Env-A 900-1100 (Air Res.)

CHAPTER Env-A 900 OWNER OR OPERATOR RECORDKEEPING AND REPORTING OBLIGATIONS

Statutory Authority: RSA 125-C:4, I

REVISION NOTE:

Document #14374, effective 9-20-25, readopted or readopted with amendment the rules in Chapter Env-A 900 titled “Owner or Operator Recordkeeping and Reporting Obligations”. Amendments included deletion of the reserved number Env-A 904.04 formerly titled “Format for Recordkeeping Information for Specified Operations”, which had been repealed by Document #12043, effective 11-18-16. Document #14374 renumbered subsequent rules within Part Env-A 904 as indicated in the source notes. Document #14374 replaces all prior filings affecting the former rules in Chapter Env-A 900.

The prior filings affecting the former Env-A 904.04 included the following documents:

#6983-B, eff 4-23-99 (formerly Env-A 901.06)

#8874, eff 4-21-07

#10892, eff 7-18-15

#12043, eff 11-18-16

PART Env-A 901 PURPOSE; APPLICABILITY; DEFINITION

Env-A 901.01 Purpose. The purpose of this chapter is to require the owner or operator of sources that discharge air pollutants to maintain records so that the emissions of such pollutants can be readily calculated or estimated and reported to the department for the purposes of demonstrating compliance, compiling emission inventories, and developing air-related strategic plans.

Source. #120, eff 8-31-73; ss by #721.18, eff 12-7-75; ss by #719, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss by #5505, eff 11-15-92, EXPIRED: 11-15-98

New. #6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99

New. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 901.02 Applicability. This chapter shall apply to each stationary source, area source, or device that discharges air pollutants into the ambient air and is regulated under RSA 125-C or RSA 125-I, or both.

Source. #5505, eff 11-15-92; ss by #6087, eff 8-31-95; rpld by #6983-B, eff 4-23-99

New. #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 901.03 Definition. For purposes of this chapter, “electronic means” as applied to the submittal of reports or other documents to the department means by fax, as an attachment to an email, or through an electronic reporting system designed and intended to be used for submitting reports electronically to the department.

New. #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 902 AVAILABILITY OF RECORDS

Env-A 902.01 Record Retention and Availability.

(a) Any owner or operator of a stationary source, area source, or device that is subject to this chapter shall:

(1) Maintain the required records on file for a minimum of 5 years; and

(2) Make the required records available to the department upon request.

(b) The owner or operator of a stationary source, area source, or device that discharges air pollutants into the ambient air and is exempt under Env-A 903.01(b) from the general recordkeeping requirements of this chapter shall maintain any records relating to:

(1) Production data;

(2) Material usage;

(3) Equipment manufacturer’s specifications;

(4) Material safety data sheets;

(5) Fuel consumption; and

(6) Such other similar records, data, and information.

(c) A stationary source, area source, or device that is subject to Env-A 1400 shall maintain records in accordance with the applicable method used to demonstrate compliance pursuant to Env-A 1405.

Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5505, eff 11-15-92, EXPIRED: 11-15-98

New. #6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99

New. #6983-B, eff 4-23-99 (formerly Env-A 901.10); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 903 GENERAL RECORDKEEPING REQUIREMENTS

Env-A 903.01 Applicability.

(a) Except as provided in (b), below, this part shall apply to any stationary source, area source, or device that is subject to Env-A 600.

(b) The owner or operator of any of the following stationary sources, area sources, or devices shall not be required to comply with the requirements of this part with respect to that source or device:

(1) A device that is not subject to Env-A 600 that is located at a source that is subject to Env-A 600;

(2) A source or device that is an exempt or insignificant activity pursuant to Env-A 609.03 or Env-A 609.04, respectively; or

(3) A source or device that is operated under a permit-by-notification issued pursuant to Env-A 603.02.

Source. #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5505, eff 11-15-92, EXPIRED: 11-15-98

New. #6892, INTERIM, eff 11-26-98, EXPIRED: 3-26-99

New. #6983-B, eff 4-23-99; ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; amd by #9792, eff 10-1-10; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 903.02 General Recordkeeping Requirements for Process Operations. The owner or operator of each process shall maintain the following material use or production records on a monthly basis:

(a) The total quantities of all materials used or produced in each process that are necessary to calculate emissions, to verify applicability and compliance with all emission limitations, or to verify production capacities and quantities; and

(b) For a source operating more than one process, all operational data needed to estimate the distribution of the usages, production, and emissions from such processes.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 903.03 General Recordkeeping Requirements for Combustion Devices.

(a) The owner or operator of a combustion device shall maintain records of consumption and type for each fuel and waste combusted in the device, on a monthly basis.

(b) The owner or operator of a source operating multiple combustion devices that share a common fuel source shall maintain records on a monthly basis of all operational data needed to estimate the distribution of the fuel combusted and emissions from each combustion device.

(c) The owner or operator of a combustion device shall maintain records of the following characteristics for each fuel combusted in the device:

(1) For coal, on a monthly basis as follows:

a. Ash content;

b. BTU content of fuel; and

c. Weight percent of sulfur;

(2) For solid fuels other than coal, No. 6 oil, No. 5 oil, used oil, crude oil, and any liquid fuel not having a federal or state sulfur standard:

a. Records showing the maximum weight percentage sulfur and quantity of each fuel delivery received; and

b. Records showing either:

1. The analytical method used and the specific fuel analysis results of the shipment or consignment from which the delivery came; or

2. Delivery records sufficient to allow for traceability of the analytical results corresponding to each delivery received by the stationary source, showing:

(i) The date of delivery;

(ii) The type of fuel; and

(iii) The name, address, and telephone number of the company making the delivery;

(3) For any liquid fuel other than those listed in (2), above, either the records identified in (2), above, or a written statement from the fuel supplier that the sulfur content of the fuel as delivered does not exceed state or federal standards for that fuel; and

(4) For gaseous fuels other than natural gas or propane, on a monthly basis:

a. Sulfur content by weight or volume of fuel; and

b. BTU content of fuel.

Source. #6983-B, eff 4-23-99; amd by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10413, eff 9-24-13 ; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 903.04 General Recordkeeping Requirements for Sources with Continuous Emissions Monitoring Systems. The owner or operator of a stationary source with a certified continuous emissions monitoring system that is subject to Env-A 800 shall maintain records as specified in Env-A 800.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 903.05 General Recordkeeping for Fuel Suppliers. Each major fuel company shall retain copies of each fuel analysis performed pursuant to Env-A 1607.01.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.05); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 904 VOC EMISSION STATEMENTS RECORDKEEPING REQUIREMENTS

Env-A 904.01 Applicability. Any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year or that is subject to Env-A 1200 “VOC RACT” shall comply with the applicable provisions of this part for that year.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 904.02 General VOC Recordkeeping. The owner or operator of any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year shall maintain records of the following information:

(a) Identification of each VOC-emitting process or device that is subject to Env-A 600;

(b) The operating schedule during the high ozone season for each VOC-emitting process or device identified in (a), above, including:

(1) The typical hours of operation per day; and

(2) The typical days of operation per calendar month; and

(1) Actual monthly VOC emissions, in tons, from each VOC-emitting process or device identified in (a), above;

(2) Typical high ozone season day VOC emissions, in pounds per day, from each VOC-emitting process or device identified in (a), above; and

(3) The emission factors and the origin of the emission factors used to calculate the VOC emissions.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); amd by #7973, eff 10-21-03); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 904.03 VOC Recordkeeping for Surface Coating and Printing Operations. For all industrial adhesives, surface coating, and printing operations that are subject to Env-A 1200, the owner or operator shall maintain records of the following information:

(a) Except those sources subject to Env-A 1215.01 through Env-A 1215.04 and Env-A 1216, adhesive, coating, or ink formulation, and analytical data, as follows:

(1) Supplier;

(2) Name and color;

(3) Type;

(4) Identification number;

(5) Density described as lbs/gal;

(6) Total volatile content described as weight percent;

(7) Water content described as weight percent;

(8) Exempt solvent content described as weight percent;

(9) VOC content described as weight percent;

(10) Solids content described as volume percent;

(11) Diluent name and identification number;

(12) Diluent solvent density described as lbs/gal;

(13) Diluent VOC content described as weight percent;

(14) Diluent exempt solvent content described as weight percent;

(15) Volume of diluent VOC described as gal; and

(16) Diluent solvent ratio described as gal diluent solvent/gal coating;

(b) The number of gallons of each coating and ink, including solvents and diluents, used during a typical high ozone season day;

(1) Method of application;

(2) Number of coats for coating operations;

(3) Drying method, if applicable; and

(4) Substrate type and form;

(d) For printing operations subject to Env-A 1215.01 through Env-A 1215.04, ink formulation as follows:

(1) Volume percent of VOC as applied;

(2) Volume percent of VOC and water for the volatile fraction of the ink; or

(3) For packaging rotogravure and flexographic printing only, pounds VOC per pound of solids or kilograms VOC per kilogram of solids as applied; and

(e) For printing operations subject to Env-A 1216, cleaning material and fountain solution information as follows:

(1) Amount of cleaning materials used on a monthly basis, in gallons or pounds for each cleaning material that does not meet either of the requirements in Env-A 1216(a)(1) or (a)(2);

(2) VOC content described as weight percent or in terms of pounds of VOC per gallon of cleaning solution as applied, if applicable;

(3) If fountain solution is refrigerated, the temperature of the solution; and

(4) Documentation of the alcohol content of fountain solutions.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #12043, eff 11-18-16; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 904.04 VOC Recordkeeping for Certain Unclassifiable Operations. For all applicable unclassifiable processes other than unclassifiable coating or printing processes, the owner or operator shall maintain records of process information, including throughput data, required by Env-A 903.02 in such form as to allow the department to determine actual and theoretical potential VOC emissions from each applicable device or process.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.03); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.05)

Env-A 904.05 VOC Recordkeeping for Open Top Vapor Degreasing, Conveyorized Degreasing, and Solvent Metal Cold Cleaners. For open-top vapor degreasing, conveyorized degreasing, and solvent metal cold cleaners that are subject to Env-A 1221, the owner or operator shall maintain records of the following information:

(a) For a conveyorized degreaser, the physical air or vapor interface size in square feet;

(b) Air pollution control equipment information; and

(1) Air pollution control equipment maintenance records, such as replacement of the carbon in a carbon adsorption unit;

(2) Results of visual inspections conducted in accordance with Env-A 804.23(a); and

(3) The results of all tests conducted in accordance with Env-A 804.23(b).

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.05); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.06)

Env-A 904.06 VOC Recordkeeping for Fixed Roof or External Floating Roof VOL Storage Tanks, Bulk Gasoline Loading Terminals, Bulk Storage Plants, and Petroleum Refineries. For fixed-roof or external floating-roof volatile organic liquid (VOL) storage tanks, bulk gasoline loading terminals, bulk storage plants, and petroleum refineries that are subject to Env-A 1217, the owner or operator shall maintain records of the following information:

(a) Individual VOL storage tank data, if applicable, including the following:

(1) Tank capacity;

(2) Volume and type of VOL stored;

(3) For VOL storage tanks, a record of the maximum true vapor pressure of the liquid as stored;

(4) For VOL storage tanks exempted by Env-A 1217.01(a) or Env-A 1217.03(a), but containing a VOL with a true vapor pressure greater than 7.0 kilopascals (kPa), or 1.0 pound per square inch atmospheric (psia):

a. Average monthly storage temperature;

b. Type of liquid stored; and

c. Maximum true vapor pressure for any VOL with a true vapor pressure exceeding 7.0 kPa (1.0 psia); and

(5) Air pollution control equipment information including:

a. For VOL storage tanks, seal type, and date of retrofit, if applicable; and

b. For VOL storage tanks, records of malfunctions, visual leak inspection results, including:

1. For fixed-roof tanks, reports and results of inspections conducted in accordance with Env-A 1217.02(f) and Env-A 1217.02(g); and

2. For external floating roof tanks, reports and results of inspections conducted in accordance with Env-A 1217.04(j) and Env-A 1217.04(k);

(b) Records of VOC emission testing and all continuous emission monitoring data, including, for bulk gasoline loading terminals, records that document compliance with the emission limit pursuant to Env-A 1217.06(a); and

(1) Records of malfunctions, visual leak inspection results, startups, and shutdowns;

(2) Records of VOC emission testing and all continuous emission monitoring data;

(3) Each date that any process unit or vessel was shut down; and

(4) The vessel volatile organic compound concentration when the volatile organic compounds were first discharged to the atmosphere.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.06); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 904.06); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.07)

Env-A 904.07 Recordkeeping for Sources or Devices with Add-on VOC Air Pollution Control Equipment. The owner or operator of any stationary source, area source, or device with add-on VOC control equipment shall maintain records of the following information, as applicable:

(a) The air pollution control device identification number, type, model number, and manufacturer;

(b) Installation date;

(d) The type and location of the capture system, capture efficiency percentage, and method of determining capture efficiency;

(e) Information as to whether or not the control device is always in operation when the process(es) or device(s) are in operation;

(f) The destruction or removal efficiency of the add-on air pollution control equipment, including:

(1) Destruction or removal efficiency, in percent;

(2) Date tested;

(3) The emission test results, if tested, including:

a. The inlet VOC concentration in ppm;

b. The outlet VOC concentration in ppm; and

c. The method of determination of the concentrations in a. and b. above; and

(4) The method of determining destruction or removal efficiency, if not tested;

(g) For thermal incinerators, the design combustion temperature in degrees F;

(h) For catalytic incinerators:

(1) The design exhaust gas temperature in degrees F;

(2) The design temperature rise across the catalyst bed in degrees F;

(3) The anticipated frequency of catalyst change; and

(4) Any actual catalyst changes;

(i) For a condenser:

(1) The design inlet temperature of the cooling medium; and

(2) The design exhaust gas temperature in degrees F; and

(j) For a carbon adsorber:

(1) The design pressure drop across the adsorber; and

(2) The VOC concentration at breakthrough.

Source. #10892, eff 7-18-15 (from Env-A 904.07); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35 (formerly Env-A 904.08)

PART Env-A 905 NOx EMISSION STATEMENTS RECORDKEEPING REQUIREMENTS

Env-A 905.01 Applicability. Any stationary source, area source, or device that has actual NOx emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that year.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 905.02 General NOx Recordkeeping. The owner or operator of any stationary source, area source, or device subject to this part shall record the following information and maintain such records at the facility:

(a) Identification of each combustion device that is subject to Env-A 600; and

(b) Operating schedule during the high ozone season for each combustion device identified in (a), above, including for each device:

(1) The typical hours of operation per day;

(2) The typical days of operation per calendar month;

(3) Type and amount of fuel burned;

(4) Design heat input rate in million BTUs per hour or, for incinerators, in tons per hour; and

(5) The following NOx emission data:

a. Actual monthly NOx emissions;

b. The typical high ozone season day NOx emissions, in pounds per day; and

c. The emission factors and the origin of the emission factors used to calculate the NOx emissions.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 905.03 Recordkeeping for Sources or Devices with Add-on NOx Air Pollution Control Equipment. The owner or operator of any stationary source or device with add-on NOx air pollution control equipment shall record and maintain the following information:

(a) The air pollution control device identification number, type, model number, and manufacturer;

(b) Installation date;

(d) Type and location of the capture system, capture efficiency percent, and method of determination;

(e) Information as to whether or not the air pollution control device is always in operation when the fuel burning device or incinerator it is serving is in operation; and

(f) The destruction or removal efficiency of the add-on air pollution control equipment, including the following information:

(1) Destruction or removal efficiency, in percent;

(2) Date tested;

(3) The emission test results, if tested, including:

a. The inlet NOx concentration in ppm;

b. The outlet NOx concentration in ppm; and

c. The method of determination of the concentrations in a. and b. above; and

(4) The method of determining destruction or removal efficiency, if not tested.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.08); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 906 ADDITIONAL RECORDKEEPING REQUIREMENTS

Env-A 906.01 Additional Recordkeeping Requirements. The owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall maintain such additional records as are necessary to demonstrate compliance with all state and federal statutes, rules, regulations, and permits.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 907 GENERAL REPORTING REQUIREMENTS

Env-A 907.01 General Reporting Requirements. All reports submitted to the department shall be prepared as follows:

(a) Each report shall be separately and clearly labeled with:

(1) The name, mailing address, and physical address of the source covered by the report;

(2) The operating period covered by the report;

(3) The permit number and condition or item number that requires the report submittal;

(4) The type of report, using the name of the report as specified in the reporting condition in the permit, that is being submitted; and

(5) The date the report was prepared;

(b) An owner or operator who submits a report that is a revision to a previously-submitted report shall clearly identify the previously-submitted report with the information specified in (a), above, and indicate which portions of the report have been revised;

(c) The owner or operator may submit more than one report with a single cover, provided the owner or operator clearly identifies each report being submitted using the information required by (a), above, and by (b), above, if applicable, for each report;

(d) Each report submitted by or on behalf of the owner or operator of a source that is subject to Env-A 609 shall be signed by the responsible official;

(e) The signature provided pursuant to (d), above, or (f), below, shall constitute certification that:

(1) The official is authorized to submit the report on behalf of the facility covered by the report;

(2) Based on information and belief formed after reasonable inquiry, the official believes the statements and information in the enclosed documents are true, complete, and not misleading to the best of the official’s knowledge and belief; and

(3) The official is aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment; and

(f) The owner or operator shall submit reports as paper documents or by electronic means. The owner or operator of a source that is subject to Env-A 609 who submits a report by electronic means shall separately mail or deliver a cover letter, signed by the responsible official, that contains the information specified in items (a) through (c), and (e), above, as well as the date the report was submitted by electronic means.

Source. #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 907.02 Annual Emissions Reporting Requirements.

(a) For purposes of this section, “emissions unit” means:

(1) At a facility that is subject to Env-A 609, any source or device that is not an exempt activity pursuant to Env-A 609.03, or an insignificant activity pursuant to Env-A 609.04; and

(2) At any other facility, any source or device listed in Env-A 607.01.

(b) Except as provided in (c), below, the owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall submit an annual emissions report to the department on or before April 15 of the year following the calendar year covered by the report.

(1) A permit-by-notification pursuant to Env-A 603.02;

(2) A general state permit established for the source category for emergency generators or emergency engines described in Env-A 610.04(b)(1) for which a registration package has been approved pursuant to Env-A 610.09; or

(3) A limitation on potential to emit established pursuant to Env-A 625.

(d) Except as provided in (e), below, the annual emissions report required by (b), above, shall include the actual annual emissions of NOx, total VOCs, filterable PM, CO, and SO₂, and the following emissions information, as applicable, for each emissions unit:

(1) For each emissions unit at a stationary source subject to Env-A 609, actual annual emissions of:

a. Each hazardous air pollutant, reported by CAS number;

b. Filterable PM10, filterable PM2.5, and condensable PM;

c. CO₂e; and

d. Ammonia and lead;

(2) For each emissions unit subject to Env-A 1400, the actual annual emissions of each regulated toxic air pollutant and each hazardous air pollutant, reported by CAS number;

(3) For each emissions unit subject to Env-A 503, actual annual emissions of each pollutant to which a new source performance standard applies pursuant to Env-A 503.01; and

(4) For each emissions unit subject to Env-A 619, the actual annual emissions of each pollutant for which a standard was established for the unit pursuant to Env-A 619.

(e) For each emissions unit that requires a permit solely because the unit is subject to Env-A 607.01(t), the annual emissions report required by (b), above, shall contain the actual annual emissions of each regulated toxic air pollutant from that unit, reported by CAS number.

(f) The annual emissions report required by (b), above, also shall include the following information for each emissions unit:

(1) For process operations, all information required to be kept by Env-A 903.02;

(2) For combustion devices, all information required to be kept by Env-A 903.03;

(3) The methods used in calculating emissions in accordance with Env-A 705.02; and

(4) The emission factors and the origin of the emission factors.

(g) CO₂e and condensable PM shall not be subject to Env-A 705.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; amd by #9792, eff 10-1-10; ss by #10748, eff 12-19-14; ss by #10892, eff 7-18-15 (from Env-A 907.01); amd by #12043, eff 11-18-16; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 907.03 General Reporting Requirements for Sources Subject to Env-A 609. The owner or operator of any stationary source, area source, or device that is subject to Env-A 609 shall:

(a) No later than April 15 of the year following the calendar year covered by the report, submit an annual compliance certification to the department and to the EPA that includes the following information for each requirement and condition of each effective permit:

(1) The particular permit condition or item number that references each requirement, and a brief summary of the requirement;

(2) The compliance status with respect to the requirement and whether during the year compliance with the requirement was continuous, intermittent, not achieved, or not applicable;

(3) The method(s) used to determine compliance, such as monitoring, record keeping, reporting, or test methods;

(4) If compliance was not continuous, a description of each permit deviation; and

(5) Any additional information required in order for the department to determine the compliance status of the source; and

(b) For each effective permit, submit a semi-annual permit deviation and monitoring report to the department, by July 31 for the period January 1 through June 30 and by January 31 for the period July 1 through December 31, that includes:

(1) A summary of permit deviations pursuant to Env-A 911.05(a) and (b) that occurred during the period being reported; and

(2) A summary of any monitoring required by the permit.

Source. #7615, eff 12-20-01; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15 (from Env-A 907.04); ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 908 VOC EMISSION STATEMENTS REPORTING REQUIREMENTS

Env-A 908.01 Applicability. The owner or operator of any stationary source, area source, or device that has actual VOC emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that calendar year.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.07); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 908.02 Frequency of Reporting; Information Required. The owner or operator of the stationary source, area source, or device shall submit all information required to be recorded by Env-A 904.02(a)-(c) that applies to the source or device by April 15 of the year following the calendar year covered by the report.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.07); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 909 NOx EMISSION STATEMENTS REPORTING REQUIREMENTS

Env-A 909.01 Applicability. The owner or operator of any stationary source, area source, or device that has actual NOx emissions greater than or equal to 10 tons in any calendar year shall comply with the applicable provisions of this part for that calendar year.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.09); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 909.02 Frequency of Reporting; Information Required. The owner or operator of the stationary source, area source, or device shall submit all information required by Env-A 905 as applicable to the source or device covered by the report by April 15 of the year following the calendar year covered by the report.

Source. #6983-B, eff 4-23-99 (formerly Env-A 901.09); ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 910 ADDITIONAL REPORTING REQUIREMENTS

Env-A 910.01 Additional Reporting Requirements. The owner or operator of any stationary source, area source, or device that is subject to Env-A 600 shall submit to the department such additional reports as are necessary to demonstrate compliance with all state and federal statutes, rules, regulations, and permits.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 911 RECORDKEEPING AND REPORTING REQUIREMENTS FOR PERMIT DEVIATIONS AND AIR POLLUTION CONTROL EQUIPMENT PARAMETER EXCURSIONS

Env-A 911.01 Purpose. The purpose of this part is to establish the recordkeeping and reporting requirements for a facility owner or operator in the event of a permit deviation.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 911.02 Applicability.

(a) Except as limited by (b), below, this part shall apply to every owner or operator of a stationary source, area source, or device that is subject to Env-A 609.

(b) The owner or operator of a non-title V source that has been issued a temporary permit or a state permit to operate shall comply with the following:

(1) The requirements in Env-A 911.03(a) and Env-A 911.04 (a) and (d); and

(2) For any permit deviation or parameter excursion that is reportable in accordance with Env-A 911.04(a) or (d), the requirement to record the information in accordance with Env-A 911.03(b).

Source. #6983-B, eff 4-23-99; ss by #7973, eff 10-21-03; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 911.03 Recordkeeping Requirements. In the event of a permit deviation, the owner or operator shall:

(a) Investigate and take corrective action immediately upon discovery of the permit deviation to restore the affected device, process, or air pollution control equipment to within allowable permit conditions; and

(b) Record the following information:

(1) A description of the permit deviation, including the applicable permit number and permit condition(s);

(2) The probable cause of the permit deviation;

(3) The date and time of the discovery of the permit deviation;

(4) The actual date(s) and time(s) of the permit deviation;

(5) The duration of the permit deviation, including the date and time that the device, process, or air pollution control equipment returned to operation in compliance with an enforceable emission limitation or operating condition;

(6) The specific device, process, or air pollution control equipment that contributed to the permit deviation;

(7) Any corrective measures taken to address the permit deviation;

(8) Preventative measures taken to prevent future permit deviations;

(9) The type and amount of any excess emissions that occurred as a result of the permit deviation, if applicable; and

(10) If applicable, the calculation or estimation used to quantify the excess emissions.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 911.04 Reporting Requirements.

(a) For any permit deviation that causes excess emissions, the owner or operator shall:

(1) Notify the department of the permit deviation and excess emissions by telephone or by electronic means within 24 hours of discovery of the permit deviation, unless it is discovered on a Saturday, Sunday, or state legal holiday, in which event the owner or operator shall notify the department on the next day that is not a Saturday, Sunday, or state legal holiday; and

(2) Submit a written report of the deviation on paper or by electronic means to the department within 10 days of discovery of the permit deviation reported pursuant to (1), above, that includes all of the information required by Env-A 911.03(b) to be recorded together with the following:

a. Facility name;

b. Facility address;

c. Name of the responsible official; and

d. Facility telephone number.

(b) If the permit deviation referenced in Env-A 911.03 does not cause excess emissions but continues for a period greater than 9 consecutive days, the owner or operator of the affected device, process, or air pollution control equipment shall notify the department of the information required by (a)(2), above, by electronic means on the tenth day of the permit deviation, unless that day is a Saturday, Sunday, or state legal holiday, in which event the department shall be notified on the next day that is not a Saturday, Sunday, or state legal holiday.

(c) For any permit deviation caused by a failure to comply with the data availability requirements of Env-A 800, the owner or operator of the affected device, process, or air pollution control equipment shall:

(1) Report the permit deviation to the department by electronic means within 10 days of discovery of the permit deviation; and

(2) Report the permit deviation to the department as part of the quarterly emissions report submitted pursuant to Env-A 800.

(d) The owner or operator of a stationary source, area source, or device who is required to operate air pollution control equipment to limit emissions from the source or device shall, in the event of an excursion such that a monitored parameter specified by the permit to document the performance of the air pollution control equipment is above a maximum or below a minimum set point or is outside of the required operating range for that parameter, comply with the following:

(1) If the parameter cannot be brought back into the range specified for normal operation within 48 hours of the excursion, then:

a. Notify the department by telephone or electronic means within the next 24 hours, unless that period would be a Saturday, Sunday, or state legal holiday, in which case the owner or operator shall notify the department on the next day that is not a Saturday, Sunday, or state legal holiday; and

b. Submit a written report of the excursion on paper or by electronic means to the department within 10 days of the notice provided pursuant to (1), above, that includes all of the information required by Env-A 911.03(b) to be recorded together with the following:

1. Facility name;

2. Facility address;

3. Name of the responsible official; and

4. Facility telephone number; and

(2) Maintain records of the event in accordance with Env-A 911.03(b).

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 911.05 Semiannual Reporting of Permit Deviations. The owner or operator of a stationary source, area source, or device that is subject to Env-A 609 shall report to the department, by July 31 for the period January 1 through June 30 and by January 31 for the period July 1 through December 31, the following information:

(a) A summary of all permit deviations previously reported to the department pursuant to Env-A 911.04(a), (b), and (d); and

(b) A list of all permit deviations recorded pursuant to Env-A 911.03(b).

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

PART Env-A 912 ALTERNATIVE TIME PERIODS

Env-A 912.01 Approval of Alternative Time Periods. Any owner or operator subject to this chapter may request an alternative recordkeeping or reporting time period in accordance with this part.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07; ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 912.02 Request. The person seeking approval of the alternative time period shall submit the following information to the department in writing:

(a) The specific citation and the specific time period for which the alternative time period is sought;

(b) The proposed alternative time period;

(d) Information demonstrating that the alternative time period will result in records that are sufficient to demonstrate compliance with all applicable requirements.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07 (from Env-A 912.01(a)); ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Env-A 912.03 Department Action on Request.

(a) The department shall review the information submitted pursuant to Env-A 912.02 within 30 days of receipt.

(b) The department shall approve the request if the alternative time period will result in records that are sufficient to demonstrate compliance with all applicable requirements.

(c) The department shall notify the person making the request of its decision in writing. If the request is denied, the notice shall specify the reason(s) for the denial.

Source. #6983-B, eff 4-23-99; ss by #8872, eff 4-21-07 (from Env-A 912.01(b)); ss by #10892, eff 7-18-15; ss by #14374, eff 9-20-25, EXPIRES: 9-20-35

Appendix A: State and Federal Statutes/Regulations Implemented

Rule Section(s)	State Statute(s) Implemented	Federal Statute/Regulation Implemented
Env-A 901	RSA 125-C:6, XI	42 U.S.C. 7414
Env-A 902	RSA 125-C:6, VII; RSA 125-I:7, II
Env-A 903	RSA 125-C:6, XI
Env-A 904	RSA 125-C:6, XI	42 U.S.C. 7511a
Env-A 905	RSA 125-C:6, XI	42 U.S.C. 7511a
Env-A 906	RSA 125-C:6, XI
Env-A 907	RSA 125-C:6, XI	42 U.S.C. 7511a
Env-A 908	RSA 125-C:6, XI	42 U.S.C. 7511a
Env-A 909	RSA 125-C:6, XI	42 U.S.C. 7511a
Env-A 910	RSA 125-C:6, XI
Env-A 911	RSA 125-C:6, XI	42 U.S.C. 7661c(c); 40 CFR 70.6(a)
Env-A 912	RSA 125-C:6, XI