### STATE QF NEw I3AlYIPSHIRE

FROM Michael P . Nolin Commissioner DATE October 29, 2004 AT (OFFICE) DES 

### SUBJECT Final Proposal #2004-123 To Office of Legislative Services

Division of Administrative Rules

In accordance with RSA541-A:12, enclosed please find the Final Proposal Cover Sheet and copies of the corresponding rule for the following rules: Env-A 2700: HOT MIXASPHALT PLANTS Ifyou have any questions, please contact Barbara Hoffman at 271-7874 or Gretchen Hamel at 271-3137 . Enclosures cc: Barbara Hofflnan, Planning Manager, DES Stationary Source Management Bureau Gretchen R

. Hamel, Administrator, DES Legal UnitCOVER SHEET FOR FINAL PROPOSAL

Notice Number 2004-123 Rule Number --- Env-A 2700 1 . Agency Name &

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

5. Short Title: HOT MIX ASPHALT PLANTS 

### 6 . Contact person for copies and questions: 2. RSAAuthority: RSA 125-C:4,1(a) 3. Federal Authority: 4. Type ofAction: 0 Adopt 0 Amendment ® Repeal ® Readoption ® Readoption w/amendment

Name: Barbara Hoffman Title: SSMB Planning Manager Address : Dept . of Environmental Services Phone # : (603)271-7874 

### P .O . Box 95 Concord, NH 03302-0095

7. Yes [] No ® Agency requests Committee legal counsel review and delayed Committee reviewpursuant to RSA 541-A:12, I-a 8. The rulemaking notice appeared in the Rulemaking Register on August 6, 2004.



### SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SHEET

AND2 COPIES OF THE FOLLOWING : (and numbered correspondingly) 9. The "Final Proposal-Fixed Text," including the cross-reference table required by RSA 541-A:3-a, II as an appendix. 10. The full text of the RSA passage granting rulemalcing authority. 11 . Yes 0 N/A ® Incorporation by Reference Statement(s) because this rule incorporates a document by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A :12, III . 12 . Yes ®

N/A E1 The "Final Proposal-Annotated Text," indicating how the proposed rule was changed because the text ofthe rule changed fromthe Initial Proposal pursuant to RSA 541-A:12, II(e) . 13. . Yes ON/A ® The amended fiscal impact statement because the change to the text of the Initial Proposal affects the original fiscal impact. statement (FIS) pursuant to RSA 541-A :5, VI .Added language in bold italics; Final Proposal #2004-123 - Fixed Text 10-29-04 1

deleted language Amok thfeu 

### CHAPTEREnv-A 2700 HOT MIXASPHALT 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 operated in the state. Repeal Env-A 2703.01- Env-A 2703.02, effective 1-18-97 (Document #6428-B), as follows: TOORON A~ 11 , 1973

or- On hai-c° ~cTi', _-ri ~-

T"t .le 2703

Aggregate . D . .' .E' . ., .1"4° M

a# P'""e°" s W

eight Dafe _ WAtfflds T~9~£~ FP6m 

### 10,000 38~88

8 

## 300,000 400,000 500,000 and abeve 4-0 24

40 43, 4-7Added language in bold italics; Final Proposal #2004-123 - Fixed Text 10-29-04 2

deleted language snmek througl~

447-3-.

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 2703 EMISSION STANDARDS FORHOT MIXASPHALT PLANTS Env-A 2703.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. ~ The owner or operator of a hot mix asphalt plant shall not cause or allowthe emission of particulate matter from the hot mix asphalt plant to exceed 90milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot . Env-A 2703 .02 Visible Emission Standards for Hot Mix Asphalt Plants . (a) The owner or operator of a hot mix asphalt plant shall not cause or allow visible fugitive emissions or visible stack emissions to exceed an average of 20 percent opacity for any continuous 6-minute period. (b) Opacity shall be determined in accordance with Env-A 807. 

### PART Env-A 2704 FUGITIVE EMISSIONCONTROL SYSTEM FOR HOT MIXASPHALT PLANTS Env-A 2704.01 Fugitive Emission Control System Required. (a) The owner or operator of a hot mix asphalt plant shall not operate the plant unless it is equipped with a fugitive emission control systemthat is operated and maintained to prevent the emission of particulate matter fromany 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 2705 FUGITIVE DUST CONTROL WITHINTHE PLANT PROPERTY Env-A 2705.01 Fugitive Dust Control Within Plant Pronerty. (a) The owner or operator of a hot mix asphalt plant shall control the emission of dust caused by vehicular movement within the plant property boundaries . Fugitive dust control methods shall include, but shall not be limited to, paving or wetting the roadway.Added language in bold italics; Final Proposal #2004-123 - Fixed Text 10-29-04 3

deleted language stfuslcfiffeugl} (b) The owner or operator of a hot mix asphalt plant shall control emissions of dust fromancillary devices and sources, such as overflow chutes, aggregate cold feed bins, feeders, aggregate conveyors, and stockpiles. 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:

(d) Hours ofplarA eper-afiea-.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 RSA 125-C:4,I(a) ; RSA 125-C:6,II (formerly Env-A 2704 - 2706) Existing Env-A 2703, 2707-2709 (Repealed) RSA 125-C:4,I(a) ; RSA 125-C:6,II

# /Z) CHAPTER 125-C



# AIR POLLUTIONCONTROL

Section 125-C:4 125-C :4 Rulemaking Authority; Subpoena Power. -1 . 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 perrnit requirements of RSA 125-C

:il, 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, I . (h) Notification of and public hearing on permit applications, including exemptions fromthose requirements, as authorized by RSA 125-C:12, II . 

### (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 . (1) 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 . II . 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 deemnecessary.Added language in bold italics; Final Proposal #2004-123 - Annotated 10-29-04 1

deleted language str-usk l~eug 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 operated in the state. Repeal Env-A 2703.01- Env-A 2703.02, effective 1-18-97 (Document #6428-B), as follows:

T To OTC ON xrrB 1 1, r 1974

bof On J41fle 

### 1 !, 1973 .

Table 1

U. 4 ; . . l . .+e Matt D' .' ~~~Y

"z" WeightDate (Po unds °" LT ., , .l (P-wa"x"xasi3°cr- Hew4

0 

### 4-0 8 

### 4-6 40,00g 

### 2-9

0 

### 198 ;AA8 3-3 8 

### 3-7 399;A89 48 400,008 

### 4-3 500,000 and abeve 4-7Added language in bolditalics; Final Proposal #2004-123 - Annotated 10-29-04 2

deleted language st#ueh-thFettgk



### 1974,

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 2703 EMISSION STANDARDS FOR HOTMIX ASPHALT PLANTS Env-A 2703 .01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. The owner or operator of a hot mix asphalt plant shall not cause or allow the emission of particulate matter fromthe hot mix asphalt plant to exceed 90 milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot . Env-A 2703 .02 Visible Emission Standards for Hot Mix A sphalt Plants. (a) The owner or operator of a hot mix asphalt plant shall not cause or allow visible fugitive emissions or visible stack emissions to exceed an average of 20 percent opacity for any continuous 6-minute period. 

### (b) Opacityshall be determined in accordance with Env-A 807. PART Env-A 2704 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX

ASPHALT PLANTS Env-A 2704.01 Fugitive Emission Control System Required. 

### (a) The owner or operator of a hot mix asphalt plant shall not operate the plant unless it is equipped with a fugitive emission control systemthat is operated and maintained to prevent the emission of particulate matter fromany 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-A2705 FUGITIVE DUST CONTROL WITHINTHE PLANT PROPERTY Env-A 2705.01 Fugitive Dust Control Within Plant Proper~. (a) The owner or operator of a hot mix asphalt plant shall control the emission of dust caused by vehicular movement within the plant property boundaries. Fugitive dust control methods shall include, but shall not be limited to, paving or wetting the roadway.Added language in bold italics; Final Proposal #2004-123 - Annotated 10-29-04 3

deleted language s#uek-dweugh (b) The owner or operator of a hot mix asphalt plant shall control emissions of dust fromancillary devices and sources, such as overflow chutes, aggregate cold feed bins, feeders, aggregate conveyors, and stockpilesing. 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:

B

er- er-eding: