Regulations last checked for updates: Nov 24, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024
§ 52.1519 - Identification of plan—conditional approval.

(a) The following plan revisions were submitted on the dates specified.

(1) On January 12, 1993, the New Hampshire Department of Environmental Services submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On May 19, 1994, New Hampshire submitted a letter deleting portions of the January 12, 1993 submittal. In these submissions, the State commits to designate a state agency to house the small business ombudsman and to submit adequate legal authority to establish and implement a compliance advisory panel and a small business ombudsman. Additionally, the State commits to have a fully operational PROGRAM by November 15, 1994.

(i) Incorporation by reference. (A) Letter from the New Hampshire Department of Environmental Services dated January 12, 1993 submitting a revision to the New Hampshire State Implementation Plan.

(B) State Implementation Plan Revision for a Small Business Technical and Environmental compliance Assistance Program dated January 12, 1993.

(C) Letter from the New Hampshire Department of Environmental Services dated May 19, 1994 revising the January 12, 1993 submittal.

(ii) Additional materials. (A) Non-regulatory portions of the State submittal.

(2)-(11) [Reserved]

(12) On December 22, 2022, the New Hampshire Department of Environmental Services (NHDES) submitted a request to amend New Hampshire's Env-A 300, “Ambient Air Quality Standards” regulation, as a revision to New Hampshire's State Implementation Plan (SIP). NHDES revised this regulation to incorporate into its SIP revised National Ambient Air Quality Standards (NAAQS). On March 6, 2024, EPA strengthened the fine particulate matter (PM2.5) primary annual NAAQS. On May 16, 2024, New Hampshire submitted a letter to EPA committing to adopt a revised version of Env-A 300 which includes the current EPA PM2.5 primary annual NAAQS.

(b)-(c) [Reserved]

[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001; 77 FR 63233, Oct. 16, 2012; 80 FR 57724, Sept. 25, 2015; 80 FR 78139, Dec. 16, 2015; 81 FR 44553, July 8, 2016; 82 FR 24061, May 25, 2017; 89 FR 74836, Sept. 13, 2024]
§ 52.1520 - Identification of plan.
Link to an amendment published at 89 FR 88146, Nov. 7, 2024.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for New Hampshire under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 18, 2009, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after August 18, 2009, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of August 18, 2009.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from the EPA Regional Office, please call (617) 918-1668; for materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA-Approved New Hampshire Regulations

State citation Title/subject State effective date EPA approval date 1 Explanations
Env-A 100Organizational Rules: Definitions5/3/20039/25/2015, 80 FR 57724Adding definition of “Minor permit amendment” and “State permit to operate.”
Env-A 100Definition of “Incinerator”4/29/20032/16/2018, 83 FR 6972Remove Part Env-A 101.59, definition of “Incinerator” and replace with “[reserved].”
Env-A 100Definition of “Wood Waste Burner”4/29/20032/16/2018, 83 FR 6972Remove Part Env-A 101.95, definition of “Wood Waste Burner” and replace with “[reserved].”
Env-A 100Definitions3/24/19979/7/2018, 83 FR 45356Revisions made affecting eleven definitions.
Env-A 100Definition of “Incinerator”4/23/20132/16/2018, 83 FR 6972Approve Part Env-A 101.104, definition of “Incinerator.”
Env-A 100Definition of “Wood Waste Burner”1/14/20052/16/2018, 83 FR 6972Approve Part Env-A 101.219, definition of “Wood Waste Burner.”
Env-A 100Definition of “Emergency generator”8/15/20189/6/2023, 88 FR 60893Revision to the term “Emergency generator” as used within the state's air pollution control regulations.
Env-A 200Permit Notice and Hearing Procedures5/25/2017, 82 FR 24057Removal of Env-A 205 from SIP
Env-A 300Ambient Air Quality Standards5/24/20229/13/2024, 89 FR 74834
Env-A 600Statewide Permit System4/20/20215/6/2022, 87 FR 26999Revisions to Env-A 619.13 to incorporate updated reference date to the ambient air quality modeling guidelines at 40 CFR part 51, Appendix W.
Env-A 800Testing and Monitoring Procedures4/30/20195/6/2022, 87 FR 26999Minor revisions to the previously approved Env-A 800 rule be incorporated into the State's SIP, except for Env-A 801.02(b) and (d) that relate to trading, and Env-A 810.
Env-A 807Testing and MonitoringProcedures10/31/200211/7/2016, 81 FR 78054Approve Part Env-A 807 “Testing for Opacity of Emissions.”
Env-A 900Owner or Operator Obligations7/18/20153/30/2018, 83 FR 13668Approved sections Env-A 901 through 911, except for the following sections withdrawn by the State and which are not part of the approved SIP: Env-A 907.01(d) and (e); 907.02(a)(1), (d)(1) a. and c., (d)(2), and (e); 907.03; 911.04(b) and (c); 911.05.
Env-A 1000Control of Open Burning8/1/20198/11/2022Approve the amended Part Env-A 1000 “Prevention, Abatement and Control of Open Source Air Pollution” to supersede the previously SIP-approved version.
Env-A 1200Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT)10/17/20195/6/2022, 87 FR 26999
Env-A 1300NOX RACT8/15/2018 and
3/20/2023
9/6/2023, 88 FR 60893Regulation, effective 8/15/2018, containing emissions limits and other requirements for stationary sources of nitrogen oxides approved except for sections pertaining to coal-fired cyclone boilers at Env-A 1303.06(b) and (c). Revisions made to Env-A 1303.02 and 1303.04. effective 3/20/2023.
8/15/20184/30/2024, 89 FR 34137Requirements pertaining to coal-fired cyclone boilers at Env-A 1303.06(b) and (c).
Env-A 1500Conformity1/18/20203/10/2022, 87 FR 13634Env-A 1500 revision approved entirely.
Env-A 1600Fuel Specifications12/21/20184/26/2021, 86 FR 21942Env-1600 replaces the previously approved Env-400 Sulfur Content Limits in Fuels.
Env-A 1900Emission Standards and Operating Practices for Incinerators4/23/20132/16/2018, 83 FR 6972Approve Part Env-A 1900 “Incinerators and Wood Waste Burners.”
Env-A 2100Particulate Matter and Visible Emissions Standards4/23/201311/7/2016, 81 FR 78054Approve Chapter Env-A 2100, except Part Env-A 2103.03 “Affirmative Defense to Penalty Action,” which NH DES did not submit for approval.
Env-A 2300Mitigation of Regional Haze11/22/201410/6/2016, 81 FR 70361Revises Env-A 2302.02
Env-A 2400Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations4/23/201311/7/2016, 81 FR 78054Approve Chapter Env-A 2400, except PART Env-A 2405 “Affirmative Defenses for Violations of Visible Emission Standards,” which NH DES did not submit for approval.
Env-A 2700Hot Mix Asphalt Plants2/16/201311/7/2016, 81 FR 78054
Env-A 2703.02(a)Hot Mix Asphalt Plants11/4/20048/22/2012, 77 FR 50608Adopted Regulation established Hot Mix Asphalt Plant Requirements.
Env-A 2800Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete Sources10/1/201011/7/2016, 81 FR 78054
Env-A 3200NOx Budget Trading Program7/27/199811/14/2000, 65 FR 68078Approved Parts Env-A 3201 through 3218.
Env-A 3600National Low Emission Vehicle (National LEV) Program7/21/19993/9/2000, 65 FR 12476Approved Parts Env-A 3601 through 3603
Env-Or 500Recovery of Gasoline Vapors11/17/20125/29/2014, 79 FR 30735Includes decommissioning of Stage II vapor recovery systems.
Saf-C 3200Official Motor Vehicle Inspection Requirements11/26/20194/29/202489 FR 33232Replaces the SIP-approved version of Saf-C 3200 in its entirety. Specifically, amends Saf-C 3202, Saf-C 3203, Saf-C 3204, Saf-C 3205, Saf-C 3206.04, Saf-C 3207.01, Saf-C 3209, Saf-C 3210.02, and Saf-C 3222. Saf-C 3222.04(d) and section Saf-C 3248 are not being incorporated into the New Hampshire SIP.
Saf-C 5800Roadside Diesel Opacity Inspection1/1/19991/25/2013, 78 FR 5292Approving submitted regulation with the exception of subsection Saf-C 5805.
Title 1 of the New Hampshire Statues: The State and Its Government, Chapter 21-ODepartment of Environmental Services7/1/198612/16/2015, 80 FR 78139Section 21-O:11, Air Resources Council.
Title X of the New Hampshire Statutes: Public Health, Chapter 125-CAir Pollution Control7/1/197912/16/2015, 80 FR 78139Section 125-C:1—Declaration of Policy and Purpose; Section 125-C:2—Definitions; Section 125-C:4—Rulemaking Authority; Subpoena Power; Section 125-C:6—Powers and Duties of the Commissioner; Section 125-C:8—Administration of Chapter; Delegation of Duties; Section 125-C:9—Authority of the Commissioner in Cases of Emergency; Section 125-C:10—Devices Contributing to Air Pollution; Section 125-C:10a—Municipal Waste Combustion Units; Section 125-C:11—Permit Required; Section 125-C:12—Administrative Requirements; Section 125-C:13—Criteria for Denial; Suspension or Revocation; Modification; Section 125-C:14—Rehearings and Appeals; Section 125-C:18—Existing Remedies Unimpaired; Section 125-C:19—Protection of Powers; and Section 125-C:21—Severability.
Title X of the New Hampshire Statutes: Public Health, Chapter 125-OMultiple Pollutant Reduction Program7/1/200212/16/2015, 80 FR 78139Section 125-O:1—Findings and Purpose; Section 125—O:3—Integrated Power Plant Strategy.

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this column for the particular provision.

(d) EPA-approved State Source specific requirements.

