Notice Number 2004-123

1 . Agency Name &Address: RULEIVIAKING NOTICE FORM Rule Number

Dept . of Environmental Services 29 Hazen Drive P.O . Box 95 Concord, NH 03302-0095

5 . Short Title

: HOT MIXASPHALT PLANTS 6. (a) 2 . RSAAuthority: 3. Federal Authority: 4. Type ofAction: Adoption Amendment Env-A 2700

RSA 125- C

:4,I(a)

Repeal . x Readoption x Readoption w/amendment

Summary ofwhat the rule says and the effect of the rule on those regulated: x

Env-A2700 provides particulate matter, visible emission, and fugitive emission standards for hot mix asphalt plants. It will expire on January 18, 2005 unless readopted prior to that date. The proposed rule would readopt the existing rule; repeal the particulate matter and visible emission standards applicable to plants constructed on or before June 11, 1973, and expand the scope of the standards applicable to plants constructed after that date to all hot mix asphalt plants. All active hot mix asphalt plants in the state can meet the standards for plants constructed after June 11, 1973, so this change will have no effect on those constructed on or before June 11, 1973. In addition, rules addressing the transportation of scatterable materials, document inspection, and requirements contained in other Env-Arules would be repealed. 6. (b) Brief description of the groups affected: The proposed rule affects hot mix asphalt plant owners and operators. There are currently 34 active, permitted plants in the State. 6. (c) Specific. section or sections of state statute or. federal statute or regulation which the rule is intended to implement : Provision of the Proposed Rule Specific Section of State or Federal Statute or Regulation which the Rule is Intended to Implement Env-A 2701 &2702, Env-A 2703 ? 2705 (formerly Env-A 2704 - 27 G , I~ P~ 1~-C~,~a) RS1q /2 Existing Env-A2703, 2707-2709 (Repealed) >~A v ve x ' ~~_rnsT(ai , .RULEIVIAKING NOTICE FORM - Page 2 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Barbara Hoffman Title: SSMB Planning Manager Address: Dept. of Environmental Services Phone #: (603)271-7874

P .O . Box 95 Fax#: (603)271-7053 Concord, NH 03302-0095 . E-mail : bhoffman@des .state.nh.us TTY/TDDAccess: Relay NH 1-800-735- The proposed rules can be viewed and 2964 or dial 711 (in NH) downloaded at http://www

.des.state.nh.us/ard/prpsdrul .htm

8. Deadline for submission ofmaterials in writing or, if practicable for the agency, in the electronic format specified: September 27, 2004 at 4 p.m . ®Fax - ®E-mail F-1Other format (specify) : 9. Public hearing scheduled for:

Date and Time: September 15, 2004,11 :00 a.m . Place: 29 Hazen Drive, Concord, NH Room 114 10 . Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 04:126 , dated July 2, 2004 -- - See Attached.

11 . Statement Relative to Part I, Article 28-a of the N .H . Constitution: The proposed rules will impose a morc stringent particulate matter emission limit on hot mix asphalt plants constructed on or before June 11, 1973. However, no currently active, pernzitted plant is owned or operated by a political subdivision ofthe state. Accordingly, the proposed rules do not violate Part I, Article 28-a of the New Hampshire Constitution, because they do not assign any new, modified, or expanded programs or responsibilities to political subdivisions ofthe state.4

LBAo 

## FiS o4:12s 7I2I04 Fiscal Impact Statement for Department of Environmental Services rules goveming Hot MixAsphalt Piants. [Env-A 27001 ' 1 . Gornparison ofthe costs of the proposed rule(s) to the existing raie(s .): There are no costs attributable to either the proposed or existing rules. ;a 1.&- 4116- Is 1%24e IM .- El #unds; W El : . . _ There is no Federal mandate for th ese rules. However, theserules incorpqrata part of the State Irriplemeritation Planwhich has-59-en appraved by 'the US Envimnmentai Protection-Agency pursuant to the Federal Clean AirAct, 42 U .S.C . Sectlon T4'10

. No

_ impact on state'funds. .

8 : Cost and be1>tefits of the proposed rule(s) ; - There are no'coets associated with ft proposed rule because, even Ifthe existing rule were allowed to expire, affected sources would still be required to'complywith the federal

. rule-that incoraorates It at4QGFR52 .1520 . A . To Stategeneral or State specialfunds: None. B . To State citizens and political subdivisions: None. ' . ' G . To independently owned businesses: None,Add d 1 a e in bold italics- Initial Proposal 6-22-04 1

e angu g , /~ , ~ deleted language sfi~sl~ CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4 Readopt Env-A 2701 .01, effective 1-18-97 (Document #6428-B), to read as follows: PART Env-A 2701 PURPOSE Env-A 2701 .01 Purpose. The purpose of this chapter is to establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. Readopt with amendment Env-A 2702.01, effective 1-18-97 (Document #6428-B), to read as follows: PART Env-A2702 SCOPE Env-A 2702.01 Scope. This chapter shall apply to any hot mix asphalt plant ufilized operated in trie state. Repeal Env-A 2703.01-Env-A 2703.02, effective 1-18-97 (Document #6428-B), as follows:

T 4 .-4

' P .a- ; . . .,t . .fe TiT.,++e.. QY-'c " W e ight tRa te Effi6friAmStandaf Pounds i3er- 14sig) 10,000 ,-()8$ 39 ;A9g 4A ;0A9 50,000 400,900 398~A8g 400,008 500 , 000 and abeve 4-0 4-6 22 2$ -313 49 43 47 2 17, 

# 4 

# rly"'ROopOSE

J~o /AC~U~ fC,e~ 

# ® .~ d~

.Added language in bold italics; Initial Proposal 6-22-04 2

deleted language stfuelc-tbfeagl}

Readopt with amendments and renumber. Env-A 2704.01 - Env-A 2706.01, effective 1-18-97 (Document #6428-B), as Env-A2703.01- Env-A 2705.01 to read as follows: PART Env-A 27-A4 2703 EMISSION STANDARDS foR AoT M lX 

## qspgk-r R-4nrrs L-dr?' Env-A 24$4 2703.01 Particulate Matter Emission Standards ,

### C nr l^107 -" IN-P The owner or operator of a hot mi.x asphalt plant shall not cause or allowthe emission of particulate matter a-t-afromthe hot mix asphalt plant

. to exceed 90 milligrams per dry __~__~ ---~--- - .,~ . .a . . . . .~. vuvav 1i1~Lv1, vl v.v't 61t1111b PG1 Uly A'Ld11UdrU CUD1C 1001 . Of 49-73. Env-A 2784 2703.02 Visible Emi ssion Standards 

# ~~ Npfi ly( 1)( Asoh a l-~ (a) The owner or operator of a hot mix asphalt plant shall not cause or allowVvisible fugitive

---- v . .,uavav ow .vn \ .uuDAlvll,) . n14 . .,11 . . . . .4 4- an average ot 2U percent opacity for any continuous 6-minute period 4, (b) Opacity shall be determined in ac d ;+I, 'C-,, A PXCPP cor ance wl - 807. " 4 4 p LT ~Lf}b~1TS " Sf~N 1X PART Env-A 2704~ FUGITIVE EMISSION CONTROL SYSTEMFDR NnT Env-A 2704-5.01 Fugitive Emission Control SystemRequired. (a) Ne-~ The owner or operator of a hot mix asphalt plant shall not e^"" s° ooperate the plant =- "hirnet unless it is equipped with a fugitive emission control systemthat is operated and maintained to prevent the emission of particulate matter from any point other than the stack outlet. (b) The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system : (1) Overflow

chutes; (2) Aggregate cold feed bins; (3) Feeders; and (4) Aggregate conveyors. PART Env-A 27056 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Env-A 27056.01 Fucitive Dust Control Within Plant Property.Added language in bold italics; Initial Proposal 6-22-04 3

deleted language stmsk-tlfeug~ (a) The owner or operator of a hot mix asphalt plant shall control Phe emission of dust caused by vehicular movement ever - -es°ss re-as 'o, f'en, ^"'' within the hot Rii* asph plant property boundaries 61191 be-eerAr-elled. Means a4lewable for- sue Fugitive dust control methods shall include, but shall not be limited to paving or wetting the roadway. --- -- .- -- - - - - - --- - --- - - --- -- --- ---- - - - - - -- - - -- - -- ------------- ---~------- ---- (b) The owner or operator ofa hot mix asphaltplant shall control -Eemissions of dust fromstockpiling

. Means ale--

" -b'° for

- °u^h Fugitive dust control methods shall include, but shall not be limited to, wet suppression, windbreaks, enclosures, or soil stabilization. Repeal Env-A 2707 - Env-A 2709, effective 1-18-97 (Document #6428-B), as follows:

REQURZEA

ffiAPPENDIX

Provision of the Proposed Rule Specific Section of State or Federal Statute or Regulation which the Rule is Intended to Implement Env-A 2701 &2702, Env-A 2703 - 2705 RS" "` 

## .~,~ ~'s~ la~-c; ~ ~ (formerly Env-A 2704 - 270/7) Existing Env-A 2703, 2707-2709 (Repealed) 

### 25- RSA 125-C:4,I(a) ~'tGl!".

/ ~7Section 125-C :4 Rulemaking Authority; Subpoena Power. Page 1 of 1



# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTION CONTROL

Section 125-C

:4 125-C :4 Rulemaking Authority; Subpoena Power. - I . The commissioner shall adopt rules under RSA 541-A, relative to: (a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. 

### (b) Primary and secondary ambient air quality standards . (c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. 

### (d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a. (e) Devices, in addition to those devices defined under RSA 125-C :2, subject to the permit requirements of RSA 125-C :11, as authorized by RSA 125-C :11, II . (f) The exemption of certain devices and non-Title Vsources fromthe permit requirements of RSA 125-C :11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C :11, I . , (g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C :11, as authorized by RSA 125-C:12,1 . (h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C :12, 11 . (i) Fees for permit application and review, as authorized by RSA 125-C :12, IV. (j) Procedures for permit application review, as authorized by RSA 125-C :11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C :13. (k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C :6, XI . (~ Procedures for receiving violation complaints andfor rules enforcement, as authorized by RSA 125-C :15, I . (m) Procedures for granting variances, as authorized by RSA 125-C:16. (n) The manufacture, use, or sale of consumer products for purposes of implementing RSA485:16- c. [Paragraph I-a effective January 1, 2004.] I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment. 11 . The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence andto administer such, oaths and to take such testimony as he may deemnecessary. Source. 1979, 359:2. 1986, 202:8, eff . July 1, 1986. 1996, 228 :19, 104, eff

. July 1, 1996; 278:2, 3, eff . Aug. 9, 1996

. 2001, 293 :5, eff. July 17, 2001 . 2003, 137:3, eff. Jan. 1, 2004.

Section 125-C-6 Powen and i>>itiPC of flip (`nmmicc;nnPr n__e I -r')Section 125-C :6 Powers and Duties of the Commissioner. Page 1 of 2



# TITLE X PUBLIC HEALTH CHAPTER 125-C AIR POLLUTIONCONTROL

Section 125-C:6 125-C :6 Powers and Duties of the Commissioner. - In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties: 1. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it; II . Developing a comprehensive programand provide services for the study, prevention, and abatement of air pollution; III . Conducting and encouraging studies relating to air quality; IV. Collecting and disseminating the results of studies relating to air quality; V . Advising, consulting, and cooperating with the cities andtowns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality; VI . Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state; VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to bum, a mixture that consists of at least 90 percent virgin no. 6oil and the remainder complying with the used fuel oil specifications in 40CFR, section 279.11, table 1 ; VII . Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated; VIII . Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, including such monies given under any federal law to the state for air quality control activities, surveys, or programs; IX . Consulting the air resources council established by RSA 21-0:11 on the policies and plans for the control and prevention ofair pollution; X . Exercising all incidental powers necessary to carry out the purposes of this chapter; XI . Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of emissions from such stationary sources. The commissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards; )UL Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in. aviolation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a "clean air' area by state or federal regulations;Section 125-C :6 Powers and Duties of the Commissioner . Page 2 of 2 XIII . Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution; XIV . Establishing and operating a statewide systemunder which permits shall be required for the construction, installation, operation or material modification of air pollution devices and sources, which system shall be established pursuant to RSA 125-C:11 and the sections which follow . The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, . modification or operation of said air pollution sources and modifications which, in the opinion.of the commissioner, would cause the ambient air pollution level in the locality of such construction, modification or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act as amended, or which construction, modification or operation would, in the opinion ofthe commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan; XV . Implementing a programof prevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such increments are not less stringent than those specified in the Clean Air Act and amendments thereto, and in regulations promulgated thereunder ; XVI . Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines andto assure the reliability and accuracy of the network equipment. XVII . Implementing a program to control the emissions of air contaminants from consumer products for purposes of RSA485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits are not less stringent than those established under the Clean Air Act and amendments thereto, and in regulations promulgated under the Clean Air Act. 

### Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 8, 10. 1988, 277:1 .1995, 192:1, ef£ Aug. 11, 1995. 1996, 228:104, eff. July 1, 1996. 2001, 293:6, ef£ July 17, 2001 .