® ii 

COVER SHEET FOR FINAL PROPOSWIP" 

Notice Number 2004-123 

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. Contact person -for copies and questions: 

Name: Barbara Hoffman 

Rule Number. Env-A 2700 

RSA 125-C:4,1(a) 

® Readoption w/amendment 

2. RSA Authority: . 

3 . Federal Authority : _ 

4. Type of Action: 

0 Adopt 

~ Amendment 

® Repeal 

® Readoption 

Address : . Dept. of Environmental Services 

P.O. Box 95 

Concord, NH 03302-0095 

-Title : 

Phone #: 

SSMB Planning Manager 

(603)271-7874 

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

RSA 541-A:12, I-a 

8. The rulemalflng notice appeared in the Rulemalcing Register on August 6, 2004. 

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

AND 2 COPIES OF THE FOLLOWING: 

(and numbered correspondingly) 

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

appendix. 

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

11 . Yes E] N/A ® Incorporation by Reference Statement(s) because this rule incorporates a document by 

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

541-A:12, 111. 

12. Yes ® N/A 0 The "Final Proposal-Annotated Text," indicating how the proposed rule was changed 

because the text of the rule changed from the Initial Proposal pursuant to RSA 541-A:12, 

II(e) . 

13. . Yes ON/A ® The amended fiscal impact statement because the change to the text of the Initial Proposal 

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

LBAO 

FtS 04:12B 

7/2104 

Fiscal Impact Statement for Department of Environmental Services rules governing Hot Mix Asphalt Plants . jEnv-A 2700] . . . . . 

1" Cornparison Of the costs of the proposed rule(s) to the exlsting nrle(s): . 

. There SO no costs attributable to either the proposed or exisfjng rules. 

x. Gift the Fei`israi mancfate, identify tha kjpact on staft funds., _ 

. Tl1ere is no Federal mandate fortl7ese rciies . However, these rules, incorporate part of 

. the Stete. frdplemeritation Plan which has been approvedby'the US Environmental 

Protection~AOency Pursuant to ft Federal Clean Air Act, 42 U.S,C. Secfion 7410. No impact on 9tate'funds: . 

3: Cost and bertefits 4f fhe proposed rute(a): 

There are no~csoets associated with thb proposed rule becacrse, even d the exfstttltg rule ' were aitowed to expire, affected sources would atiif be required to' co:nply wlttr the federal rule- that incorporates It at 40 CFR 52.4s20.~ . 

,, . . 

A. To State general or State special funds: 

None. . . 

9. To State citlasns and political subdivlsions~ 

None: . - 

C. To indepeWantly owned businesses: 

None. . 
410 CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C:4 Rulemaking Authority; Subpoena Power. - I. The commissioner shall adopt rules under RSA 541-A, relative to: 

(a) The prevention,-control, abatement, and limitation of air Pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution. 

(b) Primary and secondary ambient air quality standards. 

(c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9 . 

(dj The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a. , 

(e) Devices, In addition to those devices defined under RSA 125-C :2, subject to the permit requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II . 

(f) The exemption . of certain devices and non-Title V sources from the permit requirements of RSA 125- C:11; I arid the conformance of exempted devices to established standards, as authorized by RSA 125- C:11; I . . - 

(g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C:12, I. 

(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II . . . 

(i) Fees for permit application and review, as. authorized by RSA 125-C:12, IV. 

(j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13. 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C" 6, XI. 

(I ) Procedures for receiving violation complaints and for rules enforcement; as authorized by RSA 125- C:15, I. 

(m) Procedures for granting variances, as authorized by RSA 125-C:16. 

II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary. 
Added language in bold ftalics; 

deleted language stmelc-#lEeagh 

~'T~~ 

CHAPTER Env-A 2700 HOT MIX ASPHALT P 

Statutory Authority: RSA 125-C:4 

Final Proposal #2004-123 - Fixed Text 10-29-04 1 

~uppa 

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

PART Env-A 2701 PURPOSE 

r) 

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 operated in the state. 

Repeal Env-A 2703.01- Env-A 2703.02, effective 1-18-97 (Docnment #6428-B), as follows: 

FM* A 2:7 

TQ GFON A;Ng 1!, '197-3 

9T- N 

Tabl e 2703 -i 

R;44ie143 e 

(Pounds veFz-vwu~ (P°, ."as e" v..., l 

49;98$ : 

28;880 

3e$98 

40,000, 

38~A00 

198;889 

288;A99 

398;A09 

4AA;889 

500,000 and Aeve 

4-0 

4-6 

24 

29 

-14 

3-7 

4$ 

43 

47 
Added language in bold italics; Final Proposal #2004123 - Fixed Text 10-29-04 2 

deleted language straslcdffeu 

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 2703 EMISSION STANDARDS FOR HOT MIX ASPHALT PLANTS 

Env-A 2703.41 Particulate Matter Emission Standards for Hot Mix Asphalt Plants. ~ The owner or 

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

asphalt plant to exceed 90 milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot. 

Env-A 2703 .02 Visible Emission Standards for Hot Mix Asphalt Plants. 

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

visible stack emissions to exceed an average of 20 percent opacity for any continuous 6-minute period. 

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

PART Env-A 2704 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIX ASPHALT PLANTS 

Env-A 2704.01 Fugitive Emission Control System Required. 

(a) The owner or operator of a hot mix. asphalt plant shall not operate the plant 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 2705 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY 

Env-A 2705.01 Fugaitive Dust Control Within Plant Property. 

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

vehicular movement within the plant property boundaries. Fugitive dust control methods shall include, but shall 

not be limited to, paving or wetting the roadway. 
Added language in bold italics; Final Pioposal #2004-123 - Fixed Text 10-29-04 3 

deleted language straek tke . 

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

devices and sources, such as overflow chutes, aggregate cold feed bins, feeders, aggregate conveyors, anc,.-,, 

stockpiles . 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: 

ef PFediag : 

0 ns 

. 

(a) Pates when Unk is fun; an 

(d) News of plant epefafien-. 
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); RSA 125-C:6,II 

(formerly Env-A 2704 - 2706) - 

- 

- 

Existing Env-A 2703, 2707-2709 (Repealed) T - RSA 125-C:4,I(a); RSA 125-C:6,II