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. 

If you have any questions, please contact Barbara Hoffman at 271-7874 or 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 FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number Rule Number Env-A 2700 

1 . Agency Name & Address : 

Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

6. Short Title: 

Interim rule 

5 . Have the rules expired? 

Date Expired: 

2. RSA Authority: 

3 . Federal Authority : 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/amendment 

HOT MIX ASPHALT 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 of the 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 of scatterable 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other Env-A rules would be repealed.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? 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 attributable to the proposed rule because, even if the 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 of the 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 of the 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 of the 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 of the state. 

There are no costs to political subdivisions of the state as a result of the 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 of the state as a result of the proposed rule . 

(9) Describe the costs and benefits to any independently owned business, including a description of the 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 of the 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 MIX ASPHALT PLANTS 

Statutory Authority: RSA 125-C:4 

Readopt Env-A 2701.01, effective 1-18-97 (Document #6428-B), to read as follows: 

PART Env-A 2701 PURPOSE 

Env-A 2701 .01 P goose. The purpose of this chapter is -to establish standards for regulating visible emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants . 

Readopt with amendment Env-A 2702.01, effective 1-18-97 (Document #6428-B), to read as follows: 

PART Env-A 2702 SCOPE 

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: 

Tabble v 2'7-ro3T 

for- Het Mix "' Y "' 

Abbfegoe 

D,... e.... Weight Rate 

' 

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 

47 
Added 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 allow the emission of particulate matter a-t-a 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 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 20 percent 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 System Required. 

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 system that 

is operated and maintained to prevent the emission of particulate matter from any point other than the stack 

outlet. 

(b) The following sources and devices at a hot mix asphalt plant shall be exempt from the fugitive 

emission control system: 

(1) Overflow chutes ; 

(2) Aggregate cold feed bins; 

(3) Feeders; and 

(4) Aggregate conveyors. 

PART Env-A 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 of a hot mix asphalt plant shall control Bemissions of dust from stockpiling 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