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 MIX ASPHALT PLANTS 

6. (a) 

2. RSA Authority: 

3 . Federal Authority : 

4. Type of Action: 

Adoption 

Amendment 

Env-A 2700 

RSA 125-C:4,I(a) 

Repeal . x 

Readoption x 

Readoption w/amendment 

Summary of what the rule says and the effect of the rule on those regulated: 

x 

Env-A 2700 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contained in other Env-A rules would be repealed . 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) RS 1q /2 

Existing Env-A 2703, 2707-2709 (Repealed) 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/TDD Access: 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 of materials 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 of the 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 of the state. 
4 

LBAo 

FiS o4:12s 

7I2I04 

Fiscal Impact Statement for Department of Environmental Services rules goveming Hot Mix Asphalt 

Piants. [Env-A 27001 ' 

1 . Gornparison of the costs of the proposed rule(s) to the existing raie(s.): 

There are no costs attributable to either the proposed or existing rules. 

Is 1%24e IM.- El ;a 1 .&- 4116- W El #unds; 

: . . _ There is no Federal mandate for these rules. However, these rules incorpqrata part of 

the State Irriplemeritation Plan which has-59-en appraved by 'the US Envimnmentai 

Protection-Agency pursuant to the Federal Clean Air Act, 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 If the existing rule 

were allowed to expire, affected sources would still be required to' comply with the federal 

rule-that incoraorates It at 4Q GFR 52.1520. . 

A. To State general or State special funds: 

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-A 2702 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

" Weight tRate Effi6friAm Standaf 

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-tbf eagl} 

Readopt with amendments and renumber. Env-A 2704.01 - Env-A 2706.01, effective 1-18-97 (Document 

#6428-B), as Env-A 2703.01- Env-A 2705.01 to read as follows: 

PART Env-A 27-A4 2703 EMISSION STANDARDS 

foR AoT MlX qspgk-r R-4nrrs 

L-d r?' 

Env-A 24$4 2703 .01 Particulate Matter Emission Standards 

,Cnr l^107 -" 

IN-P The owner or operator of a hot mi.x asphalt plant shall not cause or allow the emission of particulate matter a-t-afrom the 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 Emission Standards 

~~ Npfi ly( 1)( Asoh a l-~ 

(a) The owner or operator of a hot mix asphalt plant shall not cause or allow Vvisible 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. " 

p 4 Sf~N 4 LT ~Lf}b~1TS " 1X PART Env-A 2704~ FUGITIVE EMISSION CONTROL SYSTEM 

FDR NnT 

Env-A 2704-5.01 Fugitive Emission Control System Required. 

(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 system that 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 of a hot mix asphalt plant shall control -Eemissions of dust from stockpiling 

. 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: 

REQURZEAffi 
APPENDIX 

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) RSA 125-C :4,I(a) 25- 

~'tGl!". 

/ ~7 
Section 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 V sources from the 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 and for 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 RSA 485 :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 and to administer such, oaths and to take such testimony as he may 

deem necessary. 

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 ne I -r') 
Section 125-C:6 Powers and Duties of the Commissioner. Page 1 of 2 

TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

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 program and 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 and towns 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 . 6 oil and the remainder 

complying with the used fuel oil specifications in 40 CFR, 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 RS A 21-0:11 on the policies and plans for the 

control and prevention of air 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. a violation 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 system under 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 of the commissioner, violate any provision of any land 

use plan established by the New Hampshire state implementation plan; 

XV. Implementing a program of 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 and to 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 RSA 485 :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 .