STATE OF NEW HAMPSHIRE 

FROM Michael P. No 

Commissioner 

SUBJECT Rulemaking Notice 

TO Office of Legislative Services 

Division of Administrative Rules 

-Jvl e77 

DATE ~ ; 2004 

AT (OFFICE) DES 

Please accept for filing the enclosed Rulemaking Notice for the following rules : 

Env-A 2700 : HOT MIX ASPHALT PLANTS 

If you have any questions, please contact Barbara Hoffinan at 271-7874 or Gretchen Hamel at 

271-3137. 

Enclosures 

cc: 

Jennifer Patterson, NH DOJ-EPB 

Gretchen Hamel, Administrator, DES Legal Unit 

Audubon Society of New Hampshire 

Business & Industry Association of NH 

NH Association of Conservation Commissions 

Environmental Managers Association 

Environmental Protection Agency, Region I 

Chair, NHBA Environmental Law Section 

David Glass, USAF Regional Compliance Office 

John Hoertz, USAF Air Program Manager 

US Army Northern Regional Compliance Office 

Conservation Law Foundation 

NH Municipal Association 

NH Petroleum Council 

Barry Needleman, McLane Graf Raulerson & 

Middleton 

Associated General Contractors of NH 

Tim Donnelly, MacMillan & Donnelly, Inc. 

Laurel Brown, PSNH 

Peter Bajc, AES Granite Ridge 

Mike North, GZA Geoenvironmental Inc. 

Nancy Hirshberg, Stonyfield Farms Inc . 

Christine Fillmore, Rath Young & Pignatelli 

Michelle Bouchard, Monadnock Paper Mills 

Ketcia Barlow, Netscan 

Jasen Stock, NH Timberland Owners Association 

Eileen Chabot, NH Army National Guard 

Eric Stevenson, Brox, Inc . 

Larry Major, Pike Industries 

Mark Charbonneau, Continental Paving 

Gary Winsor, Lane Construction 

Barbara Hoffman, Planning Manager, DES SSMB 
RULEMAKING NOTICE FORM 

Notice Number 

1 . Agency Name & Address : 

Dept. of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

5. Short Title: HOT MIX ASPHALT PLANTS 

6. (a) 

2. RSA Authority: 

3. Federal Authority : 

4. Type of Action: 

Adoption 

Amendment 

Env-A 2700 

RSA 125-C:4,I(a) 

Repeal x 

Readoption x 

Readoption w/amendment 

Summary of what the rule says and the effect of the rule on those regulated: 

x 

. 

Env-A 2700 provides particulate matter, visible emission, and fugitive emission standards for hot 

mix asphalt plants . It will expire on January 18, 2005 unless readopted prior to that date. The 

proposed rule would readopt the existing rule, repeal the particulate matter and visible emission 

standards applicable to plants constructed on or before June 11, 1973, and expand the scope of the 

standards applicable to plants constructed after that date to all hot mix asphalt plants. All active hot 

mix asphalt plants in the state can meet the standards for plants constructed after June 11, 1973, so 

this change will have no effect on those constructed on or before June 11, 1973. In addition, rules 

addressing the transportation of scatterable materials, document inspection, and requirements 

contained in other Env-A rules would be repealed. 

6. (b) Brief description of the groups affected: 

Rule Number 

The proposed rule affects hot mix asphalt plant owners and operators. There are currently 34 

active, permitted plants in the State. 
RULEMAKING NOTICE FORM - Page 2 

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended 

to implement: 

Provision of the Proposed Rule Specific Section of State or Federal Statute or 

Regulation which the Rule is Intended to 

Implement 

Env-A 2701 & 2702, Env-A 2703 - 2705 RSA 125-C:4,I(a) 

(renumbered from Env-A 2704 - 2706) 

Existing Env-A 2703, 2707 - 2709 (Repealed) RSA 125-C :4,I(a) 

7 . Contact person for copies and questions including requests to accommodate persons with disabilities: 

Name: Barbara Hoffman 

Address : Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

Title: 

Phone #: 

Fax#: 

E-mail: 

, SSMB Planning Manager 

(603)271-7874 

(603)271-7053 

bhoffman@des.state.nh.us 

TTY/TDD Access: Relay NH 1-800-735- 

The proposed rules can be viewed and 2964 or dial 711 (in NH) 

downloaded at 

http://www.des.state .nh.us/ard/prpsdrul .htm 

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format 

specified : September 27, 2004 at 4 p.m. 

®Fax 

9. Public hearing scheduled for: 

®E-mail []Other format (specify) : 

Date and Time: September 15, 2004, 11 :00 a.m. 

Place: 29 Hazen Drive, Concord, NH Room 114 

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FIS # 04:126 , dated July 2, 2004 

See Attached. 
RULEMAKING NOTICE FORM - Page 3 

11 . Statement Relative to Part 1, Article 28-a of the N.H. Constitution : 

The proposed rules will impose a more stringent particulate matter emission limit on hot mix 

asphalt plants constructed on or before June 11, 1973 . However, no currently active, permitted plant is 

owned or operated by a political subdivision of the state. Accordingly, the proposed rules do not violate 

Part 1, Article 28-a of the New Hampshire Constitution, because they do not assign any new, modified, 

or expanded programs or responsibilities to political subdivisions of the state. 
LBAO 

FIS 04:126 

7l2I04 

Fiscal Impact Statement for Department of Environmental Services rules governing Hot Mix Asphalt 

Plants. [Env-A 2700) ' 

1 . Comparison of the costs of the proposed rule(s) to the existing ruie(s): 

There are no costs attributable to either the proposed or existing rules. 

2: Cite the Feileral mandate, identify the impact on state funds: 

. There is no Federal mandate for these rules. However, these rules incorporate pact of 

the Stite implementation Plan which has been approved Pythe US Environmental 

Protection. Agency pursuant to the Federal Clean Air Act, 42 U.S.C. Section 7410. No 

impact on state'funds . . 

3: Cost and benefit s of the proposed rule(s)- 

There are no ~costs associated with the proposed rule because, even if the existing rule 

were allowed to expire, affected sources would still be required to' comply with the federal 

rule-that incorporates it at 40 CFR 52.1520. 

A. To State general or State special funds: 

None. 

B. To State citizens and political subdivisions: 

None. ' 

C_ To independentiy owned businesses: 

None. 
Added language in bold italics; Initial Proposal 6-22-04 1 

deleted language stmek Off oug 

CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS 

Statutory Authority: RSA 125-C:4 

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

PART Env-A 2701 PURPOSE 

Env-A 2701 .01 Purpose. The purpose of this chapter is to establish standards for regulating visible 

emissions, particulate matter emissions, and fugitive emissions from hot mix asphalt plants . 

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

PART Env-A 2702 SCOPE 

Env-A 2702.01 Scope. This chapter shall apply to any hot mix asphalt plant utilized operated in the 

state. 

Repeal Env-A 2703.01- Env-A 2703 .02, effective 1-18-97 (Document #6428-B), as follows: 

. -!l Tune 11 1072 

s _ " 

Table '7= 

AggF26`.~ ., 

D. .'-+ ; .., .l ..+e AiL't+o° 

P"""'

s Weight Rate Emissien Standard 

RAlind$-p°"i vu-" lD.. "ds "°.. 

H'"~ .\ 

10,000 

20,000 

30,000 

40,000 

50,000 

100,000 

300,000 

YVChVVC 

500,009 and abeve 

4-V 

TV 

2-2 

2-O 

34 

-33 

7T 

40 

Y 

47- 
Added language in bold italics; Initial Proposal 6-22-04 2 

deleted language stfuek Afeug13 

1~73 . 

Readopt with amendments and renumber Env-A 2704.01 - Env-A 2706.01, effective 1-18-97 (Document 

#6428-B), as Env-A 2703.01- Env-A 2705 .01 to read as follows: 

PART Env-A 2-794 2703 EMISSION STANDARDS 

AFTER yrt7Y`tE -11, ri-t-J 

Env-A 2qA4 2703 .01 Particulate Matter Emission 

No per-son The owner or operator of a hot 

Standards 

mix asphalt plant shall not cause or allow the emission of particulate matter al-a from the hot mix asphalt plant 

standard cubic meter, or 0.04 grains per dry standard cubic foot. 

Env-A 2-704 2703 .02 Visible Emission Standards 

1 071 

to exceed 90 milligrams per dry 

(a) The owner or operator of a hot mix asphalt plant shall not cause or allow Vvisible fugitive 

emissions or visible stack emissions 

an average of 20 percent opacity for any continuous 6-minute period in a^"" 60 m

;n te peri od. 

(b) Opacity shall be determined in accordance with Env-A 807. 

to exceed 

PART Env-A~27043 FUGITIVE EMISSION CONTROL SYSTEM rnRunT 11i(TY A QDLT A T T 1T A RTTC. zvrrrrmrr~a~Tv 

Env-A 2704-5.01 Fugitive Emission Control System Required. 

(a) Ne-persert The owner or operator of a hot mix asphalt plant shall not 

asphalt plant t operate the plant " T "hieo unless it is equipped with a fugitive emission control system that 

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

outlet . 

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

emission control system: 

(1) Overflow chutes; 

(2) Aggregate cold feed bins; 

(3) Feeders; and 

(4) Aggregate conveyors. 

PART Env-A 27056 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY 

Env-A 27056.01 Fugitive Dust Control Within Plant Property. 
Added language in bold italics; Initial Proposal 6-22-04 3 

deleted language struek difett 

(a) The owner or operator of a hot mix asphalt plant shall control Phe emission of dust caused by 

vehicular movement °^°~ ^^°°~~ r°)ads t^, f-^m, ~ a within the hot mix-asph a1t plant property boundaries s~A1 .--

b° ^^~~~°l-1e a . Means all owable fr ^u^'~ Fugitive dust control methods shall include, but shall not be limited to, 

paving or wetting the roadway. 

(b) The owner or operator of a hot mix asphalt plant shall control £emissions of dust from stockpiling 

°h^" "° ^^n'f^"°a . M°^^°. a"own '~'° f^- su^b Fugitive dust control methods shall include, but shall not be 

limited to, wet suppression, windbreaks, enclosures, or soil stabilization . 

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

or- eredixg. 

divisieri: 

PART `' n

" , " 27"9 PERMIT, FEE, T£STDT*~'-,--M11P~0PDTG, REC-Q=DF'EEDfP1G, AND 1'E-POR-TNG- 

. ^) P°'^';+ .- °"*., " ^:fi°a ;^ E^" n 6005 

(t,) F°° requirements ° ^

;f:°a ;^ E"* n ^rnn. 
APPENDIX 

Provision of the Proposed Rule Specific Section of State or Federal Statute or 

Regulation which the Rule is Intended to 

Implement 

Env-A 2701 & 2702, Env-A 2703 - 2705 RSA 125-C:4,I(a) 

(formerly Env-A 2704 - 2707) 

Existing Env-A 2703, 2707-2709 (Repealed) RSA 125-C :4,I(a)