CHAPTER Env-A 300 AMBIENT AIR QUALITY STANDARDS
Statutory Authority: RSA 125-C:4, I(b)
PART Env-A 301 PURPOSE, SCOPE AND
DEFINITIONS
Env-A
301.01 Purpose. The purpose of this chapter is to establish
ambient air quality standards to:
(a) Support the policy and purpose articulated in
RSA 125-C:1 and as required by §109 of the Clean Air Act (Act), 40 CFR 50, and
40 CFR 53 for various types of pollutants emitted in or transported into the
State of New Hampshire; and
(b) Be at least as stringent as the federal
primary and secondary ambient air quality standards, respectively.
Source. #120, eff 8-31-73;
ss by #461, eff 4-20-74; ss by #1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss
by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss
by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 301.02 Applicability. This chapter shall apply to ambient air
statewide. The department shall not
construe these standards in any manner that would allow the significant
deterioration of existing air quality in any portion of the state.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
PART
Env-A 302 REFERENCES; DEFINITIONS
Env-A
302.01 References. For the purpose of this chapter, unless
otherwise specified all references to 40 CFR 50 and 40 CFR 53, including
appendices, shall be to the July 1, 2021 edition.
Source. #120, eff 8-31-73;
ss by #461, eff 4-20-74; ss by #1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss
by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss
by #10173, eff 9-1-12 (from Env-A 301.03); ss by #13382,
eff 5-25-22
Env-A 302.02 Definitions. For the purposes of this chapter, the
following definitions shall apply:
(a) “Attainment”
means that the primary or secondary ambient air quality standard, as applicable
for that pollutant, is met;
(b) “Equivalent
method” means “equivalent method” as defined by 40 CFR 50.1(g), reprinted in
Appendix B;
(c) “Primary ambient
air quality standard” means the level of air quality designated by the
administrator of the U.S. Environmental Protection Agency (EPA) that is judged
to be necessary to protect public health.
For purposes of this definition, “public health” means the overall
health and safety of the human population at large;
(d) “Reference
method” means “reference method” as defined by 40 CFR 50.1(f), reprinted in
Appendix B; and
(e) “Secondary
ambient air quality standard” means the level of air quality designated by the
EPA administrator that is judged to be necessary to protect public welfare from
any known or anticipated adverse effects of a pollutant. For purposes of this definition, “public
welfare” means the well-being of animals and vegetation and the maintenance of
property.
Source. #10173, eff 9-1-12 (from
Env-A 301.04); ss by #13382, eff 5-25-22
PART Env-A 303
AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER
Env-A
303.01 Primary and Secondary Ambient
Air Quality Standards for Particulate Matter (PM). The primary and secondary ambient air quality
standards for particulate matter (PM) shall be as follows:
(a) For PM measured in the ambient air as
particles having an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10), the primary and secondary ambient air quality
standards each shall be 150 micrograms per cubic meter (μg/m3),
24-hour average concentration; and
(b) For PM measured in the ambient air as
particles having an aerodynamic diameter less than or equal to a nominal 2.5 micrometers
in diameter or smaller (PM2.5):
(1) The annual primary ambient air quality standards shall be 12.0 μg/m3, annual arithmetic mean concentration;
(2) The annual secondary
ambient air quality standards shall be 15.0 μg/m3,
annual arithmetic mean concentration; and
(3) The
24-hour primary and secondary ambient air quality standards each shall be 35 μg/m3, 24-hour average concentration.
Source. #120, eff 8-31-73;
ss by #461, eff 4-20-74; ss by #1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss
by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #4601, eff 4-21-89; ss by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss
by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 303.02 Determination of Attainment of PM
Standards. The department shall
determine the attainment of primary and secondary standards for PM specified in
Env-A 303.01 as follows:
(a) For particulate matter measured in the
ambient air as PM10, the 24-hour primary and secondary ambient air
quality standards shall be deemed to be attained when the expected number of
days per calendar year with a 24-hour average concentration above 150 μg/m3, as determined in accordance with 40
CFR 50 Appendix K, is equal to or less than one; and
(b) For particulate matter measured in the
ambient air as PM2.5:
(1) The annual primary ambient air quality
standard shall be deemed to be attained when the annual arithmetic mean
concentration, as determined in accordance with 40 CFR 50 Appendix N, is less
than or equal to 12.0 μg/m3;
(2) The
annual secondary ambient air quality standard shall be deemed to be attained
when the annual arithmetic mean concentration, as determined in accordance with
40 CFR 50 Appendix N, is less than or equal to 15.0 μg/m3; and
(3) The
24-hour primary and secondary ambient air quality standards shall be deemed to
be attained when the 98th percentile 24-hour concentration, as determined in
accordance with 40 CFR 50 Appendix N, is less than or equal to 35 μg/m3.
Source. #120, eff 8-31-73;
ss by #461, eff 4-20-74; ss by #1333, eff 4-1-79; amd by #1614, eff 7-30-80; ss
by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss
by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A
303.03 Measurement for PM Attainment
Determinations. For
the purpose of determining attainment of the primary and secondary
ambient air quality standards for PM specified in Env-A 303.01, the following
shall apply:
(a) PM10 in the ambient air shall be
measured by either:
(1) A reference method based on 40 CFR 50
Appendix J and designated in accordance with 40 CFR 53;
or
(2) An equivalent method designated in accordance
with 40 CFR 53; and
(b) PM2.5 in the ambient air shall be
measured by either:
(1) A reference method based on 40 CFR 50
Appendix L and designated in accordance with 40 CFR 53;
or
(2) An equivalent method designated in
accordance with 40 CFR 53.
Source. #120, eff 8-31-73;
ss by #461, eff 4-20-74; ss by #1333, eff 4-1-79; ss by #1614, eff 7-30-80; ss
by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss
by #5033, eff 12-27-90; ss by #6227, eff 4-25-96; ss by #8054, eff 2-28-04; ss
by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
PART Env-A 304
AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE
Env-A
304.01 Primary and Secondary Ambient
Air Quality Standards for Sulfur Dioxide (SO2).
The primary and secondary ambient air quality standards for sulfur
dioxide (SO2), chemical abstracts service registry number (CAS #)
7446-09-5, shall be as follows:
(a) The primary ambient air quality standard for
SO2 shall be 75 parts per billion (ppb), 1-hour average
concentration; and
(b) The secondary ambient air quality standard
for SO2 shall be 0.5 parts per million (ppm), 3-hour average
concentration.
Source. #120, eff 8-31-73;
ss by #721.3, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff
4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff
5-25-22
Env-A
304.02 Determination of Attainment of
SO2 Standards. The
department shall determine attainment of the primary and secondary standards
for SO2 specified in Env-A 304.01 as follows:
(a) The primary ambient air quality standard for
SO2 shall be deemed to be attained when the 3-year average of the
annual 99th percentile of the daily maximum 1-hour average
concentrations, as determined in accordance with 40 CFR 50 Appendix T, is less
than or equal to 75 ppb; and
(b) The secondary ambient air quality standard
for SO2 shall be deemed to be attained when the 3-hour average
concentration exceeds 0.5 ppm not more than once per calendar year.
Source. #120, eff 8-31-73;
ss by #721.3, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff
4-25-96; ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 304.03 Measurement for SO2 Attainment
Determination. For
the purpose of determining attainment of the primary and secondary
ambient air quality standards for SO2 specified in Env-A 304.01,
sulfur dioxide in the ambient air shall be measured by either:
(a) The reference method described in 40 CFR 50
Appendix A-1 or
A-2; or
(b) An equivalent method designated in
accordance with 40 CFR 53.
Source. #120, eff 8-31-73;
ss by #721.3, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83;
ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6227, eff
4-25-96; ss by #8054, eff 2-28-04; ss by 10173, eff 9-1-12; ss by #13382, eff
5-25-22
PART Env-A 305
AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE
Env-A
305.01 Primary Ambient Air Quality
Standards for Carbon Monoxide (CO). The primary ambient air quality standards for
carbon monoxide (CO), CAS # 630-08-0, shall be as follows:
(a) The 8-hour primary ambient air quality
standard for CO shall be 9 ppm, 8-hour average concentration;
and
(b) The 1-hour primary ambient air quality
standard for CO shall be 35 ppm, 1-hour average concentration.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A
305.02 Determination of Attainment of
CO Standards. The department shall
determine attainment of the primary standards for CO specified in Env-A 305.01
as follows:
(a) The 8-hour primary ambient air quality
standard for CO shall be deemed to be attained when the 8-hour average
concentration exceeds 9 ppm not more than once per calendar year;
and
(b) The 1-hour primary ambient air quality
standard for CO shall be deemed to be attained when the 1-hour average
concentration exceeds 35 ppm not more than once per calendar year.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 305.03 Measurement for CO Attainment
Determination. For
the purpose of determining attainment of the primary ambient air quality
standards for CO specified in Env-A 305.01, carbon monoxide in the ambient air
shall be measured by either:
(a) A
reference method based on 40 CFR 50 Appendix C and designated in accordance
with 40 CFR 53; or
(b) An
equivalent method designated in accordance with 40 CFR 53.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
PART Env-A 306
AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE
Env-A
306.01 Primary and Secondary Ambient
Air Quality Standards for Nitrogen Dioxide (NO2).
The primary and secondary ambient air quality standards for nitrogen
dioxide (NO2), CAS # 10102-44-0, shall be as follows:
(a) The annual primary ambient air quality
standard for NO2 shall be 53 ppb, annual average concentration;
(b) The 1-hour primary ambient air quality
standard for NO2 shall be 100 ppb, 1-hour average concentration;
and
(c) The secondary ambient air quality standard
for NO2 shall be 0.053 ppm, equivalent to 100 μg/m3,
annual arithmetic mean concentration.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 306.02 Determination of Attainment of NO2
Standard.
(a) The
annual primary standard for NO2
specified in Env-A 306.01 shall be deemed to be attained when the annual
average concentration in a calendar year, as determined in accordance with 40
CFR 50 Appendix S, is less than or equal to 53 ppb.
(b) The
1-hour primary standard for NO2 specified in Env-A 306.01 shall be
deemed to be attained when the 3-year average of
the annual 98th percentile of the daily maximum 1-hour average, as determined in
accordance with 40 CFR 50 Appendix S, is less than or equal to 100 ppb.
(c) The
annual secondary standard specified in Env-A 306.01 shall be deemed to be
attained when the annual arithmetic mean concentration in a calendar year is
less than or equal to 0.053 ppm, rounded to 3 decimal places, as further described
in 40 CFR 50.11(g).
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A
306.03 Measurement for NO2
Attainment Determination. For the purpose of determining attainment of the primary and
secondary ambient air quality standards specified in Env-A 306.01, NO2 in
the ambient air shall be measured by either:
(a) A reference method based on 40 CFR 50
Appendix F; or
(b) An equivalent method designated in
accordance with 40 CFR 53.
Source. #10173, eff 9-1-12;
ss by #13382, eff 5-25-22
PART Env-A 307 AMBIENT AIR
QUALITY STANDARDS FOR OZONE
Env-A
307.01 Primary and Secondary Ambient
Air Quality Standards for Ozone. The
primary and secondary ambient air quality standards for ozone, CAS #
10028-15-6, shall be as follows:
(a) The primary ambient air quality standard for
ozone shall be 0.070 ppm,
daily maximum 8-hour average; and
(b) The secondary ambient air quality standard
for ozone shall be the same as the annual primary ambient air quality standard
for ozone designated in (a), above.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss
by #13382, eff 5-25-22
Env-A
307.02 Determination of Attainment of
Ozone Standards. The primary and
secondary ambient air quality standards for ozone specified in Env-A 307.01
shall be deemed to be attained when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration, as determined
in accordance with 40 CFR 50 Appendix P, is less than or equal to 0.070 ppm.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 307.03 Measurement for Ozone Attainment
Determination. For
the purpose of determining attainment of the primary and secondary
ambient air quality standards for ozone specified in Env-A 307.01, ozone in the
ambient air shall be measured by either of the following:
(a) A
reference method based on 40 CFR 50 Appendix D and designated in accordance
with 40 CFR 53; or
(b) An
equivalent method designated in accordance with 40 CFR 53.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
PART Env-A 308 AMBIENT AIR
QUALITY STANDARDS FOR LEAD
Env-A
308.01 Primary and Secondary Ambient
Air Quality Standards for Lead. The
primary and secondary ambient air quality standards for lead and its compounds,
CAS # 7439-92-1, shall be as follows:
(a) The primary ambient air quality standard for
lead shall be 0.15 μg/m3, 3-month
arithmetic mean concentration; and
(b) The secondary ambient air quality standard
for lead shall be the same as the primary ambient air quality standard for lead
designated in (a), above.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A
308.02 Determination of Attainment of
Lead Standards. The primary and
secondary ambient air quality standards for lead specified in Env-A 308.01
shall be deemed to be attained when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with 40 CFR 50
Appendix R, is less than or equal to 0.15 μg/m3.
Source. #6227, eff 4-25-96;
ss by #8054, eff 2-28-04; ss by #10173, eff 9-1-12; ss by #13382, eff 5-25-22
Env-A 308.03 Measurement for Lead Attainment
Determination. For
the purpose of determining attainment of the primary and secondary
ambient air quality standards for lead specified in Env-A 308.01, lead in the
ambient air shall be measured by either:
(a) A reference method based on 40 CFR 50
Appendix G and designated in accordance with 40 CFR 53;
or
(b) An equivalent method designated in
accordance with 40 CFR 53.
Source. #10173, eff 9-1-12;
ss by #13382, eff 5-25-22
Appendix A: State Statute, Federal Statute/Regulations Implemented
Rule Section(s) |
State Statutes Implemented |
Federal Statutes/Regulations Implemented |
Env-A
300 (see parts listed below for additional info) |
RSA 125-C:1;
RSA 125-C:6 |
42 U.S.C. §7409; 40 CFR 50;
40 CFR 53 |
Env-A
302 |
|
40 CFR §50.1 |
Env-A
303 |
|
40 CFR §50.6, §50.7; 40 CFR
50 Appendix J,
K, L & N |
Env-A
304 |
|
40 CFR §50.4, §50.5; 40 CFR
50 Appendix A-1
& A-2 |
Env-A
305 |
|
40 CFR §50.8; 40 CFR 50
Appendix C |
Env-A
306 |
|
40 CFR §50.11; 40 CFR 50
Appendix F &
S |
Env-A
307 |
|
40 CFR §50.9, §50.10; 40
CFR 50 Appendix H & I |
Env-A
308 |
|
40
CFR §50.12; 40 CFR 50 Appendix G & R |
Appendix B:
Definitions from 40 CFR §50.1
40 CFR §50.1
(f) Reference method means a method of sampling and
analyzing the ambient air for an air pollutant that is specified as a reference
method in an appendix to this part, or a method that has been designated as a
reference method in accordance with part 53 of this chapter; it does not
include a method for which a reference method designation has been cancelled in
accordance with §53.11 or §53.16 of this chapter.
(g) Equivalent method means a method of sampling and
analyzing the ambient air for an air pollutant that has been designated as an
equivalent method in accordance with part 53 of this chapter; it does not
include a method for which an equivalent method designation has been cancelled
in accordance with §53.11 or §53.16 of this chapter.