CHAPTER 125-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) 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 . 

(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 V sources from the 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 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 

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 of implementing RSA 485 :16-c. 

I-a. In adopting rules under paragraph 1, the department may incorporate by reference standards issued by the 

California air resources board relative to certification and testing of vapor 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 RSA 541-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 Hampshire Drafting and Procedure Man aial 

for Administrative 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 " TDD Access : Relay NH 1-800-735-2964 

DES Web site : www.des .nh.gov 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

TABLE OF CONTENTS 

CHAPTER Env-A 2700 HOT MIX ASPHALT 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 MIX ASPHALT 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 MIX ASPHALT 

PLANTS 

Section Env-A 2704 .01 Fugitive Emission Control System Required 

PART Env-A 2705 FUGITIVE DUST CONTROL WITHIN THE PLANT PROPERTY 

Section Env-A 2705 .01 Fugitive Dust Control Within Plant Property 

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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 from hot 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 FOR HOT MIX ASPHALT 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 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. 

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 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 rnix asphalt plant shall be exempt from the fugitive 

emission control system: 

(1) Overflow chutes ; 

(2) Aggregate cold feed bins; 

(3) Feeders; and 

1 Env-A 2700 
NEW 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-A 2705 FUGITIVE DUST CONTROL WITHIN THE 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 from ancillary 

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 2700 
NEW 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