MH~~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 1-800-735-2964 
Mr. 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 #: 

16 

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-A 
NEW 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 plicabili1y. 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 2700 
NEW 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 2700 
NEW 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 that 
Added 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 STATEMENT 
NH 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 list 
RULEMAKING 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 Nil 
RULEMAKING 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 Manager 
COVER 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 
51 ,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: 

CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS t:c * 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 RULES 
STATE 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 1-800-735-2964 
2012-165 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) 
MH~~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 

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