### STATE OF NEw HAIVTPSHTRE DATE June 22, 2004 FRom Michael P. No

Commissione 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 copies of the corresponding rule for the following administrative rule: 

### Env-A 2700

: HOT MIX ASPHALT PLANTS Please fax the Fiscal Impact Statement to Michael Sclafani at 271-8805. Ifyou have any questions, please contact Barbara Hoffmanat 271-7874or Gretchen Hamel at 271-3137.

cc: Barbara Hoffinan, Planning Manager, DES Stationary Source Management Bureau Gretchen R

. Hamel, Administrator, DES . Legal Unit. . 

### OFFICE OF LEGISLATIVE BUDGET ASSISTANT REQUEST FORFISCAL IMPACT STATEMENT (FIS) FIS Number Rule Number Env-A2700 1 . Agency Name &Address : Dept . of Environmental Services P .O . Box 95 

### Concord, NH 03302-0095

6 . Short Title: Interimrule 5. Have the rules expired? Date Expired: 

### 2 . RSAAuthority: 3. Federal Authority: 4. Type ofAction: Adoption Amendment Repeal Readoption Readoption w/amendment



### HOT MIXASPHALT PLANTS z z g 

### RSA 125-C

:4,I(a)

Yes El No®

7. Contact Person:

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

P.O . Box 95 Fax #: (603) 271-8805 Concord, NH 03302-0095 

### (e) Please provide the following information and attach additional 'sheets if necessary: (1) Summarize the rule. Env-A 2700 provides particulate matter, visible emission, and fugitive emission standards for hot mix asphalt plants. It will expire on January 18, 2005 unless readopted prior to that date. The proposed rule would repeal the particulate matter and visible emission standards applicable to plants constructed on or before June 11, 1973, and would expand the scope ofthe standards applicable to plants constructed after that date to all hot mix asphalt plants. All active hot mix asphalt plants in the state can meet the standards for plants constructed after June 11, 1973, so this change will have no effect on those constructed on or before June 11, 1973. In addition, rules addressing the transportation ofscatterable materials, document inspection, and requirements contained in other Env-A rules would be repealed. 

### (2) Is the cost associated with this rule mandated by the rule or by state statute? Ifthe 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 attributable to the proposed rule because, even ifthe existing rule were allowed to expire, ~ . affected sources would still be required to comply with the federal rule that incorporates it at 40 CFR 52.1520 . The rule is being adopted pursuant to RSA 125-C:4. .REQUEST FOR FISCAL IMPACT STATEMENT (FIS) - Page 2

(3) Compare the cost ofthe proposed rule with the cost of the existing rule, if there is an existing rule . The proposed rule will not result in any increase in costs over the existing rule. 

### (4) Describe the costs and benefits to the state general fund which would result from this rule. The proposed rule will not have any effect on the state general fund. (5) 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 rule. However, the existing rule is part ofthe State Implementation Plan (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. §7410 . The State would be in violation ofthe SIP, and so subject to federal sanctions, if it allowed Env-A 2700 to expire as scheduled on January 18, 2005. (6) Describe the cost and benefits to any state special fund which would result. The proposed rule will not have any effect on any state special fund. 

### (7) Describe the costs and benefits to the political subdivisions ofthe state. There are no costs to political subdivisions ofthe state as a result ofthe proposed rule. No political subdivisions own or operate hot mix asphalt plants subject to this rule. 

### (8) Describe the costs and benefits to the citizens of the state. There are no costs to the citizens ofthe state as a result ofthe proposed rule. (9) Describe the costs and benefits to any independently owned business, including a description ofthe specific reporting and recordkeeping requirements upon those employing fewer than 10 employees . There are no costs to any independently owned business in the state as a result ofthe proposed rule. There are no reporting or recordkeeping requirements in the proposed rule.Added language in bold italics; F Initial Proposal 6-22-04 1

deleted language s#rask4hFauo ., 

### CHAPTER Env-A 2700 HOT MIXASPHALT PLANTS

Statutory Authority: RSA 125-C :4 Readopt Env-A 2701 .01, effective 1-18-97 (Document #6428-B), to read as follows: PART Env-A2701 PURPOSE Env-A 2701 .01 P

go ose. The purpose of this chapter is -to establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions fromhot mix asphalt plants. Readopt with amendment Env-A 2702.01, effective 1-18-97 (Document #6428-B), to read as follows: PART Env-A 2702 SCOPE state. 

### Env-A 2702.01 Scone. This chapter shall apply to any hot mix asphalt plant tAilized operated in the Repeal Env-A 2703.01- Env-A 2703.02, effective 1-18-97 (Document #6428-B), as follows:

Table b v 2'7-ro3T 

### for- Het Mix "' Y "' Abbfegoe D, . . . e. . . . Weight R a te ' a. . u, . - ~ . . rs "~ 8 

## 20,000 30,008 8 ,008 8 3()0,000 480,008 

### 500,009 and above 4-0 46 2-2 29 -34 48 43 47Added language in bold italics; r Initial Proposal 6-22-04

deleted language stpa& dueu

1W3,

Readopt with amendments and renumber Env-A 2704.01 - Env-A 2706.01, effective 1-18-97 (Document #6428-B), as Env-A 2703 .01- Env-A 2705.01 to read as follows : 

### PART Env-A 2744 2703 EMISSION STANDARDS n rmzR Tr nNE 1!, 1974 Env-A 2704 2703.01 Particulate Matter Emission Standards Ne per-son The owner or operator of a hot mix asphalt plant shall not cause or allowthe emission of particulate matter a-t-afromthe hot mix asphalt plant to exceed 90 milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot . 

### Env-A 2784 2703 .02 Visible Emission Standards 4974 . (a) The owner or operator of a hot mix asphalt plant shall not cause. or .allow Vvisible fugitive 

### emissions or visible stack emissions an average of 20percent opacity for any continuous 6-minute perio in any 60 minute period. (b) Opacity shall be determined in accordance with Env-A 807 . PART Env-A 27043 FUGITIVE EMISSION CONTROL SYSTEM Env-A 27043.01 Fugitive Emission Control SystemRequired. to exceed

(a) Ne--per-sen The owner or operator of a hot mix asphalt plant shall not us° er -"ow^ '"'` ""°

operate the plant whieh is-not unless it is equipped with a fugitive emission control systemthat is operated and maintained to prevent the emission of particulate matter fromany point other than the stack outlet . (b) The following sources and devices at a hot mix asphalt plant shall be exempt fromthe fugitive emission control system : 

### (1) Overflow

chutes; (2) Aggregate cold feed bins; (3) Feeders; and (4) Aggregate conveyors. PART Env-A 27056 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY Env-A 27056

.01 Fugitive Dust Control Within Plant Property.Added language in bold italics; ~ Initial Proposal 6-22-04 3

deleted language s#uek-thFeigh (a) The owner or operator of a hot mix asphalt plant shall control Phe emission of dust caused b;, vehicular movement , , and within the hat aiic-espl~lt plant property boundaries 6haU be 6011#01~d~ Means allewable for- s Fugitive dust control methods shall include, but shall not be limited to, paving or wetting the roadway. (b) The owner or operator ofa hot mix asphalt plant shall control Bemissions of dust fromstockpiling shaN be een#oged~ Means -" -b'- fe .,aa Fugitive dust control methods shall include, but shall not be limited to, wet suppression, windbreaks, enclosures, or soil stabilization. 

### Repeal Env-A 2707 - Env-A 2709, effective 1-18-97 (Document #6428-B), as follows:

/. .\ Pates

. . .~ .l .e. . ~~aavu ~ 'E ' FE M ; , (d) ROWS ef p!OFA