duration, reason for malfunction, and corrective action taken.

(e) The owner or operator of a small, medium, or large HMIWI unit shall submit semi-annual reports containing information recorded pursuant to (a)(3) through (a)(5), above, and signed by a responsible official, according to the following schedule:

(1) The initial report shall be submitted no later then 60 days following the initial reporting period;

(2) The first semiannual report shall be submitted within 6 months of submission of the information specified in (b) above; and

(3) Subsequent reports shall be submitted no later than 6 calendar months following the previous report.

History

#6938, eff 1-30-99; amd by #7127, eff 10-30-99; ss by #8788, eff 1-5-07

Part Env-A 3514 Title V Operating Permits

N.H. Code Admin. R. Ann. Env-A 3514.01 Title V Operating Permits {#sec-env-a-3514.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3514.01}

Any facility that contains a HMIWI unit subject to the provisions of this chapter shall be subject to the permitting requirements of Env-A 609.

Appendix

Rules

Specific State or Federal Statutes Implemented

Env-A 3500 as a whole (see also specific parts listed below)

N.H. RSA 125-C:4

N.H. RSA 125-C:6

N.H. RSA 125-C:11

42 U.S.C. §7411(d) [CAA §111(d)]

42 U.S.C. §7429 [CAA §129]

Rules

Specific Federal Regulation Implemented

Env-A 3502

40 CFR 60.32e, Subpart Ce

Env-A 3503

40 CFR 60.31e, Subpart Ce

Env-A 3505

40 CFR 60.33e, Subpart Ce, Table 1 and Table 2

Env-A 3506

40 CFR 60.34e, Subpart Ce

Env-A 3509

40 CFR 60.35e, Subpart Ce

Env-A 3510

40 CFR 60.36e, Subpart Ce

Env-A 3511 and Env-A 3512

40 CFR 60.37e, Subpart Ce

Env-A 3513

40 CFR 60.38e, Subpart Ce

Env-A 3514

40 CFR 60.32e(i), Subpart Ce

History

#6938, eff 1-30-99; ss by #8788, eff 1-5-07

Chapter Env-A 3800 Voluntary Greenhouse Gas Emissions Reductions Registry

Part Env-A 3801 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 3801.01 Purpose {#sec-env-a-3801.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3801.01}

The purpose of this chapter is to implement RSA 125-L, as amended relative to participating in a multi-state climate registry, while retaining recognition of efforts to reduce greenhouse gas emissions undertaken voluntarily by New Hampshire sources that already have been recorded in the state’s registry for early reductions of greenhouse gas emissions.

History

#7456, eff 2-24-01; ss by #9393, INTERIM, eff 2-24-09, EXPIRES: 8-24-09; ss by #9470, eff 5-16-09

N.H. Code Admin. R. Ann. Env-A 3801.02 Applicability {#sec-env-a-3801.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3801.02}

(a) This chapter shall apply to the voluntary registration of greenhouse gas emissions reductions by any person, as defined in Env-A 101.140, located in New Hampshire which reduces greenhouse gas emissions in the state or out of state.

(b) These rules shall not be construed to require any person, as defined in Env-A 101.140, to register greenhouse gas emissions reductions.

History

#9470, eff 5-16-09 (from 3802.01)

Part Env-A 3802 Definitions

N.H. Code Admin. R. Ann. Env-A 3802.01 Greenhouse gas (GHG) {#sec-env-a-3802.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3802.01}

“Greenhouse gas (GHG)” means “greenhouse gas” as defined in RSA 125-L:1, IV.

History

#7456, eff 2-24-01; ss by #9393, INTERIM, eff 2-24-09, EXPIRES: 8-24-09; ss by #9470, eff 5-16-09 (from Env-A 3803.01)

N.H. Code Admin. R. Ann. Env-A 3802.02 Source {#sec-env-a-3802.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3802.02}

“Source” means “source” as defined in RSA 125-L:1, V, namely “any entity, building, structure, facility, installation, article, or thing which, in the opinion of the commissioner, emits or may emit a greenhouse gas.”

History

#9470, eff 5-16-09 (from Env-A 3803.04)

N.H. Code Admin. R. Ann. Env-A 3802.03 The Climate Registry {#sec-env-a-3802.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3802.03}

“The Climate Registry” means the nonprofit organization created to establish consistent, transparent standards throughout North America for businesses and governments to calculate, verify and publicly report their carbon footprints in a single, unified registry.

History

#9470, eff 5-16-09

N.H. Code Admin. R. Ann. Env-A 3802.04 Voluntary Emission Reduction (VER) {#sec-env-a-3802.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3802.04}

“Voluntary Emission Reduction (VER)” means a voluntary emission reduction of one or more greenhouse gases generated over a discrete period of time, and measured in weight.

History

#9470, eff 5-16-09 (from Env-A 3803.05)

Part Env-A 3803 Ghg Voluntary Emissions Reductions Registration

N.H. Code Admin. R. Ann. Env-A 3803.01 Prior Registrations {#sec-env-a-3803.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3803.01}

The department shall retain records of all voluntary emissions reductions (VER) registered with the department under this chapter as in effect prior to the chapter’s 2009 effective date.

History

#7456, eff 2-24-01; ss by #9393, INTERIM, eff 2-24-09, EXPIRES: 8-24-09; ss by#9470, eff 5-16-09

N.H. Code Admin. R. Ann. Env-A 3803.02 Registration {#sec-env-a-3803.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3803.02}

The owner or operator of a source who wishes to register VER shall contact The Climate Registry, whether by mail at 523 W. 6th Street, Suite 445, Los Angeles, CA 90014, by telephone at 866-523-0764, or by fax at 213-627-7727, to obtain information relative to registering VER with The Climate Registry, including but not limited to requirements for measuring, verifying, documenting, and transferring VER.

History

#7456, eff 2-24-01; ss by #9393, INTERIM, eff 2-24-09, EXPIRES: 8-24-09; ss by #9470, eff 5-16-09 (from Env-A 3804.02)

Part Env-A 3804 Ghg Ver Conversion to Tradable Credits

N.H. Code Admin. R. Ann. Env-A 3804.01 Use Limitation {#sec-env-a-3804.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 3804.01}

GHG VERs registered in accordance with this chapter shall not be converted to tradable credits or used under any circumstances unless and until this chapter is amended to establish a trading program.

RULE

STATE OR FEDERAL STATUTE

Env-A 3800

RSA 125-L

History

#7456, eff 2-24-01; ss by #9393, INTERIM, eff 2-24-09, EXPIRES: 8-24-09; ss by #9470, eff 5-16-09

Chapter Env-A 4000 Portable Fuel Container Spillage Control

Part Env-A 4001 Purpose, Applicability, Exemptions, and References

N.H. Code Admin. R. Ann. Env-A 4001.01 Purpose {#sec-env-a-4001.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4001.01}

The purpose of this chapter is to limit emissions of volatile organic compounds (VOC) by requiring new portable fuel containers to meet performance standards as required by NH Laws of 2004, 175:1, I.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4001.02 Applicability {#sec-env-a-4001.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4001.02}

Except as provided in Env-A 4001.03, this chapter shall apply to any person who sells, supplies, offers for sale, advertises, or manufactures for sale in New Hampshire any portable fuel container or spout, or both, for use in New Hampshire.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4001.03 Exemptions {#sec-env-a-4001.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4001.03}

(a) This chapter shall not apply to any portable fuel container or spout, or both, manufactured in New Hampshire for shipment, sale, and use outside of New Hampshire.

(b) This chapter shall not apply to safety cans meeting the requirements of 29 CFR 1926, Subpart F.

(d) This chapter shall not apply to rapid refueling devices with nominal capacities of 4 gallons or more, provided such devices:

(1) Are designed for use in officially sanctioned off-highway motorcycle or off-highway automobile competitions; or

(2) Create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank.

(e) This chapter shall not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4001.04 References {#sec-env-a-4001.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4001.04}

For the purpose of this chapter, unless otherwise specified, the July 1, 2004 edition of title 29 of the Code of Federal Regulations (CFR) shall control all references to 29 CFR 1926.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

Part Env-A 4002 Definitions

N.H. Code Admin. R. Ann. Env-A 4002.01 Automatic closure {#sec-env-a-4002.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.01}

“Automatic closure” means a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.02 Automatically close {#sec-env-a-4002.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.02}

“Automatically close” means closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.03 Consumer {#sec-env-a-4002.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.03}

“Consumer” means any person who purchases or otherwise acquires a new portable fuel container or spout, or both, for personal, family, household, or institutional use. Persons acquiring a portable fuel container or spout, or both, for resale are not “consumers” for that product.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.04 Distributor {#sec-env-a-4002.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.04}

“Distributor” means any person to whom a portable fuel container or spout, or both, is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers, and consumers.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.05 Fuel {#sec-env-a-4002.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.05}

“Fuel” means any liquid hydrocarbon mixture used to power any spark-ignition internal combustion engine.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.06 Kerosene {#sec-env-a-4002.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.06}

“Kerosene” means any light petroleum distillate that is commonly or commercially known, sold, or represented as kerosene, that is used in space heating, cook stoves, or water heaters, and is suitable for use as a light source when burned in wick-fed lamps.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.07 Manufacturer {#sec-env-a-4002.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.07}

“Manufacturer” means any person who imports, manufactures, assembles, produces, packages, repackages, or re-labels a portable fuel container or spout, or both.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.08 Nominal capacity {#sec-env-a-4002.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.08}

“Nominal capacity” means the volume indicated by the manufacturer that represents the maximum recommended filling level.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.09 Outboard engine {#sec-env-a-4002.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.09}

“Outboard engine” means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.10 Permeation {#sec-env-a-4002.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.10}

“Permeation” means the process by which individual fuel molecules can penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.11 Portable fuel container {#sec-env-a-4002.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.11}

“Portable fuel container” means any vessel with a nominal capacity of 10 gallons or less intended for reuse that is designed, supplied, sold, advertised, offered for sale or used for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled as described in 49 CFR §172.407(a), as it existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.12 Product category {#sec-env-a-4002.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.12}

“Product category” means the applicable category that best describes the product with respect to its nominal capacity, material construction, fuel flow rate, and permeation rate, as applicable, as determined by the department.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.13 Retailer {#sec-env-a-4002.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.13}

“Retailer” means any person who owns, leases, operates, controls, or supervises a retail outlet.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.14 Retail outlet {#sec-env-a-4002.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.14}

“Retail outlet” means any establishment at which a portable fuel container or spout, or both, is sold, supplied, or offered for sale.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.15 Spill-proof spout {#sec-env-a-4002.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.15}

“Spill-proof spout” means any spout that complies with all of the performance standards specified in Env-A 4003.02, and with all of the labeling requirements specified in Env-A 4004.01.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.16 Spill-proof system {#sec-env-a-4002.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.16}

“Spill-proof system” means any configuration of portable fuel container and spout that complies with all of the performance standards specified in Env-A 4003.01, and all of the labeling requirements specified in Env-A 4004.01.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.17 Spout {#sec-env-a-4002.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.17}

“Spout” means any device that is designed to be attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.18 Supply {#sec-env-a-4002.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.18}

“Supply” means to sell or otherwise provide a portable fuel container to another entity. The term does not include an internal transaction within a governmental entity.

History

#9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4002.19 Target fuel tank {#sec-env-a-4002.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4002.19}

“Target fuel tank” means any receptacle that receives fuel from a portable fuel container.

History

#9064, eff 1-9-08

Part Env-A 4003 Performance Standards for Portable Fuel Containers and Spill-Proof Spouts

N.H. Code Admin. R. Ann. Env-A 4003.01 Performance Standards for Portable Fuel Containers and Spill-Proof Systems {#sec-env-a-4003.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4003.01}

(a) Except as provided in Env-A 4001.03:

(1) No person shall sell, supply, offer for sale, advertise, or manufacture for sale in New Hampshire any portable fuel container or portable fuel container and spout which, at the time of sale or manufacture, does not meet all of the performance standards for spill-proof systems specified in (b) through (f), below.

(2) No person shall sell, supply, offer for sale, advertise, or manufacture for sale in New Hampshire, nor introduce, deliver or import into New Hampshire for use, any portable fuel container or portable fuel container and spout that is subject to any of the standards of this chapter, unless said portable fuel container or portable fuel container and spout is:

a. Certified for sale and use by the manufacturer through the California Air Resources Board (CARB), according to the procedure specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB on July 26, 2006; and

b. Covered by a CARB Executive Order.

(b) The portable fuel container or portable fuel container and spout shall have an automatic shut-off that stops the fuel flow before the target fuel tank overflows.

(c) The portable fuel container or portable fuel container and spout shall automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel.

(d) The portable fuel container or portable fuel container and spout shall have only one opening for both filling and pouring.

(e) The portable fuel container or portable fuel container and spout shall not exceed a permeation rate of 0.4 grams per gallon per day.

(f) The portable fuel container or portable fuel container and spout shall be warranted by the manufacturer for a period of not less than one year against defects in materials and workmanship.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4003.02 Performance Standards for Spill-Proof Spouts {#sec-env-a-4003.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4003.02}

(a) Except as provided in Env-A 4001.03, no person shall sell, supply, offer for sale, advertise, or manufacture for sale in New Hampshire any spout which, at the time of sale or manufacture, does not meet all of the performance standards for spill-proof spouts as specified in (b) through (d), below.

(b) The spill-proof spout shall have an automatic shut-off that stops the fuel flow before the target fuel tank overflows.

(c) The spill-proof spout shall automatically close and seal when removed from the target fuel tank and remain completely closed when not dispensing fuel.

(d) The spill-proof spout shall be warranted by the manufacturer for a period of not less than one year against defects in materials and workmanship.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4003.03 Determining Compliance with Performance Standards {#sec-env-a-4003.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4003.03}

(a) Prior to allowing the portable fuel container or spout, or both, to be offered for sale in New Hampshire, the manufacturer shall:

(1) Test the portable fuel container or spout, or both, using the procedures specified in Env-A 4005.01; and

(2) Demonstrate compliance with the applicable performance standards specified in Env-A 4003.

(b) The manufacturer shall maintain records of the compliance tests specified in (a), above, for as long as the product is available for sale in New Hampshire, and shall make those test results available to the department within 60 days of request.

(c) Compliance with the performance standards in Env-A 4003 shall not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and state statutes and regulations such as state fire codes, safety codes, and other safety regulations.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

Part Env-A 4004 Labeling and Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 4004.01 Labeling Requirements {#sec-env-a-4004.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4004.01}

(a) Each manufacturer of a portable fuel container or spout, or both, subject to and complying with Env-A 4003.01(a) shall clearly display on each spill-proof system:

(1) The phrase “Spill-Proof System”;

(2) A date of manufacture or representative date; and

(3) A representative code identifying the portable fuel container or spout, or both, as subject to and complying with Env-A 4003.01.

(b) Each manufacturer of a spout subject to and complying with Env-A 4003.02 shall clearly display on the accompanying package, or, for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto:

(1) The phrase “Spill-Proof Spout”;

(2) The date of manufacture or representative date; and

(3) A representative code identifying the spout as subject to and complying with Env-A 4003.02.

(c) Each manufacturer subject to (a) or (b), above, shall clearly display a fuel flow rate on each spill-proof system or spill-proof spout, or label affixed thereto, and on any accompanying package.

(d) Each manufacturer of a spout subject to (b), above, shall clearly display on the accompanying package, or, for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto, the make, model number, and size of only those portable fuel container(s) that the spout is designed to accommodate and for which compliance with Env-A 4003.01 can be demonstrated.

(e) Each manufacturer of a portable fuel container or spout, or both, subject to and complying with Env-A 4003.01 that due to its design or other features cannot be used to refuel one or more on-road motor vehicles must clearly display the phrase “Not Intended For Refueling On-Road Motor Vehicles” in type of 34 point or greater on each of the following:

(1) For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and

(2) For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed thereto, and on the accompanying package, if any.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4004.02 Prohibited Labels {#sec-env-a-4004.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4004.02}

Any manufacturer of a portable fuel container or portable fuel container and spout not subject to or not in compliance with Env-A 4003 shall not display the phrase “Spill-Proof System” or “Spill-Proof Spout” on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on any accompanying package.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

N.H. Code Admin. R. Ann. Env-A 4004.03 Portable Fuel Container Spillage Control {#sec-env-a-4004.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4004.03}

Reporting Requirements.

(a) Each manufacturer subject to Env-A 4004.01 shall file with the department a written explanation of both the manufacture or representative date and representative code.

(b) Each manufacturer shall file the explanation specified in (a), above, no later than:

(1) The later of 3 months after the effective date of this chapter or within 3 months of production; and

(2) Within 3 months after any change in coding.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

Part Env-A 4005 Performance Standard Test Procedures

N.H. Code Admin. R. Ann. Env-A 4005.01 Performance Standard Test Procedures {#sec-env-a-4005.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4005.01}

(a) Each manufacturer shall test to determine compliance with Env-A 4003.02 using the following test procedures:

(1) “Test Method 510, Automatic Shut-Off Test Procedure for Spill-Proof Systems and Spill-Proof Spouts,” adopted by CARB on July 6, 2000, as amended on July 26, 2006; and

(2) “Test Method 511, Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts,” adopted by CARB on July 6, 2000.

(b) In addition to the test procedures specified in (a), above, each manufacturer shall test to determine compliance with Env-A 4003.01 using the following test procedures:

(1) TP-502, “Test Procedure for Determining Diurnal Emissions from Portable Fuel Containers,” adopted by CARB on July 26, 2006; and

(2) “Test Method 513, Determination of Permeation Rate for Spill-Proof Systems,” adopted by CARB on July 6, 2000.

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

Part Env-A 4006 Innovative Products and Alternate Test Procedures

N.H. Code Admin. R. Ann. Env-A 4006.01 Innovative Products {#sec-env-a-4006.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4006.01}

(a) Any manufacturer of a portable fuel container or spout, or both, that has been granted an innovative products exemption by CARB or the air pollution agency of another state and the state exemption has been approved by EPA shall be exempt from the performance standards in Env-A 4003 for the period of time that the innovative products exemption remains in effect provided that the VOC emissions from the portable fuel container or spout, or both, in the innovative products exemption will result in cumulative VOC emissions below the highest emitting spill-proof system or spill-proof spout in its product category.

(b) Any manufacturer of a portable fuel container or spout, or both, that has received approval from CARB or the air pollution agency of another state to use alternate test procedures and the state approval has been approved by EPA shall be exempt from the requirements in Env-A 4005.01 provided that the alternate methods accurately determine the VOC concentration in the product or its emissions.

(c) Any manufacturer claiming to have an exemption as specified in (a), above, or an alternate test method as specified in (b), above, shall submit to the department a copy of the exemption decision or alternate test method decision, including all conditions applicable to the exemption decision or alternate test method decision established by CARB or the air pollution agency of another state.

APPENDIX

Rule

Specific State and Federal Statutes the Rule Implements

Env-A 4000

RSA 125-C:4, I(a) & (n); RSA 125-C:6, II & XVII; RSA 485:16-c; 2004, 175:1

History

#8358, eff 5-26-05; ss by #9064, eff 1-9-08

Chapter Env-A 4100 Consumer Products

Part Env-A 4101 Purpose, Scope, References, and Exemptions

N.H. Code Admin. R. Ann. Env-A 4101.01 Purpose {#sec-env-a-4101.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4101.01}

The purpose of this chapter is to implement RSA 125-C:6, XVII and RSA 485:16-c relative to limiting emissions of volatile organic compounds (VOCs) by requiring reductions in the VOC content of consumer products.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4101.02 Applicability {#sec-env-a-4101.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4101.02}

Except as provided in Env-A 4101.04, this chapter shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products on or after the applicable effective date specified in Table 4105-1 for use in New Hampshire.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4101.03 References {#sec-env-a-4101.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4101.03}

For the purpose of this chapter, unless otherwise specified all references to 40 CFR 59 and 40 CFR 51 shall be to the July 1, 2013 edition.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4101.04 Exemptions {#sec-env-a-4101.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4101.04}

(a) This chapter shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in New Hampshire a consumer product that does not comply with the VOC standards specified in Env-A 4105.01(a), as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of New Hampshire, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to New Hampshire. This exemption shall not apply to any person who sells, supplies, or offers for sale consumer products to retail outlets in New Hampshire.

(b) The medium volatility organic compound (MVOC) content standards specified in Env-A 4105.01(a), for antiperspirants or deodorants, shall not apply to ethanol.

(1) Fragrances up to a combined level of 2 percent (%) by weight contained in any consumer product;

(2) Colorants up to a combined level of 2% by weight contained in any antiperspirant or deodorant;

(3) For antiperspirants or deodorants, those VOCs that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 millimeters of mercury (mm Hg) or less at 20 degrees Celsius (°C);

(4) Low vapor pressure VOCs (LVP-VOC);

(5) Air fresheners that are comprised entirely of one or more of the following:

a. Fragrance;

b. Any compound excluded from the definition of “VOC”; or

c. Any LVP-VOC;

(6) Insecticides containing at least 98% para-dichlorobenzene;

(7) Any of the following adhesives:

a. Adhesives sold in containers of one fluid (fl) ounce (oz) or less;

b. A contact adhesive that is a non-aerosol product sold in units of product, less packaging, of more than one gallon; and

c. A construction, panel, and floor covering adhesive or general purpose adhesive that is a non-aerosol product sold in units of product, less packaging, of more than one pound and more than 16 fl oz;

(8) Bait station insecticides, if the bait is not more than 0.5 oz by weight; and

(9) Sealant and caulking compounds sold in units of product, less packaging, of more than one pound and more than 16 fl oz.

(d) The requirements of Env-A 4106.01 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§136 through 136y.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

Part Env-A 4102 Definitions: a Through E

N.H. Code Admin. R. Ann. Env-A 4102.01 Adhesive {#sec-env-a-4102.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.01}

“Adhesive” means any product that is used to bond one surface to another by attachment. The term does not include products labeled for use on humans or animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.02 Adhesive remover {#sec-env-a-4102.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.02}

“Adhesive remover” means a product designed exclusively for the removal of adhesives, caulks, sealants, glues, and other bonding materials from either a specific substrate or a variety of substrates. The term includes floor and wall covering adhesive remover, gasket or thread locking adhesive remover, and general purpose adhesive remover. The term does not include products that remove adhesives labeled for use exclusively on humans or animals.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.03 Aerosol adhesive {#sec-env-a-4102.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.03}

“Aerosol adhesive” means an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for hand-held application without the need for ancillary hoses or spray equipment. The term includes special purpose spray adhesives and web spray adhesives.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.04 Aerosol cooking spray {#sec-env-a-4102.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.04}

“Aerosol cooking spray” means “aerosol cooking spray” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.05 Aerosol product {#sec-env-a-4102.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.05}

“Aerosol product” means “aerosol product” as defined in 40 CFR §59.202, as reprinted in Appendix D. The term does not include pump sprays.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.06 Agricultural use {#sec-env-a-4102.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.06}

“Agricultural use” means “agricultural use” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.07 Air freshener {#sec-env-a-4102.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.07}

“Air freshener” means any product, including but not limited to sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. The term includes dual purpose air freshener/disinfectant products but does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label, odor remover/eliminator products, or toilet/urinal care products.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.08 All other carbon-containing compounds {#sec-env-a-4102.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.08}

“All other carbon-containing compounds” means all compounds that contain at least one carbon atom and are not a Table B compound or a LVP-VOC.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.09 All other forms {#sec-env-a-4102.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.09}

“All other forms” means “all other forms” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.10 Antimicrobial hand or body cleaner or soap {#sec-env-a-4102.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.10}

“Antimicrobial hand or body cleaner or soap” means a cleansing agent that is designed to reduce the level of microorganisms on the skin through germicidal activity in any form, including but not limited to antimicrobial hand or body washes/cleaners, food handler hand washes, healthcare personnel hand washes, pre-operative skin preparations, and surgical scrubs. The term does not include any antiperspirant, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent, heavy-duty hand cleaner or soap, medicated astringent/medicated toner, prescription drug product, or rubbing alcohol, regardless of any antimicrobial claims made for the product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.11 Antiperspirant {#sec-env-a-4102.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.11}

“Antiperspirant” means any product in any form, including but not limited to aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is designed to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.12 Anti-static product {#sec-env-a-4102.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.12}

“Anti-static product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. The term does not include any electronic cleaner, floor polish or wax, or floor coating, or any product that is an aerosol coating product or architectural coating.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.13 Architectural coating {#sec-env-a-4102.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.13}

“Architectural coating” means any coating applied to any stationary structure including, but not limited to, mobile homes, pavements, curbs, and appurtenances.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.14 Aromatic compound {#sec-env-a-4102.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.14}

“Aromatic compound” means a carbon-containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280 °C. The term does not include any compound excluded from the definition of VOC in this chapter.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.15 Artist’s solvent/thinner {#sec-env-a-4102.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.15}

“Artist’s solvent/thinner” means any liquid product that:

(a) Has a label that meets the requirements of ASTM D4236 - 94, “Standard Practice for Labeling Art Materials for Chronic Health Hazards”;

(b) Is packaged in a container equal to or less than 34 fl oz; and

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.16 Astringent/toner {#sec-env-a-4102.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.16}

“Astringent/toner” means any product not regulated as a drug by the U.S. Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores, including but not limited to clarifiers and substrate-impregnated products. The term does not include any cold cream, lotion, antiperspirant, medicated astringent/toner, or hand, face, or body cleaner or soap product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.17 Automotive brake cleaner {#sec-env-a-4102.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.17}

“Automotive brake cleaner” means a cleaning product manufactured prior to January 1, 2017, that is designed to remove oil, grease, brake fluid, brake pad material, or dirt, or any combination thereof, from motor vehicle brake mechanisms.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.18 Automotive engine compartment adhesive {#sec-env-a-4102.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.18}

“Automotive engine compartment adhesive” means an aerosol adhesive designed for use in motor vehicle under-the-hood applications that require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200 to 275 degrees Fahrenheit (°F).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.19 Automotive hard paste wax {#sec-env-a-4102.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.19}

“Automotive hard paste wax” means an automotive polish that is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains 0% water by formulation.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.20 Automotive headliner adhesive {#sec-env-a-4102.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.20}

“Automotive headliner adhesive” means an aerosol adhesive designed to bond together layers of motor vehicle interior roof covering materials.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.21 Automotive instant detailer {#sec-env-a-4102.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.21}

“Automotive instant detailer” means a pump spray product that is applied to the painted surface of automobiles and wiped off before the product can dry.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.22 Automotive rubbing or polishing compound {#sec-env-a-4102.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.22}

“Automotive rubbing or polishing compound” means a product designed primarily to remove oxidation, old paint, scratches, swirl marks, or other defects from the painted surfaces of motor vehicles without leaving a protective barrier.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.23 Automotive wax, polish, sealant, or glaze {#sec-env-a-4102.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.23}

“Automotive wax, polish, sealant, or glaze” means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. The term includes, but is not limited to, products designed for use in autobody repair shops and drive-through car washes, and products designed for the general public. The term does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, or products designed for use on unpainted surfaces, such as bare metal, chrome, glass, or plastic.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.24 Automotive windshield cleaner {#sec-env-a-4102.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.24}

“Automotive windshield cleaner” means a pre-moistened towelette that is:

(a) Labeled as an automotive windshield cleaner and labeled “automotive use only”; and

(b) Designed to be used on automotive windshields, automotive mirrors, and automotive headlights.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.25 Automotive windshield washer fluid {#sec-env-a-4102.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.25}

“Automotive windshield washer fluid” means “automotive windshield washer fluid” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.26 Bait station insecticides {#sec-env-a-4102.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.26}

“Bait station insecticides” means containers enclosing a material that is composed of solid feeding stimulants with less than 5% active ingredients, which is designed to be ingested by insects and then cause their death.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.27 Bathroom and tile cleaner {#sec-env-a-4102.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.27}

“Bathroom and tile cleaner” means “bathroom and tile cleaner” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.28 Brake cleaner {#sec-env-a-4102.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.28}

“Brake cleaner” means a cleaning product manufactured on or after January 1, 2017, that is designed to remove oil, grease, brake fluid, brake pad material, or dirt, or any combination thereof, from motor vehicle brake mechanisms.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.29 Bug and tar remover {#sec-env-a-4102.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.29}

“Bug and tar remover” means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:

(a) Biological-type residues, such as insect carcasses and tree sap; or

(b) Road grime, such as road tar, roadway paint markings, and asphalt.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.30 Carburetor or fuel-injection air intake cleaners {#sec-env-a-4102.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.30}

“Carburetor or fuel-injection air intake cleaners” means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. The term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors, or products designed or labeled exclusively to be introduced during engine operation directly into air vacuum lines by using a pressurized sprayer wand.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.31 Carpet and upholstery cleaner {#sec-env-a-4102.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.31}

“Carpet and upholstery cleaner” means a cleaning product, including a product that makes fiber-protectant claims, designed for the purpose of eliminating dirt and stains on rugs, carpeting, the interior of motor vehicles, or household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics. The term does not include dry cleaning fluids, general purpose cleaners, products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing, spot removers, or vinyl or leather cleaners.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.32 Charcoal lighter material {#sec-env-a-4102.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.32}

“Charcoal lighter material” means “charcoal lighter material” as defined in 40 CFR §59.202, as reprinted in Appendix D..

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.33 Chemical compound {#sec-env-a-4102.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.33}

“Chemical compound” means a molecule of definite chemical formula and isomeric structure.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.34 Chemical mixture {#sec-env-a-4102.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.34}

“Chemical mixture” means a substrate comprised of 2 or more chemical compounds.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.35 Clear, paintable, and water resistant caulking compounds {#sec-env-a-4102.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.35}

“Clear, paintable, and water resistant caulking compounds” means a compound that:

(a) Contains no appreciable level of opaque fillers or pigments;

(b) Is immediately resistant to precipitation upon application;

(d) Transmits most or all visible light through the caulk when cured.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.36 Colorant {#sec-env-a-4102.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.36}

“Colorant” means any pigment or coloring material used in a consumer product for an aesthetic effect or to dramatize an ingredient.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.37 Construction, panel, and floor covering adhesive {#sec-env-a-4102.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.37}

“Construction, panel, and floor covering adhesive” means any non-aerosol one-component adhesive that:

(a) Is designed exclusively for the installation, remodeling, maintenance, or repair of:

(1) Structural and building components, including but not limited to beams, trusses, studs, paneling such as drywall or drywall laminates, fiberglass reinforced plastic, plywood, particle board, insulation board, pre-decorated hardboard or tileboard, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or

(2) Floor or wall coverings, including but not limited to wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles, other types of tiles, or artificial grass; and

(b) Is not a floor seam sealer.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.38 Consumer {#sec-env-a-4102.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.38}

“Consumer” means “consumer” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.39 Consumer product {#sec-env-a-4102.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.39}

“Consumer product” means a chemically formulated product used by household and institutional consumers, including but not limited to detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, disinfectants, sanitizers, aerosol paints, automotive specialty products, and home, lawn, and garden products. The term does not include other paint products, furniture coatings, or architectural coatings.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.40 Contact adhesive {#sec-env-a-4102.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.40}

“Contact adhesive” means a non-aerosol adhesive, other than rubber cements that are primarily intended for use on paper substrates, that:

(a) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces;

(b) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other;

(d) Is designed for application to both surfaces to be bonded together.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.41 Contact adhesive - general purpose {#sec-env-a-4102.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.41}

“Contact adhesive - general purpose” means any contact adhesive that is not a “contact adhesive - special purpose”.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.42 Contact adhesive - special purpose {#sec-env-a-4102.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.42}

“Contact adhesive - special purpose” means a contact adhesive that:

(a) Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate, or wood veneer 1/16-inch or less in thickness to any porous or nonporous surface and is sold in units of product, less packaging, that contain more than 8 fl oz; or

(b) Is used in automotive applications that are:

(1) Automotive under-the-hood applications requiring heat, oil, or gasoline resistance; or

(2) Body-side molding, automotive weather-stripping, or decorative trim.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.43 Container or packaging {#sec-env-a-4102.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.43}

“Container or packaging” means “container or packaging” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.44 Crawling bug insecticide {#sec-env-a-4102.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.44}

“Crawling bug insecticide” means “crawling bug insecticide” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.45 Date code {#sec-env-a-4102.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.45}

“Date code” means the day, month, and year on which the consumer product was manufactured, filled, or packaged, or a code indicating that date.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.46 Deodorant {#sec-env-a-4102.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.46}

“Deodorant” means any product in any form, including but not limited to aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration, and that, for products manufactured on or after January 1, 2009, indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product can be used on or applied to the human axilla to provide a scent or minimize odor. The term includes any deodorant body spray that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.47 Deodorant body spray {#sec-env-a-4102.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.47}

“Deodorant body spray” means:

(a) For products manufactured before January 1, 2009, a personal fragrance product with 20 percent or less fragrance; and

(b) For products manufactured on or after January 1, 2009, a personal fragrance product with 20 percent or less fragrance that is designed for application all over the human body to provide a scent.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.48 Device {#sec-env-a-4102.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.48}

“Device” means any instrument or contrivance, other than a firearm, that is designed for trapping, destroying, repelling, or mitigating any pest, whether in the form of plant or animal life, excluding humans and excluding any bacteria, virus, or other microorganism on or living in humans or other animals. The term excludes equipment used for the application of pesticides when sold separately from the pesticides.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.49 Dilutable windshield washer fluid {#sec-env-a-4102.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.49}

“Dilutable windshield washer fluid” means any automotive windshield washer fluid sold in a container with a capacity of either 55 gallons or more or one quart or less, that is designed to be mixed with water or other non-VOC solvent prior to being used.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.50 Disinfectant {#sec-env-a-4102.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.50}

“Disinfectant” means any product that is labeled by its manufacturer as a disinfectant, or is otherwise represented by its labeling for use to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under FIFRA. The term includes products that are labeled as both a sanitizer and a disinfectant, but does not include:

(a) Products designed solely for use on humans or animals;

(b) Products designed for agricultural use;

(d) Products labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces;

(e) Products that are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments;

(f) Products labeled to be applied to food-contact surfaces that are not required to be rinsed off prior to contact with food; or

(g) Products that are labeled as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet/urinal care products, metal polishes, carpet cleaners, or fabric cleaners, regardless of any disinfecting or antimicrobial claims on the label.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.51 Distributor {#sec-env-a-4102.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.51}

“Distributor” means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce. The term does not include manufacturers, retailers, and consumers.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.52 Double phase aerosol air freshener {#sec-env-a-4102.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.52}

“Double phase aerosol air freshener” means “double phase aerosol air freshener” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.53 Dry cleaning fluid {#sec-env-a-4102.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.53}

“Dry cleaning fluid” means any non-aqueous liquid product designed and labeled exclusively for use on fabrics that are labeled “for dry clean only”, such as clothing, drapery, or “S-coded” fabrics. The term includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or workplace, excluding spot removers and carpet and upholstery cleaners. The term does not include spot remover or carpet and upholstery cleaner.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.54 Dual purpose air freshener/disinfectant {#sec-env-a-4102.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.54}

“Dual purpose air freshener/disinfectant” means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.55 Dusting aid {#sec-env-a-4102.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.55}

“Dusting aid” means “dusting aid” as defined in 40 CFR §59.202, as reprinted in Appendix D. The term does not include pressurized gas dusters.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.56 Electrical cleaner {#sec-env-a-4102.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.56}

“Electrical cleaner” means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including but not limited to electric motors, armatures, relays, electric panels, or generators. The term does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product, or products designed to clean the casings or housings of electrical equipment.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.57 Electronic cleaner {#sec-env-a-4102.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.57}

“Electronic cleaner” means a product designed specifically for the removal of dirt, moisture, dust, flux, or oxides from the internal components of electronic or precision equipment such as circuit boards and from the internal components of electronic devices, including but not limited to radios, compact disc (CD) players, digital video disc (DVD) players, and computers. The term does not include general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products designed to clean the casings or housings of electronic equipment.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.58 Energized electrical cleaner {#sec-env-a-4102.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.58}

“Energized electrical cleaner” means a product that meets both of the following:

(a) The product is labeled to clean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component of the equipment such as a capacitor; and

(b) The product label clearly displays the statement “Energized Equipment Use Only - Not to be used for maintenance of motorized vehicles or their parts.”

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.59 Engine degreaser {#sec-env-a-4102.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.59}

“Engine degreaser” means “engine degreaser” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4102.60 Existing product {#sec-env-a-4102.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4102.60}

“Existing product” means any formulation of the same product category and form that is sold, supplied, manufactured, or offered for sale in New Hampshire prior to the 2014 effective date of this chapter, and any subsequently introduced identical formulation.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

Part Env-A 4103 Definitions: F Through M

N.H. Code Admin. R. Ann. Env-A 4103.01 Fabric protectant {#sec-env-a-4103.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.01}

“Fabric protectant” means:

(a) For products manufactured before January 1, 2015, a product designed to be applied to fabric substrates to protect the surface from soiling, from dirt and other impurities, or to reduce absorption of liquid into the fabric's fibers. The term does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics that are labeled “for dry clean only” and sold in containers of 10 fl oz or less; and

(b) For products manufactured on or after January 1, 2015, a product labeled to be applied to fabric substrates to protect the surface from soiling from dirt or other impurities or to reduce absorption of liquid into the fabric fibers. The term does not include waterproofers, products labeled for use solely on leather, pigmented products that are designed to be used primarily for coloring, products that renew or restore fabric and qualifying as either “clear coating” or “vinyl/fabric/leather/polycarbonate coating”, or products used for construction, reconstruction, modification, structural maintenance, or repair of fabric substrates.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.02 Fabric refresher {#sec-env-a-4103.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.02}

“Fabric refresher” means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing, or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. The term does not include “anti-static product”, “carpet and upholstery cleaner”, “footwear or leather care product”, “spot remover”, “disinfectant”, or products labeled for application to both fabric and human skin.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.03 Facial cleaner or soap {#sec-env-a-4103.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.03}

“Facial cleaner or soap” means a cleansing agent that is designed primarily to clean the face in any form, including but not limited to creams, gels, liquids, lotions, and substrate-impregnated material. The term does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/ toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.04 Fat wood {#sec-env-a-4103.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.04}

“Fat wood” means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. The term does not include any kindling with one or more substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.05 Finishing {#sec-env-a-4103.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.05}

“Finishing” means the maintaining or holding of previously styled hair for a period of time.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.06 Flea and tick insecticide {#sec-env-a-4103.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.06}

“Flea and tick insecticide” means “flea and tick insecticide” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.07 Flexible flooring material {#sec-env-a-4103.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.07}

“Flexible flooring material” means “flexible flooring material” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.08 Flexible vinyl {#sec-env-a-4103.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.08}

“Flexible vinyl” means a non-rigid polyvinyl chloride plastic with at least 5%, by weight, of plasticizer content, as determined using ASTM E260-96 or from product formulation data.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.09 Flexible vinyl adhesive {#sec-env-a-4103.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.09}

“Flexible vinyl adhesive” means an aerosol adhesive designed to bond flexible vinyl to substrates.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.10 Floor and wall covering adhesive remover {#sec-env-a-4103.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.10}

“Floor and wall covering adhesive remover” means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.11 Floor coating {#sec-env-a-4103.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.11}

“Floor coating” means an opaque coating that is labeled and designed for application to horizontal surfaces that will be subject to foot traffic, including but not limited to flooring, decks, porches, and steps.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.12 Floor polish or wax {#sec-env-a-4103.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.12}

“Floor polish or wax” means:

(a) For products manufactured before January 1, 2017, “floor polish or wax” as defined in 40 CFR §59.202, as reprinted in Appendix D; and

(b) For products manufactured on or after January 1, 2017, a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. The term includes wood floor wax, products for flexible flooring materials, and products for non-resilient flooring materials. The term does not include spray buff products, floor wax strippers, products designed or labeled for unfinished wood floors, or coatings subject to architectural coatings regulations.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.13 Floor seam sealer {#sec-env-a-4103.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.13}

“Floor seam sealer” means “floor seam sealer” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.14 Floor wax stripper {#sec-env-a-4103.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.14}

“Floor wax stripper” means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers or by dissolving or emulsifying the polish or wax. The term does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.15 Flying bug insecticide {#sec-env-a-4103.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.15}

“Flying bug insecticide” means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. The term does not include wasp and hornet insecticides, products that are designed to be used exclusively on humans or animals or their bedding, or any moth-proofing product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.16 Footwear {#sec-env-a-4103.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.16}

“Footwear” means leather and non-leather foot apparel.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.17 Footwear or leather care product {#sec-env-a-4103.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.17}

“Footwear or leather care product” means any product designed or labeled to be applied to footwear or to other leather items or components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather item or component. The term does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber/vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.18 Fragrance {#sec-env-a-4103.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.18}

“Fragrance” means a substance or mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm Hg at 20 °C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.19 Furniture maintenance product {#sec-env-a-4103.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.19}

“Furniture maintenance product” means a wax, polish, conditioner, or any other product designed or labeled for the purpose of polishing, protecting or enhancing finished wood surfaces, other than floors, and other furniture surfaces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal

surfaces, and fiberglass. The term does not include dusting aids, wood cleaners, products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers, or lacquers.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.20 Furniture coating {#sec-env-a-4103.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.20}

“Furniture coating” means any paint designed for application to room furnishings, including but not limited to tables, chairs, beds, sofas, and kitchen, bath or vanity cabinets.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.21 Gasket or thread locking adhesive remover {#sec-env-a-4103.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.21}

“Gasket or thread locking adhesive remover” means a product designed or labeled to remove gaskets or thread locking adhesives. The term includes products labeled for dual use as a paint stripper and gasket remover or thread locking adhesive remover.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.22 Gel {#sec-env-a-4103.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.22}

“Gel” means “gel” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.23 General purpose adhesive {#sec-env-a-4103.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.23}

“General purpose adhesive” means any non-aerosol adhesive designed for use on a variety of substrates, excluding the following:

(a) Contact adhesives;

(b) Construction, panel, and floor covering adhesives;

(c) Adhesives designed exclusively for application on one specific category of substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls; or

(d) Adhesives designed exclusively for use on one specific category of articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.24 General purpose adhesive remover {#sec-env-a-4103.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.24}

“General purpose adhesive remover” means a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. The term includes, but is not limited to, products that remove thermoplastic adhesives, pressure sensitive adhesives, dextrine or starch-based adhesives, casein glues, and rubber or latex-based adhesives, as well as products that remove stickers, decals, stencils, or similar materials. The term does not include floor or wall covering adhesive remover.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.25 General purpose cleaner {#sec-env-a-4103.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.25}

“General purpose cleaner” means a product designed or labeled to clean a variety of hard surfaces, including small appliances. The term includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.26 General purpose degreaser {#sec-env-a-4103.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.26}

“General purpose degreaser” means any product designed to remove or dissolve grease, grime, oil, and other oil-based contaminants from a variety of substrates, including but not limited to automotive or miscellaneous metallic parts. The term does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, oven or grill cleaner, products sold exclusively directly or through distributors to establishments that manufacture or construct goods or commodities and labeled “exclusively for use in the manufacturing process only”, or products used exclusively in solvent cleaning tanks or related equipment, including but not limited to cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.27 General-use hand or body cleaner or soap {#sec-env-a-4103.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.27}

“General-use hand or body cleaner or soap” means a cleanser designed to be used routinely on the skin to clean or remove typical or common dirt and soils, including but not limited to hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. The term does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent including antimicrobial, heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.28 Glass cleaner {#sec-env-a-4103.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.28}

“Glass cleaner” means “glass cleaner” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.29 Graffiti remover {#sec-env-a-4103.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.29}

“Graffiti remover” means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or nonfabric substrates. The term includes products labeled for dual use as both a paint stripper and graffiti remover. The term does not include paint remover or stripper, nail polish remover, or spot remover.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.30 Hair mousse {#sec-env-a-4103.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.30}

“Hair mousse” means “hair mousse” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.31 Hair shine {#sec-env-a-4103.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.31}

“Hair shine” means any product designed for the primary purpose of creating a shine when applied to the hair, including but not limited to dual-use products designed primarily to impart a sheen to the hair. The term does not include hair spray, hair mousse, hair styling gel, hair styling product, or products whose primary purpose is to condition or hold the hair.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.32 Hair styling gel {#sec-env-a-4103.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.32}

“Hair styling gel” means a consumer product manufactured before January 1, 2009 that is a “hair styling gel” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.33 Hair spray {#sec-env-a-4103.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.33}

“Hair spray” means:

(a) For products manufactured before January 1, 2009, “hairspray” as defined in 40 CFR §59.202, as reprinted in Appendix D; and

(b) For products manufactured on or after January 1, 2009, a consumer product that is applied to styled hair that is designed or labeled to hold or retain the style of the hair for a period of time. The term includes aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or sparkle hairsprays that make finishing claims, and products that are both a styling and finishing product. The term does not include spray products that are intended to aid in styling but does not provide finishing of a hairstyle.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.34 Hair styling product {#sec-env-a-4103.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.34}

“Hair styling product” means a consumer product manufactured on or after January 1, 2009, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling and sculpting of the hair. The term includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers or conditioners that make styling claims. The term does not include hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair prior to styling.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.35 Heavy-duty hand cleaner or soap {#sec-env-a-4103.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.35}

“Heavy-duty hand cleaner or soap” means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. The term does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.36 Herbicide {#sec-env-a-4103.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.36}

“Herbicide” means a pesticide product designed to kill or retard plant growth. The term does not include products that are for agricultural use or are restricted materials that require a permit for use and possession.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.37 High pressure coating {#sec-env-a-4103.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.37}

“High pressure coating” means a high performance coating labeled and designed for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.38 High volatility organic compound (HVOC) {#sec-env-a-4103.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.38}

“High volatility organic compound (HVOC)” means “high-volatility organic compound or HVOC” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.39 House dust mite {#sec-env-a-4103.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.39}

“House dust mite” means a mite that feeds primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.40 House dust mite product {#sec-env-a-4103.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.40}

“House dust mite product” means a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.41 Household product {#sec-env-a-4103.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.41}

“Household product” means “household product” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.42 Household use {#sec-env-a-4103.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.42}

“Household use” means “household use” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.43 Industrial maintenance coating {#sec-env-a-4103.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.43}

“Industrial maintenance coating” means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates, including floors, labeled “For industrial use only,” “For professional use only,” “Not for residential use,” or “Not intended for residential use,” and designed to be exposed to one or more of the extreme environmental conditions listed below:

(a) Immersion in water, wastewater, or aqueous or non-aqueous solutions chemical solutions, or chronic exposure of interior surfaces to moisture condensation;

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(d) Frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, scouring agents; or

(e) Exterior exposure of metal structures and structural components.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4103.44 Industrial use {#sec-env-a-4103.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.44}

“Industrial use” means “industrial use” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.45)

N.H. Code Admin. R. Ann. Env-A 4103.45 Insecticide {#sec-env-a-4103.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.45}

“Insecticide” means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are:

(a) For agricultural use;

(b) For a use that requires a structural pest control license under New Hampshire law; or

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.46)

N.H. Code Admin. R. Ann. Env-A 4103.46 Insecticide fogger {#sec-env-a-4103.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.46}

“Insecticide fogger” means “insecticide fogger” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.47)

N.H. Code Admin. R. Ann. Env-A 4103.47 Institutional product {#sec-env-a-4103.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.47}

“Institutional product” means “institutional product” as defined in 40 CFR §59.202, as reprinted in Appendix D. This term also includes industrial and institutional products.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.48)

N.H. Code Admin. R. Ann. Env-A 4103.48 Label {#sec-env-a-4103.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.48}

“Label” means “label” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.49)

N.H. Code Admin. R. Ann. Env-A 4103.49 Labeled {#sec-env-a-4103.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.49}

“Labeled” as a verb means identified by the label.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.50)

N.H. Code Admin. R. Ann. Env-A 4103.50 Laminate repair/edgebonding adhesive {#sec-env-a-4103.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.50}

“Laminate repair/edgebonding adhesive” means an aerosol adhesive designed for:

(a) The touch-up or repair of items laminated with high pressure laminates including but not limited to lifted edges or delaminates; or

(b) The touch-up, repair, or attachment of edgebonding materials, including but not limited to other laminates, synthetic marble, veneers, wood molding, and decorative metals.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.51)

N.H. Code Admin. R. Ann. Env-A 4103.51 Large font {#sec-env-a-4103.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.51}

“Large font” means a font size as large as, or larger than, the font size of all other words on the panel, not including the company name, brand name, or logo.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.52)

N.H. Code Admin. R. Ann. Env-A 4103.52 Laundry prewash {#sec-env-a-4103.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.52}

“Laundry prewash” means “laundry prewash” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.53)

N.H. Code Admin. R. Ann. Env-A 4103.53 Laundry starch/sizing/fabric finish product {#sec-env-a-4103.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.53}

“Laundry starch/sizing/fabric finish product” means “laundry starch product” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.54)

N.H. Code Admin. R. Ann. Env-A 4103.54 Lawn and garden insecticide {#sec-env-a-4103.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.54}

“Lawn and garden insecticide” means “lawn and garden insecticide” as defined in 40 CFR §59.202, as reprinted in Appendix D. The term includes insecticide foggers.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.55)

N.H. Code Admin. R. Ann. Env-A 4103.55 Liquid {#sec-env-a-4103.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.55}

“Liquid” means a substance or mixture of substances that is capable of a visually-detectable flow using the method in ASTM D-4359-90(2000)e1. The term does not include powders or other materials that are composed entirely of solid particles.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.56)

N.H. Code Admin. R. Ann. Env-A 4103.56 Low vapor pressure VOC (LVP-VOC) {#sec-env-a-4103.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.56}

“Low vapor pressure VOC (LVP-VOC)” means a chemical compound or mixture that contains at least one carbon atom and meets one of the following:

(a) Has a vapor pressure less than 0.1 mm Hg at 20oC, as determined by California Air Resources Board (CARB) Method 310;

(b) Is a chemical compound with more than 12 carbon atoms, or a chemical mixture comprised solely of compounds with more than 12 carbon atoms and the vapor pressure is unknown;

(d) Is the weight percent of a chemical mixture that boils above 216o C, as determined by CARB Method 310.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.57)

N.H. Code Admin. R. Ann. Env-A 4103.57 Lubricant {#sec-env-a-4103.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.57}

“Lubricant” means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms, other than the following:

(a) Automotive power steering fluids;

(b) 2 cycle oils, or other products designed to be added to fuels;

(d) Products that are sold exclusively directly by or through distributors to establishments that manufacture or construct goods or commodities and are labeled exclusively for “use in the manufacturing process only”, and products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.58)

N.H. Code Admin. R. Ann. Env-A 4103.58 Manufacturer {#sec-env-a-4103.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.58}

“Manufacturer” means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.59)

N.H. Code Admin. R. Ann. Env-A 4103.59 Medicated astringent /medicated toner {#sec-env-a-4103.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.59}

“Medicated astringent /medicated toner” means any product regulated as a drug by the FDA that is applied to the skin for the purpose of cleaning or tightening pores, including but not limited to clarifiers and substrate-impregnated products. The term does not include hand, face, or body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.60)

N.H. Code Admin. R. Ann. Env-A 4103.60 Medium volatility organic compound (MVOC) {#sec-env-a-4103.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.60}

“Medium volatility organic compound (MVOC)” means any VOC that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.61)

N.H. Code Admin. R. Ann. Env-A 4103.61 Metal polish/cleanser {#sec-env-a-4103.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.61}

“Metal polish/cleanser” means any product designed to improve the appearance of a finished metal, metallic, or metallized surface by physical or chemical action, by removing or reducing stains, impurities, or oxidation from the surface or by making the surface smooth and shiny. The term includes but is not limited to metal polishes used on brass, silver, chrome, copper, stainless steel, and other ornamental metals. The term does not include wheel cleaner, paint remover or stripper, products designed and labeled exclusively for automotive and marine detailing, products designed for use in degreasing tanks, or automotive wax, polish, sealant, or glaze.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.62)

N.H. Code Admin. R. Ann. Env-A 4103.62 Mist spray adhesive {#sec-env-a-4103.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.62}

“Mist spray adhesive” means any aerosol that is not a special purpose spray adhesive and that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.63)

N.H. Code Admin. R. Ann. Env-A 4103.63 Moth-proofing product {#sec-env-a-4103.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.63}

“Moth-proofing product” for purposes of the definition of “flying bug insecticide” means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.64)

N.H. Code Admin. R. Ann. Env-A 4103.64 Mounting adhesive {#sec-env-a-4103.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.64}

“Mounting adhesive” means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing, including but not limited to paper, board, or cloth, without causing discoloration to the artwork.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.65)

N.H. Code Admin. R. Ann. Env-A 4103.65 Multi-purpose dry lubricant {#sec-env-a-4103.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.65}

“Multi-purpose dry lubricant” means any lubricant that is designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide, also known as “moly”, or polytetrafluoroethylene or closely related fluoropolymer, also known as “teflon”, on surfaces, and designed for general purpose lubrication or for use in a wide variety of applications.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.66)

N.H. Code Admin. R. Ann. Env-A 4103.66 Multi-purpose lubricant {#sec-env-a-4103.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.66}

“Multi-purpose lubricant” means any lubricant designed for general purpose lubrication or for use in a wide variety of applications, excluding multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose lubricants.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.67)

N.H. Code Admin. R. Ann. Env-A 4103.67 Multi-purpose solvent {#sec-env-a-4103.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4103.67}

“Multi-purpose solvent” means any liquid product designed or labeled to be used for dispersing, dissolving, or removing contaminants or other organic materials. The term includes products that do not display specific use instructions on the product container or packaging, products that do not specify an end-use function or application on the product container or packaging, paint clean up products, products labeled to prepare surfaces for painting, and solvents used in institutional facilities other than laboratory reagents used in analytical, educational, research, scientific, or other laboratories. The term does not include solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and polyurea coatings, solvents that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment, products that are labeled exclusively to clean a specific contaminant on a single substrate in specific situations, or solvents used in cold cleaners, vapor degreasers, conveyorized degreasers, or film cleaning machines.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4103.68)

Part Env-A 4104 Definitions: N Through Z

N.H. Code Admin. R. Ann. Env-A 4104.01 Nail polish {#sec-env-a-4104.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.01}

“Nail polish” means any clear or colored coating designed for application to fingernails or toenails including but not limited to lacquers, enamels, acrylics, base coats, and top coats.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.02 Nail polish remover {#sec-env-a-4104.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.02}

“Nail polish remover” means “nail polish remover” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.03 New Hampshire sales {#sec-env-a-4104.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.03}

“New Hampshire sales” means the sales per year in New Hampshire, in pounds of product, less packaging and container, for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, any consecutive 12-month period commencing no earlier than 2 years prior to the due date of the registration.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.04 Non-aerosol product {#sec-env-a-4104.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.04}

“Non-aerosol product” means any consumer product that is not dispensed by a pressurized spray system.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.05 Non-carbon containing-compound {#sec-env-a-4104.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.05}

“Non-carbon containing-compound” means any compound that does not contain any carbon atoms.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.06 Nonresilient flooring {#sec-env-a-4104.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.06}

“Nonresilient flooring” means “nonresilient flooring” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.07 Nonresilient flooring material {#sec-env-a-4104.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.07}

“Nonresilient flooring material” means flooring of a mineral content that is not flexible. The term includes, but is not limited to, terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.08 Non-selective terrestrial herbicide {#sec-env-a-4104.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.08}

“Non-selective terrestrial herbicide” means a terrestrial herbicide product that is toxic to plants without regard to species.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.09 Oven or grill cleaner {#sec-env-a-4104.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.09}

“Oven or grill cleaner” means any cleaning product designed or labeled exclusively to clean and to remove dried or baked on greases and/or food deposits from oven walls, food preparation and/or food cooking surfaces. The term does not include a product labeled as an oven or grill cleaner that makes claims that it is suitable for cleaning or degreasing other hard surfaces.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.10 Paint {#sec-env-a-4104.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.10}

“Paint” means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer that dries to an opaque solid film after application and is used for protection, decoration, or identification or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.11 Paint clean-up product {#sec-env-a-4104.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.11}

“Paint clean-up product” means any liquid product labeled for cleaning oil-based or water-based paint, lacquer, varnish, or related coatings from items not intended to be painted, including but not limited to painting equipment, tools, plastics, and metals.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.12 Paint remover or stripper {#sec-env-a-4104.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.12}

“Paint remover or stripper” means any product designed to strip or remove paints, or other related coatings, by chemical action from a substrate without markedly affecting the substrate. The term does not include multi-purpose solvents, paint clean-up products, products designed and labeled exclusively to remove graffiti, and hand cleaner products that claim to remove paints and other related coatings from skin.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.13 Paint thinner {#sec-env-a-4104.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.13}

“Paint thinner” means any liquid product used for reducing the viscosity of coating compositions or components, that prominently displays the term “Paint thinner,” “Lacquer thinner,” “Thinner,” or “Reducer” on the front panel of its packaging. The term does not include any of the following:

(a) Any liquid product that displays “artist’s solvent/thinner” on the packaging;

(b) Products that are sold in containers with a capacity of 5 gallons or more and labeled exclusively for thinning industrial maintenance coatings, zinc-rich primers, or high temperature coatings;

(c) Products labeled and used exclusively as an ingredient in a specific coating or coating brand line, whereby the coating would not be complete or useable without the specific ingredient; or

(d) Products that meet both of the following:

(1) The principle display panel of the product displays, in large font, language that the product is used exclusively for the thinning of industrial maintenance coatings, zinc-rich primers, or high temperature coatings; and

(2) No representation is made anywhere on the product container or packaging, or any label or sticker attached thereto, that the product is suitable for use or can be used for any other purpose except the thinning of industrial maintenance coatings, zinc-rich primers, or high temperature coatings.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.14 Penetrant {#sec-env-a-4104.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.14}

“Penetrant” means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. The term does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.15 Person {#sec-env-a-4104.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.15}

“Person” means “person” as defined in RSA 125-C:2, X, as reprinted in Appendix C.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.16 Personal fragrance product {#sec-env-a-4104.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.16}

“Personal fragrance product” means any product that is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor. The terms includes, but is not limited to, cologne, perfume, aftershave, and toilet water. The term does not include fragrance products designed to be used exclusively on non-human animals, deodorant, medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body, mouthwashes, breath fresheners and deodorizers, products designed exclusively for use on human genitalia, soaps, shampoos, and products primarily used to clean the human body, or lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.17 Pesticide {#sec-env-a-4104.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.17}

“Pesticide” means “pesticide” as defined in RSA 430:29, XXVI, as reprinted in Appendix C.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.18 Plasticizer {#sec-env-a-4104.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.18}

“Plasticizer” means a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.19 Polyolefin adhesive {#sec-env-a-4104.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.19}

“Polyolefin adhesive” means an aerosol adhesive designed to bond polyolefins to substrates.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.20 Polystyrene foam adhesive {#sec-env-a-4104.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.20}

“Polystyrene foam adhesive” means an aerosol adhesive designed to bond polystyrene foam to substrates.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.21 Premixed windshield washer fluid {#sec-env-a-4104.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.21}

“Premixed windshield washer fluid” means any automotive windshield washer fluid sold in a container with a capacity of greater than one quart but less than 55 gallons that is not designed to be diluted prior to use.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.22 Pressurized gas duster {#sec-env-a-4104.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.22}

“Pressurized gas duster” means a pressurized product labeled to remove dust from a surface that cannot be cleaned with solvents, including but not limited to photographs, photographic film negatives, and computer keyboards, solely by means of mass air or gas flow. The term does not include dusting aid.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.23 Principal display panel(s) {#sec-env-a-4104.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.23}

“Principal display panel(s)” means “principal display panel(s)” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.24 Product brand name {#sec-env-a-4104.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.24}

“Product brand name” means the name of the product exactly as it appears on the principal display panel of the product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.25 Product category {#sec-env-a-4104.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.25}

“Product category” means the category listed in table 4105-1 that best describes the product and appears on the product’s principal display panel.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.26 Product form {#sec-env-a-4104.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.26}

“Product form” means the form that most accurately describes the product’s dispensing form including, but not limited to, aerosol, solid, pump spray, liquid, gel, semi-solid, or other.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.27 Product line {#sec-env-a-4104.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.27}

“Product line” means a group of products of identical form and function belonging to the same product category(ies).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.28 Propellant {#sec-env-a-4104.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.28}

“Propellant” means a liquefied or compressed gas that is used to expel a liquid or any other material from the same self‑pressurized container or from a separate container. The term includes a liquefied or compressed gas that is used as a co-solvent.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.29 Pump spray {#sec-env-a-4104.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.29}

“Pump spray” means “pump spray” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.30 Reactive adhesive {#sec-env-a-4104.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.30}

“Reactive adhesive” means an adhesive that requires a hardener or catalyst in order for a bond to occur. The term includes, but is not limited to, epoxies, urethanes, and silicones.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.31 Removable caulking compound {#sec-env-a-4104.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.31}

“Removable caulking compound” means a compound that seals windows or doors for 3- to 6-month intervals and is designed to be removed.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4104.32 Responsible party {#sec-env-a-4104.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.32}

“Responsible party” means:

(a) If only one individual or legal entity is identified on a product’s label, the individual or legal entity so identified; or

(b) If the label lists more than one individual or legal entity, the individual or legal entity for whom the product was manufactured or distributed, as noted on the label.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.33)

N.H. Code Admin. R. Ann. Env-A 4104.33 Retailer {#sec-env-a-4104.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.33}

“Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.34)

N.H. Code Admin. R. Ann. Env-A 4104.34 Retail outlet {#sec-env-a-4104.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.34}

“Retail outlet” means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.35)

N.H. Code Admin. R. Ann. Env-A 4104.35 Roll-on product {#sec-env-a-4104.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.35}

“Roll-on product” means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the targeted area.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.36)

N.H. Code Admin. R. Ann. Env-A 4104.36 Rubber/vinyl protectant {#sec-env-a-4104.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.36}

“Rubber/vinyl protectant” means:

(a) For products manufactured before January 1, 2015, any product designed to protect, preserve, or renew vinyl, rubber, or plastic, or any combination thereof, on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. The term does not include products primarily designed to clean wheel rims, such as aluminum or magnesium wheel cleaners, or tire cleaners that do not leave an appearance-enhancing or protective substance on the tire;

(b) For products manufactured on or after January 1, 2015, other than aerosol tire shine products, any product labeled to protect, preserve, or renew vinyl or rubber on vehicles, tires, luggage, furniture, or household products such as vinyl covers, clothing, or accessories. The term does not include products labeled to clean wheel rims, such as aluminum or magnesium wheel cleaners, tire cleaners that do not leave an appearance-enhancing or protective substance on the tire, pigmented products designed or labeled to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenance or repair of rubber or vinyl substrates, or products, other than those labeled to be used on vehicle tires, that qualify as either clear coating or vinyl/fabric/leather/polycarbonate coating; and

(c) For products manufactured on or after January 1, 2016, “rubber/vinyl protectant” as defined in (b), above, with the addition of aerosol tire shine products.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.37)

N.H. Code Admin. R. Ann. Env-A 4104.37 Rubbing alcohol {#sec-env-a-4104.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.37}

“Rubbing alcohol” means any product containing isopropyl alcohol, also called isopropanol, or denatured ethanol and labeled for topical uses such as to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.38)

N.H. Code Admin. R. Ann. Env-A 4104.38 S-coded fabric {#sec-env-a-4104.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.38}

“S-coded fabric” means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.39)

N.H. Code Admin. R. Ann. Env-A 4104.39 Sanitizer {#sec-env-a-4104.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.39}

“Sanitizer” means a product that is labeled as a “sanitizer” or that is labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a “sanitizer” under FIFRA. The term does not include:

(a) Products labeled as both a “sanitizer” and a “disinfectant”;

(b) Disinfectants;

(d) Products labeled solely for agricultural use;

(e) Products labeled solely for use in swimming, therapeutic tubs, or hot tubs;

(f) Products labeled to be used on heat -sensitive critical or semi-critical medical devices or medical equipment surfaces;

(g) Pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments;

(h) Products labeled to be applied to food-contact surfaces that are not required to be rinsed prior to contact with food; or

(i) Products labeled as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet/urinal care products, metal polishers, carpet cleaners, or fabric refreshers regardless of any sanitizing or anti-microbial claims on the label.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.40)

N.H. Code Admin. R. Ann. Env-A 4104.40 Sealant and caulking compound {#sec-env-a-4104.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.40}

“Sealant and caulking compound” means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between 2 surfaces. The term does not include any of the following:

(a) Clear, paintable, and water resistant caulking compounds;

(b) Floor seam sealers;

(d) Products designed exclusively for automotive uses;

(e) Removable caulking compounds;

(f) Roof cements and roof sealants;

(g) Sealers applied as continuous coatings; or

(h) Units of product, less packaging, that weigh more than one pound and consist of more than 16 fluid ounces.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.41)

N.H. Code Admin. R. Ann. Env-A 4104.41 Semisolid {#sec-env-a-4104.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.41}

“Semisolid” means a product that, at room temperature, will not pour, but will spread or deform easily, including gels, pastes, and greases.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.42)

N.H. Code Admin. R. Ann. Env-A 4104.42 Shaving cream {#sec-env-a-4104.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.42}

“Shaving cream” means “shaving cream” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.43)

N.H. Code Admin. R. Ann. Env-A 4104.43 Shaving gel {#sec-env-a-4104.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.43}

“Shaving gel” means an aerosol product that dispenses a gel which transforms into a foam when rubbed onto the skin and is designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. The term does not include shaving cream.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.44)

N.H. Code Admin. R. Ann. Env-A 4104.44 Silicone-based multi-purpose lubricant {#sec-env-a-4104.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.44}

“Silicone-based multi-purpose lubricant” means any lubricant that is designed and labeled to reduce friction primarily through the use of silicone compounds including but not limited to polydimethylsiloxane, and that is designed and labeled for general purpose lubrication or for use in a wide variety

of applications. The term does not include products designed and labeled exclusively to release manufactured products from molds.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.45)

N.H. Code Admin. R. Ann. Env-A 4104.45 Single-phase aerosol air freshener {#sec-env-a-4104.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.45}

“Single-phase aerosol air freshener” means “single-phase aerosol air freshener” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.46)

N.H. Code Admin. R. Ann. Env-A 4104.46 Solid {#sec-env-a-4104.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.46}

“Solid” means a substance or mixture of substances that, whether whole or subdivided into particles, such as those comprising a powder, is not capable of visually detectable flow using the method in ASTM D-4359-90(2000)e1. The term does not include liquids or gels.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.47)

N.H. Code Admin. R. Ann. Env-A 4104.47 Special purpose spray adhesive {#sec-env-a-4104.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.47}

“Special purpose spray adhesive” means an aerosol adhesive that is any of the following:

(a) Automotive engine compartment adhesive;

(b) Automotive headliner adhesive;

(d) High pressure laminate;

(e) Laminate repair or edgebonding adhesive;

(f) Mounting adhesive;

(g) Polyolefin adhesive; or

(h) Polystyrene foam adhesive.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.48)

N.H. Code Admin. R. Ann. Env-A 4104.48 Specialty adhesive remover {#sec-env-a-4104.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.48}

“Specialty adhesive remover” means a product designed to remove reactive adhesives from a variety of substrates. The term does not include gasket or thread locking adhesive remover.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.49)

N.H. Code Admin. R. Ann. Env-A 4104.49 Spot remover {#sec-env-a-4104.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.49}

“Spot remover” means a product designed to clean localized areas or to remove localized spots or stains from cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. The term does not include dry cleaning fluid, laundry prewash, carpet and upholstery cleaner, or multi-purpose solvent.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.50)

N.H. Code Admin. R. Ann. Env-A 4104.50 Spray buff product {#sec-env-a-4104.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.50}

“Spray buff product” means “spray buff product” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.51)

N.H. Code Admin. R. Ann. Env-A 4104.51 Stick product {#sec-env-a-4104.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.51}

“Stick product” means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the targeted area.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.52)

N.H. Code Admin. R. Ann. Env-A 4104.52 Structural pest control {#sec-env-a-4104.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.52}

“Structural pest control” means a pesticide use requiring a license or registration as specified in Pes 100 through Pes 1100.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.53)

N.H. Code Admin. R. Ann. Env-A 4104.53 Structural waterproof adhesive {#sec-env-a-4104.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.53}

“Structural waterproof adhesive” means “structural waterproof adhesive” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.54)

N.H. Code Admin. R. Ann. Env-A 4104.54 Styling {#sec-env-a-4104.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.54}

“Styling” means forming, sculpting, or manipulating hair to temporarily alter the overall shape of the hair.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.55)

N.H. Code Admin. R. Ann. Env-A 4104.55 Table B compound {#sec-env-a-4104.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.55}

“Table B compound” means any carbon-containing compound listed as an exception to the definition of VOC in 40 CFR §51.100(s).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.56)

N.H. Code Admin. R. Ann. Env-A 4104.56 Temporary hair color {#sec-env-a-4104.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.56}

“Temporary hair color” means any product that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. The term includes hair color mousses and products labeled to add texture or thickness to cover thinning or balding areas. The term does not include hair spray, hair styling product, or hair mousse.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.57)

N.H. Code Admin. R. Ann. Env-A 4104.57 Terrestrial {#sec-env-a-4104.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.57}

“Terrestrial” means to live on or grow from land.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.58)

N.H. Code Admin. R. Ann. Env-A 4104.58 Tire sealant and inflation {#sec-env-a-4104.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.58}

“Tire sealant and inflation” means any pressurized product that is designed to temporarily inflate and seal a leaking tire.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.59)

N.H. Code Admin. R. Ann. Env-A 4104.59 Toilet/urinal care product {#sec-env-a-4104.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.59}

“Toilet/urinal care product” means any product designed or labeled to clean, deodorize, or clean and deodorize toilet bowls, toilet tanks, or urinals, whether such fixtures are connected to permanent plumbing in buildings and other structures, in portable housing placed at temporary or remote locations, or in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. The term does not include bathroom and tile cleaner or general purpose cleaner.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.60)

N.H. Code Admin. R. Ann. Env-A 4104.60 Type A propellant {#sec-env-a-4104.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.60}

“Type A propellant” means a compressed gas, such as carbon dioxide (CO2), nitrogen (N2), nitrous oxide (N2O), or compressed air, that is used as a propellant, that is either incorporated into the product or contained in a separate chamber within the product’s packaging.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.61)

N.H. Code Admin. R. Ann. Env-A 4104.61 Type B propellant {#sec-env-a-4104.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.61}

“Type B propellant” means any halocarbon that is used as a propellant, including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.62)

N.H. Code Admin. R. Ann. Env-A 4104.62 Type C propellant {#sec-env-a-4104.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.62}

“Type C propellant” means any propellant that is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether, also known as dimethyl oxide.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.63)

N.H. Code Admin. R. Ann. Env-A 4104.63 Undercoating {#sec-env-a-4104.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.63}

“Undercoating” means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, or firewall of a motor vehicle to prevent the formation of rust or to deaden sound. The term includes, but is not limited to, rubberized, mastic, and asphaltic products.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.64)

N.H. Code Admin. R. Ann. Env-A 4104.64 Usage directions {#sec-env-a-4104.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.64}

“Usage directions” means “usage directions” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.65)

N.H. Code Admin. R. Ann. Env-A 4104.65 Vinyl/fabric/leather/polycarbonate coating {#sec-env-a-4104.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.65}

“Vinyl/fabric/leather/polycarbonate coating” means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.66)

N.H. Code Admin. R. Ann. Env-A 4104.66 Volatile organic compound (VOC) {#sec-env-a-4104.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.66}

“Volatile organic compound (VOC)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic carbides, and ammonium carbonate, that participates in atmospheric photochemical reactions. The term does not include any organic compound that the administrator of the EPA designates in 40 CFR 51.100(s) as having no or negligible photochemical reactivity.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.67)

N.H. Code Admin. R. Ann. Env-A 4104.67 Wasp and hornet insecticide {#sec-env-a-4104.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.67}

“Wasp and hornet insecticide” means “wasp and hornet insecticide” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.68)

N.H. Code Admin. R. Ann. Env-A 4104.68 Waterproofer {#sec-env-a-4104.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.68}

“Waterproofer” means a product designed and labeled exclusively to repel water from fabric or leather substrates. The term does not include fabric protectants.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.69)

N.H. Code Admin. R. Ann. Env-A 4104.69 Wax {#sec-env-a-4104.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.69}

“Wax” means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers or plastics, including, but not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.70)

N.H. Code Admin. R. Ann. Env-A 4104.70 Web spray adhesive {#sec-env-a-4104.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.70}

“Web spray adhesive” means any aerosol adhesive that is not a mist spray or special purpose spray adhesive.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.71)

N.H. Code Admin. R. Ann. Env-A 4104.71 Wood cleaner {#sec-env-a-4104.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.71}

“Wood cleaner” means a product labeled to clean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or any product designed and labeled exclusively to preserve or color wood.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.72)

N.H. Code Admin. R. Ann. Env-A 4104.72 Wood floor wax {#sec-env-a-4104.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.72}

“Wood floor wax” means “wood floor wax” as defined in 40 CFR §59.202, as reprinted in Appendix D.

History

#10527, eff 2-26-14; ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.73)

N.H. Code Admin. R. Ann. Env-A 4104.73 Zinc-rich primer {#sec-env-a-4104.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4104.73}

“Zinc-rich primer” means a coating that:

(a) Contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids;

(b) Is designed for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings; and

(c) Is designed for professional use only, as indicated by its label, for example with a phrase such as “For professional use only,” “For industrial use only,” “Not for residential use,” or “Not intended for residential use.”

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24 (formerly Env-A 4104.74)

Part Env-A 4105 Standards

N.H. Code Admin. R. Ann. Env-A 4105.01 Standards {#sec-env-a-4105.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.01}

(a) Except as provided in Env-A 200, Env-A 4101.04, Env-A 4105.02, Env-A 4105.03, or Env-A 4109, no person shall sell, supply, or offer for sale in New Hampshire any consumer product manufactured on or after the applicable date specified in table 4105-1, and no person shall manufacture any consumer product for sale in New Hampshire on or after the applicable date specified in table 4105-1, that contains VOCs in excess of the limits specified in table 4105-1, below, subject to the notes in (b), below:

Table 4105-1: VOC Limits for Consumer Products

Product Category

Percent VOCs by Weight

Manufactured on or after 1/1/2007

Manufactured on or after 1/1/2015

Manufactured on or after 1/1/2017

Adhesive Removers

Floor or Wall Covering

Gasket or Thread Locking

General Purpose

Specialty

Adhesives

Aerosol:

Mist Spray

Web Spray

Special Purpose Spray Adhesives:

Mounting, Automotive Engine Compartment, and Flexible Vinyl

Polystyrene Foam and Automotive Headliner

Polyolefin and Laminate Repair / Edgebonding

Contact:

Contact General Purpose

80 ^A

Contact Special Purpose

N/A

Construction, Panel, and Floor Covering

15 ^C

General Purpose

Structural Waterproof

Air Fresheners

Single-Phase Aerosols

Double-Phase Aerosols

Dual Purpose Air Freshener/Disinfectant Aerosol

Liquids /Pump Sprays

Solids / Gels

Antiperspirants

Aerosol

40 HVOC

10 MVOC

Non-Aerosol

0 HVOC

0 MVOC

Anti-static Product

Aerosol

Non-Aerosol

Automotive Brake Cleaner

Automotive Rubbing or Polishing Compound

Automotive Wax, Polish, Sealant, or Glaze

Hard Paste Waxes

Instant Detailers

All Other Forms

Automotive Windshield Cleaner

Automotive Windshield Washer Fluids

Bathroom and Tile Cleaners

Aerosols

All Other Forms

5 ^C

N/A

Non-Aerosol

Brake Cleaner

Bug and Tar Remover

Carburetor or Fuel-Injection Air Intake Cleaners

45 ^C

Carpet and Upholstery Cleaners

Aerosols

Non-Aerosols (Dilutables)

0.1

Non-Aerosols (Ready-to-Use)

3.0

Charcoal lighter materials

See Env-A 4105.08

Cooking Spray

Aerosols

Deodorants

Aerosol

0 HVOC

10 MVOC

Non-Aerosol

0 HVOC

0 MVOC

Disinfectant

Aerosols

Non-Aerosols

Dusting Aids

Aerosols

All Other Forms

Electrical Cleaner

Electronic Cleaner

Engine Degreasers

Aerosol

35^C

Non-Aerosol

Fabric Protectants

Fabric Fresheners

Aerosols

Non-Aerosols

Footwear or Leather Care Products

Aerosol

Solid

Other forms

Floor Polishes / Waxes

Products for Flexible Flooring Materials

7 ^C

Products for Nonresilient Flooring

10 ^C

Wood Floor Wax

Floor Wax Strippers

Non-Aerosol

See Env-A 4105.06

Furniture Maintenance Products

Aerosols

All Other Forms Except Solid or Paste

7 ^C

N/A

Non-Aerosol Except Solid or Paste

General Purpose Cleaners

Aerosols

10 ^C

Non-Aerosols

General Purpose Degreasers

Aerosols

50 ^C

Non-Aerosols

Glass Cleaners

Aerosols

Non-Aerosols

Graffiti Remover

Aerosols

Non-Aerosols

Hair Mousses

Hair shines

Hairsprays

Hair Styling Gels

Hair Styling Products

Aerosols and Pump Sprays

All other forms

Heavy-Duty Hand Cleaner or Soap

Insecticides

Crawling Bug - Aerosol

Crawling Bug - all other forms

Flea and Tick

Flying Bug - Aerosol

Flying Bug - all other forms

Foggers

Lawn and Garden - all other forms

Lawn and Garden - Non-Aerosol

Wasp and Hornet

Laundry Prewash

Aerosols and Solids

All Other Forms

Laundry Starch / Sizing / Fabric Finish Product

5 ^C

4.5

Metal Polishes / Cleansers

Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products)

Multi-Purpose Solvent

Nail Polish Remover

75^C

Non-Selective Terrestrial Herbicide

Non-Aerosols

Oven or Grill Cleaners

Aerosols / Pump Sprays

Liquids

5 ^C

N/A

Non-Aerosols

Paint Remover or Strippers

Paint Thinner

Penetrants

Rubber/Vinyl Protectants

Non-Aerosols

Aerosols ^B

Sanitizer

Aerosol

Non-Aerosol

Sealants and Caulking Compounds

Shaving Creams

Shaving Gel

Silicone-Based Multi-Purpose Lubricants, excluding Solid or Semi-Solid Products

Spot Removers

Aerosols

Non-Aerosols

Temporary Hair Color

Aerosol

Tire Sealants and Inflators

Undercoatings, Aerosols

Wood Cleaner

Aerosol

Non-Aerosol

(b) The notes for Table 4105-1 shall be as follows:

(1) “A” means that the specified standard no longer applies after December 31, 2014 because a revised VOC standard takes effect January 1, 2015;

(2) “B” means that the VOC standard for rubber/vinyl protectant aerosols applies to aerosol tire shine products in this category beginning January 1, 2016; and

(3) “C” means that the specified standard no longer applies after December 31, 2016 because a revised VOC standard takes effect January 1, 2017.

(c) No person shall sell, supply, offer for sale, or manufacture for sale in New Hampshire on or after January 1, 2007, any antiperspirant or deodorant that contains any compound listed in table 4105-2, below:

Table 4105-2: Prohibited Compounds in Antiperspirant or Deodorant

Prohibited Compounds

Benzene

Ethylene Dibromide

Ethylene Dichloride

Hexavalent Chromium

Asbestos

Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 positions and containing 4,5,6 or 7 chlorine atoms

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachloride

Trichloroethylene

Chloroform

Vinyl Chloride

Inorganic Arsenic

Nickel (metallic nickel and inorganic nickel compounds)

Perchloroethylene

Formaldehyde

1,3-Butadiene

Inorganic Lead

(d) No person shall sell, supply, offer for sale, or manufacture for sale in New Hampshire on or after January 1, 2015, any antiperspirant or deodorant that contains ethylene oxide or methylene chloride.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14 (from Env-A 4103.01); ss by #10750, eff 12-19-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.02 Product Sell-Through {#sec-env-a-4105.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.02}

Any consumer product manufactured prior to the applicable date specified in table 4105-1, as indicated by a date code on the product container or label, may be sold, supplied, or offered for sale after the specified date.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14 (from Env-A 4103.03); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.03 Products registered under FIFRA {#sec-env-a-4105.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.03}

For any consumer product that is registered under FIFRA, the VOC standards specified in table 4105-1 shall apply one year after the specified date.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14 (from Env-A 4103.03); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.04 Diluted Products {#sec-env-a-4105.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.04}

(a) For any consumer product for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the limits specified in table 4105-1 shall apply to the product only after the minimum recommended dilution has taken place.

(b) For purposes of (a), above, the minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.

(c) For any consumer product for which the label, packaging, or accompanying literature states that the product should be diluted with a VOC solvent prior to use, the limits specified in table 4105-1 shall apply to the product only after the maximum recommended dilution has taken place.

(d) This section shall not apply to premixed windshield washer fluid.

History

#10527, eff 2-26-14 (from Env-A 4103.02); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.05 Requirements for Aerosol Adhesives {#sec-env-a-4105.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.05}

(a) The standards for aerosol adhesives shall apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses.

(b) Except as otherwise provided in Env-A 4101.04 or Env-A 4105.02, no person shall sell, supply, offer for sale, use, or manufacture for sale in New Hampshire on or after the applicable date specified in table 4105-1 any aerosol adhesive that, at the time of sale, use, or manufacture, contains VOCs in excess of the specified standard.

(c) A product that is within the definition of special purpose spray adhesive in Env-A 4104.48 whose label indicates that the product is suitable for use on any substrate or application not listed in Env-A 4104.48 shall be classified as:

(1) A mist spray adhesive, if it meets the definition of mist spray adhesive in Env-A 4104 other than as relates to a special purpose spray adhesive; or

(2) A web spray adhesive, if it does not otherwise meet the definition of mist spray adhesive.

(d) A product that is within more than one of the categories listed in Env-A 4104.48 and is not classified as a mist spray adhesive or web spray adhesive under (c), above, shall comply with the lowest VOC limit specified in table 4105-1 for special purpose spray adhesives.

(e) No person shall sell, supply, offer for sale, or manufacture for use in New Hampshire any aerosol adhesive that contains methylene chloride, perchloroethylene, or trichloroethylene on or after the applicable effective date specified in table 4105-1.

(f) All aerosol adhesives shall comply with the labeling requirements specified in Env-A 4106.03.

History

#10527, eff 2-26-14 (from Env-A 4103.04); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.06 Requirements for Floor Wax Strippers {#sec-env-a-4105.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.06}

No person shall sell, supply, offer for sale, or manufacture for use in New Hampshire any floor wax stripper unless the following requirements are met:

(a) The label of each non-aerosol floor wax stripper shall specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3% by weight or less;

(b) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper shall specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12% by weight or less; and

(c) Terminology describing the amount of polish build-up the non-aerosol floor wax stripper is intended to remove, such as light, medium, or heavy, shall be displayed on the label.

History

#10527, eff 2-26-14 (from Env-A 4103.05); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.07 Products Containing Ozone-Depleting Compounds {#sec-env-a-4105.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.07}

(a) Subject to (b) and (c), below, no consumer product for which a standard is specified in table 4105-1 shall be sold, supplied, offered for sale, or manufactured for sale in New Hampshire if it contains any of the following ozone-depleting compounds:

(1) Trichlorofluoromethane (CFC‑11);

(2) Dichlorodifluoromethane (CFC‑12);

(3) 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113);

(4) 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC‑114);

(5) Chloropentafluoroethane (CFC-115);

(6) Bromochlorodifluoromethane (Halon 1211);

(7) Bromotrifluoromethane (Halon 1301);

(8) Dibromotetrafluoroethane (Halon 2402);

(9) Chlorodifluoromethane (HCFC‑22);

(10) 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123);

(11) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

(12) 1,1-dichloro-1-fluoroethane (HCFC‑141b);

(13) 1-chloro-1,1-difluoroethane (HCFC‑142b);

(14) 1,1,1-trichloroethane; and

(15) Carbon tetrachloride.

(b) The prohibition in (a), above, shall not apply to any existing product formulation that complies with table 4105-1 or any existing product formulation that is reformulated to meet table 4105-1, provided the ozone-depleting compound content of the reformulated product does not increase.

(c) The prohibition in (a), above, shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

History

#10527, eff 2-26-14 (from Env-A 4103.06); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.08 Requirements for Charcoal Lighter Material {#sec-env-a-4105.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.08}

(a) No person shall sell, supply, or offer for sale on or after January 1, 2007 any charcoal lighter material product unless at the time of the transaction:

(1) The manufacturer has been issued a currently effective certification by CARB or an air pollution agency of another state and EPA; and

(2) The product usage directions provided on the label, packaging, or accompanying literature are the same as those on which the certification is based.

(b) In an investigation or for an inspection by the department, a manufacturer claiming to have a certification as specified in (a)(1), above, shall submit to the department upon request a copy of the certification decision, including all conditions applicable to the certification established by the issuing air pollution agency.

History

#10527, eff 2-26-14 (from Env-A 4103.07); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.09 Requirements for Paint Thinner and Multipurpose Solvents {#sec-env-a-4105.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.09}

(a) Except as provided in (b) through (d), below, starting on January 1, 2015 no person shall sell, supply, offer for sale, or manufacture for use in New Hampshire any multi-purpose solvent or paint thinner that contains any of the following:

(1) Methylene chloride, perchloroethylene, or trichloroethylene; or

(2) Greater than one percent aromatic compound content by weight.

(b) Multi-purpose solvents and paint thinners that contain methylene chloride, perchloroethylene, or trichloroethylene, or greater than one percent aromatic compound content by weight, that are manufactured before January 1, 2015 may be sold, supplied, or offered for sale until January 1, 2018, so long as the product complies with the product dating requirements specified in Env-A 4106.01.

(c) Any person who sells or supplies a consumer product identified in this section shall notify the purchaser of the product in writing that the sell -through period for that product will end on January 1, 2018 if both of the following conditions are met:

(1) The product is sold or supplied to a distributor or retailer; and

(2) The product is sold or supplied on or after June 30, 2017.

(d) The requirements of (a), (b), and (c) above shall not apply to any multi-purpose solvent or paint thinner that contains any methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4105.10 Additional Requirements for Paint Thinner and Multi-Purpose Solvents {#sec-env-a-4105.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4105.10}

(a) Subject to (b), below, no person shall sell, supply, offer for sale, or manufacture for use in New Hampshire any flammable or extremely flammable multipurpose solvent or paint thinner named, on the principle display panel as “Paint Thinner,” “Multi-purpose Solvent,” “Clean-up Solvent,” or “Paint Clean-up.”

(b) The prohibition in (a), above, shall not apply to a product that meets any of the following criteria:

(1) Products that include an attached hang tag, sticker, or contrasting square or rectangular area on the principle display panel that displays, at a minimum, the following statements in large font, a signal word such as “DANGER,” “WARNING,” or “CAUTION”, as specified in 16 CFR 1500.121;

(2) Products labeled “Formulated to meet California VOC limits; see warnings on label;” or

(3) The principle display panel displays, in large font, the common name of the chemical compound that results in the product meeting the criteria for flammable or extremely flammable, such as acetone or methyl acetate.

(1) Is labeled as “Flammable” or “Extremely Flammable” on the product container; or

(2) Meets the criteria for these terms specified in 16 CFR 1500.3(c)(6).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

Part Env-A 4106 Administrative Requirements

N.H. Code Admin. R. Ann. Env-A 4106.01 Date Coding {#sec-env-a-4106.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4106.01}

(a) Each manufacturer of a consumer product subject to Env-A 4105 shall clearly display on each consumer product container or package:

(1) The day, month, and year on which the product was manufactured; or

(2) A code indicating such date.

(b) The date or date code shall be located on the container or inside the cover or cap so that it is readily observable or obtainable by simply removing the cap or cover without disassembling any part of the container or packaging.

(1) January 1, 2007, for consumer products registered under FIFRA; and

(2) January 1, 2006 for all other consumer products.

(d) No person who sells, supplies, offers for sale, or manufactures consumer products for use in New Hampshire shall erase, alter, deface, or otherwise remove or make illegible any date or date code from any regulated product container without the express authorization of the manufacturer, unless the product contains no VOCs or contains VOCs at 0.10% by weight or less.

(e) If a manufacturer uses a date code to indicate the date of manufacture, an explanation of the code shall be filed with the department via email to airfiles@des.nh.gov, no later than:

(1) January 1, 2007, for consumer products registered under FIFRA; and

(2) January 1, 2006 for all other consumer products.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14b (from Env-A 4104.04); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4106.02 Most Restrictive Limit {#sec-env-a-4106.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4106.02}

(a) Notwithstanding the definition of “product category” in Env-A 4104, if anywhere on the principal display panel of any consumer product any representation is made that the product may be used as, or is suitable for use as, a consumer product for which a lower VOC limit is specified in table 4105-1, then the lower VOC limit shall apply.

(b) Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.

(c) The requirement in (a) through (c), above, shall not apply to general purpose cleaners, antiperspirants, deodorants, or insecticide foggers.

(d) The presence of, and representations about, a product's fragrance and ability to deodorize resulting from surface application shall not constitute a claim of air freshening.

History

#10527, eff 2-26-14 (from Env-A 4104.02); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4106.03 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Contact Adhesives, Electronic Cleaners, Electrical Cleaners, and Energized Electrical Cleaners {#sec-env-a-4106.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4106.03}

(a) In addition to the requirements specified in Env-A 4106.01, Env-A 4106.02, and Env-A 4107, each aerosol adhesive, adhesive remover, contact adhesive, electronic cleaner, electrical cleaner, and energized electrical cleaner product subject to this chapter shall clearly display the following information on the container of each product manufactured on or after the applicable effective date for the category specified in table 4105-1:

(1) The product category as specified in table 4105-1 or an abbreviation of the category;

(2) The applicable VOC standard for the product that is specified in table 4105-1, expressed as a percentage by weight; and

(3) If the product is classified as a special purpose spray adhesive, the applicable substrate, application, or an abbreviation of the substrate or application that qualifies the product as special purpose.

(b) If the manufacturer or responsible party uses an abbreviation as allowed by (a)(1) or (a)(3), above, an explanation of the abbreviation shall be filed with the department before the abbreviation is used.

(c) The date code information required by Env-A 4106.01 shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging including, but not limited to, information displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

(d) No person who sells, supplies, offers for sale, or manufactures consumer products for use in New Hampshire shall remove, alter, conceal, or deface the information required in (a), above, prior to final sale of the product.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

Part Env-A 4107 Reporting and Recordkeeping Requirements

N.H. Code Admin. R. Ann. Env-A 4107.01 Reporting Requirements {#sec-env-a-4107.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4107.01}

(a) During an investigation or for an inspection by the department, a responsible party shall submit to the department, upon request, any of the following information specified by the department:

(1) The name, address, and telephone number of the responsible party and the name and telephone number of the party's designated contact person;

(2) Any claim of confidentiality made pursuant to Env- C 208;

(3) For each product subject to Env-A 4105:

a. The product brand name;

b. The product label;

c. The product category to which the consumer product belongs;

d. The applicable product form(s) listed separately; and

e. An identification of the product as a household product, institutional product, or both;

(4) Separate New Hampshire sales in pounds per year, to the nearest pound, and the method used to calculate New Hampshire sales for each product form;

(5) For information submitted by multiple companies, an identification of each company that is submitting relevant data separate from that submitted by the responsible party, provided that all information from all companies shall be submitted by the date specified in this section;

(6) For each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one‑tenth of a percent (0.1%):

a. Total table B compounds;

b. Total LVP-VOCs that are not fragrances;

c. Total all other carbon-containing compounds that are not fragrances;

d. Total all non-carbon-containing compounds;

e. Total fragrance;

f. For products containing greater than 2% by weight fragrance:

i. The percent of fragrance that are LVP-VOCs; and

ii. The percent of fragrance that are all other carbon-containing compounds; and

g. Total paradichlorobenzene;

(7) For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following:

a. Each table B compound; and

b. Each LVP-VOC that is not a fragrance; and

(8) If the product includes a propellant, the following:

a. The weight percent comprised of propellant for each product; and

b. An identification of the type of propellant, such as Type A, Type B, Type C, or a blend of the different types.

(b) In addition to the requirements of (a)(7), above, the responsible party shall report or shall arrange to have reported to the department, the net percent by weight of each ozone‑depleting compound which is:

(1) Listed in Env-A 4105.07(a); and

(2) Contained in a product subject to registration under (a), above, in any amount greater than 0.1% by weight.

(c) All confidential information submitted by responsible parties pursuant to this section shall be handled in accordance with the procedures specified in Env- C 208.

History

#8439, eff 9-24-05; ss by #10527, eff 2-26-14 (from Env-A 4105.01); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4107.02 Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride {#sec-env-a-4107.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4107.02}

(a) The requirements of this section shall apply to all responsible parties for consumer products that are subject to table 4105-1 and energized electrical cleaners that contain 1.0% or more by weight, exclusive of the container or packaging, of perchloroethylene or methylene chloride.

(b) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in New Hampshire upon request within 90 days of written notice:

(1) The product brand name and a copy of the product label with legible usage instructions;

(2) The product category to which the consumer product belongs;

(3) The applicable product form(s) listed separately;

(4) For each product form listed in (3), above, the total sales in New Hampshire during the calendar year, to the nearest pound, exclusive of the container or packaging, and the method used for calculating the New Hampshire sales; and

(5) The weight percent, to the nearest 0.1%, of perchloroethylene and methylene chloride in the consumer product.

History

#10527, eff 2-26-14 (from Env-A 4105.02); ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4107.03 Calculating New Hampshire Sales {#sec-env-a-4107.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4107.03}

If direct sales data for New Hampshire are not available, sales may be estimated by prorating national or regional sales data by population.

History

#10527, eff 2-26-14 (from Env-A 4105.03); ss by #13969, eff 5-21-24

Part Env-A 4108 Compliance Demonstrations

N.H. Code Admin. R. Ann. Env-A 4108.01 Methods of Demonstrating Compliance {#sec-env-a-4108.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4108.01}

Compliance with the requirements of this chapter shall be demonstrated by:

(a) Testing the product as specified in Env-A 4108.02(a); or

(b) Calculating the VOC content of the product as specified in Env-A 4108.04, based on the records required by Env-A 4108.03.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4108.02 Test Methods {#sec-env-a-4108.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4108.02}

(a) Unless otherwise specified in (b) through (d), below, testing to determine compliance with the requirements of this chapter shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, as amended on August 1, 2022, available as noted in Appendix B.

(b) Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90, 2019 edition, available as noted in Appendix B.

(c) Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District (SCAQMD) Test Protocol Rule 1174 Ignition Method Compliance Certification Protocol, dated February 28, 1991, available as noted in Appendix B.

(d) Testing to determine distillation points of petroleum distillate‑based charcoal lighter materials shall be performed using ASTM D86-23ae1, 2024 edition, available as noted in Appendix B.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4108.03 Records Required for Calculating VOC Content {#sec-env-a-4108.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4108.03}

(a) In order to demonstrate compliance by calculating the VOC content, the product manufacturer shall maintain accurate manufacturing records for each day of production of the product, as described in (b), below.

(b) The manufacturing records shall:

(1) Document the chemical composition of the individual product constituents and the amount of each constituent used; and

(2) Be retained for not less than 3 years.

(c) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4108.04 Calculating VOC Content {#sec-env-a-4108.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4108.04}

(a) For purposes of the calculation described in (b), below, the following shall apply:

(1) “A” means the total weight of a unit of product, excluding container and packaging;

(2) “B” means the total weight of all VOCs per unit of product; and

(3) “C” means the total weight of all exempted VOCs per unit of product.

(b) VOC content shall be calculated by subtracting the total weight of VOCs exempted under Env-A 4101.04 per unit of product from the total weight of all VOCs per unit of product, dividing the resultant figure by the total weight of unit excluding container and packaging, and multiplying the result by 100, as shown in the formula below:

VOC Content = { ( B - C ) / A } x 100

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4108.05 Resolution of Conflict Between Testing and Calculation {#sec-env-a-4108.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4108.05}

If calculations based on product records appear to demonstrate compliance with applicable VOC limits but the results are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

Part Env-A 4109 Innovative Products; Alternative Compliance Plans

N.H. Code Admin. R. Ann. Env-A 4109.01 Exemptions Recognized {#sec-env-a-4109.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4109.01}

(a) Any manufacturer of a consumer product that has been granted an innovative products exemption or alternative compliance plan by CARB or the air pollution agency of another state and EPA shall be exempt from table 4105-1 in Env-A 4105.01(a) for the period of time that the innovative products exemption or alternative compliance plan remains in effect, provided that:

(1) Each consumer product used for emission credits is subject to a limit specified in table 4105-1 in Env-A 4105.01(a); and

(2) The VOC content limit promulgated for the consumer product in the innovative products exemption or alternative compliance plan is equal to or more stringent than the most stringent applicable VOC content limit in table 4105-1 in Env-A 4105.01(a).

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4109.02 Alternative Test Procedures Recognized {#sec-env-a-4109.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4109.02}

A manufacturer of a consumer product that has received approval from CARB or the air pollution agency of another state and EPA to use an alternate test procedure may use the alternate test procedure in lieu of the test method specified in Env-A 4108, provided that the alternate method accurately determines the VOC concentration in the product or its emissions.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

N.H. Code Admin. R. Ann. Env-A 4109.03 Documentation of Alternate Approval Required {#sec-env-a-4109.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4109.03}

A manufacturer claiming to have an exemption or plan as specified in Env-A 4109.01 or an alternate test method as specified in Env-A 4109.02 shall submit to the department at the time the claim is made a copy of the exemption decision, plan, or alternate test method decision, including all conditions applicable to the exemption decision, plan, or alternate test method decision established by the issuing air pollution agency.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-A 4100

RSA 125-C:6, XVII; RSA 485:16-c

Env-A 4101-Env-A 4103

RSA 125-C:2, V-c; RSA 125-C:6, XVII; RSA 485:16-c

Env-A 4104-Env-A 4109

RSA 125-C:6, XVII; RSA 125-C:4, I-b; RSA 485:16-c

Appendix B: Incorporation by Reference Information

Rule

Title (Date)

Source

Env-A 4108.02(a)

CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products (August 1, 2022 )

California Air Resources Board

1001 “I” Street; P.O. Box 2815

Sacramento, CA 95814

Download at no charge from: https://ww2.arb.ca.gov/sites/default/files/2022-10/CARB_Method310_MLD_SAS_08012022.pdf

ASTM International

100 Barr Harbor Drive, PO Box C700

West Conshohocken, PA, 19428-2959

Env-A 4108.02(b)

ASTM D4359-90, Standard Test Method for Determining Whether a Material is Liquid or Solid (2019)

Purchase for $55at:

http://www.astm.org/Standards/D4359.htm

Env-A 4108.02(d)

ASTM D86-23ae1, Standard Test Method for Distillation of Petroleum Products and Liquid Fuelsat Atmospheric Pressure

(2024)

Purchase for $90 at:

http://www.astm.org/Standards/D86.htm

Env-A 4108.02(c)

South Coast Air Quality Management District (SCAQMD) Test Protocol Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991)

South Coast Air Quality Management District

21865 Copley Drive

Diamond Bar, CA 91765

Download at no charge from: r1174_protocol.pdf (aqmd.gov)

Appendix C: Statutory Definitions

RSA 125-C:2

RSA 430:29

XXVI. “Pesticide” means:

(a) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(b) Any chemical or biological agent, or substance or mixture of substances of such agents, intended to control a pest or for use as a plant regulator, defoliant, or desiccant.

Appendix D: Federal Definitions that appear in Env-A 4100

40 CFR §59.202:

Aerosol cooking spray means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be directly applied on food for the purpose of reducing sticking on cooking and baking surfaces, or both.

Aerosol product means a product characterized by a pressurized spray system that dispenses product ingredients in aerosol form by means of a propellant (i.e., a liquefied or compressed gas that is used in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container) or mechanically induced force. “Aerosol product” does not include pump sprays.

Agricultural use means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage, or processing of any animal or plant crop. “Agricultural use” does not include the sale or use of pesticides in properly labeled packages or containers that are intended for:

(1) Household use;

(2) Use in structural pest control; or

(3) Institutional use.

All other forms means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, “all other forms” include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

Automotive windshield washer fluid means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. “Automotive windshield washer fluid” does not include fluids placed by the manufacturer in a new vehicle.

Bathroom and tile cleaner means a product designed to clean tile or surfaces in bathrooms. “Bathroom and tile cleaner” does not include products specifically designed to clean toilet bowls or toilet tanks.

Charcoal lighter material means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. “Charcoal lighter material” does not include any of the following:

(1) Electrical starters and probes;

(2) Metallic cylinders using paper tinder;

(3) Natural gas; and

(4) Propane.

Consumer means any person who purchases or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not “consumers” of that product.

Container or packaging means the part or parts of the consumer product that serve only to contain, enclose, incorporate, deliver, dispense, wrap, or store the chemically formulated substance or mixture of substances that is solely responsible for accomplishing the purposes for which the product was designed or intended. “Container or packaging” includes any article onto or into which the principal display panel is incorporated, etched, printed, or attached.

Crawling bug insecticide means any insecticide product that is designed for use against crawling arthropods including, but not limited to, ants, cockroaches, mites (but not house dust mites), silverfish, or spiders. “Crawling bug insecticide” does not include products for agricultural use or products designed to be used exclusively on humans or animals.

Double-phase aerosol air freshener means an aerosol air freshener with liquid contents in two or more distinct phases that requires the product container to be shaken before use to mix the phases, producing an emulsion.

Dusting aid means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone-based coating. “Dusting aid” does not include products that consist entirely of compressed gases for use in electronic or other specialty areas.

Engine degreaser means a cleaning product designed to remove grease, grime, oil, and other contaminants from the external surfaces of engines and other mechanical parts. “Engine degreaser” does not include any solvent used in parts washing equipment, or any solvent use regulated under 40 CFR part 63, subpart T (halogenated solvent NESHAP).

Flea and tick insecticide means any insecticide product that is designed for use against fleas, ticks, and their larvae, or their eggs. “Flea and tick insecticide” does not include products that are designed to be used exclusively on humans or animals or their bedding.

Flexible flooring material means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

Floor polish or wax means a wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. “Floor polish or wax” does not include “spray buff products,” products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to 40 CFR part 59, subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings.

Floor seam sealer means any low viscosity specialty adhesive used in small quantities for the sole purpose of bonding adjoining rolls of installed flexible sheet flooring or to fill any minute gaps between and adjoining rolls.

Gel means a colloid in which the dispersed phase has combined with the continuous phase to produce a semisolid material, such as jelly.

Glass cleaner means a cleaning product designed primarily for cleaning surfaces made of glass. Glass cleaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment, and photocopying machines.

Hair mousse means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

Hair styling gel means a high-viscosity, often gelatinous product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure.

Hairspray means a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure to impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.

High-volatility organic compound or HVOC means any organic compound that exerts a vapor pressure greater than 80 millimeters of mercury when measured at 20 degrees Celsius.

Household product means any consumer product that is primarily designed to be used inside or outside of living quarters or residences, including the immediate surroundings, that are occupied or intended for occupation by individuals.

Household use means use of a product in a home or its immediate environment.

Industrial use means use for, or in, a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites.

Insecticide fogger means any insecticide product designed to release all or most of its content as a fog or mist into indoor areas during a single application. Foggers may target a variety of pests including (but not limited to) fleas and ticks, crawling insects, lawn and garden pests, and flying insects. Foggers are not subject to the specific VOC limitations or other categories of insecticides list in table 1 of this subpart.

Institutional product means a consumer product that is designed for use in the maintenance or operation of an establishment that manufactures, transports, or sells goods or commodities, or provides services for profit; or is engaged in the nonprofit promotion of a particular public, educational, or charitable cause. “Establishments” include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. “Institutional product” does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities that are produced by the establishment.

Label means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product package for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

Laundry prewash means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance.

Laundry starch product means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp look and may also facilitate ironing of the fabric. “Laundry starch product” includes, but it not limited to, fabric finish, sizing, and starch.

Lawn and garden insecticide means an insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.

Nail polish remover means a product designed to remove nail polish or coatings from fingernails or toenails.

Nonresilient flooring means floor of a mineral content that is not flexible. “Nonresilient flooring” includes, but is not limited to, terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

Principal display panel(s) means that part, or those parts, of a label that are so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the “principal display panel” shall pertain to all such “principal display panels.”

Pump spray means a packaging system in which the product ingredients are expelled only while a pumping action is applied to a button, trigger, or other actuator. Pump spray product ingredients are not under pressure.

Shaving cream means an aerosol product that dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system in the removal of facial or other body hair.

Single-phase aerosol air freshener means an aerosol air freshener with liquid contents in a single homogeneous phase that does not require that the product container be shaken before use.

Spray buff product means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

Structural waterproof adhesive means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 (Type 1, Grade A), and MIL-A-4605 (Type A, Grade A and Grade C).

Usage directions means the text or graphics on the consumer product's label or accompanying literature that describes to the end user how and in what quantity the product is to be used.

Wasp and hornet insecticide means any insecticide product that is designed for use against wasps, hornets, yellow jackets, or bees by allowing the user to spray a high-volume directed stream or burst from a safe distance at the intended pest or its hiding place.

Wood floor wax means wax-based products for use solely on wood floors.

History

#10527, eff 2-26-14; ss by #13969, eff 5-21-24

Chapter Env-A 4200 Architectural and Industrial Maintenance Coatings

Part Env-A 4201 Purpose, Applicability, and Exemptions

N.H. Code Admin. R. Ann. Env-A 4201.01 Purpose {#sec-env-a-4201.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4201.01}

The purpose of this chapter is to limit emissions of volatile organic compounds (VOCs) by requiring reductions in the VOC content of architectural and industrial maintenance (AIM) coatings as required by NH Laws of 2004, 175:1, I.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4201.02 Applicability {#sec-env-a-4201.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4201.02}

Except as provided in Env-A 4201.03, or unless waived pursuant to Env-A 205, this chapter shall apply to:

(a) Any person who sells, supplies, offers for sale, repackages for sale, blends, or manufactures any AIM coating for use in New Hampshire; and

(b) Any person who applies or solicits the application of any AIM coating in New Hampshire.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4201.03 Exemptions {#sec-env-a-4201.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4201.03}

This chapter shall not apply to:

(a) Any AIM coating that is supplied, sold, offered for sale, or manufactured for use outside of New Hampshire or for shipment to other manufacturers for reformulation or repackaging for ultimate sale only outside of New Hampshire;

(b) Any aerosol coating product; or

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

Part Env-A 4202 Definitions

N.H. Code Admin. R. Ann. Env-A 4202.01 Adhesive {#sec-env-a-4202.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.01}

“Adhesive” means any chemical substance that is applied for the purpose of bonding 2 surfaces together other than by mechanical means.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(a)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.02 Aerosol coating product {#sec-env-a-4202.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.02}

“Aerosol coating product” means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic marking applications.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(b)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.03 Antenna coating {#sec-env-a-4202.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.03}

“Antenna coating” means a coating formulated and labeled exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(c)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.04 Antifouling coating {#sec-env-a-4202.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.04}

“Antifouling coating” means a coating that is:

(a) Formulated and labeled for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms; and

(b) Registered as an antifouling coating with the state under RSA 430:36 and with the United States Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§136 et seq.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(d)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.05 Appurtenance {#sec-env-a-4202.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.05}

“Appurtenance” means an accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to bathroom and kitchen fixtures, cabinets, catwalks and fire escapes, concrete forms, doors, elevators, fences, fixed ladders, hand railings, lampposts, partitions, pipes and piping systems, rain gutters and downspouts, stairways, window screens, and heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(e)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.06 Architectural coating {#sec-env-a-4202.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.06}

“Architectural coating” means a coating formulated to be applied at the site of installation to stationary structures or their appurtenances, portable buildings, pavements, or curbs, excluding adhesives and coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(f)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.07 Bitumens {#sec-env-a-4202.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.07}

“Bitumens” means black or brown materials that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal, such as asphalt, tar, pitch, and asphaltite.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(g)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.08 Bituminous roof coating {#sec-env-a-4202.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.08}

“Bituminous roof coating” means a coating that incorporates bitumens and is formulated and labeled exclusively for roofing.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(h)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.09 Bituminous roof primer {#sec-env-a-4202.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.09}

“Bituminous roof primer” means a primer that incorporates bitumens and is formulated and labeled exclusively for roofing.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(i)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.10 Bond breaker {#sec-env-a-4202.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.10}

“Bond breaker” means a coating formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(j)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.11 Calcimine recoater {#sec-env-a-4202.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.11}

“Calcimine recoater” means a flat solvent-borne coating formulated and labeled specifically for recoating calcimine painted ceilings and other calcimine painted substrates.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(k)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.12 Clear brushing lacquers {#sec-env-a-4202.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.12}

“Clear brushing lacquers” means a clear wood finish, excluding clear lacquer sanding sealers, that is formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, and is intended exclusively for application by brush.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(l)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.13 Clear wood coating {#sec-env-a-4202.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.13}

“Clear wood coating” means clear and semi‑transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202. 01(m)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.14 Coating {#sec-env-a-4202.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.14}

“Coating” means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes, including but not limited to paints, varnishes, sealers, and stains.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(n)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.15 Colorant {#sec-env-a-4202.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.15}

“Colorant” means a concentrated pigment dispersion in water, solvent, and binder that is added to an architectural coating after packaging in sale units to produce the desired color.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(o)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.16 Concrete curing compound {#sec-env-a-4202.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.16}

“Concrete curing compound” means a coating formulated and labeled for application to freshly poured concrete to retard the evaporation of water.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(p)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.17 Concrete surface retarder {#sec-env-a-4202.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.17}

“Concrete surface retarder” means a mixture of retarding ingredients, such as extender pigments, primary pigments, resins, and solvents, that interacts chemically with the concrete to which it is applied to prevent hardening on the surface, allowing the retarded surface concrete to be washed away to create an exposed aggregate finish.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(q)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.18 Conversion varnish {#sec-env-a-4202.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.18}

“Conversion varnish” means a clear acid-curing coating comprising an alkyd or other resin blended with amino resins and supplied as a single or 2-component product, formulated for professional application to wood flooring to produce a hard, durable, clear finish.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(r)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.19 Dry fog coating {#sec-env-a-4202.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.19}

“Dry fog coating” means a coating formulated and labeled only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(s)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.20 Exempt compound {#sec-env-a-4202.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.20}

“Exempt compound” means a compound excluded under the definition of VOC in Env-A 100.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(t)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.21 Faux finishing coating {#sec-env-a-4202.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.21}

“Faux finishing coating” means a coating formulated as a stain or a glaze to create artistic effects, including but not limited to dirt, old age, smoke damage, marble, and wood grain.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(u)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.22 Fire-resistive coating {#sec-env-a-4202.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.22}

“Fire-resistive coating” means an opaque coating formulated and labeled to protect structural integrity by increasing the fire endurance of the interior or exterior structural materials to which it is

applied, including but not limited to steel, that has been fire-tested and rated by an independent third party in accordance with the ASTM test method required by the state building code, ASTM test method E119-00a, and approved by state building code officials for use in New Hampshire to bring assemblies of structural materials into compliance with state building code requirements.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(v)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.23 Fire-retardant coating {#sec-env-a-4202.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.23}

“Fire-retardant coating” means a coating formulated and labeled to retard ignition and flame spread, that has been fire tested and rated by an independent third party in accordance with the ASTM test method required by the state building code, ASTM test method E84-04, and approved by state building code officials for use in New Hampshire to bring building and construction materials into compliance with state building code requirements.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(w)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.24 Flat coating {#sec-env-a-4202.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.24}

“Flat coating” means a coating that is not otherwise defined in this part and that, when tested in accordance with ASTM test method D523-89, as revised in 1999, registers a gloss of less than 15 on an 85 degree gloss meter or less than 5 on a 60 degree gloss meter.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(x)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.25 Floor coating {#sec-env-a-4202.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.25}

“Floor coating” means an opaque coating formulated for application to areas that will be subjected to foot traffic, including but not limited to decks, porches, garage floors, and steps.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(y)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.26 Flow coating {#sec-env-a-4202.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.26}

“Flow coating” means a coating formulated and labeled exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(z)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.27 Form-release compound {#sec-env-a-4202.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.27}

“Form-release compound” means a coating formulated and labeled for application to a form to prevent the freshly poured concrete from bonding to the form.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(aa)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.28 Formulation data {#sec-env-a-4202.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.28}

“Formulation data” means a list of the materials used to create a coating based on information from the coating manufacturer rather than on information from a coating test method used after the product is manufactured, which can include information on density, VOC content, and coating solids content.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ab)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.29 Graphic arts coating or sign paint {#sec-env-a-4202.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.29}

“Graphic arts coating or sign paint” means a coating formulated and labeled for hand-application by artists using brush or roller techniques to indoor and outdoor signs, excluding structural components, and to murals. The term includes letter enamels, poster colors, copy blockers, and bulletin enamels.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ac)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.30 High temperature coating {#sec-env-a-4202.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.30}

“High temperature coating” means a high performance coating formulated and labeled for application to substrates exposed continuously or intermittently to temperatures above 204°C, equivalent to 400°F.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ad)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.31 Impacted immersion coating {#sec-env-a-4202.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.31}

“Impacted immersion coating” means a high performance maintenance coating formulated and labeled for application to steel structures that are subject to immersion in turbulent, debris-laden water. The term includes coatings that are specifically resistant to high-energy impact damage caused by floating ice or debris.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ae)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.32 Industrial maintenance coating {#sec-env-a-4202.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.32}

(a) Immersion in water, wastewater, or chemical solutions, aqueous and non-aqueous solutions, or chronic exposures of interior surfaces to moisture condensation;

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(d) Repeated or frequent heavy abrasion, including mechanical wear and repeated or frequent scrubbing with industrial solvents, cleansers, or scouring agents; or

(e) Exposure of metal structures and structural components to exterior conditions.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(af)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.33 Label {#sec-env-a-4202.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.33}

“Label” means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product package for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ag)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.34 Lacquer {#sec-env-a-4202.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.34}

“Lacquer” means a clear or opaque wood coating comprising cellulosic or synthetic resins that is formulated to dry by evaporation without chemical reaction and to provide a solid, protective film.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ah)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.35 Low solids coating {#sec-env-a-4202.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.35}

“Low solids coating” means a coating containing 0.12 kilogram or less of solids per liter of coating material, equivalent to one pound or less of solids per gallon of coating material.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ai)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.36 Magnesite cement coating {#sec-env-a-4202.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.36}

“Magnesite cement coating” means a coating formulated and labeled for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(aj)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.37 Manufacturer {#sec-env-a-4202.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.37}

“Manufacturer” means a person who manufactures, imports, assembles, processes, produces, packages, repackages, or relabels a product.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ak)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.38 Mastic texture coating {#sec-env-a-4202.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.38}

“Mastic texture coating” means a coating that is formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least 10 mils dry film thickness, equivalent to 0.010 inch dry film thickness.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(al)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.39 Metallic pigmented coating {#sec-env-a-4202.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.39}

“Metallic pigmented coating” means a coating that, when tested in accordance with South Coast Air Quality Management District (SCAQMD) method 318-95, is determined to contain at least 48 grams per liter as applied, equivalent to 0.4 pounds per gallon as applied, of elemental metallic pigment, mica particles, or any combination of metallic pigments and mica particles.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(am)); ss by #14202, eff 2-26-25;

N.H. Code Admin. R. Ann. Env-A 4202.40 Multi-color coating {#sec-env-a-4202.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.40}

“Multi-color coating” means a coating that is formulated to exhibit more than one color when applied in a single coat and is packaged in a single container.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(an)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.41 Non-flat coating {#sec-env-a-4202.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.41}

“Non-flat coating” means a coating that is not otherwise defined in this chapter and that, when tested in accordance with ASTM test method D523-89, as revised in 1999, registers a gloss of 15 or greater on an 85 degree gloss meter or 5 or greater on a 60 degree gloss meter.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ao)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.42 Non-flat high gloss coating {#sec-env-a-4202.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.42}

“Non-flat high gloss coating” means a non-flat coating that, when tested in accordance with ASTM test method D523-89, as revised in 1999, registers a gloss of 70 or above on a 60 degree gloss meter.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ap)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.43 Non-industrial use {#sec-env-a-4202.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.43}

“Non-industrial use” means any use of architectural coatings other than in the construction or maintenance of any of the following:

(a) Facilities used in the manufacturing of goods and commodities;

(b) Transportation infrastructure, including highways, bridges, airports, or railroads;

(d) Utilities infrastructure, including power generation or distribution systems; and

(e) Water treatment or distribution systems.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(aq)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.44 Nuclear coating {#sec-env-a-4202.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.44}

“Nuclear coating” means a protective coating formulated and labeled to seal porous surfaces that otherwise would be subject to intrusions by radioactive materials, such as steel or concrete, that is determined by its manufacturer to be:

(a) Resistant to long-term, cumulative radiation exposure using ASTM test method D4082-02;

(b) Able to be decontaminated by methods that are standard practices within the industry; and

(c) Resistant to various chemicals to which the coating is likely to be exposed using ASTM test method D3912-95, as revised in 2001.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ar)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.45 Post-consumer coating {#sec-env-a-4202.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.45}

“Post-consumer coating” means a finished coating other than manufacturing wastes that has completed its usefulness to a consumer and is recovered from or otherwise diverted from the waste stream for the purpose of recycling.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(as)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.46 Pre-treatment wash primer {#sec-env-a-4202.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.46}

“Pre-treatment wash primer” means a primer that is formulated and labeled for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats, that when tested in accordance with ASTM test method D1613-03 contains a minimum of 0.5 percent acid by weight.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(at)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.47 Primer {#sec-env-a-4202.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.47}

“Primer” means a coating formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(au)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.48 Quick-dry enamel {#sec-env-a-4202.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.48}

“Quick-dry enamel” means a non-flat coating that is formulated to:

(a) Be applied directly from the container under normal conditions with ambient temperatures between 16 and 27°C, equivalent to 60 and 80°F;

(b) Set to touch in 2 hours or less, be tack free in 4 hours or less, and dry hard in 8 hours or less by the mechanical method when tested in accordance with ASTM test method D1640-03; and

(c) Register a dried film gloss of 70 or above on a 60 degree gloss meter, when tested in accordance with ASTM test method D523-89, as revised in 1999.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(av)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.49 Quick-dry primer, sealer, or undercoater {#sec-env-a-4202.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.49}

“Quick-dry primer, sealer, or undercoater” means a primer, sealer, or undercoater that, when tested by its manufacturer using ASTM test method D1640-03, is dry to the touch in 30 minutes and can be re-coated in 2 hours.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01 (aw)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.50 Recycled coating {#sec-env-a-4202.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.50}

“Recycled coating” means an architectural coating formulated such that not less than 50% of the total weight consists of secondary coating and post-consumer coating, with not less than 10% of the total weight consisting of post-consumer coating.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ax)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.51 Residential use {#sec-env-a-4202.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.51}

“Residential use” means use in an area where people reside, dwell, or lodge, including but not limited to single- and multiple-family dwellings, condominiums, mobile homes, manufactured housing, apartment complexes, motels, and hotels.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ay)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.52 Roof coating {#sec-env-a-4202.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.52}

“Roof coating” means a non-bituminous coating formulated and labeled exclusively for application to roofs for the purpose of preventing penetration of the substrate by water, reflecting heat and ultraviolet radiation, or both.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(az)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.53 Rust preventative coating {#sec-env-a-4202.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.53}

“Rust preventative coating” means a coating formulated for non-industrial use to prevent the corrosion of metal surfaces.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(ba)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.54 Sanding sealer {#sec-env-a-4202.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.54}

“Sanding sealer” means a clear or semi-transparent wood coating formulated and labeled for application to bare wood to seal the wood and to provide a coat that can be sanded to create a smooth surface for subsequent applications of coatings.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bb)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.55 Sealer {#sec-env-a-4202.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.55}

“Sealer” means a coating formulated for application to a substrate to prevent subsequent coatings from being absorbed by the substrate or to prevent harm to subsequent coatings by materials in the substrate.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bc)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.56 Secondary coating {#sec-env-a-4202.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.56}

“Secondary coating” means any coating or fragment of coating that results as a by-product from a manufacturing process which has converted resources into a commodity. The term does not include excess virgin resources not used in the manufacturing process.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bd)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.57 Shellac {#sec-env-a-4202.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.57}

“Shellac” means a clear or opaque coating comprised solely of the resinous secretions of the lac beetle (Laccifier lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01 (be)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.58 Shop application {#sec-env-a-4202.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.58}

“Shop application” means the application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repair process.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bf)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.59 Solicit {#sec-env-a-4202.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.59}

“Solicit” means to require for use or to specify the use of by written or oral contract.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bg)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.60 Specialty primer, sealer, or undercoater {#sec-env-a-4202.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.60}

“Specialty primer, sealer, or undercoater” means a coating that is formulated and labeled for application to a substrate to seal fire, smoke, or water damage, to block stains, or to condition excessively chalky surfaces, meaning those surfaces that have a chalk rating of 4 or less as determined by its manufacturer or producer using ASTM test method D4214-98.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bh)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.61 Stain {#sec-env-a-4202.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.61}

“Stain” means a clear, semi-transparent, or opaque coating formulated and labeled to change the color of a surface, but not conceal the surface’s grain pattern or texture.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bi)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.62 Supplier {#sec-env-a-4202.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.62}

“Supplier” means a manufacturer of, distributor of, or retail outlet for AIM coatings. The term does not include any centralized supply facility on a military installation that provides AIM coatings for use only on that installation.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bj)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.63 Swimming pool coating {#sec-env-a-4202.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.63}

“Swimming pool coating” means a coating formulated and labeled to coat the interior of swimming pools and to resist swimming pool chemicals.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bk)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.64 Swimming pool repair and maintenance coating {#sec-env-a-4202.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.64}

“Swimming pool repair and maintenance coating” means a rubber-based coating formulated and labeled to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bl)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.65 Temperature-indicator safety coating {#sec-env-a-4202.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.65}

“Temperature-indicator safety coating” means a coating formulated and labeled as a color-changing indicator that is:

(a) Used to monitor the temperature and safety of a substrate, underlying piping, or underlying equipment; and

(b) Applied to substrates exposed continuously or intermittently to temperatures above 204°C, equivalent to 400°F.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bm)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.66 Thermoplastic rubber coating and mastic {#sec-env-a-4202.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.66}

“Thermoplastic rubber coating and mastic” means a coating or mastic formulated and labeled for application to roofing or other structural surfaces that incorporates no less than 40 percent by weight of thermoplastic rubbers in total resin solids and might also contain other ingredients, including but not limited to fillers, pigments, and modifying resins.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bn)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.67 Thinning recommendation {#sec-env-a-4202.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.67}

“Thinning recommendation” means:

(a) For coatings manufactured before January 1, 2007, the manufacturer’s thinning instructions either on the container label, in literature describing the product, or on the manufacturer's website; and

(b) For coatings manufactured on or after January 1, 2007, the manufacturer’s thinning instructions on the coating container’s label or lid.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bo)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.68 Tint base {#sec-env-a-4202.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.68}

“Tint base” means an architectural coating intended to be sold after a colorant is added to an individual sale unit to produce a desired color.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bp)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.69 Traffic marking coating {#sec-env-a-4202.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.69}

“Traffic marking coating” means a coating formulated for marking lanes and symbols on streets, highways, and other surfaces associated therewith, including but not limited to curbs, berms, driveways, sidewalks, airport runways, and parking lots.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bq)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.70 Undercoater {#sec-env-a-4202.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.70}

“Undercoater” means a coating formulated and labeled to provide a smooth surface for subsequent coatings.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(br)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.71 Varnish {#sec-env-a-4202.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.71}

“Varnish” means a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry, by chemical reaction, on exposure to air. Varnishes can contain small amounts of pigment to color a surface or to control the final sheen or gloss of the finish.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bs)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.72 Volatile organic compound (VOC) {#sec-env-a-4202.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.72}

“Volatile organic compound (VOC)” means “volatile organic compound (VOC)”as defined in Env-A 100.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bt)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.73 VOC content {#sec-env-a-4202.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.73}

“VOC content” means the weight of VOCs in grams per volume of coating in liters, calculated in accordance with Env-A 4206.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bu)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.74 VOC content limit {#sec-env-a-4202.74 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.74}

“VOC content limit” means the maximum allowable VOC content established for a coating category.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bv)); ss by #14202, 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.75 Waterproofing concrete/masonry sealer {#sec-env-a-4202.75 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.75}

“Waterproofing concrete/masonry sealer” means a clear or pigmented film-forming coating that is formulated and labeled for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bw)); ss by #14202, 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.76 Waterproofing sealer {#sec-env-a-4202.76 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.76}

“Waterproofing sealer” means a coating formulated and labeled for application to a porous substrate for the primary purpose of preventing the penetration of water.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(bx)); ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4202.77 Wood preservative coating {#sec-env-a-4202.77 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4202.77}

“Wood preservative coating” means a coating registered under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§136 et seq., that is formulated and labeled to protect exposed wood from decay or insect attack.

History

#8695, eff 7-27-06, ss by #10736, eff 1-1-15 (formerly Env-A 4202.01(by)); ss by #14202, eff 2-26-25

Part Env-A 4203 Standards

N.H. Code Admin. R. Ann. Env-A 4203.01 VOC Content Limits {#sec-env-a-4203.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.01}

(a) Except as provided in Env-A 4201.02(b) and Env-A 4201.03, the limits in Table 4203-1 in (b), below, shall apply to any AIM coating that any person:

(1) Manufactures, blends, or repackages for sale within New Hampshire;

(2) Supplies, sells, or offers for sale within New Hampshire; or

(3) Solicits for application or applies within New Hampshire.

(b) The VOC content limits that apply to any coating that is subject to (a), above, shall be as set forth in Table 4203-1, below:

Table 4203-1: VOC Content Limits for AIM Coatings

Coating Category

VOC Content Limit

Flat Coatings

100

Non-Flat Coatings

150

Non-Flat – High Gloss Coatings

250

Specialty Coatings

Antenna Coatings

530

Antifouling Coatings

400

Bituminous Roof Coatings

300

Bituminous Roof Primers

350

Bond Breakers

350

Calcimine Recoaters

475

Clear Wood Coatings

Clear Brushing Lacquers

680

Lacquers (including lacquer sanding sealers)

550

Sanding Sealers (other than lacquer sealers)

350

Varnishes

350

Conversion Varnishes

725

Concrete Curing Compounds

350

Concrete Surface Retarders

780

Dry Fog Coatings

400

Faux Finishing Coatings

350

Fire-Resistive Coatings

350

Fire-Retardant Coatings

Clear

650

Opaque

350

Floor Coatings

250

Flow Coatings

420

Form-Release Compounds

250

Graphic Arts Coatings, including Sign Paint

500

High-Temperature Coatings

420

Industrial Maintenance Coatings

340

Impacted Immersion Coatings

780

Low Solids Coatings

See (c), below

Magnesite Cement Coatings

450

Mastic Texture Coatings

300

Metallic Pigmented Coatings

500

Multi-Color Coatings

250

Nuclear Coatings

450

Pre-Treatment Wash Primers

420

Primers, Sealers, and Undercoaters

200

Quick-Dry Enamels

250

Quick-Dry Primers, Sealers, and Undercoaters

200

Recycled Coatings

250

Roof Coatings

250

Rust Preventative Coatings

400

Shellacs

Clear

730

Opaque

550

Specialty Primers, Sealers, and Undercoaters

350

Stains

250

Swimming Pool Coatings

340

Swimming Pool Repair and Maintenance Coatings

340

Temperature-Indicator Safety Coatings

550

Thermoplastic Rubber Coatings and Mastic

550

Traffic Marking Coatings

150

Waterproofing Sealer

250

Waterproofing Concrete/Masonry Sealer

400

Wood Preservatives

350

(c) The VOC content limit for low solids coatings shall be 120 grams of VOC per liter of coating, including water and exempt compounds.

(d) To determine the applicable coating category in Table 4203-1, above, the following shall apply:

(1) Metallic pigmented roof coatings that meet the definition of metallic pigmented coatings shall be considered metallic pigmented coatings, which are allowed 500 grams VOC per liter coating, thinned to the manufacturer’s maximum specifications, not roof coatings, which are allowed only 250 grams VOC per liter coating, thinned to the manufacturer’s maximum specifications; and

(2) A sanding sealer that meets the definition of a lacquer shall be considered a lacquer, which is allowed 550 grams VOC per liter coating, thinned to the manufacturer’s maximum specifications, not a sanding sealer, which is allowed only 350 grams VOC per liter coating, thinned to the manufacturer’s maximum specifications.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.02 Most Restrictive VOC Content Limit {#sec-env-a-4203.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.02}

(a) Subject to (b), below, if any representation is made anywhere on the container of an AIM coating, on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on the manufacturer’s behalf that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 4203-1, above, then the most restrictive applicable VOC content limit shall apply.

(b) If an AIM coating is represented as any of the following, then the VOC content limit for that use shall apply:

(1) Antenna coating;

(2) Antifouling coating;

(3) Bituminous roof primer;

(4) Calcimine recoater;

(5) Fire-retardant coating;

(6) Flow coating;

(7) High-temperature coating;

(8) Impacted immersion coating;

(9) Industrial maintenance coating;

(10) Lacquer coating, including lacquer sanding sealer;

(11) Low-solids coating;

(12) Metallic pigmented coating;

(13) Nuclear coating;

(14) Pretreatment wash primer;

(15) Shellac;

(16) Specialty primer, sealer, and undercoater;

(17) Temperature-indicator safety coating;

(18) Thermoplastic rubber coatings and mastic; and

(19) Wood preservative coating.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.03 Painting Practices {#sec-env-a-4203.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.03}

(a) The following containers shall be closed when not in use:

(1) Those containers used in the direct application of an AIM coating by pouring, siphoning, brushing, rolling, padding, ragging, or other means; and

(2) Those containers of VOC-containing materials used for thinning and cleanup.

(b) AIM coating containers shall include, but are not limited to, drums, buckets, cans, pails, or trays.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.04 Thinning {#sec-env-a-4203.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.04}

No person shall apply or solicit the application of any AIM coating that has been thinned to the extent that it exceeds the manufacturer’s thinning recommendation or the applicable VOC content limit specified in Env-A 4203.01(b), Table 4203-1.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.05 Rust Preventative Coatings {#sec-env-a-4203.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.05}

No person shall apply or solicit the application of any rust preventative coating for industrial use unless the coating complies with the industrial maintenance coating VOC content limit specified in Env-A 4203.01(b), Table 4203-1.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.06 Coatings Not Listed in Table 4203-1 {#sec-env-a-4203.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.06}

For any AIM coating that does not meet any of the definitions for the specialty coatings categories listed in Env-A 4203.01(b), Table 4203-1, the VOC content limit shall be determined by:

(a) Classifying the coating as a flat coating or a non-flat coating based on its gloss; and

(b) Applying the corresponding flat or non-flat coating limit.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4203.07 Lacquers {#sec-env-a-4203.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4203.07}

Notwithstanding Env-A 4203.01, any person or facility may add up to 10 percent by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70 percent and temperature below 65°F at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

Part Env-A 4204 Container Labeling Requirements

N.H. Code Admin. R. Ann. Env-A 4204.01 Container Labeling Requirements {#sec-env-a-4204.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4204.01}

Each manufacturer of any AIM coating subject to this chapter shall display the information listed in Env-A 4204.02 through Env-A 4204.05 on the coating container or container label in which the coating is sold or distributed.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4204.02 Date Code {#sec-env-a-4204.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4204.02}

(a) The manufacturer shall include the date an AIM coating was manufactured, or a date code representing the date, on the label, lid, or bottom of the container.

(b) If the manufacturer uses a date code for any AIM coating, the manufacturer shall file an explanation of each code with the department at least 30 days prior to making the product available in the state of New Hampshire for the first time.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4204.03 Thinning Recommendations {#sec-env-a-4204.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4204.03}

(a) Except for thinning of AIM coatings with water, the manufacturer’s recommendation regarding thinning of the coating shall be indicated on the label or lid of the container.

(b) If thinning of the AIM coating prior to use is not necessary, the manufacturer’s recommendation shall specify that the coating is to be applied without thinning.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4204.04 VOC Content {#sec-env-a-4204.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4204.04}

Each container of any AIM coating subject to this chapter shall display one or more of the following:

(a) The VOC content limit for the applicable coating category from Env-A 4203.01(b), Table 4203-1;

(b) The VOC content of the coating as supplied in grams of VOC per liter of coating, calculated in accordance with Env-A 4206; or

(c) The VOC content of the coating as applied in grams of VOC per liter of coating, when thinned according to the manufacturer’s recommendations, calculated in accordance with Env-A 4206.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4204.05 Specific Labeling Requirements {#sec-env-a-4204.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4204.05}

In addition to the requirements specified in Env-A 4204.02, Env-A 4204.03, and Env-A 4204.04, each manufacturer of the following products subject to this chapter shall prominently display on the label or lid of the container in which the coating is sold or distributed the following descriptions:

(a) For industrial maintenance coatings, one or more of the following:

(1) “For industrial use only”;

(2) “For professional use only”;

(3) “Not for residential use”; or

(4) “Not intended for residential use”;

(b) For clear brushing lacquers, the words “Clear brushing lacquer”, “For brush application only”, and “This product may not be thinned or sprayed”;

(d) For specialty primers, sealers, and undercoaters, one or more of the following descriptions, as applicable:

(1) “For blocking stains”;

(2) “For fire-damaged substrates”;

(3) “For smoke-damaged substrates”;

(4) “For water-damaged substrates”; or

(5) “For excessively chalky substrates”;

(e) For quick-dry enamels, the words “Quick-dry” and the dry hard time; and

(f) For non-flat high-gloss coatings, the words “High gloss”.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

Part Env-A 4205 Recordkeeping and Reporting Requirements

N.H. Code Admin. R. Ann. Env-A 4205.01 Record Retention Requirements {#sec-env-a-4205.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4205.01}

The manufacturer of an AIM coating that is subject to a VOC content limit in Table 4203-1 shall keep records demonstrating compliance with those limits for a period of at least 5 years from the date of manufacture of said coating.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4205.02 Information Required {#sec-env-a-4205.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4205.02}

The records specified in Env-A 4205.01 shall include the following information for each product:

(a) The product name as shown on the product label and sales literature;

(b) The product’s identifying number, if applicable;

(d) The chemical abstract service (CAS) number of each VOC constituent in the product;

(e) The date of each VOC content determination; and

(f) The coating category and applicable VOC limit as specified in Table 4203-1.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4205.03 Response to Department Requests {#sec-env-a-4205.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4205.03}

(a) During an investigation or for an inspection by the department, a manufacturer shall provide the following information upon written request from the department:

(1) The name and mailing address of the manufacturer;

(2) The name, address, and daytime telephone number of a contact person;

(3) The name of the AIM coating as it appears on the label and the coating category in Table 4203-1 under which it is regulated;

(4) Whether the coating is marketed for interior or exterior use, or both;

(5) The number of gallons of coating sold in New Hampshire during the specified time period in containers greater than 1 liter;

(6) The number of gallons of coating sold in New Hampshire during the specified time period in containers of 1 liter or less;

(7) The VOC content calculated pursuant to Env-A 4206 and the VOC content limit from Env-A 4203.01(b), Table 4203-1, in grams per liter;

(8) The VOC content calculated pursuant to Env-A 4206 and the VOC content limit from Env-A 4203.01(b), Table 4203-1, in grams per liter after recommended thinning;

(9) The name and CAS number of each VOC in the coating; and

(10) The name and CAS number of each exempt compound in the coating.

(b) The information shall be provided within a time period that reflects the volume and availability of the records requested and is agreed upon by the department and the manufacturer.

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

Part Env-A 4206 Compliance; Test Methods

N.H. Code Admin. R. Ann. Env-A 4206.01 Calculation of VOC Content {#sec-env-a-4206.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4206.01}

(a) To determine compliance with Env-A 4203.01, the VOC content of an AIM coating shall be determined using the procedures specified in (d) and (e), below.

(b) The VOC content of a tint base shall be determined without the colorant that is added after the tint base is manufactured.

(1) “Ws” means total weight of volatiles, in grams;

(2) “Ww” means weight of water, in grams;

(3) “Wec” means weight of exempt compounds, in grams;

(4) “Vm” means volume of coating, in liters;

(5) “Vw” means volume of water, in liters; and

(6) “Vec” means volume of exempt compounds, in liters.

(d) Except as specified in (e), below, the VOC content shall be calculated after thinning to the manufacturer’s maximum recommendation by subtracting the weight of water minus the weight of exempt compounds from the weight of VOCs and dividing that result by the result of subtracting the volume of water minus the volume of exempt compounds from the volume of coating, as in the formula below:

VOC Content = (Ws - Ww - Wec) / (Vm - Vw - Vec)

(e) For low solids coatings, the VOC content shall be calculated after thinning to the manufacturer’s maximum recommendation by subtracting the weight of water minus the weight of exempt compounds from the weight of volatiles and dividing the result by the volume of coating, as in the formula below:

VOC Content (low solids) = (Ws – Ww - Wec) / Vm

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

N.H. Code Admin. R. Ann. Env-A 4206.02 Test Methods {#sec-env-a-4206.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4206.02}

(a) To determine the physical properties of an AIM coating in order to perform the calculations in Env-A 4206.01, the manufacturer shall:

(1) Use EPA Method 24 as described in 40 CFR 60, Appendix A-7, August 8, 2023, available as noted in Appendix B;

(2) Use South Coast Air Quality Management District (SCAQMD) method 304-91, February 1996, available as noted in Appendix B; or

(3) Provide specific formulation data.

(b) The manufacturer shall determine the exempt compounds content using SCAQMD method 303-91, revised in February 1993, available as noted in Appendix B.

(c) If there are any inconsistencies between the results of EPA Method 24 and any other means for determining VOC content, the EPA Method 24 result shall be used.

(d) The manufacturer shall use the following test methods:

(1) ASTM test method E84-04, 2017, available as noted in Appendix B, to determine the flame spread index of a fire-retardant coating;

(2) ASTM test method E119-00a, 2017, available as noted in Appendix B, to determine the fire-resistance rating of a fire-resistive coating;

(3) ASTM test method D523-89, 2012, available as noted in Appendix B, to determine the gloss of a coating;

(4) SCAQMD method 318-95, July 1996, available as noted in Appendix B, to determine the metallic content of a coating;

(5) ASTM test method D1613-03, 2017, available as noted in Appendix B, to determine the acid content of a coating;

(6) ASTM test method D1640M-14, available as noted in Appendix B, 2022, to determine the set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating;

(7) The Mechanical Test Method of ASTM test method D1640M-14, 2022, available as noted in Appendix B, to determine the tack free time of a quick-dry enamel coating;

(8) ASTM test method D4214-07, available as noted in Appendix B, 2015, to determine the chalkiness of a surface;

(9) Bay Area Air Quality Management District (BAAQMD) method 43, May 18, 2025, available as noted in Appendix B, to analyze exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes;

(10) BAAQMD method 41, available as noted in Appendix B, May 18, 2025, to analyze the exempt compound parachlorobenzotrifluoride; and

(11) 40 CFR 59, Subpart D, Appendix A, June 30,1999, available as noted in Appendix B, to determine the VOC content of methacrylate multi-component coatings used as traffic marking coatings.

Appendix A: State Statutes/Laws Implemented

Rule Section(s)

State Statutes/Laws Implemented

Env-A 4200

RSA 125-C:6, II & XVII; RSA 485:16-c; 2004, 175:1

Appendix B: Incorporation by Reference Information

Rule

Title (Date)

Source

Env-A 4206.02(a)(1)

EPA Method 24 as described in 40 CFR 60, Appendix A-7

Download at no charge from (starting on page 68):

CFR-2023-title40-vol9-part60-appA-id14.pdf (govinfo.gov)

ASTM International

100 Barr Harbor Drive, PO Box C700

West Conshohocken, PA, 19428-2959

Env-A 4206.02(d)(1)

ASTM E84-04

Purchase for $91 at:

E84 Standard Test Method for Surface Burning Characteristics of Building Materials (astm.org)

Env-A 4206.02(d)(2)

ASTM E119-00a

Purchase for $119 at:

E119 Standard Test Methods for Fire Tests of Building Construction and Materials (astm.org)

Env-A 4206.02(d)(3)

ASTM D523-89 (1999)

Purchase for $83 at:

D523 Standard Test Method for Specular Gloss (astm.org)

Env-A 4206.02(d)(5)

ASTM D1613-03

Purchase for $73 at:

D1613 Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products (astm.org)

Env-A 4206.02(d)(6) & (7)

ASTM D1640M-14

Purchase for $61 at:

D1640/D1640M Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings (astm.org)

Env-A 4206.02(d)(8)

ASTM D4214-07

Purchase for $69 at:

D4214 Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films (astm.org)

Env-A 4206.02(a)(2)

South Coast Air Quality Management District (SCAQMD) Method 304-91

South Coast Air Quality Management District

21865 Copley Drive

Diamond Bar, CA 91765

Download at no charge from:

Methods & Procedures (aqmd.gov)

Env-A 4206.02(b)

SCAQMD Method 303-91, revised in February 1993

Env-A 4206.02(d)(4)

SCAQMD Method 318-95

Env-A 4206.02(d)(9)

BAAQMD Method 43

Bay Area Air Quality Management District

375 Beale Street, Suite 600

San Francisco, CA 94105

Download at no charge from:

Manual of Procedures (baaqmd.gov)

or directly at:

https://www.baaqmd.gov/~/media/Files/Records/MOP/vol%203/MOP-43.ashx?la=en

https://www.baaqmd.gov/~/media/Files/Records/MOP/vol%203/MOP-41.ashx?la=en

Env-A 4206.02(d)(10)

BAAQMD Method 41

Env-A 4206.02(d)(11)

40 CFR 59, Subpart D, Appendix A

Download at no charge from:

eCFR :: Appendix A to Subpart D of Part 59, Title 40 -- Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings

History

#8695, eff 7-27-06; ss by #10736, eff 1-1-15; ss by #14202, eff 2-26-25

Chapter Env-A 4300 Other Solid Waste Incineration

Part Env-A 4301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 4301.01 Purpose {#sec-env-a-4301.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4301.01}

The purpose of this chapter is to establish operating and performance standards for existing solid waste incineration units with the capacity to combust less than 35 tons per day of solid waste, referred to by the U.S. Environmental Protection Agency (US EPA) as Other Solid Waste Incineration (OSWI) units. This rule is required by 40 CFR part 60, subpart FFFF.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4301.02 Applicability {#sec-env-a-4301.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4301.02}

This chapter shall apply to all existing OSWI units, as defined in Env-A 4302.02, and their owners and operators.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

Part Env-A 4302 References and Definitions

N.H. Code Admin. R. Ann. Env-A 4302.01 References {#sec-env-a-4302.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4302.01}

For the purpose of this chapter, unless otherwise specified all references to 40 CFR 60 shall be to 40 CFR part 60, subpart FFFF published July 1, 2007.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4302.02 Definitions {#sec-env-a-4302.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4302.02}

For the purposes of this chapter:

(a) The definitions in 40 CFR §60.2991 through §60.2994 shall apply to all existing OSWI units;

(b) “Existing other solid waste incinerator (existing OSWI) unit” means a waste incinerator with a combustion capacity less than 35 tons per day of solid waste for which construction was commenced on or before December 9, 2004;

(c) “Institutional waste incinerator (IWI)” means an incineration unit located at an institutional facility burning institutional waste as defined in 40 CFR §60.3078;

(d) “Very small municipal waste incinerator (VSMWI)” means an incineration unit with a combustion capacity less than 35 tons per day burning municipal solid waste (MSW) as defined in 40 CFR §60.3078; and

(e) “Waste management plan” means a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

Part Env-A 4303 Emission Limits

N.H. Code Admin. R. Ann. Env-A 4303.01 Emission Limits For Existing OSWI Units {#sec-env-a-4303.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4303.01}

(a) Subject to (b), below, the emission limits for existing OSWI units shall be as specified in Table 4303-1, below, for the listed air pollutants or parameters and all OSWI technologies:

Table 4303-1: Emission Limits for All Existing OSWI Units

Pollutant/Parameter

Emission Limits ^a

Averaging Time

Compliance Determination ^{b, c}

Cadmium (Cd)

18 micrograms per dry standard cubic meter (μg/dscm)

3-run average (1 hour minimum sample run time)

EPA Method 29

Carbon Monoxide (CO)

40 parts per million dry volume (ppmdv)

3-run average (1 hour minimum sample run time), and 12-hour rolling averages measured using CEMS

EPA Methods 10, 10A or 10B

Dioxins/Furans, total mass basis

33 nanograms per dry standard cubic meter (ng/dscm)

3-run average (1 hour minimum sample run time)

EPA Method 23

Hydrogen Chloride (HCl)

15 ppmdv

3-run average (1 hour minimum sample run time)

EPA Method 26A

Lead (Pb)

226 μg/dscm

3-run average (1 hour minimum sample run time)

EPA Method 29

Mercury (Hg)

74 μg/dscm

3-run average (1 hour minimum sample run time)

EPA Method 29

Opacity

10 percent

6-minute average (observe over three 1-hour test runs)

EPA Method 9

Oxides of Nitrogen (NOx)

103 ppmdv

3-run average (1 hour minimum sample run time)

EPA Methods 7, 7A, 7C, 7D or 7E ^d

Particulate Matter (PM)

0.013 grains per dry standard cubic foot (gr/dscf)

3-run average (1 hour minimum sample run time)

EPA Methods 5 or 29

Sulfur Dioxide (SO2)

3.1 ppmdv

3-run average (1 hour minimum sample run time)

EPA Method 6 or 6C ^e

(b) The following notes shall apply to Table 4303-1:

(1) The letter “a” shall indicate that all emission limits except opacity are measured at 7 percent oxygen, dry basis at standard conditions;

(2) The letter “b” shall indicate that these methods are found in 40 CFR part 60, appendix A;

(3) The letter “c” shall indicate that compliance with the CO emission limit is determined on a 12-hour rolling average basis using continuous emission monitoring system data;

(4) The letter “d” shall indicate that ANSI/ASME PTC 19.10-1981-Part 10 is an acceptable alternative to Methods 7 and 7C only; and

(5) The letter “e” shall indicate that ANSI/ASME PTC 19.10-1981-Part 10 is an acceptable alternative to Method 6 only.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

Part Env-A 4304 Operating Requirements

N.H. Code Admin. R. Ann. Env-A 4304.01 Operating Practices for Existing OSWI Units {#sec-env-a-4304.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4304.01}

The owner or operator of an existing OSWI unit using a wet scrubber to control emissions shall comply with the operating practices specified in Table 4304-1, below:

Table 4304-1: Operating Practices for Existing OSWI Units

Operating Parameters

Operating Limits

Continuous Monitoring Recording Times

Charge rate

Maximum charge rate

Every hour

Pressure drop across the wet scrubber, or amperage to the wet scrubber

Minimum pressure drop or amperage

Every 15 minutes

Scrubber liquor flow rate

Minimum flow rate

Every 15 minutes

Scrubber liquor pH

Minimum pH

Every 15 minutes

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4304.02 Compliance Determinations {#sec-env-a-4304.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4304.02}

(a) Subject to (b), below, compliance with the operating practices specified in Table 4304-1 shall be determined on a 3-hour rolling average basis.

(b) Charge rate for batch incinerators shall be determined on a calendar-day 24-hour basis.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4304.03 Operator Training {#sec-env-a-4304.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4304.03}

(a) Operator training for OSWI units shall be obtained through the state program specified in Env-Sw 1600 and as specified in 40 CFR §60.3014 through §60.3018.

(b) At least one employee or supervisor of an OSWI unit shall complete the operator training course required by (a), above.

(c) An employee or supervisor specified in (b), above, shall complete the training course specified in (a), above, by the date the employee assumes responsibility for operating the OSWI unit or assumes responsibility for supervising the operation of the OSWI unit.

(d) An employee or supervisor specified in (b), above, shall complete an annual review or refresher course as specified in Env-Sw 1600.

History

#10765, eff 1-22-15 (from Env-A 4305.01); ss by #14248, eff 5-20-25, EXPIRES: 5-20-35;

N.H. Code Admin. R. Ann. Env-A 4304.04 Waste Management Plan {#sec-env-a-4304.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4304.04}

The owner or operator of an OSWI unit shall prepare a waste management plan as described in 40 CFR §§ 60.3010, 60.3011, and 60.3012.

History

#10765, eff 1-22-15 (formerly Env-A 4306.01); ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4304.05 Title V Operating Permit Required. {#sec-env-a-4304.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4304.05}

The owner or operator of an existing OSWI unit subject to this chapter shall apply for and obtain a title V operating permit, in accordance with Env-A 609 and 40 CFR §60.3059.

History

#14248, eff 5-20-25, EXPIRES: 5-20-35

Part Env-A 4305 Monitoring and Testing; Reporting and Recordkeeping

N.H. Code Admin. R. Ann. Env-A 4305.01 Testing Required {#sec-env-a-4305.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4305.01}

The owner or operator shall conduct initial and subsequent performance testing at each existing OSWI unit for which the owner or operator is responsible to determine compliance with the emissions limits specified in Table 4303-1 and pursuant to Env-A 800.

History

#8787, eff 1-5-07; ss by #10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4305.02 Methods and Schedules for Performance and Compliance Testing {#sec-env-a-4305.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4305.02}

Performance testing at all existing OSWI units shall be conducted:

(a) On the schedule in 40 CFR §§60.3033 through 60.3035; and

(b) In accordance with 40 CFR §60.3027.

History

#10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4305.03 Continuous Monitoring {#sec-env-a-4305.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4305.03}

(a) The owner or operator of an existing OSWI unit shall comply with the continuous emission monitoring requirements in 40 CFR §§60.3038 through 60.3044.

(b) Continuous emission monitoring data gathered at all existing OSWI units shall be used to determine compliance with carbon monoxide emissions limits specified in Table 4303-1.

(c) Continuous monitoring data gathered at all existing OSWI units shall be used to determine compliance with operating parameters specified in Table 4304-1.

History

#10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. Env-A 4305.04 Reporting and Recordkeeping Requirements {#sec-env-a-4305.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4305.04}

The owner or operator of an existing OSWI unit shall comply with the reporting and recordkeeping requirements specified in 40 CFR §60.3019, §60.3020, and §60.3046 through §60.3057.

APPENDIX

Rule

State or Federal Statute or Federal Regulation Implemented

Env-A 4300

RSA 125-C:4, I(a); 42 U.S.C. §7429(b); 40 CFR part 60, subpart FFFF

Env-A 4301

RSA 125-C:6; 42 U.S.C. §7429(b); 40 CFR §§60.2980 and 60.2981

Env-A 4302

RSA 125-C:6; 42 U.S.C. §7429(b); 40 CFR §§60.2991 - 60.2994 and §60.3078

Env-A 4303

RSA 125-C:4, I(a); 42 U.S.C. §7429(b); 40 CFR §§60.3022 - 60.3024; table 2 to 40 CFR part 60, subpart FFFF

Env-A 4304.01

RSA 125-C:6; 42 U.S.C. §7429(b); table 3 to 40 CFR part 60, subpart FFFF and §60.3023

Env-A 4304.02

RSA 125-C:6; 42 U.S.C. §7429(b); table 3 to 40 CFR part 60, subpart FFFF and §60.3023

Env-A 4304.03

RSA 125-C:6; 42 U.S.C. §7429(b); 40 CFR §§60.3014 - 60.3018

Env-A 4304.04

RSA 125-C:6; 42 U.S.C. §7429(b); 40 CFR §§60.3010 - 60.3012

Env-A 4304.05

RSA 125-C:11, I-a; 42 U.S.C. §7661a; 40 CFR §70.3; 40 CFR §60.3059

Env-A 4305.01-Env-A 4305.03

RSA 125-C:6, XI.; 42 U.S.C. §7429(b); 40 CFR §§60.3027 - 60.3044

Env-A 4305.04

RSA 125-C:6, XI; 42 U.S.C. §7429(b); 40 CFR §60.3019; 40 CFR §60.3020; 40 CFR §§60.3046 - 60.3057

History

#10765, eff 1-22-15; ss by #14248, eff 5-20-25, EXPIRES: 5-20-35

Chapter Env-A 4600 Carbon Dioxide (co2) Budget Trading Program

Part Env-A 4601 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-A 4601.01 Purpose {#sec-env-a-4601.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4601.01}

The purpose of this chapter is to establish the New Hampshire CO2 Budget Trading Program in accordance with RSA 125-O:21-29. The program is designed to stabilize and then reduce anthropogenic emissions of CO2, a greenhouse gas, from CO2 budget sources in the state in an economically efficient manner.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4601.02 Applicability {#sec-env-a-4601.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4601.02}

(a) The provisions of this chapter shall apply to any unit that, at any time on or after January 1, 2005, serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe, except for a unit that combusts eligible biomass at a rate of 95% of the annual heat input on a BTU basis per calendar year. Any source that includes one or more such units shall be considered a CO2 budget source as defined in Env-A 4602.

(b) For a unit that is a CO2 budget unit under (a), above, on the date the unit begins to commence commercial operation, such date remains the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered.

(c) For a unit that is not yet a CO2 budget unit under (a), above, on the date the unit begins to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, the date the unit becomes a CO2 budget unit under (a), above, is the unit’s date of commencement of commercial operation.

(d) For a unit that is a CO2 budget unit under (a), above, on the date of commencement of operation, such date remains the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered.

(e) For a unit that is not a CO2 budget unit under (a), above, on the date of commencement of operation, the date the unit becomes a CO2 budget unit under (a), above, is the unit's date of commencement of operation.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4602 Definitions

N.H. Code Admin. R. Ann. Env-A 4602.01 Account number {#sec-env-a-4602.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.01}

“Account number” means the identification number given by the regional organization to each CO2 allowance tracking system account as defined in Env-A 4602.20.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.02); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.02 Acid rain emissions limitation {#sec-env-a-4602.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.02}

“Acid rain emissions limitation” means “Acid rain emissions limitation” as defined in 40 CFR 72.2. The term establishes a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under title IV of the Clean Air Act.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #10468, eff 1-1-14 (from Env-A 4602.03); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.03 Acid Rain Program {#sec-env-a-4602.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.03}

“Acid Rain Program” means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator of the U.S. Environmental Protection Agency (EPA) under title IV of the CAA and 40 CFR Parts 72 through 78.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.04); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.04 Adjusted budget {#sec-env-a-4602.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.04}

“Adjusted budget” means the maximum number of budget allowances available for allocation in a given allocation year. The adjusted budget is determined in accordance with Env-A 4606.03 through Env-A 4606.07. The term includes “New Hampshire CO2 budget trading program adjusted budget.”

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.05 Allocation {#sec-env-a-4602.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.05}

“Allocation” means the determination and transfer by the department pursuant to Env-A 4606 of the number of CO2 allowances to be recorded in:

(a) The compliance account of a CO2 budget unit;

(b) An allocation set-aside account;

(d) The general account of the sponsor of an approved CO2 emissions offset project.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.06 Allocation year {#sec-env-a-4602.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.06}

“Allocation year” means a calendar year for which the department allocates CO2 allowances pursuant to Env-A 4606. The allocation year of each CO2 allowance is reflected in the unique identification number given to the allowance pursuant to Env-A 4607.08(b).

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.07 Allowance auction {#sec-env-a-4602.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.07}

“Allowance auction” means an auction in which the department or the regional organization offers CO2 allowances for sale. The term includes “auction”.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.08 Alternate CO2 authorized account representative (Alternate CO2 AAR) {#sec-env-a-4602.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.08}

“Alternate CO2 authorized account representative (Alternate CO2 AAR)” means, for a CO2 budget source and each CO2 budget unit at the source, the individual who is authorized by the owner(s) or operator(s) of the source and all CO2 budget units at the source, in accordance with the provisions of Env-A 4604, to represent and legally bind each owner and operator in matters pertaining to the CO2 budget trading program or, for a general account, the individual who is authorized under Env-A 4607 to transfer or otherwise dispose of CO2 allowances held in the general account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.07); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.09 Attribute {#sec-env-a-4602.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.09}

“Attribute” means a characteristic associated with electricity generated using a particular renewable fuel, such as its generation date, facility geographic location, unit vintage, emissions output, fuel, state program eligibility, or other characteristic that can be identified, accounted for, and tracked.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.08); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.10 Attribute credit {#sec-env-a-4602.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.10}

“Attribute credit” means the attributes as defined in Env-A 4602.09 related to one megawatt-hour of electricity generation.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.09); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.11 Automated data acquisition and handling system (DAHS) {#sec-env-a-4602.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.11}

“Automated data acquisition and handling system (DAHS)” means that component of the continuous emissions monitoring system, or other emissions monitoring system approved for use under Env-A 4609, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Env-A 4609.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.10); ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.12 Banked allowance {#sec-env-a-4602.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.12}

“Banked allowance” means an allowance that is unused and held in a general or compliance account. The term does not include allowances held in an account opened by participating states.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.11); ss by #12967, eff 1-1-20 (from Env-A 4602.13)

N.H. Code Admin. R. Ann. Env-A 4602.13 Base budget {#sec-env-a-4602.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.13}

“Base budget” means the annual number of tons of CO2 budget allowances available in New Hampshire for allocation in a given allocation year, in accordance with the CO2 budget trading program, as specified in Env-A 4606.01, prior to any adjustment made pursuant to Env-A 4606.03 through Env-A 4606.07. The term includes “New Hampshire CO2 budget trading program base budget” but does not include CO2 offset allowances allocated to project sponsors or CO2 CCR allowances offered for sale at an auction.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.14)

N.H. Code Admin. R. Ann. Env-A 4602.14 Boiler {#sec-env-a-4602.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.14}

“Boiler” means an enclosed combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.15)

N.H. Code Admin. R. Ann. Env-A 4602.15 Budget allowance {#sec-env-a-4602.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.15}

“Budget allowance” means “budget allowance” as defined in RSA 125-O:20, II. The term does not include an offset allowance, CO2 cost containment reserve allowance, or an early reduction allowance.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.12); ss by #12967, eff 1-1-20 (from Env-A 4602.16)

N.H. Code Admin. R. Ann. Env-A 4602.16 CO2 allowance {#sec-env-a-4602.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.16}

“CO2 allowance” means “RGGI allowance” as defined in RSA 125-O:20, XV. The term includes budget allowances, offset allowances, CO2 CCR allowances, and early reduction allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.13); ss by #12967, eff 1-1-20 (from Env-A 4602.17)

N.H. Code Admin. R. Ann. Env-A 4602.17 CO2 allowance deduction {#sec-env-a-4602.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.17}

“CO2 allowance deduction” means the permanent withdrawal of CO2 allowances from a CO2 allowance tracking system compliance account as provided by this chapter or RSA 125-O:20-29.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #10468, eff 1-1-14 (from Env-A 4602.14); ss by #12967, eff 1-1-20 (from Env-A 4602.18)

N.H. Code Admin. R. Ann. Env-A 4602.18 CO2 allowances held {#sec-env-a-4602.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.18}

“CO2 allowances held” means the CO2 allowances recorded in accordance with Env-A 4607 and Env-A 4608 in a CO2 allowance tracking system account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.19)

N.H. Code Admin. R. Ann. Env-A 4602.19 CO2 allowance tracking system (COATS) {#sec-env-a-4602.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.19}

“CO2 allowance tracking system (COATS)” means the system by which the regional organization:

(a) Records allocations, deductions, and transfers of CO2 allowances under this chapter; and

(b) Tracks CO2 emissions offset projects, CO2 allowance prices, and emissions from affected sources.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.17); ss by #12967, eff 1-1-20 (from Env-A 4602.20)

N.H. Code Admin. R. Ann. Env-A 4602.20 CO2 allowance tracking system account {#sec-env-a-4602.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.20}

“CO2 allowance tracking system account” means an account in the CO2 allowance tracking system established by the regional organization for purposes of recording the allocation, holding, transferring, or deducting of CO2 allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.18); ss by #12967, eff 1-1-20 (from Env-A 4602.21)

N.H. Code Admin. R. Ann. Env-A 4602.21 CO2 allowance transfer deadline {#sec-env-a-4602.21 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.21}

“CO2 allowance transfer deadline” means midnight of the first day of March occurring after the end of the relevant control period and each relevant interim control period or, if that March 1 is not a business day, midnight of the first business day thereafter. The CO2 allowance transfer deadline is the deadline by which CO2 allowances must be submitted for recordation in a CO2 budget source’s compliance account in order to meet the source’s CO2 budget emissions limitation for the control period and each interim control period immediately preceding such deadline.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.22); ss by #12967, eff 1-1-20 (from Env-A 4602.22)

N.H. Code Admin. R. Ann. Env-A 4602.22 CO2 authorized account representative (CO2 AAR) {#sec-env-a-4602.22 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.22}

“CO2 authorized account representative (CO2 AAR)” means, for a CO2 budget source and each CO2 budget unit at that source, the individual who is legally authorized by the owner or operator of the source and all CO2 budget units at that source, in accordance with Env-A 4604, to represent and legally bind each owner and operator in matters pertaining to the provisions of this chapter or, for a general account, the individual who is authorized, under Env-A 4607, to request transfer or otherwise dispose of CO2 allowances held in the general account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.20); ss by #12967, eff 1-1-20 (from Env-A 4602.23)

N.H. Code Admin. R. Ann. Env-A 4602.23 CO2 budget emissions limitation {#sec-env-a-4602.23 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.23}

“CO2 budget emissions limitation” means, for a CO2 budget source, the number of allowances held by the CO2 budget source in a compliance account at the end of a control period or an interim control period equivalent to the tons of CO2 emissions in that control period or an interim control period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.21); ss by #12967, eff 1-1-20 (from Env-A 4602.24)

N.H. Code Admin. R. Ann. Env-A 4602.24 CO2 budget permit {#sec-env-a-4602.24 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.24}

“CO2 budget permit” means the portion of the legally binding permit issued by the department pursuant to Env-A 600 to a CO2 budget source or CO2 budget unit that specifies the CO2 budget trading program requirements applicable to the CO2 budget source, to each CO2 budget unit at the CO2 budget source, and to the owner or operator and the CO2 AAR of the CO2 budget source and each CO2 budget unit.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.23); ss by #12967, eff 1-1-20 (from Env-A 4602.25)

N.H. Code Admin. R. Ann. Env-A 4602.25 CO2 budget source {#sec-env-a-4602.25 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.25}

“CO2 budget source” means “affected CO2 source” as defined in RSA 125-O:20, I.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.24); ss by #12967, eff 1-1-20 (from Env-A 4602.25)

N.H. Code Admin. R. Ann. Env-A 4602.26 CO2 budget trading program {#sec-env-a-4602.26 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.26}

“CO2 budget trading program” means the CO2 air pollution control and emissions reduction program established pursuant to RSA 125-O and this chapter.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.26); ss by #12967, eff 1-1-20 (from Env-A 4602.27)

N.H. Code Admin. R. Ann. Env-A 4602.27 CO2 budget unit {#sec-env-a-4602.27 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.27}

“CO2 budget unit” means a unit that is subject to the CO2 budget trading program requirements under Env-A 4601.02.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.26); ss by #12967, eff 1-1-20 (from Env-A 4602.28)

N.H. Code Admin. R. Ann. Env-A 4602.28 CO2 offset allowance {#sec-env-a-4602.28 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.28}

“CO2 offset allowance” means “offset allowance” as defined in RSA 125-O:20, X.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.27); ss by #12967, eff 1-1-20 (from Env-A 4602.29)

N.H. Code Admin. R. Ann. Env-A 4602.29 Combined cycle system {#sec-env-a-4602.29 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.29}

“Combined cycle system” means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.28); ss by #12967, eff 1-1-20 (from Env-A 4602.30)

N.H. Code Admin. R. Ann. Env-A 4602.30 Combustion turbine {#sec-env-a-4602.30 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.30}

“Combustion turbine” means an enclosed device that is comprised of a compressor, if applicable, a combustor, and a turbine, in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.29); ss by #12967, eff 1-1-20 (from Env-A 4602.31)

N.H. Code Admin. R. Ann. Env-A 4602.31 Commenced commercial operation {#sec-env-a-4602.31 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.31}

“Commenced commercial operation” means to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.30); ss by #12967, eff 1-1-20 (from Env-A 4602.32)

N.H. Code Admin. R. Ann. Env-A 4602.32 Commence operation {#sec-env-a-4602.32 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.32}

“Commence operation” means to begin any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.31); ss by #12967, eff 1-1-20 (from Env-A 4602.33)

N.H. Code Admin. R. Ann. Env-A 4602.33 Compliance account {#sec-env-a-4602.33 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.33}

“Compliance account” means a CO2 allowance tracking system account, established by the regional organization for a CO2 budget source under Env-A 4607, in which the CO2 allowance allocations for the source are initially recorded, and in which are held CO2 allowances available for use by the source for a control period and each interim control period for the purpose of meeting the requirements of Env-A 4605.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.32); ss by #12967, eff 1-1-20 (from Env-A 4602.34)

N.H. Code Admin. R. Ann. Env-A 4602.34 Continuous emissions monitoring system (CEMS) {#sec-env-a-4602.34 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.34}

“Continuous emissions monitoring system (CEMS)” means a “continuous emissions monitoring system (CEMS)” as defined in Env-A 101.53. For the purposes of this chapter, this means the equipment required under Env-A 4609 to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes, using an automated DAHS as defined in Env-A 4602.11, a permanent record of, as applicable, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration, in a manner consistent with 40 CFR Part 75 and Env-A 4609.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.33); ss by #12967, eff 1-1-20 (from Env-A 4602.35)

N.H. Code Admin. R. Ann. Env-A 4602.35 Control period {#sec-env-a-4602.35 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.35}

“Control period” means “compliance period” as defined in RSA 125-O:20, IV.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff ; 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.23) ); ss by #12967, eff 1-1-20 (from Env-A 4602.36)

N.H. Code Admin. R. Ann. Env-A 4602.36 CO2 cost containment reserve allowance (CO2 CCR allowance) {#sec-env-a-4602.36 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.36}

“CO2 cost containment reserve allowance (CO2 CCR allowance)” means a CO2 allowance that is offered for sale at an auction, for the purpose of containing the cost of CO2 allowances as specified in RSA 125-O:29 and Env-A 4606.08. The term does not include CO2 allowances allocated from the CO2 budget trading program base budget.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.37)

N.H. Code Admin. R. Ann. Env-A 4602.37 Cost containment reserve trigger price (CCR trigger price) {#sec-env-a-4602.37 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.37}

“Cost containment reserve trigger price (CCR trigger price)” means the minimum price at which CO2 CCR allowances are offered for sale by the department or the regional organization at an auction as specified in RSA 125-O:29, I, as follows:

(a) $10.51 per CO2 allowance for calendar year 2019;

(b) $10.77 per CO2 allowance for calendar year 2020;

(d) 1.07 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent, for each calendar year thereafter.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.38); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.38)

N.H. Code Admin. R. Ann. Env-A 4602.38 Early reduction CO2 allowances (ERAs) {#sec-env-a-4602.38 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.38}

“Early reduction CO2 allowances (ERAs)” means “early reduction allowances” as defined in RSA 125-O:20, VII.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.39); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.39)

N.H. Code Admin. R. Ann. Env-A 4602.39 Eligible biomass {#sec-env-a-4602.39 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.39}

“Eligible biomass” means sustainably-harvested woody and herbaceous fuel sources that are available on a renewable or recurring basis, excluding old-growth timber, including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, unadulterated wood and wood residues, animal wastes, biogas, eligible liquid biofuels, and other clean organic wastes not mixed with other solid wastes. Eligible biomass includes biomass combusted at Schiller Station, as permitted effective March 7, 2006.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.37); ss by #12967, eff 1-1-20 (from Env-A 4602.40)

N.H. Code Admin. R. Ann. Env-A 4602.40 Eligible liquid biofuel {#sec-env-a-4602.40 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.40}

“Eligible liquid biofuel” means a combustible liquid, not derived from fossil fuel, that if not burned for fuel would be a waste or by-product, or that is produced from a waste or by-product.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.41)

N.H. Code Admin. R. Ann. Env-A 4602.41 Excess CO2 emissions {#sec-env-a-4602.41 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.41}

“Excess CO2 emissions” means tons of CO2 emitted by a CO2 budget source during a control period that exceeds the CO2 budget emissions limitation for the source.

History

#9283, INTERIM, eff 10-1-08, EXPIRES: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.39); ss by #12967, eff 1-1-20 (from Env-A 4602.42)

N.H. Code Admin. R. Ann. Env-A 4602.42 Excess interim CO2 emissions {#sec-env-a-4602.42 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.42}

“Excess interim CO2 emissions” means tons of CO2 emitted by a CO2 budget source during an interim control period in excess of the CO2 budget emissions limitation for the source, multiplied by 0.50.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.40); ss by #12967, eff 1-1-20 (from Env-A 4602.43)

N.H. Code Admin. R. Ann. Env-A 4602.43 First control period interim adjustment for banked allowances {#sec-env-a-4602.43 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.43}

“First control period interim adjustment for banked allowances” means a reduction of the total allocation of budget allowances in the CO2 budget trading program base budget for allocation years 2014 through 2020 equal to the total number of banked allowances allocated during allocation years 2009, 2010, and 2011, in excess of the aggregate quantity of CO2 emissions from all CO2 budget sources in all of the participating states in the first control period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.44)

N.H. Code Admin. R. Ann. Env-A 4602.44 Fossil fuel {#sec-env-a-4602.44 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.44}

“Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such materials.”

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.45)

N.H. Code Admin. R. Ann. Env-A 4602.45 Fossil fuel-fired {#sec-env-a-4602.45 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.45}

“Fossil fuel-fired” means:

(a) For a unit that commenced operation prior to January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 50 percent of the annual heat input on a BTU basis during any calendar year; or

(b) For a unit that commenced or commences operation on or after January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 5 percent of the annual heat input on a BTU basis during any calendar year.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.41); ss by #12967, eff 1-1-20 (from Env-A 4602.46)

N.H. Code Admin. R. Ann. Env-A 4602.46 General account {#sec-env-a-4602.46 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.46}

“General account” means a CO2 allowance tracking system account established under Env-A 4607 that is not a compliance account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.42); ss by #12967, eff 1-1-20 (from Env-A 4602.47)

N.H. Code Admin. R. Ann. Env-A 4602.47 Generator {#sec-env-a-4602.47 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.47}

“Generator” means a machine that converts mechanical energy into electrical energy.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.43); ss by #12967, eff 1-1-20 (from Env-A 4602.48)

N.H. Code Admin. R. Ann. Env-A 4602.48 Gross generation {#sec-env-a-4602.48 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.48}

“Gross generation” means the electrical output, in MWe, at the terminals of the generator.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.44); ss by #12967, eff 1-1-20 (from Env-A 4602.49)

N.H. Code Admin. R. Ann. Env-A 4602.49 Interim control period {#sec-env-a-4602.49 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.49}

“Interim control period” means a one-year control period that occurs in each of the first and second calendar years of each 3-year control period. The term includes the first interim control period, which begins on the same January 1 on which the 3-year period begins, and the second interim control period, which begins on the second January 1 of the 3-year period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.45); ss by #12967, eff 1-1-20 (from Env-A 4602.50)

N.H. Code Admin. R. Ann. Env-A 4602.50 Life-of-the-unit contractual arrangement {#sec-env-a-4602.50 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.50}

“Life-of-the-unit contractual arrangement” means a unit participation power sales agreement under which a customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and/or associated energy from any specified unit pursuant to a contract, for:

(a) The life of the unit;

(b) A cumulative term of no less than 30 years, including contracts that allow an election for early termination; or

(c) A period equal to or greater than 25 years or 70 percent of the useful economic life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.51)

N.H. Code Admin. R. Ann. Env-A 4602.51 Maximum design heat input {#sec-env-a-4602.51 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.51}

“Maximum design heat input” means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady-state basis, as determined by the physical design and physical characteristics of the unit.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.46); ss by #12967, eff 1-1-20 (from Env-A 4602.52)

N.H. Code Admin. R. Ann. Env-A 4602.52 Maximum potential hourly heat input {#sec-env-a-4602.52 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.52}

“Maximum potential hourly heat input” means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.48); ss by #12967, eff 1-1-20 (from Env-A 4602.53)

N.H. Code Admin. R. Ann. Env-A 4602.53 Minimum reserve price {#sec-env-a-4602.53 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.53}

“Minimum reserve price” means the minimum price for each CO2 allowance in a specific auction as follows:

(a) In calendar year 2014, $2.00; and

(b) In each calendar year thereafter, 1.025 multiplied by the minimum reserve price from the previous calendar year, rounded to the nearest whole cent.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.49); ss by #12967, eff 1-1-20 (from Env-A 4602.54)

N.H. Code Admin. R. Ann. Env-A 4602.54 Monitoring system {#sec-env-a-4602.54 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.54}

“Monitoring system” means any monitoring system that meets the requirements of Env-A 4609, including a continuous emissions monitoring system, a monitoring system having an exception under appendix D of 40 CFR part 75, or an alternative monitoring system.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.55)

N.H. Code Admin. R. Ann. Env-A 4602.55 Nameplate capacity {#sec-env-a-4602.55 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.55}

“Nameplate capacity” means the maximum electrical output, in MWe, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the U.S. Department of Energy standards.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.56); ss by #10468, eff 1-1-14 (from Env-A 4602.56); ss by #12967, eff 1-1-20 (from Env-A 4602.56)

N.H. Code Admin. R. Ann. Env-A 4602.56 Net electricity generation {#sec-env-a-4602.56 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.56}

“Net electricity generation” means the gross generation minus any electricity output consumed in any way to generate the electricity.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.57); ss by #10468, eff 1-1-14 (from Env-A 4602.51); ss by #12967, eff 1-1-20 (from Env-A 4602.57)

N.H. Code Admin. R. Ann. Env-A 4602.57 New Hampshire auction account (NHAA) {#sec-env-a-4602.57 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.57}

“New Hampshire auction account (NHAA)” means an account administered by the regional organization for purposes of auctioning CO2 budget allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.58); ss by #10468, eff 1-1-14 (from Env-A 4602.52); ss by #12967, eff 1-1-20 (from Env-A 4602.58)

N.H. Code Admin. R. Ann. Env-A 4602.58 NH origination account {#sec-env-a-4602.58 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.58}

“NH origination account” means a state account administered by the regional organization from which New Hampshire CO2 budget trading program base CO2 budget allowances shall be allocated.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.59); ss by #10468, eff 1-1-14 (from Env-A 4602.53); ss by #12967, eff 1-1-20 (from Env-A 4602.59)

N.H. Code Admin. R. Ann. Env-A 4602.59 Non-CO2 budget unit {#sec-env-a-4602.59 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.59}

“Non-CO2 budget unit” means a unit that does not meet the applicability criteria of Env-A 4601.02.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.60); ss by #10468, eff 1-1-14 (from Env-A 4602.55); ss by #12967, eff 1-1-20 (from Env-A 4602.60)

N.H. Code Admin. R. Ann. Env-A 4602.60 Offset allowance {#sec-env-a-4602.60 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.60}

“Offset allowance” means “offset allowance” as defined in RSA 125-O:20, X.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.61); ss by #10468, eff 1-1-14 (from Env-A 4602.56); ss by #12967, eff 1-1-20 (from Env-A 4602.61)

N.H. Code Admin. R. Ann. Env-A 4602.61 Owner or operator {#sec-env-a-4602.61 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.61}

“Owner or operator” means, for the purpose of this chapter, any person who:

(a) Owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly results or may result in emissions of CO2 from a CO2 budget source; or

(b) Purchases power from a CO2 budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the power from the unit.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.62); ss by #10468, eff 1-1-14 (from Env-A 4602.57); ss by #12967, eff 1-1-20 (from Env-A 4602.62)

N.H. Code Admin. R. Ann. Env-A 4602.62 Participating state {#sec-env-a-4602.62 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.62}

“Participating state” means a state, as defined in this part, that issues CO2 allowances pursuant to a program that the department determines is in accordance with RSA 125-O:20-29 or the RGGI program as defined in RSA 125-O:20, XII, including emissions limitations as documented by the regional organization.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.63); ss by #10468, eff 1-1-14 (from Env-A 4602.58); ss by #12967, eff 1-1-20 (from Env-A 4602.63)

N.H. Code Admin. R. Ann. Env-A 4602.63 Person {#sec-env-a-4602.63 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.63}

“Person” means “person” as defined by RSA 125-C:2, X, namely “any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.”

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4602.64); ss by #10468, eff 1-1-14 (from Env-A 4602.59); ss by #12967, eff 1-1-20 (from Env-A 4602.64)

N.H. Code Admin. R. Ann. Env-A 4602.64 Receive {#sec-env-a-4602.64 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.64}

“Receive” means, when referring to the regional organization or the department, that the regional organization or the department, as applicable, has come into possession of a document, information, or correspondence, whether sent in writing on paper or by authorized electronic transmission, as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the regional organization or the department, as applicable, in the regular course of business. The term includes “in receipt of.”

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.60); ss by #12967, eff 1-1-20 (from Env-A 4602.66)

N.H. Code Admin. R. Ann. Env-A 4602.65 Recordation {#sec-env-a-4602.65 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.65}

“Recordation” means, with regard to CO2 allowances, the movement of CO2 allowances by the regional organization from one CO2 allowance tracking system account to another, for purposes of allocation, transfer, or deduction. The term includes “record” when used as a verb and “recorded” as appropriate.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.61); ss by #12967, eff 1-1-20 (from Env-A 4602.67)

N.H. Code Admin. R. Ann. Env-A 4602.66 Regional organization {#sec-env-a-4602.66 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.66}

“Regional organization” means “regional organization” as defined in RSA 125-O:20, XIII, acting at the direction of the department.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.62); ss by #12967, eff 1-1-20 (from Env-A 4602.68)

N.H. Code Admin. R. Ann. Env-A 4602.67 Renewable energy {#sec-env-a-4602.67 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.67}

“Renewable energy” means electricity generated from sources that are not depleted by the generation of electricity, including but not limited to electricity generated from biomass, wind, solar, thermal, photovoltaic, geothermal, hydroelectric facilities certified by the Low Impact Hydropower Institute, wave and tidal action, and fuel cells powered by renewable fuels.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.63); ss by #12967, eff 1-1-20 (from Env-A 4602.69)

N.H. Code Admin. R. Ann. Env-A 4602.68 Reserve price {#sec-env-a-4602.68 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.68}

“Reserve price” means the minimum price for each CO2 allowance in a specific auction, as specified in Env-A 4800.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.64); ss by #12967, eff 1-1-20 (from Env-A 4602.70)

N.H. Code Admin. R. Ann. Env-A 4602.69 RGGI allowance {#sec-env-a-4602.69 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.69}

“RGGI allowance” means “RGGI allowance” as defined in RSA 125-O:20, XV.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.65); ss by #12967, eff 1-1-20 (from Env-A 4602.71)

N.H. Code Admin. R. Ann. Env-A 4602.70 Second control period interim adjustment for banked allowances {#sec-env-a-4602.70 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.70}

“Second control period interim adjustment for banked allowances” means a reduction of the total allocation of budget allowances in the CO2 budget trading program base budget for allocation years 2015 through 2020 equal to the total number of banked allowances allocated during allocation years 2012 and 2013, in excess of the aggregate quantity of CO2 emissions from all CO2 budget sources in all of the participating states in the second control period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.72)

N.H. Code Admin. R. Ann. Env-A 4602.71 Serial number {#sec-env-a-4602.71 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.71}

“Serial number” means, for CO2 allowances, the unique identification number assigned to each CO2 allowance by the regional organization under Env-A 4607.08(c).

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 14 (from Env-A 4602.66); ss by #12967, eff 1-1-20 (from Env-A 4602.73)

N.H. Code Admin. R. Ann. Env-A 4602.72 State {#sec-env-a-4602.72 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.72}

“State” means any of the 50 individual states of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.70); ss by #12967, eff 1-1-20 (from Env-A 4602.74)

N.H. Code Admin. R. Ann. Env-A 4602.73 Submit {#sec-env-a-4602.73 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.73}

“Submit” means to send or transmit a document, information, or correspondence to the person specified in the applicable regulation. The term includes “serve”.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.71); ss by #12967, eff 1-1-20 (from Env-A 4602.75)

N.H. Code Admin. R. Ann. Env-A 4602.74 Third adjustment for banked allowances {#sec-env-a-4602.74 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.74}

“Third adjustment for banked allowances” means an adjustment applied to the New Hampshire CO2 budget trading program base budget for allocation years 2021 through 2025 to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO2 budget trading program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO2 budget sources in all of the participating states at the end of the fourth control period in 2020 and as reflected in the CO2 allowance tracking system on March 15, 2021.

History

#12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4602.75 Ton {#sec-env-a-4602.75 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.75}

“Ton” means a short ton, which equals 2,000 pounds or 0.9072 metric tons. The term includes “tonnage”.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14 (from Env-A 4602.72); ss by #12967, eff 1-1-20 (from Env-A 4602.76)

N.H. Code Admin. R. Ann. Env-A 4602.76 Undistributed CO2 allowances {#sec-env-a-4602.76 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.76}

“Undistributed CO2 allowances” means CO2 budget allowances allocated to a set aside account in a given allocation year in accordance with RSA 125-O:22, VI or 125-O:25 that have not been distributed during that allocation year .

History

#10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4602.77)

N.H. Code Admin. R. Ann. Env-A 4602.77 Unit {#sec-env-a-4602.77 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.77}

“Unit” means, for the purposes of this chapter, a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

History

#10468, eff 1-1-14 (from Env-A 4602.73); ss by #12967, eff 1-1-20 (from Env-A 4602.78)

N.H. Code Admin. R. Ann. Env-A 4602.78 Unit operating day {#sec-env-a-4602.78 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.78}

“Unit operating day” means a calendar day in which a unit combusts any fuel.

History

#10468, eff 1-1-14 (from Env-A 4602.74); ss by #12967, eff 1-1-20 (from Env-A 4602.79)

N.H. Code Admin. R. Ann. Env-A 4602.79 Unsold allowance {#sec-env-a-4602.79 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4602.79}

“Unsold allowance” means a CO2 budget allowance that has been made available for sale in an auction conducted under Env-A 4800 but not sold.

History

#10468, eff 1-1-14 14 (from Env-A 4602.75); ss by #12967, eff 1-1-20 (from Env-A 4602.80)

Part Env-A 4603 Co2 Budget Permits

N.H. Code Admin. R. Ann. Env-A 4603.01 CO2 Budget Permit Required {#sec-env-a-4603.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4603.01}

(a) Each CO2 budget source shall have, or obtain, a permit from the department that is subject to the applicable permit requirements established in Env-A 600, including but not limited to:

(1) The permit reopening procedures for title V operating permits set forth in Env-A 609.19;

(2) The title V operating permit amendment, modification, and revision procedures set forth in Env-A 612;

(3) The permit notice and hearing procedures for title V operating permits set forth in Env-A 622;

(4) The permit amendment procedures for temporary permits and state permits to operate set forth in Env-A 612.04; and

(5) The permit notice and hearing procedures for temporary permits and state permits to operate set forth in Env-A 621.

(b) All determinations regarding alternative monitoring methodologies, as specified in Env-A 4609 and 40 CFR 75, shall be incorporated in a temporary permit, state permit to operate, or title V operating permit pursuant to the permit issuance, renewal, or significant permit modification procedures set forth in Env-A 612.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4603.02 Submission of CO2 Budget Permit {#sec-env-a-4603.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4603.02}

Information. For any existing CO2 budget source, the CO2 authorized account representative (CO2 AAR) shall:

(a) Submit to the department complete information requested in the notice of permit reopening for cause issued by the department in accordance with Env-A 609.19; and

(b) Submit in a timely manner any supplemental information that the department determines is necessary in order to review the CO2 budget permit and issue or deny a CO2 budget permit.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4603.03 Information Required for CO2 Budget Permit Applications {#sec-env-a-4603.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4603.03}

for New Budget Sources. A complete CO2 budget permit application shall be submitted as part of the temporary permit application in accordance with Env-A 600 for new units and include the following elements:

(a) Identification of the CO2 budget source, including plant name and the Office of Regulatory Information Systems (ORIS) code or facility code assigned to the source by the Energy Information Administration of the U.S. Department of Energy, if applicable;

(b) Identification of each CO2 budget unit at the CO2 budget source;

(d) All other information required pursuant to Env-A 600.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4603.04 Operating Permits {#sec-env-a-4603.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4603.04}

The operating permit for each budget source shall contain provisions for implementation of the CO2 budget trading program, as follows:

(a) The requirement that each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under Env-A 4605.04, as of the CO2 allowance transfer deadline, in the source’s compliance account, in an amount not less than the total CO2 emissions from fossil fuel-fired generation for the control period from all CO2 budget units at the source, less the CO2 allowances deducted to meet the requirements of paragraph (b), as determined in accordance with Env-A 4605, Env-A 4607, and Env-A 4609.18; and

(b) The requirement that each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions, as of the CO2 allowance transfer deadline, in the source’s compliance account in an amount not less than the total CO2 emissions for the interim control period from all CO2 budget units at the source multiplied by 0.50, as determined in accordance with Env-A 4605 and Env-A 4607.

History

#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4604 Authorized Account Representative for Co2 Budget Sources

N.H. Code Admin. R. Ann. Env-A 4604.01 CO2 Authorized Account Representative Authorization and Responsibilities {#sec-env-a-4604.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.01}

(a) Except as provided in Env-A 4604.03, each CO2 budget source, including all CO2 budget units at the source, shall have one and only one CO2 authorized account representative (CO2 AAR), with regard to all matters under the CO2 budget trading program concerning the source or any CO2 budget unit at the Source.

(b) The CO2 AAR of the CO2 budget source shall be selected by an agreement binding on each owner and operator of the source and all CO2 budget units at the source.

(c) The CO2 AAR shall submit a complete account certificate of representation, as specified in Env-A 4604.05, as follows:

(1) The initial submittal by the original CO2 AAR or a CO2 AAR designated pursuant to Env-A 4604.04(a) shall be in writing sent to the department by delivery in hand, U.S. Postal Service mail, or private delivery services; and

(2) Subsequent submittals shall be made electronically to the regional organization.

(d) Upon receipt by the department of a complete account certificate of representation as specified in (c)(1), above, the department shall forward a copy of the account certificate of representation to the regional organization electronically.

(e) Upon receipt by the department of a complete account certificate of representation as specified in (c)(1), above, the CO2 AAR shall represent and legally bind each owner and operator of the CO2 budget source represented and each CO2 budget unit at the source in all matters pertaining to the CO2 budget trading program, notwithstanding any agreement between the CO2 AAR and such owner(s) and operator(s). The owner(s) and operator(s) shall be bound by any and all representations, actions, inactions, and submissions of the CO2 AAR and any and all decisions or orders issued to the CO2 AAR by the department or a court regarding the source or unit.

(f) No CO2 budget permit shall be issued and no CO2 allowance tracking system account shall be established for a CO2 budget source until the regional organization has received a copy of the account certificate of representation as specified in (d), above, for a CO2 AAR of the source and the CO2 budget units at the source.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.02 Requirements for Submittals {#sec-env-a-4604.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.02}

(a) Each submission under the CO2 budget trading program shall be submitted, signed, and certified by the CO2 AAR for each CO2 budget source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CO2 AAR:

“I am authorized to make this submission on behalf of the owners and operators of the CO2 budget sources or CO2 budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fines or imprisonment.”

(b) The department shall direct the regional organization to accept or act on a submission made on behalf of the owner(s) or operator(s) of a CO2 budget source or a CO2 budget unit only if the regional organization confirms that the submission has been made, signed, and certified in accordance with (a), above.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.03 Alternate CO2 AAR {#sec-env-a-4604.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.03}

(a) An account certificate of representation shall designate no more than one alternate CO2 AAR who may act on behalf of the CO2 AAR. The agreement by which the alternate CO2 AAR is selected shall include a procedure for authorizing the alternate CO2 AAR to act in lieu of the CO2 AAR.

(b) The alternate CO2 AAR shall submit a complete account certificate of representation, as specified in Env-A 4604.05, in accordance with Env-A 4604.01(c).

(c) Upon receipt by the department of a complete account certificate of representation as specified in (b), above, the department shall forward a copy of the account certificate of representation to the regional organization electronically.

(d) Upon receipt by the department of a complete account certificate of representation as specified in (b), above, any representation, action, inaction, or submission by the alternate CO2 AAR shall be deemed to be a representation, action, inaction, or submission by the CO2 AAR.

(e) Except as provided in Env-A 4604.03, and other than in Env-A 4604.01(a), Env-A 4604.04, Env-A 4604.05, and Env-A 4607.02, whenever the term “CO2 AAR” is used in this chapter, the term shall be construed to include the alternate CO2 AAR.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4604.02); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.04 Changing the CO2 AAR and the Alternate CO2 AAR; Changes in the Owner or Operator {#sec-env-a-4604.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.04}

(a) If the owner(s) or operator(s) of a source and all CO2 budget units at the source wish to change the CO2 AAR, a superseding complete account certificate of representation shall be filed as specified in Env-A 4604.01. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 AAR or alternate CO2 AAR prior to the time and date when the department receives the superseding account certificate of representation shall be binding on the new CO2 AAR and each owner and operator of the CO2 budget source and the CO2 budget units at the source.

(b) If the owner(s) or operator(s) of a source and all CO2 budget units at the source wish to change the alternate CO2 AAR, a superseding complete account certificate of representation shall be filed as specified in Env-A 4604.03. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 AAR or alternate CO2 AAR prior to the time and date when the department receives the superseding account certificate of representation shall be binding on the new alternate CO2 AAR and each owner and operator of the CO2 budget source and the CO2 budget units at the source.

(c) Within 30 days following any change in the owners or operators of a CO2 budget source or a CO2 budget unit, including the addition of a new owner or operator, the CO2 AAR or alternate CO2 AAR shall submit a revised account certificate of representation to the department as specified in Env-A 4604.01, which amends the list of owners and operators to include the new owner or operator.

(d) In the event an owner or operator of a CO2 budget source or a CO2 budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the CO2 AAR and any alternate CO2 AAR of the source or unit, and the decisions, orders, and actions of the department, as if the owner or operator were included in such list.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4604.03); ss by #10468, eff 1-1-14; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.05 Account Certificate of Representation {#sec-env-a-4604.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.05}

(a) A complete account certificate of representation for a CO2 AAR or an alternate CO2 AAR shall include the following elements:

(1) Identification of the CO2 budget source and each CO2 budget unit at the source for which the account certificate of representation is submitted;

(2) The name, mailing address, e-mail address, telephone number, and facsimile transmission number of the CO2 AAR and any alternate CO2 AAR;

(3) A list of the name of each owner and operator of the CO2 budget source and of each CO2 budget unit at the source; and

(4) The following certification statement signed and dated by the CO2 AAR and any alternate CO2 AAR:

“I certify that I was selected as the CO2 AAR or alternate CO2 AAR, as applicable, by an agreement binding on the owners and operators of the CO2 budget source and each CO2 budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO2 Budget Trading Program on behalf of the owners and operators of the CO2 budget source and of each CO2 budget unit at the source and that each such owner or operator shall be fully bound by my representations, actions, inactions, or submissions, and by any decision or order issued to me by the department or a court regarding the source or unit.”

(b) Unless otherwise required by the department, documents of agreement referred to in the account certificate of representation shall not be submitted to the department or to the regional organization. Neither the department nor the regional organization shall have any obligation to review or evaluate the sufficiency of such documents, if submitted.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4604.05); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.06 Objections Concerning the CO2 AAR {#sec-env-a-4604.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.06}

(a) Once a complete account certificate of representation has been received, the department and the regional organization shall rely on the account certificate of representation unless and until the department receives a superseding complete account certificate of representation.

(b) Except as provided in Env-A 4604.04(a) or (b), no objection or other communication submitted to the department or the regional organization concerning the authorization, or any representation, action, inaction, or submission of the CO2 AAR, shall affect any representation, action, inaction, or submission of the CO2 AAR or the finality of any decision or order by the department under the CO2 budget trading program.

(c) The department shall not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CO2 AAR, including private legal disputes concerning the proceeds of CO2 allowance transfers.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09 (from Env-A 4604.05); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4604.07 Delegation by {#sec-env-a-4604.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4604.07}

CO2 AAR and Alternate CO2 AAR.

(a) A CO2 AAR may delegate, to one or more individuals, his or her authority to make an electronic submission to the regional organization.

(b) An alternate CO2 AAR may delegate, to one or more individuals, his or her authority to make an electronic submission to the regional organization.

(c) In order to delegate authority to make an electronic submission to the regional organization in accordance with (a) or (b), above, the CO2 AAR or alternate CO2 AAR, as appropriate, shall first submit to` the regional organization a notice of delegation that includes the following elements:

(1) The name, address, e-mail address, telephone number, and facsimile transmission number of the CO2 AAR or alternate CO2 AAR who is making the delegation;

(2) The name, address, e-mail address, telephone number and facsimile transmission number of each individual to whom authority is being delegated, herein referred to as the electronic submission agent;

(3) For each electronic submission agent, a list of the type of electronic submissions for which authority is delegated to that agent; and

(4) The following certification statements by such CO2 AAR or alternate CO2 AAR:

a. “I agree that any electronic submission to the department or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO2 AAR or alternate CO2 AAR, as appropriate, and before this notice of delegation is superseded by another notice of delegation under the CO2 budget trading program shall be deemed to be an electronic submission by me.

b. “Until this notice of delegation is superseded by another notice of delegation under the CO2 budget trading program, I agree to maintain an e-mail account and to notify the department or its agent immediately of any change in my e-mail address unless all delegation authority by me under the CO2 budget trading program is terminated.”

(d) A notice of delegation submitted under under (c), above, shall be effective, with regard to the CO2 AAR or alternate CO2 AAR identified in such notice, upon receipt of such notice by the regional organization and until receipt by the regional organization of a superseding notice of delegation by such CO2 AAR or alternate CO2 AAR, as applicable. The superseding notice of delegation shall replace a previously-identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in (c)(4)a., above, and made in accordance with a notice of delegation effective under (d), above, shall be deemed to be an electronic submission by the CO2 AAR or alternate CO2 AAR submitting such notice of delegation.

(f) A CO2 AAR may delegate to one or more individuals his or her authority, under this part, to review information in the COATS.

(g) A alternate CO2 AAR may delegate to one or more individuals his or her authority, under this part, to review information in the COATS.

(h) In order to delegate authority to review information in the COATS in accordance with (f) and (g), the CO2 AAR or alternate CO2 AAR shall submit to the department a notice of delegation that includes:

(1) The name, address, e-mail address, telephone number, and facsimile number of such CO2 AAR or alternate CO2 AAR;

(2) The name, address, e-mail address, telephone number, and facsimile number of each individual delegated as a reviewer;

(3) For each delegated reviewer, a list of the type of information specified in (f) or (g) for which authority is delegated to him or her; and

(4) The following certification statements by such CO2 AAR or alternate CO2 AAR:

a. “I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subdivision Env-A 4604.07(i) shall be deemed to be a reviewer by me.”

b. “Until this notice of delegation is superseded by another notice of delegation under subdivision Env-A 4604.07(i), I agree to maintain an e-mail account and to notify the department or its agent immediately of any change in my e-mail address unless all delegation authority by me under section Env-A 4604.07 is terminated.”

(i) A notice of delegation submitted under subdivision (h) of this section shall be effective upon receipt by the department and shall remain in effect until receipt by the department of a superseding notice of delegation. The superseding notice of delegation may replace any previously identified reviewer, add a new reviewer, or eliminate entirely any delegation of authority.

History

#9444, eff 4-3-09 (from Env-A 4604.06); ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4605 Co2 Budget Source Requirements; Compliance Certification

N.H. Code Admin. R. Ann. Env-A 4605.01 CO2 Allowance Requirements {#sec-env-a-4605.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.01}

(a) The owner or operator of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under Env-A 4605.04, as of the CO2 allowance transfer deadline, in the source’s compliance account, as follows:

(1) In an amount not less than the total CO2 emissions from fossil fuel-fired generation for the control period from all CO2 budget units at the source less the CO2 allowances deducted to meet the requirements of (2) below, with respect to the previous 2 interim control periods, as determined in accordance with Env-A 4605, Env-A 4607, Env-A 4609.18, and (d), below; and

(2) An amount not less than the total CO2 emissions for the interim control period from all CO2 budget units at the source multiplied by 0.50.

(b) A CO2 budget unit shall be subject to the requirements of this section starting by the later of January 1, 2009 or the date on which the unit commences operation.

(c) CO2 allowances shall be held in, deducted from, or transferred among CO2 allowance tracking system accounts in accordance with Env-A 4606, Env-A 4607, and Env-A 4608.

(d) For the purpose of determining compliance with this part, total tons of CO2 emissions for a control period shall be calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with Env-A 4609, with any remaining fraction of a ton equal to or greater than 0.50 ton rounded up to equal one ton and any fraction of a ton less than 0.50 ton rounded down to equal zero tons.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.02 CO2 Allowance Limitations {#sec-env-a-4605.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.02}

(a) A CO2 allowance shall be a limited authorization to emit one ton of CO2 in accordance with the CO2 budget trading program.

(b) A CO2 allowance shall not be deducted, in order to comply with the requirements of Env-A 4605.01(a), for a control period or interim control period that ends prior to the year for which the CO2 allowance was allocated.

(c) A CO2 offset allowance shall not be deducted, in order to comply with the requirements of Env-A 4605.01(a), beyond the applicable percent limitations set out in Env-A 4605.04(b).

(d) Subject to (e) and (f), below, no provision of the CO2 budget trading program, the CO2 budget permit application, or the CO2 budget permit shall be construed to limit the authority of the department to terminate or limit such authorization.

(e) The department shall include information on any terminations or limitations in the report required by RSA 125-O:21, VI, to the air pollution advisory committee and the legislative oversight committee on electric utility restructuring established under RSA 374-F:5.

(f) The authority of the department shall be limited as specified in RSA 125-O:22, VII and RSA 125-O:24, VIII, and in accordance with RSA 125-O:22, VI relative to CO2 budget allowances allocated from the emergency set-aside account under Env-A 4606.11.

(g) A CO2 allowance shall not constitute a property right.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.03 Recordkeeping and Reporting Requirements {#sec-env-a-4605.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.03}

(a) Unless otherwise provided, the owner or operator of the CO2 budget source and each CO2 budget unit at the source shall keep on site at the source each of the following documents for a period of 10 years from the date the document is created:

(1) The account certificate of representation for the CO2 AAR for the source and each CO2 budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation prepared in accordance with Env-A 4604.05, provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation changing the CO2 AAR;

(2) All emissions monitoring information, in accordance with Env-A 4609 and 40 CFR 75;

(3) Copies of all reports, compliance certifications, and other submissions and all records made or required under this chapter; and

(4) Copies of all documents used to complete a CO2 budget permit application and any other submission under the CO2 Budget Trading Program or to demonstrate compliance with the requirements of this chapter.

(b) The retention period specified in (a), above, shall be extended beyond the 10-year period for the duration of any enforcement action that is then pending.

(c) The CO2 AAR of a CO2 budget source and each CO2 budget unit at the source shall submit the reports and compliance certifications required under this chapter.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.04 Allowances Available for Compliance Deduction {#sec-env-a-4605.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.04}

(a) CO2 allowances that meet the following criteria shall be available to be deducted for compliance with the requirements of Env-A 4605 for a control period or an interim control period:

(1) For CO2 allowances other than CO2 offset allowances, the allowances are from allocation years that fall within a prior control period or prior interim control period or the same control period or same interim control period for which the allowances will be deducted; and

(2) The CO2 allowances are:

a. Held in the CO2 budget source’s compliance account as of the CO2 allowance transfer deadline for that control period or interim control period; or

b. Transferred into the compliance account by a CO2 allowance transfer correctly submitted for recordation under Env-A 4608.01 by the CO2 allowance transfer deadline for that control period or interim control period.

(b) As provided in RSA 125-O:22, II, a CO2 budget source may use offset allowances for up to 3.3 percent of its compliance obligation.

(c) CO2 allowances shall not be available for current compliance if the allowances were deducted for excess CO2 emissions for a prior control period under Env-A 4605.08.

(d) Allowances deducted for the purpose of compliance shall not be available for any other purpose.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.05 Deductions for Compliance {#sec-env-a-4605.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.05}

Following the recordation, in accordance with Env-A 4608.02, of CO2 allowance transfers submitted for recordation in the CO2 budget source’s compliance account by the CO2 allowance transfer deadline for a control period or an interim control period, the department shall direct the regional organization to deduct CO2 allowances available under Env-A 4605.04 equal to the source’s CO2 emissions in tons, as determined in accordance with Env-A 4609 for the control period, until either:

(a) The amount of CO2 allowances deducted equals the number of tons of total CO2 emissions, or 0.50 times the number of tons of total CO2 emissions for an interim control period, less any CO2 emissions attributable to the burning of eligible biomass, determined in accordance with Env-A 4609, from all CO2 budget units at the CO2 budget source for the control period or interim control period; or

(b) No more CO2 allowances as specified in Env-A 4605.04 remain in the compliance account, if there are insufficient CO2 allowances to complete the deductions pursuant to (a), above.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.06 Identification of Available CO2 Allowances by Serial Number; Default Compliance Deductions {#sec-env-a-4605.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.06}

(a) The CO2 AAR for a source’s compliance account may request that specific CO2 allowances in the compliance account, identified by serial number, be deducted for emissions or excess CO2 emissions for a control period or an interim control period in accordance with Env-A 4605.05 or Env-A 4605.08. Such identification shall be made in the compliance certification report submitted in accordance with Env-A 4605.09.

(b) In the absence of an identification or in the case of a partial identification of available CO2 allowances by serial number under (a), above, the regional organization shall deduct CO2 allowances for a control period or an interim control period from the CO2 budget source’s compliance account in the following order:

(1) First, CO2 offset allowances, subject to the relevant compliance deduction limitations under Env-A 4605.04(b) and Env-A 4605.08, as follows:

a. CO2 offset allowances shall be deducted in chronological order, such that CO2 offset allowances from earlier allocation years shall be deducted before CO2 offset allowances from later allocation years; and

b. In the event that some, but not all, CO2 offset allowances from a particular allocation year are to be deducted, CO2 offset allowances shall be deducted by serial number, with lower serial number allowances deducted before higher serial number allowances; and

(2) Then, any CO2 allowances other than CO2 offset allowances that are available for deduction under the provisions of Env-A 4605.04(a), as follows:

a. CO2 allowances shall be deducted in chronological order, such that CO2 allowances from earlier allocation years shall be deducted before CO2 allowances from later allocation years; and

b. In the event that some, but not all, CO2 allowances from a particular allocation year are to be deducted, CO2 allowances shall be deducted by serial number, with lower serial number allowances deducted before higher serial number allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.07 Excess CO2 Emissions Requirements {#sec-env-a-4605.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.07}

(a) The owner or operator of a CO2 budget source that has excess CO2 emissions in any control period, or excess interim emissions for any interim control period, shall:

(1) Forfeit the CO2 allowances required for deduction under Env-A 4605.08, provided CO2 offset allowances shall not be used to cover any part of such excess CO2 emissions; and

(2) Pay any fine, penalty, or assessment or comply with any other remedy imposed under RSA 125-O:7 or RSA 125-O:22, V.

(b) The department shall notify the owner or operator after forfeiture in (a)(1) above and prior to payment in (a)(2) above of the opportunity to request a hearing in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.08 Deductions for Excess CO2 Emissions {#sec-env-a-4605.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.08}

(a) After making the deductions for compliance under Env-A 4605.05, the department shall direct the regional organization to deduct from the CO2 budget source’s compliance account a number of CO2 allowances from allocation years that occur after the control period in which the source has excess CO2 emissions. As provided by RSA 125-O:22, V, the deduction shall be equal to 3 times the number of the source’s excess CO2 emissions.

(b) In the event that a CO2 budget source has insufficient CO2 allowances to cover 3 times the number of the source’s excess CO2 emissions, the department shall direct the regional authority to so notify the Source.

(c) Within 14 calendar days of receipt of notice from the regional organization that a shortage exists, the source shall transfer sufficient allowances into its compliance account to cover the shortage.

(d) No CO2 offset allowances shall be deducted to account for the source’s excess CO2 emissions.

(e) Any CO2 allowance deduction required under (a), above, shall not affect the liability of the owner(s) and operator(s) of the CO2 budget source or the CO2 units at the source for any fine, penalty, or assessment, and shall not affect the obligation of the owner(s) and operator(s) to comply with any other remedy, for the same violation, as ordered under applicable state law.

(f) The department shall notify the owner or operator after making the deductions in (a) above of the opportunity to request a hearing in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.09 Compliance Certification Report {#sec-env-a-4605.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.09}

(a) For each control period in which a CO2 budget source is subject to the requirements of Env-A 4605, the CO2 AAR of the source shall submit electronically to the regional organization by March 1 following the relevant control period, a compliance certification report.

(b) A compliance certification report shall not be required during an interim control period.

(c) The CO2 AAR shall include in the compliance certification report under (a), above, the following elements, in a format prescribed by the department:

(1) Identification of the source and each CO2 budget unit at the source;

(2) At the CO2 AAR’s option, the serial numbers of the CO2 allowances that are to be deducted from the source’s compliance account under Env-A 4605.06 for the control period, including the serial numbers of any CO2 offset allowances that are to be deducted subject to the limitations of Env-A 4605.04; and

(3) The compliance certification specified in (c), below.

(d) In the compliance certification report required by (a), above, the CO2 AAR shall certify, based on reasonable inquiry of those individuals with primary responsibility for operating the source and the CO2 budget units at the source in compliance with the CO2 Budget Trading Program, whether the source and each CO2 budget unit at the source for which the compliance certification is submitted was operated during the calendar years covered by the report in compliance with the requirements of the CO2 Budget Trading Program, including:

(1) Whether the source was operated in compliance with the requirements of Env-A 4605;

(2) Whether the monitoring plan applicable to each unit at the source has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute CO2 emissions to the unit, in accordance with Env-A 4609;

(3) Whether all CO2 emissions from the units at the source were monitored or accounted for through the missing data procedures specified in 40 CFR part 75 Subpart D, or 40 CFR part 75 appendix D or appendix E and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with Env-A 4609. If conditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report resubmissions have been made;

(4) Whether the facts that form the basis for certification under Env-A 4609 of each monitor at each unit at the source, or for using an excepted monitoring method or alternative monitoring method approved under Env-A 4609, if any, have changed; and

(5) If a change is required to be reported under (c)(4), above, the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.10 Action on Compliance Certifications {#sec-env-a-4605.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.10}

(a) The department shall direct the regional organization to deduct CO2 allowances from, or transfer CO2 allowances to, a source’s compliance account based on the information submitted by the source, or by a CO2 AAR on behalf of the source, in compliance certifications or any other submissions required under this chapter.

(b) The regional organization shall review and conduct independent audits concerning any compliance certification or any other submission under the CO2 budget trading program, and report the results of the audit to the department.

(c) If the department determines that the information in the compliance certifications or other submissions under this chapter are not accurate, the department shall direct the regional organization to make the necessary adjustments to the information.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4605.11 Determination of Violations and Deduction of Allowances {#sec-env-a-4605.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4605.11}

(a) For purposes of determining the number of days of violation, if a CO2 budget source has excess CO2 emissions for a control period, the following shall apply:

(1) Each day in the control period in which insufficient allowances were in the source’s compliance or general accounts to cover the excess CO2 emissions shall constitute a day of violation, unless the owner(s) and operator(s) of the unit demonstrate that a lesser number of days should be considered by submitting monitoring reports and records to show the unit was not operating on certain days; and

(2) Each ton of excess CO2 emissions shall constitute a separate violation.

(b) For purposes of determining the number of days of violation, if a CO2 budget source has excess CO2 emissions for an interim control period, the following shall apply:

(1) Each day in the interim control period in which insufficient allowances were in the source’s compliance or general accounts to cover the excess CO2 emissions shall constitute a day of violation, unless the owner(s) and operator(s) of the unit demonstrate that a lesser number of days should be considered by submitting monitoring reports and records to show the unit was not operating on certain days; and

(2) Each ton of excess interim CO2 emissions shall constitute a separate violation.

(c) The propriety of the department’s determination that a CO2 budget source had excess CO2 emissions and the concomitant deduction of CO2 allowances from that CO2 budget source’s account may be challenged as provided by law. The commencement or pendency of any administrative enforcement, or civil or criminal judicial action arising from or encompassing that excess CO2 emissions violation shall not prevent the department from directing the regional organization to initially deduct the CO2 allowances resulting from the department’s original determination that the relevant CO2 budget source had excess CO2 emissions.

(d) Should the department’s determination of the existence or extent of the CO2 budget source’s excess CO2 emissions be revised by the department or by final conclusion of any administrative or judicial action, the department shall act as follows:

(1) In any instance where the department’s determination of the extent of excess CO2 emissions was too low, the department shall take further action in accordance with Env-A 4605.08 to address the expanded violation; or

(2) In any instance where the department’s determination of the extent of excess CO2 emissions was too high, the department shall distribute to the relevant CO2 budget source a number of CO2 allowances equaling the number of CO2 allowances deducted which are attributable to 3 times the difference between the original and final quantity of excess CO2 emissions. If the CO2 budget source’s compliance account no longer exists, the CO2 allowances shall be provided to a general account selected by the owner or operator of the CO2 budget source from which they were originally deducted.

(e) The department shall direct the regional organization to record in the appropriate compliance account all deductions from such an account pursuant to Env-A 4605.05 and Env-A 4605.08.

(f) The department shall notify the owner or operator after making the deductions in (d), above, of the opportunity to request a hearing in accordance with the provisions of RSA 541-A and Env-C 200 applicable to adjudicative proceedings.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4606 Co2 Budget Allowance Allocations

N.H. Code Admin. R. Ann. Env-A 4606.01 New Hampshire’s CO2 Trading Program Base Budget {#sec-env-a-4606.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.01}

(a) As provided in RSA 125-O:21, II, the New Hampshire CO2 budget trading program annual base budget shall be as follows:

(1) For 2019, 4,184,333 tons;

(2) For 2020, 4,079,725 tons;

(3) For 2021, 3,960,999 tons;

(4) For 2022, 3,842,274 tons;

(5) For 2023, 3,723,549 tons;

(6) For 2024, 3,604,823 tons;

(7) For 2025, 3,486,098 tons;

(8) For 2026, 3,367,373 tons;

(9) For 2027, 3,248,648 tons;

(10) For 2028, 3,129,922 tons;

(11) For 2029, 3,011, 197 tons; and

(12) For 2030, and each succeeding calendar year until further legislative action, 2,892,472 tons.

(b) The annual base budget shall be held in the NH origination account until and unless allocations are made as provided in this part.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.02 Undistributed {#sec-env-a-4606.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.02}

Budget Allowances. In accordance with RSA 125-O:22, VI and RSA 125-O:25, II, the department shall offer undistributed budget allowances from the following set-aside accounts for sale at auction in the following calendar year:

(a) The voluntary renewable energy certificate or attribute credit (VREC) set-aside account under Env-A 4606.10; and

(b) The emergency set-aside account under Env-A 4606.11.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.03 Budget Allowances Available for Allocation {#sec-env-a-4606.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.03}

(a) For allocation years 2019 through 2025, the New Hampshire CO2 budget trading program adjusted budget shall be the maximum number of allowances available for allocation in a given allocation year, excluding CO2 offset allowances and CO2 CCR allowances.

(b) For allocation years 2026 through 2030, and each succeeding calendar year, the New Hampshire CO2 budget trading program base budget shall be the maximum number of allowances available for allocation in a given allocation year, excluding CO2 offset allowances and CO2 CCR allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.04 First Control Period Interim Adjustment for Banked Allowances {#sec-env-a-4606.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.04}

The quantity of the first control period interim adjustment for banked allowances for allocation years 2019 and 2020 shall be 428,302 allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.05 Second Control Period Regional Adjustment for Banked Allowances {#sec-env-a-4606.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.05}

The quantity of the second control period interim adjustment for banked allowances for allocation years 2019 and 2020 shall be 714,061 allowances.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.06 Third Adjustment for Banked Allowances {#sec-env-a-4606.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.06}

(a) On March 15, 2021, the department shall determine the third adjustment for banked allowances quantity for allocation years 2021 through 2025 in accordance with the following formula:

(b) For purposes of the above calculation, the abbreviations used shall have the meanings indicated as follows:

(1) “TABA” means the third adjustment for banked allowances quantity in tons;

(2) “TA” means the third adjustment, which is the total quantity of allowances in vintage years prior to 2021 held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program, but not including accounts opened by participating states, as reflected in the CO2 Allowance Tracking System on March 15, 2021;

(3) “TAE” means the third adjustment emissions, which is the total quantity of 2018, 2019, and 2020 emissions from all CO2 budget sources in all participating states, reported pursuant to CO2 Budget Trading Program as reflected in the CO2 Allowance Tracking System on March 15, 2021; and

(4) “RS%” means New Hampshire’s 2021 budget divided by the 2021 regional budget.

History

#12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4606.07 CO2 Budget Trading Program Adjusted Budgets {#sec-env-a-4606.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.07}

(a) The New Hampshire CO2 budget trading program adjusted budget shall be 3,041,970 allowances for 2019 and 2,937,362 allowances for 2020.

(b) On or before April 15, 2021, the state of New Hampshire shall establish the New Hampshire CO2 Budget Trading Program adjusted budgets for the 2021 through 2025 allocation years by the following formula:

AB = BB – TABA

(1) “AB” means the New Hampshire CO2 budget trading program adjusted budget;

(2) “BB” means the New Hampshire CO2 budget trading program base budget; and

(3) “TABA” means the third adjustment for banked allowances, with the quantity expressed in tons.

(c) After making the determination in (a) through (c), above, the department or the regional organization shall publish the CO2 trading program adjusted budgets for the 2021 through 2025 allocation years.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4606.06)

N.H. Code Admin. R. Ann. Env-A 4606.08 Cost Containment Reserve (CCR)Allocations {#sec-env-a-4606.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.08}

(a) The department shall allocate CO2 CCR allowances to the NHAA for sale at auction in accordance with and for the cost containment purposes set forth in RSA 125-O:29.

(b) CO2 CCR allowances allocated for sale in subsequent auctions shall be offered for sale in accordance with RSA 125-O:29.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4606.09)

N.H. Code Admin. R. Ann. Env-A 4606.09 Voluntary Renewable Energy Market Set-Aside Program {#sec-env-a-4606.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.09}

(a) The department shall administer the voluntary renewable energy set-aside program established under RSA 125-O:25 in accordance with this section and Env-A 4606.11.

(b) The department shall open and manage a set-aside account for the voluntary renewable energy certificate or attribute credit (VREC) set-aside for each calendar year.

(c) For each calendar year, the department shall allocate one percent from the New Hampshire CO2 budget trading program base budget specified in Env-A 4606.01 to the VREC set-aside (VRECS) account created pursuant to (b), above.

(d) On or before September 1 of each calendar year, the department shall:

(1) Determine, in accordance with Env-A 4606.11, the number of CO2 tons represented by the actual MWh of voluntary REC purchases during the prior calendar year; and

(2) Retire or reallocate budget allowances from the VRECS account in accordance with (e) and (f), below.

(e) If the number of budget allowances allocated to the VRECS account for the prior calendar year is less than the number of CO2 tons represented by the actual MWh of voluntary REC purchases during the prior calendar year, the department shall retire all of the budget allowances in the VRECS account.

(f) If the number of budget allowances allocated to the VRECS account for the prior calendar year is greater than the number of CO2 tons represented by the actual MWh of VREC purchases during the prior calendar year, the department shall transfer the difference to the NHAA to be auctioned at the next scheduled auction, as specified by RSA 125-O:25, II.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4606.10)

N.H. Code Admin. R. Ann. Env-A 4606.10 Determination of Voluntary Renewable Energy Purchases {#sec-env-a-4606.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.10}

(a) For purposes of this section, “voluntary renewable energy purchase” means a purchase of electricity from renewable energy generation or renewable energy attribute credits by a retail electricity customer on a voluntary basis.

(b) The renewable energy generation or renewable energy attribute credits related to purchases of voluntary renewable energy shall not be used by the generator or purchaser to meet any regulatory mandate, such as a renewable portfolio standard.

(c) In order to be considered under the voluntary renewable energy credit (VREC) set-aside program, information as specified in (d), below, shall be submitted to the department no later than the July 30th for the prior calendar year.

(d) Information regarding the purchase of VREC submitted pursuant to (c), above, shall be verifiable, and include the following:

(1) Documentation of the number of VREC purchases by retail customers in New Hampshire, by customer class;

(2) Certification that the VREC purchases by retail customers in New Hampshire will not be resold;

(3) Specification of the time period during which each retail purchase was made;

(4) Identification of the state in which the electricity was generated or the renewable energy attribute credit was created, including facility name, unique generator identification number, and fuel type; and

(5) Specification of the time period during which the electricity was generated or the renewable energy attribute credit was created.

(e) Based on information received pursuant to (c), above, the department shall quantify the VREC purchases in New Hampshire during the prior calendar year by multiplying the megawatt-hours (MWh) of voluntary REC purchases in the prior year (MWhREC) by the most current marginal CO2 emissions rate (MER), in tons of CO2 per MWh, as reported by the Independent System Operator of New England, as shown in the following equation:

VREC purchases = MWhREC X MER

History

#10468, eff 1-1-14 (from Env-A 4606.07); ss by #12967, eff 1-1-20 (from Env-A 4606.10)

N.H. Code Admin. R. Ann. Env-A 4606.11 Emergency Set-Aside Allocation {#sec-env-a-4606.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4606.11}

(a) The department shall open and manage a set-aside account for emergencies for each calendar year.

(b) As required by RSA 125-O:22, VI, the department shall reserve one percent of the annual budget allowances in the emergency set-aside account.

(c) The department shall make budget allowances available in accordance with RSA 125-O:22, VI and this section to CO2 budget sources in periods of operation during which an Operating Procedure 4 capacity deficiency alert, as established by the Independent System Operator of New England, is in force.

(d) As directed by RSA 125-O:22, VI, the department shall directly sell the reserved emergency allowances to affected CO2 sources at the most recent regional auction clearing price upon request of the CO2 budget source.

(e) As directed by RSA 125-O:22, VI, those allowances reserved in the emergency set-aside account but not sold in a given year shall be auctioned the following calendar year.

History

#10468, eff 1-1-14 (from Env-A 4606.08); ss by #12967, eff 1-1-20 (from Env-A 4606.12)

Part Env-A 4607 Co2 Allowance Tracking System

N.H. Code Admin. R. Ann. Env-A 4607.01 CO2 Allowance Tracking System Compliance Accounts {#sec-env-a-4607.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.01}

(a) Upon receipt of a complete account certificate of representation as specified in Env-A 4604.01, the regional organization shall establish one compliance account for each CO2 budget source for which the account certificate of representation was submitted.

(b) The regional organization shall record allocations, deductions, and transfers of CO2 allowances to or from compliance accounts in accordance with this part.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20 (from Env-A 4606.12)

N.H. Code Admin. R. Ann. Env-A 4607.02 Application for CO2 Allowance Tracking System: General Account {#sec-env-a-4607.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.02}

(a) Any person who wishes to have a general account for the purpose of holding and transferring CO2 allowances shall request the regional organization to establish a general account in accordance with this section.

(b) The application for a general account shall designate one and only one CO2 AAR and no more than one alternate CO2 AAR, who may act on behalf of the CO2 AAR. The agreement by which the alternate CO2 AAR is selected shall include a procedure for authorizing the alternate CO2 AAR to act in lieu of the CO2 AAR.

(1) The name, mailing address, electronic mail address, daytime telephone number, and facsimile transmission number of the CO2 AAR and any alternate CO2 AAR;

(2) A list naming each person subject to the binding agreement for the CO2 AAR and any alternate CO2 AAR to represent the person’s ownership interest with respect to the CO2 allowances held in the general account; and

(3) The following certification statement signed and dated by the CO2 AAR and any alternate CO2 AAR:

“I certify that I was selected as the CO2 AAR or the CO2 alternate AAR, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CO2 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO2 Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the department or its agent or a court regarding the general account.”

(d) Unless otherwise required by the department, documents of agreement referred to in the application for a general account shall not be submitted to the regional organization. Neither the department nor the regional organization shall have any obligation to review or evaluate the sufficiency of such documents, if submitted.

(e) Upon receipt by the regional organization of a complete application for a general account in accordance with this section, the regional organization shall establish a general account for the person or persons for whom the application is submitted.

(f) The regional organization shall assign a unique identifying number to each account established under (e), above.

(g) Transfers of CO2 allowances pursuant to Env-A 4608 shall be recorded in the general account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.03 CO2 AAR Authorization and Authority {#sec-env-a-4607.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.03}

(a) The CO2 AAR and any alternate CO2 AAR for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CO2 allowances held in the general account in all matters pertaining to the CO2 Budget Trading Program, notwithstanding any agreement between the CO2 AAR or any alternate CO2 AAR and such person. Any such person shall be bound by any order or decision issued to the CO2 AAR or any alternate CO2 AAR by the department or a court regarding the general account.

(b) Any representation, action, inaction, or submission by any alternate CO2 AAR shall be deemed to be a representation, action, inaction, or submission by the CO2 AAR.

(c) Each submission concerning the general account shall be submitted, signed, and certified by the CO2 AAR or the alternate CO2 AAR for the persons having an ownership interest with respect to CO2 allowances held in the general account. Each such submission shall include the following certification statement by the CO2 AAR or the alternate CO2 AAR:

“I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO2 allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fines or imprisonment.”

(d) The department shall direct the regional organization to accept or act on a submission concerning the general account only if the regional organization confirms that the submission has been made, signed, and certified in accordance with (c), above.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.04 Changing CO2 AAR and Alternate CO2 AAR; Changes in Persons with Ownership Interest {#sec-env-a-4607.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.04}

(a) If the persons having an ownership interest in the CO2 allowances in a general account wish to change the AAR, a superseding complete application for a general account shall be submitted to the regional organization in accordance with Env-A 4607.02. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 AAR, or the previous alternate CO2 AAR, prior to the time and date when the regional organization receives the superseding application for a general account shall be binding on the new CO2 AAR and all persons with an ownership interest in the CO2 allowances in the general account.

(b) If the persons having an ownership interest in the CO2 allowances in a general account wish to change the alternate CO2 AAR, a superseding complete application for a general account shall be submitted to the regional organization in accordance with Env-A 4607.02. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 AAR, or the previous alternate CO2 AAR, prior to the time and date when the regional organization receives the superseding application for a general account shall be binding on the new alternate CO2 AAR and all persons with an ownership interest in the CO2 allowances in the general account.

(c) In the event a person having an ownership interest with respect to CO2 allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions, and submissions of the CO2 AAR and any alternate CO2 AAR, and the decisions, orders, and actions of the department, as if the person were included in such list.

(d) Within 30 days following any change in the persons having an ownership interest in CO2 allowances in the general account, such as the addition, deletion, or substitution of a person, the CO2 AAR or the alternate CO2 AAR, if any, shall submit a revision to the application for a general account, amending the list of persons having an ownership interest in the CO2 allowances in the general account to include the change.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.05 Objections Concerning CO2 AAR {#sec-env-a-4607.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.05}

(a) Once a complete application for a general account pursuant to Env-A 4607.02 has been received by the regional organization, the department and the regional organization shall rely on the application until any superseding complete application for a general account as provided in Env-A 4607.04 is received by regional organization.

(b) Except as provided in Env-A 4607.04(a) or (b), no objection or other communication submitted to the regional organization or the department concerning the authorization, or any representation, action, inaction, or submission of the CO2 AAR or any alternate CO2 AAR for a general account shall affect any representation, action, inaction, or submission of the CO2 AAR or any alternate CO2 AAR or the finality of any decision or order by the department under the CO2 budget trading program.

(c) The department shall not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CO2 AAR or any alternate CO2 AAR for a general account, including private legal disputes concerning the proceeds of CO2 allowance transfers.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.06 Delegation by {#sec-env-a-4607.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.06}

CO2 AAR and Alternate CO2 AAR.

(a) A CO2 AAR may delegate, to one or more individuals, his or her authority to make an electronic submission to the regional organization under the provisions of Env-A 4607 and Env-A 4608.

(b) An alternate CO2 AAR may delegate, to one or more individuals, his or her authority to make an electronic submission to the regional organization under the provisions of Env-A 4607 and Env-A 4608.

(c) In order to delegate authority to make an electronic submission to the regional organization in accordance with (a) or (b), above, the CO2 AAR or alternate CO2 AAR, as appropriate, shall submit to the regional organization a notice of delegation that includes the following:

(1) The name, mailing address, electronic mail address, daytime telephone number, and facsimile transmission number of such CO2 AAR or alternate CO2 AAR;

(2) The name, mailing address, electronic mail address, daytime telephone number, and facsimile transmission number of each individual to whom authority is being delegated, herein refered to as “electronic submission agent”;

(3) For each such individual, a list of the type of electronic submissions under (a) or (b), above, for which authority is delegated to that individual; and

(4) The following certification statements signed and dated by the CO2 AAR or alternate CO2 AAR who is making the delegation:

b. “Until this notice of delegation is superseded by another notice of delegation under the CO2 budget trading program, I agree to maintain an electronic mail account and to notify the department or its agent immediately of any change in my electronic mail address unless all delegation authority by me under the CO2 budget trading program is terminated.”

(d) A notice of delegation submitted in accordance with (c), above, shall be effective, with regard to the CO2 AAR or alternate CO2 AAR identified in such notice, upon receipt of such notice by the regional organization and until receipt by the regional organization of a superseding notice of delegation by such CO2 AAR or alternate CO2 AAR, as applicable. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in (c)(4), above, and made in accordance with a notice of delegation effective under (d), above, shall be deemed to be an electronic submission by the CO2 AAR or alternate CO2 AAR submitting such notice of delegation.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.07 CO2 Allowance Tracking System Responsibilities of CO2 AAR {#sec-env-a-4607.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.07}

Following the establishment of a CO2 allowance tracking system account, all submissions to the regional organization pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CO2 allowances in the account, shall be made only by the CO2 AAR for the account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.08 Recordation of CO2 Allowance Allocations {#sec-env-a-4607.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.08}

(a) Each year the department shall direct the regional organization to record CO2 allowances, as allocated under Env-A 4606, in the applicable accounts for the year after the last year for which CO2 allowances were previously allocated to the applicable accounts. Each year, the regional organization also shall record CO2 allowances, as allocated under Env-A 4606, in an allocation set-aside for the year after the last year for which CO2 allowances were previously allocated to an allocation set-aside.

(b) When allocating CO2 allowances to and recording them in an account, the regional organization shall assign each CO2 allowance a unique identification number that includes digits identifying the year for which the CO2 allowance is allocated.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.09 Action on Submissions {#sec-env-a-4607.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.09}

(a) The regional organization shall review and conduct independent audits of any submission under the CO2 budget trading program and make appropriate adjustments of the information in the submissions.

(b) Such review and audit shall be conducted:

(1) On a random number and selection of the submittals for a given control period; and

(2) On any submittal for which the regional organization has a good faith belief that the submittal contains a discrepancy.

(c) If, as a result of a review pursuant to (a), above, the department determines that a source’s compliance account contains the incorrect amount of allowances, the department shall direct the regional organization to deduct CO2 allowances from or transfer CO2 allowances to the source’s compliance account as needed to correct the account.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.10 Banking {#sec-env-a-4607.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.10}

Each CO2 allowance that is held in a compliance account or a general account shall remain in such account unless and until the CO2 allowance is deducted or transferred.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.11 Account Error {#sec-env-a-4607.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.11}

(a) Upon confirmation of an error in any CO2 allowance tracking system account, the regional organization shall:

(1) Correct the error; or

(2) Notify the CO2 AAR for the account in writing of the error and request that the error be corrected.

(b) If the regional organization corrects the error pursuant to (a)(1), above, the regional organization shall notify the CO2 AAR for the account within 10 business days of making such correction.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4607.12 Closing of General Accounts {#sec-env-a-4607.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4607.12}

(a) If a CO2 AAR of a general account wishes to close the account, the CO2 AAR shall instruct the regional organization to close the account by submitting:

(1) A statement requesting deletion of the account from the CO2 allowance tracking system; and

(2) A CO2 allowance transfer of all CO2 allowances in the account to one or more other CO2 allowance tracking system accounts for recordation under Env-A 4608.

(b) If a general account shows no activity for a period of one or more years and does not contain any CO2 allowances, the regional organization shall send a written notice to the CO2 AAR for the account, stating that the account will be closed in the CO2 allowance tracking system 30 business days after the notice is sent unless the CO2 AAR submits, before the end of the 30-day period, a transfer of CO2 allowances into the account in accordance with Env-A 4608.

(c) The regional organization shall close the account after 30 days from the date of the notice if the CO2 AAR does not submit a transfer of CO2 allowances into the account in accordance with Env-A 4608.01 before the end of the 30-day period.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4608 Co2 Allowance Transfers

N.H. Code Admin. R. Ann. Env-A 4608.01 Submission of CO2 Allowance Transfers {#sec-env-a-4608.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4608.01}

(a) Any CO2 AAR seeking recordation of a CO2 allowance transfer shall submit the transfer request to the regional organization in accordance with (b), below.

(b) To be considered correctly submitted, the CO2 allowance transfer request shall include the following elements:

(1) The numbers identifying both the transferor and transferee accounts;

(2) A specification by serial number of each CO2 allowance to be transferred;

(3) The printed name and signature of the CO2 AAR of the transferor account and the date signed;

(4) The date of the completion of the last sale or purchase transaction for the allowance, if any; and

(5) The purchase or sale price of the allowance that is the subject of a sale or purchase transaction under (4), above.

(c) Upon receipt of a CO2 allowance transfer request, the regional organization shall review the submission to determine whether the requirements of (b), above, have been met.

(d) If the requirements of (b), above, have not been met, the regional organization shall so inform the department.

(e) Upon receipt of information pursuant to (d), above, the department shall direct the regional organization to:

(1) Deny the CO2 allowance transfer request; and

(2) Inform the CO2 AAR making the request in writing of the denial and the reason(s) therefore.

(f) The CO2 AAR may submit a new transfer request only if the reason(s) for the denial of the original request are corrected.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4608.02 Recordation {#sec-env-a-4608.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4608.02}

(a) Subject to (b), below, the regional organization shall, within 5 business days of receiving a CO2 allowance transfer request that fully complies with Env-A 4608.01, record the CO2 allowance transfer by moving each CO2 allowance from the transferor account to the transferee account as specified by the request.

(b) A CO2 allowance transfer into or out of a compliance account shall not be recorded until after completion of the deduction for compliance process specified in Env-A 4605.05 if the request:

(1) Is submitted for recordation following the CO2 allowance transfer deadline; and

(2) Includes any CO2 allowances from allocation years that fall within a control period or an interim control period prior to or the same as the control period or interim control period to which the CO2 allowance transfer deadline applies.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4608.03 Notification of Recordation {#sec-env-a-4608.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4608.03}

(a) Within 5 business days of recordation of a CO2 allowance transfer pursuant to Env-A 4608.02, the regional organization shall notify the CO2 AARs of both the transferor and transferee accounts.

(b) The notice provided pursuant to (a), above, shall:

(1) Identify the transferor and transferee accounts; and

(2) Identify the transferred CO2 allowances, by serial number.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

Part Env-A 4609 Monitoring and Reporting

N.H. Code Admin. R. Ann. Env-A 4609.01 General Requirements {#sec-env-a-4609.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.01}

(a) Each owner and operator, and to the extent applicable, the CO2 AAR of a CO2 budget unit, shall comply with the monitoring, recordkeeping and reporting requirements as provided in this part and in all applicable sections of 40 CFR part 75.

(b) For purposes of complying with such requirements, the definitions in Env-A 4602 and in 40 CFR 72.2 shall apply, except as follows:

(1) The term “affected unit” in 40 CFR part 75 shall be replaced by the term “CO2 budget unit” as defined in Env-A 4602;

(2) The term “designated representative” in 40 CFR part 75 shall be replaced by the term “CO2 AAR” as defined in Env-A 4602;

(3) The term “continuous emissions monitoring system (CEMS)” in 40 CFR part 75 shall be replaced by the term “continuous emissions monitoring system (CEMS)” as defined in Env-A 4602; and

(4) For units not subject to the federal acid rain program, the term “Administrator” in 40 CFR Part 75 shall be replaced with “commissioner”.

(c) Owners or operators of a CO2 budget unit who monitor a non-CO2 budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16 (b)(2)(ii)(B) as pursuant to 40 CFR 75.13, for purposes of complying with this chapter, shall monitor and report CO2 mass emissions from such non-CO2 budget unit according to the procedures for CO2 budget units established in Env-A 4609.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.02 Requirements for Installation, Certification, and Data Accounting {#sec-env-a-4609.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.02}

The owner or operator of each CO2 budget unit shall:

(a) Install all monitoring systems required under this part for monitoring CO2 mass emissions in accordance with 40CFR Part 75, including all systems required to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate, as applicable, in accordance with 40 CFR 75.13, 75.71 and 75.72 and all portions of appendix G of 40 CFR part 75, as applicable, except that equation G-1 in 40 CFR Part 75 shall not be used to determine CO2 emissions under Env-A 4609;

(b) Successfully complete all certification tests required under Env-A 4609.06 and meet all other requirements of Env-A 4609 and 40 CFR part 75 applicable to the monitoring systems under (a), above; and

(c) Record, quality-assure, and report the data from the monitoring systems identified in (a), above, by the dates specified in Env-A 4609.03.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.03 Compliance Dates {#sec-env-a-4609.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.03}

The owner or operator shall comply with all requirements of Env-A 4609 on or before the following dates:

(a) The owner or operator of a CO2 budget unit that commences commercial operation on or after January 1, 2014 shall comply with the requirements of Env-A 4609 by the earlier of 90 unit operating days or 180 calendar days after the date on which the unit commences commercial operation; and

(b) For the owner or operator of a CO2 budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under (a) or (b), above, by the earlier of 90 unit operating days or 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.04 Reporting Data {#sec-env-a-4609.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.04}

(a) Except as provided in (b), below, the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in Env-A 4609.03 for any monitoring system required under Env-A 4609.02(a) shall, for each such monitoring system, determine, record, and report for the following parameters, as applicable, maximum potential, or as appropriate, minimum potential values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameters required to determine CO2 mass emissions in accordance with (c), below, 40 CFR 75.31(b)(2) or (c)(3), or 40 CFR part 75 section 2.4 of appendix D, as applicable.

(b) The owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in Env-A 4609.03(c) for any monitoring system required under Env-A 4609.02(a) shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in 40 CFR part 75 Subpart D, or 40 CFR part 75 appendix D, in lieu of the maximum potential, or as appropriate, minimum potential values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under Env-A 4609.03(c).

(c) Any CO2 budget unit that is subject to an acid rain emissions limitation and that qualifies for the optional SO2, NOX, and CO2 emissions calculations for low mass emissions (LME) units under 40 CFR 75.19 and reports emissions for such programs using the calculations under 40 CFR 75.19, shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this chapter.

(d) Any CO2 budget unit that is subject to an acid rain emissions limitation but that does not qualify for the optional SO2, NOX, and CO2 emissions calculations for LME units under 40 CFR 75.19 shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this chapter.

(e) Any CO2 budget unit that is not subject to an acid rain emissions limitation shall qualify for the optional CO2 emissions calculation for LME units under 40 CFR 75.19, provided that the unit emits less than 100 tons of NOX annually and no more than 25 tons of SO2 annually.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.05 Prohibitions {#sec-env-a-4609.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.05}

(a) No owner or operator of a CO2 budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emissions monitoring system without having obtained prior written approval in accordance with Env-A 4609.

(b) No owner or operator of a CO2 budget unit shall operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of Env-A 4609 and 40 CFR part 75.

(c) No owner or operator of a CO2 budget unit shall disrupt the continuous emissions monitoring system or any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO2 mass emissions discharged into the atmosphere, except for periods of recertification, calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of Env-A 4609 and 40 CFR part 75.

(d) No owner or operator of a CO2 budget unit shall retire or permanently discontinue use of the continuous emissions monitoring system or any component thereof, or any other approved emissions monitoring system under Env-A 4609, except under any one of the following circumstances:

(1) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of Env-A 4609 and 40 CFR part 75, by the department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(2) The CO2 AAR submits notification of the date of certification testing of a replacement monitoring system in accordance with Env-A 4609.08.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.06 Initial Certification and Recertification Requirements {#sec-env-a-4609.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.06}

(a) Except as provided in (b) through (d) or (g), below, the owner or operator of a CO2 budget unit shall comply with the initial certification and recertification procedures specified in Env-A 4609.06 and 40 CFR 75.20 for:

(1) A continuous emissions monitoring system (CEMS), including the automated data acquisition and handling system;

(2) A monitoring system excepted under appendix D of 40 CFR part 75 and Env-A 4609; and

(3) Any monitoring system installed in order to meet the requirements of Env-A 4609 in a location where no such monitoring system was previously installed.

(b) The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 shall comply with the procedures in Env-A 4609.13.

(c) The owner or operator of a unit that qualifies to use an alternative monitoring system under Subpart E of 40 CFR part 75 shall comply with the procedures in Env-A 4609.14.

(d) The owner or operator of a CO2 budget unit shall be exempt from initial certification requirements for a monitoring system required under Env-A 4609.02 if the monitoring system:

(1) Previously was certified in accordance with 40 CFR part 75; and

(2) Meets all applicable quality assurance and quality control requirements of:

a. 40 CFR 75.21; and

b. Either appendix B or appendix D of 40 CFR part 75.

(e) Except as provided in (g), below, the owner or operator of a CO2 budget unit shall recertify in accordance with 40 CFR 75.20(b) for:

(1) A monitoring system that is exempt from initial certification requirements under (b)-(d), above;

(2) Any replacement, modification, or change in a certified continuous emissions monitoring system required under Env-A 4609.02 that the Administrator or the department determines, in accordance with 40 CFR Part 75, significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR part 75; and

(3) In the case of a monitoring system using stack measurements such as stack flow, stack moisture content, CO2 monitors, or O2 monitors, any replacement, modification, or change to the flue gas handling system or the unit’s operation that the Administrator or the department determines, in accordance with 40 CFR Part 75, significantly changes the flow or concentration profile.

(f) Changes which require recertification shall include, but not be limited to, replacing the analyzer, changing the location or orientation of the sampling probe or site, or changing the flow rate monitor polynomial coefficients.

(g) If the Administrator has previously approved a petition under 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16 (b)(2)(ii)(B) as pursuant to 40 CFR 75.13, for apportioning the CO2 emissions rate measured in a common stack, or a petition under 40 CFR 75.66 for an alternative requirement in 40 CFR Part 75, the CO2 AAR shall submit the petition to the department under Env-A 4609.17 to determine whether the approval applies under Env-A 4600.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.07 Approval Process for Initial Certifications and Recertifications {#sec-env-a-4609.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.07}

(a) Subject to (b), below, the requirements of Env-A 4609.08 through Env-A 4609.15 shall apply to both initial certification and recertification of a monitoring system installed in accordance with Env-A 4609.02(a).

(b) For recertifications, the following shall apply:

(1) The words “certification” and “initial certification” shall be read as “recertification”;

(2) The word “certified” shall be read as “recertified”; and

(3) The process described in 40 CFR 75.20(b)(5) and (g)(7) shall be used in lieu of Env-A 4609.12.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.08 Notification of Certification Testing and Retesting {#sec-env-a-4609.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.08}

The CO2 AAR shall submit written notices of certification testing and retesting in accordance with 40 CFR 75.61 to the department, the appropriate EPA Regional Office, and the Administrator.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.09 Certification Application {#sec-env-a-4609.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.09}

(a) The CO2 AAR shall submit a certification application which includes the information specified in 40 CFR 75.63 for each monitoring system to the department.

(b) The CO2 AAR shall submit the certification application within 45 days after completing all CO2 monitoring system certification tests required by Env-A 4609.02, including the information required under 40 CFR 75.63 and 40 CFR 75.53 (e) and (f).

(c) If the certification application is not complete, the department shall issue a written notice of incompleteness that identifies the information that is missing and sets a reasonable date by which the CO2 AAR must submit the additional information required to complete the certification application.

(d) If the CO2 AAR does not submit the additional information required to complete the certification application by the specified date, the department shall issue a notice of disapproval under Env-A 4609.11.

(e) The 120 day review period specified in Env-A 4609.11(a) shall not begin until a complete certification application is received.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.10 Provisional Certification {#sec-env-a-4609.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.10}

(a) The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3).

(b) A provisionally-certified monitor may be used under the CO2 budget trading program for a period not to exceed 120 days after receipt by the department of the complete certification application for the monitoring system or component thereof in accordance with Env-A 4609.09.

(c) Data measured and recorded by the provisionally-certified monitoring system or component thereof, in accordance with the requirements of 40 CFR part 75, shall be considered valid quality-assured data retroactive to the date and time of provisional certification, provided that the department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the department.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.11 Process and Notification for Certification Application Reviews and Decisions {#sec-env-a-4609.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.11}

(a) The department shall issue a written notice of approval or disapproval of the certification application to the CO2 AAR within 120 days of receipt of the complete certification application as specified in Env-A 4609.09.

(b) If the department does not issue such notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 CFR part 75 and is included in the certification application shall be deemed certified for use under the CO2 budget trading program.

(c) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR part 75, then the department shall issue a written notice of approval of the certification application as provided in (a), above.

(d) The department shall issue a written notice of disapproval of the certification application as provided in (a), above, if:

(1) The certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR part 75; or

(2) The certification application is incomplete and the response required under Env-A 4609.09(c) is not provided.

(e) The notice of disapproval shall:

(1) Specify the reason(s) for the disapproval; and

(2) Inform the CO2 AAR that the provisional certification is invalidated by the issuance of the notice, and that the data measured and recorded by each uncertified monitoring system or component thereof is not considered valid quality-assured data beginning with the date and hour of provisional certification.

(f) The owner or operator shall follow the procedures for loss of certification in Env-A 4609.12 for each monitoring system or component thereof, which is disapproved for initial certification.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.12 Procedures After Loss of Certification {#sec-env-a-4609.12 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.12}

If the department issues a notice of disapproval of a certification application under Env-A 4609.11(c) or a notice of disapproval of certification status under Env-A 4609.15(c) then:

(a) The owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7):

(1) For units using or intending to monitor for CO2 mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 CFR 75.19, the maximum potential hourly heat input of the unit as determined pursuant to (b), below; or

(2) For units intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under section 2.1 of appendix A of 40 CFR part 75;

(b) If the owner or operator of a unit intends to use appendix D of 40 CFR Part 75 to report the heat input of a unit, the maximum potential hourly heat input of the unit shall be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the owner or operator of the unit intends to use a flow monitor and a diluent gas monitor, the maximum potential hourly heat input of the unit shall be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration, in percent CO2, or the minimum oxygen (O2) concentration, in percent O2;

(c) The CO2 AAR shall submit a notification of certification retest dates and a new certification application in accordance with Env-A 4609.08 and Env-A 4609.09; and

(d) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.13 Initial Certification and Recertification Procedures for Low Mass Emissions Units Using Excepted Methodologies {#sec-env-a-4609.13 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.13}

(a) The owner or operator of a unit qualified to use the low mass emissions excepted methodology under Env-A 4609.04(c) shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h) and Env-A 4609.13.

(b) If the owner or operator of such a unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g).

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.14 Certification/Recertification Procedures for Alternative Monitoring Systems {#sec-env-a-4609.14 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.14}

The CO2 AAR of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, the department under Subpart E of 40 CFR part 75 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.15 Out-of-control Periods; Audit Decertification {#sec-env-a-4609.15 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.15}

(a) Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR part 75, data shall be substituted using the applicable procedures in Subpart D or appendix D of 40 CFR part 75.

(b) Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement of Env-A 4609 or the applicable provisions of 40 CFR part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department or Administrator shall issue a notice of disapproval of the certification status of such monitoring system. For purposes of this section, an audit shall be either a field audit or an audit of any information submitted to the department or the Administrator.

(c) Issuance of a notice of disapproval shall constitute revocation of the certification status of the monitoring system as of the date of the notice. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures specified in Env-A 4609.06 for each disapproved monitoring system.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.16 Recordkeeping and Reporting {#sec-env-a-4609.16 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.16}

(a) The CO2 AAR shall comply with all recordkeeping and reporting requirements in this section, the applicable record keeping and reporting requirements under 40 CFR 75.73, and with the requirements of Env-A 4604.02(a).

(b) The CO2 AAR of a CO2 budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62.

(1) The CO2 AAR shall report the CO2 mass emissions data for the CO2 budget unit, in an electronic format prescribed by the Administrator unless otherwise prescribed by the regional organization, for each calendar quarter beginning with the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under subdivision Env-A 4609.03;

(2) The CO2 AAR shall submit each quarterly report to the regional organization within 30 days following the end of the calendar quarter covered by the report, in the manner specified in Subpart H of 40 CFR part 75 and 40 CFR 75.64;

(3) Quarterly reports shall be submitted for each CO2 budget unit, or for each group of units using a common stack, which include all of the data and information required in Subpart G of 40 CFR part 75, except for opacity, NOx, and SO2 provisions;

(4) The CO2 AAR shall include a compliance certification with, and in support of, each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored; and

(5) The certification shall state that:

a. The monitoring data submitted were recorded in accordance with the applicable requirements of both 40 CFR part 75 and this section, including the quality assurance procedures and specifications;

b. For a unit with add-on CO2 emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emissions controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B of 40 CFR part 75 and the substitute values do not systematically underestimate CO2 emissions; and

c. The CO2 concentration values substituted for missing data under Subpart D of 40 CFR part 75 do not systematically underestimate CO2 emissions.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.17 Petitions {#sec-env-a-4609.17 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.17}

(a) Except as provided in (c), below, the CO2 AAR of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75.

(b) The CO2 AAR of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75.

(c) If the Administrator declines to review a petition, the CO2 AAR of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the department requesting approval to apply an alternative to any requirement of Env-A 4609. The petition shall contain all of the relevant information specified in 40 CFR 75.66.

(d) The CO2 AAR of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition to the Administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2).

(e) The use of an alternative to any such requirement shall only satisfy the requirements of this chapter if the petition is approved in writing by the Administrator and by the department.

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.18 CO2 Budget Units that Report Co-firing Eligible Biomass {#sec-env-a-4609.18 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.18}

(a) The CO2 AAR of a CO2 budget unit that co-fires eligible biomass as a compliance mechanism shall report the following information to the regional organization for each calendar quarter:

(1) For each shipment of solid eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel input, on an as-fired basis, in pounds;

(2) For each shipment of solid eligible biomass fuel fired at the CO2 budget unit, the moisture content, on an as-fired basis, as a fraction by weight;

(3) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the density of the biogas, on an as-fired basis, in pounds per standard cubic foot;

(4) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the moisture content of the biogas, as a fraction by total weight;

(5) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel input, in standard cubic feet;

(6) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the dry basis carbon content of the fuel type, as a fraction by dry weight;

(7) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the dry basis higher heating value, in MMBtu per dry pound;

(8) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the total dry basis eligible biomass fuel input, in pounds, calculated in accordance with (c) or (d), below;

(9) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, chemical analysis, including heating value and carbon content;

(10) The total amount of CO2 emitted from the CO2 budget unit due to firing eligible biomass fuel, in tons, calculated in accordance with (e), below;

(11) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel heat input, in MMBtu, calculated in accordance with (f)(1), below;

(12) The total amount of heat input to the CO2 budget unit due to firing eligible biomass fuel, in MMBtu, calculated in accordance with (f)(2), below;

(13) A compliance certification and documentation of fuel sampling frequency and methodology; and

(14) A compliance certification and documentation of monitoring technology employed.

(b) The owner or operator of a CO2 budget unit shall calculate and submit to the regional organization on a quarterly basis the total dry weight for each distinct type of eligible biomass co-fired by the CO2 budget unit during the reporting quarter.

(1) For solid fuel, as determined in accordance with (c), below;

(2) For gaseous fuel, as determined in accordance with (d), below; or

(3) For eligible liquid biofuel, as proposed by the CO2 budget source and approved by the department in accordance with Env-A 4609.21.

(d) The total eligible biomass dry basis fuel input, in pounds, for solid fuel shall be calculated as follows:

(1) “Fj” means the total eligible biomass dry basis fuel input, in pounds, for fuel type j;

(2) “Fi” means the eligible biomass as fired fuel input, in pounds, for fired shipment i;

(3) “Mi” means the moisture content fraction for fired shipment i:

(4) “i” means the fired fuel shipment;

(5) “j” means the fuel type;

(6) “n” means the number of shipments; and

(7) Fj equals the sum of each product of Fi and the difference between one and M i, as shown in the following equation:

Fj = Σ (1 – M i) x Fi

i = 1

(e) The total eligible biomass dry basis fuel input, in pounds, for gaseous fuel shall be calculated as follows:

(1) “Fj” means the total eligible biomass dry basis fuel input, in pounds, for fuel type j;

(2) “Dj” means the density of biogas, in pounds per standard cubic foot (scf) for each distinct fuel type;

(3) “Vj” means the total volume in scf for fuel type j;

(4) “Mi” means the moisture content fraction for fired shipment j;

(5) “j” means the fuel type ; and

(6) The Fj is the product of Dj times Vj, multiplied by the difference between one and M j, as shown in the following equation:

Fj = Dj x Vj x (1 – Mj)

(f) CO2 emissions due to co-firing of eligible biomass shall be determined as follows:

(1) “CO2 tons” means the tons of CO2 emissions due to co-firing of eligible biomass for the reporting quarter;

(2) “Fj” means the total eligible biomass dry basis fuel input, in pounds, for fuel type j, as calculated in (c) or (d), above, as applicable;

(3) “Cj” means the dry basis carbon fraction for fuel type j;

(4) “Oj” means the oxidation factor for eligible biomass fuel type j, derived for solid fuels based on the ash content of the eligible biomass fired and the carbon content of this ash as determined in accordance with the methodologies certified and documented pursuant to (a)(13)-(14), and for gaseous eligible biomass fuels, using a default oxidation factor of 0.995;

(5) “j” means the fuel type;

(6) “n” means the number of distinct fuel types; and

(7) The CO2 emissions due to co-firing of eligible biomass shall be the sum of the products of Fj and Cj and Oj and 44/12 and 0.0005 as shown in the following equation during periods of co-firing:

CO2 tons = Σ Fj x Cj x Oj x 44/12 x 0.0005

j = 1

(g) Heat input due to co-firing of eligible biomass for each quarter shall be determined as follows:

(1) “Hj” means the heat input, in MMBtu, for each distinct fuel type j;

(2) “Fj” means the total eligible biomass dry basis fuel input, in lbs, for fuel type j, as calculated in (c) or (d);

(3) “HHVj” means the higher heating value, in MMBtu/lb, dry basis, for fuel type j, as determined through chemical analysis;

(4) “j” means the fuel type;

(5) “n” means the number of distinct fuel types;

(6) For each distinct fuel type, the heat input, in MMBtu, for each distinct fuel type j shall equal the product of Fj and HHVj as shown in the following equation:

Hj = Fj x HHVj

(7) Htot” means the heat input, in MMBtu, for all fuel types; and

(8) For all fuel types, the heat input, in MMBtu, for all fuel types shall equal the sum of each Hj as shown in the following equation:

Htot = Σ Hj

j = 1

History

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.19 CO2 Emissions Due to the Firing of Eligible Biomass Alone {#sec-env-a-4609.19 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.19}

The CO2 emissions due to firing of eligible biomass by itself and not co-fired with another fuel, shall be as measured and recorded by the continuous emissions monitor during all periods when firing eligible biomass alone.

History

#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20

N.H. Code Admin. R. Ann. Env-A 4609.20 Determining CO2 Emissions from Co-firing Eligible Liquid Biofuel {#sec-env-a-4609.20 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4609.20}

(a) The owner or operator of a source who wishes to deduct the CO2 emissions from co-fired eligible liquid biofuel from the source’s total CO2 emissions shall propose a method for determining the CO2 emissions attributable to the eligible liquid biofuel to the department in writing.

(b) The proposal submitted pursuant to (a), above, shall contain such information as is necessary to explain the method and demonstrate that it accurately determines the CO2 emissions from the eligible liquid biofuel being co-fired at the source.

(c) The department shall approve the method if it determines that the method accurately determines the CO2 emisisons attributable to the eligible liquid biofuel co-fired by the source.

Ruling on the eligibility of PSNH Schiller Station Unit #5 for renewable portfolio standards.

Appendix A: State Statutes, Federal Statutes/Regulations Implemented

Rule Section(s)

State or Federal Statute or Federal Regulation Implemented

Env-A 4600

RSA 125-O:20-29

History

#9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by

Chapter Env-A 4800 Carbon Dioxide (co2) Allowance Auction Program

Part Env-A 4801 Purpose; Applicability; Definitions

N.H. Code Admin. R. Ann. Env-A 4801.01 Purpose {#sec-env-a-4801.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4801.01}

The purpose of this chapter is to provide for the administration and implementation of carbon dioxide (CO2) allowance auctions under RSA 125-O:20-29 and Env-A 4600, Carbon Dioxide (CO2) Budget Trading Program.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4801.02 Applicability {#sec-env-a-4801.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4801.02}

The rules in this chapter shall apply to all auctions held under the authority of RSA 125-O:20-29.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4801.03 Definitions Incorporated {#sec-env-a-4801.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4801.03}

The definitions established in Env-A 4600 shall apply to this chapter.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4801.04 Additional Definitions Specific to Chapter Env-A 4800 {#sec-env-a-4801.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4801.04}

(a) “Department contact person” means the employee of the department designated to communicate with the public regarding the auctions to be conducted pursuant to this chapter, as identified on the CO2 allowance auction website.

(b) “CO2 allowance auction website” means the website containing information regarding the auctions to be conducted pursuant to this chapter, which is available through a link from the department’s main website at https://www.des.nh.gov/climate-and-sustainability/energy/emission-reduction-strategies.

(c) “Reserve price” means the minimum price for each CO2 allowance in a specific auction, which is either the minimum reserve price or the CCR trigger price.

(d) “Single-round sealed-bid uniform price auction” means an auction that has a single round, in which bidders submit one or more bids at different prices and the price paid by all successful bidders is uniform and equal to the highest rejected bid price.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

Part Env-A 4802 Implementation of Co2 Allowance Auctions

N.H. Code Admin. R. Ann. Env-A 4802.01 Design, Implementation, and Administration of Allowance Auctions {#sec-env-a-4802.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4802.01}

The department shall work with the regional organization to design, implement, and administer CO2 allowance auctions in accordance with the objectives identified in RSA 125-O:20-29 and the provisions of this chapter.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4802.02 New Hampshire Auction Account {#sec-env-a-4802.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4802.02}

(a) The department shall establish the New Hampshire auction account (NHAA) as the repository for all CO2 allowances that are available for auction, including but not limited to allowances from the CO2 budget trading program adjusted budget not otherwise allocated or granted or reserved under RSA 125-O:22, VI, RSA 125-O:24, or RSA 125-O:25.

(b) The regional organization shall administer the NHAA such that allowances allocated to the NHAA by the department are made available for sale in CO2 allowance auctions as described in this chapter.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4802.03 Multi-State Auctions {#sec-env-a-4802.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4802.03}

The department shall participate in a multi-state CO2 allowance auction if the department determines that:

(a) Multi-state auction capabilities and processes are in place for the participating states;

(b) A multi-state auction can provide benefits that meet or exceed the objectives of the auction and purposes of the NHAA, as described in this part; and

History

#9284, INTERIM, eff 10-1-08, EXPIRE: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4802.04 Single-State Auctions {#sec-env-a-4802.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4802.04}

The department shall conduct a New Hampshire-only, single-state auction if, in consultation with the Air Pollution Advisory Committee (APAC) established by RSA 125-J:11, it determines that:

(a) The conditions specified in Env-A 4802.03 have not been satisfied; and

(b) Budget allowances other than those granted or reserved under RSA 125-O:22, VI, RSA 125-O:24, or RSA 125-O:25 are available for auction.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4802.05 Auction Proceeds {#sec-env-a-4802.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4802.05}

(a) As required by RSA 125-O:21, III, the proceeds of CO2 allowance auctions shall be deposited into the energy efficiency fund established under RSA 125-O:23.

(b) The proceeds of the CO2 allowance auctions shall be used as specified in RSA 125-O:23.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

Part Env-A 4803 Co2 Allowance Auctions: General Requirements; Frequency; Quantity; Reserve Price; Bidding; Unsold Allowances

N.H. Code Admin. R. Ann. Env-A 4803.01 General Requirements for CO2 Allowance Auctions {#sec-env-a-4803.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.01}

(a) Upon allocation of CO2 allowances into the NHAA, the department shall participate in or conduct CO2 allowance auctions to sell such allowances pursuant to this chapter.

(b) The auctions shall be conducted at such time and manner as determined by the department, in consultation with the regional organization.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.02 Frequency of CO2 Allowance Auctions {#sec-env-a-4803.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.02}

(a) Subject to (b) below, CO2 allowance auctions shall be held quarterly;

(b) The department shall consult with the APAC to determine whether to:

(1) Change the frequency to other than quarterly; and

(2) Hold a CO2 allowance auction in the event that one or more participating states are unable to participate due to failure to establish and implement an auction process, whether by rule or otherwise.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.03 Calendar of CO2 Allowance Auctions {#sec-env-a-4803.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.03}

(a) The regional organization shall maintain a calendar of anticipated auction dates on the CO2 allowance auction website.

(b) The calendar shall include the dates of CO2 allowance auctions in the current year and, for each, indicate the auction format and the number of allowances and allocation years of allowances anticipated to be auctioned at each auction.

(c) The regional organization shall revise the calendar as necessary, provided that the information relevant to the next scheduled CO2 allowance auction shall be fixed no later than 45 calendar days prior to such auction.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.03); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.04 CO2 Allowance Auction Notice {#sec-env-a-4803.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.04}

(a) A CO2 allowance auction notice shall be published on the CO2 allowance auction website no later than 45 days prior to the date upon which the auction shall be conducted. The CO2 allowance auction notice shall be transmitted electronically to any person who has requested such notification and submitted an electronic-mail address to the department contact person or the regional organization.

(b) Each CO2 allowance auction notice shall provide a specific description of all auction participation requirements, including, but not limited to, information including the date, time, and location of the CO2 allowance auction, the categories of bidders who will be eligible to bid, the quantity of CO2 allowances to be auctioned by allocation year, the auction format, the amount and type of financial security required, any participation limitations, information regarding settling and clearing of allowance payments, instructions as to qualification applications, other pertinent procedures of the auction, and identification of a department contact person for further information.

(1) The number of CO2 allowances offered for sale at the auction, not including any CO2 CCR allowances;

(2) The number of CO2 CCR allowances that will be offered for sale;

(3) The minimum reserve price for the auction; and

(4) The CCR trigger price for the auction.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.05 Quantity of CO2 Allowances Available {#sec-env-a-4803.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.05}

(a) Prior to the end of each control period, CO2 allowances in a quantity equal to the number of CO2 allowances allocated by the department to the NHAA in accordance with RSA 125-O:26 for such control period shall be made available for sale.

(b) CO2 allowances shall be made available for sale by allocation year.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.06 Quantity of CO2 CCR Allowances Available {#sec-env-a-4803.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.06}

The quantity of CO2 CCR allowances available at auction shall be determined in accordance with RSA 125-O:29.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.05); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.07 Lot Sizes {#sec-env-a-4803.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.07}

CO2 allowances shall be made available for sale in lot sizes of 1,000 allowances, except where available supply requires a smaller lot size.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.06); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.08 Reserve Price {#sec-env-a-4803.08 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.08}

(a) In administering auctions, the regional organization shall publish or otherwise announce the auction’s minimum reserve price and the CCR trigger price prior to each auction.

(b) No allowances shall be sold at any auction for a price below the minimum reserve price for that auction or, if applicable, the CCR trigger price.

(c) At an auction in which CO2 CCR allowances are not made available for sale, the reserve price shall be the minimum reserve price.

(d) At an auction in which CO2 CCR allowances are made available for sale, the reserve price shall be the CCR trigger price.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.07); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.09 Minimum Reserve Price (MRP) {#sec-env-a-4803.09 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.09}

The minimum reserve price in calendar year 2024 shall be $ 2.56. Each calendar year thereafter, the minimum reserve price shall be the minimum reserve price from the previous calendar year multiplied by 1.025, and rounded to the nearest whole cent.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.08); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.10 Bidding {#sec-env-a-4803.10 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.10}

(a) All bids shall be in the format prescribed by the regional organization, which shall be available electronically on the CO2 allowance auction website.

(b) All bids submitted shall be considered binding offers for the purchase of allowances under the rules of the auction, this chapter, and Env-A 4600.

(c) No single participant, nor any combination of participants that share beneficial ownership of any allowances, shall purchase, in the aggregate, greater than 25 percent of the allowances available at an auction, not including the CCR allowances.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14 (from Env-A 4803.09); ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4803.11 Cost Containment Reserve (CCR) Allowances {#sec-env-a-4803.11 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4803.11}

(a) The department shall allocate CO2 CCR allowances to the NHAA for sale at auction in accordance with and for the cost containment purposes set forth in RSA 125-O:29.

(b) CO2 CCR allowances allocated for sale in subsequent auctions shall be offered for sale in accordance with RSA 125-O:29.

History

#10470, eff 1-1-14; ss by #13974, eff 5-23-24

Part Env-A 4804 Auction Participation: Eligibility and Limitations

N.H. Code Admin. R. Ann. Env-A 4804.01 Participant Categories {#sec-env-a-4804.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.01}

(a) Participant categories shall be as follows:

(1) Owners of CO2 budget units located in New Hampshire;

(2) Owners of CO2 budget units located outside of New Hampshire but within those participating states that have final CO2 budget trading regulatory provisions in place at the time of the CO2 allowance auction;

(3) Owners of fossil fuel-fired generation units located outside of the participating states;

(4) Brokers;

(5) Environmental groups;

(6) Financial and investment institutions; and

(7) Other market participants.

(b) If the department determines, based on the report submitted pursuant to Env-A 4805.02 or on other information received, that evidence suggests there has been or significant potential exists for collusion, market power, or price manipulation by any of the categories of eligible bidders listed above, the department shall direct the regional organization to adjust the categories of eligible bidders as necessary to counter the collusion, market power, or price manipulation.

(c) Any limitations on the categories of eligible bidders shall be listed in the CO2 allowance auction notice for that auction.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.02 Participation Eligibility {#sec-env-a-4804.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.02}

Any person wishing to participate in a CO2 allowance auction under the provisions of this chapter shall:

(a) Open and maintain a compliance account or general account pursuant to Env-A 4607;

(b) Submit an application for qualification as specified in Env-A 4804.03 and the CO2 allowance auction notice, or, if the applicant was deemed qualified to participate for a prior auction, submit an update of any information that has changed since the original qualification;

(d) Provide financial security as specified in Env-A 4804.07 and the CO2 allowance auction notice.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.03 Application for Qualification; Updates {#sec-env-a-4804.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.03}

(a) Any person wishing to participate in a CO2 allowance auction shall submit an application for qualification in the form and manner provided in the CO2 allowance auction notice to the regional organization on or before the application deadline date specified in the CO2 allowance auction notice, which date shall be no sooner than 15 days following the date of publication of the notice.

(b) Application information and forms shall be available electronically on the CO2 allowance auction website at https://www.rggi.org/auctions/auction-materials or as noted in Appendix B.

(c) Once an applicant has been determined to be qualified to participate in an auction under Env-A 4804.06, the applicant shall update the information submitted with the original application for qualification prior to any auction in which the applicant wishes to participate. Such update shall include the date the change occurred and describe the change in sufficient detail to enable the department to determine whether a change in the qualification status to participate in future auctions is warranted.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.04 Notice of Intent to Bid {#sec-env-a-4804.04 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.04}

Any person wishing to participate in a CO2 allowance auction shall submit a notice of intent to bid:

(a) In the format specified in the CO2 allowance auction notice; and

(b) By the deadline specified in the CO2 allowance auction notice.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.05 Content of Qualification Application or Notice of Intent to Bid {#sec-env-a-4804.05 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.05}

Either in the qualification application or the notice of intent to bid, as specified in the CO2 allowance auction notice, the applicant shall provide information and documentation relating to its ability and authority to execute bids and honor contractual obligations, including but not limited to:

(a) Information and documentation regarding the corporate identity, ownership, affiliations, and capital structure of the entity represented by the applicant;

(b) Declarations as to the beneficial ownership of any allowance that may be acquired through the auction;

(c) The identification of any indictment or felony conviction of any member, director, principal, partner, or officer of the applicant or any affiliate or related entity;

(d) A statement by the applicant as to prior findings of non-responsibility or failure to secure financing with regard to any procurement by the applicant or the entity represented by the applicant or any affiliate or related entity associated with any commodity market or exchange;

(e) The identification of any previous or pending investigation of the applicant or the entity represented by the applicant or any affiliate or related entity with respect to any alleged violation of any rule, regulation, or law associated with any commodity market or exchange;

(f) Evidence demonstrating that the applicant has opened a general account or compliance account as specified in Env-A 4607; and

(g) The identification of relationships with any other account holder.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.06 Review of Applications, Updates, and Notices of Intent to Bid {#sec-env-a-4804.06 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.06}

(a) The regional organization shall review each application for qualification, each update, and each notice of intent to bid that is submitted as specified in the CO2 allowance auction notice.

(b) If a submittal is determined to be incomplete or if the information provided is insufficient to allow the department to determine that the applicant is qualified to participate, the department shall direct the regional organization to so inform the applicant and state the reason(s) therefore. An applicant whose submittal is determined to be incomplete or deficient shall be given no less than 5 business days and no more than 10 business days to provide additional information and to cure the deficiencies.

(c) In reviewing a submittal, the regional organization, in consultation with the department, shall consider the information submitted by the applicant and any other information regarding the applicant that is known to the department.

(d) The department shall direct the regional organization to accept the submittal if the applicant demonstrates that it has the ability and authority to execute bids and honor contractual obligations. If the department determines that conditions are required in order to ensure that associated entities do not collectively bid on greater than 25% of the allowances available at that auction, not including the CCR allowances, the department shall direct the regional organization to accept the submittals with conditions.

(e) The regional organization shall notify the applicant of the department’s decision and any conditions of acceptance. If the applicant is found to not be qualified to participate in the auction, the notice shall specify the reason(s) for the decision.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09 (from Env-A 4804.05); ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4804.07 Financial Security {#sec-env-a-4804.07 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4804.07}

(a) To receive approval to participate in any specific auction, otherwise qualified bidders shall provide financial security in the form and manner described in the CO2 allowance auction notice.

(b) Any person who has posted financial security may request return of the financial security at any time prior to or following any CO2 allowance auction. The regional organization shall return said financial security upon request, provided that the department has no current or pending claim to such security as a result of a failure of the person to comply with these rules or to pay the full amount of an accepted bid when due. If the request for return of financial security is made prior to the auction, the request shall be deemed a withdrawal from participating in that auction.

(d) If a bidder’s offer is accepted in a CO2 allowance auction and the bidder fails to tender payment of the full amount when due, the department shall direct the regional organization to retain that portion of the financial security needed to cover the full amount owed by the bidder.

History

#9445, eff 4-3-09 (from Env-A 4804.06); ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

Part Env-A 4805 Auction Monitoring and Reporting; Transfer of Co2 Allowances

N.H. Code Admin. R. Ann. Env-A 4805.01 Auction and Secondary Market Monitoring {#sec-env-a-4805.01 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4805.01}

(a) The department shall direct the regional organization to engage a professional independent auction monitor, such as a certified public accounting firm or similar entity, to observe and report on the conduct and outcome of each auction.

(b) The auction monitor shall:

(1) Monitor each CO2 allowance auction;

(2) Monitor allowance market data and information, including allowance transactions and associated pricing reported in the CO2 allowance tracking system and other relevant data and information; and

(3) Develop and apply data collection methods, metrics, and analytic techniques, and thresholds for identifying any bidding behavior or activity that might have a significant impact on the efficiency and performance of such auctions, including, but not limited to, collusion, market power, or price manipulation.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4805.02 Reporting by Auction Monitor {#sec-env-a-4805.02 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4805.02}

The auction monitor shall submit a written report to the department, prepared in accordance with professional auditing standards, which discusses:

(a) Whether the auction was conducted in accordance with the rules and procedures in the associated N notice of CO2 allowance auction; and

(b) Whether any behavior or activity as described in Env-A 4805.01(b)(3) may be interfering with the goal of ensuring fair competition, efficient pricing, and protection against collusive or manipulative behavior in the CO2 allowance auctions and the CO2 budget trading program.

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24

N.H. Code Admin. R. Ann. Env-A 4805.03 Transfer of CO2 Allowances {#sec-env-a-4805.03 omnilex-key=us-nh-regs-official--agency-env-a--Env-A 4805.03}

The regional organization shall transfer the corresponding CO2 allowances to a successful bidder’s compliance or general account, as specified by the bidder, upon receipt of:

(a) Notification from the department that the department has received the report from the auction monitor; and

(b) Payment in full by the successful bidder.

APPENDIX

Rule Section(s)

State or Federal Statute or Federal Regulation Implemented

Env-A 4800

RSA 125-O:21, III; RSA 125-O:26, RSA 125-O:29

APPENDIX B: Incorporation by Reference Information

Rule

Title (Date)

Source

Env-A 4804.03(b)

Auction Notice for CO₂ Allowance Auction 64 on June 5, 2024.

Regional Greenhouse Gas Initiative, Inc.

90 Church Street, 4th Floor

New York, NY 10007

Or call: (212) 417-7329

Download at no charge from: https://www.rggi.org/auctions/auction-materials

History

#9284, INTERIM, eff 10-1-08, EXPIRED: 3-30-09
#9445, eff 4-3-09; ss by #10470, eff 1-1-14; ss by #13974, eff 5-23-24