# CHAPTER125-C AIR POLLUTION CONTROL

Section 125-C

:4 125-C:4 Rulemaking Authority; Subpoena Power. - 1. The commissioner shall adopt rules under RSA 541-A, relative to: (a) Theprevention, 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. (d) 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 Vsources fromthe permit requirements of RSA 125- C :l l, l and 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 andpublic hearing on permit applications, including exemptions fromthose 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 3enial, 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 . (1) 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 . (n) The manufacture, use, or sale of consumer products for purposes ofimplementing RSA485:16-c. I-a. In adopting rules under paragraph 1, the department may incorporate by reference standards issued by the California airresources board relative to certification and testing ofvapor recovery equipment. I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C :2, V-c. 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. Source. 1979, 359:2. 1986, 202:8, eff. July 1, 1986 . 1996, 228:19, 104, eff . July 1, 1996; 278:2, 3, eff. Aug. 9, 1996. 2001, 293:5, eff. July 17, 2001 . 2003, 137:3, eff. Jan. 1, 2004. 2004, 175:2, eff. May 27, 2004.December 16, 2004

Carol J . Holahan, Director Office of Legislative Services Division of Administrative Rules 25 Capitol Street State House Annex, Room 219 Concord, New

Hampshire 03301-6312 Reference Doc. #8217 Env-A 2700 Dear Director Holahan: Michael P Nolin Commissioner

Pursuant to RSA541-A:15, I-a, I hereby certify that the enclosed rules are the same in substance as the rules originally filed with the Office of Legislative Services, Division of Administrative Rules. I further certify that the enclosed rule, as edited for format by the Division of Administrative Rules, is the official version of these rules which this agency is required to publish in an 8 Y2 x 11 inch loose-leaf format as part of the New Hampshire Code of Administrative Rules, under Chapter 5 of the New HampshireDrafting and Procedure Manaial forAdministrative Rides and RSA 541-A : 15J . Sincerely,



## <<.", j Michael P

.1Volin Commissioner Enclosure CC : Barbara Hoffman, DES Stationary Source Planning Manager Gretchen R

. Hamel, DES Legal Unit Administrator

The State of New

Hampshire 

## Department of Environmental Services

P .O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 " Fax: (603) 271-1381 " TDDAccess : Relay NH 1-800-735-2964 DES Web site: www

.des .nh.govNEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

TABLE OF CONTENTS CHAPTEREnv-A 2700 HOT MIXASPHALT PLANTS PART Env-A 2701 PURPOSE Section Env-A 2701 .01 Purpose PART Env-A 2702 SCOPE Section Env-A 2702.01 Scope PART Env-A 2703 EMISSION STANDARDS FOR HOT MIXASPHALT PLANTS Section Env-A 2703.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants Section Env-A 2703.02 Visible Emission Standards for Hot Mix Asphalt Plants PART Env-A 2704 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIXASPHALT PLANTS Section Env-A 2704.01 Fugitive Emission Control System Required PART Env-A 2705 FUGITIVE DUST CONTROL WITHINTHE PLANT PROPERTY Section Env-A 2705.01 Fugitive Dust Control Within Plant Property

xlii Env-A,NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES CHAPTER Env-A 2700 HOT MIX ASPHALT PLANTS

Statutory Authority: RSA 125-C:4 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 fromhot mix asphalt plants . Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04 PART Env-A 2702 SCOPE Env-A 2702.01 Scope. This chapter shall apply to any hot mix asphalt plant operated in the state. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04 PART Env-A 2703 EMISSION STANDARDS FORHOT MIXASPHALT PLANTS Env-A 2703.01 Particulate Matter Emission Standards for Hot Mix Asphalt Plants . The owner or operator of a hot mix asphalt plant shall not cause or allowthe emission of particulate matter fromthe hot mix asphalt plant to exceed 90 milligrams per dry standard cubic meter, or 0.04 grains per dry standard cubic foot . Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04 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 Env-A 807. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04 PART Env-A 2704 FUGITIVE EMISSION CONTROL SYSTEM FOR HOT MIXASPHALT 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 systemthat is operated and maintained to prevent the emission of particulate matter fromany point other than the stack outlet . (b) The following sources and devices at a hot rnix asphalt plant shall be exempt fromthe fugitive emission control system : (1) Overflow

chutes ; (2) Aggregate cold feed bins; (3) Feeders; and

1 Env-A 2700NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (4) Aggregate conveyors. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04 PART Env-A2705 FUGITIVE DUST CONTROL WITHINTHE PLANT PROPERTY Env-A 2705.01 Fugitive 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. (b) The owner or operator of a hot mix asphalt plant shall control emissions of dust fromancillary devices and sources, such as overflow chutes, aggregate cold feed bins, feeders, aggregate conveyors, and stockpiles. Fugitive dust control methods shall include, but shall not be limited to, wet suppression, windbreaks, enclosures, or soil stabilization. Source. #6428-B, eff 1-18-97 (formerly Env-A 1209) ; ss by #8217, eff 11-24-04

2 Env-A 2700NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Appendix Provision of the Rule Env-A 2701 - 2705 Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement RSA 125-C

:4, I(a) ; RSA 125-C

:6, II

3 Env-A 2700