EPA-Approved New Hampshire Source Specific Requirements

Name of source Permit No. State effective date EPA approval date Additional explanations/§ 52.1535 citation
The James River—Berlin/Gorham, Inc. Berlin, NH5/2/19849/27/1984, 49 FR 38104See 52.1535(c)(33). Administrative order issued May 2, 1984 to the James River Corporation.
Operating limits for boilers at Dartmouth CollegePermit Number PO-B-1501, condition 51/6/19862/2/1987, 52 FR 3117See 52.1535(c)(35).
Operating limits for boilers at Dartmouth CollegePermit Number PO-B-1502, condition 51/6/19862/2/1987, 52 FR 3117See 52.1535(c)(35).
Operating limits for boilers at Dartmouth CollegePermit No. PO-B-1503, condition 51/6/19862/2/1987, 52 FR 3117See 52.1535(c)(35).
Operating limits for boilers at Dartmouth CollegeTemporary Permit TP-B-150, condition 2, 3 and 41/6/19862/2/1987, 52 FR 3117See 52.1535(c)(35).
The James River Corporation, Groveton, NHPermit Number PO-B-1550, Conditions 5B, 5C, and 5D9/6/198512/14/1987, 52 FR 47392See 52.1535(c)(38). The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River Corporation, Groveton, NH.
The James River Corporation, Groveton, NHPermit Number PO-B-213, Conditions 2 and 5A9/6/198512/14/1987, 52 FR 47392See 52.1535(c)(38). The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River Corporation, Groveton, NH.
The James River Corporation, Groveton, NHPermit No. PO-B-214, Conditions 2 and 5A9/6/198512/14/1987, 52 FR 47392See 52.1535(c)(38). The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River Corporation, Groveton, NH.
The James River Corporation, Groveton, NHPermit No. PO-B-215, Conditions 2 and 5A9/6/198512/14/1987, 52 FR 47392See 52.1535(c)(38). The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River Corporation, Groveton, NH.
The James River Corporation, Groveton, NHPermit No. PO-BP-2240, Condition 5B9/6/198512/14/1987, 52 FR 47392See 52.1535(c)(38). The air permit conditions limit sulfur-in-fuel content to 2.2% sulfur by weight at the James River Corporation, Groveton, NH.
VOC RACT for Kalwall Corporation, Manchester, NHOrder ARD-95-0109/10/19969/7/2018, 83 FR 45356See § 52.1535(c)(51). Order superseded by Order ARD-99-001, effective date 11/20/2011.
VOC RACT for Textile Tapes Corporation, Gonic, NHOrder ARD-96-00110/4/19963/10/1998, 63 FR 11600See 52.1535(c)(51).
Source specific NOX RACT order for Crown Vantage, Berlin, NHOrder ARD-97-0039/24/19975/13/1998, 63 FR 26455See 52.1535(c)(54).
VOC RACT for Anheuser-Busch, Merrimack, NHOrder ARD-00-0014/15/20027/23/2002, 67 FR 48033See 52.1535(c)(68).
PSNH Merrimack StationTP-00087/8/20118/22/2012, 77 FR 50602Flue Gas Desulfurization System. Portions of this permit have been superseded by TP-0189 for PSNH d/b/a Eversource Energy Merrimack Station.
Hitchiner ManufacturingARD-02-0016/21/200211/5/2012, 77 FR 66388Single source VOC RACT order for facility in Milford, NH.
Hutchinson Sealing SystemsARD-01-0028/8/200211/5/2012, 77 FR 66388Single source VOC RACT order for facility in Newfields, NH.
Kalwall CorporationARD-99-00111/20/20119/7/2018, 83 FR 45356Order withdrawn from the New Hampshire SIP.
TFX Medical IncorporatedARD-07-0028/7/200711/5/2012, 77 FR 66388Single source VOC RACT order for facility in Jaffrey, NH.
Newington Energy, LLCARD-04-0016/20/200711/5/2012, 77 FR 66388Single source NOX RACT order for facility in Newington, NH.
Waste ManagementARD-01-0014/27/201211/5/2012, 77 FR 66388Single source NOX RACT order for facility in Rochester, NH.
Gorham Paper and TissueOrder No. ARD-97-00310/19/201208/21/2014, 79 FR 49462NOX RACT order.
Parker-Hannifin CorporationARD 03-001A10/22/20148/29/2016, 81 FR 59141VOC RACT Order.
Textile Tapes CorporationARD-96-0017/30/20158/29/2016, 81 FR 59141VOC RACT Order.
Watts Regulator CompanyARD 07-0018/21/20158/29/2016, 81 FR 59141VOC RACT Order.
Sturm Ruger & CompanyARD-03-0012/2/20173/30/2018, 83 FR 13668VOC RACT Order, as amended February 2, 2017, except sections D.1, and introductory clauses to sections D.2, D.3.b, D.5.a.i and b.i.
PSNH d/b/a Eversource Energy Merrimack StationTP-01899/1/20166/5/2018, 83 FR 25922Items 1, 2, and 3 in Table 4 “Operating and Emission Limits”; items 1 and 2 in Table 5 “Monitoring and Testing Requirements”; items 1 and 2 in Table 6 “Recordkeeping Requirements”; items 1 and 2 in Table 7 “Reporting Requirements”.
Diacom CorporationRACT Order RO-00026/28/20179/7/2018, 83 FR 45356VOC RACT Order.
Schiller StationNOx RACT Order RO-0039/6/20189/12/2019, 84 FR 48068Order contains NOx emission limits for emission units SR4 and SR6.
Anheuser BuschNOx RACT Order ARD-05-0011/17/20189/12/2019, 84 FR 48068Revisions made to testing requirements for two boilers.
Metal WorksVOC RACT Order ARD-05-0018/16/20189/12/2019, 84 FR 48068Order allows for compliance via purchase of emission reduction credits.
PolyonicsVOC RACT Order ARD07-0048/28/20189/12/2019, 84 FR 48068Order allows facility to generate emission reduction credits.
Complete Coverage WoodprimingVOC RACT Order RO-00043/14/20199/12/2019, 84 FR 48068Order provides a VOC content limit for stain blocker used by the facility.
PSI Molded PlasticsRO-000511/20/20197/1/2020, 85 FR 39489VOC RACT Order.
Fujifilm Dimatix IncorporatedRACT Order RO-00067/8/20212/14/2023, 88 FR 9401VOC RACT Order.
PAK Solutions LLCRACT Order RO-000712/14/20223/11/2024, 89 FR 17285VOC RACT Order.

(e) Nonregulatory.

New Hampshire NonRegulatory

Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date Explanations
“State of New Hampshire Implementation Plan”Statewide1/27/19725/31/1972, 37 FR 10842The plan was officially submitted on January 27, 1972.
Miscellaneous non-regulatory additions to the plan correcting minor deficienciesStatewide2/23/19727/27/1972, 37 FR 15080See 52.1535(c)(1).
Non-regulatory provisions for retention and availability of air quality dataStatewide3/23/19727/27/1972, 37 FR 15080See 52.1535(c)(2).
Attainment dates of national primary and secondary air quality standardsStatewide8/8/19729/22/1972, 37 FR 19806See 52.1535(c)(3).
Compliance schedulesStatewide2/14/19736/20/1973, 38 FR 16144See 52.1535(c)(5).
Compliance schedulesStatewide3/22/19736/20/1973, 38 FR 16144See 52.1535(c)(6).
Revision exempting steam locomotives from the planStatewide4/3/197312/14/1973, 38 FR 34476See 52.1535(c)(7).
AQMA identification materialStatewide5/20/19746/2/1975, 40 FR 23746See 52.1535(c)(9).
Attainment plans to meet the requirements of Part D for carbon monoxide for Metropolitan Manchester and ozone for AQCR 121, programs for the review of construction and operation of new and modified major stationary sources of pollution in both attainment and non-attainment areas and certain miscellaneous provisionsStatewide5/29/19794/11/1980, 45 FR 24869See 52.1535(c)(12).
November 6, 1979 letter from New Hampshire Assistant Attorney GeneralStatewide11/6/19794/11/1980, 45 FR 24869See 52.1535(c)(12).
March 17, 1980 letter addressing external emission offsetsStatewide3/17/19804/11/1980, 45 FR 24869See 52.1535(c)(12).
Attainment plans to meet the requirements of Part D for total suspended particulates and sulfur dioxide in Berlin, NHAreas designated non-attainment for one or more pollutants9/19/19796/23/1980, 45 FR 41942See 52.1535(c)(13).
A plan to provide comprehensive public participation and an analysis of the effects of the New Hampshire 1979 SIP revisionsStatewide2/28/19809/9/1980, 45 FR 59313See 52.1535(c)(15).
A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR Part 58Statewide1/30/198012/18/1980, 45 FR 83227See 52.1535(c)(17).
A plan to attain and maintain the National Ambient Air Quality Standard for lead and to amend the state's air quality standardsStatewide4/15/19807/15/1981, 46 FR 36699See 52.1535(c)(18).
A letter further explaining the state procedures for review of new major sources of lead emissions and confirming the use of reference methodsStatewide12/9/19807/15/1981, 46 FR 36699See 52.1535(c)(18).
Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for attaining carbon monoxide standards in the City of ManchesterCity of Manchester1/12/19811/7/1982, 47 FR 763See 52.1535(c)(19). These revisions supplement the 1979 CO attainment plan.
Revision to the January 12, 1981 CO Attainment Plan for Manchester, NHCity of Manchester2/18/19811/7/1982, 47 FR 763See 52.1535(c)(19).
Carbon monoxide attainment plan revisions for the City of Manchester which meet the requirements of Part D of the Act for 1982 SIP revisionsCity of Manchester10/5/19826/27/1983, 48 FR 29479See 52.1535 (c)(23).
Revision to the October 5, 1982 CO Attainment Plan for Manchester, NHCity of Manchester12/20/19826/27/1983, 48 FR 29479See 52.1535(c)(23).
The TSP Plan to attain primary standards in Berlin, New HampshireBerlin, NH5/9/19849/27/1984, 49 FR 38104See 52.1535(c)(33).
Letter from the New Hampshire Air Resources Commission submitting revisions to the SIPStatewide4/26/19859/17/1987, 52 FR 35081See 52.1535(c)(37).
Letter interpreting NH's regulation for Continuous Emission Monitoring SystemsStatewide1/20/19869/17/1987, 52 FR 35081See 52.1535(c)(37).
NH Letter of intent to implement applicable emission limits required by EPA's New Source Performance Standard (NSPS)Statewide5/12/19879/17/1987, 52 FR 35081See 52.1535(c)(37).
Letter submitting a revision to the CO Attainment Plan for the City of Nashua, NHNashua and 11 surrounding towns9/12/19858/25/1988, 53 FR 32391See 52.1535(c)(39). Attainment plans for carbon monoxide for the City of Nashua including an extension of the attainment date to December 31, 1990.
Narrative submittals, including an attainment demonstration for carbon monoxide for the City of NashuaNashua and 11 surrounding towns2/26/19858/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter identifying extensions to the Nashua intersection-specific measures (Build I)Nashua and 11 surrounding area12/3/19858/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter submitting final motor vehicle emissions inspection (I&M) program for the Nashua, NH areaNashua and 11 surrounding towns10/7/19868/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter from Governor John H. Sununu to Michael R. Deland committing to take legislative measures to convert the Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the program is found to not be achieving the necessary emission reductionsNashua and 11 surrounding towns3/6/19878/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter from NH DES, Air Resources Division providing additional information on Nashua intersection-specific traffic flow improvements in Nashua, NH CO Attainment PlanNashua and 11 surrounding towns5/12/19878/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter from NH DES, Air Resources Division submitting additions to the Nashua, NH CO Attainment PlanNashua and 11 surrounding towns10/15/19878/25/1988, 53 FR 32391See 52.1535(c)(39).
Letter from the New Hampshire Air Resources Division dated July 6, 1989 submitting revisions to the NH SIPStatewide7/6/19898/19/1994, 59 FR 42766See 52.1535(c)(40).
Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting a revision to the NH SIPStatewide2/12/19918/14/1991, 56 FR 40252See 52.1535(c)(41).
Nonregulatory portions of the State submittalStatewide2/12/19918/14/1991, 56 FR 40252See 52.1535(c)(41).
Letter from the New Hampshire Air Resources Division dated November 21, 1989 submitting a revision to the NH SIPStatewide11/21/19896/13/1991, 56 FR 27197See 52.1535(c)(43).
Letter from Robert W. Varney, Commissioner of the Department of Environmental Services of New Hampshire, to John B. Hammond, Acting Director of the New Hampshire Office of Legislative Services, dated November 15, 1989, adopting final rulesStatewide11/21/19896/13/1991, 56 FR 27197See 52.1535(c)(43).
Letter from the New Hampshire Air Resources Division dated September 12, 1990 submitting a revision to the NH SIP that withdraws nine source-specific operating permits incorporated by reference at 40 CFR 52.1535(c)(21), (c)(25) and (c)(32)Statewide9/12/199012/12/1991, 56 FR 64703See 52.1535(c)(44).
Letter from the New Hampshire Air Resources Division dated July 2, 1991 submitting documentation of a public hearingStatewide7/2/199112/12/1991, 56 FR 64703See 52.1535(c)(44).
Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting revisions to the NH SIPStatewide2/12/19918/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated May 7, 1991 withdrawing certain portion of the February 12, 1991 SIP submittalStatewide5/7/19918/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated August 20, 1991 withdrawing certain portion of the February 12, 1991 SIP submittalStatewide8/20/19918/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated August 26, 1991 withdrawing certain portion of the February 12, 1991 SIP submittalStatewide8/26/19918/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated March 6, 1992 withdrawing certain portion of the February 12, 1991 SIP submittalStatewide3/6/19928/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated May 6, 1992 withdrawing certain portion of the February 12, 1991 SIP submittalStatewide5/6/19928/14/1992, 57 FR 36603See 52.1535(c)(45).
Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the NH SIPStatewide5/15/19921/19/1993, 58 FR 4902See 52.1535(c)(46). Revisions to the SIP consisting of amendments to Emission Control Methods for Cutback and Emulsified Asphalt.
Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the NH SIPStatewide5/15/19925/25/1993, 58 FR 29973See 52.1535(c)(47).
Letter from the New Hampshire Air Resources Division dated December 21, 1992, submitting revisions to the NH SIPStatewide12/21/19924/9/1997, 62 FR 17087See 52.1535(c)(49).
Letter from the New Hampshire Air Resources Division dated June 17, 1994 submitting revisions to the NH SIPStatewide6/17/19944/9/1997, 62 FR 17087See 52.1535(c)(49).
Letter from the New Hampshire Air Resources Division dated July 7, 1995 submitting revisions to the NH SIPStatewide7/7/19954/9/1997, 62 FR 17087See 52.1535(c)(50).
Letter from the New Hampshire Air Resources Division dated September 18, 1995 submitting revisions to the NH SIPStatewide9/18/19954/9/1997, 62 FR 17087See 52.1535(c)(50).
Letter from the New Hampshire Air Resources Division dated October 18, 1995, submitting revisions to the NH SIPStatewide10/18/19954/9/1997, 62 FR 17087See 52.1535(c)(50).
Letter from the New Hampshire Air Resources Division dated December 9, 1996 submitting revisions to the NH SIPGonic, NH12/9/19963/10/1998, 63 FR 11600See 52.1535(c)(51).
Letter from the New Hampshire Air Resources Division dated June 28, 1996 submitting revisions to the NH SIPStatewide6/28/19963/10/1998, 63 FR 11600See 52.1535(c)(51).
Letter from the New Hampshire Air Resources Division dated October 24, 1996 submitting revisions to the NH SIPManchester, NH10/24/19963/10/1998, 63 FR 11600See 52.1535(c)(51).
Letter from the New Hampshire Air Resources Division dated July 10, 1995 submitting revisions to the NH SIPStatewide7/10/19953/10/1998, 63 FR 11600See 52.1535(c)(51).
Letter from the New Hampshire Air Resources Division dated December 21, 1992 submitting revisions to the NH SIPStatewide12/21/19923/10/1998, 63 FR 11600See 52.1535(c)(51).
Letter dated November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittalStatewide11/21/19973/10/1998, 63 FR 11600See 52.1535(c)(51).
NH-DES letter dated December 13, 1994, and signed by Thomas M. Noel, Acting Director, NH DESStatewide12/13/199410/27/1997, 62 FR 55521See 52.1535(c)(52).
State of New Hampshire Photochemical Assessment Monitoring Stations—Network Plan—Network OverviewStatewide12/13/199410/27/1997, 62 FR 55521See 52.1535(c)(52).
Letter from the New Hampshire Air Resources Division dated August 29, 1996 submitting a revision to the NH SIPPortsmouth-Dover-Rochester serious ozone nonattainment area, and the NH portion of the Boston-Lawrence-Worcester serious ozone nonattainment area8/29/199610/27/1997, 62 FR 55521See 52.1533. Revisions to the SIP for the purpose of satisfying the rate-of-progress requirement of section 182(b) and the contingency measure requirement of section 172(c)(9) of the Clean Air Act.
Letter from the New Hampshire Air Resources Division dated April 14, 1997 submitting revisions to the NH SIPStatewide4/14/19975/13/1998, 63 FR 26455See 52.1535(c)(54).
Letter from the New Hampshire Air Resources Division dated May 6, 1997 submitting revisions to the NH SIPNashua, NH5/6/19975/13/1998, 63 FR 26455See 52.1535(c)(54).
Letter from the New Hampshire Air Resources Division dated September 24, 1997 submitting revisions to the NH SIPStatewide9/24/19975/13/1998, 63 FR 26455See 52.1535(c)(54).
Letter from the New Hampshire Air Resources Division dated July 27, 1998 submitting a revision to the NH SIPStatewide7/27/199811/14/2000, 65 FR 68078See 52.1535(c)(57).
Letter from the New Hampshire Air Resources Division dated November 24, 1992 submitting a revision to the New Hampshire State Implementation PlanStatewide11/24/199212/7/1998, 63 FR 67405See 52.1535(c)(58).
New Hampshire Department of Environmental Services “Stage II Equivalency Demonstration,” dated November 1992Statewide11/24/199212/7/1998, 63 FR 67405See 52.1535(c)(58).
Nonregulatory portions of the submittalStatewide7/2/199312/7/1998, 63 FR 67405See 52.1535(c)(58). NH's Gasoline Vapor Recovery Testing Procedures and Inspection Manual.
Letter from the New Hampshire Air Resources Division dated November 20, 1998 submitting a revision to the NH SIPStatewide11/20/19981/10/2001, 66 FR 1868See 52.1535(c)(59).
Letter from the New Hampshire Air Resources Division dated September 4, 1998 submitting a revision to the NH SIPStatewide9/4/19981/10/2001, 66 FR 1868See 52.1535(c)(59).
Document entitled “Alternative New Hampshire Motor Vehicle Inspection/Maintenance State Implementation Plan Revision” dated September 4, 1998Statewide9/4/19981/10/2001, 66 FR 1868See 52.1535(c)(59).
Letter from the New Hampshire Air Resources Division dated August 6, 2001 submitting a revision to the NH SIPStatewide8/9/200110/28/2002, 67 FR 65710See 52.1535(c)(60).
Letter from the New Hampshire Air Resources Division dated April 26, 1995 submitting a revision to the NH SIPStatewide4/26/199510/28/2002, 67 FR 65710See 52.1535(c)(60).
Nonregulatory portions of the State submittal.Statewide4/26/199510/28/2002, 67 FR 65710See 52.1535(c)(60).
Document entitled “New Hampshire Stage II Comparability Analysis,” prepared by the New Hampshire Department of Environmental Services, dated July 1, 1998Statewide7/9/19989/29/1999, 64 FR 52434.See 52.1535(c)(61).
Letter from the New Hampshire Department of Environmental Services dated June 7, 1994 submitting a revision to the NH SIPStatewide6/7/19949/29/1999, 64 FR 52434.See 52.1535(c)(62).
Document entitled “Clean Fuel Fleet Equivalency Demonstration,” prepared by the New Hampshire Department of Environmental Services, dated May, 1994Statewide6/7/19949/29/1999, 64 FR 52434.See 52.1535(c)(62).
Letter from the New Hampshire Department of Environmental Services dated July 10, 1996 submitting a revision to the NH SIPStatewide7/10/19968/16/1999, 64 FR 44417See 52.1535(c)(63).
Letter from the New Hampshire Air Resources Division dated July 17, 1998 submitting Final RACT Order 98-001 as a revision to the NH SIPStatewide7/17/199811/14/2000, 65 FR 68078See 52.1535(c)(64).
Letter from the New Hampshire Department of Environmental Services dated August 16, 1999 submitting the Low Emission Vehicle program as a revision to the NH SIPStatewide8/16/19993/9/2000, 65 FR 12476See 52.1535(c)(65).
Letter from the New Hampshire Air Resources Division dated July 29, 1993 submitting a revision to the New Hampshire State Implementation PlanStatewide7/29/19937/27/2001, 66 FR 39100See 52.1535(c)(66).
Letter from the New Hampshire Air Resources Division dated July 2, 1999 submitting a revision to the New Hampshire State Implementation PlanStatewide7/2/19997/27/2001, 66 FR 39100See 52.1535(c)(66).
Letter from the New Hampshire Department of Environmental Services dated September 11, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline categoryStatewide9/11/19987/10/2000, 65 FR 42290See 52.1535(c)(67).
Letter from the DES, dated April 15, 2002, submitting revised Anheuser-Busch order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000Merrimack, NH4/15/20027/23/2002, 67 FR 48033See 52.1535(c)(68).
Letter from the DES, dated March 22, 2002, containing information on New Filcas of AmericaNashua, NH3/22/20027/23/2002, 67 FR 48033See 52.1535(c)(68).
Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality StandardState of New Hampshire1214/20077/8/2011, 76 FR 40248This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
New Hampshire Regional Haze SIP and its supplementsStatewide1/29/2010; supplements submitted 1/14/2011, 8/26/20118/22/2012, 77 FR 50607
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide4/3/2008; supplement submitted 7/3/201210/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(B), (C) (enforcement program only), (D)(i)(I), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide9/18/2009; supplement submitted 7/3/201210/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(B), (C) (enforcement program only), (D)(i)(I), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).
Negative Declarations included in New Hampshire's State Implementation Plan Revision for the 2006, 2007, and 2008 Control Techniques GuidelinesStatewide7/26/201111/8/2012, 77 FR 66921Includes negative declarations for the following CTG categories: Large appliance coatings; and automobile and light-duty truck assembly coatings.
Certification for RACT for the 1997 8-Hour Ozone StandardStatewide1/28/200811/5/2012, 77 FR 66388New Hampshire submitted documentation that RACT requirements were in place for sources of VOC and NOX for purposes of the 1997 8-hour ozone standard.
SIP Narrative associated with New Hampshire Vehicle Inspection and Maintenance Program SIP RevisionStatewide11/17/20111/25/2013, 78 FR 5292
Infrastructure SIP for 2008 ozone NAAQSStatewide12/31/20125/25/2017, 82 FR 24057Items that were conditionally approved on 12/16/2015 are now fully approved.
Infrastructure SIP for the 2008 Lead NAAQSStatewide11/7/20115/25/2017, 82 FR 24057Items that were conditionally approved on 12/16/2015 are now fully approved.
Infrastructure SIP for the 2010 NO2 NAAQSStatewide1/28/20135/25/2017, 82 FR 24057Items that were conditionally approved on 12/16/2015 are now fully approved.
Infrastructure SIP for the 2010 SO2 NAAQSStatewide7/13/20135/25/2017, 82 FR 24057Items that were conditionally approved on 7/8/2016 are now fully approved.
Infrastructure SIP for the 1997 PM2.5 NAAQSStatewide7/3/20125/25/2017, 82 FR 24057Items that were conditionally approved on 12/16/2015 are now fully approved.
Infrastructure SIP for 2006 PM2.5 NAAQSStatewide9/18/20095/25/2017, 82 FR 24057Items that were conditionally approved on 12/16/2015 are now fully approved.
Request for exemption from contingency plan obligationMerrimack Valley—Southern New Hampshire AQCR12/31/201212/16/2015, 80 FR 78139State's request for exemption from contingency plan obligation, made pursuant to 40 CFR 51.122(d), is granted in light of the area's designation as unclassifiable/attainment for the 2008 ozone NAAQS.
Regional Haze Five-Year Progress ReportStatewide12/16/201410/6/2016, 81 FR 70361
Transport SIP for the 2008 Ozone StandardStatewideSubmitted
11/7/2015
10/13/2016, 81 FR 70632State submitted a transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Ozone StandardStatewideSubmitted 3/11/20084/10/2017, 82 FR 17124State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 2010 NO2 StandardStatewide11/17/20155/25/2017, 82 FR 24057
Central New Hampshire Nonattainment Area Plan for the 2010 Primary 1-Hour Sulfur Dioxide NAAQSCentral New Hampshire SO2 Nonattainment Area1/31/20176/5/2018, 83 FR 25922
Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQSStatewide12/22/2015; supplement submitted 6/8/201612/4/2018, 83 FR 62464These submittals are approved with respect to the following CAA requirements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (L), and (M).
12/22/201510/26/2020, 85 FR 67651This submittal is conditionally approved with respect to provisions of CAA 110(a)(2)(K). The following previously approved items are corrected and changed from approval to conditional approval: 110(a)(C) (PSD only), (D)(i)(II) (prong 3 only), and (J) (PSD only).
4/20/20215/6/2022, 87 FR 26999Items that were conditionally approved on 10/26/2020 are now fully approved.
Amendment to New Hampshire 2010 Sulfur Dioxide NAAQS Infrastructure SIP to Address the Good Neighbor Requirements of Clean Air Act Section 110(a)(2)(D)(i)(I)Statewide6/16/201712/17/2018, 83 FR 64470
1-Hour Sulfur Dioxide (2010 Standard) Redesignation Request and Maintenance Plan for the Central New Hampshire Nonattainment AreaCentral New Hampshire SO2 Nonattainment Area3/16/20189/20/2019, 84 FR 49467The maintenance plan for the 2010 SO2 NAAQS is Section 6 of this submittal.
Negative declaration for the 2016 Control Techniques Guidelines for the Oil and Natural Gas IndustryStatewide12/20/20197/13/2020, 85 FR 41920Negative declaration.
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQSStatewide4/20/20215/6/2022, 87 FR 26999Items that were conditionally approved on 10/26/2020 are now fully approved.
Request for exemption from contingency plan obligation for 2015 ozone NAAQSMerrimack Valley—Southern New Hampshire AQCR9/5/201810/26/2020, 85 FR 67651State's request for exemption from contingency plan obligation, made pursuant to 40 CFR 51.152(d)(1), is granted.
Boston-Manchester-Portsmouth Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQSBoston-Manchester-Portsmouth Maintenance Area7/29/20214/22/2022, 87 FR 24058Approval for 2nd 10-year LMP for 1997 ozone NAAQS.
Letter from New Hampshire and attachment G AmendmentBoston-Manchester-Portsmouth Maintenance Area12/23/20214/22/2022, 87 FR 24058Supplemental information for 2nd 10-year LMP for 1997 ozone NAAQS.
Certifications for RACT for the 2008 and 2015 ozone standardsStatewide9/6/20189/6/2023, 88 FR 60893RACT certifications for stationary sources of VOC and NOX approved for purposes of the 2008 and 2015 ozone standards except for NOX RACT requirements pertaining to coal-fired cyclone boilers.
9/6/20184/30/2024, 89 FR 34137NOX RACT certifications for the 2008 and 2015 ozone standards pertaining to coal-fired cyclone boilers.
Negative declarations included in New Hampshire's State Implementation Plan for purposes of the 2008 and 2015 ozone standardsStatewide9/6/20189/6/2023, 88 FR 60893Negative declarations submitted for 26 CTG categories listed within Table 5-3 of the New Hampshire document “Certification of Reasonably Available Control Technology for the 2008 and 2015 8-hour Ozone National Ambient Air Quality Standards”, dated August 21, 2018.
[74 FR 50120, Sept. 30, 2009] Editorial Note:For Federal Register citations affecting § 52.1520, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
§ 52.1521 - Classification of regions.

The New Hampshire plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant
Particulate matter Sulfur oxides Nitrogen
dioxide
Carbon
monoxide
Ozone
Androscoggin Valley InterstateIAIIIIIIIIIIII
Central New Hampshire IntrastateIIIIIIIIIIIIIII
Merrimack Valley—Southern New Hampshire InterstateIIIIIIIIIII
[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980; 80 FR 78141, Dec. 16, 2015; 81 FR 44554, July 8, 2016]
§ 52.1522 - Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves New Hampshire's plan as identified in § 52.1520 of this subpart for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below.

(b) To insure Federal approval of State issued new source review permits pursuant to section 173 of the Clean Air Act, the provisions of Section V of the emission offset interpretative rule published January 16, 1979, (44 FR 3274) must be met.

[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983; 75 FR 82557, >Dec. 30, 2010; 77 FR 5703, Feb. 6, 2012]
§ 52.1523 - Attainment dates for national standards.

The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in New Hampshire's plan.

Air quality control region SO 2 PM 10 NO 2 CO O 3
Primary Secondary
NH portion Andoscoggin Valley Interstate AQCR 107abaaaa
Central NH Intrastate AQCR 149abaaaa
NH portion Merrimack Valley-Southern NH Interstate 121:
Belknap Countyabaaaa
Sullivan Countyabaaaa
Cheshire Countyabaaad
Portmouth-Dover-Rochester area (See 40 CFR 81.330)abaaae
NH portion Boston-Lawrence-Worcester area (See 40 CFR 81.330)abaaaf
Manchester area (See 40 CFR 81.330)abaaac

a. Air quality levels presently below primary standards or area is unclassifiable.

b. Air quality levels presently below secondary standards or area is unclassifiable.

c. November 15, 1993.

d. November 15, 1995.

e. November 15, 1999.

f. November 15, 2007.

[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985; 51 FR 21550, June 13, 1986; 65 FR 71065, Nov. 29, 2000; 67 FR 72575, Dec. 6, 2002]
§ 52.1524 - Compliance schedules.

(a) Compliance schedules for the sources identified below are approved as meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Source Location Regulation involved Date of adoption Effective date Final compliance date
Markem CorporationKeene, NHNo. 1204.05Feb. 10, 1984Feb. 19, 1981July 1, 1985.

(b) The requirements of § 51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required.

(c) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Source Location Regulation involved Date of adoption
Brown CoBerlin, N.HNo. 15May 14, 1973.

(d) Federal compliance schedules. The compliance schedules for the sources identified below are promulgated herein in satisfaction of the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Source Location Regulation involved Effective date Final compliance date
Brown Co.:
(a) No. 11 Kraft recoveryBerlin, N.H.15ImmediatelyJan. 1973.
(b) No. 11 Kraft recovery......do15......doJan. 1974.
(c) No. 8 Kraft recovery boiler main stack......do15......doJuly 1974.
(d) No. 8 Kraft recovery smelt tank vent......do15......doDec. 1974.
(e) Heavy black liquor oxidation......do15......doJune 1974.
(f) No. 1 lime kiln stack......do15......doJan. 1973.
(g) No. 2 lime kiln stack......do15......doDec. 1974.
[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38 FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]
§ 52.1525 - EPA-approved new Hampshire state regulations.

The following table identifies that State regulations which have been submitted to and approved by EPA as revisions to the New Hampshire State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in § 52.1520. To the extent that this table conflicts with § 52.1520, § 52.1520 governs.

Table 52.1525—EPA-Approved Rules and Regulations 1—New Hampshire

Title/subject State citation chapter 2 Date adopted State Date approved EPA Federal Register citation 52.1520 Explanation
Organizational Rules: DefinitionsCH Air 10012/17/813/15/8348 FR 10830(c)(22)Sections Air 101.01-.03; .27; .31; .50; .52; .57; .63; .70-.73; .76; .78; .90; .97 and PARTs Air 102 and 103 are not part of the approved SIP.
7/21/832/01/8449 FR 3989(c)(28)Approved Section Air 101.74, Def. of ‘process weight.’
Env-A 10011/16/896/13/9156 FR 27197(c)(43)Approved Sections Env-A 101.79, Def. of ‘Reasonable Available Control Technology’ and Env-A 101.98, Def. of ‘Volatile Organic Compound.’
12/24/908/14/9257 FR 36605(c)(45)Part Env-A 101 renumbered and completely replaced; Sections Env-A 101.21; .27; .33; .51; .53; .58; .63; .98; and Parts Env-A 102 and 103 are not part of the approved SIP.
Procedural RulesCH Air 20012/17/813/15/8348 FR 10830(c)(22)Parts Air 201-204 and Parts Air 206-210 are not part of the approved SIP.
10/21/824/21/8348 FR 17077(c)(24)Section Air 205.10 added.
Env-A 20012/24/908/14/9257 FR 36605(c)(45)Parts Env-A 206 and 208 and Sections Env-A 209.01-04 are not part of the approved SIP.
Procedural RulesEnv-A 2002/17/95
&
7/23/01
10/28/0267 FR 65710(c)(60)Approving Env-A 205.03 & Env-A 205.04 as amended 7/23/01.
Ambient Air Quality StandardsCH Air 30012/17/813/15/8348 FR 10830(c)(22)Part Air 304 is not part of the approved SIP.
Env-A 30012/24/908/14/9257 FR 36605(c)(45)Part Env-A 304 is not part of the approved SIP.
Particulate matterEnv-A 3034/21/898/19/9459 FR 42768(c)(40)303.01
303.015
Sulfur Content Limits in FuelsCH Air 40012/17/813/15/8348 FR 10830(c)(22)Section Air 402.02 is not part of the approved SIP.
2/20/753/23/8449 FR 11094(c)(26)Section Air 402.02 added, raising allowable sulfur-in-oil limit for but 10 sources.
10/20/838/07/8449 FR 31415(c)(29)Revision to Section Air 402.02, raises allowable sulfur-in-oil limit for 5 source excluded at (c)(26) above.
12/15/838/01/8449 FR 30695(c)(31)Revision to Section Air 402.02, raises allowable sulfur-in-oil limit for 2 sources excluded at (c)(26) above.
4/17/862/02/8752 FR 3117(c)(35)Revision restricting emission limits for Dartmouth College.
1/17/854/15/8752 FR 12164(c)(36)Revision to Section Air 402.02, raises allowable sulfur-in-oil limit for James River Corp.—Cascade.
9/09/8512/14/8752 FR 47392(c)(38)Revision to Section Air 402.02, raises allowable sulfur-in-oil limit for James River Corp.—Groveton.
Env-A 40012/24/908/14/9257 FR 36605(c)(45)Part Env-A 405 renumbered and completely replaced; Section Env-A 405.05 (c) and (d); and Part Env-A 406 are not part of the approved SIP.
Statewide Permit SystemCH Air 60012/17/813/15/8348 FR 10830(c)(22)Part Air 609 repealed at (c)(16).
1/26/843/13/8550 FR 10004(c)(36)Revisions to Part Air 610.
Env-A 60012/24/908/14/9257 FR 36606(c)(45)Part Env-A 603 renumbered and completely replaced; Sections Env-A 603.02(p), 603.03(f) and 603.03(g) are not part of the approved SIP.
Statewide Permit SystemEnv-A 6005/21/93
6/26/97
1/29/99
7/27/01FR 39104(c)(66)Part Env-622 (formally 610) Adopted NSR CAA requirements Adopted plantwide definition Adopted CAA sections 173(a)(4) & (5).
Statewide Permitting SystemEnv-A 6007/23/0110/28/0267 FR 65710(c)(60)Adding Part Env-A 623: New Hampshire's PSD permit requirements.
Permit Fee SystemCH Air 70012/17/813/15/8348 FR 10830(c)(22)
12/20/849/17/8752 FR 35082(c)(37)Revisions to Sections Air 704.01-.02 and Air 706.01-.02.
Env-A 70012/24/908/14/9257 FR 36605(c)(45)
Testing and MonitoringCH Air 80012/17/813/15/8348 FR 10830(c)(22)Part Air 803 is not part of the approved SIP.
Env-A 80011/16/896/13/9156 FR 27197(c)(43)Part Env-A 804 added; Revision to Section Env-A 802.07.
12/24/908/14/9156 FR 40253(c)(41)Sections Env-A 802.09-.10 added.
12/24/908/14/9257 FR 36605(c)(45)Part Env-A 803 is not part of the approved SIP.
Testing RequirementsCH Air 8001/17/925/25/9358 FR 29974(c)(47)Part Env-A 805 Capture Efficiency Test Procedures
PurposeCH air 800, Part Env-A 80111/13/923/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Testing and Monitoring for Stationary Sources: General RequirementsCH air 800, Part Env-A 80211/13/923/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
VOC TestingCH air 800, Part Env-A 8038/21/953/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Capture EfficiencyCH air 800, Part Env-A 8048/21/953/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Continuous Emission MonitoringCH air 800, Part Env-A 80511/13/923/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Testing for Diesel Engines and Motor VehiclesCH air 800, Part Env-A 80611/13/923/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Approval of Alternate MethodsCH air 800, Part Env-A 80711/13/923/10/9863 FR 11600(c)(51)Adds testing and monitoring procedures.
Owner or Operator ObligationsCH Air 90012/17/813/15/8348 FR 10830(c)(22)
Env-A 90011/16/896/13/9156 FR 27197(c)(43)Sections Env-A 901.021-.022 and 901.05 added; Revision to Section Env-A 901.02.
12/24/908/14/9257 FR 36605(c)(45)
Recordkeeping requirementsCH Air 900, Part Env-A 901, section Env-A 901.0611/13/924/9/9762 FR 17092(c)(49)Adds NOX recordkeeping requirements.
CH Air 900, Part Env-A 901, section Env-A 901.0711/13/924/9/9762 FR 17092(c)(49)Adds NOX reporting requirements.
Recordkeeping and Reporting by SourcesCH air 900, Part Env-A 901, sections 901.01, 901.03, 901.0911/13/923/10/9863 FR 11600(c)(51)Adds recordkeeping and reporting requirements.
Recordkeeping and Reporting by SourcesCH air 900, Part Env-A 901, sections 901.02, 901.04, 901.05, and 901.088/21/953/10/9863 FR 11600(c)(51)Adds recordkeeping and reporting requirements.
Malfunctions and Breakdowns of Air Pollution Control EquipmentCH air 900, Part Env-A 90211/13/923/10/9863 FR 11600(c)(51)Adds recordkeeping and reporting requirements.
Compliance SchedulesCH air 900, Part Env-A 90311/13/923/10/9863 FR 11600(c)(51)Adds recordkeeping and reporting requirements.
Prevention, Abatement, and Control of Open Source Air PollutionCH Air 100012/17/813/15/8348 FR 10830(c)(22)Part Air 1002 is not part of the approval SIP.
Env-A 100012/24/908/14/9257 FR 36605(c)(45)Part Env-A 1002 is not part of the approval SIP.
Open-Air BurningEnv-A 10015/19/898/19/94.59 FR 42768(c)(40)1001.02
Prevention, Abatement, and Control of Stationary Source Air Pollution PartCH Air 12006/17/823/15/8348 FR 10830(c)(22)Section Air 1201.07 and Part Air 1206 are not part of the approved SIP.
2/19/8010/31/8348 FR 50077(c)(27)Revisions to Section 1204.02(c) and 1204.21(j); Section 1204.17 added.
7/21/832/01/8449 FR 3989(c)(28)Revision to Section Air 1204.01.
2/16/846/01/8449 FR 24724(c)(30)Section Air 1201.05(e) added.
12/20/849/17/8752 FR 35082(c)(37)Revisions to Sections Air 1202.07-.09; Section Air 1202.10 added.
Prevention, Abatement and Control of Stationary Source Air PollutionCH Air 12001/17/925/25/9358 FR 29974(c)(47)Part Env-A Sections 1204.02; 1204.04; 1204.05 through 1204.08; 1204.14 through 1204.15.
Env-A 120011/16/896/13/9156 FR 27197(c)(43)Revisions to Sections Env-A 1204.01-.16; Section Env-A 1204.19 added.
12/24/908/14/9257 FR 36605(c)(45)Section Env-A 1206.03 is not part of the approved SIP.
Env-A 12001/17/921/19/9358 FR 4904(c)(46)Revisions to Section Env-A 1204.12.
Nitrogen oxides emission limitsCH Air 1200 Part Env-A 12115/20/944/9/9762 FR 17092(c)(49)Adds NOX RACT requirements.
Stationary Sources of Volatile Organic CompoundsCH air 1204, Part Env-A 1204 (except 1204.09)8/21/953/10/9863 FR 11600c(51)Adds VOC RACT requirements. Limited approval only of Env-A 1204.27
Applicability Criteria and Compliance Options for Miscellaneous and Multi-category Stationary VOC SourcesEnv-A 1204.278/21/957/23/0267 FR 48036(c)(68)Rule fully approved for the New Hampshire portion of the eastern Massachusetts serious ozone nonattainment area.
Source specific orderOrder ARD-95-0029/12/954/9/9762 FR 17093(c)(50)Source specific NOX RACT order for Plymouth Cogeneration Ltd. Partnership, in Plymouth, NH.
Source Specific OrderOrder ARD-95-0109/10/963/10/9863 FR 11600(c)(51)VOC RACT for Kalwall, Manchester.
Source Specific OrderOrder ARD-96-00110/4/963/10/9863 FR 11600(c)(51)VOC RACT for Textile Tapes.
Source specific orderOrder ARD-97-00104/14/975/13/9863 FR 26460(c)(54)Source specific NOX RACT order for Public Service of New Hampshire in Bow, NH.
Source specific orderOrder ARD-97-0039/24/975/13/9863 FR 26460(c)(54)Source specific NOX RACT order for Crown Vantage in Berlin, NH.
Source specific orderOrder ARD 98-0017/17/9811/14/0065 FR 68082(c)(64)Source-specific NOX RACT order and discrete emission reduction protocols for Public Service of New Hampshire.
Conformity of General Federal ActionsCH Env-A 1500, Part Env-A 15024/19/968/16/9964 FR 44420(c)(63)None.
National Low Emission Vehicle ProgramCH air 36007/21/993/9/0065 FR 12480(c)(65)Approval of commitment to National Low Emission Vehicle Program.
NOX Budget Trading ProgramPart Env-A 32007/27/9811/14/0065 FR 68082(c)(57)Approval of OTC NOX budget and allowance trading program.
Emission Amendments to Official Motor Vehicle Inspection ReqNHCAR, Part Saf-C 3221A11/17/981/10/0166 FR 1871(c)(59)Part Saf-C 3221A “Emission Amendments to Official Motor Vehicle Inspection Requirements” adopted on November 17, 1998;
Roadside Diesel Opacity Inspection Program RulesNHCAR, Part Saf-C 580011/17/981/10/0166 FR 1871(c)(59)Part Saf-C 5800 “Roadside Diesel Opacity Inspection Program Rules” adopted on November 17, 1998.

1 These regulations are applicable statewide unless otherwise noted in the Explanation section.

2 When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from CH Air to Env-A.

[50 FR 767, Jan. 7, 1985] Editorial Note:For Federal Register citations affecting § 52.1525, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
§ 52.1526 - [Reserved]
§ 52.1527 - Rules and regulations.

(a) [Reserved]

(b) The following elements are not part of the approved SIP:

(1) Intergovernmental consultations

(2) Public notification

(3) Conflict of Interest

(4) Non-SIP regulations' numbers listed below:

• Chapter Env-A 100: Sections Env-A 101.21, .27, .33, .51, .53, .58., .63 and

• 98; and Parts Env-A 102-103

• Chapter Env-A 200: Part Env-A 206; Part Env-A 208; and Sections 209.01-.04

• Chapter Env-A 300: Part Env-A 304

• Chapter Env-A 400: Section Env-A 405.05(c)-(d) and Part Env-A 406

• Chapter Env-A 500: Parts Env-A 501-506

• Chapter Env-A 600: Sections Env-A 603.02(p), 603.03(f)-(g)

• Chapter Env-A 800: Part Env-A 803

• Chapter Env-A 1000: Part Env-A 1002

• Chapter Env-A 1100:Part Env-A 1101

• Chapter Env-A 1200: Sections Env-A 1206.03

• Chapter Env-A 1300; Parts Env-A 1301-1305

[48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983; 50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993]
§ 52.1528 - Control strategy: Carbon monoxide.

(a) Approval—On February 1, 1999, the New Hampshire Department of Environmental Services submitted a revision to the State Implementation Plan to remove the Nashua Inspection/Maintenance program for carbon monoxide that ceased operating on January 1, 1995. The Nashua Inspection/Maintenance was originally approved at § 52.1520(c)(39). The Nashua Inspection/Maintenance program was replaced with controls consisting of the existing federal Tier 1 emission standards for new vehicles and the federal reformulated gasoline program.

