### FINAL PROPOSAL FILINGCOVER SHEETFORFINALPROPOSAL

NoticeNumber 2010-74 Rule Number Env-A 600- various sections and paragraphs
I. Agency Name & Address: 

### Department ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 2. RSA Authority: 3. Federal Authority: 4. TypeofAction:

**~** 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. ShortTitle: Revisions to StatewideAir Permit System 6. Contactperson for copies and questions: Name: Address: 

### Karla McManus Department ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH03302-0095 Title: Phone#: ARDPlanning and Rules Manager (603) 271-6854

7. Yes 

# 0 No

**~** Agency requests Committee legal counsel review and delayed Committeereview pursuant to RSA 541-A:l2, I-a 8. Therulemaking notice appeared in the RulemakingRegister on July2, 2010
SEETHEINSTRUCTIONS--PLEASESUBMIT2 COPIES OFTHIS COVERSHEET AND 2 COPIES OF THEFOLLOWING: (and numbered correspondingly)


### 9. The "Final Proposal-Fixed Text", including the cross-reference tablerequired byRSA 541-A:3-a, 

### II as an appendix. 10. Thefull text ofthe RSA passage grantingrulemaking authority. II. Yes 

# 0 N/A

**~** Incorporationby Reference Statement(s) because this ruleincorporates a documentby reference for which an Incorporation by Reference Statement is required pursuantto RSA 541-A:12, III. 12. Yes

**~** NIA 

## 0 The "Final Proposal-Annotated Text" indicatinghow the proposed rule was changed becausethe textofthe rule changed from the Initial Proposal pursuantto RSA 541- A:I2, ll(e). 13. Yes 

# 0 N/ A

**~** The amended fiscal impact statementbecause the change tothe text ofthe Initial Proposal affects the original fiscal impact statement (FIS) pursuantto 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 ofa 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 ofthis chapter, without having applied for and been issued a temporary permit. (b) No person shall cause or allow the operation ofan 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 ofthis 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 ofthis chapter, without having applied for and been issued a title V operatingpermit. (d) The owner or operator of a nonmajor stationary source, area source, or device that is eligible tobe installed and operated pursuant to a permit-by-notification as specified in Env-A 603.02(a) shall be exempt from any other permittingrequirement in this chapter ifa permit-by-notification is obtained as specified in Env-A 603.02(b). AdoptEnv-A 603.02 to readasfollows: Env-A 603.02 Permit-by-Notification. (a) A non-metallic mineral processing plant as defined in Env-A 2802.03 thatis not a major source shall be eligible to be installed or operated pursuant to apermit-by-notification. (b) To install or operate a non-metallic mineral processing plant pursuant to a permit-hy-notification, the owner oroperator shall comply with Env-A 2806. Readoptwith amendments Env-A 605.03 andEnv-A 605.04, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 605.03 ProofofLegal Authority. Where the applicant is notthe legal owner ofthe source or device that is the subject ofthe application, a copy ofthe agency agreement authorizing the applicant to act on behalfof the owner for purposes ofthe application shall befiled as part ofthe application for a permit. Env-A 605.04 Certification ofthe 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 ofthe document and shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the best ofthe responsible official's knowledge and beliefformed afterreasonable inquiry, the statements and information in the document are true, accurate, ancl comp1ete. (b) Within 30 days ofany change in the identity ofthe 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)

. AmendEnv-A 606.02(b), eff. 4-26-.03 (doc. #7879), cited andto readasfollows: Env-A 606.02 Applicability. (b) An owner or operator ofone ofthefollowing 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 successorrule in Env-A 1300, whereFP2010-74 FixedText 08-31-10 2

the hours ofoperation are limited to 500 hours peryear 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 successorrule 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 offugitive dust. Readopt with amendments Env-A 606.03, eff4-26-03 (doc. #7879), to readas follows: Env-A 606.03 Responsibility for Conducting AirPollution Dispersion Modeling ImpactAnalysis. Where the owner oroperator is required to perform an airpollution dispersion modeling analysis according to this part, the owner or operator shall file with the department as part ofthe permit application one ofthe following: (a) A request that the department conduct an airpollution dispersion modeling impact analysis; or (b) Theresults of an air pollution dispersion modeling impact analysis. AmendEnv-A 607.01, eff4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended4-22-09 (doc. #9462), by amending Env-A 607.01 intra, (a) through (d), and (x), to readas follows: Env-A 607.01 Specific Applicability for Temporary Permits. The owner ofa new or modified stationary 

### source, area source, or device shall obtain atemporary permit in accordance with the provisions ofthis chapter prior to the construction or installation ofthe source or device ifthe source or device is any ofthe 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, includingbutnot 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 heatinputgreater than or equal to 4,000,000 BTUs per hour that combusts#4 fuel oil; (c) An external combustion device with a design gross heatinput greater than or equal to 2,000,000 BTUs per hour that combusts: (1) Solid fuel; (2) Residual weightliquid fuel, including but not limited to #6 fuel oil; (3) Used oil as defined inEnv-A 101.209; or (4) Any combination of(1) through (3), above; (d) One ormore 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 inputfor all such devices is greater than
or equal to 1,500,000BTUs per hour; or (2) Each device combusts gaseous orliquefiedpropane gas fuel and has a design gross heat input greater than 1,500,000 BTUsperhour, and the combined total design gross heat input ofall such devices is greater than orequal to 10,000,000 BTUsperhour;

### 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 ofless than 5 tons of VOCs per year; Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to readas follows: 

### Env-A 607.02 Timely Application. (a) For an initial temporary permit, an application shall be considered timely ifit is filed with the department prior to the construction or installation ofanew or modified source or device. 

### (b) For the reissuance ofa temporary permit, an application shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe temporary permit. Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to readas follows: 

### Env-A 607.03 Application Procedures for Temporary Permits. An application package for atemporary 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 amajor source, all information specified in Env-A 1709; (d) For amajor source ofhazardous air pollutants subjectto 112(g) ofthe 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) Proofofsource ownership orpermissible 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 airpollution control equipment monitoring plan orcatalyst managementplan pursuant to Env-A 810.01; and (i) Ifaplan is notrequired pursuant to Env-A 810.01, a description ofthe monitoring the source intends to conductto demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02. Readopt with amendmentsEnv-A 607.06, eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 607.06 Application Deficiencies. (a) Any applicant who fails to file any relevant orrequired information or who has filed inconect information in an application for a temporary permit shall, upon becoming aware orbeingnotified by the department ofsuch 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, ifthe department requestsFP 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 ofreceipt of such arequest. Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc. 117879), as amended eff 7-28-04 (doc. 118129), citedand to read asfollows: Env-A 607.08 PermitExpiration. (a) The expiration date ofeach temporary permit shall be 18 months after the date ofits 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:I3. (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 ofa 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, ifapplicable, and for which atimely and complete application for a statepermit 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 ofthe expired temporary permitpending the department's decision on the application. Readopt with amendmentsEnv-A 607.10, eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 607.10 Application Shield: Temporary Permits. (a) Ifan applicant files a timely application that has been deemed complete by the department for the 

### reissuance ofatemporary permit or the issuance ofan initial state permit to operate, the failure to have a current and valid temporary permit shall notbe considered a violation ofRSA 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) Thedenial is affirmed after all available appeals have been exhausted. (b) Ifthe department deems an application complete, butrequests 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 specifiedin the request. Readopt with amendments Env-A 608.01 through Env-A 608.03, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 608.01 Specific Applicability. The owner or operator ofany stationary source, area source, or device specified in Env-A 607.01 shall file atimely application for, and obtain, a state permit to operate in accordance with the provisions ofthis chapter. Env-A 608.02 Timely Application. (a) For a source ordevice thathas been issued atemporary permit, completed construction, and demonstrated compliance through testing, an application for a statepermit to operate shall be considered timely ifitis filed with the department at least 90 days prior to the designated expiration date ofthe temporary permit. (b) For a source ordevice thathas been issued a statepermit to operate, an application for the renewalFP 2010-74 Fixed Text 08-31-10 5

of such permit shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe current statepermit 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 airpollution dispersion modeling is required for a source or device pursuantto Env-A 606.02, the information required pursuant to Env-A 606.03; (d) Proofofsource ownership orpennissible use, as specified in Env-A 605.02; (e) For a source with airpollution control equipment, as defined in Env-A 101.17, an airpollution control equipment monitoringplan or catalyst management plan pursuant to Env-A 810.01; and (f) If a plan is notrequired pumwnt to Env-A 810.01, a description ofthe 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 andEnv-A 608.06, eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 608.05 Acknowledgment and Completeness ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan 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 incorrectinformation in an application for a state permit to operate shall, upon becoming aware orbeing notified by the departmentof 

### such failure or incorrectfiling, 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, ifthe department requests 

### information in order to evaluate or take final action on that application, the department shall request such information befiled in writing within 30 days ofreceipt ofsuch a request. Readopt with amendments Env-A 608.08, eff. 4-26-03 (doc. #7879), to readas 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 ofa statepermit 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 operateunderthe terms and conditions ofthe expired state permitto operate until the departmenthas taken final action on the renewal application. (d) Ifthe department denies the renewal application, the owner or operator shall ceaseto operate as of: (1) The date ofthe denial, if applicant does not appeal the denial within the time specified in RSA 125-C: 12, Ill; orFP2010-74 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 readasfollows: Env-A 608.10 Permit Renewal. (a) The owner or operator shall file with the department an application for permitrenewal at least 90 clays prior to the designated expiration elate ofthe existing statepermitto 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. Readoptwith amendments Env-A 608.12, eff4-26-03 (doc. #7879), to readasfollows: Env-A 608.12 Application Shield: State Permits to Operate. (a) Ifan 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) Thedenial is affirmed after all available appeals have been exhausted. (b) Ifthe department deems an application complete but requests additional infmmation pursuant to Env-A 608.06(b), theprotection granted in (a), above, shall cease to apply ifthe 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 asfollows: Env-A 609.06 Application Procedures ForTitle V OperatingPermits. (a) The owner or operator ofany source or device required to obtain atitle V operatingpermit pursuant to Env-A 609.01 shall file an application for suchpermitwith 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 inEnv-A 1709; (3) Proofofsource ownership orpermissible 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 airpollution dispersion modeling is required for a source or device pursuant to Env-A 606.02, the informationrequired pursuant to Env-A 606.03; (6) For a source with airpollution control equipment as defined in Env-A 101.17, au airpollution control equipment monitoringplan or catalyst management plan pursuantto Env-A 810.01; and (7) Ifaplan is notrequired pursuant to Env-A 810.01, a description ofthe monitoringthe 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 operatingpermit with the department, the applicant shall forward acopy ofthe 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 ifit 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 atemporary permit; (2) Each major source required to meettherequirements ofsection 112(g) ofthe Act or to 

### have a permit under the preconstruction review program approved as part ofthe New Hampshire SIP underparts CorD oftitle I ofthe Act, shall file apermit application to obtain atitle V operating permit or title V operatingpermitrevision within 12 months ofcommencing operation; and (3) Any source thatbecomes subject to the provisions of section 112U) ofthe Act shall file atitle Voperating permit application in accordance with the provisions ofsection 112U) and 40 CFR 63.50 through 63.56. (b) For the renewal ofa titleV operating permit, an application shall be considered timely ifit is filed with the department at least 6 months prior to the designated expiration date ofthe current titleV operating permit. 

### Env-A 609.08 Application Shield: Title V Operating Permits. (a) Ifan applicant files atimely and complete application for the issuance orrenewal ofa titleV operatingpermit, the failure to have atitle V operatingpermit shall not beconsidered a violation ofthis 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 ifthe applicant fails to file in writing any information requested by the departmentpursuant to Env-A 609.12, by the deadline specified. Readopt with amendments Env-A 609.12, eff. 4-26-03 (doc. #7879), to readasfollows: 

### 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 ofsuch 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 ofrelease ofthe draftpermit, an applicant shall provide supplemental information to the department as necessary to address any applicable requirements to which the sourcebecomes subject after the date the application has been deemed complete. (c) Pursuant to 40 CFR 70.5, ifthe 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 beenFP 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 readas follows: Env-A 609. I5 PennitExpiration. (a) A title V operatingpermit shall bein 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 ofa 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 completerenewal 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 ofthe expired title V operating permit until the department has taken final action on the renewal ofthe application. (d) Ifthe department denies the renewal application, the owner or operator shall cease to operate as of: (I) The date ofthe denial, ifapplicant does not appeal the denial within the time specified in RSA I25-C: 12, III; or (2) The date the denial is affirmed after all available appeals have been exhausted. Readopt withamendmentsEnv-A 609.18, eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 609.18 Criteriafor Permit Renewal. (a) The department shall determinepermitconditions under which a title V operating permit shall be renewed based on: (I) All definitions and requirements ofEnv-A I00 

### m;

**~·** and the Act; and (2) The owner or operator's compliance status with the conditions ofthe existingpermit and all applicable requirements ofEnv-A 300 !j

**~·** and the Act. (b) The department shall take final action on apermit renewal ofa 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. Proofofsource ownership orpermissible use, as specifiedin Env-A 605.02; and

c. Where airpollution dispersion modeling is required for a source or device pursuant to EnvA 606.02, the information requiredpursuant to Env-A 606.03; (2) Therequirements for publicparticipation 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, havebeen satisfied; (4) The conditions oftheproposedtitle V operating permitprovidefor compliance with all requirements ofEnv-A 300 et seq. and the Act; and

### FP 2010-74 Fixed Text 08-31-10 9

(5) The EPA has received acopy ofthe proposed title V operating permit and any notices required, and has not objected to the issuance ofsuch 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 readasfollows: 

### Env-A 610.03 Definition. For the putpose ofthis 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 readas 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 Readoptwith amendments Env-A 610.05, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 610.05 Petitions to Establish Source Categories for General StatePermits. (a) Any person may petition the department pursuant to RSA 541-A:4 to 

### establish a new source category for a general statepermit (b) Thepetition under (a), above, shall contain the following: (I) 

### A statement that the petition is for the establishment ofa source category for a general state permit; (2) The title and description ofthe 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 theproposed source category meet the specific applicability requirements for a state permit to operate in accordance with theprovisions 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 I0 days ofthe receipt by 

### the department ofthe petition filed by the petitioner, the department shall notify the petitioner that the information is complete, or identify the information necessary to completethepetition and request that such information be filed within 30 days ofsuch request. Readopt with amendments Env-A 610.08andEnv-A 610.09, eff 7-28-04 (doc. #8129), to readas 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 aparticular source category, the owner or operator ofa stationary source, area source, or device seeking to operate under the general state permit shall 

### file aregistration package as described in (b), below, with the departmentFP2010-74 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) Proofofsource ownership orpermissible use, as specified in Env-A 605.02. Et1V-A 610.09 Department Review ofRegistration Package. (a) The department sha11revicw eachregistration package for a general statepermit to ensure complete and accurate information is filed in accordance with Env-A 610.08. (b) Ifthe department finds the registration package to be complete and accurate, within 15 days of receipt by the department ofthe 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 ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letter ofdisapproval which specifica11y identifies the reason(s) for disapproval. (c) Ifthe department finds the registration package to be incomplete, inaccurate, or unclear, within 15 days of receiptby the department ofthe registration package filed by the source, the department sha11 issue either: (I) A letterrequesting supplementary facts or corrected information in accordance with (d), below; or (2) A letter requesting clarification ofthe information submitted in accordance with (e), below. (d) 

### An owner oroperatorwho has filed aregistrationpackage 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 ofor being notified by the department ofsuch failure orincorrect submittal, file with the department such supplementary facts or corrected information in writingno laterthan 30 days after the discovery ornotification. (e) Ifthe department requests clarification from the owner or operator ofthe information filed in accordance with Env-A 610.08, the owner oroperator shall file the information in writing within 30 days of receipt ofthe request. (f) For a source that receives a letter pursuant to (c), above, within 75 days ofthe department's receipt ofthe 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 ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letter ofdisapproval which specifically identifies the reason(s) for disapproval. Readopt withamendmentsEnv-A 610.13 andEnv-A 610.14, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 610.13 Expiration Date And General StatePe1mit Reestablishment.Procedures. (a) Each general statepermit shall be: (I) Established for aperiod of5 years; and (2) Reestablished in accordance with the procedures for the reestablishment ofa general stateFP2010-74 FixedText 08-31-10 11
permit specified in Env-A 620. (b) The department shall notify each owner or operator ofthe outcome ofthe reestablishmentprocess in writing. (c) Ifthe general statepermit is not reestablished, the owner or operator of a smrrce operating under an existing general statepermit shall file an application with the department for a state permit to operate pursuant to Env-A 608 within 90 days ofbeing notified by the department that the general state permit was not reestablished. (d) Ifthe general state permit is reestablished, the owner or operator of a source operating under an existing general statepermit shall file a request for with the departmentre-registration in accordance with Env-A 610.08, within 90 days after the department has reestablished the general state permit. (e) Ifa general statepermit expires priorto the department reestablishing the general state permit, the department shall: (I) Extend the expiration date ofthe general state permit for a period ofnot more than one year; (2) Publish a public notice in a newspaper ofgeneral daily statewide circulation stating the extension ofthe expiration date ofthe general state permit; and (3) Notify each owner or operator operating under the general statepermitregarding the extension ofthe general state permit.

. Env-A 610.14 Sources Choosing to Comply with the StatePermits to Operate Program. At any time, an owner or operator of a stationary source, area source, or device operating under ageneral state permit may chooseto comply instead with a statepermitto 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 statepermit to operateprogram. Readopt with amendments Env-A 610.16, eff4-26-03 (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) Proofofsource ownership or permissible use, as specified in Env-A 605.02; (5) Thefee(s) specified in Env-A 702 through Env-A 705, as applicable; and (6) Where airpollution dispersion modeling is required for a source or devicepursuant 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 readas follows: Env-A 612.0I Administrative Permit Amendments. (a) The owner oroperator 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 ofreceipt by the department ofarequest filed pursuant to (a), above, and shal!, in the case oftitle V operating permits, submit acopy ofthe revised permit to EPA. (c) Notice to the public or affected states ofthe changes incorporated into the permit shall not be required, provided that the department designates any suchpermit revisions as having been made pursuant to this section. Readopt with amendments Env-A 612.03 through Env-A 612.05, eff4-26-03 (doc. #7879), to readasfollows: Env-A 612.03 Minor PermitAmendments: Temporary Permits and State Permits to Operate. (a) The owner or operator ofa source or device shall file with the department arequest for a minor permit amendment for any proposed change to an existing permit condition which will not result in an increase in the amount ofa specific air pollutant currently emitted by the source or device and will not result in the emission ofany regulated air pollutant or regulated toxic airpollutant currently not emitted by the
source or device. (b) Therequest for a minorpermit amendment shall: (!) Bein the form ofa letter to the department; (2) Describe theproposed change; and (3) Describe any newrequirements that will apply ifthe change occurs. (c) The department shall take final action on arequest for a minor permit amendment within 90 clays ofreceipt ofarequest 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 SignificantPermit Amendments: Temporary Permits and State Permits to Operate. (a) The owner or operator shall file an application to the department for a significant permit amendmentfor any proposed change to the physical structure or operation ofthe source or device covered by the temporary permit orstatepermitto operate which increases the amount ofa specific airpollutantcurrently emitted by such source or device orwhich results in the emission ofany regulated airpollutant 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 providedby the department, containing all pertinentinformation with regard to the amendment including, ifapplicable, 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. Theproposed 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 ifthe 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 arequest for a significantpermit amendment within 90 days ofreceiptby the department ofarequest 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: TitleV Operating Permits. (a) Prior to implementing a minor title V operating permit modification, the owner or operator shall file awritten request to the department for aminor permit modification for those changes that qualify as minor penhit modifications under this section. (b) For a source or device that has been issued atemporary permit, an application for a minor permit modification shall be considered timely ifit is filed with the department at least 90 daysprior to the designated expiration date ofthe temporary permit. (c) The request for a minorpermit modification shall includethe 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 ifthe change occurs; (4) Where airpollution 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 aresponsible official, consistent with the provisions ofEnv-A 605.04(b), that the proposed change meets the criteria for the use ofthe minor permit modification procedures; (7) A request that minor permit modification procedures beused; and (8) For use by the department in notifying EPA and affected states, 2 additional copies ofthe information required by (1), 

### above. (d) Within 5 working days ofthe receipt by the department ofa request filed pursuant to (a)-(c), above, for a minor permit modification to a title V operatingpermit, the department shall notify EPA and any affected statc(s) ofthe request. (e) The department shall not make a final decision on a requested permit modification to a title V operatingpermit until afterEPA'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 of90 days from receiving an application filed pursuant to (a) -(c), above, or 15 daysFP 2010-74 Fixed Text 08-31-10 14

after the end ofEPA's 45-day review period, the department shall: (I) Issue the requested permit modification ifit meets the requirements ofthis section; (2) Deny the requested permit modification ifit does not meet the requirements ofthe section; (3) Determine that the requested modification does not qualify as a minorpermit modification and review the request under the significantpermit modification procedures in Env-A 612.06; or (4) Revise the draftpermit to the extent that it does not meetthe requirements ofthis section and send to EPA and to the applicant the new proposed permit modification. (g) The owner oroperator 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 govemingthe change and the proposed permit conditions. (i) Thepermit shield specified in Env-A 609.09, shall not apply to minorpermit modifications. AmendEnv-A 612.06(c), (e) and (j), eff. 4-26-03 (doc. #7879), amended eff. 7-28-04 (doc. #8129), cited andto readasfollows: Env-A 612.06 SignificantPermitModifications: Title V Operating Permits. (c) Prior to implementing a significantpermit modification, the owner or operator shall file a written requestwith the departmentfor a significantpermitmodification 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 ifthe change occurs; (3) The owner or operator's suggested draftpermit conditions; (4) Certificationby aresponsible official, consistent with theprovisions ofEnv-A 605.04(b), that the proposed change meets the criteria for the use ofthe significantpermit modification procedures; (5) A request that significant permit modification procedures be used; (6) Where airpollution dispersion modeling is requiredfor a source or device pursuant to Env-A 606.02, the information required pursuantto Env-A 606.03; and (7) Thefee(s) specifiedinEnv-A 702 through Env-A 705, as applicable. (e) An application for a significant modification to a title V operatingpermit shall be deemed completeby the department within 60 days ofits filing, unless the department requests additional information
or otherwise notifies the applicantofincompleteness. (f) The department shall take final action on arequestfor significantpermitmodification no later than 9months after the filing ofa complete application provided that: (I) The procedures for public participation specifiedin Env-A 622 havebeen satisfied;FP2010-74 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 ofthe permit provide for compliance with all applicable requirements oftitle V ofthe Act and all applicable requirements ofEnv-A 300

### tl

### g;g.; and (4) The EPA has received a copy ofthe proposed permit and any notices required and has not objected to issuance ofthe significantpermit modification within the time period specified in EnvA 609.13(b). Readopt with amendments PARTEnv-A 616, eff. 4-26-03 (doc. #7879), to readasfollows: PART Env-A 616 DETERMINATION OFACTUALEMISSIONS 

### Env-A 616.01 Determination ofActual Emissions. The owner or operator ofastationary source, area source, or device sha11 determine the actual annual emissions from the source or device as specified in Env-A 705.02. AmendEnv-A 617.01 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 617.01 Exception to Obtaining aTemporary Permit orStatePermit to Operate. Notwithstanding theprovisions ofEnv-A 603.0l(a) or (b), atemporary permit or a statepermit to operate shall notbe required for any research and development operation provided that all ofthe following conditions are met: (a) The owner ofan existing stationary source, area source, ordevice files a written request with the 

### department to treat the stationary source, area source, or device as aresearch and development operation, and receives awritten determination from the department that the stationary source, area source, or device meets thedefinition ofa research and development operation according to therequirements found in (c) through (e), below; 

### (b) The owner ofanew stationary source, area source, or device filed awritten request with the department prior to the construction, installation, or operation ofthe stationary source, area source, or device to treat the stationary source, area source, or device as aresearch and development operation, and has received awritten determination from the department that the stationary source, area source, or device meets the definition ofaresearch and development operation according to the requirements found in (c) through (e), below;
AmendEnv-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 617.02 Exception to Obtaining a Title V OperatingPermit. Notwithstanding theprovisions of Env-A 603.0I(a) or (b), a titleV operatingpetmit shall not berequired for any research and development 

### operation provided that all-ofthe following conditions are met: (a) The owner ofan existing stationary source, area source, or device files awritten request with the department to treat the stationary source, area source, or device as aresearch and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition of aresearch and development operation according to the requirements found in (c) through (g), below; (b) The owner ofa new stationary source, area source, or device files a written request with the 

### department prior to the construction, installation, or operation ofthe stationary source, area source, or device to treat the stationary source, area source, or device as aresearch and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition ofaresearch and development operation according to therequirements found in (c) through (g), below;FP2010-74 FixedText 08-31-10 16

AmendEnv-A 618.05 intra, (b), and (d), eff4-26-03 (doc. #7879), to read asfollows: 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 thatthe 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 ofthis section shall be filed as pal't ofthe permit application, as required under Env-A 600; and Readopt with amendment Env-A 619.05, eff4-26-03 (doc. #7879), to read as follows: Env-A 619.05 DepartmentReview. (a) Within 30 days ofreceipt of an application, the department shall notify the applicant as to the completeness ofthe application or any deficiency in the application orinformation submitted. (b) In the event of a deficiency in an application, the date offiling ofthe 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 ofa complete application, the department shall make a final determination ofwhether construction should be approved, approved with conditions, or disapproved, in accordance with the provisions of40 CFR 52.210)- (p). AmendEnv-A 620.05(d), eff. 7-28-04 (doc. #8129), cited and to readasfollows: 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 ofreceiving such information. AmendEnv-A 621.07(a) and (b), eff. 7-28-04 (doc. 118129), citedandto read as follows: Env-A 621.07 Public Access to Information. (a) Ifthe applicant is not a municipality, the applicant shall file 2 copies ofthe permit application with the department. (b) Ifthe applicant is a municipality, the applicant shall file one copy ofthepermit application with the department and shall make another copy available to thepublicfor review.

AmendEnv-A 622.04(a) intra and (1), eff. 7-28-04 (doc. 118129), cited andto readas follows: Env-A 622.04 EPA Review. (a) The department shallprovide the following to EPA: (1) A copy ofthepermit application or, upon agreement with EPA, a summarythereof, unless the applicant has filed a copy ofthepermit application with EPApursuantto Env-A 609.06(d);FP 2010-74 Fixed Text 08-31-10 17

AinendEnv-A 622.06{a) and (b), eff 7-28-04 (doc. #8129), citedand to read asfollows: Env-A 622.06 Public Access to Information. (a) When applying to the department for a permit orpermit modification, the applicant shall file 2 copies ofthe permit application with the department, except as noted in (b), below. (b) Ifthe applicant is a municipality, the applicant shall file one copy ofthe permit application with the department and shall make another copy available to the public for review.

AmendEnv-A 624.03(c), eff. 6-8-06 (doc. 118654), citedand to readas follows: Env-A 624.03 Permit Application Required. (c) The owneror operator of a source subject to (b), above, shall file a timely application for and obtain a title V operating permit or amendment thereofin accordance with Env-A 609 or Env-A 612, as applicable, for the continued operation ofthat source.

APPENDIX Rule Section(s) State or Federal Statute IFederal 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; 42U.S.C. §7661b(d); 40 CFR §70.5(a)(2) Env-A 609.08(b) RSA 125-C:12, I; 42U.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; 42U.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; 42U.S.C. §7661a(b)(6); 40 CFR §70.7(c)(2) Env-A 612.06(e), (e), & (f) RSA 125-C:11, 1-a; 42U.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; 42U.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 bolditalics Deleted text struek through FP2010-74 Annotated 08-31-10
Readopt with amendments Env-A 603.01, eff. 7-28-04 (doc. #8129), to readas 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 atemporary permit in accordance with the provisions ofthis chapter, without having applied for and been issued a temporary permit. (b) No person shall cause or allow the operation ofan 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 ofthis 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 ofthis chapter, without having applied for and been issued a title V operating permit. 

### (d) EKeluding major sourees aRd synthetie minor sourees, a The owneroroperatorof a nonmajor stationary source, area source, or device thatis eligible to be installedand operatedpursuant to apermit-bynotification as specified in Env-A 603.02(a) may beinstalled or operated pursuant-to a permit by notifiec:tion and will shallbe exempt from any other permitting requirement in this chapter ifi-1-meet;;..the requiremems-ef apermit-by-notification is obtainedas specifiedin Env-A 603.02(b). Adopt Env-A 603.02 to read asfollows: Env-A 603.02 Permit-by-Notification. (a) A non-metallic mineral processingplant as defined in Env-A 2802.03 that is nota majorsource shall be eligible to be installed or operated pursuant to a permit-by-notification. 

### (b) To install or operate anon-metallic mineral processing plant pursuant to apermit-by-notification, the owner or operator shall comply with Env-A2806. Readopt with amendments Env-A 605.03 andEnv-A 605.04, eff. 4-26-03 (doc. #7879), to read as follows: Env-A 605.03 ProofofLegal Authority. Where the applicant is not the legal owner ofthe source ordevice that is the subject ofthe application, a copy ofthe agency agreement authorizing the applicant to act on behalfof the owner for purposes ofthe application shall be filed as part ofthe application for a permit. Env-A 605.04 Certification ofthe Responsible Official. (a) An application form, report, or compliance certification filed with the department pursuant to this 

### chapter shall contain awritten statement certifying the truth, accuracy, and completeness ofthe document and shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the best oftheresponsible official's knowledge and beliefformed after reasonable inquiry, the statements and 

### information in the document are true, accurate, and complete. (b) Within 30 days ofany change in the identity ofthe 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). AmendEnv-A 606.02(b), eff. 4-26-03 (doc. #7879), citedand to readasfollows: Env-A 606.02 Applicability. (b) An owner or operator ofone ofthe 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 orsuccessor rule in Env-A 1300, where the hours ofoperation are limited to 500 hours per year or less by an enforceablepermit condition; (2) An emergency generator exempt from Env-A 1211.11 pursuant to Env-A 1211.0I

### 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 offugitive dust. Readopt with amendments Env-A 606.03, eff. 4-26-03 (doc. #7879), to readas 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 ofthe permit application one ofthe following: (a) A request that the department conduct an air pollution dispersion modeling impact analysis; or (b) The results ofan airpollution dispersion modeling impact analysis. AmendEnv-A 607.01, eff. 4-26-03 (doc.l/7879), as amended 7-28-04 (doc. #8129), as amended4-22-09 (doc. 119462), byamending Env-A 607.01 intra, {a) through (d), and (x), to readctsfollows: Env-A 607.0I Specific AQplicability for Temporary Permits. The owner ofa new ormodified stationary 

### source, area source, or device shall obtain atemporary permit in accordance with the provisions ofthis chapter prior to the construction orinstallation ofthe source or device ifthe source or device is any ofthe following: (a) An external combustion device with adesign

**gro~.s** heat input greater than or equal to 10,000,000 British thermal units (BTUs) perhour that combusts: (I) Gaseous fuel, as defined in Env-A 1211.02(s) orsuccessorrule 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 heatinput greaterthan 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 perhour that combusts: (I) Solid fuel; (2) Residual weight liquid fuel, includingbut not limited to #6 fuel oil; (3) Used oil as defined inEnv-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 perhour, and the combined total design gross heat input for all such devices is greater than or equal to 1,500,000 BTUs perhour; or (2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input greater than I,500,000 BTUs perhour, and the combined total design gross heat input ofall suchAdded text in bolditalics Deleted text slRlelHhf6\lgiT 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 governingreasonably available control technology (RACT) as contained in: (I) Env-A ]2Q411 or successorrules in Env-A 1300, for NOx emissions; or (2) Env-A 1204orsuccessorrules in Env-A 1200, for VOC emissions, except for any source whose solvent metal cleaning operations have combined actual emissions ofless 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 ifit is filed with the department prior to the construction or insta1lation ofanew ormodified source or device. (b) For the reissuance ofatemporary permit, an application shall beconsidered timely ifit is filed with the department at least 90 days priorto the designated expiration date ofthe temporary permit. Readopt with amendmentEnv-A 607.03, eff. 6-8-06 (doc. #8654), to read asfollows: Env-A 607.03 Application Procedures for Temporary Permits. An application packagefor a teniporary permit shall include the following: (a) The information specified in Env-A 1703 through Env-A 1708, as applicable; (b) Thefee(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 ofhazardous airpollutants subject to 112(g) ofthe 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) Proofofsource ownership orpermissible use, as specified in Env-A 605.02; (h) For a source with air pollution control equipment as defined in Env-A 10L17, an airpollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and (i) Ifaplan is not required pursuant to Env-A 810.01, a description ofthe 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 asfollows: 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 laterthan 30 clays after such discovery or notification. (b) While processing an application that has been deemed complete, ifthe department requests

### Added text in bolditalics 

### Deleted text BlR!ek--tl'lfellglt 

### 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 ofreceipt ofsuch arequest. Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc./17879), as amended

**~ff.** 7-28-04 (doc. 118129), citedand to read asfollows: 

### Env-A 607.08 PermitExpiration. (a) The expiration date ofeach temporary permit shall be 18 months after the date ofits 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 ofa temporary permit shall terminate the owner or 

### operator's right to construct or operate anew or modified source or device pursuant to the permit. (e) For a source or device thathas completed construction and demonstrated compliance through testing, ifapplicable, and for which a timely and complete application for a statepermit to operate, title V operating permit, or an amendment thereto, has been filed with the department, therightto operate shall continue under the terms and conditions ofthe expired temporary permitpending the department's decision on the application. Readopt with amendments Env-A 607.10, eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 607.I0 Application Shield: Temporary Permits. (a) Ifan applicant files a timely application that has been deemed completeby the department for the 

### reissuance ofatemporary permit or the issuance ofan initial state permit to operate, the failure to have a cun-ent and valid temporary permit shall notbe considered a violation ofRSA 125-C: 11, I orEnv-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 havebeen exhausted. (b) Ifthe 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 therequest. Readopt with amendments Env-A 608.01 through Env-A 608.03, eff. 4-26-03 (doc. #7879), to readas follows: 

### Env-A 608.01 Specific Applicability. The owner or operator ofany stationary source, area source, or device specifiedin Env-A 607.01 shall file atimely application for, and obtain, a statepermit to operate in accordance with theprovisions ofthis chapter. Env-A 608.02 Timely Application. (a) Fora 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 ifit is filed with the department at least 90 days priorto the designated expiration date ofthe temporary permit. (b) For a source ordevice thathas been issued a statepermit to operate, an application for therenewalAdded text in bolditalics Deleted text strHek throHgh FP 2010-74 Annotated 08-31-10 5

ofsuch permit shall be considered timely ifit is filed with the department at least 90 days priorto the designated expiration date ofthe current state pennH to operate. Env-A 608.03 fillRlication Procedures For StatePermits to Operate. An application package for a state permit to operate shall include the following: (a) Theinformation 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 airpollution dispersion modeling is required for a source or device pursuantto Env-A 606.02, the information required pursuant to Env-A 606.03; (d) Proofofsource ownership orpermissible use, as specified in Env-A 605.02; (e) Fora source with air pollution control equipment, as defined in Env-A 101.17, an air pollution control equipment monitoring plan or catalyst managementplan pursuant to Env-A 810.01; and (f) Ifa plan is not required pursuant to Env-A 810.01, a description ofthe 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. Readoptwith amendments Env-A 608.05 andEnv-A 608.06, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 608.05 Acknowledgment and Completeness ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan application filed by an applicant, the department shall notify the applicant that said application is deemed complete, orshall request that the applicantfile 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 orbeing notified by the department of such failure or incoJTectfiling, file in writing with the department such supplementary facts orcorrected information no later than 30 days after such discovery or notification. (b) While processing an application that has been deemed complete, ifthedepartmentrequests 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 ofreceipt ofsuch arequest. Readopt with amendments Env-A 608.08, eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 608.08 PermitExpiration. (a) The statepermit to operate permit shall bein effect until the designated expiration date, unless sooner revoked or suspended by the departmentpursuantto RSA 125-C: 13. (b) The expiration ofa statepermitto 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 operatormay continue to operate under the terms and conditions ofthe expired state permit to operate until the department has taken final action on therenewal application. (d) Ifthe department denies the renewal application, the owner or operator shall cease to operate as of: (1) The date ofthe denial, ifapplicant does not appeal the denial within the time specified in RSA 125-C:12, III; orAdded text in bolditalics Deleted text s!H!e!HI'lfeHgll 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, eff4-26-03 (doc. #7879), to read asfollows: Env-A 608.I0 Permit RenewaL (a) The owner or operator shall file with the department an application for permitrenewal at least 90 clays prior to the designated expiration date ofthe existing state permit to operate. (b) The owner or operator shall pay to the department any applicablefee as established in Env-A 700 with the application for permitrenewaL Readopt with amendments Env-A 608.12,

**~ft.** 4-26-03 (doc. #7879), to readas follows: Env-A 608.I2 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 havebeen exhausted. (b) Ifthe department deems an application complete butrequests additional informationpursuant to Env-A 608.06(b), the protection granted in (a), above, shall cease to apply ifthe 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, eff4-26-03 (doc. #7879), to readasfollows: Env-A 609.06 Application Procedures ForTitle V Operating Permits. (a) Theowner or operator ofany 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 includethe 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 I709; (3) Proofof source ownership or permissible use, as specified in Env-A 605.02; (4) The fee(s) specified in Env-A 702throughEnv-A705, as applicable; (5) Where airpollution dispersion modeling is required for a source or devicepursuantto Env-A 606.02, the information required pursuant to Env-A 606.03; (6) For a source with airpollution control equipment as defined in Env-A 101.17, an airpollution control equipment monitoring plan orcatalyst managementplan pursuantto Env-A 810.01; and (7) Ifaplan is not required pursuant to Env-A 810.01, a description ofthe monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified inEnv-A 810.02.Added text in bolditalics Deleted texttitftlek tfiroBgh 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 titleV operatingpermit with the department, the applicant shall forward a copy ofthe items identified in (b)(!) and (b)(2), above, to the EPA. Env-A 609.07 Timely Application. (a) Foran initial title V operating permit, an application shall be considered timely ifitis filed with the department according to the following schedule: (I) Subject to (2), below, each source thatbecomes subject to the title V program after June 30, 1995 shall file a title V operating permit application no later than 12 months afterbecoming 

### subject to the title V program or commencing operation pursuant to a temporary permit; (2) Each major source required to meet the requirements ofsection 112(g) ofthe Act or to have a permit underthe preconstruction reviewprogram approved as partofthe New Hampshire SIP underparts CorD oftitle I ofthe Act, shall file apermit application to obtain a title V operating permit or title V operatingpermit revision within 12 months ofcommencing operation; and (3) Any source thatbecomes subjectto the provisions ofsection 112(j) ofthe Act shall file a title V operating permit application in accordance with the provisions ofsection 112(j) and 40 CFR 63.50 through 63.56. (b) Forthe renewal ofa title V operating permit, an application shall beconsidered timely ifitis filed with the department at least 6 months prior to the designated expiration date ofthe 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 ofa title V operating permit, the failure to have a title V operating permit shall notbeconsidered a violation ofthis part unless and until the department denies the requestedpermit and: (1) The applicant does not appeal the denial within the time specifiedin RSA 125-C: 12, III; or (2) The denial is affirmed after all available appeals havebeen exhausted. (b) The protection granted in (a), above, shall cease to apply ifthe applicant fails to file in writing any information requested by the departmentpursuant to Env-A 609.12, by the deadline specified. Readopt with amendments Env-A 609.12, eff4-26-03 (doc. 117879), to readas 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 otherwisebecoming 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 ofrelease ofthe 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, ifthe 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 beenAdded text in bold italics Deleted text stf«eM!we,;gR 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, eff4-26-03 (doc. 117879), to readasfollows: Env-A 609.15 PermitExpiration. (a) A title V operatingpermit 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 ofa titleV 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 ofthe expired title V operating permit until the department has taken final action on the renewal ofthe application. (d) Ifthe department denies the renewal application, the owner or operator shall cease to operate as of: (I) The date ofthe denial, ifapplicant does not appeal the denial within the time specified in RSA 125-C:I2, III; or (2) Thedate the denial is affirmed after all available appeals have been exhausted. Readopt with amendments Env-A 609.18, eff4-26-03 (doc. #7879), to readasfollows: Env-A 609.18 Criteria for Permit Renewal. (a) The department shall determine permit conditions under which a title V operatingpermit shall be renewed based on: (I) All definitions and requirements ofEnv-A I00

### tl

**~-** and the Act; and (2) The owner or operator's compliance status with the conditions ofthe existingpermit and all applicable requirements ofEnv-A 300 

### tl

**~-** and the Act. (b) The department shall take final action on apermitrenewal ofa titleV operatingpermitby issuing a permit renewal only if: (I) The owner oroperatorhas filed a timely and complete application for renewal with the department, which includes:

a. All fees specified in Env-A 702 throughEnv-A 705, as applicable; b. Proofofsource ownership orpermissible use, as specified in Env-A 605.02; and

c. Where airpollution dispersion modeling is required for a source ordevice pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; (2) Therequirements for public participation specified in Env-A 622 have been satisfied; (3) Therequirements for notifying and responding to affected states as specified in Env-A 622.03, have been satisfied; (4) The conditions ofthe proposed title V operatingpermitprovide for compliance with all requirements ofEnv-A 300 et seq. and the Act; and

### Added textin bolditalics 

### Deleted text strHek throHgh FP 2010-74 Annotated 08-31-10 9

(5) The EPA has received a copy ofthe proposed title V operating permit and any notices required, and has not objected to the issuance ofsuch 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 readas follows: 

### Env-A 610.03 Definition. Forthe purpose ofthis 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 readasfollows: 

### 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 asource category for ageneral state permit. Readopt with amendments Env-A 610.05, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 610.05 Petitions to Establish Source Categories for General StatePermits. (a) Any person may petition the department pursuantto RSA 541-A:4 to establish a new source category for a general statepermit. · (b) The petition under (a), above, shall contain thefollowing: (1) 

### A statement that the petition is for the establishment ofa source category for a general state pennit; 

### (2) The title and description ofthe source categorybeingproposed; and (3) Information that shows thatthe proposed source category meets the following criteria:

a. The stationary source, area source, or devices that would be covered by the proposed source category meetthe specific applicability requirements for a state permitto 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 theproposed source category are all subject to the same regulatory requirements. 

### (c) Within I0 days ofthe receiptby the department ofthe petition filed by thepetitioner, the department shall notify the petitioner that the information is complete, oridentify the information necessary to complete thepetition and request that such information be filed within 30 clays of such request. Readopt with amendments Env-A 610.08 andEnv-A 610.09, eff. 7-28-04 (doc. #8129), to read asfollows: 

### Env-A 610.08 Procedures for Registering to Operate Under a General StatePermit. (a) Once a general state permit has been developed for aparticular source category, the owner or 

### operator ofastationary source, area source, or device seeldng to operate under the general state permit shall 

### file aregistration package as described in (b), below, with the department.Added text in bolditalics Deleted text fliH!e-k-tiH'eHgll
(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) Proofofsource ownership orpermissible use, as specified in Env-A 605.02. Env-A 610.09 Department Review ofRegistration Package. (a) The department shall review each registration package for a general statepermitto ensure complete and accurate information is filed in accordance with Env-A 610.08. (b) Ifthe department finds the registration package to be complete and accurate, within 15 days of receipt by the department ofthe registration package filed by the source, the department, pursuant to RSA 125-C: 11 and RSA 125-C: 13, shall issue either: (!) A letter ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letterofdisapproval whichspecifically identifies the reason(s) for disapproval. (c) Ifthe department finds theregistration package to beincomplete, inaccurate, orunclear, within 15 days ofreceiptby the department ofthe 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 ofthe information submitted in accordance with (e), below. (d) An owner or operator who has filed aregistration package in accordance with Env-A 610.08 and who fails to file any required information or who has filed incorrectinformation for a general state permit shall, upon becoming aware oforbeing notifiedby the department ofsuch failure or incorrect submittal, file with the department such supplementary facts or corrected information in writingno later than 30 days after the discovery ornotification. (e) Ifthe department requests clarification from the owner or operator ofthe information filed in accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of receipt ofthe request. (f) For a source that receives a letter pursuant to (c), above, within 75 days ofthe department'sreceipt ofthe registration packagefiled by the source, the departtnent, in accordance with RSA 125-C:11 and RSA 125-C: 13, shall issue either: (1) A letter ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letter ofdisapproval which specifically identifies the reason(s) for disapproval. Readopt withamendments Env-A 610.13 andEnv-A 610.14, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 610.13 Expiration Date And General StatePermitReestablishmentProcedures. (a) Each general statepermit shallbe: (!) Established for aperiod of5 years; and (2) Reestablished in accordance with theprocedures for the reestablishment ofa general state

### Added text in bolditalics 

### Deleted text s!Rlek through permit specified in Env-A 620. FP 2010-74 Annotated 08-31-10 II



### (b) The department shall notify each owner or operator ofthe outcome ofthe reestablishmentprocess 

### in writing. (c) Ifthe general state permit is not reestablished, the owner or operator ofa 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 ofbeing notified by the department that the general state permit was not reestablished. (d) If

### the general state permit is reestablished, the owner or operator ofa source operating under an existing general statepermit shall file arequest 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 departmentreestablishing the general state permit, the department shall: (1) Extend the expiration date ofthe general state permit for a period ofnot more than one year; (2) Publish apublic notice in anewspaper ofgeneral daily statewide circulation stating the extension ofthe expiration date ofthe general state permit; and (3) Notify each owner or operator operating under the general state permit regarding the extension ofthe 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 ofastationary source, area source, or device operating under ageneral 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 permitto operate program. Readopt with amendments Env-A 610.16, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 610.16 Application Procedures For General Permits Under Title V. (a) The owner or operator ofa 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, ifapplicable; (3) All additional information necessary to determine qualification for, and to ensure compliance with, the general permit; (4) Proofofsource ownership orpermissible use, as specified in Env-A 605.02; (5) Thefee(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.Added text in bold italics Deleted text S!Rlclc tlueugl> FP20I0-74 Annotated 08-31-10
Readopt with amendmellts Env-A 612.01, eff. 4-26-03 (doc. 117879), to readasfollows: 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 arequest for an administrative amendment within 60 days ofreceipt by the department ofa request filed pursuant to (a), above, and shall, in the case oftitle V operating permits, submit a copy ofthe revised permitto EPA. (c) Notice to the public or affected states ofthe changes incorporatedinto thepermit shall not be required, provided that the department designates any such permitrevisions 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 asfollows: Env-A 612.03 MinorPermit Amendments: Temporary Permits and StatePermits to Operate. (a) The owner or operator ofa source or device shall file with the department arequest for a minor permit amendment for any proposed change to an existingpermit condition which will not result in an increase in the amount ofa specific airpollutant currently emitted by the source or device and will not result in the emission ofany regulated airpollutant orregulated toxic air pollutant currently not emitted by the
source or device. (b) The request for a minorpermit amendment shall: (1) Be in the form ofa letter to the department; (2) Describe the proposed change; and (3) Describe any new requirements that will apply ifthe change occurs. (c) The department shall take final action on arequest for a minor permit amendment within 90 days ofreceipt ofarequest filed pursuant to (a) and (b), above. (d) The owner or operator may implementtheproposed changeimmediately upon filing arequest for minor permit amendment with the department. Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate. (a) The owner oroperator shall file an application to the department for a significantpermit amendment for any proposed change to thephysical structure or operation ofthe source or device covered by the temporarypermit or state permit to operate which increases the amount ofa specific air pollutant currently emitted by such source or device or which results in the emission-ofany regulated airpollutant currently not emitted by such source or device or not coveredby thepermitfor the source or device. (b) Arequest for a significantpermit 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 pertinentinformation with regard to the amendment including, ifapplicable, the information specified in Env-A 1709; (2) Tbefee(s) specified in Env-A 702through Env-A 705, as applicable; (3) A description of:

a. Theproposed change; b. Theemissions resulting from the change; andAdded text in bolditalics Deleted text struek thro:<gb FP 2010-74 Annotated 08-31-10

c. Any new requirements that will apply ifthe 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 ofreceipt by the department ofa 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 theproposed 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 operatingpermit modification, the owner or operator shall file a written request to the department for a minorpermit 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 minorpermit modification shall be considered timely ifitis filed with the department at least 90 days priorto the designated expiration date ofthe temporary permit. (c) The request for a minorpermit 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 throughEnv-A 705, as applicable; and (3) A description of:

a. Thechange; b. Theemissions resulting from the change; and

c. Any new requirements that will apply ifthe change occurs; (4) Where airpollution 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 aresponsible official, consistent with the provisions ofEnv-A 605.04(b), that 

### the proposed change meets the criteria for the use ofthe minor permit modification procedures; (7) A request that minorpermit modification procedures be used; and

. (8) Foruse by the departmentin notifying EPA and affected states, 2 additional copies ofthe information required by (l), above. (d) Within 5 working days ofthe receipt by the department of arequest filed pmsuant to (a)-(c), above, 

### fur aminor permit rnodification to atitle V operating permit, the department shall notify EPA and any affected state(s) ofthe request. (e) The department shall not make a final decision on a requested permit modification to a titleV operating permit until afterEPA's 45-day review period oruntil EPA has notified the department that EPA will not object to thepermit modification, whichever comes first. (f) By the later of90 days from receiving an application filed pursuant to (a) -(c), above, or 15 daysAdded text in bolditalics Deleted text

**!lffil~ttgl>** FP2010-74 Annotated 08-31-10

after the end ofEPA's 45-day review period, the department shall: (I) Issue the requested permit modification ifit meets the requirements ofthis section; 14

(2) Deny the requested permit modification ifit does not meet the requirements ofthe section; (3) Determine that the requested modification does not qualify as a minor permit modification and review the request under the significantpermit modification procedures in Env-A 612.06; or (4) Revise the draft permit to the extent that it does not meet the requirements ofthis section and send to EPA and to the applicant the new proposed permit modification. (g) The owner or operator may implement theproposed changeimmediately 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. AmendEnv-A 612.06(c), (e) and (f), eff4-26-03 (doc. #7879), amendedeff 7-28-04 (doc. #8129), cited andto read asfollows: Env-A 612.06 Significant PermitModifications: Title V Operating Permits. (c) Prior to implementing a significantpermit modification, the owner or operator shall file a written request with the departmentfor a significant permitmodification which includes the following: (I) An application form, providedby 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. Thechange; b. The emissions resulting from the change; and

e. Any new applicable requirements thatwill apply ifthe change occurs; (3) The owner or operator's suggested draftpermit conditions; (4) Certificationby aresponsible official, consistent with the provisions ofEnv-A 605.04(b), that theproposed change meets the criteria for the use ofthe significantpermit modification procedures; (5) A request that significantpermitmodification procedures beused; (6) Where airpollution dispersion modeling is required for a source ordevice pursuant to Env-A 606.02, the information required pursuant to Env-A 606.03; and (7) Thefee(s) specified in Env-A 702through Env-A 705, as applicable. (e) An application for a significant modification to a title V operatingpermit shall be deemed complete by the department within 60 days ofits filing, unless the departmentrequests additional information or otherwise notifies the applicant ofincompleteness. (!) The department shall take final action on arequest for significantpermit modification no laterthan 9 months after the filing ofa complete application provided that: (I) Theprocedures forpublicparticipation specified in Env-A 622 havebeen satisfied;Added text in 

### bolditalics Deleted text stmekthroc>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) Theconditions ofthe permit provide for compliance with all applicable requirements oftitle V ofthe Act and all applicable requirements ofEnv-A 300 et §ff!.; and (4) TheEPA has received a copy ofthe proposed permit and any notices required and has not objected to issuance ofthe significantpermit modification within the time period specified in Env

### A 609.13(b). 

### Readopt with amendments PARTEnv-A 616, eff. 4-26-03 (doc. #7879), to readasfollows: PARTEnv-A 616 DETERMINATION OFACTUALEMISSIONS Env-A 616.01 Determination ofActual Emissions. The owner or operator ofa stationary source, area 

### source, or device shall determine the actual annual emissions from the source or device as specified in Env-A 705.02. 

### AmendEnv-A 617.01 intra, (a), and (b), eff4-26-03 (doc. #7879), to readasfollows: Env-A 617.01 Exception to Obtaining a TemporaryPermit or State Permit to Operate. Notwithstanding theprovisions ofEnv-A 603.0l(a) or (b), a temporary permit or a statepermitto operate shall not berequired for any research and development operation provided that all ofthe following conditions are met: 

### (a) The owner ofan existing stationary source, area source, or device files awritten request with the department to treat the stationary source, area source, or device as aresearch and development operation, and receives awritten 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 ofa new stationary source, area source, or device filed a written request with the 

### department prior to the construction, installation, or operation ofthe stationary source, area source, or device to treat the stationary source, area source, or device as aresearch and development operation, and has received awritten determination from the department that the stationary source, area source, or device meets the definition ofa research and development operation according to the requirements found in (c) through (e), below;


### AmendEnv-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 617.02 Exception to Obtaining a Title V OperatingPermit. Notwithstanding the provisions of Env-A 603.0l(a) or (b), a title V operatingpermit shall notberequired for any research and development operation provided that all ofthe following conditions are met: 

### (a) The owner ofan existing stationary source, area source, or device files awritten request with the department to treat the stationary source, area source, or device as aresearch and development operation and receives awritten determination from the department that the stationary source, area source, or device meets the definition ofa research and development operation according to therequirements found in (c) through (g), 

### below; (b) The owner ofanew stationary source, area source, or device files awritten request with the department prior to the construction, installation, or operation ofthe stationary source, area source, or device to treat the stationary source, area source, or device as aresearch and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition ofa 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

AmendEnv-A 618.05 intro, (b), and (d), eff4-26-03 (doc. 117879), to readasfollows: 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 ofthis section shall be filed as part ofthe permit application, as required under Etw-A 600; and
Readopt with amendment Env-A 619.05, ejf. 4-26-03 (doc. 117879), to readasfollows: Env-A 619.05 DepartmentReview. (a) Within 30 days ofreceipt ofan application, the department shall notify the applicant as to the completeness ofthe application orany deficiency in the application or information submitted. (b) In the event ofa deficiency in an application, the date offiling ofthe 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 ofa complete application, the department shall make a final determination ofwhether construction should be approved, approved with conditions, or disapproved, in accordance with the provisions of40 CFR 52.2l(j)- (p). AmendEnv-A 620.05{d), ejf. 7-28-04 (doc. 118129), citedandto readasfollows: 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 ofreceiving such information. AmendEnv-A 621.07{a) and (b), e.ff. 7-28-04 (doc. #8129), cited and to readas follows: Env-A 621.07 PublicAccess to Information. (a) Ifthe applicant is not a municipality, the applicant shall file 2 copies ofthepermit application with the department. (b) Ifthe applicant is a municipality, the applicant shall file one copy ofthepermit application with the department and shall make another copy available to the public for review.

AmendEnv-A 622.04(a) intra and (1), eff 7-28-04 (doc. #8129), citedandto read asfollows: Env-A 622.04 EPA Review. (a) The department shall provide the following to EPA: (1) A copy ofthepermit application or, upon agreement with EPA, a summary thereof, unless the applicant has filed a copy ofthepermit application withEPApursuant to Env-A 609.06(d);Added text in bolditalics Deleted text strHek through FP2010-74 Annotated 08-31-10 17

AmendEnv-A 622.06(a) and (b), eff 7-28-04 (doc. 118129), citedand to readas follows: Env-A 622.06 Public Access to Information. (a) When applying to the department for a permit orpermit modification, the applicant shall file 2 copies ofthe permit application with the department, except as noted in (b), below. (b) Ifthe applicant is a municipality, the applicant shall file one copy ofthe permit application with the department and shall make another copy available to thepublic forreview.

AmendEnv-A 624.03(c), eff6-8-06 (doc. #8654), citedandto readas 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 thereofin accordance with Env-A 609 or Env-A 612, as applicable, for the continued operation ofthat source.

APPENDIX Rule Section(s) State or Federal Statute

### IFederal Regulation lnl]Jlemented Env-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; 42U.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 608.1O(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; 42U.S.C. §§7503(c) & 7511a(c)(l0); 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; 42U.S.C. §7661d(a)(l); 40 CFR §70.8(a) RSA 125-C:12, II; 42U.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 '" 

# tJ)
Final Proposal #2010-75 Oftice ofLegislative Services Division ofAdministrative Rules DATE 

### August 31,2010

AT 

### (OFFICE) DES

In accordance withRSA 541-A:12, enclosed please find the Final Proposal Cover'Sheet and copies ofthe corresponding rule for the following rules:

Env-A

**~,** 

### 79§.92 1

### 903.01(b), 907.01(a), J7Q:J 91\g)· Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Use in CalculatingEmission-Based Fee

Ifyou 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 ARDCOVERSHEETFORFINALPROPOSAL

NoticeNumber 2010-75 RuleNumber Env-A

**~** i'99.Q:l; 903.0l(b), 907.0l(a), 1983.81(a)
'I. Agency Name & Address: Department ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NI-l 03302-0095 2. RSA Authority: 3. Federal Authority: 4. Type ofAction: 

# ISJ Adopt 

# ISJ Amendment 

# 0 Repeal 

# 0 Readoption RSA 125-C:4, I (i), (d) & (k) 42U.S.C. §766la



## QS] Readoption w/amendment

5. ShortTitle: Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Usein Calculating Emission-BasedFee 6. Contact person forcopies andquestions: Name: Address: Karla McManus Department ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Title: ARD Planning and RulesManager Phone#: (603) 271-6854

7. Yes 

# 0 No 

# ISJ Agency requests Committee legal counsel review and delayed Committeereview pursuant to RSA 541-A:l2, I-a 8. Therulemaking notice appeared in theRulemaking Register on July 2,2010
SEE THEINSTRUCTIONS--PLEASE SUBMIT 2 COPIES OFTHIS COVER SHEET AND 2 COPIES OF THEFOLLOWING: (and numbered correspondingly)

9. The "Final Proposal-Fixed Text", includingthe cross-reference table requiredbyRSA 541-A:3-a, II as an appendix. 10. The full text oftheRSA passage grantingrulemaking authority. 11. Yes 

## 0 N/ A 

# ISJ Incorporationby Reference Statement(s) becausethis ruleincmporates a documentby reference for which an Incorporation byReference Statement is required pursuantto RSA 541-A:l2,

### IlL 12. Yes 

# ISJ N/A 

# 0 The "Final Proposal-AnnotatedText" indicatinghow theproposedrule was changed because the text ofthe rule changed from theInitial Proposal pursuantto RSA 541- A:l2, Il(e). 13. Yes 

# 0 N/ A 

# ISJ The amended fiscal impact statementbecausethe change to thetext oftheInitial Proposal affects the original fiscal impact statement (FIS) pursuantto RSA 541-A:5, VI.

### FP 2010-75 Fixed Text 08-30-10

1Env-A 702.04 to read as follows: 

### v-A 702.04 Permit-by-Notification Fee. The owner or operator ofa stationary source, , ea source, 01 

### evice that applies for a permit-by-notification pursuant to Env-A 603.02 shall sub 'tto 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 ofActual Emissions for Use in Calculatin

**~** The owner ·operator ofa stationary source, area source, or devic ·equired to pay an 

### emission-based fee shall termine actual annual emissions by using the met dfrom the following list that uses the most accurate avail le data:

**~** 

### Emissions da from acertified gaseous CEM syste1 meeting the requirements ofEnv-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:lepartmentpursuant to Env-A 802 orEnv-A 809, orby EPA, in conjunction 'th the oper ing conditions specified in thepermit for the device issued pursuant to Env-A 6 

### 0:) Emissions calculated from ama balance ofthe process, in conjunction with the operating conditions specified in the en itfor the device issued pursuant to Env-A 600; 

### (110 Emission factors based on ternate e · sions data guaranteed by the manufacturer ofthe device, certified by EPA as ac rate for the de ·ce, or collected during a stack test ofan 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 pursuantto Env-A 600;

**~** 

### AP-42, Fifth dition, "Compilation ofAirPollutan 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 epermit for the device issued pursuant to Env-A 0; or

**~** E 0 

### ineering calculations that are representative ofthe 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 ofone nper year. 

## y.Q A description ofthe method used for calculating actual emissions shall be submitte othe d partment with each fee payment. AmendEnv-A 903.0l(b), eff. 4-21-07(doc. #8872), citedand to readas follows: 

### Env-A 903.01 Applicability. (b) The owner or operator ofany ofthefollowing sources or devices shall not be required to comply with the requirements ofthis part withrespect 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 ordevice that is operated pursuant to a permit-by-notification issued pursuant to Env-A 603.02. AmendEnv-A 907.0J(a), eff. 4-21-07 (doc. #8872), cited and to readasfollows: Env-A 907.01 General Reporting Requirements. (a) Theowner or operator ofany 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 orbefore April 15 ofthe year following the calendar year covered 

### by the report. AmendEnv-A 1703.0l(a), eff 5-3-03 (doc. #7886), citedand to readasfollows: Env-A 1703.0I Form ARD-1, General Information Required ofAll Permit Applications. (a) An applicant for any type ofpermit otherthan a general permit or permit-by-notification shall complete a form ARD-1, "General Information for all PermitApplications".

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 bolditalics 

### deleted language stmek tllrougll FP 2010-75 Annotated 08-30-10

!optEnv-A 702.04 to readc<Sfollows: 

### nv-A 702.04 Permit-by-Notification Fee. The owner or operator ofa 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 afee of$1,000 with the permit application. Readopt with nendments Env-A 705.02, eff. 6-26-04 (doc.#8111), to readas follows: 

### Env-A 705. Determination ofActual Emissions for Use in Calculatin ssion-Based Fee. 

## }iJ The owne or operator ofastationary source, area source, or devic required to pay an 

### emission-based fee shall etennine actual annual emissions by using the met od from thefollowing list that uses the mostaccurat available data:



### f!jJ year, then ofone t **~** 

### Emissions d a from acertified gaseous CEM syste meeting the requirements ofEnv-A 808, which includes bstitute data in accordance with v-A 808.13 for eachperiod for which the CEM system did no collect valid data; 

## \Jl), Emission factors bas on emissions data fr mthe most recently conducted compliance method stacktest observed an approved by th i:lepartmentpursuant to Env-A 802 or Env-A 809, or by EPA, in conjunction ith the oper ing conditions specified in thepermit for the device issued pursuant to Env-A 

### ()?Q Emissions calculated from ama balance ofthe process, in conjunction with the operating conditions specified in the en 'tfor the device issued pursuantto Env-A 600;

**~** 

### Emission factors based on ternate et · sions data guaranteed by 

### the manufacturer ofthe 

### device, certified by EPA as ac rrate for the de e, or collected during a stack test ofan identical device that was no observedby the dep tment, that meets all other acceptance criteria specified in (2), a ve, in conjunction with t 

### eoperating conditions specified in the permitfor the device is edpursuant to Env-A 600;

**~** 

### AP-42, Fifth dition, "Compilation ofAir Pollutant mission Factors, Volume I: Stationary Point 1d Area Sources", published in 1995 by th EPA, as supplemented from 1996-2000an updated from 2001-2009, in conjunction with e operating conditions specified in epermit for the device issued pursuant to Env-A 6 ; or

**~** 

### En meering calculations that are representative ofthe 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 pursuantto (a), above, are determined to be less th 1one ton per 1e owner or operator shall calculate the emission-based fee using an emission-ba d multiplier peryear. 

### \l<), A description ofthe method used for calculating actual emissions shall be submitted t he d artment with each fee payment. AmendEnv-A 903.0l(b), eff. 4-21-07(doc. #8872), citedand to readctsfollows: 

### Env-A 903.01 Applicability. (b) The owner or operator ofany ofthe following sources ordevices shall not be required to comply with the requirements ofthis part with respect to that device:Added language in bolditalics 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. AmendEnv-A 907.01(a), eff. 4-21-07 (doc. #8872), citedand to readas follows: Env-A 907.01 General Reporting Requirements. (a) The owner or operator of any stationary source, area source ordevice subject to Env-A 600, excluding a source ordevice operated pursuant to apermit-by-notification, shall submit an annual emissions report to the department on or before April 15 ofthe year following the calendar year covered by the report.v-A 1703.0l(a), eff. 5-3-03 (doc. #7886), citedand to



### '"re~cul.<<8-j'r1/1,m;­ Env-A 1703.01 

### lications.



### ~ A · nt for any type ofpermit otherthan a genera · r ermit-by-notification shall coolj111!)l)e a form ARD-1, "General Information for all PermitApplications".

APPENDIX
Rule Section(s) StateStatute(s) Implemented FederalStatute(s) Implemented



## - . , ' , : , Env-A 903.01(b) RSA 125-C:6, XI Env-A 907.01(a) RSA 125-C:6, XI CAASec. 182 : 

### ,FROM 

### STATE OFNEWHAMPSHIRE



### Thomas S. Burack 

# N\f\(\ 

# J
Commisswncr / \ ' •\



# ~ DATE 

### August 31,2010

AT (OFFICE) 

### DES

SUBJECT 

### Final Proposal #2010-76 

# f

**~**

# b

TO Office ofLegislative Services Division ofAdministrative Rules

In accordance with RSA 541-A: 12, enclosed please fmd the Final Proposal Cover Sheet and copies ofthe 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-A2806.04)

Ifyou have any questions, please contact Gretchen Hamel at 271-3137 or KarlaMcManus at 271-6854.

Enclosures

cc: Gretchen Hamel, DES Legal Unit

ec: Karla McManus, DES ARDCOVERSHEETFORFINAL 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 ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 3. Federal Authority: 4. Type ofAction: 

## 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. Contactperson for copies and questions: Name: Address: Karla McManus Department ofEnvironmental 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 Agencyrequests Committee legal counselreview and delayed Committeereviewpursuant to RSA 541-A: 12, 1-a 8. Therulemaking notice appeared in the Rulemaking Register on July 2,2010
SEE THE INSTRUCTIONS--PLEASE SUBMIT2 COPIES OFTHIS COVER SI-IEET AND 2 COPIES OFTHEFOLLOWING: (and numbered correspondingly)
9. The "Final Proposal-Fixed Text", including the cross-referencetable required byRSA 541-A:3-a, II as an appendix. 10. Thefull text ofthe RSA passage granting rulemaking authority. 11. Yes 

# 0 N/A 

# 1Z1 Incorporation by Reference Statement(s) because this rule incorporates a documentby reference for which an Incorporation by Reference Statementis required pursuantto RSA 541-A:l2, III. 12. Yes 

## iZ1 N/A 

## 0 The "Final Proposal-Annotated Text" indicating how theproposedrule was changed because the text ofthe rule changedfrom the Initial Proposal pursuant to RSA 541- A:l2, II(e). 13. Yes 

# 0 N/A 

## iZ1 The amended fiscal impact statementbecause the changeto the text ofthe 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 ofCHAPTER Env-A 2800 asfollows: 

### CHAPTEREnv-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 PARTEnv-A 2801 asfollows: 

### PART

**Env~A** 

### 2801 PURPOSEAND APPLICABILITY Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to read as follows: 

### Env-A 2801.01 Purpose. Thepmpose ofthis 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) Permitby notification requirements for non-metallic mineral processingplants. Readopt with amendments Env-A 2802.01, eff. 11-24-04 (doc. #8218), and renumberas Env-A 2801.02, to read asfollows: 

### 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 cementblock source. Change the heading of PARTEnv-A 2802 as follows: 

### PART Env-A 2802 DEFINITIONS AdoptEnv-A 2802.01 through Env-A 2802.03 to readasfollows: 

### Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storagebin, and enclosed truckorrailcar loading station at an affected facility, as well as each crusher and grinding mill.at hot mix asphalt facilities that reduce the size ofnonmetallic minerals embedded in recycled asphaltpavement. 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 acapacity 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 orpumice plantwith a capacity of 10 tons perhour orless. Env-A 2802.03 "Non-metallic mineral processing plant" means any combination ofequipment used to grind orcrush 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 materialFP2010-76 FixedText 08-30-10 2
Readopt with amendmentsEnv-A 101.166, eff 1-18-97(doc. #6428-A}, and renumber as Env-A 2802.04, to readasfollows: Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, sizing, or blending ofrock, 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 orcrushing. AdoptEnv-A 2802.05 to read tiS follows: Env-A 2802.05 "Successful compliance test" means a completed test that is performed for the purpose ofdemonstrating compliance and that does demonstrate thatthe source is in compliance with the requirement(s) for which the test is conducted. Change the heading of PARTEnv-A 2803 as follows: PART Env-A 2803 REQUIREMENTS FOR NON-METALLIC MINERAL PROCESSING PLANTS Readopt with amendments Env-A 2803.01 andEnv-A 2803.02, eff 11-24-04 (doc. #8218), and renumberas Env·A 2803.01 through Env-A 2803.03, to readas follows: Env-A 2803.01 Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing Plants. (a) A non-metallic mineral processingplant that is an affected facility shall comply with the visible emission and particulate matter standards specified in 40 CFR 60, subpart 

### 000, regardless ofwhen 

### construction, modification, or reconstruction ofthe plant conunenced, provided, however, that the differentiation in subpart 

### 000between 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) Theowner 01' operator of a non-metallic mineral processingplantthat is not an affected facility 

### shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of20percent opacity, determined in accordance withEnv-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 ofan affected facility shall conducta successful compliance test on the affected equipment in accordance with40CFR 60.675 within one year after the 2010 effective date ofthis chapter 

### ifthe affected facility: (I) Is in existence on the 2010 effective date ofthis chapter; and (2) Has neverhad a successful compliance testprior to that date. (b) Ifan affected facility does not operate during the yearfollowing the 2010 effective date ofthis chapter or ifspecific affected equipmentis not used during the year following the 2010 effective date of this chapter, the owner or operator shall conduct a successful compliancetest on the affected facility or specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days ofachieving 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 oroperator ofan affected facility shall conduct a successful compliancetest: (I) Within 60 days after changing the method ofdust suppression used atthe affected facility;FP 2010-76 Fixed Text 08-30-10 3

(2) Within 60 days after achieving the maximumproduction rate at which the affected equipment will be operated or 180 days after initial startup, whichever is sooner, ifthe owner or operator replaces a piece ofaffected equipment; or (3) Ifthe test is otherwiserequired by 40 CFR 60 subpart 

### 000. (d) The owner or operator ofan affected facility shall notbe required to conduct a compliance test solely because the location ofthe affected facility has changed. Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. The owner or operator ofa non-metallic mineral processingplant shall not operate theplant unless it is equipped with afugitive emission 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 asfollows: PARTEnv-A 2804 VISffiLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, AND CEMENT BLOCK SOURCES Env-A 2804.0I Visible Emission Standard for Cement, Ready Mix Concrete, and CementBlock Sources. (a) Visiblefugitive emissions or visible stack emissions from a cement, ready mix concrete, or cementblock source shall not exceed an average of20 percent opacity for any continuous 6-minuteperiod. (b) Opacity shall be determined in accordance with Env-A 807. Change the heading of PARTEnv-A 2805 as follows: PARTEnv-A 2805 FUGITIVEDUST CONTROLFORALL SOURCES Readoptwith amendments Env-A 2805.01, eff. 11-24-04 (doc. #8218), to read as follows: Env-A 2805.0I FugitiveDustControl for All Sources. (a) For any source or plant subject to this chapter, the owner or operator shall control emissions of dustfrom 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 dustfrom stockpilingby usingfugitive dust control methods such as wet suppression, windbreaks, enclosures, or soil stabilization. Adda heading for PARTEnv-A 2806as follows: PARTEnv-A 2806 PERMIT-BY-NOTIFICATION FORNON-METALLIC MINERALPROCESSING PLANTS AdoptEnv-A 2806.01 through Env-A 2806.03, to readasfollows: Env-A 2806.01 Permit-By-Notification Required. Priorto 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 20I0-76 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 ofa 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. Thefiling 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) Thefiling demonstrates that the plant will meet the applicable requirements ofEnv-A 2803, Env-A 2805, and Env-A 2806. (c) Within 10 days after initial startup ofan affected facility, the owner or operator shall notify the department by fax, email, or postal mail ofthe actual date ofstartup. Env-A 2806.03 Notification ofChanges Required. (a) Within 10 days after apermit-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, orpostal mail, containing the following information: (!) Theunique facility identification assigned by the department in the initiaJ·permit-by

### notification; (2) Thephysical location from which the facility was moved; and (3) Thephysical location to which the facility was moved. (b) Within 10 days after thereplacement ofany affected equipment, the owner or operator shall file a notification with the departmentthat contains: (I) Theinformation specified in 40 CFR 60.676(a)(l), (2), (3), and (4), as applicable; and (2) Thedate onwhich testing ofthe 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 renumberas Env-A 2806.04, so thatEnv-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, orboth, the owner or operator uses to identify theplant; (c) Thephysical location oftheplant, including street address and municipality; (d) Any previous permit number; (e) Theraw material throughput operating at maximum capacity, in pounds per hour and tonsperyear; (f) A list ofall 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 ofequipment, 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, ifavailable; (3) Therated capacity ofeach crusher, grinding mill, bucket elevator, bagging operation, or 

### enclosed truck or railcar loading station in tons per hour; (4) The total surface area ofthe top screen ofeach screening operation; (5) The width ofeach conveyorbelt; (6) The rated capacity in tons ofeach storage bin; and (7) The date of:



### a. Initial construction or installation in New Hampshire; b. The most recent modification, if applicable;

c. The mostrecentreplacement, ifapplicable; and d. The most recent successful compliance test, if applicable; (h) Fora new ormodified non-metallic mineral processingplant or for one that has never been tested, the date(s) on which compliance testing will beconducted; and (i) A briefexplanation ofthe methods that will beused to control emissions and fugitive dust. AdoptEnv-A 2806.05 through Env-A 2806.07, to readasfollows: Env-A 2806.05 Signature and Certification. (a) The owner or operator ofthe non-metallic mineral processingplant shall sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. (b) The signature ofthe 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 ofthe town or city in which the facility is located ofits pending operation; and (4) All information filed is true, complete, and not misleading to the knowledge and beliefof 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 ofa non-metallic mineral processing plant shall retain records for a 

### minimum of

### 5years on:FP 20I0-76 Fixed Text 08-30-10 6

(!) The total quantity ofall materials processed on an annual basis; and (2) Theresults ofall 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 ofa non-metallic mineral processing plant shall file the results ofany performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart 000, within 60 days ofthe test.

APPENDIX 

### Rule Section(s) StateStatnte(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, IVAdded language in bolditalics deleted language struek through Change the heading a,{CHAPTER Env-A 2800 asfollows: FP 2010-76 Annotated 08-30-10

CHAPTER Env-A 2800 SAND AND ORAVEL SOURCES; NON-METALLIC MINERAL PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES Statutory Authority: RSA l25-C:4, I Change the heading of PARTEnv-A 2801 asfollows: PARTEnv-A 2801 PURPOSEAND APPLICABILITY Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to readasfollows: Env-A 2801.01 Purpose. The purpose ofthis 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 processingplants. Readopt with amendments Env-A 2802.01, eff. 11-24-04 (doc. #8218), and renumberas Env-A 2801.02, to readasfollows: 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, orcementblock source. Change the heading of PARTEnv-A 2802 as follows: PART Env-A 2802 DEFINITIONS AdoptEnv-A 2802.01 through Env-A 2802.03 to read asfollows: Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck orrailcar loading station at an affected facility, as well as each crusher and grinding mill at hot mix asphaltfacilities that reduce the size ofnonmetallic minerals embedded in recycled asphaltpavement. Env-A 2802.02 "Affected facility" means a non-metallic mineral processingplant 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 perhouror less; (d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and (e) A common clayplant orpumice plant with a capacity of l0 tons perhour orless. Env-A 2802.03 "Non-metallic mineral processingplant" means any combination ofequipment 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 withthe grinding or crushing equipment to dry, mix, 

### convey, size, or blend the processed material.Added language in bold italics; deleted languagefiffilelc 

### throHgh FP 2010-76 Annotated 08-30-10 2
Readopt with amendments Env-A 101.166, eff. 1-18-97(doc. 116428-A), and renumberas Env-A 2802.04, to read'"' follows: Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, sizing, orblending ofrock, 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. AdoptEnv-A 2802.05 to readasfollows: Erw-A 2802.05 "Successful compliance test" means a completed test that is performed for the purpose ofdemonstrating compliance and that does demonstrate thatthe source is in compliance with the requirement(s) for which thetest is conducted. Change the heading of PARTEnv-A 2803 asfollows: PART Env-A 2803 EMISSION STANDARDSREQUIREMENTSFORNON-METALLIC MINERAL PROCESSING PLANTS Readopt withamencbnents Env-A 2803.01 andEnv-A 2803.02, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2803.01 through Env-A 2803.03, to read asfollows: Env-A 2803.01 VisibleEmission and ParticulateMatter 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 andparticulatematterstandards specifiedin 40 CFR 60, subpart 000, regardless ofwhen construction, modification, orreconstruction ofthe plant commenced,provided, however, thatthe differentiation in subpart 

### 000 between affected facilities thatcommenced constmction, modification, orreconstructionpriorto Apri/22, 2008 andthose that commenced construction, modification, orreconstruction on orafterApri/22, 2008 shallstillapply. (eb) The owner oroperator ofa non-metallic mineral processing plantthat is not an affected facility shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of20percent opacity, determined inaccordance with Env-A 807, for any continuous 6-minute period at crushers, transfer points, or screens. Env-A 2803.02 Compliance TestingRequirementsfor Non-metallic Mineral ProcessingPlants. (lla) The owner or operator ofan 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 ofthis chapter ifthe affected facility: (1) Is in existence on the 2010 effective date ofthis role-chapter; and (2) Has never 'eee!r-hada successfullycompliance testedpriorto that date. (b) If anaffected facility does notoperateduring theyear following the2010 effectivedate of this chapter or if specific affectedequipmentis not usedduring theyear following the2010 effective date of this chapter, the owneroroperatorshallconducta successfulcompliance teston the affected facility or specific affectedequipment, as applicable, inaccordance with 40 CFR 60.675within 60 days of achievingthe maximumproduction rate at which the affected facility oraffectedequipmentwillbe operatedor180days afterstartup, whichever is sooner. (c) In addition to the compliance testrequiredby (a) or (b), above, t+he owneror operator ofan affected facility shall conduct a successful compliance test:Added language in bolditalics; deleted language struck througll FP 2010-76 Annotated 08-30-10 3
(1) Within 60 days after changing the method ofdust suppression used at the affected facility; (2) Within 60 days afterachievingthe maximumproduction rate atwhich the affected equipment will be operatedor 180 days after initial startup, whichever is sooner, ifthe owner or operatorreplaces a piece ofaffected equipment; or (3) Ifthe test is otherwise required by 40 CPR 60 subpart 

### 000. (d) The owner or operator of an affected facility shall notberequired to conduct a compliance test solely because the location ofthe affected facility has changed. Env-A 2803.\hlOJ FugitiveEmission Control Systems for Non-MetallicMineral Processing Plants. The owner or operator of a non-metallic mineral processingplant shall not operatethe plant unless it is equipped with afugitive enussion control system that is operated and maintained to control theemission of particulate matter. Readopt PARTEnv-A 2804, eff 11-24-04 (doc. #8218), to readasfollows: PART Env-A 2804 VISIBLEEMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, AND CEMENTBLOCK SOURCES Env-A 2804.01 VisibleEmission Standard for Cement, Ready Mix Concrete, and Cement Block Sources. (a) Visiblefugitive enussions or visible stack emissions from a cement, ready mix concrete, or cementblock source shall not exceed an average of20 percent opacity for any continuous 6-minute period. (b) Opacity shall be determined in accordance with Env-A 807. Change the heading of PARTEnv-A 2805asfollows: PARTEnv-A 2805 FUGITIVEDUST CONTROLFOR ALL SOURCES Readopt with amendments Env-A 2805.01, eff. 11-24-04 (doc. #8218), to read asfollows: Erw-A 2805.01 Fugitive DustControl for All Sources. (a) For any source or plant subject to this chapter, the owner or operator shall control emissions of dustfrom vehicular movement within theplant 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 stockpilingby using fugitive dust control methods such as wet suppression, windbreaks, 

### enclosures, or soil stabilization. Adda headingfor PARTEnv-A 2806 ctsfollows: PARTEnv-A 2806 PERMIT-BY-NOTIFICATION FORNON-METALLIC MINERAL PROCESSING PLANTS AdoptEnv-A 2806.01 throughEnv-A 2806.03, to readasfollows: Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral processingplant, the owner or operatorshall 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 ofa 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) Thedepartment shall issue apermit-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 ofEnv-A 2803, Env-A 2805, and Env-A 2806. (c) Within 10 days after initial startup ofan affected facility, the owner oroperator shall notify the department by fax, email, or postal mail ofthe actual date ofstartup. Env-A 2806.03 Notification ofChanges Required. (a) Within 10 days after apermit-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 uniquefacility identification assigned by the department in the initial permit-bynotification; (2) Thephysical location from which the facility was moved; and (3) Thephysical location to which the facility was moved. (b) Within I0 days after the replacement ofany affected equipment, the owner or operator shall file a notification with the department that contains: (1) Theinfonnation specified in 40 CFR 60.676(a)(l), (2), (3), and (?4), as applicable; and (2) Thedate on which testing ofthe 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 renumberasEnv-A 2806.04, so thatEnv-A 2806.04 reads asfollows: Env-A 2806.04 Application Content. The applicantfor apermit-by-notification for nonmetallic mineral processingplants 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) Thename ornumber, or both, the owner oroperator uses to identify the plant; (c) The physical location oftheplant, including street address and municipality; (d) Any previous permit number; (e) Theraw material throughput operating at maximum capacity, in pounds per hour and tons peryear; (f) A list ofall affected equipment atthe plant, not including any energy-generating devices;Added language in bolditalics; deleted language struelc tforeugh (g) For each listed piece ofequipment, the following: FP 2010-76 Annotated 08-30-10

(I) A description and the name or number, orboth, the owner or operator uses to identify the equipment; (2) The manufacturer and serial number, if available; (3) The rated capacity ofeach crusher, grinding mill, bucket elevator, bagging operation, or 

### enclosed truck or railcar loading station in tons per hour; ( 4) Thetotal surface area ofthe top screen ofeach screening operation; (5) The width ofeach conveyorbelt; (6) The rated capacity in tons ofeach storage bin; and (7) The date of:


### a. Initial construction orinstallation in New Hampshire; b. Themost recent modification:ifapplicable;

c. Themost recent replacement, ifapplicable; and d. The most recent successful compliance test, ifapplicable; (h) For a new ormodified non-metallic mineral processing plant orfor one that has never been tested, the date(s) on which compliance testing will be conducted; and (i) A briefexplanation ofthe methods that will be used to control emissions and fugitive dust. AdoptEnv-A 2806.05 through Env-A 2806.07, to readasfollows: Env-A 2806.05 Signature and Certification. (a) The owner or operator ofthe non-metallic mineral processing plant shall sign each application filed pursuantto Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. (b) The signature ofthe 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 ofthetown or city in which the facility is located ofits pending operation; and (4) All information filed is true, complete, and not misleading to the knowledge and beliefof 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 owneror operator ofa non-metallic mineral processingplant shall retain records for aAdded language in bolditalics; deleted languagefitfHelc

**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 ofa 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 ofthe test.

APPENDIX
Rule Section(s) StateStatute(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-A2804 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 COVERSHEETFORFINALPROPOSAL 

### FC;;i!I! 

### ?ro;.x;tl!.\J



## i·~o.

# d.Qlry ' \t.t

**ID>m~** rn:fl.t.i 

# g- 3\ :..\a

NoticeNumber 2010-74 Rule Number Env-A 600

- various sections and paragraphs

1. Agency Name & 

### Address: Department ofEnvironmental Services 29 Hazen·Drive P.O. Box 95 Concord, NH 03302-0095 2. RSA 

### Authority: 3. Federal Authority: 

### 4. Type ofAction: 

# IZJ Adopt 

# IZJ Amendment 

# 0 Repeal 

# 0 Readoption RSA I25-C:4, I (d)- (h) & 

### (j) 

### 42U.S.C. §766la.(d)



# IZJ Readoption w/amendment

5. ShortTitle: Revisions to Statewide AirPermit System 

### 6. Contactperson for copies and questions: Name: Karla McManus · Address:

. DepartmentofEnvironmental Services

· 29 HazenDrive

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 Committeereview pursuant
to RSA 541-A:12, I-a 8. Therulemaking notice appeared in the RulemakingRegister on July 2, 2010

·.: 

### SEETHEINSTRUCTIONS--PLEASESUBMIT2 COPIES OFTHIS COVERSHEET AND 2 

### COPIES OFTHEFOLLOWING: (and numbered correspondingly)


### 9. The ''Final Proposal-FixedText", including the cross-reference tablerequired by RSA 541-A:3-a, 

### II as an appendix. 10. Thefull text oftheRSA passage grantingrulemaking authority. 

### 11. Yes 

# 0 N/A 

# IZJ Incorporation by Reference Statement(s) becausethis nileincorporates a documentby

· reference for which anIncorporation by Reference Statementis required pursuant to

RSA 541-A:12, 

### III. 12. Yes

**~** 

### N/A 

# 0 The "FinalProposal-Annotated Text" indicatinghow theproposed rule was changed because the text ofthe rule changed from theInitial Proposal pursuantto RSA 54]- A:l2,

### II(e). , · 13. Yes 

# 0 N/A 

# IZJ The amended fiscal impact statementbecause the change to the text oftheInitial Proposal affects the original fiscal impact statement (FIS) pursuant to RSA 541-A:S, VI.

### FP 2010-75 Fixed Text 08-30-10

-optEnv-A 702.04 to readas follows: 

### Env-A 702.04 Permit-by-Notification Fee. The owner or operator ofa 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. Readoptwith nendmentsEnv-A 705.02, eff6-26-04 (doc.#8111), to readasfollows: 

### Env-A 705. Determination ofActual Emissions forUse in Calcu1atin 

# pit The owne ·oroperator ofa stationary source, area source, ordevic 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 mostrecently conducted compliance method stacktest observed m approved by th aepartment pursuantto Env-A 802 or Env-A 809, or by EPA, in conjunction ith the oper ing conditions specified in the permitfor the device issued pursuant to Env-A 0;**~** 

### Emissions calculated from a ma balance ofthe process, in conjunction with the operating conditions specified in the er it for the device issued pursuantto Env-A 600; 

# W' Emission factors based on lternate e1 'ssions data guaranteed by the manufacturer ofthe device, cmtified by EPA as ac Irate for the de 'ce, or collected during a stack test ofan 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 pursuantto Env-A 600; 

# IX) AP-42, Fifth dition, "Compilation ofAir 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 permitfor the device issued pursuant to Env-A 6 0; or

### ~ E1 ineering calculations that are representative ofthe actual e1 issions generated, in conjw tion with the operating conditions specified in the permitforth device issued pursuant toE v-A 600. 

### ]i!}-) ·theemissions calculated pursuantto (a), above, are determined to be less th none ton per year, then 1e owner oroperator shall calculate the emission-based fee using an emission-ba ed multiplier ofone t nper year.**~** 

### A description ofthe method used for calculating actual emissions shall be submitted 

### t the d mtment with each fee payment. AmendEnv-A 903. OJ(b), eff4-21-07 (doc. #8872), citedandto readas follows: 

### Env-A 903.0I 

### Applicabilitv. (b) The owner or operator ofany ofthe following sources or devices shall not be required to comply with the requirements ofthis pa1t with respectto that device:

### FP 2010-75 Fixed Text 08-30-10 2
(I) 

### A device that is not subjectto 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. AmendEnv-A 907. OJ(a), e.ff. 4-21-07 (doc. #8872), citedandto readasfol/ows: 

### Env-A 907.01 General Reporting Requirements. (a) The owner or operator ofany stationary source, area source or 

### device subjectto Env-A 600, excluding a source Ol' 

### device operated pursuantto a permit-by-notification, shall submitan annual emissions report to the department on orbefore April 15 ofthe year following the calendaryearcovered by the report.

Rule Section(s) 

# "' A

**~no n~**  

### Env-A 903.0l(b) Env-A 907.0l(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 SHEETFOR FINALPROPOSAL

NoticeNumber

_ _::.;20:::l:.::Oc.:-7:.::6
__ 

### l. Agency Name & Address: Department ofEnvironmental Services 29Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RttleNumber 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 ProcessingPlants; Cement & Concrete Sources
6. Contact person for copies and questions: Name: Karla McManus Address: Department ofEnvironmental 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 Committeelegal counsel review and delayed Committeereview pursuant to RSA 541-A:l2, 1-a 8. Therulemaking notice appeared in the Rulemaking Register on July 2, 2010


### SEETHEINSTRUCTIONS--PLEASE SUBMIT2 COPIES OFTHIS COVER SHEET AND 2 COPIES OF THEFOLLOWING: (andnumbered correspondingly)


### 9. The "Final Proposal-Fixed Text", including the cross-referencetablerequiredby RSA 541-A:3-a, 

### II as an appendix. 10. Thefull text ofthe

### RSApassage grantingrulemaking authority. 1

### l. Yes 

# 0 N/A 

## k8J Incorporation by Reference Statement(s) becausethisrule incorporates a documentby reference for which an Incorporationby Reference Statement is requiredpursuant to RSA 541-A:l2,

### III.

· 12. Yes 

## k8J N/A 

# 0 The "FinalProposal-Annotated Text" indicatinghow theproposed rule was changed becausethe text oftherule changed from theInitial Proposal pursuantto RSA 541- A:12, Il(e). 13. Yes 

## 0 N/A 

## k8J The amended fiscal impact statementbecause the changeto thetext ofthe.Initial Proposal affects the originalfiscal impact statement (FIS) pursuant to RSA 541-A:S,. VI.

### ADOPTED RULE

### FP 2010-74 Adopted 09-22-10 1
Readoptwith amendments Env-A 603.01, eff. 7-28-04 (doc. #8129), to readasfollows: 

### Env-A 603.01 Permit Required. (a) No person shall cause or allow the construction orinstallation ofa 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 theprovisions ofthis chapter, without having applied for and been issued a temporary permit. (b) No person shall cause or allow the operation ofan existing stationary source, area source, or device as specified in Env-A 608.01, which is required to hold a statepermit to operate in accordance with the provisions ofthis chapter, without having applied for and been issued a state permit to operate. (c) No person shall cause or allow the operation ofa stationary source, area source, or device, which is required to hold a title V operating permitpursuant to Env-A 609.01 in accordance with the provisions ofthis chapter, without having applied for and been issued a titleV operating permit. (d) The owner or operator ofa 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 ifa permit-by-notification is obtained as specified in Env-A 603.02(b). AdoptEnv-A 603.02 to read as follows: 

### Env-A 603.02 Permit-by-Notification. (a) A non-metallic mineral processing plantas definedin Env-A 2802.03 thatis 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 plantpursuant to apermit-by-notification, the owner or operator shall comply with Env-A 2806. Readoptwith amendments Env-A 605.03 andEnv-A 605.04, eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 605.03 ProofofLegal Authority. Where the applicant is not the legal owner ofthe source or device that is the subject ofthe application, a copy ofthe agency agreement authorizing the applicant to act on behalfof the owner for purposes ofthe application shall be filed as part ofthe application for a permit. Env-A 605.04 Certification ofthe Responsible Official. (a) An application form, report, or compliance certification filed with the departmentpursuant to this chapter shall contain a written statement certifying the truth, accuracy, and completeness ofthe document and shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the best ofthe responsible official's knowledge and beliefformed after reasonable i'nquiry, the statements and information in the document are true, accurate, and complete. (b) Within 30 days ofany change in the identity ofthe 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). AmendEnv-A 606.02(b), eff. 4-26-03 (doc. #7879), cited and to read asfollows: 

### Env-A 606.02 Applicability. (b) An owner or operator ofone ofthe 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 successorrule in Env-A 1300, whereFP 2010-74 Adopted 09-22-10 2

the hours ofoperation 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 plantequipped with dust suppression controls operated to prevent, abate, and control the emission offugitive dust. Readopt withamendments Env-A 606.03, eff. 4-26-03 (doc. #7879), to readas follows: Env-A 606.03 Responsibility for Conducting Air Pollution Dispersion Modeling Impact Analysis. Wherethe owner or operator is required to perfotm an airpollutiondispersion modeling analysis according to this part, the owner oroperator shall file with the department as part ofthe permitapplication one ofthe following: (a) A request that the department conduct an air pollution dispersion modeling impact analysis; or (b) Theresults ofan air pollution dispersion modeling impact analysis. AmendEnv-A 607.01, eff. 4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended4-22-09 (doc. #9462), by amending Env-A 607.01 intra, (a) through (d), and (x), to readasfollows: Env-A 607.01 Specific Applicability for TemporaryPermits. The owner ofa new ormodified stationary source, area source, ordevice shall obtain a temporary permitin accordance with the provisions ofthis chapter priorto the construction or installation ofthe source ordevice ifthe source ordevice is any ofthe 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 perhour that combusts: (1) Solid fuel; (2) Residual weight liquid fuel, including butnot 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 perhour, and the combined total design gross heat input for all such devices is greater than
orequal to 1,500,000BTUs perhour; or (2) Each device combusts gaseous or liquefiedpropane gas fuel and has a design gross heat input greater than 1,500,000BTUs perhour, and the combined total design gross heat inputofall such devices is greater than or equal to 10,000,000BTUs perhour;

### 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 ofless than 5 tons of VOCs per year; Readoptwithamendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 607.02 Timely Application. (a) For an initial temporary permit, an application shall be considered timely ifit is filed with the department prior to the construction or installation ofa new or modified source or device. (b) For the reissuance ofa temporary permit, an application shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe temporary permit. ReadoptwithamendmentEnv-A 607.03, eff. 6-8-06 (doc. #8654), to read asfollows: 

### Env-A 607.03 Application Procedures for Temporary Permits. An application packagefor a



### t~mporary permit shall include the following: (a) The information specified in Env-A 1703 through Env-A 1708, as applicable; (b) Thefee(s) specified in Env-A 702 through Env-A 705, as applicable; (c) For a major source, all information specified inEnv-A 1709; (d) For amajor source ofhazardous airpollutants subject to 112(g) ofthe 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) Proofofsource 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 managementplan pursuant to Env-A 810.01; and (i) Ifa plan is not required pursuant to Env-A 810.01, a description ofthe 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. Readoptwith amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to readas follows: 

### Env-A 607.06 Application Deficiencies. (a) Any applicant who fails to file any relevant orrequired information or who has filed incorrect information in an application for a temporary permit shall, upon becoming aware orbeingnotified by the department ofsuch 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) Whileprocessing an application that has been deemed complete, ifthe 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 ofreceipt ofsuch a request. Readopt with amendments Env-A 607.08, eff. 4-26-03 (doc. #7879), as amended eff. 7-28-04 (doc. #8/29), citedand to readasfollows: 

### Env-A 607.08 PermitExpiration. (a) The expiration date ofeach temporary permit shall be 18 months after the date ofits issuance. (b) The temporary permit shall be in effect until the designated expiration date, unless revoked or suspended at an earlier date by the departmentpursuant 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 ofa temporary permit shall terminate the owner or operator's right to construct or operate a new ormodified source ordevice pursuant to the permit. (e) For a source or device that has completed construction and demonstrated compliance through testing, ifapplicable, 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 continueunderthe terms and conditions ofthe expiredtemporary permitpending the department's decision on the application. Readoptwith amendments Env-A 607.10, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 607.10 Application Shield: TemporaryPermits. (a) Ifan applicant files a timely application that has been deemed complete by the departmentfor the reissuance ofa temporary permit or the issuance ofan initial state permit to operate, the failure to have a current and valid temporary permit shall not beconsidered a violation ofRSA 125-C: 11, I orEnv-A 607.01 unless and until the department denies the requestedreissuance and: (1) The applicant does not appeal the denial within the time specifiedin RSA 125-C:l2, III; or (2) The denial is affirmed after all available appeals have been exhausted. (b) Ifthe department deems an application complete, but requests additional information pursuant to Env-A 607.06(b), the protection granted in (a), above, shall ceaseto apply when the applicantfails to file in writing such additionalrequested information by the deadline specified in the request. Readoptwithamendments Env-A 608.OJ throughEnv-A 608.03, eff. 4-26-03 (doc. #7879), to readas follows: 

### Env-A 608.01 Specific Applicability. The owner or operator ofany stationary source, area source, or device specified inEnv-A 607.01 shallfile a timely application for, and obtain, a statepermitto operate in accordance with theprovisions ofthis chapter. Env-A 608.02 Timely Application. (a) For a source or device that has been issued a temporary permit, completed construction, and demonstrated compliancethrough testing, an application for a state permit to operate shall be considered timely ifit

### is filed with the department at least90 days priorto the designated expiration date ofthe 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 ifit is filed with the department at least 90 days prior to the designated expiration date ofthe current statepermit 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) Proofof 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 I01.17, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and (f) 

### If

### aplan is not required pursuant to Env-A 810.01, a description ofthe 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. Readoptwith amendments Env-A 608.05 andEnv-A 608.06, eff. 4-26-03 (doc, #7879), to readasfollows: 

### Env-A 608.05 Acknowledgment and Completeness ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan 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 incorrectinformation in an application for a state permitto operate shall, upon becoming aware orbeing 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, ifthe department requests information in order to evaluate ortake final action on that application, the department shall request such information be filed in writing within 30 days ofreceipt ofsuch a request. Readoptwith 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 ofa statepermit to operate shall terminate the right to operateunder 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 ofthe expired state permit to operate until the departmenthas 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 ofthe denial, ifapplicant does not appeal the denial within the time specifiedin RSA 125-C: 12, III; orFP 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, eff4-26-03 (doc. #7879), to read asfollows: Env-A 608.lO PermitRenewal. (a) The owner oroperator shall file with the department an application for permitrenewal at least 90 days prior to the designatedexpiration date ofthe existing state permit to operate. (b) The owneror operator shall pay to the department any applicable fee as established in Env-A 700 with the application for petmitrenewaL Readopt with amendments Env-A 608.12, eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 608.12 Application Shield: StatePermits to Operate. (a) Ifan applicant files a timely application for a state permit to operate which the department has deemed complete, the failure to have a current statepermit to operate shallnot be considered a violation of RSA 125-C: 11 ,I, orEnv-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) Thedenial is affirmed after all available appeals have been exhausted. (b) Ifthe departmentdeems an application complete butrequests additional information pursuant to Env-A 608.06(b), theprotectiongrantedin (a), above, shall cease to apply ifthe applicant fails to file in writing such additional requested information by the deadline specified in the request. Readoptwith amendmentsEnv-A 609.06 through Env-A 609.08, eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 609.06 Application Procedures ForTitleV OperatingPermits. (a) Theowner oroperator ofany source or device required to obtain a title V operating permit pursuantto Env-A 609.01 shall file an application for such permitwith the department. (b) The application shall include the following: (!) Complete application forms providedby the department as described in Env-A 1703 through Env-A 1708; (2) All information specified inEnv-A 1709; (3) Proofofsource ownership orpermissibleuse, as specified in Env-A 605.02; (4) Thefee(s) specifiedinEnv-A702 through Env-A 705, as applicable; (5) Where airpollution dispersion modelingis required for a source or device pursuantto Env-A 606.02, the informationrequiredpursuantto Env-A 606.03; (6) For a sourcewith air pollutioncontrol equipment as definedinEnv-A 101.17, an air pollution control equipmentmonitoring plan or·catalyst managementplan pursuant to Env-A 810.01; and (7) Ifa plan is not required pursuantto Env-A 810.01, a description ofthe monitoring the source intends to conductto demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specifiedinEnv-A 810.02.

### FP 2010-74 Adopted 09-22-10 7
(c) The owner or operator shall present the information required under this sectionin 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 operatingpermit with the department, the applicant shall forward a copy ofthe 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 ifit 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) ofthe Act or to have a permit under the preconstruction review program approved as part ofthe New Hampshire SIP under parts C or D oftitle Iofthe Act, shallfile a permit application to obtain a title V operating permitor title V operatingpermitrevision within 12 months ofcommencing operation; and (3) Any source thatbecomes subject to the provisions ofsection 1120) ofthe Act shall file a title V operating permit application in accordance with the provisions ofsection 1120) and40 CFR 63.50 through 63.56. (b) For the renewal ofa title V operating permit, an application shall be considered timely ifit is filed with thedepartment atleast 6 months prior to the designated expiration date ofthe current title V operating permit. Env-A 609.08 Application Shield: Title V Operating Permits. (a) Ifan applicantfiles a timely and complete application for the issuance orrenewal ofa title V operatingpermit, the failure to have a title V operating permit shall not be considered a violation ofthis part unless and until the department denies the requested permit and: (I) The applicant does not appeal the denial within the time specifiedinRSA 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 ifthe 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 incorrectinformation in any permit application shall, upon being notified by the department or otherwise becoming aware of such failure orincorrect filing, file in writing to the department such supplementary facts or corrected information no laterthan 30 days after such discovery or notification. (b) Prior to the date ofrelease ofthe draft permit, an applicant shall provide supplemental information to the department as necessary to address any applicablerequirements to which the source becomes subject after the date the application has been deemed complete. (c) Pursuant to 40 CFR70.5, ifthe 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 shallbe filed. Readoptwith amendments Env-A 609.15, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 609.15 Permit Expiration. (a) A title V operatingpermit 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 ofa title V operatingpermit 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 owneror operator may continue to operate under the terms and conditions ofthe expired title V operating permit until the department has taken final action on the renewal ofthe application. (d) Ifthe department denies the renewal application, the owneroroperator shall cease to operate as of: (1) 

### The date ofthe denial, ifapplicant does not appeal the denial within the time specified in RSA 125-C:12, Ill; or (2) Thedate the denial is affirmed after all available appeals have been exhausted. Readoptwith amendments Env-A 609.18, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 609.18 Criteria for Permit Renewal. (a) The department shall determine permitconditions under which a title V operating permit shall be renewed based on: (1) 

### All definitions and requirements ofEnv-A 100 et §f!!. 

### and the Act; and (2) Theowneror operator's compliance status with the conditions ofthe existing permit and all applicable requirements ofEnv-A 300

### tl§fl!· and the Act. (b) The department shall take final action on apermitrenewal ofa title V operating permit by issuing a permit renewal only if: (1) 

### Theowneroroperator 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. Proofof source ownership orpermissible use, as specified in Env-A 605.02; and

c. Where airpollution dispersion modeling is required for a source ordevice pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; (2) Therequirements for publicparticipation specifiedin Env-A 622 have been satisfied; (3) Therequirements for notifying and responding to affected states as specified in Env-A 622.03, have been satisfied; ( 4) Theconditions ofthe proposed title V operatingpermit provide for compliance with all requirements ofEnv-A 300 et seq. and the Act; and

### FP 2010-74 Adopted 09-22-10 9

(5) The EPA has received a copy ofthe proposed title V operatingpermit and any notices required, and has not objected to the issuance ofsuch permitwithin the time peiiod specified in 40 CFR 70.8(c). Readoptwith amendments Env-A 610.03, eft. 7-28-04 (doc. #8129), as amended eft. 4-3-08 (doc. #9119-B), to 

### readas follows: 

### Env-A 610.03 Definition. For the purpose ofthis 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 asfollows: 

### Env-A 610.04 Source Categories for General StatePermits. (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-monthperiod shall be a source category for ageneral statepermit. Readopt with amendments Env-A 610.05, eft. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 610.05 Petitions to Establish Source Categories for General StatePermits. (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 ofa sourcecategory for a general state permit; 

### (2) The title and description ofthe 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 10 days ofthe receipt by the department ofthe petition filed by the petitioner, the department shall notify the petitioner that the information is complete, oridentify the information necessary to complete the petition and request that such information be filed within 30 days ofsuch request. Readopt with amendments Env-A 610.08 andEnv-A 610.09, eft. 7-28-04 (doc. #8129), to readasfollows: 

### Env-A 610.08 Procedures for Registering to Operate Under a General State Permit. (a) Once a general statepermit has been developed for aparticular source category, the owner or operator ofa 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) Proofofsource ownership or permissible use, as specified in Env-A 605.02. Env-A 610.09 DepartmentReview ofRegistration Package. (a) The department shall review each registration packagefor a general state permitto ensure complete and accurate information is filed in accordance with Env-A 610.08. (b) Ifthe departmentfinds the registration package to be complete and accurate, within 15 days of receipt by the department ofthe 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 ofapproval to the source with a copy of the general permit(s) attached; or (2) A letter ofdisapproval which specifically identifies the reason(s) for disapproval. (c) If

### the departmentfinds the registration package to be incomplete, inaccurate, or unclear, within 15 days ofreceipt by thedepartment ofthe registration package filed by the source, the department shall issue either: (I) 

### A letterrequesting supplementary facts orcouected information in accordance with (d), below; or (2) A letterrequesting clarification ofthe 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 incorrectinformation for a general state permit shall, upon becoming aware oforbeing notified by the department ofsuch 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 departmentrequests clarification from the owner or operator ofthe information filed in accordance with

**Env~A** 

### 610.08, the owner or operator shall file the information in writing within 30 days of receipt ofthe request. (f) 

### For a source thatreceives a letter pursuant to (c), above, within 75 days ofthe department's receipt ofthe 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 ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letter ofdisapproval which specifically identifies the reason(s) for disapproval. ReadoptwithamendmentsEnv-A 610.13 andEnv-A 610.14, eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 610.13 Expiration Date And General State PermitReestablishment Procedures. (a) Each general statepermitshall be: (I) Establishedfor aperiod of5 years; and (2) Reestablished in accordance with the procedures for the reestablishment ofa 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 ofthe outcome ofthe reestablishment process in writing. (c) If

### the general state permit is not reestablished, the owner or operator ofa source operating under an existing general state permit shall file an application with the departmentfor a state permit to operate pursuant to Env-A 608 within 90 days ofbeing notified by the department that the general state permit was not reestablished. (d) Ifthe general state permit is reestablished, the owner or operator ofa 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 statepermit. (e) If

### a general state permit expires prior to the departmentreestablishing the general state permit, the department shall: (1) 

### Extend the expiration date ofthe general state permit for aperiod ofnot more than one year; (2) Publish apublic notice in a newspaper ofgeneral daily statewide circulation stating the extension ofthe expiration date ofthe general statepermit; and (3) Notify each owner or operator operating under the general state permitregarding 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 statepermit 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 operateprogram. Readoptwith amendments Env-A 610.16, eff. 4-26-03 (doc. #7879), to read asfollows: 

### Env-A 610.16 Application Procedures ForGeneral Permits Under TitleV. (a) The owner or operator ofa 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, ifapplicable; (3) All additional information necessary to determine qualification for, and to ensure compliance with, the general permit; (4) Proofofsource ownership orpermissible 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, eff4-26-03 (doc. #7879), to 

### read asfollows: 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 ofreceiptby the department ofa request filed pursuant to (a), above, and shall, in the case oftitle V operating permits, submit a copy ofthe revised permit to EPA. (c) Notice to the public oraffected states ofthe changes incorporated into the permit shall not be required, provided that the department designates any such permitrevisions as having been made pursuant to this section. Readoptwith amendments Env-A 612.03 through Env-A 612.05, eff4-26-03 (doc. #7879), to readasfollows: Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate. (a) The owner or operator ofa source ordevice shall file with the department a request for a minor permit amendment for any proposed change to an existingpermit condition which will not result in an increasein the amount ofa specific airpollutant currently emitted by the source or device and will not result in the emission ofany regulated air pollutantorregulated toxic air pollutant currently not emitted by the
source or device. 

### (b) Therequest for aminor permit amendment shall: (1) Bein the form ofa letter to the department; (2) Describethe proposed change; and (3) Describe any new requirements that will apply ifthe change occurs. (c) The department shall take final action on a request for a minor permit amendment within 90 days ofreceipt ofa request filed pursuant to (a) and (b), above. (d) The owner oroperator may implementthe proposed change immediately upon filing a request for minor permit amendment with the department. Env-A 612.04 SignificantPermit Amendments: Temporary Permits and State Permits to Operate. (a) The owner oroperator shall file an application to the department for a significantpermit amendment for any proposed change to the physical structure or operation ofthe source or device covered by the temporary permit or state permit to operate which increases the amount ofa specific airpollutantcurrently emitted by such source or device or which results in the emission ofany regulated air pollutant currently not emitted by such source or device or not covered by the permitfor the source or device. (b) A request for a significantpermit amendment shallinclude the following: (1) 

### A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable and providedby the department, containing all pertinentinformation with regard to the amendment including, ifapplicable, the information specifiedin Env-A 1709; (2) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; (3) A description of:
a. Theproposed change; b. Theemissions resulting from the change; and

### FP 2010-74 Adopted 09-22-10 13

c. Any new requirements that will apply ifthe change occurs; and (4) Where air pollution dispersion modeling is required for a source or device pursuantto Env-A 606.02, the information required pursuant to Env-A 606.03. (c) The department shall take final action on arequest for a significantpermit amendment within 90 days ofreceipt by the department ofarequest 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 aminor 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 temporarypermit, an application fora minor permit modification shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe 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 pertinentto the modification, including, if applicable, the information specified in Env-A 1709; (2) Thefee(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 ifthe 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 ofthe minor permit modification procedures; (7) A request that minor permit modification procedures beused; and (8) For use by the department in notifying EPA and affected states, 2 additional copies ofthe information required by (1), 

### above. (d) Within 5 working days ofthe receipt by the department ofa 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) ofthe request. (e) The department shall not make afinal decision on a requested permitmodification 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 of90 days from receiving an application filed pursuant to (a)

- (c), above, or 15 days after the end ofEPA's 45-day review period, the department shall: (1) Issue the requested permit modification ifit meets the requirements ofthis section; (2) Deny the requested permitmodification ifit does not meet the requirements ofthe 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 ofthis section and send to EPA and to the applicant the new proposed permitmodification. (g) The owner or operator may implement the proposed change immediately upon filing arequest for minor permit modification with the department. (h) Pending final action on the permit modification by the department, the owner oroperator shall comply with both the applicable requirements governing the change and the proposed permitconditions. (i) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. AmendEnv-A 612.06(c), (e) and(f), eft. 4-26-03 (doc. #7879), amended eft. 7-28-04 (doc. #8129), citedand to readasfollows: 

### Env-A 612.06 SignificantPermitModifications: Title V Operating Permits. (e) Prior to implementing a significantpermit modification, the owner or operator shall file a written request with the departmentfor a significantpermit modification which includes the following: (1) 

### An application form, providedby the department as described in Env-A 1703 through Env-A 1708, as applicable, containing all information pertinentto the modification, including, if applicable, the supplemental information specified in Env-A 1709; (2) A description of:

a. The change; b. Theemissions resulting from the change; and

c. Any new applicablerequirements that will apply ifthe change occurs; (3) The owner or operator's suggested draftpermit conditions; (4) Certification by aresponsible official, consistent with the provisions ofEnv-A 605.04(b), that the proposed change meets the criteriafor the use ofthe significant permit modification procedures; (5) Arequest that significantpermit modification procedures be used; (6) Where air pollution dispersion modeling is required for a source ordevice pursuant to Env-A 606.02, the information required pursuant to Env-A 606.03; and (7) The fee(s) specifiedinEnv-A 702 through Env-A 705, as applicable. (e) An application for a significantmodification to a title V operatingpermit shall be deemed completeby the department within 60 days ofits filing, unless the departmentrequests additional information
orotherwise notifies the applicant ofincompleteness. (f) 

### The department shall take final action on arequestfor significantpermit modification no later than 9 months after the filing ofa 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 ofthe permit provide for compliance with all applicable requirements oftitle V ofthe Act and all applicable requirements ofEnv-A 300

**~ ~.;**  

### and (4) The EPA has received a copy ofthe proposed permit and any notices required and has not objected to issuance ofthe significantpermit modification within the time period specified in EnvA 609.13(b). Readoptwith amendments PARTEnv-A 616, eff4-26-03 (doc. #7879), to read as follows: 

### PARTEnv-A 616 DETERMINATION OF ACTUALEMISSIONS Env-A 616.01 

### Determination ofActual Emissions. The owner or operatorofa stationary source, area source, or device shall determine the actual annual emissions from the source or device as specified in Env-A 

### 705.02. AmendEnv-A 617.01 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 617.01 Exception to Obtaining aTemporaryPermit or StatePermitto Operate. Notwithstanding the provisions ofEnv-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 ofthe following conditions are met: (a) The owner ofan 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 ofaresearch and development operation according to the requirements found in (c) through (e), below; (b) The owner ofa new stationary source, area source, or device filed a written request with the department prior to the construction, installation, or operation ofthe 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 ofa research and development operation according to the requirements found in (c) through (e), below;
AmendEnv-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to readasfollows: 

### Env-A 617.02 Exception to Obtaining a TitleV 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 ofthe following conditions are met: (a) The owner ofan 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 ofaresearclumd development operation according to the requirements found in (c) through (q), below; (b) The owner ofa new stationary source, area source, or device files a written request with the department prior to the construction, installation, or operation ofthe 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, ordevice meets the definition ofa research and development operation according to the requirements found in (c) through (q),

### FP 2010-74 Adopted 09-22-10 16

below;
AmendEnv-A 618.05 intra, (b), and(d), ejf. 4-26-03 (doc. #7879), to read asfollows: 

### 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 offsetdonor 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 ofthis section shall be filed as part ofthe permit application, as required under Env-A 600; and Readopt with amendmentEnv-A 619.05, eff4-26-03 (doc. #7879), to read asfollows: 

### Env-A 619.05 DepartmentReview. (a) Within 30 days ofreceipt ofan application, the department shall notify the applicant as to the completeness ofthe application or any deficiency in the application or information submitted. (b) In

### the event ofa deficiency in an application, the date offiling ofthe application for purposes of (c), below, shall be the date on which the departmentreceives all required information. (c) Within one year after the filing ofa complete application, the department shall make a final determination ofwhether construction should be approved, approved with conditions, or disapproved, in accordance with theprovisions of40 CFR 52.21G)- (p). AmendEnv-A 620.05(d), ejf. 7-28-04 (doc. #8129), citedand to readasfollows: 

### Env-A 620.05 Decisions. (d) In the eventthe 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 ofreceiving such information. AmendEnv-A 621.07(a) and (b), ejf. 7-28-04 (doc. #8129), citedandto read asfollows: 

### Env-A 621.07 PublicAccess to Information. (a) Ifthe applicantis not a municipality, the applicant shall file 2 copies ofthe permit application with the department. (b) Ifthe applicantis a municipality, the applicant shall file one copy ofthe permit application with the department and shallmake another copy available to the public for review.

AmendEnv-A 622.04(a) intro and (1), eff 7-28-04 (doc. #8129), citedand to readasfollows: 

### Env-A 622.04 EPAReview. (a) Thedepartment shall provide the following to EPA: (I) 

### A copy ofthepermit application or, upon agreement with EPA, a summary thereof, unless the applicant has filed a copy ofthe permit application with EPA pursuant to Env-A 609.06(d);

### FP2010-74 Adopted 09-22-10 17

AmendEnv-A 622.06(a) and (b), eff 7-28-04 (doc. #8129), citedandto readasfollows: Env-A 622.06 Public Access to Information. (a) When applying to the department for apermit or permit modification, the applicant shall file 2 copies ofthe permit application with the department, except as noted in (b), below. (b) Ifthe applicant is amunicipality, the applicant shall file one copy ofthe permit application with the department and shall make another copy available to thepublic for review.

AmendEnv-A 624.03(c), e[f. 6-8-06 (doc. #8654), citedand to read as follows: Env-A 624.03 Permit Application Required. (c) The owner or operator ofa source subject to (b), above, shallfile a timely application for and obtain a title V operating permit or amendment thereofin accordance with Env-A 609 orEnv-A 612, as applicable, for the continued operation ofthat 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 608.1O(b) RSA 125-C:12, IV Env-A 608.12 RSA 125-C: 11 Env-A 609.06 RSA 125-C: 12, I; ;42U.S.C. §7661a(b); 40 CFR §70.5 Env-A 609.07 RSA 125-C:ll, I-a; 42U.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) IFP 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; 42U.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); 42U.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; 42U.S.C. §7661d(a)(l); 40 CFR §70.8(a) Env-A 622.06(a) & (b) RSA 125-C:12, II; 42U.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
loptEnv-A 702.04 to read asfollows: 

### ov-A 702.04 Permit-by-Notification Fee. The owner or operator ofa stationary source, · ea source, r device that applies for apermit-by-notification pursuant to Env-A 603.02 shall sub · to the departme afee of$1,000 with the permit application. Readoptwith nendments Env-A 705.02, eff6-26-04 (doc.#8111), to readasfollows: 

### Env-A 705. 

## (]{2 The owne or operator ofa stationary source, area source, ordevice ·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 therequirements ofEnv-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, orby EPA, in conjunction ith the oper mg conditions specified in the permit for the device issued pursuant to Env-A 0;**~** 

### Emissions calculated from ama 

### operating conditions specified in the er alance oftheprocess, 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 ofthe 

### device, certifiedby EPA as ac Jrate for the de ice, or collected during a stack test ofan 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 permitfor the device is ed pursuantto Env-A 600;**~** 

### AP-42, Fifth dition, "Compilation ofAirPollutan Emission Factors, Volume 1: Stationary Point d Area Sources", published in 1995 by t eEPA, as supplemented from 1996-2000 a ·updated from 2001-2009, in conjunction wit the operating conditions specified in epermit for the deviceissued pursuant to Env-A 0; or**~** 

### Er ineering calculations that are representative ofthe 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 ofone t nper year: 

### p6)" Adescription ofthe method used for calculating actual emissions shall be submitted the d partment with each fee payment. AmendEnv-A 903.0l(b), eff4-21-07(doc. #8872), citedand to read asfollows: 

### Env-A 903.01 Applicability. (b) The owner or operator ofany ofthe following sources or devices shall not berequired to comply with the requirements ofthis part with respect to that device:FP 20I0-75 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 ordevice that is operated pursuant to a permit-by-notification issued pursuant to Env-A 603.02. AmendEnv-A 907.0J(a), eff4-21-07(doc. #8872), cited and to readasfollows: Env-A 907.0I General ReportingRequirements. (a) The owneror operatorofany stationary source, area sourceor device subject to Env-A 600, excluding a source or device operatedpursuant to a permit-by-notification, shall submit an annual emissions report to the department on or before April 15 ofthe year following the calendar year covered by the report.

An a or any type ofpermit othert , era] permit orpermit-by-notification shall

**-'-•·~_,o"'rm** ARD-1, "General Information for all PermitApplicauo·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 ofCHAPTER Env-A 2800 as follows: CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL PROCESSING PLANTS; CEMENTAND CONCRETE SOURCES Statutory Authority: RSA 125-C:4, I Change the heading o,fPARTEnv-A 2801 asfollows: 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. Thepurpose ofthis chapter is to establish: (a) Standards for particulate matteremissions 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 processingplants, 

### and cement and concrete sources; and (c) Permitby notification requirements for non-metallic mineral processingplants. Readoptwith amendmentsEnv-A 2802.01, eff. II-24-04 (doc. #8218), and renumberasEnv-A 2801.02, to readasfollows: 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 cementblock source. Change the heading ofPARTEnv-A 2802 as follows: PART Env-A 2802 DEFINITIONS AdoptEnv-A 2802.01 through Env-A 2802.03 to readasfollows: Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck orrailcar loading station at an affected facility, as well as each crusher and grinding mill athot mix asphalt facilities that reduce the size ofnonmetallic minerals embedded in recycled asphaltpavement. 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 perhour or less; (d) A portable non-metallic mineral processingplant with a capacity of 150 tons per hour or Jess; and (e) A common clay plant orpumiceplant with a capacity of 10 tons perhour or Jess. Env-A 2802.03 "Non-metallic mineral processing plant" means any combination ofequipment 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, orblend the processed material.FP 20I0-76 Adopted 09-22-10 2
Readoptwith amendments Env-A 101.166, eff 1-18-97(doc. 116428-A), and renumberas 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 ofrock, 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 readas.follows: Env-A 2802.05 "Successful compliancetest" means a completed test that is performed for the 

### purpose ofdemonstrating compliance and that does demonstrate thatthe source is in compliance with the requirement(s) for which the testis cot1ducted. Change the heading of PARTEnv-A 2803 as.follows: PARTEnv-A 2803 REQUIREMENTS FORNON-METALLIC MINERAL PROCESSINGPLANTS 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 2803.0I Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing Plants. (a) A non-metallic mineral processingplant that is an affectedfacility shall comply with the visible emission and particulatematter standards specified in 40 CFR 60, subpart 000,regardless ofwhen construction, modification, or reconstruction ofthe plant commenced, provided, however, that the differentiation in subpart 000between affected facilities thatcommenced construction, modification, or reconstruction priorto April 22, 2008 and thosethat commenced construction, modification, or reconstruction on or after April 22, 2008 shall still apply. (b) The owner or operator ofa non-metallic mineral processingplant thatis not an affected facility shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of20percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute period at crushers, transfer points, or screens. Env-A 2803.02 ComplianceTestingRequirements for Non:metallic Mineral Processing Plants. (a) Theowner or operator ofan affected facility shall conduct a successful compliance test on the affected equipment in accordance with 40 CFR 60.675 within one year afterthe 2010 effectivedate ofthis chapterifthe affected facility: (!) Is in existence onthe 2010 effective date ofthis chapter; and (2) Has neverhad a successful compliance testprior to that date. (b) Ifan affected facility does not operate duringtheyearfollowing the 2010 effective date ofthis chapter or ifspecific affected equipmentis 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 ofachieving the maximumproduction 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 compliancetestrequired by (a) or (b), above, the owner or operatorofan affected facility shall conduct a successful compliance test: (1) Within 60 days after changing the method ofdust suppression used atthe 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 afterinitial startup, whichever is sooner, ifthe owner or operatorreplaces a piece ofaffected equipment; or (3) Ifthe test is otherwise required by 40 CPR 60 subpart 

### 000. (d) The owner or operator ofan affected facility shall not be required to conduct a compliance test solely because the location ofthe affected facility has changed. Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. The owner or operator ofa non-metallic mineral processingplant shall not operate the plantunless it is 

### equipped with afugitive emission 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 BLOCKSOURCES Env-A 2804.01 VisibleEmission Standard for Cement, Ready Mix Concrete, and CementBlock Sources. (a) Visiblefugitive emissions or visible stackemissions from a cement, ready mix concrete, or cementblock source shall not exceed an average of20 percent opacity for any continuous 6-minute period. (h) Opacity shall be determined in accordance with Env-A 807. Change the heading of PARTEnv-A 2805as follows: PARTEnv-A 2805 FUGITNEDUST CONTROLFOR ALL SOURCES Readoptwith amendmentsEnv-A 2805.01, eff 11-24-04 (doc. #8218), to read as follows: Env-A 2805.01 FugitiveDust 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 orplant subjectto this chapter, the owner or operator shall control emissions of dust from stockpiling by usingfugitive dust control methods such as wet suppression, windbreaks, 

### enclosures, or soil stabilization. Adda headingfor PARTEnv-A 2806asfollows: PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERALPROCESSING PLANTS AdoptEnv-A 2806.01 through Env-A 2806.03, to readasfollow.s: Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral processingplant, the owner or operator shall obtain: (a) A standard permit, as specified in Env-A 600; or (b) Apermit-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 apermit-by-notification, the owner or operator ofa 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. Thefiling shall constitute a permit application for the plant. (b) The department shall issue apermit-by-notification for a non-metallic mineral processingplant if: (I) The applicant has filed ali required information and the required fee; and (2) Thefiling demonstrates that the plant will meet the applicable requirements ofEnv-A 2803, Env-A 2805, and Env-A 2806. (c) Within 10 days after initial startup ofan affected facility, the owner or operator shall notify the department by fax, email, or postal mail ofthe actual date ofstartup. Env-A 2806.03 Notification ofChanges Required. (a) Within I0 days after a permit-by-notification facility has commenced operation in a different location, the owner oroperator shall file a location change notice to the department and the towns where the facility was last and is now located viafax, email, or postal mail, containing the following information: (I) The unique facility identification assigned by the department in the initial permit-by

### notification; (2) Thephysical location from which the facility was moved; and (3) Thephysical location to which the facility was moved. (b) Within 10 days after the replacement ofany affected equipment, the owner or operator shall file a notification with the department thatcontains: (I) Theinformation specified in 40 CFR 60.676(a)(l), (2), (3), and (4), as applicable; and (2) Thedate on which testing ofthe 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 amendmentEnv-A 1710.04, eff. 7-28-04 (doc. #8130), and renumberas Env-A 2806.04, so thatEnv-A 2806.04 reads asfollows: Env-A 2806.04 Application Content. The applicant for apermit-by-notificationfor nonmetallic mineral processingplants 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) Thename or number, orboth, the owner or operator uses to identify theplant; (c) Thephysical location oftheplant, including street address and municipality; (d) Any previous permit number; (e) Theraw material throughput operating at maximum capacity, inpounds perhour and tons peryear; (f) A list ofall affected equipment at the plant, not including any energy-generating devices;FP 2010-76 Adopted 09-22-10 

### 5
(g) For each listed piece ofequipment, the following: (1) A description and the name or number, orboth, the owner or operatoruses to identify the equipment; (2) The manufacturer and serial number, if available; (3) The rated capacity ofeach crusher, grinding mill, bucket elevator, bagging operation, or 

### enclosed truck or railcar loading station in tons per hour; (4) The total surface area ofthe top screen ofeach screening operation; (5) The width ofeach conveyor belt; (6) The rated capacity in tons ofeach storage bin; and (7) Thedate of:

a. Initial construction or installation in New Hampshire; b. The most recentmodification, ifapplicable;

c. The mostrecent 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 briefexplanation ofthe methods that will be used to control emissions and fugitive dust. AdoptEnv-A 2806.05 through Env-A 2806.07, to read asfollows: Env-A 2806.05 Signature and Certification. (a) The owner or operator ofthe non-metallic mineral processingplant sha11 sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. (b) The signature ofthe owner oroperator shall constitute certification that: (l) The owner or operator has readEnv-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, subpart 

### 000; (2) The owner or operator understands and will comply with therequirements; (3) The owner or operator has notified the clerk ofthe town or city in which the facility is located ofits pending operation; and (4) All information filed is true, complete, and not misleading to the knowledge and beliefof 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 ofa non-metallic mineral processing plant shall retain records for a 

### minimum of5 

### years on:FP 2010-76 Adopted 09-22-10 6

(1) Thetotal quantity ofall materials processed on an annual basis; and (2) The results ofall 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 ofa non-metallic mineral processing plant shall file the results ofany performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart 

### 000, within 60 days ofthe 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 RULESCAROL 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, 20l0

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__ ___________ _

TheJoint 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 approvethe rule. You may.proceed to adopt the rule a.nd file it withthe Office ofLegislative 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 certifyingthe final rule is atrue copy. See Section 2.19 ofChapter 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 thatthefiling 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 ofLegislati\'c Services

RESEARCH (603) 271-3326 ADMINISTRATIVE RULES (603) 271-3680 /



# I 

# ICAROL 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



### NOTICE:NO.
__ 

### z_o_1 o_-7_5_'----'----- RULE# Env-A 702.04, 705.02, 903.01(b), 907.0l(a), '1703 .01(a)

. . Amendments Relatingto Permit-By-Notification; Determination ofActual 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 adoptthe rule and file it with the. Offiee ofLegislative 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 ofChapter 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 thatthefiling 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 ofLegislative Services

RESEARCH (603) 271-3326 ADMINISTRATIVE RULES (603) 271-36BOCAROL 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

NOTICENO,

__ 2

_ 0

_

1

### o_- 7

_

6

_______ _ RULE# Env-A 2800

. Sand and Gravel Sources;.Non-MetallicMineral Processing Plants; Cement & 

### RELATIVE TO:

. ' · · . . ·Concrete Sources

TheJointLegislative 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 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.offinal, adoption and certifying the final rule is a true copy. See Section 2.19 ofChapter 3 in the N.H. Drafting·and ProcedmeManual 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 thatthe filing occurs before such effective date and time, F'leaso send two 

### (2) copies ofthc adopted rule,

TDDAccess: Relay NH 1-800-735-2964 DIRECTOR (603) 271-3432 LEGAL STAFF (603) 271-3435 FAX: (603) 271-6607 Sincerely yours, 

# 'rh--

**C.~j** Carol 

### J. Holahan, Director ·Office ofLegislative Services

RESEARCH (603) 271-3326 ADMINISTRATIVE RULES (603) 271-3680

## EVIDENCE OF PUBLIC NOTICE 40 CFRPart51, Appendix V, 2.1(£)

### PublicNotice Print Page 1 of 1

STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTA 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.ihgovLoLg.ani"otio**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 McManus 1 Planning and Rules Manager1 Air Resources Division 1 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 CFRPart 51, Appendix V, 2.l(g)

### The State ofNew Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

CERTIFICATION OF PUBLIC PROCESS
I hereby certifythat: In accordancewithN.H. Administrative Rule Env-A204.01(b) and 40 CPR§ 51.102, publicnoticewas giventhatthe NewHampshire DepattmentofEnvironmental Services, Air Resources Division, intended to submitfor the approval ofthe U.S. Environmental ProtectionAgency (EPA) revisions to theNewHampshire State Implementation Plan (SIP) which added and amendedEnv-A 600, Env-A 900, and Env-A2800: Permit-bynotification and compliancerequirements for non-metallic mineralprocessing plants.

The public notice provided that requests for a public hearing or comments on the SIP revisioncouldbe submitted until4p.m. onMonday, 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 ofthe notificationperiod. No members ofthe public requested a hearing during the notification period; therefore, no publichearing was held. A copy ofthe SIP revisionwas available for publicinspection atthe 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 trueto thebest ofmyknowledge and belief

.



# . ;;t4if?.£"'C Robert R. 

### Scott Director, AirResources 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 CFRPart 51, AppendixV, 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 beused in Env-A 612.06(c)(2)c (i.e., 

### that we view "Any new applicable requirements that will apply ifthe 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.