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 RSA 541-A:12, enclosed please find the Final Proposal Cover Sheet and 

copies of the corresponding rule for the following rules: 

Env-A 2700 : HOT MIX ASPHALT PLANTS 

If you 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 Unit 
COVER 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 . RSA Authority : RSA 125-C:4,1(a) 

3. Federal Authority: 

4. Type of Action: 

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 review pursuant 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 

AND 2 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 of the rule changed from the 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 

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 : 

TO OR ON A~ 11 , 1973 

or- On hai-c° ~cTi', _-ri ~- 

T"t.le 2703 

Aggregate . 

D. .'.E' . ., .1"4° Ma# 

P'""e°"s Weight Dafe _ 

WAtfflds T~9~£~ FP6m 

10,000 

38~88 

8 

300,000 

400,000 

500,000 and abeve 

4-0 

24 

40 

43, 

4-7 
Added 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 FOR HOT MIX 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 from the 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 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 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 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 2705 FUGITIVE DUST CONTROL WITHIN THE 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 stfuslcfiffeu gl} 

(b) The owner or operator of a hot mix asphalt plant shall control emissions of dust from ancillary 

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 of plarA 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 POLLUTION CONTROL 

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 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, I . 

(h) Notification of and public hearing on permit applications, including exemptions from those 

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 

deem necessary. 
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: 

To OTC ON xrrB 1r 1, T 1974 

bof On J41fle 1 !, 1973 . 

Table 1 

U.

4

; .. l . .+e Matt 

D' .'~~~Y"z" Weight Date 

(Pounds °" 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 4-7 
Added language in bold italics; 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 HOT MIX 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 from the 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 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 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 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 2705 FUGITIVE DUST CONTROL WITHIN THE 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 from ancillary 

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: