FINAL PROPOSAL FILING 
COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2010-74 Rule Number Env-A 600- various sections and paragraphs 

I. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. RSA Authority: 

3. Federal Authority: 

4. Type of Action: 

~ Adopt 

[g) Amendment 

0 Repeal 

0 Readoption 

RSA 125-C:4, I (d)- (h) & (i) 

42 U.S.C. §766la.(d) 

~ Readoption w/amendment 

5. Short Title: Revisions to Statewide Air Permit System 

6. Contact person for copies and questions: 

Name: 

Address: 

Karla McManus 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: 

Phone#: 

ARD Planning and Rules Manager 

(603) 271-6854 

7. Yes 0 No ~ Agency requests Committee legal counsel review and delayed Committee review pursuant 

to RSA 541-A:l2, I-a 

8. The rulemaking notice appeared in the Rulemaking Register on July 2, 2010 

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

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9. The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority. 

II. Yes 0 N/A ~ Incorporation by Reference Statement(s) because this rule incorporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:12, III. 

12. Yes ~ NIA 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:I2, ll(e). 

13. Yes 0 N/ A ~ The amended fiscal impact statement because the change to the text of the Initial 

Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:5, 

VI. 
FP2010-74 FixedText 08-31-10 

Readopt with amendments Env-A 603.01, eff. 7-28-04 (doc. #8129), to read asfollows: 

Env-A 603.01 Permit Required. 

(a) No person shall cause or allow the construction or installation of a new or modified stationary 

source, area source, or device as specified in Env-A 607.01, which is required to hold a temporary permit in 

accordance with the provisions of this chapter, without having applied for and been issued a temporary permit. 

(b) No person shall cause or allow the operation of an existing stationary source, area source, or device 

as specified in Env-A 608.01, which is required to hold a state permit to operate in accordance with the 

provisions of this chapter, without having applied for and been issued a state permit to operate. 

(c) No person shall cause or allow the operation of a stationary source, area source, or device, which is 

required to hold a title V operating permit pursuant to Env-A 609.01 in accordance with the provisions of this 

chapter, without having applied for and been issued a title V operating permit. 

(d) The owner or operator of a nonmajor stationary source, area source, or device that is eligible to be 

installed and operated pursuant to a permit-by-notification as specified in Env-A 603.02(a) shall be exempt 

from any other permitting requirement in this chapter if a permit-by-notification is obtained as specified in 

Env-A 603.02(b). 

Adopt Env-A 603.02 to read as follows: 

Env-A 603.02 Permit-by-Notification. 

(a) A non-metallic mineral processing plant as defined in Env-A 2802.03 that is not a major source 

shall be eligible to be installed or operated pursuant to a permit-by-notification. 

(b) To install or operate a non-metallic mineral processing plant pursuant to a permit-hy-notification, 

the owner or operator shall comply with Env-A 2806. 

Readopt with amendments Env-A 605.03 and Env-A 605.04, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 605.03 Proof of Legal Authority. Where the applicant is not the legal owner of the source or device 

that is the subject of the application, a copy of the agency agreement authorizing the applicant to act on behalf of 

the owner for purposes of the application shall be filed as part of the application for a permit. 

Env-A 605.04 Certification of the Responsible Official. 

(a) An application form, report, or compliance certification filed with the department pursuant to this 

chapter shall contain a written statement certifying the truth, accuracy, and completeness of the document and 

shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the 

best of the responsible official's knowledge and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, ancl comp1ete. 

(b) Within 30 days of any change in the identity of the responsible official, the applicant, or the owner 

or operator, the owner or operator shall file with the department an ARD-1 form containing the information 

specified in Env-A 1703.0l(b)(l) through (b)(7) and the signed certification statement specified in Env-A 

1703.0l(c) . 

Amend Env-A 606.02(b), eff. 4-26-.03 (doc. #7879), cited and to read as follows: 

Env-A 606.02 Applicability. 

(b) An owner or operator of one of the following stationary sources, area sources, or devices shall be 

exempt from the requirement to perform an air pollution dispersion modeling impact analysis: 

(I) An emergency generator subject to Env-A 1211.11 or successor rule in Env-A 1300, where 
FP2010-74 FixedText 08-31-10 2 

the hours of operation are limited to 500 hours per year or less by an enforceable permit condition; 

(2) An emergency generator exempt from Env-A 1211.11 pursuant to Env-A 1211.01 (j) or 

successor rule in Env-A 1300; or 

(3) A non-metallic mineral processing plant equipped with dust suppression controls operated to 

prevent, abate, and control the emission of fugitive dust. 

Readopt with amendments Env-A 606.03, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 606.03 Responsibility for Conducting Air Pollution Dispersion Modeling Impact Analysis. 

Where the owner or operator is required to perform an air pollution dispersion modeling analysis according to 

this part, the owner or operator shall file with the department as part of the permit application one of the 

following: 

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Amend Env-A 607.01, eff 4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended 4-22-09 (doc. 

#9462), by amending Env-A 607.01 intra, (a) through (d), and (x), to read as follows: 

Env-A 607.01 Specific Applicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device shall obtain a temporary permit in accordance with the provisions of this chapter 

prior to the construction or installation of the source or device if the source or device is any of the following: 

(a) An external combustion device with a design gross heat input greater than or equal to 10,000,000 

Bntish thermal units (BTUs) per hour that combusts: 

( 1) Gaseous fuel, as defined in Env-A 1211.02(s) or successor rule in Env-A 1300; 

(2) Liquefied petroleum gas; 

(3) Distillate weight liquid fuel, including but not limited to #2 fuel oil or diesel fuel oil; or 

(4) Any combination of (1) through (3), above; 

(b) An external combustion device with a design gross heat input greater than or equal to 4,000,000 

BTUs per hour that combusts #4 fuel oil; 

(c) An external combustion device with a design gross heat input greater than or equal to 2,000,000 

BTUs per hour that combusts: 

(1) Solid fuel; 

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil; 

(3) Used oil as defined in Env-A 101.209; or 

(4) Any combination of (1) through (3), above; 

(d) One or more internal combustion devices at a source where: 

(1) Each device combusts liquid fuel oil and has a design gross heat input greater than 150,000 

BTUs per hour, and the combined total design gross heat input for all such devices is greater than 

or equal to 1,500,000 BTUs per hour; or 

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input 

greater than 1,500,000 BTUs per hour, and the combined total design gross heat input of all such 

devices is greater than or equal to 10,000,000 BTUs per hour; 
FP 2010-74 Fixed Text 08-31-10 3 

(x) A stationary source or device subject to the rules governing reasonably available control 

technology (RACT) as contained in:. 

(1) Env-A 1211 or successor rules in Env-A 1300, for NOx emissions; or 

(2) Env-A 1204 or successor rules in Env-A 1200, for VOC emissions, except for any source 

whose solvent metal cleaning operations have combined actual emissions of less than 5 tons of 

VOCs per year; 

Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.02 Timely Application. 

(a) For an initial temporary permit, an application shall be considered timely if it is filed with the 

department prior to the construction or installation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is filed 

with the department at least 90 days prior to the designated expiration date of the temporary permit. 

Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read as follows: 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a temporary 

permit shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) For a major source, all information specified in Env-A 1709; 

(d) For a major source of hazardous air pollutants subject to 112(g) of the Act, all information required 

pursuant to 40 CFR 63.43(e); 

(e) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(f) For a source subject to RSA 125-C:lO-b, the information required pursuant to Env-A 624; 

(g) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(h) For a source with air pollution control equipment as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.06 Application Deficiencies. 

(a) Any applicant who fails to file any relevant or required information or who has filed inconect 

information in an application for a temporary permit shall, upon becoming aware or being notified by the 

department of such failure or incorrect filing, file in writing with the department such supplementary facts or 

corrected information no later than 30 days after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the department requests 
FP 2010-74 Fixed Text 08-31-10 4 

additional information in order to evaluate or take final action on that application, the information shall be 

filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc. 117879), as amended eff 7-28-04 (doc. 118129), 

cited and to read as follows: 

Env-A 607.08 Permit Expiration. 

(a) The expiration date of each temporary permit shall be 18 months after the date of its issuance. 

(b) The temporary permit shall be in effect until the designated expiration date, unless revoked or 

suspended at an earlier date by the department pursuant to RSA 125-C: I 3. 

(c) Unless reissued in accordance with Env-A 607.09, a temporary permit shall expire on the 

expiration date listed on the temporary permit. 

(d) Except as provided in (e), below, the expiration of a temporary permit shall terminate the owner or 

operator's right to construct or operate a new or modified source or device pursuant to the permit. 

(e) For a source or device that has completed construction and demonstrated compliance through 

testing, if applicable, and for which a timely and complete application for a state permit to operate, title V 

operating permit, or an amendment thereto, has been filed with the department, the right to operate shall 

continue under the terms and conditions of the expired temporary permit pending the department's decision on 

the application. 

Readopt with amendments Env-A 607.10, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.10 Application Shield: Temporary Permits. 

(a) If an applicant files a timely application that has been deemed complete by the department for the 

reissuance of a temporary permit or the issuance of an initial state permit to operate, the failure to have a 

current and valid temporary permit shall not be considered a violation of RSA 125-C: 11, I or Env-A 607.01 

unless and until the department denies the requested reissuance and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, ill; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete, but requests additional information pursuant to 

Env-A 607.06(b), the protection granted in (a), above, shall cease to apply when the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 608.01 through Env-A 608.03, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.01 Specific Applicability. The owner or operator of any stationary source, area source, or 

device specified in Env-A 607.01 shall file a timely application for, and obtain, a state permit to operate in 

accordance with the provisions of this chapter. 

Env-A 608.02 Timely Application. 

(a) For a source or device that has been issued a temporary permit, completed construction, and 

demonstrated compliance through testing, an application for a state permit to operate shall be considered 

timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary 

permit. 

(b) For a source or device that has been issued a state permit to operate, an application for the renewal 
FP 2010-74 Fixed Text 08-31-10 5 

of such permit shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the current state permit to operate. 

Env-A 608.03 Application Procedures For State Permits to Operate, An application package for a state 

permit to operate shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(d) Proof of source ownership or pennissible use, as specified in Env-A 605.02; 

(e) For a source with air pollution control equipment, as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(f) If a plan is not required pumwnt to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 608.05 and Env-A 608.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, within 

60 days of receipt of an application filed by an applicant, the department shall notify the applicant that said 

application is deemed complete, or shall request that the applicant file information with the department in 

accordance with Env-A 608.06(a). 

Env-A 608.06 bpplication Deficiencies. 

(a) Any applicant who fails to file any required information or who has filed incorrect information in 

an application for a state permit to operate shall, upon becoming aware or being notified by the department of 

such failure or incorrect filing, file in writing with the department such supplementary facts or corrected 

information no later than 30 days after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the department requests 

information in order to evaluate or take final action on that application, the department shall request such 

information be filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 608.08, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.08 Permit Expiration. 

(a) The state permit to operate permit shall be in effect until the designated expiration date, unless 

sooner revoked or suspended by the department pursuant to RSA 125-C: 13. 

(b) The expiration of a state permit to operate shall terminate the right to operate under the permit 

unless a timely and complete renewal application has been filed with the department. 

(c) After a timely and complete application for renewal is filed with the department, the owner or 

operator may continue to operate under the terms and conditions of the expired state permit to operate until 

the department has taken final action on the renewal application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(1) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C: 12, Ill; or 
FP2010-74 FixedText 08-31-10 6 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments E11v-A 608.10, eff. 4-26-03 (doc.l/7879), to read as follows: 

Env-A 608.10 Permit Renewal. 

(a) The owner or operator shall file with the department an application for permit renewal at least 90 

clays prior to the designated expiration elate of the existing state permit to operate. 

(b) The owner or operator shall pay to the department any applicable fee as established in Env-A 700 

with the application for permit renewal. 

Readopt with amendments Env-A 608.12, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.12 Application Shield: State Permits to Operate. 

(a) If an applicant files a timely application for a state permit to operate which the department has 

deemed complete, the failure to have a current state permit to operate shall not be considered a violation of 

RSA 125-C: 11 ,I, or Env-A 608.01, unless and until the department denies the requested permit and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete but requests additional infmmation pursuant to 

Env-A 608.06(b), the protection granted in (a), above, shall cease to apply if the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 609.06 through Env-A 609.08, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.06 Application Procedures For Title V Operating Permits. 

(a) The owner or operator of any source or device required to obtain a title V operating permit 

pursuant to Env-A 609.01 shall file an application for such permit with the department. 

(b) The application shall include the following: 

(1) Complete application forms provided by the department as described in Env-A 1703 through 

Env-A 1708; 

(2) All information specified in Env-A 1709; 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(4) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(5) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(6) For a source with air pollution control equipment as defined in Env-A 101.17, au air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, 

and permits, as specified in Env-A 810.02. 
FP2010-74 FixedText 08-31-10 7 

(c) The owner or operator shall present the information required under this section in sufficient detail 

for the department to evaluate the subject source and the application to determine all applicable requirements. 

(d) Upon filing an application for a title V operating permit with the department, the applicant shall 

forward a copy of the items identified in (b)(l) and (b)(2), above, to the EPA. 

Env-A 609.07 Timely Application. 

(a) For an initial title V operating permit, an application shall be considered timely if it is filed with 

the department according to the following schedule: 

(1) Subject to (2), below, each source that becomes subject to the title V program after June 30, 

1995 shall file a title V operating permit application no later than 12 months after becoming 

subject to the title V program or commencing operation pursuant to a temporary permit; 

(2) Each major source required to meet the requirements of section 112(g) of the Act or to have a 

permit under the preconstruction review program approved as part of the New Hampshire SIP 

under parts CorD of title I of the Act, shall file a permit application to obtain a title V operating 

permit or title V operating permit revision within 12 months of commencing operation; and 

(3) Any source that becomes subject to the provisions of section 112U) of the Act shall file a title 

V operating permit application in accordance with the provisions of section 112U) and 40 CFR 

63.50 through 63.56. 

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is filed 

with the department at least 6 months prior to the designated expiration date of the current title V operating 

permit. 

Env-A 609.08 Application Shield: Title V Operating Permits. 

(a) If an applicant files a timely and complete application for the issuance or renewal of a title V 

operating permit, the failure to have a title V operating permit shall not be considered a violation of this part 

unless and until the department denies the requested permit and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to file in writing any 

information requested by the department pursuant to Env-A 609.12, by the deadline specified. 

Readopt with amendments Env-A 609.12, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.12 Application Deficiencies. 

(a) An applicant who fails to file any required information or who has filed incorrect information in 

any permit application shall, upon being notified by the department or otherwise becoming aware of such 

failure or incorrect filing, file in writing to the department such supplementary facts or corrected information 

no later than 30 days after such discovery or notification. 

(b) Prior to the date of release of the draft permit, an applicant shall provide supplemental information 

to the department as necessary to address any applicable requirements to which the source becomes subject 

after the date the application has been deemed complete. 

(c) Pursuant to 40 CFR 70.5, if the department determines that additional information is necessary in 

order to evaluate or to take final action on that application while processing an application that has been 
FP 2010-74 Fixed Text 08-31-10 8 

previously deemed complete, the department shall request that such information be filedin writing, and specify 

the date by which it shall be filed. 

Readopt with amendments Env-A 609.15, ~[f. 4-26-03 (doc. 117879), to read as follows: 

Env-A 609. I 5 Pennit Expiration. 

(a) A title V operating permit shall be in effect until the expiration date unless the department 

suspends the permit in accordance with the provisions ofRSA 125-C:13 and Env-A 609.19. 

(b) The expiration of a title V operating permit shall terminate the owner or operator's right to operate 

under the permit unless the owner or operator files a timely and complete renewal applicati011 with the 

department. 

(c) After a timely and complete renewal application is filed with the department, the owner or operator 

may continue to operate under the terms and conditions of the expired title V operating permit until the 

department has taken final action on the renewal of the application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(I) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA I 25-C: 12, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 609.18, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.18 Criteria for Permit Renewal. 

(a) The department shall determine permit conditions under which a title V operating permit shall be 

renewed based on: 

(I) All definitions and requirements of Env-A I 00 m; ~· and the Act; and 

(2) The owner or operator's compliance status with the conditions of the existing permit and all 

applicable requirements of Env-A 300 !j ~· and the Act. 

(b) The department shall take final action on a permit renewal of a title V operating permit by issuing a 

permit renewal only if: 

(I) The owner or operator has filed a timely and complete application for renewal with the 

department, which includes: 

a. All fees specified in Env-A 702 through Env-A 705, as applicable; 

b. Proof of source ownership or permissible use, as specified in Env-A 605.02; and 

c. Where air pollution dispersion modeling is required for a source or device pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; 

(2) The requirements for public participation specified in Env-A 622 have been satisfied; 

(3) The requirements for notifying and responding to affected states as specified in Env-A 

622.03, have been satisfied; 

(4) The conditions of the proposed title V operating permit provide for compliance with all 

requirements of Env-A 300 et seq. and the Act; and 
FP 2010-74 Fixed Text 08-31-10 9 

(5) The EPA has received a copy of the proposed title V operating permit and any notices 

required, and has not objected to the issuance of such permit within the time period specified in 40 

CFR 70.8(c), 

Readopt with amendments Env-A 610.03, eff 7-28-04 (doc. #8129), as amended eff. 4-3-08 (doc. #9119-B), to 

read as follows: 

Env-A 610.03 Definition. For the putpose of this part, the following definition shall apply: 

(a) "Emergency generator" means "emergency generator" as defined in Env-A 101. 

Readopt with amendments Env-A 610.04, eff. 7-28-04 (doc. #8129), to read as follows: 

Env-A 610.04 Source Categories for General State Permits. 

(a) Source categories shall be established by the department using the criteria in Env-A 61 0.05(b)(3). 

(b) An internal combustion engine used as an emergency generator that operates no more than 500 

hours per year during any consecutive 12-month period shall be a source category for a general state permit 

Readopt with amendments Env-A 610.05, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.05 Petitions to Establish Source Categories for General State Permits. 

(a) Any person may petition the department pursuant to RSA 541-A:4 to establish a new source 

category for a general state permit 

(b) The petition under (a), above, shall contain the following: 

(I) A statement that the petition is for the establishment of a source category for a general state 

permit; 

(2) The title and description of the source category being proposed; and 

(3) Information that shows that the proposed source category meets the following criteria: 

a. The stationmy source, area source, or devices that would be covered by the proposed 

source category meet the specific applicability requirements for a state permit to operate in 

accordance with the provisions of Env-A 608; 

b. More than one stationary source, area source, or device would be covered by the proposed 

source category; and ' 

c. The stationary sources, area sources, or devices that would be covered by the proposed 

source category are all subject to the same regulatory requirements. 

(c) Within I 0 days of the receipt by the department of the petition filed by the petitioner, the 

department shall notify the petitioner that the information is complete, or identify the information necessary to 

complete the petition and request that such information be filed within 30 days of such request. 

Readopt with amendments Env-A 610.08 and Env-A 610.09, eff 7-28-04 (doc. #8129), to read as follows: 

Env-A 610.08 Procedures for Registering to Operate Under a General State Permit 

(a) Once a general state permit has been developed for a particular source category, the owner or 

operator of a stationary source, area source, or device seeking to operate under the general state permit shall 

file a registration package as described in (b), below, with the department 
FP2010-74 FixedText 08-31-10 10 

(b) The registration package sha11 contain the fo1lowing: 

(I) The i11fonnation specified in Env-A 1710, as applicable; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02. 

Et1V-A 610.09 Department Review of Registration Package. 

(a) The department sha11revicw each registration package for a general state permit to ensure 

complete and accurate information is filed in accordance with Env-A 610.08. 

(b) If the department finds the registration package to be complete and accurate, within 15 days of 

receipt by the department of the registration package filed by the source, the department, pursuant to RSA 

125-C: I I and RSA 125-C:13, shall issue either: 

(1) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifica11y identifies the reason(s) for disapproval. 

(c) If the department finds the registration package to be incomplete, inaccurate, or unclear, within 15 

days of receipt by the department of the registration package filed by the source, the department sha11 issue 

either: 

(I) A letter requesting supplementary facts or corrected information in accordance with (d), 

below; or 

(2) A letter requesting clarification of the information submitted in accordance with (e), below. 

(d) An owner or operator who has filed a registration package in accordance with Env-A 610.08 and 

who fails to file any required information or who has filed incorrect information for a general state permit 

sha11, upon becoming aware of or being notified by the department of such failure or incorrect submittal, file 

with the department such supplementary facts or corrected information in writing no later than 30 days after 

the discovery or notification. 

(e) If the department requests clarification from the owner or operator of the information filed in 

accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of 

receipt of the request. 

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department's receipt 

of the registration package filed by the source, the department, in accordance with RSA 125-C: 11 and RSA 

125-C: 13, shall issue either: 

(I) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

Readopt with amendments Env-A 610.13 and Env-A 610.14, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.13 Expiration Date And General State Pe1mit Reestablishment.Procedures. 

(a) Each general state permit shall be: 

(I) Established for a period of 5 years; and 

(2) Reestablished in accordance with the procedures for the reestablishment of a general state 
FP2010-74 FixedText 08-31-10 11 

permit specified in Env-A 620. 

(b) The department shall notify each owner or operator of the outcome of the reestablishment process 

in writing. 

(c) If the general state permit is not reestablished, the owner or operator of a smrrce operating under an 

existing general state permit shall file an application with the department for a state permit to operate pursuant 

to Env-A 608 within 90 days of being notified by the department that the general state permit was not 

reestablished. 

(d) If the general state permit is reestablished, the owner or operator of a source operating under an 

existing general state permit shall file a request for with the department re-registration in accordance with 

Env-A 610.08, within 90 days after the department has reestablished the general state permit. 

(e) If a general state permit expires prior to the department reestablishing the general state permit, the 

department shall: 

(I) Extend the expiration date of the general state permit for a period of not more than one year; 

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the 

extension of the expiration date of the general state permit; and 

(3) Notify each owner or operator operating under the general state permit regarding the 

extension of the general state permit. . 

Env-A 610.14 Sources Choosing to Comply with the State Permits to Operate Program. At any time, an 

owner or operator of a stationary source, area source, or device operating under a general state permit may 

choose to comply instead with a state permit to operate by: 

(a) Filing an application in accordance with Env-A 608; and 

(b) Filing a written request with the department stating that the facility chooses to be covered under 

the state permit to operate program. 

Readopt with amendments Env-A 610.16, eff 4-26-03 (doc. #7879), to read as .follows: 

Env-A 610.16 Application Procedures For General Permits Under Title V. 

(a) The owner or operator of a source qualifying for a general permit shall file an application with the 

department for a general permit. 

(b) The application shall include: 

(I) Complete application forms as described in Env-A !703 through Env-A 1708, as applicable, 

and provided by the department; 

(2) All information specified in Env-A 1709, if applicable; 

(3) All additional information necessary to determine qualification for, and to ensure compliance 

with, the general permit; 

(4) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(5) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 
FP2010-74 FixeciTcxt 08-31-10 12 

Readopt with amendments Env-A 612.01, ~if 4-26-03 (doc. #7879), to read as follows: 

Env-A 612.0 I Administrative Permit Amendments. 

(a) The owner or operator may implement the changes addressed in the request for an administrative 

amendment immediately upon filing the request with the department. 

(b) The department shall take final action on a request for an administrative amendment within 60 clays 

of receipt by the department of a request filed pursuant to (a), above, and shal!, in the case of title V operating 

permits, submit a copy of the revised permit to EPA. 

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be 

required, provided that the department designates any such permit revisions as having been made pursuant to 

this section. 

Readopt with amendments Env-A 612.03 through Env-A 612.05, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator of a source or device shall file with the department a request for a minor 

permit amendment for any proposed change to an existing permit condition which will not result in an 

increase in the amount of a specific air pollutant currently emitted by the source or device and will not result 

in the emission of any regulated air pollutant or regulated toxic air pollutant currently not emitted by the 

source or device. 

(b) The request for a minor permit amendment shall: 

(!) Be in the form of a letter to the department; 

(2) Describe the proposed change; and 

(3) Describe any new requirements that will apply if the change occurs. 

(c) The department shall take final action on a request for a minor permit amendment within 90 clays 

of receipt of a request filed pursuant to (a) and (b), above. 

(d) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit amendment with the department. 

Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator shall file an application to the department for a significant permit 

amendment for any proposed change to the physical structure or operation of the source or device covered by 

the temporary permit or state permit to operate which increases the amount of a specific air pollutant currently 

emitted by such source or device or which results in the emission of any regulated air pollutant currently not 

emitted by such source or device or not covered by the permit for the source or device. 

(b) A request for a significant permit amendment shall include the following: 

(!) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable 

and provided by the department, containing all pertinent information with regard to the amendment 

including, if applicable, the information specified in Env-A 1709; 

(2) The fee(s) specified in Env-A 702 through Env~A 705, as applicable; 

(3) A description of: 

a. The proposed change; 

b. The emissions resulting from the change; and 
FP 2010-74 Fixed Text 08-31-10 13 

c. Any new requirements that will apply if the change occurs; and 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 

(c) The department shall take final action on a request for a significant permit amendment within 90 

days of receipt by the department of a request filed pursuant to (a) and (b), above, provided that the public 

notice and hearing procedures specified in Env-A 621 have been satisfied. 

(d) The owner or operator shall not implement the proposed change unless and until the department 

issues the amended permit. 

Env-A 612.05 Minor Modifications: Title V Operating Permits. 

(a) Prior to implementing a minor title V operating permit modification, the owner or operator shall 

file a written request to the department for a minor permit modification for those changes that qualify as minor 

penhit modifications under this section. 

(b) For a source or device that has been issued a temporary permit, an application for a minor permit 

modification shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the temporary permit. 

(c) The request for a minor permit modification shall include the following: 

(I) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the information specified in Env-A 1709; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(3) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

c. Any new requirements that will apply if the change occurs; 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(5) The owner or operator's proposed draft permit conditions; 

(6) Certification by a responsible official, consistent with the provisions ofEnv-A 605.04(b), that 

the proposed change meets the criteria for the use of the minor permit modification procedures; 

(7) A request that minor permit modification procedures be used; and 

(8) For use by the department in notifying EPA and affected states, 2 additional copies of the 

information required by (1), above. 

(d) Within 5 working days of the receipt by the department of a request filed pursuant to (a)-(c), above, 

for a minor permit modification to a title V operating permit, the department shall notify EPA and any 

affected statc(s) of the request. 

(e) The department shall not make a final decision on a requested permit modification to a title V 

operating permit until after EPA's 45-day review period or until EPA has notified the department that EPA 

will not object to the permit modification, whichever comes first. · 

(f) By the later of 90 days from receiving an application filed pursuant to (a) -(c), above, or 15 days 
FP 2010-74 Fixed Text 08-31-10 14 

after the end of EPA's 45-day review period, the department shall: 

(I) Issue the requested permit modification if it meets the requirements of this section; 

(2) Deny the requested permit modification if it does not meet the requirements of the section; 

(3) Determine that the requested modification does not qualify as a minor permit modification 

and review the request under the significant permit modification procedures in Env-A 612.06; or 

(4) Revise the draft permit to the extent that it does not meet the requirements of this section and 

send to EPA and to the applicant the new proposed permit modification. 

(g) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit modification with the department. 

(h) Pending final action on the permit modification by the department, the owner or operator shall 

comply with both the applicable requirements goveming the change and the proposed permit conditions. 

(i) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. 

Amend Env-A 612.06(c), (e) and (j), eff. 4-26-03 (doc. #7879), amended eff. 7-28-04 (doc. #8129), cited and to 

read as follows: 

Env-A 612.06 Significant Permit Modifications: Title V Operating Permits. 

(c) Prior to implementing a significant permit modification, the owner or operator shall file a written 

request with the department for a significant permit modification which includes the following: 

(!) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the supplemental information specified in Env-A 1709; 

(2) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

c. Any new applicable requirements that will apply if the change occurs; 

(3) The owner or operator's suggested draft permit conditions; 

(4) Certification by a responsible official, consistent with the provisions ofEnv-A 605.04(b), that 

the proposed change meets the criteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be used; 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; and 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(e) An application for a significant modification to a title V operating permit shall be deemed 

complete by the department within 60 days of its filing, unless the department requests additional information 

or otherwise notifies the applicant of incompleteness. 

(f) The department shall take final action on a request for significant permit modification no later than 

9 months after the filing of a complete application provided that: 

(I) The procedures for public participation specified in Env-A 622 have been satisfied; 
FP 2010-74 Fixed Text 08-31-10 15 

(2) The requirements for notifying and responding to affected states specified in Env-A 622.03 

have been satisfied; 

(3) The conditions of the permit provide for compliance with all applicable requirements of title 

V of the Act and all applicable requirements of Env-A 300 tl g;g.; and 

(4) The EPA has received a copy of the proposed permit and any notices required and has not 

objected to issuance of the significant permit modification within the time period specified in EnvA 609.13(b). 

Readopt with amendments PART Env-A 616, eff. 4-26-03 (doc. #7879), to read as follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 616.01 Determination of Actual Emissions. The owner or operator of a stationary source, area 

source, or device sha11 determine the actual annual emissions from the source or device as specified in Env-A 

705.02. 

Amend Env-A 617.01 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions ofEnv-A 603.0l(a) or (b), a temporary permit or a state permit to operate shall not be required 

for any research and development operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, area source, or device as a research and development operation, and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

(b) The owner of a new stationary source, area source, or device filed a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation, and has received 

a written determination from the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

Amend Env-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.02 Exception to Obtaining a Title V Operating Permit. Notwithstanding the provisions of 

Env-A 603.0 I (a) or (b), a title V operating petmit shall not be required for any research and development 

operation provided that all-of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, area source, or device as a research and development operation and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (g), 

below; 

(b) The owner of a new stationary source, area source, or device files a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation and receives a 

written determination from the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (g), 

below; 
FP2010-74 FixedText 08-31-10 16 

Amend Env-A 618.05 intra, (b), and (d), eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 618.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented in accordance with the following procedure: 

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall file with 

the department documentation verifying that the offset donor source(s) has obtained a federally enforceable 

permit, or other federally enforceable document, for the emissions reduction control measures pertaining to 

the offset(s) for which the new or modified source is seeking approval; 

(d) Documentation required pursuant to the provisions of this section shall be filed as pal't of the 

permit application, as required under Env-A 600; and 

Readopt with amendment Env-A 619.05, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 619.05 Department Review. 

(a) Within 30 days of receipt of an application, the department shall notify the applicant as to the 

completeness of the application or any deficiency in the application or information submitted. 

(b) In the event of a deficiency in an application, the date offiling of the application for purposes of 

(c), below, shall be the date on which the department receives all required information. 

(c) Within one year after the filing of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.210)- (p). 

Amend Env-A 620.05(d), eff. 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 620.05 Decisions. 

(d) In the event the department determines that additional information is necessary to make an 

informed decision, the department shall request such information and issue a decision in accordance with 

(a)(l) or (a)(2), above, within 15 days of receiving such information. 

Amend Env-A 621.07(a) and (b), eff. 7-28-04 (doc. 118129), cited and to read as follows: 

Env-A 621.07 Public Access to Information. 

(a) Ifthe applicant is not a municipality, the applicant shall file 2 copies of the permit application with 

the department. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 622.04(a) intra and (1), eff. 7-28-04 (doc. 118129), cited and to read as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(1) A copy of the permit application or, upon agreement with EPA, a summary thereof, unless the 

applicant has filed a copy of the permit application with EPA pursuant to Env-A 609 .06( d); 
FP 2010-74 Fixed Text 08-31-10 17 

Ainend Env-A 622.06{a) and (b), eff 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall file 2 

copies of the permit application with the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 624.03(c), eff. 6-8-06 (doc. 118654), cited and to read as follows: 

Env-A 624.03 Permit Application Required. 

(c) The owner or operator of a source subject to (b), above, shall file a timely application for and 

obtain a title V operating permit or amendment thereof in accordance with Env-A 609 or Env-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) State or Federal Statute I Federal Reculation Implemented 

Env-A 603.01 RSA 125-C: 11; RSA 125-!:5 

Env-A 603.02 RSA 125-C:6, XIV 

Env-A 605.03 RSA 125-C: 12, I 

Env-A 605.04 RSA 125-C:12, I; 42 U.S.C.§7661b(b) & (c); 40 CFR §70.6(d) 

Env-A 606.02(b); Env-A 606.03 RSA 125-C:ll, II & IV; RSA 125-I:5, V; 42 U.S.C. §7410'(a)(2)(K) 

Env-A 607.01 intra, (a)-( d), (x) RSA 125-C: II 

Env-A 607.02 RSA 125-C:ll 

Env-A 607.03 RSA 125-C:4, I(a) 

Env-A 607.06 RSA 125-C:I2, I 

Env-A 607.08 RSA 125-C:ll, II; RSA 125-C:13; 40 CFR §52.21(r)(2) 

Env-A 607.10 RSA 125-C: II 

Env-A 608.01 "Env-A 608.02 RSA 125-C: 11 

Env-A 608.03 RSA 125-C:12, I 

Env-A 608.05-Env-A 608.06 RSA 125-C:12, I 

Env-A 608.08 RSA 125-C:Il, Ill; RSA 125-C:13 

Env-A 608.10(a) RSA 125-C:12, I 

Env-A 608.10(b) RSA 125-C: 12, IV 

Env-A 608.12 RSA 125-C: II 

Env-A 609.06 RSA 125-C:l2, I;; 42 U.S.C. §7661a(b); 40 CFR §70.5 

Env-A 609.07 RSA 125-C:ll, I-a; 42 U.S.C. §7661b(c); 40 CFR §70.5(a)(l) 

Env-A 609.08(a) RSA 125-C:ll, !-a; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609 .08(b) RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.12 RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(b) 

Env-A 609.15 RSA 125-C:Il, !-a; 42 U.S.C. §7661b(d); 40 CFR §70.7(b) & (c) 

Env-A 609.18(a) RSA 125-C:II, !-a; 42 U.S.C. §7661a(b)(5)(C); 40 CFR §70.7(c) 

Env-A 609.18(b) RSA 125-C:12, II & IV; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(c) 
FP2010-74 FixedText 08-31-10 18 

Env-A 610.03 - Env-A 610.05, 

Env-A 610.08, Env-A 610.09, RSA 125-C:6, XIV; RSA 125-C:11, I & III 

Env-A 610.13 

Env-A 610.14; Env-A 610.16 RSA 125-C:6, XIV; RSA 125-C:11, I-a; 42 U.S.C. §7661e(d); 

40 CFR §70.6(d) 

Env-A 612.01 RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(d)(3) 

Env-A 612.03 RSA 125-C:6, XIV; RSA 125-C:12, l 

Env-A 612.04 RSA 125-C:11, I; RSA 125-C: 12, I 

Env-A 612.05 RSA 125-C:11, 1-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(c)(2) 

Env-A 612.06(e), (e), & (f) RSA 125-C:11, 1-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(4) 

Env-A 616.01 RSA 125-C: 12, I 

Env-A 617.01 intra, (a), & (b) RSA 125-C: 11, I 

Env-A 617.02 intra, (a), & (b) RSA 125-C: 11, 1-a; 42 U.S.C. §7661(2); 42 U.S.C. §7661a(a) 

Env-A 618.05 intra, (b), & (d) RSA 125-C:ll, IV; 42 U.S.C. §§7503(e) & 7511a(c)(10); 

40 CFR §51.165(a)(3) 

Env-A 619.05 RSA 125-C:4, J(j); 42 U.S.C.§7475(d); 40 CFR §51.166 

Env-A 620.05(d) RSA 125-C:12, II 

Env-A 621.07(a) & (b) RSA 125-C: 12, II 

Env-A 622.04(a) intra & (a)(l) RSA 125-C:12, II; 42 U.S.C. §7661d(a)(l); 40 CFR §70.8(a) 

Env-A 622.06(a) & (b) RSA 125-C:12, II; 42 U.S.C. §7661b(e); 40 CFR §70.7(h) 

Etw-A 624.03(c) RSA 125-C:4, !(a); RSA 125-C:JO-b, !(a) 
Added text in bold italics 

Deleted text struek through 

FP2010-74 Annotated 08-31-10 

Readopt with amendments Env-A 603.01, eff. 7-28-04 (doc. #8129), to read as follows: 

Env-A 603.01 PermitReguired. 

(a) No person shall cause or allow the construction or installation of a new or modified stationary 

source, area source, or device as specified in Env-A 607.01, which is required to hold a temporary permit in 

accordance with the provisions of this chapter, without having applied for and been issued a temporary permit. 

(b) No person shall cause or allow the operation of an existing stationary source, area source, or device 

as specified in Env-A 608.01, which is required to hold a state permit to operate in accordance with the 

provisions of this chapter, without having applied for and been issued a state permit to operate. 

(c) No person shall cause or allow the operation of a stationary source, area source, or device, which is 

required to hold a title V operating permit pursuant to Env-A 609.01 in accordance with the provisions of this 

chapter, without having applied for and been issued a title V operating permit. 

(d) EKeluding major sourees aRd synthetie minor sourees, a The owner or operator of a nonmajor 

stationary source, area source, or device that is eligible to be installed and operated pursuant to a permit-bynotification as specified in Env-A 603.02(a) may be installed or operated pursuant-to a permit by notifiec:tion 

and will shall be exempt from any other permitting requirement in this chapter if i-1-meet;;..the requiremems-ef 

a permit-by-notification is obtained as specified in Env-A 603.02(b). 

Adopt Env-A 603.02 to read as follows: 

Env-A 603.02 Permit-by-Notification. 

(a) A non-metallic mineral processing plant as defined in Env-A 2802.03 that is not a major source 

shall be eligible to be installed or operated pursuant to a permit-by-notification. 

(b) To install or operate a non-metallic mineral processing plant pursuant to a permit-by-notification, 

the owner or operator shall comply with Env-A 2806. 

Readopt with amendments Env-A 605.03 and Env-A 605.04, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 605.03 Proof of Legal Authority. Where the applicant is not the legal owner of the source or device 

that is the subject of the application, a copy of the agency agreement authorizing the applicant to act on behalf of 

the owner for purposes of the application shall be filed as part of the application for a permit. 

Env-A 605.04 Certification of the Responsible Official. 

(a) An application form, report, or compliance certification filed with the department pursuant to this 

chapter shall contain a written statement certifying the truth, accuracy, and completeness of the document and 

shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the 

best of the responsible official's knowledge and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete. 

(b) Within 30 days of any change in the identity of the responsible official, the applicant, or the owner 

or operator, the owner or operator shall file with the department an ARD-1 form containing the information 

specified in Env-A l703.0l(b)(l) through (b)(7) and the signed certification statement specified in Env-A 

1703.0l(c). 

Amend Env-A 606.02(b), eff. 4-26-03 (doc. #7879), cited and to read as follows: 

Env-A 606.02 Applicability. 

(b) An owner or operator of one of the following stationary sources, area sources, or devices shall be 

exempt from the requirement to perform an air pollution dispersion modeling impact analysis: 
Added text in bold italics 

Deleted text s!fllck throHgll 

FP 2010-74 Annotated 08-31-10 2 

(I) An emergency generator subject to Env-A 1211.11 or successor rule in Env-A 1300, where 

the hours of operation are limited to 500 hours per year or less by an enforceable permit condition; 

(2) An emergency generator exempt from En v-A 1211.11 pursuant to Env-A 1211.0 I U) or 

successor rule in Env-A 1300; or 

(3) A non-metallic mineral processing plant equipped with dust suppression controls operated to 

prevent, abate, and control the emission of fugitive dust. 

Readopt with amendments Env-A 606.03, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 606.03 Responsibility for Conducting Air Pollution DisQersion Modeling Impact Analysis. 

Where the owner or operator is required to perform an air pollution dispersion modeling analysis according to 

this part, the owner or operator shall file with the department as part of the permit application one of the 

following: 

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Amend Env-A 607.01, eff. 4-26-03 (doc.l/7879), as amended 7-28-04 (doc. #8129), as amended 4-22-09 (doc. 

119462), by amending Env-A 607.01 intra, {a) through (d), and (x), to read ctsfollows: 

Env-A 607.0 I Specific AQplicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device shall obtain a temporary permit in accordance with the provisions of this chapter 

prior to the construction or installation of the source or device if the source or device is any of the following: 

(a) An external combustion device with a design gro~.s heat input greater than or equal to 10,000,000 

British thermal units (BTUs) per hour that combusts: 

(I) Gaseous fuel, as defined in Env-A 1211.02(s) or successor rule in Env-A 1300; 

(2) Liquefied petroleum gas; 

(3) Distillate weight liquid fuel, including but not limited to #2 fuel oil or diesel fuel oil; or 

(4) Any combination of (1) through (3), above; 

(b) An external combustion device with a design gross heat input greater than or equal to 4,000,000 

BTUs per hour that combusts #4 fuel oil; 

(c) An external combustion device with a design gross heat input greater than or equal to 2,000,000 

BTUs per hour that combusts: 

(I) Solid fuel; 

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil; 

(3) Used oil as defined in Env-A 101.209; or 

(4) Any combination of (I) through (3), above; 

(d) One or more internal combustion devices at a source where: 

(I) Each device combusts liquid fuel oil and has a design gross heat input greater than 150,000 

BTUs per hour, and the combined total design gross heat input for all such devices is greater than 

or equal to 1,500,000 BTUs per hour; or 

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input 

greater than I ,500,000 BTUs per hour, and the combined total design gross heat input of all such 
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FP2010-74 Annotated 08-31-10 3 

devices is greater than or equal to 10,000,000 BTUs per hour; 

(x) A stationary source or device subject to the rules governing reasonably available control 

technology (RACT) as contained in: 

(I) Env-A ]2Q411 or successor rules in Env-A 1300, for NOx emissions; or 

(2) Env-A 1204 or successor rules in Env-A 1200, for VOC emissions, except for any source 

whose solvent metal cleaning operations have combined actual emissions of less than 5 tons of 

VOCs per year; 

Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.02 Timely Application. 

(a) For an initial temporary permit, an application shall be considered timely if it is filed with the 

department prior to the construction or insta1lation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is filed 

with the department at least 90 days prior to the designated expiration date of the temporary permit. 

Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read as follows: 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a teniporary 

permit shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) For a major source, all information specified in Env-A 1709; 

(d) For a major source of hazardous air pollutants subject to 112(g) of the Act, all information required 

pursuant to 40 CFR 63.43(e); 

(e) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(f) For a source subject to RSA 125-C: 1 0-b, the information required pursuant to Env-A 624; 

(g) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(h) For a source with air pollution control equipment as defined in Env-A 10 L 17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.06 Application Deficiencies. 

(a) Any applicant who fails to file any relevant or required information or who has filed incorrect 

information in an application for a temporary permit shall, upon becoming aware or being notified by the 

department of such failure or incorrect filing, file in writing with the department such supplementary facts or 

cotTected infonnation no later than 30 clays after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the department requests 
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FP2010-74 Annotated 08-31-10 4 

additional information in order to evaluate or take final action on that application, the information shall be 

filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc./17879), as amended ~ff. 7-28-04 (doc. 118129), 

cited and to read as follows: 

Env-A 607.08 Permit Expiration. 

(a) The expiration date of each temporary permit shall be 18 months after the date of its issuance. 

(b) The temporary permit shall be in effect until the designated expiration date, unless revoked or 

suspended at an earlier date by the department pursuant to RSA 125-C:13. 

(e) Unless reissued in accordance with Env-A 607.09, a temporary permit shall expire on the 

expiration date listed on the temporary permit. 

(d) Except as provided in (e), below, the expiration of a temporary permit shall terminate the owner or 

operator's right to construct or operate a new or modified source or device pursuant to the permit. 

(e) For a source or device that has completed construction and demonstrated compliance through 

testing, if applicable, and for which a timely and complete application for a state permit to operate, title V 

operating permit, or an amendment thereto, has been filed with the department, the right to operate shall 

continue under the terms and conditions of the expired temporary permit pending the department's decision on 

the application. 

Readopt with amendments Env-A 607.10, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607 .I 0 Application Shield: Temporary Permits. 

(a) If an applicant files a timely application that has been deemed complete by the department for the 

reissuance of a temporary permit or the issuance of an initial state permit to operate, the failure to have a 

cun-ent and valid temporary permit shall not be considered a violation of RSA 125-C: 11, I or Env-A 607.01 

unless and until the department denies the requested reissuance and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete, but requests additional information pursuant to 

Env-A 607.06(b), the protection granted in (a), above, shall cease to apply when the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 608.01 through Env-A 608.03, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.01 Specific Applicability. The owner or operator of any stationary source, area source, or 

device specified in Env-A 607.01 shall file a timely application for, and obtain, a state permit to operate in 

accordance with the provisions of this chapter. 

Env-A 608.02 Timely Application. 

(a) For a source or device that has been issued a temporary permit, completed construction, and 

demonstrated compliance through testing, an application for a state permit to operate shall be considered 

timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary 

permit. 

(b) For a source or device that has been issued a state permit to operate, an application for the renewal 
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FP 2010-74 Annotated 08-31-10 5 

of such permit shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the current state pennH to operate. 

Env-A 608.03 fillRlication Procedures For State Permits to Operate. An application package for a state 

permit to operate shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(d) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(e) For a source with air pollution control equipment, as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(f) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 608.05 and Env-A 608.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, within 

60 days of receipt of an application filed by an applicant, the department shall notify the applicant that said 

application is deemed complete, or shall request that the applicant file information with the department in 

accordance with Env-A 608.06(a). 

Env-A 608.06 Application Deficiencies. 

(a) Any applicant who fails to file any required information or who has filed incorrect information in 

an application for a state permit to operate shall, upon becoming aware or being notified by the department of 

such failure or incoJTect filing, file in writing with the department such supplementary facts or corrected 

information no later than 30 days after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the department requests 

information in order to evaluate or take final action on that application, the department shall request such 

information be filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 608.08, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.08 Permit Expiration. 

(a) The state permit to operate permit shall be in effect until the designated expiration date, unless 

sooner revoked or suspended by the department pursuant to RSA 125-C: 13. 

(b) The expiration of a state permit to operate shall terminate the right to operate under the permit 

unless a timely and complete renewal application has been filed with the department. 

(c) After a timely and complete application for renewal is filed with the department, the owner or 

operator may continue to operate under the terms and conditions of the expired state permit to operate until 

the department has taken final action on the renewal application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(1) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C: 12, III; or 
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FP2010-74 Annotated 08-31-10 6 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 608.10, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 608. I 0 Permit RenewaL 

(a) The owner or operator shall file with the department an application for permit renewal at least 90 

clays prior to the designated expiration date of the existing state permit to operate. 

(b) The owner or operator shall pay to the department any applicable fee as established in Env-A 700 

with the application for permit renewaL 

Readopt with amendments Env-A 608.12, ~ft. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608. I 2 Application Shield: State Permits to Operate. 

(a) If an applicant files a timely application for a state permit to operate which the department has 

deemed complete, the failure to have a current state permit to operate shall not be considered a violation of 

RSA 125-C: ll,I, or Env-A 608.01, unless and until the department denies the requested permit and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:l2, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete but requests additional information pursuant to 

Env-A 608.06(b), the protection granted in (a), above, shall cease to apply if the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 609.06 through Env-A 609.08, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.06 Application Procedures For Title V Operating Permits. 

(a) The owner or operator of any somce or device required to obtain a title V operating permit 

pursuant to Env-A 609.01 shall file an application for such permit with the department. 

(b) The application shall include the following: 

(!) Complete application forms provided by the department as described in Env-A 1703 through 

Env-A 1708; 

(2) All information specified in Env-A I 709; 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(4) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(5) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(6) For a source with air pollution control equipment as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, 

and permits, as specified in Env-A 810.02. 
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FP 2010-74 Annotated 08-31-10 7 

(c) The owner or operator shall present the information required under this section in sufficient detail 

for the department to evaluate the subject source and the application to determine all applicable requirements. 

(d) Upon filing an application for a title V operating permit with the department, the applicant shall 

forward a copy of the items identified in (b)(!) and (b)(2), above, to the EPA. 

Env-A 609.07 Timely Application. 

(a) For an initial title V operating permit, an application shall be considered timely if it is filed with 

the department according to the following schedule: 

(I) Subject to (2), below, each source that becomes subject to the title V program after June 30, 

1995 shall file a title V operating permit application no later than 12 months after becoming 

subject to the title V program or commencing operation pursuant to a temporary permit; 

(2) Each major source required to meet the requirements of section 112(g) of the Act or to have a 

permit under the preconstruction review program approved as part of the New Hampshire SIP 

under parts CorD of title I of the Act, shall file a permit application to obtain a title V operating 

permit or title V operating permit revision within 12 months of commencing operation; and 

(3) Any source that becomes subject to the provisions of section 112(j) of the Act shall file a title 

V operating permit application in accordance with the provisions of section 112(j) and 40 CFR 

63.50 through 63.56. 

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is filed 

with the department at least 6 months prior to the designated expiration date of the current title V operating 

permit. 

Env-A 609.08 Application Shield: Title V Operating Permits. 

(a) If an applicant files a timely and complete application for the issuance or renewal of a title V 

operating permit, the failure to have a title V operating permit shall not be considered a violation of this part 

unless and until the department denies the requested permit and: 

( 1) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to file in writing any 

information requested by the department pursuant to Env-A 609.12, by the deadline specified. 

Readopt with amendments Env-A 609.12, eff 4-26-03 (doc. 117879), to read as follows: 

Env-A 609.12 Application Deficiencies. 

(a) An applicant who fails to file any required information or who has filed incorrect information in 

any permit application shall, upon being notified by the department or otherwise becoming aware of such 

failure or incorrect filing, file in writing to the department such supplementary facts or corrected information 

no later than 30 days after such discovery or notification. 

(b) Prior to the date of release of the draft permit, an applicant shall provide supplemental information 

to the department as necessary to address any applicable requirements to which the source becomes subject 

after the date the application has been deemed complete. 

(c) Pursuant to 40 CFR 70.5, if the department determines that additional information is necessary in 

order to evaluate or to take final action on that application while processing an application that has been 
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FP 2010-74 Annotated 08-31-10 8 

previously deemed complete, the department shall request that such information be filedin writing, and specify 

the date by which it shall be filed. 

Readopt with amendments Env-A 609.15, eff 4-26-03 (doc. 117879), to read as follows: 

Env-A 609.15 Permit Expiration. 

(a) A title V operating permit shall be in effect until the expiration date unless the department 

suspends the permit in accordance with the provisions ofRSA 125-C:l3 and Env-A 609.19. 

(b) The expiration of a title V operating permit shall terminate the owner or operator's right to operate 

under the permit unless the owner or operator files a timely and complete renewal application with the 

department. 

(c) After a timely and complete renewal application is filed with the department, the owner or operator 

may continue to operate under the terms and conditions of the expired title V operating permit until the 

department has taken final action on the renewal of the application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(I) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C:I2, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 609.18, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.18 Criteria for Permit Renewal. 

(a) The department shall determine permit conditions under which a title V operating permit shall be 

renewed based on: 

(I) All definitions and requirements of Env-A I 00 tl ~- and the Act; and 

(2) The owner or operator's compliance status with the conditions of the existing permit and all 

applicable requirements of Env-A 300 tl ~- and the Act. 

(b) The department shall take final action on a permit renewal of a title V operating permit by issuing a 

permit renewal only if: 

(I) The owner or operator has filed a timely and complete application for renewal with the 

department, which includes: 

a. All fees specified in Env-A 702 through Env-A 705, as applicable; 

b. Proof of source ownership or permissible use, as specified in Env-A 605.02; and 

c. Where air pollution dispersion modeling is required for a source or device pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; 

(2) The requirements for public participation specified in Env-A 622 have been satisfied; 

(3) The requirements for notifying and responding to affected states as specified in Env-A 

622.03, have been satisfied; 

(4) The conditions of the proposed title V operating permit provide for compliance with all 

requirements of Env-A 300 et seq. and the Act; and 
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FP 2010-74 Annotated 08-31-10 9 

(5) The EPA has received a copy of the proposed title V operating permit and any notices 

required, and has not objected to the issuance of such permit within the time period specified in 40 

CFR 70.8(c). 

Readopt with amendments Env-A 610.03, eff. 7-28-04 (doc. #8129), as amended eff. 4-3-08 (doc. #91 19-B), to 

read as follows: 

Env-A 610.03 Definition. For the purpose of this part, the following definition shall apply: 

(a) "Emergency generator" means "emergency generator" as defined in Env-A 10 I. 

Readopt with amendments Env-A 610.04, eff. 7-28-04 (doc. #8129), to read as follows: 

Env-A 610.04 Source Categories for General State Permits. 

(a) Source categories shall be established by the department using the criteria in Env-A 610.05(b)(3). 

(b) An internal combustion engine used as an emergency generator that operates no more than 500 

h~nus per year during any consecutive 12-month period shall be a source category for a general state permit. 

Readopt with amendments Env-A 610.05, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.05 Petitions to Establish Source Categories for General State Permits. 

(a) Any person may petition the department pursuant to RSA 541-A:4 to establish a new source 

category for a general state permit. · 

(b) The petition under (a), above, shall contain the following: 

(1) A statement that the petition is for the establishment of a source category for a general state 

pennit; 

(2) The title and description of the source category being proposed; and 

(3) Information that shows that the proposed source category meets the following criteria: 

a. The stationary source, area source, or devices that would be covered by the proposed 

source category meet the specific applicability requirements for a state permit to operate in 

accordance with the provisions ofEnv-A 608; 

b. More than one stationary source, area source, or device would be covered by the proposed 

source category; and 

c. The stationary sources, area sources, or devices that would be covered by the proposed 

source category are all subject to the same regulatory requirements. 

(c) Within I 0 days of the receipt by the department of the petition filed by the petitioner, the 

department shall notify the petitioner that the information is complete, or identify the information necessary to 

complete the petition and request that such information be filed within 30 clays of such request. 

Readopt with amendments Env-A 610.08 and Env-A 610.09, eff. 7-28-04 (doc. #8129), to read as follows: 

Env-A 610.08 Procedures for Registering to Operate Under a General State Permit. 

(a) Once a general state permit has been developed for a particular source category, the owner or 

operator of a stationary source, area source, or device seeldng to operate under the general state permit shall 

file a registration package as described in (b), below, with the department. 
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(b) The registration package shall contain the following: 

FP2010-74 Annotated 08-31-10 10 

(!) The information specified in Env-A 1710, as applicable; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02. 

Env-A 610.09 Department Review of Registration Package. 

(a) The department shall review each registration package for a general state permit to ensure 

complete and accurate information is filed in accordance with Env-A 610.08. 

(b) If the department finds the registration package to be complete and accurate, within 15 days of 

receipt by the department of the registration package filed by the source, the department, pursuant to RSA 

125-C: 11 and RSA 125-C: 13, shall issue either: 

(!) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

(c) If the department finds the registration package to be incomplete, inaccurate, or unclear, within 15 

days of receipt by the department of the registration package filed by the source, the department shall issue 

either: 

(!) A letter requesting supplementary facts or corrected information in accordance with (d), 

below; or 

(2) A letter requesting clarification of the information submitted in accordance with (e), below. 

(d) An owner or operator who has filed a registration package in accordance with Env-A 610.08 and 

who fails to file any required information or who has filed incorrect information for a general state permit 

shall, upon becoming aware of or being notified by the department of such failure or incorrect submittal, file 

with the department such supplementary facts or corrected information in writing no later than 30 days after 

the discovery or notification. 

(e) If the department requests clarification from the owner or operator of the information filed in 

accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of 

receipt of the request. 

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department's receipt 

of the registration package filed by the source, the departtnent, in accordance with RSA 125-C: 11 and RSA 

125-C: 13, shall issue either: 

(1) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

Readopt with amendments Env-A 610.13 and Env-A 610.14, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.13 Expiration Date And General State Permit Reestablishment Procedures. 

(a) Each general state permit shall be: 

(!) Established for a period of 5 years; and 

(2) Reestablished in accordance with the procedures for the reestablishment of a general state 
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permit specified in Env-A 620. 

FP 2010-74 Annotated 08-31-10 II 

(b) The department shall notify each owner or operator of the outcome of the reestablishment process 

in writing. 

(c) If the general state permit is not reestablished, the owner or operator of a source operating under an 

existing general state permit shall file an application with the department for a state permit to operate pursuant 

to Env-A 608 within 90 days of being notified by the department that the general state permit was not 

reestablished. 

(d) If the general state permit is reestablished, the owner or operator of a source operating under an 

existing general state permit shall file a request for with the department re-registration in accordance with 

Env-A 610.08, within 90 days after the department has reestablished the general state permit. 

(e) If a general state permit expires prior to the department reestablishing the general state permit, the 

department shall: 

(1) Extend the expiration date of the general state permit for a period of not more than one year; 

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the 

extension of the expiration date of the general state permit; and 

(3) Notify each owner or operator operating under the general state permit regarding the 

extension of the general state permit. 

Env-A 610.14 Sources Choosing to Comply with the State Permits to Operate Program. At any time, an 

owner or operator of a stationary source, area source, or device operating under a general state permit may 

choose to comply instead with a state permit to operate by: 

(a) Filing an application in accordance with Env-A 608; and 

(b) Filing a written request with the department stating that the facility chooses to be covered under 

the state permit to operate program. 

Readopt with amendments Env-A 610.16, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.16 Application Procedures For General Permits Under Title V. 

(a) The owner or operator of a source qualifying for a general permit shall file an application with the 

department for a general permit. 

(b) The application shall include: 

(I) Complete application forms as described in Env-A 1703 through Env-A 1708, as applicable, 

and provided by the department; 

(2) All information specified in Env-A 1709, if applicable; 

(3) All additional information necessary to determine qualification for, and to ensure compliance 

with, the general permit; 

(4) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(5) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 
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FP 20 I 0-74 Annotated 08-31-1 0 

Readopt with amendmellts Env-A 612.01, eff. 4-26-03 (doc. 117879), to read as follows: 

Env-A 612.01 Administrative Permit Amendments. 

12 

(a) The owner or operator may implement the changes addressed in the request for an administrative 

amendment immediately upon filing the request with the department. 

(b) The department shall take final action on a request for an administrative amendment within 60 days 

of receipt by the department of a request filed pursuant to (a), above, and shall, in the case of title V operating 

permits, submit a copy of the revised permit to EPA. 

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be 

required, provided that the department designates any such permit revisions as having been made pursuant to 

this section. 

Readopt with amendments Env-A 612.03 through Env-A 612.05, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator of a source or device shall file with the department a request for a minor 

permit amendment for any proposed change to an existing permit condition which will not result in an 

increase in the amount of a specific air pollutant currently emitted by the source or device and will not result 

in the emission of any regulated air pollutant or regulated toxic air pollutant currently not emitted by the 

source or device. 

(b) The request for a minor permit amendment shall: 

(1) Be in the form of a letter to the department; 

(2) Describe the proposed change; and 

(3) Describe any new requirements that will apply if the change occurs. 

(c) The department shall take final action on a request for a minor permit amendment within 90 days 

of receipt of a request filed pursuant to (a) and (b), above. 

(d) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit amendment with the department. 

Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator shall file an application to the department for a significant permit 

amendment for any proposed change to the physical structure or operation of the source or device covered by 

the temporary permit or state permit to operate which increases the amount of a specific air pollutant currently 

emitted by such source or device or which results in the emission-of any regulated air pollutant currently not 

emitted by such source or device or not covered by the permit for the source or device. 

(b) A request for a significant permit amendment shall include the following: 

(1) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable 

and provided by the department, containing all pertinent information with regard to the amendment 

including, if applicable, the information specified in Env-A 1709; 

(2) Tbe fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(3) A description of: 

a. The proposed change; 

b. The emissions resulting from the change; and 
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FP 2010-74 Annotated 08-31-10 

c. Any new requirements that will apply if the change occurs; and 

13 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 

(c) The department shall take final action on a request for a significant permit amendment within 90 

days of receipt by the department of a request filed pursuant to (a) and (b), above, provided that the public 

notice and hearing procedures specified in Env-A 621 have been satisfied. 

(d) The owner or operator shall not implement the proposed change unless and until the department 

issues the amended permit. 

Env-A 612.05 Minor Modifications: Title V Operating Permits. 

(a) Prior to implementing a minor title V operating permit modification, the owner or operator shall 

file a written request to the department for a minor permit modification for those changes that qualify as minor 

permit modifications under this section. 

(b) For a source or device that has been issued a temporary permit, an application for a minor permit 

modification shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the temporary permit. 

(c) The request for a minor permit modification shall include the following: 

(l) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the information specified in Env-A 1709; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(3) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

c. Any new requirements that will apply if the change occurs; 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(5) The owner or operator's proposed draft permit conditions; 

(6) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the minor permit modification procedures; 

(7) A request that minor permit modification procedures be used; and . 

(8) For use by the department in notifying EPA and affected states, 2 additional copies of the 

information required by (l), above. 

(d) Within 5 working days of the receipt by the department of a request filed pmsuant to (a)-(c), above, 

fur a minor permit rnodification to a title V operating permit, the department shall notify EPA and any 

affected state(s) of the request. 

(e) The department shall not make a final decision on a requested permit modification to a title V 

operating permit until after EPA's 45-day review period or until EPA has notified the department that EPA 

will not object to the permit modification, whichever comes first. 

(f) By the later of 90 days from receiving an application filed pursuant to (a) -(c), above, or 15 days 
Added text in bold italics 

Deleted text !lffil~ttgl> 

FP2010-74 Annotated 08-31-10 

after the end of EPA's 45-day review period, the department shall: 

(I) Issue the requested permit modification if it meets the requirements of this section; 

14 

(2) Deny the requested permit modification if it does not meet the requirements of the section; 

(3) Determine that the requested modification does not qualify as a minor permit modification 

and review the request under the significant permit modification procedures in Env-A 612.06; or 

(4) Revise the draft permit to the extent that it does not meet the requirements of this section and 

send to EPA and to the applicant the new proposed permit modification. 

(g) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit modification with the department. 

(h) Pending final action on the permit modification by the department, the owner or operator shall 

comply with both the applicable requirements goveming the change and the proposed permit conditions. 

(i) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. 

Amend Env-A 612.06(c), (e) and (f), eff 4-26-03 (doc. #7879), amended eff 7-28-04 (doc. #8129), cited and to 

read as follows: 

Env-A 612.06 Significant Permit Modifications: Title V Operating Permits. 

(c) Prior to implementing a significant permit modification, the owner or operator shall file a written 

request with the department for a significant permit modification which includes the following: 

(I) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the supplemental information specified in Env-A 1709; 

(2) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

e. Any new applicable requirements that will apply if the change occurs; 

(3) The owner or operator's suggested draft permit conditions; 

(4) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be used; 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; and 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(e) An application for a significant modification to a title V operating permit shall be deemed 

complete by the department within 60 days of its filing, unless the department requests additional information 

or otherwise notifies the applicant of incompleteness. 

(!) The department shall take final action on a request for significant permit modification no later than 

9 months after the filing of a complete application provided that: 

(I) The procedures for public participation specified in Env-A 622 have been satisfied; 
Added text in bold italics 

Deleted text stmek throc>gh 

FP 2010-74 Annotated 08-31-10 15 

(2) The requirements for notifying and responding to affected states specified in Env-A 622.03 

have been satisfied; 

(3) The conditions of the permit provide for compliance with all applicable requirements of title 

V of the Act and all applicable requirements of Env-A 300 et §ff!.; and 

(4) The EPA has received a copy of the proposed permit and any notices required and has not 

objected to issuance of the significant permit modification within the time period specified in EnvA 609.13(b). 

Readopt with amendments PART Env-A 616, eff. 4-26-03 (doc. #7879), to read as follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 616.01 Determination of Actual Emissions. The owner or operator of a stationary source, area 

source, or device shall determine the actual annual emissions from the source or device as specified in Env-A 

705.02. 

Amend Env-A 617.01 intra, (a), and (b), eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions ofEnv-A 603.0l(a) or (b), a temporary permit or a state permit to operate shall not be required 

for any research and development operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, area source, or device as a research and development operation, and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

(b) The owner of a new stationary source, area source, or device filed a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation, and has received 

a written determination from the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

Amend Env-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879 ), to read as follows: 

Env-A 617.02 Exception to Obtaining a Title V Operating Permit. Notwithstanding the provisions of 

Env-A 603.0l(a) or (b), a title V operating permit shall not be required for any research and development 

operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, area source, or device as a research and development operation and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (g), 

below; 

(b) The owner of a new stationary source, area source, or device files a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation and receives a 

written determination from the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (g), 

below; 
Added text in bold italics 

Deleted text struek tllfeHgk 

FP2010-74 Annotated 08-31-10 16 

Amend Env-A 618.05 intro, (b), and (d), eff 4-26-03 (doc. 117879), to read as follows: 

Env-A 618.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented in accordance with the following procedure: 

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall file with 

the department documentation verifying that the offset donor source(s) has obtained a federally enforceable 

permit, or other federally enforceable document, for the emissions reduction control measures pertaining to 

the offset(s) for which the new or modified source is seeking approval; 

(d) Documentation required pursuant to the provisions of this section shall be filed as part of the 

permit application, as required under Etw-A 600; and 

Readopt with amendment Env-A 619.05, ejf. 4-26-03 (doc. 117879), to read as follows: 

Env-A 619.05 Department Review. 

(a) Within 30 days of receipt of an application, the department shall notify the applicant as to the 

completeness of the application or any deficiency in the application or information submitted. 

(b) In the event of a deficiency in an application, the date of filing of the application for purposes of 

(c), below, shall be the date on which the department receives all required information. 

(c) Within one year after the filing of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.2l(j)- (p). 

Amend Env-A 620.05{d), ejf. 7-28-04 (doc. 118129), cited and to read as follows: 

Env-A 620.05 Decisions. 

(d) In the event the department determines that additional information is necessary to make an 

informed decision, the department shall request such information and issue a decision in accordance with 

(a)(!) or (a)(2), above, within 15 days of receiving such information. 

Amend Env-A 621.07{a) and (b), e.ff. 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 621.07 Public Access to Information. 

(a) If the applicant is not a municipality, the applicant shall file 2 copies of the permit application with 

the department. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 622.04(a) intra and (1), eff 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(1) A copy of the permit application or, upon agreement with EPA, a summary thereof, unless the 

applicant has filed a copy of the permit application with EPA pursuant to Env-A 609.06(d); 
Added text in bold italics 

Deleted text strHek through 

FP 2010-74 Annotated 08-31-10 17 

Amend Env-A 622.06(a) and (b), eff 7-28-04 (doc. 118129), cited and to read as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall file 2 

copies of the permit application with the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 624.03( c), eff 6-8-06 (doc. #8654 ), cited and to read as follows: 

Env-A 624.03 Permit Application Required. 

(c) The owner or operator of a source subject to (b), above, shall file a timely application for and 

obtain a title V operating permit or amendment thereof in accordance with Env-A 609 or Env-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) State or Federal Statute I Federal Regulation lnl]Jlemented 

En v-A 603.01 RSA 125-C: 11; RSA 125-I:5 

Env-A 603.02 RSA 125-C:6, XIV 

Env-A 605.03 RSA 125-C:12, I 

Env-A 605.04 RSA 125-C:12, I; 42 U.S.C.§7661b(b) & (c); 40 CFR §70.6(d) 

Env-A 606.02(b); Env-A 606.03 RSA 125-C:11, II & N; RSA 125-1:5, V; 42 U.S.C. §7410(a)(2)(K) 

Env-A 607.01 intra, (a)-(d), (x) RSA 125-C: 11 

Env-A 607.02 RSA 125-C:11 

Env-A 607.03 RSA 125-C:4, I( a) 

Env-A 607.06 RSA 125-C:12, I 

Env-A 607.08 RSA 125-C: 11, II; RSA 125-C: 13; 40 CFR §52.21 (r)(2) 

Env-A 607.10 RSA 125-C:11 

Env-A 608.01 - Env-A 608.02 RSA 125-C:l1 

Env-A 608.03 RSA 125-C:12, I 

Env-A 608.05-Env-A 608.06 RSA 125-C: 12, I 

Env-A 608.08 RSA 125-C:11, III; RSA 125-C:13 

Env-A 608.1 O(a) RSA 125-C:12, I 

Env-A 608.10(b) RSA 125-C:12, IV 

Env-A 608.12 RSA 125-C: 11 

Env-A 609.06 RSA 125-~:12, 1;; 42 U.S.C. §7661a(b); 40 CFR §70.5 

Env-A 609.07 RSA 125-C:11, 1-a; 42 U.S.C. §7661b(c); 40 CFR §70.5(a)(l) 

Env-A 609.08(a) RSA 125-C:11, I-a; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.08(b) RSA 125-C:12, 1; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.12 RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(b) 

Env-A 609.15 RSA 125-C:l1, 1-a; 42 U.S.C. §7661b(d); 40 CFR §70.7(b) & (c) 

Env-A 609.18(a) RSA 125-C:11, !-a; 42 U.S.C. §7661a(b)(5)(C); 40 CFR §70.7(c) 

Env-A 609.18(b) RSA 125-C:12, II & N; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(c) 
Added text in bold italics 

Deleted text 5\R!&!Hhfe>tglt 

Env-A 610.03- Env-A 610.05, 

Env-A 610.08, Env-A 610.09, 

Env-A 610.13 

Env-A 610.14; Env-A 610.16 

Env-A 612.0 1 

Env-A 612.03 

Env-A 612.04 

Env-A 612.05 

Env-A 612.06(c), (e), & (f) 

Env-A 616.01 

Env-A 617.01 intro, (a), & (b) 

Env-A 617.02 intro, (a), & (b) 

Env-A 618.05 intro, (b), & (d) 

Env-A 619.05 

Env-A 620.05(d) 

Env-A 621.07(a) & (b) 

Env-A 622.04(a) intro & (a)(l) 

Env-A 622.06(a) & (b) 

Env-A 624.03(c) 

FP2010-74 Annotated 08-31-10 18 

RSA 125-C:6, XIV; RSA 125-C:11, I & III 

RSA 125-C:6, XIV; RSA 125-C:ll, !-a; 42 U.S.C. §766lc(d); 

40 CFR §70.6(d) 

RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(d)(3) 

RSA 125-C:6, XIV; RSA 125-C: 12, I 

RSA 125-C: 11, I; RSA 125-C: 12, I 

RSA 125-C:ll, !-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(2) 

RSA 125-C:11, !-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(4) 

RSA 125-C:12, I 

RSA 125-C:11, I 

RSA 125-C:l1, !-a; 42 U.S. C. §7661(2); 42 U.S.C. §7661a(a) 

RSA 125-C: 11, IV; 42 U.S.C. §§7503(c) & 7511a(c)(l 0); 

40 CFR §51.165(a)(3) 

RSA 125-C:4, l(i); 42 U.S.C.§7475(d); 40 CFR §51.166 

RSA 125-C:l2, II 

RSA 125-C:12, II 

RSA 125-C:12, II; 42 U.S.C. §7661d(a)(l); 40 CFR §70.8(a) 

RSA 125-C:12, II; 42 U.S.C. §7661b(e); 40 CFR §70.7(h) 

RSA 125-C:4, !(a); RSA 125-C:!O-b, !(a) 
STATE OF NEW HAMPSHIRE 

FROM 

SUBJECT 

TO 

~homa~ S. Burack rtf\\\~ Conmuss10ner '" t J) 

Final Proposal #201 0-75 

Oftice of Legislative Services 

Division of Administrative Rules 

DATE August 31,2010 

AT (OFFICE) DES 

In accordance with RSA 541-A: 12, enclosed please find the Final Proposal Cover 'Sheet 

and copies of the corresponding rule for the following rules: 

Env-A ~, 79§.921 903.01(b), 907.01(a), J7Q:J 91\g)· Amendments relating to 

Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

If you have any questions, please contact Gretchen Hamel at 271-3137 or Karla McManus 

at 271-6854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit 

ec: Karla McManus, DES ARD 
COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2010-75 Rule Number 

Env-A ~ i'99.Q:l; 903.0l(b), 907.0l(a), 

1983.81(a) 

'I. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NI-l 03302-0095 

2. RSA Authority: 

3. Federal Authority: 

4. Type of Action: 

ISJ Adopt 

ISJ Amendment 

0 Repeal 

0 Readoption 

RSA 125-C:4, I (i), (d) & (k) 

42 U.S.C. §766la 

QS] Readoption w/amendment 

5. Short Title: Amendments relating to Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

6. Contact person for copies and questions: 

Name: 

Address: 

Karla McManus 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Manager 

Phone#: (603) 271-6854 

7. Yes 0 No ISJ Agency requests Committee legal counsel review and delayed Committee review pursuant 

to RSA 541-A:l2, I-a 

8. The rulemaking notice appeared in the Rulemaking Register on July 2, 2010 

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

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9. The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority. 

11. Yes 0 N/ A ISJ Incorporation by Reference Statement(s) because this rule incmporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:l2, IlL 

12. Yes ISJ 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:l2, Il(e). 

13. Yes 0 N/ A ISJ 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. 
FP 2010-75 Fixed Text 08-30-10 

1 Env-A 702.04 to read as follows: 

v-A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, , ea 

source, 01 evice that applies for a permit-by-notification pursuant to Env-A 603.02 shall sub 't to the 

department fee of $1,000 with the permit application. 

Readopt with an ndments Env-A 705.02, eff. 6-26-04 (doc.#8111 ), to read as follows: 

Determination of Actual Emissions for Use in Calculatin 

~ The owner · operator of a stationary source, area source, or devic ·equired to pay an 

emission-based fee shall termine actual annual emissions by using the met d from the following list that 

uses the most accurate avail le data: 

~ Emissions da from a certified gaseous CEM syste1 meeting the requirements of Env-A 

808, which includes s stitute data in accordance with v-A 808.13 for each period for which 

the CEM system did not ollect valid data; 

~ Emission factors base on emissions data fr m the most recently conducted compliance 

method stack test observed an approved by th i:lepartment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjunction 'th the oper ing conditions specified in the permit for the 

device issued pursuant to Env-A 6 

0:) Emissions calculated from a ma balance of the process, in conjunction with the 

operating conditions specified in the en it for the device issued pursuant to Env-A 600; 

(110 Emission factors based on ternate e · sions data guaranteed by the manufacturer of the 

device, certified by EPA as ac rate for the de · ce, or collected during a stack test of an 

identical device that was no observed by the dep tment, that meets all other acceptance 

criteria specified in (2), a ve, in conjunction with e operating conditions specified in the 

permit for the device is ed pursuant to Env-A 600; 

~ AP-42, Fifth dition, "Compilation of Air Pollutan mission Factors, Volume I: 

Stationary Point d Area Sources", published in 1995 by t . EPA, as supplemented from 

1996-2000 a updated from 2001-2009, in conjunction wit the operating conditions 

specified in e permit for the device issued pursuant to Env-A 0; or 

~ E 0 ineering calculations that are representative of the actual issions generated, in 

conju tion with the operating conditions specified in the permit fort device issued pursuant 

to v-A 600. 

~ the emissions calculated pursuant to (a), above, are determined to be less an one ton per 

year, the1 1e owner or operator shall calculate the emission-based fee using an emission- sed multiplier 

of one n per year. 

y.Q A description of the method used for calculating actual emissions shall be submitte o the 

d partment with each fee payment. 

Amend Env-A 903.0l(b), eff. 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 903.01 Applicability. 

(b) The owner or operator of any of the following sources or devices shall not be required to 

comply with the requirements of this part with respect to that device: 
FP 2010-75 Fixed Text 08-30-10 2 

(I) A device that is not subject to Env-A 600, but which is located at a source that is subject 

to Env-A 600; or 

(2) A source or device that is operated pursuant to a permit-by-notification issued pursuant 

to Env-A 603.02. 

Amend Env-A 907.0J(a), eff. 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

excluding a source or device operated pursuant to a permit-by-notification, shall submit an annual 

emissions report to the department on or before April 15 of the year following the calendar year covered by 

the report. 

Amend Env-A 1703.0l(a), eff 5-3-03 (doc. #7886), cited and to read as follows: 

Env-A 1703.0 I Form ARD-1, General Information Required of All Permit Applications. 

(a) An applicant for any type of permit other than a general permit or permit-by-notification shall 

complete a form ARD-1, "General Information for all Permit Applications". 

APPENDIX 

Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

- . ' ; ' 

_!>' 

' 

Env-A 903.0l(b) RSA 125-C:6, XI 

Env-A 907:01(a) RSA 125-C:6, XI CAA Sec. 182 

- ' 
Added language in bold italics 

deleted language stmek tllrougll 

FP 2010-75 Annotated 08-30-10 

!opt Env-A 702.04 to read c<Sfollows: 

nv-A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, rea 

source, r device that applies for a permit-by-notification pursuant to Env-A 603.02 shall sub t to the 

departme a fee of $1,000 with the permit application. 

Readopt with nendments Env-A 705.02, eff. 6-26-04 (doc.#8111 ), to read as follows: 

Env-A 705. Determination of Actual Emissions for Use in Calculatin ssion-Based Fee. 

}iJ The owne or operator of a stationary source, area source, or devic required to pay an 

emission-based fee shall etennine actual annual emissions by using the met od from the following list 

that uses the most accurat available data: 

f!jJ 

year, then 

of one t 

~ Emissions d a from a certified gaseous CEM syste meeting the requirements of Env-A 

808, which includes bstitute data in accordance with v-A 808.13 for each period for which 

the CEM system did no collect valid data; 

\Jl), Emission factors bas on emissions data fr m the most recently conducted compliance 

method stack test observed an approved by th i:lepartment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjunction ith the oper ing conditions specified in the permit for the 

device issued pursuant to Env-A 

()?Q Emissions calculated from a ma balance of the process, in conjunction with the 

operating conditions specified in the en 't for the device issued pursuant to Env-A 600; 

~ Emission factors based on ternate et · sions data guaranteed by the manufacturer of the 

device, certified by EPA as ac rrate for the de e, or collected during a stack test of an 

identical device that was no observed by the dep tment, that meets all other acceptance 

criteria specified in (2), a ve, in conjunction with t e operating conditions specified in the 

permit for the device is ed pursuant to Env-A 600; 

~ AP-42, Fifth dition, "Compilation of Air Pollutant mission Factors, Volume I: 

Stationary Point 1d Area Sources", published in 1995 by th EPA, as supplemented from 

1996-2000 an updated from 2001-2009, in conjunction with e operating conditions 

specified in e permit for the device issued pursuant to Env-A 6 ; or 

~ En meering calculations that are representative of the actual e ·ssions generated, in 

conju tion with the operating conditions specified in the permit forth device issued pursuant 

toE -A 600. 

the emissions calculated pursuant to (a), above, are determined to be less th 1 one ton per 

1e owner or operator shall calculate the emission-based fee using an emission-ba d multiplier 

per year. 

\l<), A description of the method used for calculating actual emissions shall be submitted t he 

d artment with each fee payment. 

Amend Env-A 903.0l(b), eff. 4-21-07 (doc. #8872), cited and to read ctsfollows: 

Env-A 903.01 Applicability. 

(b) The owner or operator of any of the following sources or devices shall not be required to 

comply with the requirements of this part with respect to that device: 
Added language in bold italics 

deleted language st!'Bclc through 

FP 2010-75 Annotated 08-30-10 2 

(I) A device that is not subject to Env-A 600, but which is located at a source that is subject 

to Env-A 600; or 

(2) A source or device that is operated pursuant to a permit-by-notification issued pursuant 

to Env-A 603.02. 

Amend Env-A 907.01(a), eff. 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

excluding a source or device operated pursuant to a permit-by-notification, shall submit an annual 

emissions report to the department on or before April 15 of the year following the calendar year covered by 

the report. 

v-A 1703.0l(a), eff. 5-3-03 (doc. #7886), cited and to '"re~cul.<<8-j'r1/1,m;­

Env-A 1703.01 lications. 

~ A · nt for any type of permit other than a genera · r ermit-by-notification shall 

coolj111!)l)e a form ARD-1, "General Information for all Permit Applications". 

APPENDIX 

Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

- . , ' , 

: , 

Env-A 903.01(b) RSA 125-C:6, XI 

Env-A 907.01(a) RSA 125-C:6, XI CAA Sec. 182 

: , 
FROM 

STATE OF NEW HAMPSHIRE 

Thomas S. Burack N\f\(\ J 

Commisswncr / \ ' •\ ~ 

DATE August 31,2010 

AT (OFFICE) DES 

SUBJECT Final Proposal #20 10-76 f ~ b 

TO Office of Legislative Services 

Division of Administrative Rules 

In accordance with RSA 541-A: 12, enclosed please fmd the Final Proposal Cover Sheet 

and copies of the corresponding rule for the following rules: 

Env-A 2800*: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; 

Cement & Concrete Sources 

* Env-A 2800, Env-A 101.166 (readopted with amendment as Env-A 2802.04), and 

Rnv-A 1710.04 (readopted with amendment as Env-A 2806.04) 

If you have any questions, please contact Gretchen Hamel at 271-3137 or Karla McManus 

at 271-6854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit 

ec: Karla McManus, DES ARD 
COVER SHEET FOR FINAL PROPOSAL 

Notice Number 2010-76 Rule Number 

Env-A 2800, Env-A 101.166 (readopted with 

amendment as Env-A 2802.04); Env-A 1710.04 

(readopted with amendment as Env-A 2806.04) 

1. Agency Name & Address: 2. RSA Authority: RSA 125-C:4, !(a) 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

3. Federal Authority: 

4. Type of Action: 

IZI Adopt 

0 Amendment 

D Repeal 

IZI Readoption 

IZI Readoption w/amendment 

N/A 

5. Short Title: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources 

6. Contact person for copies and questions: 

Name: 

Address: 

Karla McManus 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Manager 

Phone#: (603) 271-6854 

7. Yes D No IZI Agency requests Committee legal counsel review and delayed Committee review pursuant 

to RSA 541-A: 12, 1-a 

8. The rulemaking notice appeared in the Rulemaking Register on July 2, 2010 

SEE THE INSTRUCTIONS--PLEASE SUBMIT 2 COPIES OF THIS COVER SI-IEET 

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9. The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority. 

11. Yes 0 N/A 1Z1 Incorporation by Reference Statement(s) because this rule incorporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:l2, III. 

12. Yes iZ1 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:l2, II( e). 

13. Yes 0 N/A iZ1 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:S, 

VI. 
FP 2010-76 Fixed Text 08-30-10 

Change the heading of CHAPTER Env-A 2800 as follows: 

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL 

PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA 125-C:4, I 

Change the heading of PART Env-A 2801 as follows: 

PART Env~A 2801 PURPOSE AND APPLICABILITY 

Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Env-A 2801.01 Purpose. The pmpose of this chapter is to establish: 

(a) Standards for particulate matter emissions and visible emissions for sand and gravel sources, 

non-metallic mineral processing plants, and cement and concrete sources; 

(b) Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, 

and cement and concrete sources; and 

(c) Permit by notification requirements for non-metallic mineral processing plants. 

Readopt with amendments Env-A 2802.01, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A 2801.02 Applicability. This chapter shall apply to any: 

(a) Sand and gravel source; 

(b) Non-metallic mineral processing plant; and 

(c) Cement, ready mix concrete, or cement block source. 

Change the heading of PART Env-A 2802 as follows: 

PART Env-A 2802 DEFINITIONS 

Adopt Env-A 2802.01 through Env-A 2802.03 to read as follows: 

Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket 

elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an 

affected facility, as well as each crusher and grinding mill. at hot mix asphalt facilities that reduce the size 

of nonmetallic minerals embedded in recycled asphalt pavement. 

Env-A 2802.02 "Affected facility" means a non-metallic mineral processing plant other than the 

following: 

(a) A facility located in an underground mine; 

(b) A wet material processing operation; 

(c) A fixed non-metallic mineral processing plant with a capacity of25 tons per hour or less; 

(d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and 

(e) A common clay plant or pumice plant with a capacity of 10 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment used 

to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, vermiculite. The 

term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, 

convey, size, or blend the processed material 
FP2010-76 FixedText 08-30-10 2 

Readopt with amendments Env-A 101.166, eff 1-18-97 (doc. #6428-A}, and renumber as Env-A 2802.04, to 

read as follows: 

Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, 

sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and 

auxiliaries used to dry, mix, convey, size, or blend such materials. The term does not include any 

equipment or activities related to grinding or crushing. 

Adopt Env-A 2802.05 to read tiS follows: 

Env-A 2802.05 "Successful compliance test" means a completed test that is performed for the 

purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the 

requirement(s) for which the test is conducted. 

Change the heading of PART Env-A 2803 as follows: 

PART Env-A 2803 REQUIREMENTS FOR NON-METALLIC MINERAL PROCESSING PLANTS 

Readopt with amendments Env-A 2803.01 and Env-A 2803.02, eff 11-24-04 (doc. #8218), and renumber as 

Env·A 2803.01 through Env-A 2803.03, to read as follows: 

Env-A 2803.01 Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing 

Plants. 

(a) A non-metallic mineral processing plant that is an affected facility shall comply with the visible 

emission and particulate matter standards specified in 40 CFR 60, subpart 000, regardless of when 

construction, modification, or reconstruction of the plant conunenced, provided, however, that the 

differentiation in subpart 000 between atfected facilities that commenced construction, modification, or 

reconstruction prior to April 22, 2008 and those that commenced construction, modification, or 

reconstruction on or after April 22, 2008 shall still apply. 

(b) The owner 01' operator of a non-metallic mineral processing plant that is not an affected facility 

shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an 

average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute 

period at crushers, transfer points, or screens. 

Env-A 2803.02 Compliance Testing Requirements for Non-metallic Mineral Processing Plants. 

(a) The owner or operator of an affected facility shall conduct a successful compliance test on the 

affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date of this 

chapter if the affected facility: 

(I) Is in existence on the 2010 effective date of this chapter; and 

(2) Has never had a successful compliance test prior to that date. 

(b) If an affected facility does not operate during the year following the 2010 effective date of this 

chapter or if specific affected equipment is not used during the year following the 2010 effective date of 

this chapter, the owner or operator shall conduct a successful compliance test on the affected facility or 

specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of achieving 

the maximum production rate at which the affected facility or affected equipment will be operated or 180 

days after startup, whichever is sooner. 

(c) In addition to the compliance test required by (a) or (b), above, the owner or operator of an 

affected facility shall conduct a successful compliance test: 

(I) Within 60 days after changing the method of dust suppression used at the affected facility; 
FP 2010-76 Fixed Text 08-30-10 3 

(2) Within 60 days after achieving the maximum production rate at which the affected 

equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or 

operator replaces a piece of affected equipment; or 

(3) If the test is otherwise required by 40 CFR 60 subpart 000. 

(d) The owner or operator of an affected facility shall not be required to conduct a compliance test 

solely because the location of the affected facility has changed. 

Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. The 

owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is 

equipped with a fugitive emission control system that is operated and maintained to control the emission of 

particulate matter. 

Readopt PART Env-A 2804, eff 11-24-04 (doc. #8218), to read as follows: 

PART Env-A 2804 VISffiLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, 

AND CEMENT BLOCK SOURCES 

Env-A 2804.0 I Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period. 

(b) Opacity shall be determined in accordance with Env-A 807. 

Change the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITIVE DUST CONTROL FOR ALL SOURCES 

Readopt with amendments Env-A 2805.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Env-A 2805.0 I Fugitive Dust Control for All Sources. 

(a) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

dust from vehicular movement within the plant property boundaries by using fugitive dust control methods 

such as paving or wetting the roadways. 

(b) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, 

enclosures, or soil stabilization. 

Add a heading for PART Env-A 2806 as follows: 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806.01 through Env-A 2806.03, to read as follows: 

Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral 

processing plant, the owner or operator shall obtain: 

(a) A standard permit, as specified in Env-A 600; or 

(b) A permit-by-notification, as specified in this part. 
FP 20 I 0-76 Fixed Text 08-30-10 4 

Env-A 2806.02 Permit-By-Notification Procedures. 

(a) To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing 

plant shall file the information required by Env-A 2806.04 in writing to the department, together with the 

signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06. The filing 

shall constitute a permit application for the plant. 

(b) The depmtment shall issue a permit-by-notification for a non-metallic mineral processing plant if: 

(I) The applicant has filed all required information and the required fee; and 

(2) The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, 

Env-A 2805, and Env-A 2806. 

(c) Within 10 days after initial startup of an affected facility, the owner or operator shall notify the 

department by fax, email, or postal mail of the actual date of startup. 

Env-A 2806.03 Notification of Changes Required. 

(a) Within 10 days after a permit-by-notification facility has commenced operation in a different 

location, the owner or operator shall file a location change notice to the department and the towns where 

the facility was last and is now located via fax, email, or postal mail, containing the following information: 

(!) The unique facility identification assigned by the department in the initiaJ·permit-bynotification; 

(2) The physical location from which the facility was moved; and 

(3) The physical location to which the facility was moved. 

(b) Within 10 days after the replacement of any affected equipment, the owner or operator shall file a 

notification with the department that contains: 

(I) The information specified in 40 CFR 60.676(a)(l), (2), (3), and (4), as applicable; and 

(2) The date on which testing of the new equipment will be conducted. 

(c) Any notice filed pursuant to (a) or (b), above, shall be signed as specified in Env-A 2806.05. 

Readopt with amendment Env-A 1710.04, eff. 7-28-04 (doc. #8130), and renumber as Env-A 2806.04, so 

that Env-A 2806.04 reads as follows: 

Env-A 2806.04 Application Content. The applicant for a permit-by-notification for nonmetallic 

mineral processing plants shall file the following information with the depattment: 

(a) The name, mailing address, and daytime telephone number of the owner or operator, and, if 

available, an e-mail address and fax number; 

(b) The name or number, or both, the owner or operator uses to identify the plant; 

(c) The physical location of the plant, including street address and municipality; 

(d) Any previous permit number; 

(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per year; 

(f) A list of all affected equipment at the plant, not including any energy-generating devices; 
FP 2010-76 Fixed Text 08-30-10 5 

(g) For each listed piece of equipment, the following: 

(1) A description and the name or number, or both, the owner or operator uses to identify the 

equipment; 

(2) The manufacturer and serial number, if available; 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or 

enclosed truck or railcar loading station in tons per hour; 

(4) The total surface area of the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

(7) The date of: 

a. Initial construction or installation in New Hampshire; 

b. The most recent modification, if applicable; 

c. The most recent replacement, if applicable; and 

d. The most recent successful compliance test, if applicable; 

(h) For a new or modified non-metallic mineral processing plant or for one that has never been 

tested, the date(s) on which compliance testing will be conducted; and 

(i) A brief explanation of the methods that will be used to control emissions and fugitive dust. 

Adopt Env-A 2806.05 through Env-A 2806.07, to read as follows: 

Env-A 2806.05 Signature and Certification. 

(a) The owner or operator of the non-metallic mineral processing plant shall sign each application 

filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. 

(b) The signature of the owner or operator shall constitute certification that: 

(1) The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, 

subpart 000; 

(2) The owner or operator understands and will comply with the requirements; 

(3) The owner or operator has notified the clerk of the town or city in which the facility is 

located of its pending operation; and 

(4) All information filed is true, complete, and not misleading to the knowledge and belief of 

the signor. 

Env-A 2806.06 Application Fee. The applicant shall pay an application fee of $1,000 with the permit 

application. 

Env-A 2806.07 Recordkeeping and Reporting. 

(a) The owner or operator of a non-metallic mineral processing plant shall retain records for a 

minimum of 5 years on: 
FP 20 I 0-76 Fixed Text 08-30-10 6 

(!) The total quantity of all materials processed on an annual basis; and 

(2) The results of all performance testing conducted to determine compliance with the standards 

specified in Env-A 2803, including 40 CFR 60, subpart 000. 

(b) The owner or operator of a non-metallic mineral processing plant shall file the results of any 

performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 

40 CFR 60, subpart 000, within 60 days of the test. 

APPENDIX 

Rule Section(s) State Statnte(s) lmplemeuted 

Env-A 2801 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2802 RSA 125:C:4, !(a), RSA l25-C:6, II 

Env-A 2803 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2804 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2805 RSA 125:C:4, I( a), RSA 125-C:6, II 

__E:\n_v-A 2806 (also see specific section below) RSA 125-C:ll 

Env-A 2806.06 RSA 125-C:l2, IV 
Added language in bold italics 

deleted language struek through 

Change the heading a,{ CHAPTER Env-A 2800 as follows: 

FP 2010-76 Annotated 08-30-10 

CHAPTER Env-A 2800 SAND AND ORA VEL SOURCES; NON-METALLIC MINERAL 

PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA l25-C:4, I 

Change the heading of PART Env-A 2801 as follows: 

PART Env-A 2801 PURPOSE AND APPLICABILITY 

Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Env-A 2801.01 Purpose. The purpose of this chapter is to establish: 

(a) Standards for particulate matter emissions and visible emissions for sand and gravel sources, 

non-metallic mineral processing plants, and cement and concrete sources; 

(b) Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, 

and cement and concrete sources; and 

(c) Permit by notification requirements for non-metallic mineral processing plants. 

Readopt with amendments Env-A 2802.01, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A 2801.02 Applicability. This chapter shall apply to any: 

(a) Sand and gravel source; 

(b) Non-metallic mineral processing plant; and 

(c) Cement, ready mix concrete, or cement block source. 

Change the heading of PART Env-A 2802 as follows: 

PART Env-A 2802 DEFINITIONS 

Adopt Env-A 2802.01 through Env-A 2802.03 to read as follows: 

Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket 

elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an 

affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size 

of nonmetallic minerals embedded in recycled asphalt pavement. 

Env-A 2802.02 "Affected facility" means a non-metallic mineral processing plant other than the 

following: 

(a) A facility located in an underground mine; 

(b) A wet material processing operation; 

(c) A fixed non-metallic mineral processing plant with a capacity of 25 tons per hour or less; 

(d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and 

(e) A common clay plant or pumice plant with a capacity of l 0 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment used 

to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, vermiculite. The 

term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, 

convey, size, or blend the processed material. 
Added language in bold italics; 

deleted language fiffilelc throHgh 

FP 2010-76 Annotated 08-30-10 2 

Readopt with amendments Env-A 101.166, eff. 1-18-97 (doc. 116428-A), and renumber as Env-A 2802.04, to 

read'"' follows: 

Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, 

sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and 

auxiliaries used to dry, mix, convey, size, or blend such materials. The term does not include any 

equipment or activities related to grinding or crushing. 

Adopt Env-A 2802.05 to read as follows: 

Erw-A 2802.05 "Successful compliance test" means a completed test that is performed for the 

purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the 

requirement(s) for which the test is conducted. 

Change the heading of PART Env-A 2803 as follows: 

PART Env-A 2803 EMISSION STANDARDS REQUIREMENTS FOR NON-METALLIC MINERAL 

PROCESSING PLANTS 

Readopt with amencbnents Env-A 2803.01 and Env-A 2803.02, eff. 11-24-04 (doc. #8218), and renumber as 

Env-A 2803.01 through Env-A 2803.03, to read as follows: 

Env-A 2803.01 Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing 

Plants. 

(a) A non-metallic mineral processing plant that is an affected facility shall be sHlljeet to comply 

with the visible emission and particulate matter standards specified in 40 CFR 60, subpart 000, 

regardless of when construction, modification, or reconstruction of the plant commenced, provided, 

however, that the differentiation in subpart 000 between affected facilities that commenced 

constmction, modification, or reconstruction prior to Apri/22, 2008 and those that commenced 

construction, modification, or reconstruction on or after Apri/22, 2008 shall still apply. 

(eb) The owner or operator of a non-metallic mineral processing plant that is not an affected facility 

shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an 

average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute 

period at crushers, transfer points, or screens. 

Env-A 2803.02 Compliance Testing Requirements for Non-metallic Mineral Processing Plants. 

(lla) The owner or operator of an affected facility shall conduct a successful compliance test on the 

affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date of this 

chapter if the affected facility: 

(1) Is in existence on the 2010 effective date of this role-chapter; and 

(2) Has never 'eee!r-had a successfully compliance tested prior to that date. 

(b) If an affected facility does not operate during the year following the 2010 effective date of this 

chapter or if specific affected equipment is not used during the year following the 2010 effective date of 

this chapter, the owner or operator shall conduct a successful compliance test on the affected facility or 

specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of 

achieving the maximum production rate at which the affected facility or affected equipment will be 

operated or 180 days after startup, whichever is sooner. 

(c) In addition to the compliance test required by (a) or (b), above, t+he owner or operator of an 

affected facility shall conduct a successful compliance test: 
Added language in bold italics; 

deleted language struck througll 

FP 2010-76 Annotated 08-30-10 3 

(1) Within 60 days after changing the method of dust suppression used at the affected facility; 

(2) Within 60 days after achieving the maximum production rate at which the affected 

equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or 

operator replaces a piece of affected equipment; or 

(3) If the test is otherwise required by 40 CPR 60 subpart 000. 

(d) The owner or operator of an affected facility shall not be required to conduct a compliance test 

solely because the location of the affected facility has changed. 

Env-A 2803.\hlOJ Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. 

The owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is 

equipped with a fugitive enussion control system that is operated and maintained to control the emission of 

particulate matter. 

Readopt PARTEnv-A 2804, eff 11-24-04 (doc. #8218), to read as follows: 

PART Env-A 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, 

AND CEMENT BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

(a) Visible fugitive enussions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period. 

(b) Opacity shall be determined in accordance with Env-A 807. 

Change the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITIVE DUST CONTROL FOR ALL SOURCES 

Readopt with amendments Env-A 2805.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Erw-A 2805.01 Fugitive Dust Control for All Sources. 

(a) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

dust from vehicular movement within the plant property boundaries by using fugitive dust control methods 

such as paving or wetting the roadways. 

(b) For any source or plant subject to this chapter, the owner or operator shall control enlissions of 

dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, 

enclosures, or soil stabilization. 

Add a heading for PART Env-A 2806 ctsfollows: 

PART Env-A 2806 PERMIT-BY -NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806.01 through Env-A 2806.03, to read as follows: 

Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral 

processing plant, the owner or operator shall obtain: 

(a) A standard permit, as specified in Env-A 600; or 

(b) A permit-by-notification, as specified in this part. 
Added language in bold italics; 

deleted language 5ffilelc through 

Env-A 2806.02 Permit-By-Notification Procedures. 

FP 2010-76 Annotated 08-30-10 4 

(a) To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing 

plant shall file the information required by Env-A 2806.04 in writing to the department, together with the 

signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06. The filing 

shall constitute a permit application for the plant. 

(b) The department shall issue a permit-by-notification for a non-metallic mineral processing plant if: 

(!) The applicant bas filed all required information and the required fee; and 

(2) The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, 

Env-A 2805, and Env-A 2806. 

(c) Within 10 days after initial startup of an affected facility, the owner or operator shall notify the 

department by fax, email, or postal mail of the actual date of startup. 

Env-A 2806.03 Notification of Changes Required. 

(a) Within 10 days after a permit-by-notification facility has commenced operation in a different 

location, the owner or operator shall file a location change notice to the department and the towns where 

the facility was last and is now located via fax, email, or postal mail, containing the following information: 

(!) The unique facility identification assigned by the department in the initial permit-bynotification; 

(2) The physical location from which the facility was moved; and 

(3) The physical location to which the facility was moved. 

(b) Within I 0 days after the replacement of any affected equipment, the owner or operator shall file a 

notification with the department that contains: 

(1) The infonnation specified in 40 CFR 60.676(a)(l), (2), (3), and (?4), as applicable; and 

(2) The date on which testing of the new equipment will be conducted. 

(c) Any notice filed pursuant to (a) or (b), above, shall be signed as specified in Env-A 2806.05. 

Readopt with amendment Env-A 1710.04, eff. 7-28-04 (doc. #8130), and renumber as Env-A 2806.04, so 

that Env-A 2806.04 reads as follows: 

Env-A 2806.04 Application Content. The applicant for a permit-by-notification for nonmetallic 

mineral processing plants shall file the following information with the department: 

(a) The name, mailing address, and daytime telephone number of the owner or operator, and, if 

available, an e-mail address and fax number; 

(b) The name or number, or both, the owner or operator uses to identify the plant; 

(c) The physical location of the plant, including street address and municipality; 

(d) Any previous permit number; 

(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per year; 

(f) A list of all affected equipment at the plant, not including any energy-generating devices; 
Added language in bold italics; 

deleted language struelc tforeugh 

(g) For each listed piece of equipment, the following: 

FP 2010-76 Annotated 08-30-10 

(I) A description and the name or number, or both, the owner or operator uses to identify the 

equipment; 

(2) The manufacturer and serial number, if available; 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or 

enclosed truck or railcar loading station in tons per hour; 

( 4) The total surface area of the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

(7) The date of: 

a. Initial construction or installation in New Hampshire; 

b. The most recent modification: if applicable; 

c. The most recent replacement, if applicable; and 

d. The most recent successful compliance test, if applicable; 

(h) For a new or modified non-metallic mineral processing plant or for one that has never been 

tested, the date(s) on which compliance testing will be conducted; and 

(i) A brief explanation of the methods that will be used to control emissions and fugitive dust. 

Adopt Env-A 2806.05 through Env-A 2806.07, to read as follows: 

Env-A 2806.05 Signature and Certification. 

(a) The owner or operator of the non-metallic mineral processing plant shall sign each application 

filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. 

(b) The signature of the owner or operator shall constitute certification that: 

(l) The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, 

subpart 000; 

(2) The owner or operator understands and will comply with the requirements; 

(3) The owner or operator has notified the clerk of the town or city in which the facility is 

located of its pending operation; and 

(4) All information filed is true, complete, and not misleading to the knowledge and belief of 

the signor. 

5 

Env-A 2806.06 Application Fee. The applicant shall pay an application fee of $1,000 with the permit 

application. 

Env-A 2806.07 Recordkeeping and Reporting. 

(a) The owner or operator of a non-metallic mineral processing plant shall retain records for a 
Added language in bold italics; 

deleted language fitfHelc throe~gh 

minimum of 5 years on: 

FP 2010-76 Annotated 08-30-10 6 

(I) The total quantity of all materials processed on an annual basis; and 

(2) The results of all performance testing conducted to determine compliance with the standards 

specified in Env-A 2803, including 40 CFR 60, subpart 000. 

(b) The owner or operator of a non-metallic mineral processing plant shall file the results of any 

performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 

40 CFR 60, subpart 000, within 60 days of the test. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2802 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2803 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2804 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2805 RSA 125:C:4, I(a), RSA 125-C:6, II 

Env-A 2806 (also see specific section below) RSA 125-C:ll 

Env-A 2806.06 RSA 125-C:l2, N 
ANNOTATIONS TO THE FINAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
AUG 31 2010 

COJIIserrf 

f5 

COVER SHEET FOR FINAL PROPOSAL 

FC;;i!I! ?ro;.x;tl!.\J i·~o. d.Qlry ' \ t.t 

ID>m~ rn:fl.t.i g -3 \ :.. \ a 

Notice Number 2010-74 Rule Number Env-A 600 - various sections and paragraphs 

1. Agency Name & Address: 

Department of Environmental Services 

29 Hazen·Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. RSA Authority: 

3. Federal Authority: 

4. Type of Action: 

IZJ Adopt 

IZJ Amendment 

0 Repeal 

0 Readoption 

RSA I 25-C:4, I (d)- (h) & (j) 

42 U.S.C. §766la.(d) 

IZJ Readoption w/amendment 

5. Short Title: Revisions to Statewide Air Permit System 

6. Contact person for copies and questions: 

Name: Karla McManus · 

Address: . Department of Environmental Services 

· 29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: 

Phone#: 

ARD Planning· and Rules Manager 

(603) 271-6854 

7. Yes 0 No IZJ Agency requests Committee legal counsel review and delayed Committee review pursuant 

to RSA 541-A:12, I-a 

8. The rulemaking notice appeared in the Rulemaking Register on July 2, 2010 

·.: 

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

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9. The ''Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority. 

11. Yes 0 N/A IZJ Incorporation by Reference Statement(s) because this nile incorporates a document by 

· reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:12, III. 

12. Yes ~ N/A 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 54]-

A:l2, II( e). , · 

13. Yes 0 N/A IZJ 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:S, 

VI. 
FP 2010-75 Fixed Text 08-30-10 

-opt Env-A 702.04 to read as follows: 

Env-A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, ·ea 

source, r device that applies for a permit-by-notification pursuant to Env-A 603.02 shall sub1 1t to the 

departme t a fee of $1,000 with the permit application. 

Readopt with nendments Env-A 705.02, eff 6-26-04 (doc. #8111), to read as follows: 

Env-A 705. Determination of Actual Emissions forUse in Calcu1atin 

pit The owne ·or operator of a stationary source, area source, or devic required to pay an 

emission-based fee sha1 etennine actual annual emissions by using the met ad from the following list that 

uses the most accurate ava able data: 

W Emissions a from a certified gaseous CEM syste1 meeting the requirements ofEnv-A 

808, which includes 1bstitute data in accordance with · v-A 808.13 for each period for which 

the CEM system did n collect valid data; 

tzi Emission factors bas on emissions data fr m the most recently conducted compliance 

method stack test observed m approved by th aepartment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjunction ith the oper ing conditions specified in the permit for the 

device issued pursuant to Env-A 0; 

~ Emissions calculated from a ma balance of the process, in conjunction with the 

operating conditions specified in the er it for the device issued pursuant to Env-A 600; 

W' Emission factors based on lternate e1 'ssions data guaranteed by the manufacturer of the 

device, cmtified by EPA as ac Irate for the de 'ce, or collected during a stack test of an 

identical device that was no observed by the dep tment, that meets all other acceptance 

criteria specified in (2), a ve, in conjunction with 1e operating conditions specified in the 

permit for the device is ed pursuant to Env-A 600; 

IX) AP-42, Fifth dition, "Compilation of Air Pollutant mission Factors, Volume 1: 

Stationary Point 1d Area Sources", published in 1995 by th EPA, as supplemented from 

1996-2000 a1 updated from2001-2009, in conjunction with he operating conditions 

specified in e permit for the device issued pursuant to Env-A 6 0; or 

~ E1 ineering calculations that are representative ofthe actual e1 iss ions generated, in 

conjw tion with the operating conditions specified in the permit forth device issued pursuant 

toE v-A 600. 

]i!}-) ·the emissions calculated pursuant to (a), above, are determined to be less th none ton per 

year, then 1e owner or operator shall calculate the emission-based fee using an emission-ba ed multiplier 

of one t n per year. 

~ A description of the method used for calculating actual emissions shall be submitted t the 

d mtment with each fee payment. 

Amend Env-A 903. OJ (b), eff 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 903.0 I Applicabilitv. 

(b) The owner or operator of any of the following sources or devices shall not be required to 

comply with the requirements of this pa1t with respect to that device: 
FP 2010-75 Fixed Text 08-30-10 2 

(I) A device that is not subject to Env-A 600, but which is located at a source that is subject 

to Env-A 600; or 

(2) A source or device that is operated pursuant to a permit-by-notification issued pursuant 

to Env-A 603.02. 

Amend Env-A 907. OJ (a), e.ff. 4-21-07 (doc. #8872), cited and to read asfol/ows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

excluding a source Ol' device operated pursuant to a permit-by-notification, shall submit an annual 

emissions report to the department on or before April 15 of the year following the calendar year covered by 

the report. 

Rule Section(s) 

"' A ~no n~ 

Env-A 903.0l(b) 

Env-A 907.0 l(a) 

-

\ 

Edit. As a non-expiring rule, this rule will need to be 

moved to a separate page at the time of adoption. 

APPENDIX 

;-,--. 

State Statute(s) Implemented Federal Statute(s) Implemented 

T.>QA 1~<.L'· 

. ' ' ' 

' 

RSA 125-C:6, XI 

RSA 125-C:6, XI CAA Sec. 182 ., 

' 

' 
AUG 31 ZD10 

CoJ/lseYif 

COVER SHEET FOR FINAL PROPOSAL 

Notice Number _ _::.;20:::l:.::Oc.:-7:.::6 __ 

l. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Rttle Number 

Env-A 2800, Env-A 101.166 (readopted with 

·amendment as Env-A 2802.04); Env-A 1710.04 

(readopted with amendment as Env-A 2806.04) 

2. RSA Authority: 

3. Federal Authority: 

4. Type-o:I'-Aetio&: 

k8J Adopt 

0 Amendment 

0 Repeal 

k8J Readoption 

RSA l25-C:4, l(a) 

N/A 

k8J Readoption w/amendment 

5. Short Title: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources 

6. Contact person for copies and questions: 

Name: Karla McManus 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: 

Phone#: 

ARD Planning and Rules Manager 

(603) 271-6854 

7. Yes 0 No k8J Agency requests Committee legal counsel review and delayed Committee review pursuant 

to RSA 541-A:l2, 1-a 

8. The rulemaking notice appeared in the Rulemaking Register on July 2, 2010 

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

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

9. The "Final Proposal-Fixed Text", including the cross-reference table required by RSA 541-A:3-a, II as an 

appendix. 

10. The full text of the RSA passage granting rulemaking authority. 

1 l. Yes 0 N/A k8J Incorporation by Reference Statement(s) because this rule incorporates a document by 

reference for which an Incorporation by Reference Statement is required pursuant to 

RSA 541-A:l2, III. 

· 12. Yes k8J 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, Il(e). 

13. Yes 0 N/A k8J 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:S,. 

VI. 
ADOPTED RULE 
FP 2010-74 Adopted 09-22-10 1 

Readopt with amendments Env-A 603.01, eff. 7-28-04 (doc. #8129), to read as follows: 

Env-A 603.01 Permit Required. 

(a) No person shall cause or allow the construction or installation of a new or modified stationary 

source, area source, or device as specified in Env-A 607.01, which is required to hold a temporary permit in 

accordance with the provisions of this chapter, without having applied for and been issued a temporary permit. 

(b) No person shall cause or allow the operation of an existing stationary source, area source, or device 

as specified in Env-A 608.01, which is required to hold a state permit to operate in accordance with the 

provisions of this chapter, without having applied for and been issued a state permit to operate. 

(c) No person shall cause or allow the operation of a stationary source, area source, or device, which is 

required to hold a title V operating permit pursuant to Env-A 609.01 in accordance with the provisions of this 

chapter, without having applied for and been issued a title V operating permit. 

(d) The owner or operator of a nonmajor stationary source, area source, or device that is eligible to be 

installed and operated pursuant to a permit-by-notification as specified in Env-A 603.02(a) shall be exempt 

from any other permitting requirement in this chapter if a permit-by-notification is obtained as specified in 

Env-A 603.02(b). 

Adopt Env-A 603.02 to read as follows: 

Env-A 603.02 Permit-by-Notification. 

(a) A non-metallic mineral processing plant as defined in Env-A 2802.03 that is not a major source 

shall be eligible to be installed or operated pursuant to a permit-by-notification. 

(b) To install or operate a non-metallic mineral processing plant pursuant to a permit-by-notification, 

the owner or operator shall comply with Env-A 2806. 

Readopt with amendments Env-A 605.03 and Env-A 605.04, eff. 4-26-03 (doc. #7879 ), to read as follows: 

Env-A 605.03 Proof of Legal Authority. Where the applicant is not the legal owner of the source or device 

that is the subject of the application, a copy of the agency agreement authorizing the applicant to act on behalf of 

the owner for purposes of the application shall be filed as part of the application for a permit. 

Env-A 605.04 Certification of the Responsible Official. 

(a) An application form, report, or compliance certification filed with the department pursuant to this 

chapter shall contain a written statement certifying the truth, accuracy, and completeness of the document and 

shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the 

best of the responsible official's knowledge and belief formed after reasonable i'nquiry, the statements and 

information in the document are true, accurate, and complete. 

(b) Within 30 days of any change in the identity of the responsible official, the applicant, or the owner 

or operator, the owner or operator shall file with the department an ARD-1 form containing the information 

specified in Env-A 1703.01(b)(l) through (b)(7) and the signed certification statement specified in Env-A 

1703.0l(c). 

Amend Env-A 606.02(b), eff. 4-26-03 (doc. #7879), cited and to read as follows: 

Env-A 606.02 Applicability. 

(b) An owner or operator of one of the following stationary sources, area sources, or devices shall be 

exempt from the requirement to perform an air pollution dispersion modeling impact analysis: 

(1) An emergency generator subject to Env-A 1211.11 or successor rule in Env-A 1300, where 
FP 2010-74 Adopted 09-22-10 2 

the hours of operation are limited to 500 hours per year or less by an enforceable permit condition; 

(2) An emergency generator exempt from Env-A 1211.11 pursuant to Env-A 12ll.Ol(j) or 

successor rule in Env-A 1300; or 

(3) A non-metallic mineral processing plant equipped with dust suppression controls operated to 

prevent, abate, and control the emission of fugitive dust. 

Readopt with amendments Env-A 606.03, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 606.03 Responsibility for Conducting Air Pollution Dispersion Modeling Impact Analysis. 

Where the owner or operator is required to perfotm an air pollution dispersion modeling analysis according to 

this part, the owner or operator shall file with the department as part of the permit application one of the 

following: 

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Amend Env-A 607.01, eff. 4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended 4-22-09 (doc. 

#9462), by amending Env-A 607.01 intra, (a) through (d), and (x), to read as follows: 

Env-A 607.01 Specific Applicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device shall obtain a temporary permit in accordance with the provisions of this chapter 

prior to the construction or installation of the source or device if the source or device is any of the following: 

(a) An external combustion device with a design gross heat input greater than or equal to 10,000,000 

British thermal units (BTUs) per hour that combusts: 

(I) Gaseous fuel, as defined in Env-A 1211.02(s) or successor rule in Env-A 1300; 

(2) Liquefied petroleum gas; 

(3) Distillate weight liquid fuel, including but not limited to #2 fuel oil or diesel fuel oil; or 

(4) Any combination of (1) through (3), above; 

(b) An external combustion device with a design gross heat input greater than or equal to 4,000,000 

BTUs per hour that combusts #4 fuel oil; 

(c) An external combustion device with a design gross heat input greater than or equal to 2,000,000 

BTUs per hour that combusts: 

(1) Solid fuel; 

(2) Residual weight liquid fuel, including but not liroJted to #6 fuel oil; 

(3) Used oil as defined in Env-A 101.209; or 

(4) Any combination of (1) through (3), above; 

(d) One or more internal combustion devices at a source where: 

(I) Each device combusts liquid fuel oil and has a design gross heat input greater than 150,000 

BTUs per hour, and the combined total design gross heat input for all such devices is greater than 

or equal to 1,500,000 BTUs per hour; or 

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input 

greater than 1,500,000 BTUs per hour, and the combined total design gross heat input of all such 

devices is greater than or equal to 10,000,000 BTUs per hour; 
FP 2010-74 Adopted 09-22-10 3 

(x) A stationary source or device subject to the rules governing reasonably available control 

technology (RACT) as contained in: 

(1) Env-A 1211 or successor rules in Env-A 1300, for NOx emissions; or 

(2) Env-A 1204 or successor rules in Env-A 1200, for VOC emissions, except for any source 

whose solvent metal cleaning operations have combined actual emissions of less than 5 tons of 

VOCs per year; 

Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.02 Timely Application. 

(a) For an initial temporary permit, an application shall be considered timely if it is filed with the 

department prior to the construction or installation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is filed 

with the department at least 90 days prior to the designated expiration date of the temporary permit. 

Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read as follows: 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a t~mporary 

permit shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) For a major source, all information specified in Env-A 1709; 

(d) For a major source of hazardous air pollutants subject to 112(g) of the Act, all information required 

pursuant to 40 CFR 63.43(e); 

(e) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(f) For a source subject to RSA 125-C:10-b, the information required pursuant to Env-A 624; 

(g) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(h) For a source with air pollution control equipment as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.06 Application Deficiencies. 

(a) Any applicant who fails to file any relevant or required information or who has filed incorrect 

information in an application for a temporary permit shall, upon becoming aware or being notified by the 

department of such failure or incorrect filing, file in writing with the department such supplementary facts or 

corrected information no later than 30 days after such discovery or notification. 
FP 2010-74 Adopted 09-22-10 4 

(b) While processing an application that has been deemed complete, if the department requests 

additional information in order to evaluate or take final action on that application, the information shall be 

filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc. #7879), as amended eff. 7-28-04 (doc. #8/29), 

cited and to read as follows: 

Env-A 607.08 Permit Expiration. 

(a) The expiration date of each temporary permit shall be 18 months after the date of its issuance. 

(b) The temporary permit shall be in effect until the designated expiration date, unless revoked or 

suspended at an earlier date by the department pursuant to RSA 125-C:l3. 

(c) Unless reissued in accordance with Env-A 607.09, a temporary permit shall expire on the 

expiration date listed on the temporary permit. 

(d) Except as provided in (e), below, the expiration of a temporary permit shall terminate the owner or 

operator's right to construct or operate a new or modified source or device pursuant to the permit. 

(e) For a source or device that has completed construction and demonstrated compliance through 

testing, if applicable, and for which a timely and complete application for a state permit to operate, title V 

operating permit, or an amendment thereto, has been filed with the department, the right to operate shall 

continue under the terms and conditions of the expired temporary permit pending the department's decision on 

the application. 

Readopt with amendments Env-A 607.10, eff. 4-26-03 (doc. #7879 ), to read as follows: 

Env-A 607.10 Application Shield: Temporary Permits. 

(a) If an applicant files a timely application that has been deemed complete by the department for the 

reissuance of a temporary permit or the issuance of an initial state permit to operate, the failure to have a 

current and valid temporary permit shall not be considered a violation of RSA 125-C: 11, I or Env-A 607.01 

unless and until the department denies the requested reissuance and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:l2, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete, but requests additional information pursuant to 

Env-A 607.06(b), the protection granted in (a), above, shall cease to apply when the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 608. OJ through Env-A 608.03, eff. 4-26-03 (doc. #7879 ), to read as follows: 

Env-A 608.01 Specific Applicability. The owner or operator of any stationary source, area source, or 

device specified in Env-A 607.01 shall file a timely application for, and obtain, a state permit to operate in 

accordance with the provisions of this chapter. 

Env-A 608.02 Timely Application. 

(a) For a source or device that has been issued a temporary permit, completed construction, and 

demonstrated compliance through testing, an application for a state permit to operate shall be considered 

timely if it is filed with the department at least 90 days prior to the designated expiration date of the temporary 

permit. 
FP 2010-74 Adopted 09-22-10 5 

(b) For a source or device that has been issued a state permit to operate, an application for the renewal 

of such permit shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the current state permit to operate. 

Env-A 608.03 Application Procedures For State Permits to Operate. An application package for a state 

permit to operate shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(c) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606,03; 

(d) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(e) For a source with air pollution control equipment, as defined in Env-A I 01.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(f) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Readopt with amendments Env-A 608.05 and Env-A 608.06, eff. 4-26-03 (doc, #7879 ), to read as follows: 

Env-A 608.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, within 

60 days of receipt of an application filed by an applicant, the department shall notify the applicant that said 

application is deemed complete, or shall request that the applicant file information with the department ln 

accordance with Env-A 608.06(a). 

Env-A 608.06 Application Deficiencies. 

(a) Any applicant who fails to file any required information or who has filed incorrect information in 

an application for a state permit to operate shall, upon becoming aware or being notified by the department of 

such failure or incorrect filing, file in writing with the department such supplementary facts or corrected 

information no later than 30 days after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the department requests 

information in order to evaluate or take final action on that application, the department shall request such 

information be filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 608.08, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.08 Permit Expiration. 

(a) The state permit to operate permit shall be in effect until the designated expiration date, unless 

sooner revoked or suspended by the department pursuant to RSA 125-C:l3. 

(b) The expiration of a state permit to operate shall terminate the right to operate under the permit 

unless a timely and complete renewal application has been filed with the department. 

(c) After a timely and complete application for renewal is filed with the department, the owner or 

operator may continue to operate under the terms and conditions of the expired state permit to operate until 

the department has taken final action on the renewal application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(1) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C: 12, III; or 
FP 2010-74 Adopted 09-22-10 6 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 608.10, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 608. lO Permit Renewal. 

(a) The owner or operator shall file with the department an application for permit renewal at least 90 

days prior to the designated expiration date of the existing state permit to operate. 

(b) The owner or operator shall pay to the department any applicable fee as established in Env-A 700 

with the application for petmit renewaL 

Readopt with amendments Env-A 608.12, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.12 Application Shield: State Permits to Operate. 

(a) If an applicant files a timely application for a state permit to operate which the department has 

deemed complete, the failure to have a current state permit to operate shall not be considered a violation of 

RSA 125-C: 11 ,I, or Env-A 608.01, unless and until the departmeut denies the requested permit and: 

(!) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete but requests additional information pursuant to 

Env-A 608.06(b), the protection granted in (a), above, shall cease to apply if the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Readopt with amendments Env-A 609.06 through Env-A 609.08, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.06 Application Procedures For Title V Operating Permits. 

(a) The owner or operator of any source or device required to obtain a title V operating permit 

pursuant to Env-A 609.01 shall file an application for such permit with the department. 

(b) The application shall include the following: 

(!) Complete application forms provided by the department as described in Env-A 1703 through 

Env-A 1708; 

(2) All information specified in Env-A 1709; 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(4) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(5) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(6) For a source with air pollution control equipment as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or·catalyst management plan pursuant to Env-A 810.01; and 

(7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, 

and permits, as specified in Env-A 810.02. 
FP 2010-74 Adopted 09-22-10 7 

(c) The owner or operator shall present the information required under this section in sufficient detail 

for the department to evaluate the subject source and the application to determine all applicable requirements. 

(d) Upon filing an application for a title V operating permit with the department, the applicant shall 

forward a copy of the items identified in (b)(l) and (b)(2), above, to the EPA. 

Env-A 609.07 Timely Application. 

(a) For an initial title V operating permit, an application shall be considered timely if it is filed with 

the department according to the following schedule: 

(I) Subject to (2), below, each source that becomes subject to the title V program after June 30, 

1995 shall file a title V operating permit application no later than 12 months after becoming 

subject to the title V program or commencing operation pursuant to a temporary permit; 

(2) Each major source required to meet the requirements of section 112(g) of the Act or to have a 

permit under the preconstruction review program approved as part of the New Hampshire SIP 

under parts C or D of title I of the Act, shall file a permit application to obtain a title V operating 

permit or title V operating permit revision within 12 months of commencing operation; and 

(3) Any source that becomes subject to the provisions of section 1120) of the Act shall file a title 

V operating permit application in accordance with the provisions of section 1120) and 40 CFR 

63.50 through 63.56. 

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is filed 

with thedepartment at least 6 months prior to the designated expiration date of the current title V operating 

permit. 

Env-A 609.08 Application Shield: Title V Operating Permits. 

(a) If an applicant files a timely and complete application for the issuance or renewal of a title V 

operating permit, the failure to have a title V operating permit shall not be considered a violation of this part 

unless and until the department denies the requested permit and: 

(I) The applicant does not appeal the denial within the time specified in RSA 125-C: 12, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to file in writing any 

information requested by the department pursuant to Env-A 609.12, by the deadline specified. 

Readopt with amendmenrs Env-A 609.12, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.12 Application Deficiencies. 

(a) An applicant who fails to file any required information or who has filed incorrect information in 

any permit application shall, upon being notified by the department or otherwise becoming aware of such 

failure or incorrect filing, file in writing to the department such supplementary facts or corrected information 

no later than 30 days after such discovery or notification. 

(b) Prior to the date of release of the draft permit, an applicant shall provide supplemental information 

to the department as necessary to address any applicable requirements to which the source becomes subject 

after the date the application has been deemed complete. 

(c) Pursuant to 40 CFR 70.5, if the department determines that additional information is necessary in 

order to evaluate or to take final action on that application while processing an application that has been 
FP 2010-74 Adopted 09-22-10 8 

previously deemed complete, the department shall request that such information be filedin writing, and specify 

the date by which it shall be filed. 

Readopt with amendments Env-A 609.15, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.15 Permit Expiration. 

(a) A title V operating permit shall be in effect until the expiration date unless the department 

suspends the permit in accordance with the provisions of RSA 125-C: 13 and Env-A 609.19. 

(b) The expiration of a title V operating permit shall terminate the owner or operator's right to operate 

under the permit unless the owner or operator files a timely and complete renewal application with the 

department. 

(c) After a timely and complete renewal application is filed with the department, the owner or operator 

may continue to operate under the terms and conditions of the expired title V operating permit until the 

department has taken final action on the renewal of the application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(1) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C: 12, Ill; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 609.18, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.18 Criteria for Permit Renewal. 

(a) The department shall determine permit conditions under which a title V operating permit shall be 

renewed based on: 

(1) All definitions and requirements of Env-A 100 et §f!!. and the Act; and 

(2) The owner or operator's compliance status with the conditions of the existing permit and all 

applicable requirements ofEnv-A 300 tl§fl!· and the Act. 

(b) The department shall take final action on a permit renewal of a title V operating permit by issuing a 

permit renewal only if: 

(1) The owner or operator has filed a timely and complete application for renewal with the 

department, which includes: 

a. All fees specified in Env-A 702 through Env-A 705, as applicable; 

b. Proof of source ownership or permissible use, as specified in Env-A 605.02; and 

c. Where air pollution dispersion modeling is required for a source or device pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; 

(2) The requirements for public participation specified in Env-A 622 have been satisfied; 

(3) The requirements for notifying and responding to affected states as specified in Env-A 

622.03, have been satisfied; 

( 4) The conditions of the proposed title V operating permit provide for compliance with all 

requirements of Env-A 300 et seq. and the Act; and 
FP 2010-74 Adopted 09-22-10 9 

(5) The EPA has received a copy of the proposed title V operating permit and any notices 

required, and has not objected to the issuance of such permit within the time peiiod specified in 40 

CFR 70.8(c). 

Readopt with amendments Env-A 610.03, eft. 7-28-04 (doc. #8129), as amended eft. 4-3-08 (doc. #9119-B), to 

read as follows: 

Env-A 610.03 Definition. For the purpose of this part, the following definition shall apply: 

(a) "Emergency generator" means "emergency generator" as defined in Env-A 101. 

Readopt with amendments Env-A 610.04, eff 7-28-04 (doc. #8129), to read as follows: 

Env-A 610.04 Source Categories for General State Permits. 

(a) Source categories shall be established by the department using the criteria in Env-A 610.05(b)(3). 

(b) An internal combustion engine used as an emergency generator that operates no more than 500 

hours per year during any consecutive 12-month period shall be a source category for a general state permit. 

Readopt with amendments Env-A 610.05, eft. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.05 Petitions to Establish Source Categories for General State Permits. 

(a) Any person may petition the department pursuant to RSA 541-A:4 to establish a new source 

category for a general state permit. 

(b) The petition under (a), above, shall contain the following: 

(1) A statement that the petition is for the establishment of a source category for a general state 

permit; 

(2) The title and description of the source category being proposed; and 

(3) Information that shows that the proposed source category meets the following criteria: 

a. The stationary source, area source, or devices that would be covered by the proposed 

source category meet the specific applicability·requirements for a state permit to operate in 

accordance with the provisions of Env-A 608; 

b. More than one stationary source, area source, or device would be covered by the proposed 

source category; and 

·c. The stationary sources, area sources, or devices that would be covered by the proposed 

source category are all subject to the same regulatory requirements. 

(c) Within 10 days of the receipt by the department of the petition filed by the petitioner, the 

department shall notify the petitioner that the information is complete, or identify the information necessary to 

complete the petition and request that such information be filed within 30 days of such request. 

Readopt with amendments Env-A 610.08 and Env-A 610.09, eft. 7-28-04 (doc. #8129 ), to read as follows: 

Env-A 610.08 Procedures for Registering to Operate Under a General State Permit. 

(a) Once a general state permit has been developed for a particular source category, the owner or 

operator of a stationary source, area source, or device seeking to operate under the general state permit shall 

file a registration package as described in (b), below, with the department. 
FP 2010-74 Adopted 09-22-lO lO 

(b) The registration package shall contain the following: 

(l) The information specified in Env-A 1710, as applicable; 

(2) The fee(s) specified in Env-A 702through Env-A 705, as applicable; and 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02. 

Env-A 610.09 Department Review of Registration Package. 

(a) The department shall review each registration package for a general state permit to ensure 

complete and accurate information is filed in accordance with Env-A 610.08. 

(b) If the department finds the registration package to be complete and accurate, within 15 days of 

receipt by the department of the registration package filed by the source, the department, pursuant to RSA 

125-C: II and RSA 125-C: 13, shall issue either: 

(l) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

(c) If the department finds the registration package to be incomplete, inaccurate, or unclear, within 15 

days of receipt by the department of the registration package filed by the source, the department shall issue 

either: 

(I) A letter requesting supplementary facts or couected information in accordance with (d), 

below; or 

(2) A letter requesting clarification of the information submitted in accordance with (e), below. 

(d) An owner or operator who has filed a registration package in accordance with Env-A 610.08 and 

who fails to file any required information or who has filed incorrect information for a general state permit 

shall, upon becoming aware of or being notified by the department of such failure or inconect submittal, file 

with the department such supplementary facts or corrected information in writing no later than 30 days after 

the discovery or notification. 

(e) If the department requests clarification from the owner or operator of the information filed in 

accordance with Env~A 610.08, the owner or operator shall file the information in writing within 30 days of 

receipt of the request. 

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department's receipt 

of the registration package filed by the source, the department, in accordance with RSA 125-C:ll and RSA 

l25-C:l3, shall issue either: 

(1) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

Readopt with amendments Env-A 610.13 and Env-A 610.14, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.13 Expiration Date And General State Permit Reestablishment Procedures. 

(a) Each general state permit shall be: 

(I) Established for a period of 5 years; and 

(2) Reestablished in accordance with the procedures for the reestablishment of a general state 
FP 2010-74 Adopted 09-22-10 11 

permit specified in Env-A 620. 

(b) The department shall notify each owner or operator of the outcome of the reestablishment process 

in writing. 

(c) If the general state permit is not reestablished, the owner or operator of a source operating under an 

existing general state permit shall file an application with the department for a state permit to operate pursuant 

to Env-A 608 within 90 days of being notified by the department that the general state permit was not 

reestablished. 

(d) If the general state permit is reestablished, the owner or operator of a source operating under an 

existing general state permit shall file a request for with the department re-registration in accordance with 

Env-A 610.08, within 90 days after the department has reestablished the general state permit. 

(e) If a general state permit expires prior to the department reestablishing the general state permit, the 

department shall: 

(1) Extend the expiration date of the general state permit for a period of not more than one year; 

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the 

extension of the expiration date of the general state permit; and 

(3) Notify each owner or operator operating under the general state permit regarding the 

extension of the general state permit. 

Env-A 610.14 Sources Choosing to Comply with the State Permits to Operate Program. At any time, an 

owner or operator of a stationary source1 area source 1 or device operating under a general state permit may 

choose to comply instead with a state permit to operate by: 

(a) Filing an application in accordance with Env-A 608; and 

(b) Filing a written request with the department stating that the facility chooses to be covered under 

the state permit to operate program. 

Readopt with amendments Env-A 610.16, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.16 Application Procedures For General Permits Under Title V. 

(a) The owner or operator of a source qualifying for a general permit shall file an application with the 

department for a general permit. 

(b) The application shall include: 

(1) Complete application forms as described in Env-A 1703 through Env-A 1708, as applicable, 

and provided by the department; 

(2) All information specified in Env-A 1709, if applicable; 

(3) All additional information necessary to determine qualification for, and to ensure compliance 

with, the general permit; 

(4) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(5) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 
FP 2010-74 Adopted 09-22-10 12 

Readopt with amendments Env-A 612.01, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 612.01 Administrative Permit Amendments. 

(a) The owner or operator may implement the changes addressed in the request for an administrative 

amendment immediately upon filing the request with the department. 

(b) The department shall take final action on a request for an administrative amendment within 60 days 

of receipt by the department of a request filed pursuant to (a), above, and shall, in the case of title V operating 

permits, submit a copy of the revised permit to EPA. 

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be 

required, provided that the department designates any such permit revisions as having been made pursuant to 

this section. 

Readopt with amendments Env-A 612.03 through Env-A 612.05, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator of a source or device shall file with the department a request for a minor 

permit amendment for any proposed change to an existing permit condition which will not result in an 

increase in the amount of a specific air pollutant currently emitted by the source or device and will not result 

in the emission of any regulated air pollutant or regulated toxic air pollutant currently not emitted by the 

source or device. 

(b) The request for a minor permit amendment shall: 

(1) Be in the form of a letter to the department; 

(2) Describe the proposed change; and 

(3) Describe any new requirements that will apply if the change occurs. 

(c) The department shall take final action on a request for a minor permit amendment within 90 days 

of receipt of a request filed pursuant to (a) and (b), above. 

(d) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit amendment with the department. 

Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator shall file an application to the department for a significant permit 

amendment for any proposed change to the physical structure or operation of the source or device covered by 

the temporary permit or state permit to operate which increases the amount of a specific air pollutant currently 

emitted by such source or device or which results in the emission of any regulated air pollutant currently not 

emitted by such source or device or not covered by the permit for the source or device. 

(b) A request for a significant permit amendment shall include the following: 

(1) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable 

and provided by the department, containing all pertinent information with regard to the amendment 

including, if applicable, the information specified in Env-A 1709; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(3) A description of: 

a. The proposed change; 

b. The emissions resulting from the change; and 
FP 2010-74 Adopted 09-22-10 13 

c. Any new requirements that will apply if the change occurs; and 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03. 

(c) The department shall take final action on a request for a significant permit amendment within 90 

days of receipt by the department of a request filed pursuant to (a) and (b), above, provided that the public 

notice and hearing procedures specified in Env-A 621 have been satisfied. 

(d) The owner or operator shall not implement the proposed change unless and until the department 

issues the amended permit. 

Env-A 612.05 Minor Modifications: Title V Operating Permits. 

(a) Prior to implementing a minor title V operating permit modification, the owner or operator shall 

file a written request to the department for a minor permit modification for those changes that qualify as minor 

permit modifications under this section. 

(b) For a source or device that has been issued a temporary permit, an application fora minor permit 

modification shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the temporary permit. 

(c) The request for a minor permit modification shall include the following: 

(!) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the information specified in Env-A 1709; 

(2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(3) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

c. Any new requirements that will apply if the change occurs; 

(4) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; 

(5) The owner or operator's proposed draft permit conditions; 

(6) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the minor permit modification procedures; 

(7) A request that minor permit modification procedures be used; and 

(8) For use by the department in notifying EPA and affected states, 2 additional copies of the 

information required by (1), above. 

(d) Within 5 working days of the receipt by the department of a request filed pursuant to (a)-( c), above, 

for a minor permit modification to a title V operating permit, the department shall notify EPA and any 

affected state(s) of the request. 

(e) The department shall not make a final decision on a requested permit modification to a title V 

operating permit until after EPA's 45-day review period or until EPA has notified the department that EPA 

will not object to the permit modification, whichever comes first. 
FP 2010-74 Adopted 09-22-10 14 

(f) By the later of 90 days from receiving an application filed pursuant to (a) - (c), above, or 15 days 

after the end of EPA's 45-day review period, the department shall: 

( 1) Issue the requested permit modification if it meets the requirements of this section; 

(2) Deny the requested permit modification if it does not meet the requirements of the section; 

(3) Determine that the requested modification does not qualify as a minor permit modification 

and review the request under the significant permit modification procedures in Env-A 612.06; or 

(4) Revise the draft permit to the extent that it does not meet the requirements of this section and 

send to EPA and to the applicant the new proposed permit modification. 

(g) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit modification with the department. 

(h) Pending final action on the permit modification by the department, the owner or operator shall 

comply with both the applicable requirements governing the change and the proposed permit conditions. 

(i) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. 

Amend Env-A 612.06(c), (e) and (f), eft. 4-26-03 (doc. #7879), amended eft. 7-28-04 (doc. #8129), cited and to 

read as follows: 

Env-A 612.06 Significant Permit Modifications: Title V Operating Permits. 

(e) Prior to implementing a significant permit modification, the owner or operator shall file a written 

request with the department for a significant permit modification which includes the following: 

(1) An application form, provided by the department as described in Env-A 1703 through Env-A 

1708, as applicable, containing all information pertinent to the modification, including, if 

applicable, the supplemental information specified in Env-A 1709; 

(2) A description of: 

a. The change; 

b. The emissions resulting from the change; and 

c. Any new applicable requirements that will apply if the change occurs; 

(3) The owner or operator's suggested draft permit conditions; 

(4) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be used; 

(6) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Env-A 606.03; and 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(e) An application for a significant modification to a title V operating permit shall be deemed 

complete by the department within 60 days of its filing, unless the department requests additional information 

or otherwise notifies the applicant of incompleteness. 

(f) The department shall take final action on a request for significant permit modification no later than 

9 months after the filing of a complete application provided that: 
FP 2010-74 Adopted 09-22-10 15 

(1) The procedures for public participation specified in Env-A 622 have been satisfied; 

(2) The requirements for notifying and responding to affected states specified in Env-A 622.03 

have been satisfied; 

(3) The conditions of the permit provide for compliance with all applicable requirements of title 

V of the Act and all applicable requirements of Env-A 300 ~ ~.; and 

(4) The EPA has received a copy of the proposed permit and any notices required and has not 

objected to issuance of the significant permit modification within the time period specified in EnvA 609.13(b). 

Readopt with amendments PART Env-A 616, eff 4-26-03 (doc. #7879), to read as follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 616.01 Determination of Actual Emissions. The owner or operator of a stationary source, area 

source, or device shall determine the actual annual emissions from the source or device as specified in Env-A 

705.02. 

Amend Env-A 617.01 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions of Env-A 603.01(a) or (b), a temporary permit or a state permit to operate shall not be required 

for any research and development operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, an~a source, or device as a research and development operation, and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

(b) The owner of a new stationary source, area source, or device filed a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation, and has received 

a writtell determination rrom the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

Amend Env-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.02 Exception to Obtaining a Title V Operating Permit. Notwithstanding the provisions of 

Env-A 603.0l(a) or (b), a title V operating permit shall not be required for any research and development 

operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device files a written request with the 

department to treat the stationary source, area source, or device as a research and development operation and 

receives a written determination from the department that the stationary source, area source, or device meets 

the definition of a researclumd development operation according to the requirements found in (c) through (q), 

below; 

(b) The owner of a new stationary source, area source, or device files a written request with the 

department prior to the construction, installation, or operation of the stationary source, area source, or device 

to treat the stationary source, area source, or device as a research and development operation and receives a 

written determination from the department that the stationary source, area source, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (q), 
FP 2010-74 Adopted 09-22-10 16 

below; 

Amend Env-A 618.05 intra, (b), and (d), ejf. 4-26-03 (doc. #7879), to read as follows: 

Env-A 618.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented in accordance with the following procedure: 

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall file with 

the department documentation verifying that the offset donor source(s) has obtained a federally enforceable 

permit, or other federally enforceable document, for the emissions reduction control measures pertaining to 

the offset(s) for which the new or modified source is seeking approval; 

(d) Documentation required pursuant to the provisions of this section shall be filed as part of the 

permit application, as required under Env-A 600; and 

Readopt with amendment Env-A 619.05, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 619.05 Department Review. 

(a) Within 30 days of receipt of an application, the department shall notify the applicant as to the 

completeness of the application or any deficiency in the application or information submitted. 

(b) In the event of a deficiency in an application, the date of filing of the application for purposes of 

(c), below, shall be the date on which the department receives all required information. 

(c) Within one year after the filing of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.21G)- (p). 

Amend Env-A 620.05(d), ejf. 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 620.05 Decisions. 

(d) In the event the department determines that additional information is necessary to make an 

informed decision, the department shall request such information and issue a decision in accordance with 

(a)(l) or (a)(2), above, within 15 days of receiving such information. 

Amend Env-A 621.07(a) and (b), ejf. 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 621.07 Public Access to Information. 

(a) If the applicant is not a municipality, the applicant shall file 2 copies of the permit application with 

the department. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 622.04(a) intro and (1), eff 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(I) A copy of the permit application or, upon agreement with EPA, a summary thereof, unless the 

applicant has filed a copy of the permit application with EPA pursuant to Env-A 609.06(d); 
FP2010-74 Adopted 09-22-10 17 

Amend Env-A 622.06(a) and (b), eff 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall file 2 

copies of the permit application with the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

Amend Env-A 624.03(c), e[f. 6-8-06 (doc. #8654), cited and to read as follows: 

Env-A 624.03 Permit Application Required. 

(c) The owner or operator of a source subject to (b), above, shall file a timely application for and 

obtain a title V operating permit or amendment thereof in accordance with Env-A 609 or Env-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) State or Federal Statute I Federal Regulation Implemented 

Env-A 603.01 RSA 125-C:ll; RSA 125-1:5 

Env-A 603.02 RSA 125-C:6, XIV 

Env-A 605.03 RSA 125-C: 12, I 

Env-A 605.04 RSA 125-C:12, I; 42 U.S.C.§7661b(b) & (c); 40 CFR §70.6(d) 

Env-A 606.02(b); Env-A 606.03 RSA 125-C:11, II & IV; RSA 125-I:5; V; 42 U.S.C. §7410(a)(2)(K) 

Env-A 607.01 intra, (a)-( d), (x) RSA 125-C: 11 

Env-A 607.02 RSA 125-C:ll 

Env-A 607.03 RSA 125-C:4, I( a) 

Env-A 607.06 RSA 125-C:12, I 

Env-A 607.08 RSA 125-C:11, II; RSA 125-C:13; 40 CFR §52.21(r)(2) 

Env-A 607.10 RSA 125-C: 11 

Env-A 608.01 - Env-A 608.02 RSA 125-C: 11 

Env-A 608.03 RSA 125-C:12, I 

Env-A 608.05-Env-A 608.06 RSA 125-C:12, I 

Env-A 608.08 RSA 125-C:ll, III; RSA 125-C:l3 

Env-A 608.10(a) RSA 125-C: 12, I 

Env-A 608.1 O(b) RSA 125-C:12, IV 

Env-A 608.12 RSA 125-C: 11 

Env-A 609.06 RSA 125-C: 12, I; ; 42 U.S.C. §7661a(b); 40 CFR §70.5 

Env-A 609.07 RSA 125-C:ll, I-a; 42 U.S.C. §7661b(c); 40 CFR §70.5(a)(l) 

Env-A 609.08(a) RSA 125-C:11, I-a; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.08(b) RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.12 RSA 125-C:12, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(b) 

Env-A 609.15 RSA 125-C:11, I-a; 42 U.S.C. §7661b(d); 40 CFR §70.7(b) & (c) 

Env-A 609.18(a) RSA 125-C: 11, I-a; 42 U.S.C. §7661a(b)(5)(C); 40 CFR §70.7(c) 

Env-A 609 .18(b) RSA 125-C:12, II & IV; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(c) 

I 
FP 2010-74 ilcloptecl 09-22-10 18 

Env-A 610.03 - Env-A 610.05, 

Env-A 610.08, Env-A 610.09, RSA 125-C:6, XIV; RSA 125-C:11, I & III 

Env-A 610.13 

Env-A610.14; Env-A610.16 RSA 125-C:6, XIV; RSA 125-C:11, 1-a; 42 U.S.C. §7661c(d); 

40 CFR §70.6(d) 

Env-A 612.01 RSA 125-C:12, II; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(d)(3) 

Env-A 612.03 RSA 125-C:6, XIV; RSA 125-C:12, I 

Env-A 612.04 RSA 125-C:ll, I; RSA 125-C:12, I 

Env-A 612.05 RSA 125-C:11, !-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(2) 

Etw-A 612.06(c), (e), & (f) RSA 125-C:11, !-a; 42 U.S. C. §7661a(b)(6); 40 CFR §70.7(e)(4) 

Env-A 616.01 RSA 125-C: 12, I 

Env-A 617.01 intro, (a), & (b) RSA 125-C: 11, I 

Env-A 617.02 intro, (a), & (b) RSA 125-C:ll, !-a; 42 U.S.C. §7661(2); 42 U.S.C. §7661a(a) 

Env-A 618.05 intro, (b), & (d) RSA 125-C: 11, IV; 42 U.S.C. §§7503(c) & 75 11a(c)(l0); 

40 CFR §51.165(a)(3) 

Env-A 619.05 RSA 125-C:4, l(j); 42 U.S.C.§7475(d); 40 CFR §51.166 

Env-A 620.05(d) RSA 125-C: 12, II 

Etw-A 621.07(a) & (b) RSA 125-C: 12, II 

Env-A 622.04(a) intro & (a)(l) RSA 125-C:12, II; 42 U.S.C. §7661d(a)(l); 40 CFR §70.8(a) 

Env-A 622.06(a) & (b) RSA 125-C:12, II; 42 U.S.C. §7661b(e); 40 CFR §70.7(h) 

Env-A 624.03(c) RSA 125-C:4, I( a); RSA 125-C: 10-b, I( a) 
FP 2010-75 Adopted 09-22-10 

lopt Env-A 702.04 to read as follows: 

ov-A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, · ea 

source, r device that applies for a permit-by-notification pursuant to Env-A 603.02 shall sub · to the 

departme a fee of $1,000 with the permit application. 

Readopt with nendments Env-A 705.02, eff 6-26-04 (doc.#8111 ), to read as follows: 

Env-A 705. 

(]{2 The owne or operator of a stationary source, area source, or device ·equired to pay an 

emission-based fee shal etennine actual annual emissions by using the met! d from the following Jist that 

uses the most accurate ava· able data: 

J;4 Emissions c a from a certified gaseous CEM syster meeting the requirements of Env-A 

808, which includes ·ubstitute data in accordance withE v-A 808.13 for each period for which 

the CEM system did n collect valid data; 

s>Q Emission factors bas don emissions data fr m the most recently conducted compliance 

method stack test observed a approved by the epartment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjunction ith the oper mg conditions specified in the permit for the 

device issued pursuant to Env-A 0; 

~ Emissions calculated from a ma 

operating conditions specified in the er 

alance of the process, in conjunction with the 

it for the device issued pursuant to Env-A 600; 

j?EQ Emission factors based on ternate e1 issions data guaranteed by the manufacturer of the 

device, certified by EPA as ac Jrate for the de ice, or collected during a stack test of an 

jdentical device that was no observed by the de rtment, that meets all other acceptance 

criteria specified in (2), a ve, in conjunction with e operating conditions specified in the 

permit for the device is ed pursuant to Env-A 600; 

~ AP-42, Fifth dition, "Compilation of Air Pollutan Emission Factors, Volume 1: 

Stationary Point d Area Sources", published in 1995 by t e EPA, as supplemented from 

1996-2000 a ·updated from 2001-2009, in conjunction wit the operating conditions 

specified in e permit for the device issued pursuant to Env-A 0; or 

~ Er ineering calculations that are representative of the actual issions generated, in 

conjur tion with the operating conditions specified in the permit fort device issued pursuant 

toE v-A 600. 

&!() the emissions calculated pursuant to (a), above, are determined to be less an one ton per 

year, then e owner or operator shall calculate the emission-based fee using an emission-li ed multiplier 

of one t n per year: 

p6)" A description of the method used for calculating actual emissions shall be submitted the 

d partment with each fee payment. 

Amend Env-A 903.0l(b), eff 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 903.01 Applicability. 

(b) The owner or operator of any of the following sources or devices shall not be required to 

comply with the requirements of this part with respect to that device: 
FP 20 I 0-75 Adopted 09-22-10 2 

(I) A device that is not subject to Env-A 600, but which is located at a source that is subject 

to Env-A 600; or 

(2) A source or device that is operated pursuant to a permit-by-notification issued pursuant 

to Env-A 603.02. 

Amend Env-A 907.0J(a), eff 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 907.0 I General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

excluding a source or device operated pursuant to a permit-by-notification, shall submit an annual 

emissions report to the department on or before April 15 of the year following the calendar year covered by 

the report. 

An a or any type of permit other t , era] permit or permit-by-notification shall 

-'-•·~_,o"'rm ARD-1, "General Information for all Permit Applicauo·J=----

APPENDIX 

Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

. , , ' 

- - ' 

Env-A 903.01(b) RSA 125-C:6, XI 

Env-A 907.0l(a) RSA 125-C:6, XI CAA Sec. 182 

: ' 
FP 2010-76 Adopted 09-22-10 

Change the heading of CHAPTER Env-A 2800 as follows: 

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL 

PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA 125-C:4, I 

Change the heading o,fPART Env-A 2801 as follows: 

PART Env-A 2801 PURPOSE AND APPLICABILITY 

Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Env-A 2801.01 Purpose. The purpose of this chapter is to establish: 

(a) Standards for particulate matter emissions and visible emissions for sand and gravel sources, 

non-metallic mineral processing plants, and cement and concrete sources; 

(b) Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, 

and cement and concrete sources; and 

(c) Permit by notification requirements for non-metallic mineral processing plants. 

Readopt with amendments Env-A 2802.01, eff. II -24-04 (doc. #821 8), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A 2801.02 Applicability. This chapter shall apply to any: 

(a) Sand and gravel source; 

(b) Non-metallic mineral processing plant; and 

(c) Cement, ready. mix concrete, or cement block source. 

Change the heading of PART Env-A 2802 as follows: 

PART Env-A 2802 DEFINITIONS 

Adopt Env-A 2802.01 through Env-A 2802.03 to read as follows: 

Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket 

elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an 

affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size 

of nonmetallic minerals embedded in recycled asphalt pavement. 

Env-A 2802.02 "Affected facility" means a non-metallic mineral processing plant other than the 

following: 

(a) A facility located in an underground mine; 

(b) A wet material processing operation; 

(c) A fixed non-metallic mineral processing plant with a capacity of 25 tons per hour or less; 

(d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or Jess; and 

(e) A common clay plant or pumice plant with a capacity of 10 tons per hour or Jess. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment used 

to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, vermiculite. The 

term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, 

convey, size, or blend the processed material. 
FP 20 I 0-76 Adopted 09-22-10 2 

Readopt with amendments Env-A 101.166, eff 1-18-97 (doc. 116428-A), and renumber as Env-A 2802.04, to 

read as .follows: 

Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, 

sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and 

auxiliaries used to dry, mix, convey, size, or blend such materials. The term does not include any 

equipment or activities related to grinding or crushing. 

Adopt Env-A 2802.05 to read as .follows: 

Env-A 2802.05 "Successful compliance test" means a completed test that is performed for the 

purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the 

requirement(s) for which the test is cot1ducted. 

Change the heading of PART Env-A 2803 as .follows: 

PART Env-A 2803 REQUIREMENTS FOR NON-METALLIC MINERAL PROCESSING PLANTS 

Readopt with amendmellts Env-A 2803.01 and Env-A 2803.02, eff 11-24-04 (doc. #8218), and renumber as 

Env-A 2803.01 through Env-A 2803.03, to read as .follows: 

Env-A 2803.0 I Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing 

Plants. 

(a) A non-metallic mineral processing plant that is an affected facility shall comply with the visible 

emission and particulate matter standards specified in 40 CFR 60, subpart 000, regardless of when 

construction, modification, or reconstruction of the plant commenced, provided, however, that the 

differentiation in subpart 000 between affected facilities that commenced construction, modification, or 

reconstruction prior to April 22, 2008 and those that commenced construction, modification, or 

reconstruction on or after April 22, 2008 shall still apply. 

(b) The owner or operator of a non-metallic mineral processing plant that is not an affected facility 

shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an 

average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute 

period at crushers, transfer points, or screens. 

Env-A 2803.02 Compliance Testing Requirements for Non:metallic Mineral Processing Plants. 

(a) The owner or operator of an affected facility shall conduct a successful compliance test on the 

affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date of this 

chapter if the affected facility: 

(!) Is in existence on the 2010 effective date of this chapter; and 

(2) Has never had a successful compliance test prior to that date. 

(b) If an affected facility does not operate during the year following the 2010 effective date of this 

chapter or if specific affected equipment is not used during the year following the 2010 effective date of 

this chapter, the owner or operator shall conduct a successful compliance test on the affected facility or 

specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of achieving 

the maximum production rate at which the affected facility or affected equipment will be operated or 180 

days after startup, whichever is sooner. 

(c) In addition to the compliance test required by (a) or (b), above, the owner or operator of an 

affected facility shall conduct a successful compliance test: 

(1) Within 60 days after changing the method of dust suppression used at the affected facility; 
FP 2010-76 Adopted 09-22-10 3 

(2) Within 60 days after achieving the maximum production rate at which the affected 

equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or 

operator replaces a piece of affected equipment; or 

(3) If the test is otherwise required by 40 CPR 60 subpart 000. 

(d) The owner or operator of an affected facility shall not be required to conduct a compliance test 

solely because the location of the affected facility has changed. 

Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. The 

owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is 

equipped with a fugitive emission control system that is operated and maintained to control the emission of 

particulate matter. 

Readopt PART Env-A 2804, eff 11-24-04 (doc. #8218), to read as follows: 

PART Env-A 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, 

AND CEMENT BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period. 

(h) Opacity shall be determined in accordance with Env-A 807. 

Change the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITNE DUST CONTROL FOR ALL SOURCES 

Readopt with amendments Env-A 2805.01, eff 11-24-04 (doc. #8218), to read as follows: 

Env-A 2805.01 Fugitive Dust Control for All Sources. 

(a) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

dust from vehicular movement within the plant proper1y boundaries by using fugitive dust conlrol methods 

such as paving or wetting the roadways. 

(b) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, 

enclosures, or soil stabilization. 

Add a heading for PART Env-A 2806 as follows: 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806.01 through Env-A 2806.03, to read asfollow.s: 

Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral 

processing plant, the owner or operator shall obtain: 

(a) A standard permit, as specified in Env-A 600; or 

(b) A permit-by-notification, as specified in this part. 
FP 2010-76 Adopted 09-22-10 4 

Env-A 2806.02 Permit-By-Notification Procedures. 

(a) To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing 

plant shall file the information required by Env-A 2806.04 in writing to the department, together with the 

signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06. The filing 

shall constitute a permit application for the plant. 

(b) The department shall issue a permit-by-notification for a non-metallic mineral processing plant if: 

(I) The applicant has filed ali required information and the required fee; and 

(2) The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, 

Env-A 2805, and Env-A 2806. 

(c) Within 10 days after initial startup of an affected facility, the owner or operator shall notify the 

department by fax, email, or postal mail of the actual date of startup. 

Env-A 2806.03 Notification of Changes Required. 

(a) Within I 0 days after a permit-by-notification facility has commenced operation in a different 

location, the owner or operator shall file a location change notice to the department and the towns where 

the facility was last and is now located via fax, email, or postal mail, containing the following information: 

(I) The unique facility identification assigned by the department in the initial permit-bynotification; 

(2) The physical location from which the facility was moved; and 

(3) The physical location to which the facility was moved. 

(b) Within 10 days after the replacement of any affected equipment, the owner or operator shall file a 

notification with the department that contains: 

(I) The information specified in 40 CFR 60.676(a)(l), (2), (3), and (4), as applicable; and 

(2) The date on which testing of the new equipment will be conducted. 

(c) Any notice filed pursuant to (a) or (b), above, shall be signed as specified in Env-A 2806.05. 

Readopt with amendment Env-A 1710.04, eff. 7-28-04 (doc. #8130), and renumber as Env-A 2806.04, so 

that Env-A 2806.04 reads as follows: 

Env-A 2806.04 Application Content. The applicant for a permit-by-notification for nonmetallic 

mineral processing plants shall file the following information with the department: 

(a) The name, mailing address, and daytime telephone number of the owner or operator, and, if 

available, an e-mail address and fax number; 

(b) The name or number, or both, the owner or operator uses to identify the plant; 

(c) The physical location of the plant, including street address and municipality; 

(d) Any previous permit number; 

(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per year; 

(f) A list of all affected equipment at the plant, not including any energy-generating devices; 
FP 2010-76 Adopted 09-22-10 5 

(g) For each listed piece of equipment, the following: 

( 1) A description and the name or number, or both, the owner or operator uses to identify the 

equipment; 

(2) The manufacturer and serial number, if available; 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or 

enclosed truck or railcar loading station in tons per hour; 

(4) The total surface area of the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

(7) The date of: 

a. Initial construction or installation in New Hampshire; 

b. The most recent modification, if applicable; 

c. The most recent replacement, if applicable; and 

d. The most recent successful compliance test, if applicable; 

(h) For a new or modified non-metallic mineral processing plant or for one that has never been 

tested, the date(s) on which compliance testing will be conducted; and 

(i) A brief explanation of the methods that will be used to control emissions and fugitive dust. 

Adopt Env-A 2806.05 through Env-A 2806.07, to read as follows: 

Env-A 2806.05 Signature and Certification. 

(a) The owner or operator of the non-metallic mineral processing plant sha11 sign each application 

filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. 

(b) The signature of the owner or operator shall constitute certification that: 

(l) The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, 

subpart 000; 

(2) The owner or operator understands and will comply with the requirements; 

(3) The owner or operator has notified the clerk of the town or city in which the facility is 

located of its pending operation; and 

(4) All information filed is true, complete, and not misleading to the knowledge and belief of 

the signor. 

Env-A 2806.06 Application Fee. The applicant shall pay an application fee of $1,000 with the permit 

application. 

Env-A 2806.07 Recordkeeping and Reporting. 

(a) The owner or operator of a non-metallic mineral processing plant shall retain records for a 

minimum of 5 years on: 
FP 2010-76 Adopted 09-22-10 6 

(1) The total quantity of all materials processed on an annual basis; and 

(2) The results of all performance testing conducted to determine compliance with the standards 

specified in Env-A 2803, including 40 CFR 60, subpmt 000. 

(b) The owner or operator of a non-metallic mineral processing plant shall file the results of any 

performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 

40 CFR 60, subpart 000, within 60 days of the test. 

Rule Section(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2802 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2803 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2804 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2805 RSA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 2806 (also see specific section below) RSA 125-C: 11 

Env-A 2806.06 RSA 125-C:l2, IV 
APPROVAL OF THE RULE BY THE JOINT LEGISLATIVE COMMITTEE ON 

ADMINISTRATIVE RULES 
CAROL J, HOlAHAN 

DIRECTOR 

STATE OF NEW HAMPSHIRE 

·~ 

OFFICE OF LEGISLATIVE 

~ SERVICES 

STATE HOUSE 

10'1 NORTH MAIN STREET, ROOM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

September 16, 20 l 0 

NOTICE.NO. 2010-74. ------------------~-

RULE# Env-A 600 various sections and paragraphs 

RELATivE TO: __ R_e_v_is_·io,_n_s_t_o_S_ta_t_ew~id_e_A_i_r_P_e_rm_r_·t_S_y,-st_e_m __ _c__ ___________ _ 

The Joint Legislative Committee on Administrative' Rules has reviewed the Final Proposal on the 

above cited rule at its meeting on SEPTEMBER 16,2010 

The Committee voted to approve the rule. You may. proceed to adopt the rule a.nd file it with the 

Office of Legislative Services, Administrative· Rules, When filing the final rule, the agency is als'o requi'red to 

file a cover l~tter indicating thedate.offinal. adoption and certifying the final rule is a true copy. See Section 

2.19 of Chapter 3 in the N.H Drafting·and Procedur~ Manual for Administnitive Rules. The rul~ will become 

effective either.at (l') 12:01 a.m. on the da~ after the filing, (2)·. 12:.oi a.m. on the date specified in the cover 

letter to me v:hen.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 ofthe adopted rule. 

TDD Access: Relay NH 1-800-735·2964 

DIRECTOR (603) 271-3432 

LEGAL STAFF (60·3) 271-3435 . FAX: (603). 271-6607 

Sincerely yours, 

C,__.A- j ,~ 

Carol J, Holahan, Director 

Office of Legislati\'c Services 

RESEARCH (603) 271-3326 

ADMINISTRATIVE RULES (603) 271-3680 

/ 

I 

I 
CAROL J, HOLAHAN 

DIRECTOR 

STATE OF NEW HAMPSHIRE 

8 ' 

. 

' ' 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAll~ STREET, f10DM 109 

CONCORD, NEW HAMPSHIRE 03301-4951 

September 16, 2010 

N OTICE:NO. __ z_o_1 o_-7_5_'----'-----

RULE# Env-A 702.04, 705.02, 903.01(b), 907.0l(a), '1703 .01(a) 

. . Amendments Relating to Permit-By-Notification; Determination of Actual Emissions 

RELATIVE TO: . ' · . · . for Use in Calculating Emission-Based Fee 

The Joint Legislative Committee on Administrative· Rules has reviewed the Final Propo.sal on the 

SEPTEMBER 16, 2010 

above cited rule at its meeting on----,--- ___________ _ 

The Committee voted to approve the rule, You may. proceed to adopt the rule and file it with the. 

Offiee of Legislative Services, Administrative· Rules. When filing thdinal rule, the agency is als·o requi'red to 

file a cover l~tter indieating the date.offina( adoption and certifYing the fmal rule is a true copy. See Section 

2·. 19 of Chapter 3 in the N.H. Drafting ·and Pmcedure Manual for Administrative Rules,· The rule will qecome 

. effective either.at (I) 12:()] a.m. on the da): after the filing, (2)'. 12:.o·i a.m. on the date specif,;d in the cover 

letter to me when. the rule is filed, or (3) such other date ~nd time as specified in the cover Jetter, provided 

that the filing occurs before such effective date and time, Please send two(2) copies ofthe adopted rule. 

TDO Access: Relay NH 

DIRECTOR 

LEGAL STAFF 

i-800-735-2964 

(603) 271-3432 

(60·3) 271-3435 FAX: (603) 271-6607 

Sincerely yours, 

C.___;._ j 

Carol J. Holahan, Director 

Office of Legislative Services 

RESEARCH (603) 271-3326 

ADMINISTRATIVE RULES (603) 271-36BO 
CAROL J, HOLAHAN 

DIRECTOR 

STATE OF NEW HAMPSHIRE 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 100 

CONCORD, NEW HAMPSHIRE 03301-4951 

September 16, 2010 

NOTICE NO, __ 2

_

0_

1 o_-7_

6 

_______ _ 

RULE# Env-A 2800 

. Sand and Gravel Sources;.Non-Metallic Mineral Processing Plants; Cement & 

RELATIVE TO: . ' · · . . 

·Concrete Sources 

The Joint Legislative Committee on Administrative· Rules has reviewed the Final Propo.sal on the 

SEPTEMBER 16, 201 0 

above cited rule at its meeting on--'---~-------~ 

The Committee voted to approve the rule, You may. proceed to adopt the rule and fde it with the. 

Office ofLegislative Services, Administrative· Rules, When filing the·final rule, the agency is also requfred to 

file a cover l~tter indicating the date. of final, adoption and certifying the final rule is a true copy. See Section 

2.19 of Chapter 3 in the N.H. Drafting·and Procedme Manual for Administrative Rules, The rule will become 

. effective either.at (1) 12:01 a.m. on the da~ after the filing, (2)·. 12:.o'i a.m. on the date specified in the cover 

letter to me when.the rule is filed, .or (3) such other date ~nd time as specified in the ~over letter, provided 

that the filing occurs before such effective date and time, F'leaso send two (2) copies ofthc adopted rule, 

TDD Access: Relay NH 1-800-735-2964 

DIRECTOR (603) 271-3432 

LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 

Sincerely yours, 

C.~j 'rh--

Carol J. Holahan, Director 

·Office of Legislative Services 

RESEARCH (603) 271-3326 

ADMINISTRATIVE RULES (603) 271-3680 
EVIDENCE OF PUBLIC NOTICE 

40 CFRPart 51, Appendix V, 2.1(£) 
Public Notice Print Page 1 of 1 

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENT A 

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AIR RESOURCES DIVISION 

CONCORD, NH NOTICE OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLAN In accordance 

with N.H. Admin. Rule Env-A 204.01(b) and 40 CFR § 51.102, notice is hereby given that the New 

Hampshire Department of Environmental Services, Air Resources Division, intends to submit for the approval 

of the U.S. Environmental Protection Agency (EPA) the following proposed revisions to the New Hampshire 

State Implementation Plan (SIP): Readoption of and amendments to Env-A 600, 900, and Env-A 2800: Rock 

Crusher Rules. Permit-by-notification and compliance requirements for non-metallic mineral processing 

plants (rock-crushing plants). Readoption of and amendments to Env-A 800: Testing and Monitoring 

PrOcedures. Minimum testing and monitoring procedures, calculation procedures, standards and 

requirements to determine an air pollution source's compliance with applicable state and federal statutes 

and rules. Readoption of and amendments to Env-A 1211 (renumbered as Env-A 1300): NOx RACT. 

Reasonably Available Control Technology (RACT) requirements for stationary sources that emit nitrogen 

oxides (NOx). The recently adopted rules for the proposed SIP submittal are posted at: 

bttll;L/~.s .• n.ihgov LoLg.a ni"o tio DL~o"lmlsJ;Lonerllill!i!l/ru lelll_okingLlnli!'JSobJ:m. . QuestIons regardIng the recently 

adopted rules should be directed to Karla McManus at (603) 271-6854. Requests for a public hearing and/or 

written comments filed and received no later than 4 p.m. on Monday, March 7, 2011, shall be considered by 

the Department in making a final decision. Plea~e submit com.ments and/or written requests for a public 

hearing to Karla McManus1 Planning and Rules Manager1 Air Resources Division1 NH Department of 

Environmental Services, P.O. Box 95, Concord, NH 03302-0095, Fax (603) 271-1381, or e-mail 

Karla.McManus@des.nh.gov. Thomas S. Burack Commissioner NH Department of Environmental Services 

Dated: February 1, 2011 

Appeared in: The Union Leader on Friday, 02/04/2011 

1"\ I J1 /ro,f'\ 1 1 
CERTIFICATION OF PUBLIC HEARING 

40 CFR Part 51, Appendix V, 2.l(g) 
The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

CERTIFICATION OF PUBLIC PROCESS 

I hereby certify that: 

In accordance with N.H. Administrative Rule Env-A 204.01(b) and 40 CPR§ 51.102, 

public notice was given that the New Hampshire Depattment of Environmental Services, 

Air Resources Division, intended to submit for the approval of the U.S. Environmental 

Protection Agency (EPA) revisions to the New Hampshire State Implementation Plan 

(SIP) which added and amended Env-A 600, Env-A 900, and Env-A 2800: Permit-bynotification and compliance requirements for non-metallic mineral processing plants. 

The public notice provided that requests for a public hearing or comments on the SIP 

revision could be submitted until4 p.m. on Monday, March 7, 2011. 

The notice was published in the Union Leader, a newspaper of general, statewide 

circulation, on Friday, February 4, 2011, more than thirty days prior to the end of the 

notification period. 

No members of the public requested a hearing during the notification period; therefore, 

no public hearing was held. 

A copy of the SIP revision was available for public inspection at the Department's offices 

at 29 Hazen Drive, Concord, NH during regular working hours from 8:00 a.m. to 4:00 

p.m., Monday through Friday, throughout the comment period. The SIP revision was 

also available for downloading from the Department's website at 

http://des.nh.gov/organization!commissioner/legal/rulemaking/index.htm. 

The above statements are true to the best of my knowledge and belief . 

. ;;t4if?.£"'C 

Robert R. Scott 

Director, Air Resources Division 

Date 

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) 
Five stakeholders attended the public hearing on these rules with the results as follows: 

Env-A 600: Only one comment was received on this rule, from EPA. Specifically, EPA 

noted that "applicable requirement" was a defined term in the Title V program, and so 

asked that the term be used in Env-A 612.06(c)(2)c (i.e., that we view "Any new 

applicable requirements that will apply if the change occurs;" as not being redundant). In 

response to EPA's request, Env-A 612.06(c)(2)c. was revised accordingly. 

Env-A 900: No comments were made on Env-A 900. 

Env-A 2800: The comments received were that Env-A 2803.0\(a) and (b) are unclear, 

Env-A 2803.0l(c)(2) needs to be consistent with Env-A 802.12(b), and Env-A 

2806.03(b) contained an incomplete cite to the federal requirements. In response to these 

comments, Env-A 2803.01 was revised to split the standards from the testing 

requirements and to clarify the requirements, including making the rule consistent with 

Env-A 802.12(b). The cite in Env-A 2806.03(b) was corrected.