### M



# H 

# ~~ DES The State of New Hampshire

DEPARTMENT OFENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

July 23, 2013



### H. Curtis Spalding, Regional Administrator U.S. Environmental Protection Agency, Region I 5 Post Office Square, Suite 100 Boston, MA 02109-3912 Re: State Implementation Plan Revision Submittal for Env-A 2700— Hot Mix Asphalt Plants Dear Administrator Spalding: Pursuant to section 110 of the federal Clean Air Act as amended, the state of New Hampshire hereby submits for approval the subject proposed State Implementation Plan (SIP) revision 

### and one exact electronic copy thereof on a disk (enclosed). As Governor Maggie Hassan' s designee, I am requesting EPA' s approval of this revision, which consists of the additions and amendments to administrative rule Env-A 2700, Hot Mix Asphalt Plants. Env-A 2700 establishes standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. On August 31, 2000 and January 28, 2005, Department of Envdonmental Services (DES) submitted earlier versions of Env-A 2700 as SIP revisions. With the exception of Env-A 2703.02(a) as submitted on January 28, 2005, DES is hereby withdrawing those submittals, as the current submittal contains the version of the rule that took effect on February 16, 2013, superseding the earlier versions. This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFR 

### Part 51, Appendix V. The following administrative materials are included for your review:

Evidence of the rule's adoption Evidence of legal authority A copy of the rule Evidence that all the State's legal requirements were followed in adopting the rule 

### and submitting the SIP revision Evidence that the public notice was given in accordance with EPA procedures Certification that, if requested, the public hearing was held in accordance with the public notice A compilation of public comments and the State's responses thereto

DES Web site: www.des.nh.gov P.O. 

### Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964Mr. H. Curtis Spalding, Regional Administrator Page 2

SIP Revision Submittal July 23, 2013



### One of the requirements of Appendix V is that the documentation include the date of adoption, as well as the effective date, of the rule. In accordance with RSA 541-A: 14, an agency may adopt a rule after all procedures have been completed. DES adopts a rule on the day its Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director of the Office of Legislative Services (OLS). The rule takes effect the day after it is filed unless a different date is requested in the letter. The attachments hereto contain a letter from the DES Commissioner to the Director of the OLS, documenting the adoption of the rule, as well as written documentation from the OLS as to the filing and effective dates of the rule. Technical support materials are not included for any of the changes, since it is not anticipated that the enclosed rules will affect previous demonstrations regarding attainment of the national ambient air quality standards. Should you have any questions regarding this submittal, please contact Karla McManus, Planning and Rules Manager, at karla.mcmanusdes.nh.gov or (603) 271-6854, or Barbara L. Hoffman, SIP Planning Manager, at barbara.hoffmandes.nh.gov or (603) 271-7874. Thank you for your assistance.
Sincerely,

Craig A. Wright Acting Director Air Resources Division

Enclosures cc: Dave Conroy, EPA Anne Arnold, EPA Alison Simcox, EPA

## EVIDENCE OF THE RULE'S ADOPTION
40 

## CFR Part 51, Appendix V, 2.1(b)STATE OF NEW HAMPSHIRE

JILL K. SIEVEKING

. . DIRECTOR' 

## FEB 20 2013

OFFICE OF LEGISLATIVE SERVICES 

## LEGAL UNIT

STATE HOUSE 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHiRE 03301-4951 February 19, 2013

Received from Commissioner, Department of Environmental Services the following certified rule(s) filed with the Director of Legislative Services, in accordance with RSA 541 -A, the Administrative Procedures Act.

Document # #10272
Relative to: Env-A 2700 - Hot Mix Asphalt Plants.
Number of Pages: 2 Adopted Date: 2-15-13 FilingDate: 2-15-13 Effective Date: 2-16-13 Expiration Date: 02/16/2023
Notes: N/A In all communications with this office concerning the above rule(s), please cite the appropriate document number, as indicated above.

Jill K. Sieveking, Director Office of Legislative Services

TDD Access: Relay NH 1-800-735-2964 DIRECTOR (603) 271-3432 RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

## EVIDENCE OF LEGAL AUTHORITY 40 CFR Part 51, Appendix V, 2.1(c) Laws of New Hampshire, RSA 

## 125-C:4 Rulemaking Authority; Subpoena Power

# TITLE X

PUBLIC HEALTH
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: 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. Primary and secondary ambient air quality standards. Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9. The establishment and operation of a statewide permit system, as authorized by RSA 125-0:6, XIV, RSA 125-0:11, I and RSA 125-C:1 1, I-a. Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:1 1, as authorized by RSA 125-0:11, II. (1) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-0:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C: ii, I. The forms and information required on applications for temporary and permanent permits required under RSA 125-0:11, as authorized by R.SA 125-C:12, I. Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-0:12. II. Fees for permit application and review, as authorized by RSA 125-C: 12, IV-d.• 

# U) Procedures for permit application review, as authorized by RSA 125-C:1 1, 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) Proce4ures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-0:15,1. Procedures for granting variances, as authorized by RSA 125-0:16. The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c. Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-0:10-b, VII(f). The duration of time during which no additional best available control technology determination is required as provided in RSA 125-0:10-b, IV and VI. Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125- C:l0-b.

### (r) Standards and testing requirements for biomass and eligible biomass fuel as

authorized by RSA 125-C:6, XIV-a. 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. I-b. In adopting rules under subparagraph 1(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2. V-c. 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.
Source. 1979, 359:2. 1986, 202:8, 1996, 228:19, 104; 278:2,3. 2001, 293:5. 2003, 137:3. 2004, 175:2, eff. May 27, 2004, 2005, 173:3, eff. June 29, 2005. 2008, 113:3, eff. Aug. 2, 2008.2010, 183:6,eff. June 21, 2010.

### COPY OF THE ACTUAL RULE 

## 40 CFR Part 51, Appendix V, 2.1(d)

### The State of New Hampshire



## _ Department of Environmental Services fNHDES Thomas S. 

### Burack, Commissioner

CELEBRA11NG -' Celebrating 25 Years 

### of Protecting

• • r New Hampshire's Environment 

# C I



### March 18, 2013 Jill K. Sieveking, Director Office of Legislative Services do 

### Division of Administrative Rules 25 Capitol Street State House Annex, Room 219 Concord, New Hampshire 03301-6312
Re: Certification of Env-A 2700 Reference Document #10272 Dear Director Sieveking:
Pursuant to RSA 541-A:15, 1-a, I hereby certify that the enclosed rules are the same in substance as the rules originally filed with the Office of Legislative Services, Division of Administrative Rules. I further certify that the enclosed rules, as edited for format by the Division of Administrative Rules, is the official version of these rules which this agency is required to publish in an 8 V2 

### x 11 inch loose-leaf format as part of the New Hampshire Code of Administrative Rules, under Chapter 5 of the New Hampshire Drqfling and Procedure Manual for Administrative Rules and RSA 541-A:15, I.
Sincerely,

Thomas S. Burack Commissioner
Enclosure

cc: Gretchen Hamel, DES Legal Unit DES Public Information Center

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD
www.des.nh.gov

29 Hazen Drive • P0 Box 95 • Concord, NH 03302-0095 (603) 271-3503 • TDD Access: Relay NH 1-800-735-2964

### STANDARD PUBLIC REQUEST FORM FOR REPLACEMENT PAGES

Chapter/Part: 

### Env-A 2700 These rules are published in loose-leaf form in order that they may be amended as frequently as necessary. If you wish to receive updated supplement pages, you must fill out this form and return it as indicated below. The agency may charge the actual cost of providing the copy pursuant to RSA 541-A: 11, VI and RSA 91 -A:4, IV and may require payment before the copy is sent. If you wish to receive updated pages in electronic format as a 

### substitute for the looseleaf, hard copy format, please check off the appropriate space below and complete. Please note that not all rules may be available in the electronic format requested.

Name: Phone #: 1 6



### Mailing Address: City/Town: State: Zip Code:
I want rules by: - Fax (Fax #, md. 

### area code:___________________________

- E-mail (E-mail address:________________________________
Mail - Other (Specify:
Send this page to: Department of Environmental Services

Legal Unit 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 For inquiries: 

### 603-271-6330 Fax: 603-271-8805 E-mail: Lega1(des.nh.gov TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in N.H.)NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

TABLE OF CONTENTS CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS PART Env-A 2701 PURPOSE AND APPLICABILITY Section Env-A 2701.01 Purpose Section Env-A 2701.02 Applicability PART Env-A 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Section Env-A 2702.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants Section Env-A 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants PART Env-A 2703 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT

PLANTS Section Env-A 2703.01 Fugitive Emission Control System Required PART Env-A 2704 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Section Env-A 2704.01 Fugitive Dust Control Within Plant Property

liv Env-ANEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2701 PURPOSE AND APPLICABILITY 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. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209); ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13 Env-A 2701.02 Ap p licabili1y. This chapter shall apply to each hot mix asphalt plant operated in New Hampshire. Source. #10272, eff 2-16-13 PART Env-A 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Env-A 2702.01 Particulate Matter Emission Standards for Ilot Mix Asphalt Plants. The owner or operator of a hot mix asphalt plant shall not cause or allow emissions 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. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209); ss by #8217, eff 11-24-04; ss by #10272, eff 2-16-13 (from Env-A 2703.01) Env-A 2702.02 Visible Emission Standards for I-lot Mix Asphalt Plants. 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. Opacity shall be determined in accordance with Env-A 807. Source. #10272, eff2-16-13 (from Env-A 2703.02) PART Env-A 2703 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS Env-A 2703.01 Fugitive Emission Control System Required. 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.

The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

Overflow chutes; Aggregate cold feed bins; Feeders; and

Env-A 2700NEW HAMPSIIIRE CODE OF ADMINISTRATIVE RULES

(4) Aggregate conveyors. Source. #6428-13, eff 1-18-97 (formerly Env-A 1209); ss by #82I7,eff 11-24-04; ss by #10272, eff 2-16-13 (from Env-A 2704.01) PART Env-A 2704 FUGITIVE DUST CONTROL WITI1IN THE PLANT PROPERTY Env-A 2704.01 Fugitive Dust Control Within Plant Propy. 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 using methods that include, but are not limited to, paving or wetting the roadway.

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, using methods that include, but are not limited to, wet suppression, windbreaks, enclosures, or soil stabilization. Source. #6428-13, eff 1-18-97 (formerly Env-A 1209); ss by#8217, eff 11-24-04; ss by 410272, eff 2-16-13 (formerly EnvA 2705.01)

Env-A 2700NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Appendix
Provision of the Rule Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement Env-A 2701 RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II Env-A 2703 RSA 125C:6, II Env-A 2704 RSA 125-C:6, II

Env-A 2700

## EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL PROCEDURAL REOUIREMENTS 40 CFR Part 51, Appendix V, 2.1(e)

### REQUEST FOR FISCAL IMPACT STATEMENT

### STATE OF NEW HAMPSHIRE

DATE November 1, 2012
FROM Thomas S. Burack

Commissioner AT (OFFICE) DES
SUBJECT Request for Fiscal Impact Statement
To Legislative Budget Assistant

In accordance with NH RSA 541-A:5, enclosed please find a Request for Fiscal Impact Statement and a copy of the corresponding administrative rules for the following: Env-A 2700: Hot Mix Asphalt Plants
Please fax the Fiscal Impact Statement to Gretchen Hamel at 271-8805.

If you have any questions, please contact Gretchen Hamel at 271-3137.

cc: Gretchen Hamel, Administrator, DES Legal Unit

ec: Karla McManus, ARD Planning and Rules Manager

### OFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FOR FISCAL IMPACT STATEMENT (FIS)
FIS Number Rule Number Env-A 2700 1. Agency Name & Address:
Department of Environmental Services 29 Hazen Drive P.O. Box. 95 Concord, NH 03302-0095 RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X Interim rule RSA 125-C:4, 1(a) N/A

5. Have the rules expired? Yes 

### E No Date Expired: Short Title: Hot Mix Asphalt Plants Contact Person: Name: Gretchen Hamel Title: Administrator, Legal Unit Address: Department of Environmental Services Phone #: 271-3137

29 Hazen Drive P.O. Box 95 Fax 271-8805 Concord, NH 03302-0095 (1) 

### Summarize the rule. The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012. Revisions are proposed to increase the clarity of the rules.
Is 

### the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that is instigating this rule. There are no costs associated with the proposed rules, because even if the existing rules expire the sources that are subject to the rules would still be required to comply with the federal rule that incorporates them at 40 CFR §52.1520. (The numbering for this rule has changed; it was first approved into the State Implementation Plan (SIP) as Env-A 1207. EPA is reviewing the more current versions of these rules, and DES will submit these rules, when readopted, as revisions to the SIP.) The rules are being adopted pursuant to RSA 125-C:4, 1(a) to implement RSA 125-C:6, II and X. 

### Compare the cost of the proposed rule with the cost of the existing rule, 

### if there is an existing rule. No changes to the substance of the rules are being proposed, so there is no difference between the costs of the proposed rules and the costs of the existing rules. 

### Describe the costs and benefits to the state general fund which would result from this rule. The proposed rules will not impose any costs on or provide any benefits to the state general fund.REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2



### Explain and cite the federal mandate for the proposed rule, if 

### there is such a mandate. How would the mandate affect state funds? There is no federal mandate for the proposed rules. However, the existing rule is part of the SIP, which has been approved by the U.S. Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C. §74 10 and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. 

### Describe the cost and benefits to any state special fund which would result. There will be no costs or benefits to any state special fund as a result of the proposed amendments. 

### Describe the costs and benefits to the political subdivisions of the state. The proposed rules will not impose. any costs on political subdivisions of the state. Readopting these rules will provide financial benefits to political subdivisions in the form of reduced health care costs and fewer employee days lost to illness when compared with what would be incurred if particulate emissions were not controlled. Political subdivisions also may realize a financial benefit from businesses remaining in or moving into the tax base because of the cleaner air. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. 

### Describe the costs and benefits to the citizens of the state. The proposed rules will not impose any costs on citizens of the state. Readopting these rules will provide financial benefits to citizens in the form of reduced health care costs over those that would be incurred if particulate emissions were not controlled. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. 

### Describe the costs and benefits to any independently owned business, including a description of the specflc reporting and recordkeeping requirements upon those employing fewer than 10 employees. The proposed rules will not impose any costs on any independently owned businesses. Readopting these rules will provide financial benefits to businesses in the form of fewer employee days lost to illnesses compared to what would be expected if particulate emissions were not controlled. Particulate matter or particle pollution, especially fine particles, contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including: premature death in people with heart or lung disease; nonfatal heart attacks; irregular heartbeat; aggravated asthma; decreased lung function; and increased respiratory symptoms, such as irritation of the airways, coughing, or difficulty breathing. The proposed rules will not change any existing reporting or recordkeeping requirements. There are no such requirements applying specifically to businesses employing fewer than 10 employees.Added text in bold italics Initial Proposal 10-9-12

Deleted text shown Gtruck through 

### Readopt with amendment Env-A 2700, eff 11-24-04 (doc. #8217), to read as follows: CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2701 PURPOSE 

### AND APPLICABILITY Env-A 2701.01 Purpose. Thepurpose of this chapter is to establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. PART Env A 2702 SCOPE Env-A 2702.01 2701.02 Scope Applicability. This chapter shall apply to any-each hot mix asphalt plant operated in the ctate New Hampshire,
PART Env-A 2703 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Env-A 2703 2702.01 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-emissions 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 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants. 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.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2701 2703 FUGITiVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS EnvA 2704 2703.01 Fugitive Emission Control System Required. 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.

The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

Overflow chutes; Aggregate cold feed bins; Feeders; and Aggregate conveyors.
PART Env-A 2705 2704 FUGITIVE DUST CONTROL WITHiN THE PLANT PROPERTY Env-A 2705 2704.01 Fugitive Dust Control Within Plant Property. (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 using methods shall 

### thatAdded text in bold italics Initial Proposal 10-9-12 2

Deleted text shown struck through include, but shall are not be-limited to, paving or wetting the roadway (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 using methods shall that include, but shall are not be-limited to, wet suppression, windbreaks, enclosures, or soil stabilization.

APPENDIx Rule Section(s) State Statute(s) Implemented Env-A 2701 RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II Env-A 2703 RSA 125-C:6, II Env-A 2704 RSA 125-C:6, II

### FISCAL IMPACT STATEMENTNH OFC LEG BDGT ASST Fax 602-271-1097 Nov 02012 12:00pm P002/002

LBAO FIS 12:176 11/08/12
Fiscal Impact Statement for Department of Environmental Services rules governing Hot Mix Asphalt Pnts. [Env-A 27001 Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules.



### Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 I..LS.C. § 7410) and is required by the Federal Clean Air Act to meet the National Ambient Ar Quality Standards.
Cost and benefits of the proposed rule(s)
To State general or State special funds: None. To State citizens and political subdivisions: None. To independently owned businesses: None.

### RULEMAKING NOTICE FILING

### STATE OF NEW HAMPSHIRE

DATE November 9, 2012 FROM Thomas S. Burack

Commissioner AT (OFFICE) DES
SUBJECT Rulemaking Notice
TO Office of Legislative Services

Division of Administrative Rules

Please accept for filing the enclosed Rulemaking Notice for the following rules: Env-A 2700: Hot Mix Asphalt Plants

Questions from OLS regarding the Rulemaking Notice should be directed to Gretchen Hamel at 271-3137. Questions from the public regarding the proposed rules, public hearing, or public comment period should be directed to Karla McManus at 

### 271-6854.

Enclosures

cc: Gretchen Hamel, DES Legal Unit Administrator

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager ARD Distribution listRULEMAKING NOTICE

Notice Number 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Rule Number RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Readoption Env-A 2700 RSA 125-C:4, 1(a) N/A

Readoption w/amendment X Short Title: Hot Mix Asphalt Plants (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A: 14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules.
6. (b) Brief description of the groups affected: The rules affect owners and operators of certain hot mix asphalt plants that emit particulate matter, visible, and fugitive emissions. 6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Rule Section(s) State Statute(s) Implemented Env-A 2701 RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II Env-A 2703 RSA 125-C:6, II Env-A 2704 RSA 125-C:6, II Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax#: (603)271-1381 Concord, NH 03302-0095 E-mail: Karla.McManusdes.nh.gov The rules also can be viewed in PDF at TTY/TDD Access: Relay NFl 1- http://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15,2013 by close of business at 4:00 pm. Fax SE-mail [IlOther format (specify'): Public hearing scheduled for: Date and Time: Friday, January 4, 2013 at 10:00 am. Place: Room 112, DES Offices, 29 Hazen Drive, Concord NilRULEMAKING NOTICE - Page 2

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS #12:176, dated 11/08/12: Comparison of the co ts of the propo ed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Cost and benefits of the proposed rule(s): To State general or State special funds: None. To State citizens and political subdivisions: None. To independently owned businesses: None. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: None of the facilities affected by these rules is owned by a political subdivision. 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 in such a way as to necessitate local expenditures.

### RULEMAKING REGISTER-

I

' 7i



### Fax (603) 271-7871 NEW HAMPSHIRE



# RULEMAKING REGISTER
OFFICE OF LEGISLATIVE SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6312

Tel. (603)271-3680 TDD 

### Access: Website: www.gencourt.state.nh.us/rules/Index.html Relay NH 1-800-735-2964



### 1. VOLUME XXXII, 

### Number 46, November 15, 2012

TABLE OF CONTENTS 

### OFFICE OF LEGISLATIVE SERVICES List of Notices of Proposed Rules NN 2012-157 through NN 2012-168 Notices of Proposed Rules 

### Paae No.

-1-

NOTE: POSSIBLE RULE EXTENSION 

### If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules, will nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective.
2. COMMITTEE (JLCAR)

REGULAR MEETING: Thursday, November 15, 

### 2012 9:00 a.m. Rooms 305/307, Legislative Office Building CONTINUED MEETING; Thursday, December 6, 

### 2012 9:00 a.m. Rooms 305/307, Legislative Office Building



### THANKSGIVING HOLIDAYS Publication of November 21, 2012 RulemakIng Register 

### Thursday, November 22 and Friday, November 23 are state holidays. The Register that week will be published on Wednesday, November 21. Deadline for 

### November 29, 2012 Rulemaking Register 

### The deadline for filing rulemaking notices to be published in the November 29 Register will be the end of work day Wednesday, November 21.

### NEW HAMPSHIRE RULEMAKING REGISTER



### Notices of Proposed Rules Notice Number Rule Number Agency and Short Title of Rule 2012-1 57 He-W 606.78(a) Department of Health and Human Services

intro and (a)(6) Former Division of Human Services Acceptable Verification of the Equity Value of Life thsurance for All Categories of Financial and Medical Assistance. 2012-158 Fis 607.02, 608.03, Fish and Game Department

& 1102.01 Miscellaneous Rules: Clarification to Scallop Dredge Ring Size, Shellfish Report, and Special Wildlife Permit. 2012-159 Nur300 Board of Nursing Licensing Requirements.
2012-160 Nur400 Board of Nursing Continued Status,
2012-161 Nur 700 Board of Nursing Nursing Assistants.
2012-162 Nur 800 Board of Nursing Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program.
2012-163 Env-A 2100 Department of Environmental Services Air Related Programs Particulate Matter and Visible Emissions Standards,
2012-164 Env-A 2400 Department of Environmental Services Air Related Programs Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations.
2012-165 Env-A 2700 Department of Environmental Services Air Related Programs Hot Mix Asphalt Plants.
2012-166 0cc 211.03 Governing Board of Occupational Therapists Pre-Hearing Disclosure of Witnesses and Exhibits.
2012-167 0cc 302.02 & 302.04 Governing Board of Occupational Therapists Required Documents.
2012-168 Occ501.01 & 502.02 Governing Board of Occupational Therapists Definition of AOTA and Ethical Standards, Page No.

3

5

8

11

13

15

17

19

21

23

25

### NEW HAMPSHIRE RULEMAKING REGISTER November 15, 2012 

### Page 19

Notice Number 20 12-165 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. BOx 95 Concord, NH 03302-0095 Rule Number RSA Authority: Federal Authority: Type of Action: Adoption Amendment Repeal Env-A 2700 RSA 125-C:4, 1(a) N/A

Readoption Readoption w/amendment X Short Title: Hot Mix Asphalt Plants (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules. 6. (b) Brief description of the groups affected: The rules affect owners and operators of certain hot mix asphalt plants that emit particulate matter, visible, and fugitive emissions. 6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Contact person for copies, and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603)271-6854

29 Hazen Drive; P.O. Box 95 Fax#: (603) 271-1381 Concord, NH 03 302-0095 E-mail: Karla.McManus@des.nh.gov The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1- http://des.nh.gov/organization/commissioner/legal/fltlemakifla/ifldex.htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15,2013 by close of business at 4:00 pm. Fax SE-mail DOther format (specify): Public hearing scheduled for: Date and Time: Friday, January 4, 2013 at 10:00 am. Place: Room 112, DES Offices, 29 Hazen Drive, Concord NH

### NEW HAMPSHIRE RULEMAKING REGISTER November 15,2012 Page 20

NN 2012-165 Continued 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS #12:176 , dated 11/08/12: Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds. The existing rule is part of the state implementation plan which has been approved by the US Environmental Protection Agency pursuant to Section 110 of the Clean Air Act (42 U.S.C. § 7410) and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Cost and benefits of the proposed rule(s): To State general or State special funds: None. To State citizens and political subdivisions: None. To Independently owned businesses: None. 

### 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: None of the facilities affected by these rules is owned by a political subdivision. 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 in such a way as to necessitate local expenditures.

### ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES

# NOV 08 2012

RULEMAKING NOTICE



### Notice Number 2012-165 Rule Number Env-A 2700 1. Agency Name & Address: NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

5. 

### Short Title: Hot Mix Asphalt Plants RSA Authority: RSA 125-C:4, 1(a) Federal Authority: N/A Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment
6. (a) Summary of what the rule says and of any proposed amendments: The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. The rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A: 14-a, I, the existing rules will continue in effect for the duration of 

### this readoption proceeding. Revisions are proposed to increase the clarity of the rules. 6. (b) Brief description of the groups affected: The rules affect owners and-operators of certain hot mix asphalt plants that emit particulate matter, visible, and fugitive emissions. 6. (c) Specific section(s) of state statute or fedeiäl statute or regulation which the rule is intended to implement:

Env-A 2701

- 

### RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II 

### Env-A 2703 RSA 125-06, II Env-A 2704 RSA 125-C:6, II Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Karla McManus Title: Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Fax#: (603) 271-1381 Concord, NH 03302-0095 E-mail: Karla.McManus@des.nh.gov - The rules also can be viewed in PDF at TTY/TDD Access: Relay NH 1- hltp://des.nh.gov/oraanization/commissionerllegal/rulemakinglindex.htm 800-735-2964 or dial 711 (in NH) Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Tuesday, January 15,2013hy-close of business at 4:00 pm. 

### Fax E-mail EOther format (specify): - - - Public hearing scheduled for: Date and Time: Friday, January 

### 4, 2013 at 

### 10:00 am. Place: Room 

### 112, DES Offices, 29 Hazen Drive, Concord NH

### FiNAL PROPOSAL FILiNG

### STATE OF NEW 

### HASrnRE

DATE 

### January 

### 25, 2013

FROM 

### Thomas S. Burack

Commissioner AT (OFFICE) 

### DES

SUBJECT 

### Final Proposal #2012-165

TO 

### Office of Legislative Services

Division of Administrative Rules

In accordance with RSA 541-A:12, enclosed please find the Final Proposal Cover Sheet with attachments, including the corresponding rules, for the following: Env-A 2700: Hot Mix Asphalt Plants
If you have any questions, please contact Gretchen Hamel at 271-3137.

Enclosures cc: Gretchen Hamel, Administrator, DES Legal Unit ec: Karla McManus, ARD Planning and Rules ManagerCOVER SHEET FOR FINAL PROPOSAL

Notice Number 20 12-165 Rule Number Env-A 2700 1. Agency Name & Address: 2. RSA Authority: RSA 125-C:4, 1(a) 3. Federal Authority: n/a NH Department of Environmental Services 4. Type of Action: 29 Hazen Drive 

## E Adoption P.O. Box 95 

## 0 Amendment Concord, NH 03302-0095 Repeal Readoption Readoption w/amendment
Short Title: Hot Mix Asphalt Plants Contact person for copies and questions: Name: Karla McManus Title: ARD Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603) 271-6854

29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095 Yes 

## E No 

## Z Agency requests Committee legal counsel review and delayed Committee review pursuant to RSA 541-A:12, I-a The rulemaking notice appeared in the Rulemaking Register on November 15, 2012. Yes 

## E N/A 

## Z Agency notified policy committees, or House Speaker and Senate President, pursuant to RSA 541-A: 10, I, because this is the first time this rule or its amendments have been proposed to implement newly-enacted state authority.

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

AND 2 COPIES OF THE FOLLOWING: (and numbered correspondingly) The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541 -A:3 -a, II as an appendix. Yes N/A 

## Z Incorporation by Reference Statement(s) because this rule incorporates a document or

Internet content by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A: 12, III. Yes 

## 0 N/A 

## 0 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, 11(e). Yes 

## 0 N/A 

## Z 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.

### 010 FP2012-165 Fixed Text 01-25-13



### Readopt with amendment Env-A 2700, eff 11-24-04 (doc. #8217), to read as follows CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2701 PURPOSE AND APPLICABILITY 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. Env-A 2701.02 Applicability. This chapter shall apply to each hot mix asphalt plant operated in New Hampshire.
PART Env-A 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Env-A 2702.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. The owner or operator of a hot mix asphalt plant shall not cause or allow emissions 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 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants. 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.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2703 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS Env-A 2703.01 Fugitive Emission Control System Required. 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.

The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

Overflow chutes; Aggregate cold feed bins; Feeders; and Aggregate conveyors.
PART Env-A 2704 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Env-A 2704.01 Fugitive Dust Control Within Plant Property. (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 using methods that include, but are not limited to, paving or wetting the roadway.

### FP2012-165 Fixed Text 01-25-13 2

(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, using methods that include, but are not limited to, wet suppression, windbreaks, enclosures, or soil stabilization.

APPENDIX

Rule Section(s) State Statute(s) Implemented 

### Env-A 2701 RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II Env-A 2703 RSA 125-C:6, II Env-A 2704 RSA 125-C:6, II

### ANNOTATIONS TO THE F[NAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICES

# 5 1 ,v 

# va

IAN 2 5 Z3 V; 

# r

COVER SHEET FOR FIIAL PROPOSAL Notice Number 2012-165 Rule Number Env-A 2700 1. Agency Name & Address:
NH Department 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 125-04, 1(a) Federal Authority: n/a Type of Action: 

### D Adoption 

### D Amendment 

### U Repeal Readoption Readoption w/amendment

Name: Karla McManus Title: ARD Planning and Rules Manager Address: NH Dept. of Environmental Services Phone #: (603)271-6854

29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095 Yes 

### U No 

## 0 Agency requests Committee legal counsel review and delayed Committee review pursuant to RSA54I-A:12,I-a The rulemaking notice appeared in the Rulemaking Register on November 15, 2012. Yes N/A 

## Z Agency notified policy committees, or House Speaker and Senate President, pursuant to RSA 541-A: 10, I, because this is the first time this rule or its amendments have been proposed to implement newly-enacted state authority.

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER ShEET

AND 2 COPIES OF THE FOLLOWING: (and numbered correspondingly) The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an appendix. Yes N/A 

## Z Incorporation by Reference Statement(s) because this rule incorporates a document or

Internet content by reference for which an Incorporation by Reference Statement is required pursuant to RSA 541-A: 12, III. Yes 

### El N/A 

## 0 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, 11(e), Yes 

### U N/A 

## Z 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,

### RULEMAKING NOTICE - Page 2

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS #12:176 , dated 11/08/12: Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Cite the Federal mandate. Identify the impact on state. funds: No federal mandate no impact on state funds TM existing rule is part of the state implementation plan which has been approved by the US Envircinmen tair , Protedon Agency pursuant to Section 110 of theClean Air Act (42 U S C 7410) and is required by the Federal Clean Air Act to meet the National Ambient Air Quality Standards. Cost and benefits of the proposed rule(s): To State general or State special funds: None. To State citIzens and political subdivisIons: None. To independently owned businesses: None. 

### 11 Statement Relative to Part I, Article 28-a of the N.H. Constitution: None of the facilities affected by these rules is 

### owned by a political subdivision 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 in such a way as to necessitate local 

### expenditures.FP2012-165 FixedText 01-25-13 1

Readopt with amendment Env-A 2700, eff. 11-24-04 (doc. #8217), to read àsfçllQws: 

## t:c CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS 

## * S

Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2701 PURPOSE AND APPLICABILITY 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. Env-A 2701.02 Applicability. This chapter shall apply to each hot mix asphalt plant operated in New Hampshire. PART Env-A 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Env-A 2702.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. The owner or operator of a hot mix asphalt plant shall not cause or allow emissions 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 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants. 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.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2703 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS Env-A 2703.01 Fugitive Emission Control System Required. 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 poitit other than the stack outlet.

The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

Overflow chutes; Aggregate cold feed bins; Feeders; and Aggregate conveyors.
PART Env-A 2704 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Env-A 2704.01 Fugitive Dust Control Within Plant Property. (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 using methods that include, but are not limited to, paving or wetting the roadway.FP2012-165 Fixed Text 01-25-13 2
(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 con veyors, and stockpiles, using methods that include, but are not limited to, wet suppression, windbreaks, enclosures, or soil stabilization.

APPENDrX

Rule Section(s) State Statate(s) 

### Implemented Env-A2701 RSA125C6 II Env-A 2702 RSA 125-C 6, II Env-A 2703 RSA 125-06, II Env-A 2704 RSA 125-C:6, II

### APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULESSTATE OF NEW HAMPSHIRE
JLLLKSIEVEKING DIRECTOR

OFFICE OF LEGISLATIVE SERVICES

STATE HOUSE 107 NORTH MAIN STREET, ROOM 109 CONCORD, NEW HAMPSHIRE 03301-4951 

## FEB 192013 

# LEGAL UNIT

February 15, 2013

NOTICE NO. 

### 2012-165
RULE # Env-A 2700
RELATIVE TO: 

### Hot Mix Asphalt Plants

The Joint Legislative Committee on Administrative Rules has reviewed the Final Proposal on the above cited rule at its meeting on FEBRUARY 15, 

### 2013 The Committee voted to approve the proposal. You may proceed to adopt the rules in the proposal and file them with the Office of Legislative Services, Administrative Rules. If the effective life of any existing, regular rules in your proposal were extended during the rulemaking proceeding pursuant to RSA 541-A: 

### 14-a, then all the rules in the proposal must be adopted within 30 days 

### of Committee approval. The rules also must be filed with an effective date not more than 60 days 

### from the date of filing. See Section 1.11 of Chapter 3 in the N.H. Drafting and Procedure Manual for Administrative Rules (Manual). When filing the final rules, you are also required to file a cover letter indicating the date of final adoption and certifying the final rules are a true copy. See Section 2.21 of Chapter 3 in the Manual. The rules will become effective either at (1) 12:01 a.m. on the day after the filing, (2) 12:0 1 a.m. on the date specified in the cover letter to me when the rule is filed, or (3) such other date and time as specified in the cover letter, provided that the filing occurs before such effective date and time. Please send two (2) copies of the adopted rules. Sincerely yours,

Jill K. Sieveking, Director Office of Legislative Services

TDD Access: Relay NH 1-800-735-2964 DIRECTOR (603) 271-3432 RESEARCH (603) 271-3326 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 ADMINISTRATIVE RULES (603) 271-3680

### ADOPTED RULE

### The State of New Hampshire



# Department of Environmental Services

Thomas S. Burack, Commissioner Celebrating 25 Years of Protecting New Hampshire's Environment

February 15, 2013 Jill K. Sieveking, Acting Director do 

### OLS, Division of Administrative Rules State House Annex, Room 219 Concord, NH 03301 Re: Adoption of Final Rules, FP #2012-165 Dear Director Sieveking: Please be advised that I, as Commissioner of the Department of Environmental Services, have adopted the following rules: Env-A 2700: Hot Mix Asphalt Plant Rules The Joint Legislative Committee on Administrative Rules approved these rules at its meeting on February 15, 

### 2013. A copy of the adopted rules is being filed electronically, concurrent with the e-filing of this adoption letter. The original, signed adoption letter is being sent separately by messenger mail for your records. I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby certify that the enclosed are true copies of the rules I have adopted.

Sincerely,

Thomas S. Burack Commissioner Enclosure cc: Gretchen Hamel, DES Legal Unit Public Information and Permitting Office ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau Karla McManus, DES ARD Planning and Rules Manager
www.des.nh.gov 29 Hazen Drive • P0 Box 95 . Concord, NH 03302-0095 (603) 271-3503 TDD Access: Relay NH 1-800-735-29642012-165 Adopted to be effective 02-16-13



### As of February 16, 2013, Env-A 2700 reads as follows: CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4, 1(a) PART Env-A 2701 PURPOSE AND APPLICABILITY 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. Env-A 2701.02 Applicability. This chapter shall apply to each hot mix asphalt plant operated in New Hampshire.
PART Env-A 2702 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS Env.-A 2702.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. The owner or operator of a hot mix asphalt plant shall not cause or allow emissions 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 2702.02 Visible Emission Standards for Hot Mix Asphalt Plants. 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.

Opacity shall be determined in accordance with Env-A 807.
PART Env-A 2703 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS Env-A 2703.01 Fugitive Emission Control System Required. 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.

The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive emission control system:

Overflow chutes; Aggregate cold feed bins; Feeders; and Aggregate conveyors.
PART Env-A 2704 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Env-A 2704.01 Fugitive Dust Control Within Plant Property. (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 using methods that include, but are not limited to, paving or wetting the roadway.2012-165 Adoptedtobe effective 02-16-13 2

(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, using methods that include, but are not limited to, wet suppression, windbreaks, enclosures, or soil stabilization.

APPENDIX

Rule Section(s) State Statute(s) Implemented Env-A 2701 RSA 125-C:6, II Env-A 2702 RSA 125-C:6, II Env-A 2703 RSA 125-C:6, II Env-A 2704 RSA 125-C:6, II

## EVIDENCE OF PUBLIC NOTICE 40 CFR Part 51, Appendix V, 2.1(f)

### STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES

AIR RESOURCES DIVISION CONCORD, NH
NOTICE OF PUBLIC HEARING In accordance with RSA 541-A:6 and N.H. Admin, Rule Env-A 204.0 1(b) and 40 CFR § 51.102, notice is hereby given that the New Hampshire Department of Environmental Services, Air Resources Division (the Department), will hold a public hearing on proposed amendments to the NH Code of Administrative Rules and the State Implementation Plan on Friday, January 4, 2013. The public hearing will be held in Room 112, first floor of the offices of the Department, 29 Hazen Drive, Concord, NH.
At 10:00 a.m. on Friday, January 4, 2013, the Department will receive testimony from the public concerning the proposed readoption with amendments of three rules, Env-A 2100-Particulate Matter and Visible Emissions Standards; Env-A 2400 - Ferrous and NonFerrous Foundries, Smelters, and Investment Casting Operations; Env-A 2700 Hot Mix Asphalt Plants. The existing rules, Env-A 2100, establish standards for particulate matter and visible emissions for those stationary sources or devices that are not specifically regulated pursuant to any other chapter, part, or section of this subtitle. The existing rules, Env-A 2400, establish emission standards for particulate matter and visible emissions from ferrous and non-ferrous foundries, smelters, and investment casting operations. There are seven foundries in New Hampshire, the emissions from which could be harmful or irritating to the public if not controlled by this chapter. The existing rules, Env-A 2700, establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants. All three of these rules are proposed to be readopted because they are scheduled to expire on November 24, 2012; pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect for the duration of this readoption proceeding. Revisions are proposed to increase the clarity of the rules. Testimony may be presented orally and/or in writing at the public hearing. The Department will receive written comments on the proposed rules until 4:00 p.m. on Tuesday, January 15, 2013. Please submit written comments to Karla McManus, Planning and Rules Manager, Air Resources Division, NH Department of Environmental Services, P.O. Box 95, Concord, NH 03302-0095, Fax (603) 271-7053 or e-mail at Karla.McManus2ides.nh.gov

. Copies of all documentation pertaining to rulemakings for all air rules are available for inspection at the offices of the Department at the addrçss stated above. The proposed rule is also posted at http://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm . Questions regarding the proposed rulemakings should be directed to Karla McManus at 

### (603) 271-6854.
Thomas S. Burack

### Commissioner NH. Department of Environmental Services Dated: November 16, 2012

## Iv-i\ Z-tc 2L-jZ,-V 

## UNION LEADER CORPORATION

P0 BOX 9513 MANCHESTER, NH 03108 RECEIVED NEW HAMPSHIRE 

# DEC 032012
AR RESOURCES OIVSIOM
0000059625 STATE OF NH AIR RESOURCES COMM VALERIE DAVID P0 BOX 95 CONCORD NH 03302-0095



### I hereby certify that the legal notice: (0000325410) PUB. HEARING- 1/4/13 10AM was published in the New Hampshire Union Leader printed at Manchester, NH by the Union Leader Corp. On: 11/21/2012.

State of New Hampshire Hillsborough County Subscribed and sworn to before me this
day of

Notary Public

## CERTIFICATION OF PUBLIC HEARING 40 CFR Part 51, Appendix V, 2.1(g)

### M



## H 

# ~~ DES The State of New Hampshire

DEPARTMENT OF ENVIRONMENTAL SERVICES 

### Thomas S. Burack, Commissioner

July 18, 2013

I Hereby Certify: That, in accordance with the provisions of NH RSA 541-A:11 

### and section 110(a) of the Clean Air Act, as amended, public notice was given specifying that a public hearing regarding the proposed readoption with amendments of Env-A 2700 of the 

## NH Code of Administrative Rules was to be held on January 4, 2013 at 9 10:00 a.m. in room 112 of the offices of the New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH. The notice was published at least 30 days prior to the date of such hearing in a newspaper of general circulation. The notice stated that copies of documentation regarding the proposed readoption with amendments of Env-A 2700 of the NH Code of Administrative Rules could be examined at the Department's offices or at: http://des.nh.gov/organizationlcommissioner/legal/rulemaking/index.htm. That the public hearing was held on January 4, 2013 at 10:00 a.m. in room 112 of the offices of the New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, Concord, NH, in accordance with the public notice. Since no members of the public attended the hearing, the presentation of the proposed rule and recordation of the presentation were determined to be unnecessary. Therefore, the hearing was closed at 10:12 a.m., 

### and a memo stating the circumstances was added to the file. That the above statements are true to the best of my knowledge and belief.

Craig

. 

### Wright " 

### Acting Director Air Resources Division

DES Web site: www.des.nh.gov P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 • Fax: (603) 271-1381 • TDD Access: Relay NH 1-800-735-2964

## COMPILATION OF PUBLIC COMMENTS AND NEW HAMPSHIRE'S RESPONSE THERETO 40 CFR Part 51, Appendix V, 2.1(h)

### The State of New Hampshire 

# MH

~~ 

# DES DEPARTMENT OF ENVIRONMENTAL SERVICES
Thomas S. Burack, Commissioner



### FP 2012-165, Env-A 2700 

### Hot Mix Asphalt Plant Summary of Comments on Initial Proposal with DES Responses. July 23, 2013 DES received written comments on the Initial Proposal from the U.S. Environmental Protection Agency (EPA). EPA recommended DES withdraw prior Env-A 2700 submittals with on exception. EPA approved one provision, Env-A 2703.02(a), from the January 28, 2005 submittal on August 22, 2012. DES agrees and will withdraw prior rules as recommended by EPA.

DES Web site: www.des.nh.gov

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