N.H. Code Admin. R. Env-A 1402.02 - Additional Exemptions for Sources and Activities

Current through Register Vol. 41, No. 39, September 30, 2021

Pursuant to RSA 125-I:3, III(c), the owner or operator of a device or process that meets the criteria of Env-A 1401.02 also shall be exempt from the requirements of this chapter for a particular RTAP if the emissions of such pollutant are from, or result from, any of the following sources or activities:

(a) The combustion of one or more of the following fuels:
(1) Coal;
(2) Natural gas;
(3) Propane;
(4) Biofuels as defined in Env-A 1401.03(b); or
(5) Biomass as defined in Env-A 1401.03(c);
(b) A gasoline dispensing or storage facility or cargo truck as regulated pursuant to Env-A 1217 or Env-Wm 1404;
(c) An exempt activity as classified in Env-A 609.03;
(d) A pneumatic transfer system for collecting sander dust which uses a baghouse that is operated and maintained in accordance with the manufacturer's specifications;
(e) Non-metallic mineral processing plants, as defined in Env-A 2802.03;
(f) Wastewater evaporators that do not process wastewater containing volatile organic compounds (VOCs);
(g) Used oil heaters that meet the following criteria:
(1) The sum of the gross heat input design ratings for all devices equals 500,000 Btu per hour or less;
(2) The sum of the fuel use rate for all devices equals 3.6 gallons per hour of fuel use or less;
(3) All devices burn 8,640 gallons per year or less of specification used oil as defined in Env-Hw 807.02;
(4) Each exhaust stack has an inside diameter of 8 inches or less;
(5) Each exhaust stack outlet is 20 feet or more above the ground;
(6) Each exhaust stack is vertical and unobstructed; and
(7) All devices are operated and maintained in accordance with manufacturer's specifications;
(h) Spray coating operations used for maintenance limited to painting of process equipment using commercially available paints or coatings, but excluding VOC degreasing operations;
(i) Crematoriums;
(j) A publicly owned wastewater treatment facility that:
(1) Is not required to develop a pretreatment program to control pollutants received by the POTW from non-domestic sources, in accordance with 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution; and
(2) Has a national pollutant discharge elimination system (NPDES) permit, in accordance with section 402 of the Clean Water Act, 33 U.S.C. 1251 et seq.;
(k) A pump station which is part of a publicly owned wastewater treatment facility, in accordance with (j), above;
(l) The use of consumer products in a manner consistent with how the general public would use the product;
(m) An automotive refinishing operation that meets the following criteria:
(1) Each spray booth/station exhaust stack is vertical and unobstructed;
(2) The source is in compliance with the requirements of 40 CFR Part 63, Subpart HHHHHH; and
(3) The source uses less than 500 gallons per year of commercially available paints or coatings;
(n) An air stripper or other equipment associated with soil venting that is used to remediate a petroleum or gasoline contaminated site, and equipment that is used to control petroleum or gasoline vapors at either a petroleum or gasoline contaminated site or at a site associated with a petroleum or gasoline contaminated site, provided that such equipment is located at or associated with a state-funded site, a superfund site, or is required under the provisions of a consent order or consent agreement with the department;
(o) Routine maintenance activities associated with boilers;
(p) The use of isopropyl alcohol, nitrous oxide, and ethylene oxide at health care facilities;
(q) An accidental release as defined in Env-A 1401.03;
(r) Air strippers, soil venting equipment, or equipment used to control contaminated vapors operating for test purposes to qualify and quantify air emissions for remediation projects for a time period approved by the department;
(s) Solvent cleaning of parts and equipment performed exclusively by hand wiping or hand cleaning, provided that:
(1) Less than 20 gallons per year are used; and
(2) The used wipes are kept in closed containers;
(t) Process emissions from private, public, or vocational educational institutions, provided that:
(1) The emissions are primarily the result of teaching and training exercises; and
(2) The institution is not engaged in the manufacture of products for commercial sale;
(u) Degreasing and cleaning units that exclusively use aqueous caustic solutions at ambient temperatures in non-aeriated baths or tanks;
(v) Rooms, buildings, and warehouses used exclusively for:
(1) Storing chemicals, provided such chemicals are stored in closed containers;
(2) Filling chemical containers or transferring chemicals from one container to another; and
(3) Sampling chemicals for quality assurance and quality control purposes;
(w) Powder coating operations;
(x) Surface spray coating at facilities that do not spray apply coatings containing strontium chromate (CAS #7789-06-02) and have actual VOC emissions of 1,000 pounds or less in any 12-month period from all coating materials, coating material components, other materials mixed with coating materials prior to application, and cleaning solvents; and
(y) Particulate RTAP emissions, from processes not equipped with removal equipment, that are vented inside the building and, in aggregate, do not exceed 1,000 pounds in any consecutive 12-month period.


N.H. Code Admin. R. Env-A 1402.02

#9601, eff 11-25-09; amd by #9865, eff 2-18-11; ss by #10133, eff 6-1-12

Amended byVolume XXXIV Number 16, Filed April 17, 2014, Proposed by #10673, Effective 4/4/2014, Expires 4/4/2024. Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12443, Effective 1/5/2018, Expires 1/5/2028.

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