(b) Approval—On February 2, 1999, the New Hampshire Department of Environmental Services submitted a request to redesignate the City of Manchester carbon monoxide nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1990 attainment year) emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2010 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit additional information in eight years acknowledging that the maintenance plan will remain in effect through the year 2020, as required by the Clean Air Act. If the area records a violation of the carbon monoxide NAAQS (which must be confirmed by the State), New Hampshire will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes the enhanced safety inspection program and New Hampshire's low emission vehicle program (NLEV) as contingency measures. The redesignation request establishes a motor vehicle emissions budget of 55.83 tons per day for carbon monoxide to be used in determining transportation conformity for the Manchester area. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

(c) Approval—On February 2, 1999, the New Hampshire Department of Environmental Services submitted a request to redesignate the City of Nashua carbon monoxide nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1990 attainment year) emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2010 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit additional information in eight years acknowledging that the maintenance plan will remain in effect through the year 2020, as required by the Clean Air Act. If the area records a violation of the carbon monoxide NAAQS (which must be confirmed by the State), New Hampshire will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes the enhanced safety inspection program and New Hampshire's low emission vehicle program (NLEV) as contingency measures. The redesignation request establishes a motor vehicle emissions budget of 60.13 tons per day for carbon monoxide to be used in determining transportation conformity for the Nashua area. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

(d) Approval—On May 30, 2007, the New Hampshire Department of Environmental Services submitted a modification to the Nashua maintenance plan approved in paragraph (c) of this section. New Hampshire will not conduct CO monitoring in Nashua, but instead commits to continue to collect and review CO monitoring data from nearby Manchester, NH on an on-going basis. In the event the second highest CO concentration in any calendar year monitored in Manchester reaches 75 percent of the federal 1-hour or 8-hour national ambient air quality standard for CO, New Hampshire will, within 9 months of recording such concentrations, re-establish a CO monitoring site in Nashua consistent with EPA siting criteria, and resume analyzing and reporting those data. New Hampshire commits to implement its contingency program in Nashua in the event that a CO violation is monitored at the re-established Nashua monitoring site at any time during the maintenance period. If the Manchester CO monitor measures a violation of the either the federal 1-hour or 8-hour NAAQS for CO, contingency measures will be implemented in Nashua as well, until a re-established CO monitor in Nashua shows that the area is in attainment of the CO standard.

(e) Approval—On August 1, 2012, the New Hampshire Department of Environmental Services submitted modifications to the Manchester and Nashua maintenance plans approved in paragraph (b) and (c) respectively of this section. The Manchester and Nashua current carbon monoxide maintenance plans are both converted to limited maintenance plans for the remainder of their second-ten year maintenance periods which terminate on January 29, 2021. Future carbon monoxide transportation conformity evaluations for Manchester and Nashua will for the length of their limited maintenance plans be considered to satisfy the regional emissions analysis and “budget test” requirements. In addition, New Hampshire will no longer conduct CO monitoring in Manchester, New Hampshire as addressed in paragraph (d) of this section. The Manchester monitoring site is replaced with the Londonderry Moose Hill station in Londonderry, New Hampshire with triggers to reestablish CO monitoring sites in Manchester and Nashua if elevated CO levels are recorded in Londonderry.

[65 FR 71066, Nov. 29, 2000, as amended at 72 FR 51567, Sept. 10, 2007; 79 FR 13256, Mar. 10, 2014]
§ 52.1529 - Significant deterioration of air quality.

New Hampshire's Part Env-A 623, “Requirements for Prevention of Significant Deterioration Permits,” as submitted on August 6, 2001, is approved as meeting the requirements of Subpart 1, Part C, Title I, of the Clean Air Act.

[67 FR 65713, Oct. 28, 2002]
§ 52.1530 - Requirements for State implementation plan revisions relating to new motor vehicles.

New Hampshire must comply with the requirements of § 51.120.

[60 FR 4737, Jan. 24, 1995]
§ 52.1531 - Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

(b) Regulation for visibility monitoring and new source review. The provisions of § 52.28 are hereby incorporated and made a part of the applicable plan for the State of New Hampshire.

(c) [Reserved]

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 82 FR 3129, Jan. 10, 2017]
§ 52.1532 - Stack height review.

The State of New Hampshire has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on March 21, 1986. The State has further declared in a letter from Dennis Lunderville, dated July 25, 1986, that, “As part of our new source review activities under the New Hampshire SIP and our delegated PSD authority, the New Hampshire Air Resources Agency will follow EPA's stack height regulation as revised in the Federal Register on July 8, 1985 (50 FR 27892).” Thus, New Hampshire has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]
§ 52.1533 - Emission inventories.

(a) The Governor's designee for the State of New Hampshire submitted a 1990 base year emission inventory for the entire state on January 26, 1993 as a revision to the State Implementation Plan (SIP). Subsequent revisions to the State's 1990 inventories were made, the last of which occurred on August 29, 1996. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the three nonattainment areas in the State. The three areas are the Portsmouth-Dover-Rochester serious area, the New Hampshire portion of the Boston-Lawrence-Worcester serious area, and the Manchester marginal area.

(b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources.

(c) The Portsmouth-Dover-Rochester serious nonattainment area includes all of Strafford County and part of Rockingham County. The New Hampshire portion of the Boston-Lawrence-Worcester serious area includes portions of Hillsborough and Rockingham Counties. The Manchester marginal area contains all of Merrimack County and portions of Hillsborough and Rockingham Counties.

[62 FR 55525, Oct. 27, 1997]
§ 52.1534 - Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on September 27, 1996. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2)(B), and the contingency measure requirements of section 182(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester serious area, and the New Hampshire portion of the Boston-Lawrence-Worcester serious area.

(b) Approval—Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Protection on June 1, 1998. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. The revision establishes a one-hour attainment date of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets of 10.72 tons per day of volatile organic compounds (VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the New Hampshire portion of the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.

(c) Determination of Attainment. Effective March 18, 2008, EPA is determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area has attained the 8-hour ozone standard. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 8-hour ozone standard. If a violation of the ozone NAAQS is monitored in the Boston-Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this determination shall no longer apply.

(d) Approval—Revision to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on May 28, 2008. This revision establishes Year 2009 motor vehicle emission budgets of 15.31 tons per summer day of volatile organic compounds (VOC) and 28.53 tons per summer day of nitrogen oxides (NOX) to be used in transportation conformity in the Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area.

(e) Determination of Attainment. Effective April 18, 2011, EPA is determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard based on 2007-2009 monitoring data. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Boston-Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this determination shall no longer apply. In addition, this area met its June 15, 2010 attainment deadline for the 1997 ozone standard.

(f) Determination of Attainment for the One-Hour Ozone Standard. Effective June 28, 2012, EPA is determining that the Boston-Lawrence-Worcester, MA-NH one-hour ozone nonattainment area met the one-hour ozone standard, by the area's applicable attainment date of November 15, 2007, based on 2005-2007 complete, certified, quality-assured ozone monitoring data at all monitoring sites in the area.

(g) Determination of Attainment. Effective November 29, 2012, EPA is determining that the Portsmouth-Dover-Rochester one-hour ozone nonattainment area met the one-hour ozone standard, by the area's applicable attainment date of November 15, 1999, based on 1997-1999 complete, certified, quality-assured ozone monitoring data at all monitoring sites in the area. Separate from and independent of this determination, EPA is determining that the Portsmouth-Dover-Rochester serious one-hour ozone nonattainment area has attained the one-hour ozone standard since 1999 and continues to attain based on complete, quality-assured data ozone monitoring data through 2011.

(h) Determination of Attainment. Effective November 29, 2012, EPA is determining that the Manchester one-hour ozone nonattainment area met the one-hour ozone standard, by the area's applicable attainment date of November 15, 1993, based on 1991-1993 complete, certified, quality-assured ozone monitoring data at all monitoring sites in the area. Separate from and independent of this determination, EPA is determining that the Manchester marginal one-hour ozone nonattainment area has attained the one-hour ozone standard, since 1993, and that it continues to attain based on complete quality-assured ozone monitoring data through 2011.

(i) Approval—EPA is approving a redesignation request for the Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour ozone nonattainment area. New Hampshire submitted this request on March 2, 2012, and supplemented this submittal on September 21, 2012. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision as required by the Clean Air Act. The ozone maintenance plan also establishes 2008 and 2022 Motor Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth (SE), New Hampshire 1997 8-hour ozone maintenance area. In addition, New Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and 11.8 tpswd of NOX, for the same area. The 2008 and 2022 MVEBs were prepared with the MOVES model. Previously SIP-approved 2009 MVEBs prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also approving a comprehensive 2008 emission inventory for this area.

(j) Approval—EPA is approving the Clean Air Act section 110(a)(1) maintenance plan for the 1997 8-hour ozone National Ambient Air Quality Standard in the area of the New Hampshire required to have such a plan. This area includes portions of Hillsborough, Merrimack, Rockingham, and Strafford Counties, and all of Cheshire County. This maintenance plan was submitted to EPA on March 2, 2012.

[67 FR 18497, Apr. 16, 2002, as amended at 67 FR 72576, Dec. 6, 2002; 73 FR 14388, Mar. 18, 2008; 74 FR 8867, Feb. 27, 2009; 76 FR 14807, Mar. 18, 2011; 77 FR 31498, May 29, 2012; 77 FR 65627, Oct. 30, 2012; 78 FR 6743, Jan. 31, 2013; 81 FR 32239, May 23, 2016]
§ 52.1535 - Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of New Hampshire” and all revisions submitted by New Hampshire that were federally approved prior to August 18, 2009.

(b) The plan was officially submitted on January 27, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 23, 1972, by the New Hampshire Air Pollution Control Agency.

(2) Non-regulatory provisions for retention and availability of air quality data submitted on March 23, 1972, by the New Hampshire Air Pollution Control Agency.

(3) Attainment dates of national primary and secondary air quality standards submitted on August 8, 1972, by the New Hampshire Air Pollution Control Agency.

(4) Revision of regulation No. 5, section 111.A, limiting sulfur content of fuels submitted on September 26, 1972, by the New Hampshire Air Pollution Control Agency.

(5) Compliance schedules submitted on February 14, 1973, by the New Hampshire Air Pollution Control Agency.

(6) Compliance schedules submitted on March 22, 1973, by the New Hampshire Air Pollution Control Agency.

(7) Revision exempting steam locomotives from the plan submitted on April 3, 1973, by the New Hampshire Air Pollution Control Agency.

(8) Regulation No. 20 requiring review of indirect sources submitted on December 13, 1973, by New Hampshire Air Pollution Control Agency.

(9) AQMA identification material submitted on May 20, 1974, by the New Hampshire Air Pollution Control Agency.

(10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air Pollution Control Agency.

(11) Revision to Regulation 18, “Requirements for Recordkeeping at Facilities which Discharge Air Contaminants,” submitted on May 28, 1975, by the New Hampshire Air Pollution Control Agency.

(12) Attainment plans to meet the requirements of Part D for carbon monoxide for Metropolitan Manchester and ozone for AQCR 121, programs for the review of construction and operation of new and modified major stationary sources of pollution in both attainment and non-attainment areas and certain miscellaneous provisions were submitted on May 29, 1979, November 6, 1979, and March 17, 1980.

(13) Attainment plans to meet the requirements of Part D for total suspended particulates and sulfur dioxide in Berlin were submitted by the Governor of New Hampshire on September 19, 1979.

(14) Revisions to Regulation 5, Prevention, Abatement, and Control of Sulfur Emission from Stationary Combustion Equipment, submitted by the Governor of New Hampshire on July 12, 1973 and April 11, 1975.

(15) A plan to provide comprehensive public participation and an analysis of the effects of the New Hampshire 1979 SIP revisions were submitted on February 28, 1980.

(16) Revised regulations to assure reasonable further progress and compliance by owners of proposed new sources with Federal as well as state regulations were submitted on July 8, 1980.

(17) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the New Hampshire Air Resource Agency Director on January 30, 1980.

(18) A plan to attain and maintain the National Ambient Air Quality Standard for lead and to amend the state's air quality standards was submitted on April 15, 1980. A letter further explaining the state procedures for review of new major sources of lead emissions and confirming the use of reference methods was submitted on December 9, 1980 by the Director of the Air Resources Agency.

(19) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for attaining carbon monoxide standards in the City of Manchester which were submitted on January 12, 1981 and February 18, 1981. The revisions supplement the 1979 CO attainment plan (§ 52.1520(c)(12)) and include three air quality-improving transportation projects and a schedule for submitting a plan which will demonstrate attainment by no later than December 31, 1987.

(20) Revisions to meet ozone attainment requirements of Part D (VOC Control Regulations) were submitted on August 17, 1981 and are approved as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 1204.18 and 1204.21.

(21) Operating permits with compliance schedules for VOC sources were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at Nashua.

(22) Revisions to (i) provide a new format and renumber the SIP regulations with associated miscellaneous language changes for purposes of consistency; (ii) to delete redundant regulations and definitions; (iii) amend several regulations; and (iv) to add additional regulations submitted by the New Hampshire Air Resources Commission on June 17, 1982 and August 31, 1982. The federally-approved regulations of the New Hampshire SIP are as follows:

• CHAPTER 100, PART Air 101, Sections Air 101.04-101.26, 101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-101.62, 101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-101.96, 101.98.

• CHAPTER Air 200, PART Air 205.

• CHAPTER Air 300, PARTs Air 301-303.

• CHAPTER Air 400, PARTs Air 401; 402, Sections Air 402.01, 402.03, 402.04; PARTs Air 403-405.

• CHAPTER Air 600, PARTs Air 601-616.

• CHAPTER Air 700, PARTs Air 701-706.

• CHAPTER Air 800, PARTs Air 801-802.

• CHAPTER Air 900, PARTs Air 901-903.

• CHAPTER Air 1000, PART Air 1001.

• CHAPTER Air 1200, PART Air 1201, Sections 1201.01-1201.06, 1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01-1204.16, 1204.18-1204.21; PARTs Air 1205; 1207; 1208.

(23) Carbon monoxide attainment plan revisions for the City of Manchester which meet the requirements of Part D of the Act for 1982 SIP revisions. The revisions were submitted on October 5, 1982 and December 20, 1982 by the New Hampshire Air Resources Agency.

(24) A revision specifying the State will follow Federal permit notice and hearing procedures for applications subject to PSD requirements was submitted by the Air Resources Commission on November 19, 1982.

(25) Revisions to the State Implementation Plan for ozone, consisting of emission limits and compliance schedules for Oak Materials Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s Merrimack Facility, were submitted on December 23, 1982, December 30, 1982, January 19, 1983, and March 18, 1983.

(26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly Regulation 5). raising the allowable sulfur-in-oil limit for all but ten sources, were submitted by New Hampshire on July 12, 1973, April 11, 1975, December 21, 1982 and March 29, 1983. The excluded sources are:

1. International Packings Corp., Bristol.

2. Dartmouth College, Hanover.

3. Hinsdale Products Co., Inc., Hinsdale.

4. Groveton Paper Co., Northumberland.

5. James River Corp./Cascade Division, Gorham.

6. Velcro USA, Inc., Manchester.

7. ATC Petroleum, Newington.

8. Anheuser-Busch, Inc., Merrimack.

9. Hoague-Sprague Corp., West Hopkinton.

10. Public Service Co., Manchester Steam, Manchester.

(27) Amendments to Regulation Air 1204.02(c), defining “equivalent” to include “solids-applied basis” and Air 1204.21(j), altering the maximum time for compliance schedule extensions from December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An additional regulation, Air 1204.17, “Emission Standards for Miscellaneous Metal Parts and Products” was submitted on August 17, 1981.

(28) Revisions to Air 1204.01, updating the list of volatile organic compounds exempted from PART Air 1204, and a revision to Air 101.74, ‘Process weight’ were submitted on November 10, 1983.

(29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for five sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at subparagraph (c)(26) above), submitted on November 1, 1983. The five sources, and the source specific emission limits where applicable, are:

1. International Packings Corp., Bristol.

2. Velcro USA, Inc., Manchester.

3. Dartmouth College, Hanover (Limited to a maximum allowable hourly production of 164,000 pounds of steam.).

4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to firing any three of four boilers, or if all four boilers are fired, the sulfur content is limited 1.5%.).

5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two boilers.)

(30) Revisions to Air 1201.05 adding paragraph (e), concerning hazardous waste incinerators, was submitted on April 9, 1984. Approval of this regulation shall not be construed to supersede New Source Performance Standards; National Emission Standards for Hazardous Air Pollutants; and the regulations controlling emissions from major new or modified stationary sources in attainment and non-attainment areas.

(31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for two sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at paragraph (c)(26) of this section), submitted on January 13, 1984. The two sources, and the source specific restrictions at each, are:

(i) Manchester Steam Station, Public Service Company of N.H., Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as long as the main boilers remain inactive. If either or both of the main boilers are reactivated, the maximum sulfur content of oil burned in any boiler shall not exceed 1.7% by weight. In addition, each main boiler shall not operate until its stack height is increased to 45 m.)

(ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum hourly fuel firing rate of 213 gallons.)

(32) A revision submitted on December 22, 1983 which requires Markem Corporation to install an incinerator. The installation of the incinerator must be completed by July 1, 1985.

(33) The TSP plan to attain primary standards in Berlin, New Hampshire and the administrative order issued May 2, 1984 to the James River Corporation which were submitted by the Air Resources Agency on May 9, 1984.

(34) Revisions to Part (Air) 610 of Chapter 600, “Statewide Permit System” for the preconstruction permitting of new major sources and major modifications in nonattainment areas submitted on April 9, 1984 and September 10, 1984 by the New Hampshire Air Resources Commission.

(35) A revision to approve operating limits for boilers at Dartmouth College, submitted on May 19, 1986 by the Director of the New Hampshire Air Resources Agency.

(i) Incorporation by reference.

(A) Permits to Operate issued by the State of New Hampshire Air Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5, and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated January 6, 1986.

(36) Approval of a revision to allow the James River Corporation (Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation Chapter Air 400, Section Air 402.02, submitted on February 11, 1985. This sources was excluded from revisions pertaining to New Hampshire regulation Chapter Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval.

(37) Revisions to the State Implementation Plan submitted on April 26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources Commission.

(i) Incorporation by reference.

(A) Letter dated April 26, 1985 from the New Hampshire Air Resources Commission submitting revisions to the State Implementation Plan for EPA approval.

(B) Revisions to New Hampshire Code of Administrative Rules, Part Air 704.01, “Permit Review Fee for Large Fuel Burning Devices,” Part Air 704.02, “Permit Review Fee for All Other Devices,” Part Air 706.01, “Renewal Review Fee For Large Fuel Burning Devices,” Part Air 706.02, “Renewal Review Fee For All Other Devices,” Part Air 1202, “Fuel Burning Devices,” effective on December 27, 1984.

(C) Certification from the State of New Hampshire dated April 26, 1985.

(D) Letter from the State of New Hampshire dated January 20, 1986.

(E) Letter from the State of New Hampshire dated May 12, 1987.

(38) Approval of a revision to allow the James River Corporation, Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation CHAPTER Air 400, Section Air 402.02, submitted on January 22, 1986. This source was previously excluded from revisions pertaining to New Hampshire regulation CHAPTER Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval.

(i) Incorporation by reference.

(A) The conditions in the following five Permits to Operate issued by the State of New Hampshire Air Resources Agency on September 6, 1985, to the James River Corporation—Groveton Group: Permit No. PO-B-1550, Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A; Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215, Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These conditions limit the sulfur-in-fuel content at the James River Corporation, Groveton, to 2.2% sulfur by weight.

(39) Attainment plans for carbon monoxide for the City of Nashua including an extension of the attainment date to December 31, 1990 as submitted on September 12, 1985, December 3, 1985, October 7, 1986, March 6, 1987, May 12, 1987 and October 15, 1987.

(i) Incorporation by reference.

(A) The New Hampshire Code of Administrative Rules, Department of Safety, Chapter 900, Emission Inspections, Part Saf-M, 901, Part Saf-M 902, Part Saf-M 903, Part Saf-M 904, Part Saf-M 905, Part Saf-M 906,Part Saf-M 907, Part Saf-M 908, Part Saf-M 909, and Part Saf-M 910, effective October 6, 1986.

(B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-M-715, and § 716.01 Introductory Text and paragraph (g) of Part Saf-M-716, submitted to New Hampshire Department of Safety by the State of New Hampshire on August 14, 1985.

(ii) Additional material.

(A) A letter from Governor John H. Sununu to Michael R. Deland, dated March 6, 1987, committing to take legislative measures to convert the Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the program is found to not be achieving the necessary emission reductions.

(B) Narrative submittals, including an attainment demonstration.

(40) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 6, 1989.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated July 6, 1989 submitting revisions to the New Hampshire State Implementation Plan.

(B) Revisions to New Hampshire's Rule Env-A 303.01 entitled “Particulate Matter,” effective April 21, 1989.

(C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled “permissible Open Burning,” effective May 26, 1989.

(41) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on February 12, 1991.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting a revision to the New Hampshire State Implementation Plan.

(B) Env-A 802.09 and Env-A 802.10 of the New Hampshire Administrative Rules Governing the Control of Air Pollution entitled “Continuous Emission Monitoring” and “CEM Recordkeeping Requirements,” respectively. These regulations were effective on December 27, 1990.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(42) [Reserved]

(43) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on November 21, 1989.

(i) Incorporation by reference.

(A) Letter form the New Hampshire Air Resources Division dated November 21, 1989 submitting a revision to the New Hampshire State Implementation Plan.

(B) Amendments to regulations for the State of New Hampshire's Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 900 and 1200 which were effective November 16, 1989.

(C) Letter from Robert W. Varney, Commissioner of the Department of Environmental Services of New Hampshire, to John B. Hammond, Acting Director of the New Hampshire Office of Legislative Services, dated November 15, 1989, adopting final rules.

(44) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 12, 1990.

(i) Incorporation by reference.

Letter from the New Hampshire Air Resources Division dated September 12, 1990 submitting a revision to the New Hampshire State Implementation Plan that withdraws nine source-specific operating permits incorporated by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).

(ii) Additional materials.

Letter from the New Hampshire Air Resources Division dated July 2, 1991 submitting documentation of a public hearing.

(45) Revisions to the State Implementation Plan consisting of a readoption of the Rules Governing the Control of Air Pollution for the State of New Hampshire submitted by the New Hampshire Air Resources Division on February 12, 1991.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting revisions to the New Hampshire State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on December 27, 1990:

• Chapter Env-A 100: Sections Env-A 101.01-.20, 101.22-.26, 101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62, 101.64-.97 and 101.99.

• Chapter Env-A 200: Parts Env-A 201-205; Part Env-A 207; Section Env-A 209.05; and Part Env-A 210.

• Chapter Env-A 300: Parts Env-A 301-303.

• Chapter Env-A 400: Part Env-A 401-404; Sections Env-A 401-404; Sections Env-A 405.01-.05(b) and 405.06.

• Chapter Env-A 600: Parts Env-A 601-602; Sections Env-A 603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.

• Chapter Env-A 700: Parts Env-A 701-705.

• Chapter Env-A 800: Parts Env-A 801-802; and Part Env-A 804.

• Chapter Env-A 900: Parts Env-A 901-903.

• Chapter Env-A 1000: Part Env-A 1001.

• Chapter Env-A 1200: Parts Env-A 1201-1203; Sections 1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 1206.01-.02 and 1206.04-.06; and Parts Env-A 1207-1208.

(ii) Additional materials.

(A) Letters from the New Hampshire Air Resources Division dated May 7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing certain portion of the February 12, 1991 SIP submittal.

(46) Revisions to the State Implementation Plan consisting of amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback and Emulsified Asphalt submitted by the New Hampshire Air Resources Division on May 15, 1992.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992: Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for Cutback and Emulsified Asphalt.

(47) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on May 15, 1992.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992:

—Chapter Env-A 800: Part Env-A 805 —Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08, 1204.14-1204.15.

(48) [Reserved]

(49) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 17, 1994, and December 21, 1992.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated June 17, 1994, and December 21, 1992, submitting revisions to the New Hampshire State Implementation Plan.

(B) Regulations Chapter Env-A 1200, Part Env-A 1211, “Nitrogen Oxides (NOX),” effective on May 20, 1994, and Chapter Env-A 900, Part Env-A 901, sections Env-A 901.06 “NOX Recordkeeping Requirements,” and Env-A 901.07, “NOX Reporting Requirements,” effective on November 13, 1992.

(50) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 7, 1995, September 18, 1995, and October 18, 1995.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated July 7, 1995, September 18, 1995, and October 18, 1995, submitting revisions to the New Hampshire State Implementation Plan.

(B) New Hampshire NOX RACT Order ARD-95-001, concerning Groveton Paperboard Corporation, effective on May 10, 1995.

(C) New Hampshire NOX RACT Order ARD-95-002, concerning Plymouth Cogeneration Limited Partnership, effective September 12, 1995.

(D) New Hampshire NOX RACT Order ARD-95-003, concerning Waterville Valley Ski Area Limited, effective September 19, 1995.

(51) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on December 9, 1996, June 28, 1996, October 24, 1996, and July 10, 1995.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to the New Hampshire State Implementation Plan (SIP), and a letter dated November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal.

(B) Regulations Part Env-A 801 “Purpose;” Part Env-A 802 “Testing and Monitoring for Stationary Sources: General Requirements;” Part Env-A 902 “Malfunctions and Breakdowns of Air Pollution Control Equipment;” and Part Env-A 903 “Compliance Schedules” all effective November 15, 1992.

(C) Regulations Part Env-A 803 “VOC Testing;” Part Env-A 804 “Capture Efficiency;” Sections Env-A 901.01 through 901.05, 901.08 and 901.09 of Part Env-A 901 “Recordkeeping and Reporting by Sources;” and Part Env-A 1204 “Stationary Sources of Volatile Organic Compounds (VOCs) (except 1204.06),” all effective on August 31, 1995.

(D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. Packard, effective May 5, 1995.

(E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in Manchester, NH, effective September 10, 1996.

(F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile Tapes Corporation, NH, effective October 4, 1996.

(52) A revision to the New Hampshire SIP regarding ozone monitoring. The State of New Hampshire will modify its SLAMS and its NAMS monitoring system to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.

(i) Incorporation by reference.

(A) State of New Hampshire Photochemical Assessment Monitoring Stations—Network Plan—Network Overview.

(ii) Additional material.

(A) NH-DES letter dated December 13, 1994, and signed by Thomas M. Noel, Acting Director, NH-DES.

(53) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on August 29, 1996. This revision is for the purpose of satisfying the rate-of-progress requirement of section 182(b) and the contingency measure requirement of section 172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester serious ozone nonattainment area, and the New Hampshire portion of the Boston-Lawrence-Worcester serious ozone nonattainment area.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated August 29, 1996 submitting a revision to the New Hampshire State Implementation Plan.

(54) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and September 24, 1997.

(i) Incorporation by reference.

(A) Letters from the New Hampshire Air Resources Division dated April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions to the New Hampshire State Implementation Plan.

(B) New Hampshire NOX RACT Order ARD-97-001, concerning Public Service Company of New Hampshire in Bow, effective on April 14, 1997.

(C) New Hampshire NOX RACT Order ARD-95-011, concerning Hampshire Chemical Corporation, effective on May 6, 1997.

(D) New Hampshire NOX RACT Order ARD-97-003, concerning Crown Vantage, effective September 24, 1997.

(55)-(56) [Reserved]

(57) Revision to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 27, 1998.

(i) Incorporation by reference.

(A) Regulation Chapter Env-A 3200 NOX Budget Trading Program adopted and effective on July 17, 1998.

(ii) Additional materials.

(A) Letter from the New Hampshire Air Resources Division dated July 27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading Program as a revision to the New Hampshire State Implementation Plan.

(58) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on November 25, 1992.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Air Resources Division dated November 24, 1992 submitting a revision to the New Hampshire State Implementation Plan.

(B) Part Env-A 1205 “Volatile Organic Compounds (VOC): Gasoline Dispensing Facilities and Gasoline Tank Trucks,” effective in the State of New Hampshire on August 17, 1992.

(ii) Additional materials.

(A) New Hampshire Department of Environmental Services “Stage II Equivalency Demonstration,” dated November 1992.

(B) Nonregulatory portions of the submittal.

(59) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 4, 1998 and November 20, 1998.

(i) Incorporation by reference.

(A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A “Emission Amendments to Official Motor Vehicle Inspection Requirements” as adopted on November 17, 1998; and Part Saf-C 5800 “Roadside Diesel Opacity Inspection Program Rules” as adopted on November 17, 1998.

(ii) Additional material.

(A) Document entitled “Alternative New Hampshire Motor Vehicle Inspection/Maintenance State Implementation Plan Revision” dated September 4, 1998.

(B) Letters from the New Hampshire Air Resources Division dated September 4, 1998 and November 20, 1998 submitting a revision to the New Hampshire State Implementation Plan.

(60) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division August 6, 2001 and April 26, 1995.

(i) Incorporation by reference.

(A) Section 623.01 and sections 623.03 through 623.06 of New Hampshire's rule PART Env-A 623 rule entitled, “Prevention of Significant Deterioration (PSD) Of Air Quality Permit Requirements.” This regulation was adopted in the State of New Hampshire on July 23, 2001.

(B) New Hampshire's rules PART Env-A 205.03, “Applications Subject to PSD Requirements,” and PART Env-A 205.04, “Applications Subject to Nonattainment Requirements.” These regulations were adopted in the State of New Hampshire on February 22, 1995 and amended on July 23, 2001.

(ii) Additional materials.

(A) Letter from the New Hampshire Air Resources Division dated August 6, 2001 submitting a revision to the New Hampshire State Implementation Plan.

(B) Letter from the New Hampshire Air Resources Division dated April 26, 1995 submitting a revision to the New Hampshire State Implementation Plan.

(C) Nonregulatory portions of the State submittal.

(61) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on July 9, 1998.

(i) Additional materials.

(A) “New Hampshire Stage II Comparability Analysis,” prepared by the New Hampshire Department of Environmental Services, dated July 1, 1998.

(62) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on June 7, 1994.

(i) Additional materials.

(A) Letter from the New Hampshire Department of Environmental Services dated June 7, 1994 submitting a revision to the New Hampshire State Implementation Plan.

(B) “Clean Fuel Fleet Equivalency Demonstration,” prepared by the New Hampshire Department of Environmental Services, dated May, 1994.

(63) Revisions to the State Implementation Plan Submitted by the New Hampshire Department of Environmental Services on July 10, 1996.

(i) Incorporation by reference.

(A) Letter from the New Hampshire Department of Environmental Services dated July 10, 1996 submitting a revision to the New Hampshire State Implementation Plan.

(B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code of Administrative Rules titled “Conformity of General Federal Actions,” adopted in the State of New Hampshire on April 25, 1996.

(64) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 27, 1998.

(i) Incorporation by reference.

(A) Order ARD 98-001 issued by the New Hampshire Department of Environmental Services to Public Service Company of New Hampshire on July 17, 1998, with attachments: Discrete emission reduction protocol for Public Service of New Hampshire's Schiller Station, Units 4, 5 and 6, submitted to the New Hampshire Department of Environmental Services on April 10, 1998; and Discrete emission reduction protocol for Public Service of New Hampshire's Newington Station, Unit 1, submitted to the New Hampshire Department of Environmental Services on April 10, 1998.

(ii) Additional materials.

(A) Letter from the New Hampshire Air Resources Division dated July 17, 1998 submitting Final RACT Order 98-001 as a revision to the New Hampshire State Implementation Plan.

(65) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on August 16, 1999.

(i) Incorporation by reference. New Hampshire regulation Chapter Env-A 3600, entitled “National Low Emission Vehicle (National LEV) Program” adopted July 21, 1999.

(ii) Additional material. Letter from the New Hampshire Department of Environmental Services dated August 16, 1999 submitting the Low Emission Vehicle program as a revision to the State Implementation Plan.

(66) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.

(i) Incorporation by reference.

(A) New Hampshire's PART Env-A 610 “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region” adopted on May 21, 1993.

(B) New Hampshire's PART Env-A 622 (Formally Env-A 610) “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region” incorporating the “Plant-wide Source,” adopted on June 26, 1997.

(C) New Hampshire's PART Env-A 622 (Formally Env-A 610) “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region,” addition of the requirements for section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.

(D) Letter from the New Hampshire Air Resources Division dated July 29, 1993 submitting a revision to the New Hampshire State Implementation Plan.

(E) Letter from the New Hampshire Air Resources Division dated July 2, 1999 submitting a revision to the New Hampshire State Implementation Plan.

(67) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 11, 1998.

(i) Additional materials.

(A) Letter from the New Hampshire Department of Environmental Services dated September 11, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline category.

(68) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.

(i) Incorporation by reference.

(A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-Busch Incorporated, effective April 15, 2002.

(B) Env-A 1204.27, “Applicability Criteria and Compliance Options for Miscellaneous and Multi-category Stationary VOC Sources,” effective August 21, 1995, is granted full approval for the New Hampshire portion of the eastern Massachusetts serious ozone nonattainment area.

(ii) Additional materials.

(A) Letter from the DES, dated April 15, 2002, submitting revised Anheuser-Busch order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000.

(B) Letter from the DES, dated March 22, 2002, containing information on New Filcas of America.

[37 FR 10879, May 31, 1972] Editorial Note:For Federal Register citations affecting § 52.1535, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
authority: 42 U.S.C. 7401
cite as: 40 CFR 52.1530