HB 190 – AS INTRODUCED

2005 SESSION

05-0096

08/01

HOUSE BILL 190

AN ACT relative to the installation of continuous emission monitoring systems on stationary air pollution sources and devices.

SPONSORS: Rep. C. Hamm, Merr 4; Rep. Phinizy, Sull 5; Rep. Holden, Hills 7; Rep. Cataldo, Straf 3; Rep. Keans, Straf 1; Sen. Odell, Dist 8; Sen. Green, Dist 6; Sen. Larsen, Dist 15; Sen. Hassan, Dist 23

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill requires the installation of continuous emission monitoring systems on stationary air pollution sources and devices.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0096

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the installation of continuous emission monitoring systems on stationary air pollution sources and devices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Definition Added. Amend RSA 125-C:2 by inserting after paragraph V-c the following new paragraph:

V-d. “Continuous emission monitoring system” means the total equipment necessary for the determination of a gas or particulate matter concentration or emission rate using pollutant analyzer measurements and a conversion equation, graph, or computer program to produce results in units of the applicable emission limitation or standard.

2 New Paragraph; Continuous Emission Monitoring Systems; Required Installation. Amend RSA 125-C:10 by inserting after paragraph II the following new paragraph:

III. No person shall construct, operate, or modify a device or an affected source unless the device or source has a continuous emission monitoring system installed within 24 months of introduction of such system to the market.

3 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0096

2/28/05

HB 190 FISCAL NOTE

AN ACT relative to the installation of continuous emission monitoring systems on stationary air pollution sources and devices.

FISCAL IMPACT:

The Department of Environmental Services indicates state expenditures will increase by $11,738,133 in FY 2006, $3,776,166 in FY 2007, $3,791,105 in FY 2008, $3,806,755 in FY 2009. County expenditures will increase by $3,275,607 in FY 2006 and by $975,713 in FY 2007 and each year thereafter. Local expenditures will increase by $11,137,061 in FY 2006, $3,317,423 in FY 2007 and each year thereafter. There will be no fiscal impact on state, county and local revenue.

METHODOLOGY:

The Department has based its first year costs for continuous emission monitoring systems (CEMS) on “CEMS Cost Model Version 3.0 – 2/10/98” (computer program found at where the cost of an EPA-acceptable CEMS is determined). The average CEMS cost used is $185,850 per system, which was the average of four systems cost ranging from $148,400 to $225,400. This cost includes sampling system (including heated umbilical from stack, conditioning system, extraction pump, etc.), computer data acquisition system, CEMS shelter (small trailer), individual component gas analyzers, labor for installing system, etc. All of this is typical of a CEMS installation. The $185,850 per system cost is an average value of current established CEMS that could be installed (e.g. CO/NOX/O2/opacity). Cost for a mercury or metals CEMS have not been included in the estimate and would add significantly to the cost of a CEMS. Annual maintenance, quality assurance/quality control costs, Environmental Protection Agency testing required is estimated from the cost program referenced above to be approximately 35% of the initial cost. The Department did not take into consideration any inflation factors to update the 1998 dollars to 2006 dollars. For state costs, there is an additional Department cost factored in which takes into account staffing necessary to review, verify data, and oversee continuous monitoring activities throughout the state. It is assumed that it will take six (6) additional people to do this. The six people would have oversight on approximately 30 CEMS at 9-10 facilities. The average salary for the six employees is based on APC Engineer III, labor grade 24. Step increases are included in the salaries. Also an overhead factor of 1.52 (based on a .44 additional factor for benefits and a .08 additional factor for office facilities) is used.

State Expenditures:

*Salary of an APC Engineer III, step increases for FY 2006 (half year) and FY 2007 used is step 01, for FY 2008 – step 02, and FY 2009 – step 03.

**Overhead factor of 52% is based on a 44% for benefits and 8% for office facilities.

County Expenditures:

Local Expenditures: