The State ofNew Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

March 31, 2011 

H. Curtis Spalding, Regional Administrator 

U.S. Environmental Protection Agency, Region I 

5 Post Office Square, Suite 100 

. Boston, MA 02109-3912 

Re: State Implementation Plan Revision Submittal for Amendments to Env-A 600, 900, and 

Env-A 2800: Permit~by-notification and compliance requirements for non-metallic mineral 

processing plants 

Dear Administrator Spalding: 

Pursuant to section 110 of the federal Clean Air Act as amended, the state of New Hampshire 

(NH) hereby submits for approval two copies of the proposed State Implementation Plan (SIP) revision 

and one electronic copy. As Governor John Lynch's designee, I am requesting EPA's prompt approval 

of this revision, which consists of the additions and amendments to the following rules: 

• Env-A 600 contains the requirements for the statewide permit system. The amendments (I) 

establish a permit-by-notification (PBN) system for non-metallic mineral processing plants 

in lieu ofthe current general state permit (GSP); (2) clarify when documents and reports will 

be deemed "filed" with DES; (3) clarifY the applicability requirements for combustion 

devices; ( 4) clarifY the information that must be submitted with an application for a 

temporary permit, a state permit to operate (SPO), or a Title V permit, including that those 

sources which operate air pollution control equipment must comply with Env-A 810.01 by 

submitting an operation and monitoring plan for that equipment with their application; (5) 

require applications for Minor Modifications of Title V Operating Permits to be filed with 

DES at least 90 days prior to expiration of the Temporary Permit; and (6) merge the 

substance of the section that describes how actual emissions should be calculated (Env-A 

616.01) into Env-A 705.02, and replace the text of 616.01 with a cross-reference to 705.02. 

• Env-A 900 establishes recordkeeping and reporting requirements. The amendments to EnvA 903.01 exempt PBN facilities/devices from the recordkeeping requirements and clarify the 

exemption for certain other devices. The amendment to Env-A 907.01 exempts PBN 

facilities/devices from the annual emissions report requirements. 

• Env-A 2800 contains particulate matter, visible emissions, and fugitive dust standards for 

cement/concrete sources and for sand/gravel sources, including those at which such 

materials are subject to crushing or grinding. The amendments (1) distinguish sources at 

which non-metallic minerals are subject to crushing or grinding ("non-metallic mineral 

processing plants") from other sand/gravel sources; (2) separate the particulate matter and 

visible emissions standards for non-metallic mineral processing plants from those for other 

sources; and (3) establish a PBN for non-metallic mineral processing plants to replace the 

GSP option. As part of the proposed revisions, Env-A 101.166 (definition of"sand and 

DES Web site: www.des.nh.gov 

P.O.llox 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 
. Mr. R Curtis Spalding, Regional Administrator 

SIP Revision Submittal 

Page2 

March 31 2011 

gravel source") was readopted with amendment as Env-A 2802.04, and Env-A 1710.04 

(previously the GSP application form for non-metallic mineral processing plants) was 

readopted with amendments as EnvcA 2806.04. 

This submittal contains all documentation necessary to satisfy the SIP completeness 

requirements pursuant to 40 CPR Part 51, Appendix V. The following administrative materials are 

included for your review: 

a, Evidence of the rule's adoption 

b .. Evidence oflegal authority . 

c. A copy of the rule 

.d. Evidence that all the State's legal requirements were followed in adopting the rule and 

submitting the SIP revision 

e. ·Evidence that the public notice was given in accordance with EPA procedures 

f. Certification that, if requested, the public hearing was held in accordance with the public 

notice 

g. A compilation of public comments and the State's responses thereto 

One of the requirements of Appendix V is that the documentation include the date of adoption, 

as well as the effective date, of the rule. In accordance with NH Revised Statutes Annotated (RSA) 541-

A: 14, an agency may adopt a rule after all procedures have been completed. The NH Department of 

Environmental Services (DES) adopts a rule on the day its Commissioner signs a letter advising that he 

has adopted the rule and files the adopted rule with the Director ofthe Office of Legislative Services 

(OLS). The rule takes effect the day after it is filed unless a different date is requested in the letter. The 

attachments hereto contain a letter from the DES Commissioner to the Director of the OLS, 

documenting the adoption of the rule, as well as written documentation from the OLS as to the filing 

and effective dates of the rule. 

Technical support materials are not included for any of the changes, as it is not anticipated that 

the enclosed rules will affect previous demonstrations regarding attainment of the national ambient air 

quality standards. 

Should you have any questions regarding this submittal, please contact Barbara Dorfschmidt, 

Senior State Permit Engineer at barbara.dorfschmidt@des.nh.gov or (603) 271-6796, or Karla 

McManus, Planning and Rules Manager at karla.mcmanus@des.nh.gov or (603) 271 "6854. Thank you. 

Enclosures 

ec: Dave Conroy, EPA 

Ida E. McDonnell, EPA 

Donald Dahl, EPA 

Sincerely, 

Robert R. Scott 

Director 

Air Resources Division 
EVIDENCE OF THE RULE'S ADOPTION 

40 CFRPart 51, Appendix V, 2.l(b) 
The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

Carol J. Holahan, Director 

c/o OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP # 2010-74 

Dear Director Holaban: 

September 22, 20 I 0 

Please be advised that I, as Commissioner of the Department of Enviromnental Services, 

have adopted the following rules, to be effective October I, 2010: 

Env-A 600 - various sections and paragraphs: Revisions to Statewide Air Permit System 

The Joint Legislative Committee on Administrative Rules approved these rules at its 

meeting on September 16,2010. 

A copy of the adopted rules is being filed electronically, concurrent with thee-filing of 

this adoption letter. The original, signed adoption letter is being sent separately by messenger 

mail for your records. 

I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby 

certify that the enclosed are true copies of the rules I have adopted. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit 

Public Information and Permitting Office 

Karla McManus, Air Division 

Sincerely, 

Thomas S. Burack 

Commissioner 

ec: K. Allen Brooks, Chief, AGO-Enviromnental Protection Bureau 

DES Web sile: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshh·e 03302-0095 

Telephone: (603) 271-3503 • Fax: (603) 271-2867 • TDD Access: Relay NH 1-800-735-2964 
The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

Carol J. Holahan, Director 

c/o OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP # 2010-75 

Dear Director Holahan: 

September 22, 20 I 0 

Please be advised that I, as Commissioner of the Department of Environmental Services, 

have adopted the following rules, to be effective October 1, 20 I 0: 

. Env-A ~. ~. 903.01(b), 907.01(a), !783.8l(aj.; Amendments relating to 

Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

The Joint Legislative Committee on Administrative Rules approved these rules at its 

meeting on September 16, 2010. 

A copy of the adopted rules is being filed electronically, concurrent with thee-filing of 

this adoption letter. The original, signed adoption letter is being sent separately by messenger 

mail for your records. 

I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby 

certify that the enclosed are true copies of the rules I have adopted. 

Sincerely, 

~~~ 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit 

Public Information and Permitting Office 

Karla McManus, Air Division 

Thomas S. Burack 

Commissioner· 

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau 

DES Web site: W\VW.dcs.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 ' 

Telephone: (603) 271-3503 • Fax: (603) 271-2867 • TDD Access: Relay Nil 1-800-735-2964 

---
The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S. Burack, Commissioner 

Carol J. Holahan, Director 

c/o OLS, Division of Administrative Rules 

State House Annex, Room 219 

Concord, NH 03301 

Re: Adoption of Final Rules, FP # 2010-76 

Dear Director Holahan: 

September 22, 20 I 0 

Please be advised that I, as Commissioner of the Department ofEnvironn1ental Services, 

have adopted the following rules, to be effective October I, 2010: 

Env-A 2800: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; 

Cement & Concrete Sources 

The Joint Legislative Committee on Administrative Rules approved these rules at its 

meeting on September 16,2010. 

A copy of the adopted rules is being filed electronically, concurrent with thee-filing of 

this adoption letter. The original, signed adoption letter is being sent separately by messenger 

mail for your records. 

I, Thomas S. Burack, Commissioner of the Department of Environmental Services, hereby 

certify that the enclosed are true copies of the rules I have adopted. 

Sincerely, 

~~~~ 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit 

Public Information and Permitting Office 

Karla McManus, Air Division 

Thomas S. Burack 

Commissioner 

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau 

DES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-3503 • Fax: (603) 271-2867 • TDD Access: Relay NH 1-800-735-2964 
EVIDENCE OF LEGAL AUTHORITY 

40 CFR Part 51, Appendix V, 2.1(c) 

Laws of New Hampshire, RSA 125-C:4 

Rulemaking Authority; Subpoena Power 
TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C:4 Rulemaldng 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. 

(d) The establishment and operation of a statewide permit system, as authorized by 

RSA 125-C:6, XIV, RSA 125-C:ll, I and RSA 125-C:ll, I-a. 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the 

permit requirements of RSA 125-C:ll, 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: II, I and the conformance of exempted devices to 

established standards, as authorized by RSA 125-C:ll, I. 

(g) The forms and information required on applications for temporary and permanent 

permits required under RSA 125-C: II, 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-d. 

Ul Procedures for permit application review, as authorized by RSA 125-C:ll, IV, 

and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:l3. 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by 

RSA 125-C:6, XL 

(l) 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. 

(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin 

as provided in RSA 125-C:lO-b, VII(f). 

(p) The duration of time during which no additional best available control technology 

determination is required as provided in RSA 125-C:lO-b, IV and VI. 

(g) Procedures for establishing standards for and certification of any material, that is 

not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-

C:IO-b. 
(r) Standards and testing requirements for biomass and eligible biomass fuel as 

authorized by RSA 125-C:6, XIV -a. 

I-a. In adopting rules under paragraph I, 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 -il1 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. 1996,228:19, 104; 278:2,3.2001,293:5.2003, 137:3. 

2004, 175:2, eff. May 27,2004.2005, 173:3, eff. June 29,2005.2008, 113:3, eff. Aug. 2, 

2008.2010, 183:6, eff. June 21, 2010. 
COPY OF THE ACTUAL RULE 

40 CFR Pmi 51, Appendix V, 2.1 (d) 
Adopted to be effective 10-01-10 

Effective 10-1-2010, PART Env-A 603 reads as follows: 

PART Env-A 603 PERMIT OR NOTICE REQUIRED 

Env-A 603.01 Permit Required. 

(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 a temporary permit in 

accordance with the provisions of this chapter, without having applied for and been issued a temporary permit. 

(b) No person shall cause or allow the operation of an 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 of this 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 of this 

chapter, without having applied for and been issued a title V operating permit. 

(d) The owner or operator of a nonmajor stationary source, area source, or device that is eligible to be 

installed and operated pursuant lo a permit-by-notification as specified in Env-A 603.02(a) shall be exempt 

from any other permitting requirement in this chapter if a permit-by-notification is obtained as specified in 

Env-A 603.02(b). 

Env-A 603.02 Permit-by-Notification. 

(a) A non-metallic mineral processing plant as defined in Env-A 2802.03 that is 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 plant pursuant to a permit-by-notification, 

the owner or operator shall comply with Env-A 2806. 

Effective 10-1-2010, PART Env-A 605 and PART Env-A 606 read as follows: 

PARTEnv-A 605 OBLIGATION OF APPLICANT 

Env-A 605.01 Applicability. This part shall apply to each person who requests a permit or other form 

of license from the department on behalf of himself or an owner or operator. 

Env-A 605.02 Proof of Source Ownership or Permissible Use. The department shall consider an 

application only when the applicant has certified by affidavit that the owner or operator has right, title, or 

interest in all of the property that is proposed for development or use, because the owner or operator owns, 

leases, or has binding options to purchase all of the property proposed for development or use. The owner or 

operator shall bear the burden of proving right, title, and interest in the property. 

Env-A 605.03 Proof of Legal Authority. Where the applicant is not the legal owner of the source or device 

that is the subject ofthe application, a copy of the agency agreement authorizing the applicant to act on behalf of 

the owner for purposes of the application shall be filed as part of the application for a permit. 

Env-A 605.04 Certification of the 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 of the document and 

shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the 

best of the responsible official's knowledge and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete. 
Adopted to be effective 10-01-10 2 

(b) Within 30 days of any change in the identity of the 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). 

PART Env-A 606 AIR POLLUTION DISPERSION MODELING IMPACT ANALYSIS REQUIREMENTS 

Env-A 606.01 Purpose. The purpose of this part is to specify the air pollution dispersion modeling 

impact analysis requirements that shall apply to owners or operators of certain sources and devices in order to 

demonstrate compliance with the SIP, RSA 125-C, RSA 125-I, and any rules adopted thereunder. 

Env-A 606.02 Applicability. 

(a) Subject to (b), below, as part of the application for any permit, a complete air pollution dispersion 

modeling impact analysis shall be performed in accordance with this part on behalf of an owner or operator of 

any one of the following sources or devices: 

( 1) A new stationary source, area source, or device; or 

(2) A modification of a stationary source, area source, or device. 

(b) An owner or operator of one of the 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 successor rule in Env-A 1300, where 

the hours of operation 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 1211.01 G) 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 of fugitive dust. 

Env-A 606.03 Responsibility for Conducting Air Pollution Dispersion 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 of the permit application one of the 

following: 

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Env-A 606.04 Air Pollution Dispersion Modeling Impact Analysis. An air pollution dispersion 

modeling impact analysis shall be conducted in accordance with 40 CFR 51, Appe11dix W, using any model or 

methodology, as applicable, that the administrator has specified or proposed for inclusion in 40 CFR 51, 

Appendix W. · 

Env-A 606.05 Specific Emissions Included in ari Air Pollution Dispersion Modeling Impact Analysis. 

(a) An air pollution dispersion modeling impact analysis shall include emissions from the following: 

(!) The applicable source or device required to be. modeled pursuant to the applicability section 

of this part; 

(2) All area sources or devices located at the site of the applicable source or device and which 

emit one or more of the same air pollutants or regulated toxic air pollutants as the applicable source 

or device; and 
Adopted to be effective 10-01-10 3 

(3) All interactive sources identified by the department in accordance with 40 CFR 51, Appendix W. 

(b) An air pollution dispersion modeling impact analysis shall not include emissions from any of the 

following: 

(I) An exempt activity as specified in Env-A 609.03(c); 

(2) An insignificant activity as specified in Env-A 609.04(d) where such activity is not regulated 

pursuant to Env-A 1400; or 

(3) A hazardous air pollutant or regulated toxic air pollutant from a fuel burning device which 

burns coal, natural gas, propane, wood in the form of whole tree chips, untreated wood, or liquid 

fuel, where the term "liquid fuel" does not include the following: 

a. 11Waste oil 11

, which is oil that is no longer suitable for further use or economic recycling; or 

b. "Used oil" as defined in Env-A 101.209. 

Effective 10-1-2010, Env-A 607.01 through Env-A 607.10 read as follows: 

Env-A 607.01 Specific Applicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device shall obtain a temporary permit in accordance with the provisions of this chapter 

prior to the construction or installation of the source or device if the source or device is any of the 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 (I) 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 per hour that combusts: 

(I) Solid fuel; 

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil; 

(3) Used oil as defined in Env-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 per hour, and the combined total design gross heat input for all such devices is greater than 

or equal to I ,500,000 BTUs per hour; or 

(2) Each device combusts gaseous or liquefied propane gas fuel and has a design gross heat input 

greater than I ,500,000 BTUs per hour, and the combined total design gross heat input of all such 

devices is greater than or equal to I 0,000,000 BTUs per hour; 
Adopted to beeffectivc 10-01-10 4 

(c) An incinerator using any combination of type 0, I, 2, or 3 waste with a design rating greater than or 

equal to 1000 pounds per hour; 

(f) An incinerator using any combination of type 4, 5, 6, and 7 waste with a design rating greater than 

or equal to 200 pounds per hour; 

(g) A stationary source, area source, or device with total actual volatile organic compound (VOC) 

emissions greater than or equal to l 0 tons per year; 

(h) An aboveground, vertical, VOC storage tank with a capacity greater than or equal to 40,000 gallons 

and containing VOCs with a true vapor pressure greater than or equal to 1.52 pounds per square inch absolute 

(psia) at 60°F; 

(i) A device for loading tank trucks with gasoline at a gasoline terminal with a throughput greater than 

or equal to 20,000 gallons per day; 

(j) A woodworking device employing a pneumatic transfer system, which does not use a baghouse or 

filter for controlling dust emissions, for collecting any amount of sander dust at a total wood waste collection 

rate greater than or equal to 20 tons per year; 

(k) Pneumatic dust transfer equipment used to convey materials, other than wood waste, into bins or 

silos, and not using a baghouse or filter for controlling dust; 

(l) A fixed non-metallic mineral processing plant or coal crusher with a design throughput greater than 

or equal to 25 tons per hour; 

(m) A portable non-metallic mineral processing plant or a coal crusher with a design throughput of 

greater than or equal to !50 tons per hour; 

(n) A stationary source, area source, or device choosing to limit its potential to emit by accepting 

enforceable permit conditions that restrict its hours of operation, type or amount of material combusted, 

stored, or processed or level of production; 

(o) A stationary source, area source, or device at which documented and repeated violations occur of 

any of the applicable opacity or emission limits found in Env-A 400 et seq.; 

(p) A stationary source, area source, or device at which documented and repeated violations of any of 

the national ambient air quality standards (NAAQS) as found in Env-A 300 occur and the source is a 

significant contributor to the violation, where discovery of the violation(s) or contribution resulted from one 

of the following: 

(I) A direct measurement using ambient air quality monitoring; or 

(2) Calculations based on the technical procedures adopted pursuant to 40 CFR 51, Appendix W. 

(q) A stationary source, area source, or device subject to the new source performance standards 

(NSPS) contained in 40 CFR 60, except a source or device that is subject only to recordkeeping requirements 

in the applicable NSPS; 

(r) A stationary source, area source, or device subject to the national emission standards for hazardous 

air pollutants (NESHAP) contained in 40 CFR 61; 

(s) A stationary source, area source, or device subject to rules governing prevention of significant 

deterioration (PSD) as contained in Env-A 619; 

(t) A stationary source, area source, or device subject to rules governing non-attainment areas as 

contained in Env-A 618; 

(u) A stationary source or area source operating as a treatment, storage, or disposal facility under EnvWm 100- 1000; 
Adopted to be effective 10-01-10 5 

(v) A stationary source, area source, or device where a permit is required under the rules governing 

regulated toxic air pollutants pursuant to Env-A 1400; 

(w) A stationary source, area source, or device where a permit is required by the maximum achievable 

control technology (MACT) standards for source categories as found in 40 CFR 63; 

(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 of less than 5 tons of 

VOCs per year; 

(y) A stationary source, area source, or device determined by the department, based on modeling 

performed in accordance with 40 CFR 51, Appendix W, to have a significant impact on the air quality where a 

permit is required to ensure that ambient air quality standards are achieved and maintained; 

(z) A source affected by or opting into the Acid Rain program under title IV of the Act; 

(aa) A stationary source, area source, or device that is a major source of hazardous air pollutants subject 

to section 112(g) of the Act and 40 CFR 63; 

(ab) A nitrogen oxides (NOx) budget source as defined in Env-A 3203.17; 

(ac) A nitrogen oxides (NOx)-emitting generation source as defined in Env-A 3702; or 

(ad) A carbon dioxide (C02) budget source as defined in Env-A 4602. 

Env-A 607.02 Timely Application. 

(a) For an initial temporary permit, an application shall be considered timely if it is filed with the 

department prior to the constmction or installation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is filed 

with the department at least 90 days prior to the designated expiration date of the temporary permit. 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a temporary 

permit shall include the following: 

(a) The information specified in Erw-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 a major source, all information specified in Env-A 1709; 

(d) For a major source of hazardous air pollutants subject to 112(g) of the 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) Proof of source 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 I 01.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 
Adopted to be effective 10-01-10 6 

intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, 

as specified in Env-A 810.02. 

Env-A 607.04 Department Review of Applications. The department shall review each application for 

a temporary permit to ensure compliance with: 

(a) All applicable elements of the SIP; 

(b) Env-A 300 et seq.; 

(c) Applicable state law governing air pollution; and 

(d) Applicable requirements, as defined in Env-A 101.26. 

Env-A 607.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, 

within 60 days of receipt of an application, the department shall notify the applicant that said application is 

deemed complete or shall request that the applicant submit information in accordance with Env-A 607.03(b). 

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 

corrected information no later than 30 days after such discovery or notification. 

(b) While processing an application that has been deemed complete, if the 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 of receipt of such a request. 

Env-A 607.07 Final Action. The department shall take final action on an application for a temporary permit 

after the requirements for public notice and hearing procedures specified in Env-A 621 have been satisfied. 

Env-A 607.08 Permit Expiration. 

(a) The expiration date of each temporary permit shall be 18 months after the date of its 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. 

(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 of a tempormy permit shall terminate the owner or 

operator's right to construct or operate a new or modified source or device pursuant to tbe permit. 

(e) For a source or device that has completed construction and demonstrated compliance through 

testing, if applicable, 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 

continue under the terms and conditions of the expired temporary permit pending the department's decision on 

the application. 

Env-A 607.09 Permit Reissuance. 

(a) The owner or operator may request a reissuance of a temporary permit for a period not to exceed 

one year, provided that at least one of the following is met: 

(1) Actual construction has been completed by the expiration date, but any required compliance 

testing has not been completed; 
Adopted to be effective 10-01-10 7 

(2) Actual construction has commenced by the expiration date, but it has not been completed; 

(3) Actual construction has not commenced, but the owner or operator provides a copy of at least 

one binding agreement or contractual obligation which cannot be canceled or modified without 

substantial loss to the owner or operator; 

(4) The owner or operator is in the process of obtaining a permit or permits from another 

governmental entity; or 

(5) The owner or operator is involved in litigation where a permit from another governmental 

entity has been issued and appealed. 

(b) The owner or operator shall file a written request for a reissuance, specifying the basis for such 

request, and including a certification pursuant to Env-A 605.04(a). 

Env-A 607.10 Application Shield: Temporary Permits. 

(a) If an applicant files a timely application that has been deemed complete by the department for the 

reissuance of a temporary permit or the issuance of an initial state permit to operate, the failure to have a 

current and valid temporary permit shall not be considered a violation of RSA 125-C: II, 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:l2, III; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) If the 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 the request. 

Effective 10-1-2010, PART Env-A 608 reads as follows: 

PART Env-A 608 STATE PERMITS TO OPERATE 

Env-A 608.01 Specific Applicability. The owner or operator of any stationary smrrce, area source, or 

device specified in Env-A 607.01 shall file a timely application for, and obtain, a state permit to operate in 

accordance with the provisions of this chapter. 

Env-A 608.02 Timely Application. 

(a) For a 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 

if it is filed with the department at least 90 days prior to the designated expiration date of the temporary permit. 

(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 if it is filed with the department at least 90 days prior to the 

designated expiration elate of the current state permit to operate. 

Env-A 608.03 Application Procedmes 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; 
Adopted to be effective 10-01-10 8 

(d) Proof of 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 101.17, an air pollution 

control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(f) If a plan is not required pursuant to Env-A 810.01, a description of the 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. 

Env-A 608.04 Department Review of Applications. The department shall review each application for a 

state permit to operate to ensure compliance with: 

(a) All applicable elements of the SIP; 

(b) Env-A 300 et seq.; 

(c) Applicable state law governing air pollution; and 

(d) Applicable requirements, as defined in Env-A 101.26. 

Env-A 608.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, within 

60 days of receipt of an 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 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 or being 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, if the department requests 

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 of receipt of such a request. 

Env-A 608.07 Final Action. The department shall take final action on an application for a state permit to 

operate after the requirements for public notice and hearing procedures specified in Env-A 621 have been 

satisfied. 

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 of a state permit 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 operate under the terms and conditions of the expired state permit to operate until 

the department has 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 of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C: l2, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 
Adopted to be effective 10-01-10 9 

Env-A 608.09 Permit Renewal And Expiration Date Established. 

(a) Each state permit to operate shall be issued for a period of 5 years and shall be renewed in 

accordance with Env-A 608.10. 

(b) The amendment or modification of a state permit to operate shall not affect the permit expiration 

date contained in the permit. 

Env-A 608.10 Permit Renewal. 

(a) The owner or operator shall file with the department an application for permit renewal at least 90 

days prior to the designated expiration date of the existing state permit to 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. 

Env-A 608.11 Permit Reissuance. 

(a) The owner or operator may request a reissuance of a state permit to operate for a period not to 

exceed 2 years if: 

(1) Required compliance testing is not complete by the designated expiration date; 

(2) The owner or operator is in the process of obtaining a permit or permits from another 

governmental entity; 

(3) The owner or operator is involved in a dispute where a permit from another govemmental 

entity has been issued and appealed; or 

(4) The operation of the device or source will be discontinued within 2 years after the designated 

expiration date. 

(b) The owner or operator shall file a written request for a reissuance, specifying the basis for such 

request and including a certification pursuant to Env-A 605.04(a), with the department at least 90 days prior to 

the designated expiration date of a state permit to operate. 

Env-A 608.12 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: 11,1, 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 have been exhausted. 

(b) If the department deems an application complete but requests additional information pursuant to 

Env-A 608.06(b), the protection granted in (a), above, shall cease to apply if the applicant fails to file in 

writing such additional requested information by the deadline specified in the request. 

Effective 10-1-2010, PART Env-A 609.06 through Env-A 609.08 read as follows: 

Env-A 609.06 Application Procedures For Title V Operating Permits. 

(a) The owner or operator of any source 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 include the following: 
Adopted to be effective 10-0 1-1 0 I 0 

(l) Complete application forms provided by the department as described in Env-A 1703 through 

Env-A 1708; 

(2) All information specified in Env-A 1709; 

(3) Proof of source ownership or permissible 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 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; 

(6) Fur a source with air pollution control equipment as defined in Env-A I 01.17, an air pollution 

control equipr;,cr,r mGnitoring plan or catalyst management plan pursuant to Env-A 810.0 I; and 

(7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source 

intends to conduct to demonstrate compliance with ail applicable state and federal statutes, rules, 

and permits, as specified in Env-A 810.02. 

(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 operating permit with the department, the applicant shall 

forward a copy of the items identified in (b)(!) 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 if it 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) of the Act or to have a 

permit under the preconstruction review program approved as part of the New Hampshire SIP 

under parts C or D of title I of the Act, shall file a permit application to obtain a title V operating 

permit or title V operating permit revision within 12 months of commencing operation; and 

(3) Any source that becomes subject to the provisions of section 112(j) of the Act shall file a title 

V operating permit application in accordance with the provisions of section 112(j) and 40 CFR 

63.50 through 63.56. 

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is filed 

with the department at least 6 months prior to the designated expiration date of the 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 of a title V 

operating permit, the failure to have a title V operating permit shall not be considered a violation of this 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:l2, JII; or 

(2) The denial is affirmed after all available appeals have been exhausted. 

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to file in writing any 

information requested by the department pursuant to Env-A 609. 12, by the deadline specified. 
Adopted to be effective 10-01-10 II 

Effective 10-1-2010, Env-A 609.12 reads as 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 otherwise becoming 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 of release of the 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, if the 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 

previously deemed complete, the department shall request that such information be filedin writing, and specify 

the date by which it shall he filed. 

Effective 10-1-2010, Env-A 609.15 reads as follows: 

Env-A 609.15 Permit Expiration. 

(a) A title V operating permit 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 of a 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 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 of the expired title V operating permit until the 

department has taken final action on the renewal of the application. 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as of: 

(I) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C:l2, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Effective 10-1-2010, Env-A 609.18 reads as follows: 

Env-A 609.18 Criteria for Permit Renewal. 

(a) The department shall determine permit conditions under which a title V operating permit shall be 

renewed based on: 

(I) All definitions and requirements ofEnv-A 100 <e!§ff!. and the Act; and 

(2) The owner or operator's compliance status with the conditions of the existing permit and all 

applicable requirements of Env-A 300 <et §ff!. and the Act. 

(b) The department shall take final action on a permit renewal of a 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; 
Adopted to be effective l 0-0 l-1 0 12 

b. Proof of source ownership or permissible usc, as specified in Env-A 605.02; and 

c. Where air pollution dispersion modeling is required for a source or device pursuant to EnvA 606.02, the information required pursuant to Env-A 606.03; 

(2) The requirements for public participation 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, have been satisfied; 

(4) The conditions of the proposed title V operating permit provide for compliance with all 

requirements of Env-A 300 et seq. and the Act; and 

(5) The EPA has received a copy of the ·pi·oposed title V operating permit and any notices 

required, and has not objected to the issuance of such permit within the time period specified in 40 

CFR 70.8(c). 

Effective 10-1-2010, Env-A 610.03 through Env-A 610.05 read as follows: 

Env-A 610.03 Definition. For the purpose of this part, the following definition shall apply: 

(a) "Emergency generator" means "emergency generator" as defined in Env-A 101. 

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 operMes no more than 500 

hours per year during any consecutive 12-month period shall be a source category for a general state permit. 

Env-A 610.05 Petitions to Establish Source Categories for General State Permits. 

(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 of a source category for a general state 

permit; 

(2) The title and description of the 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 of Env-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 of the receipt by the department oftl1e petition filed by the petitioner, the 

department shall notify the petitioner that the information is complete, or identify the information necessary to 

complete the petition and request that such information be filed within 30 clays of such request. 
Adopted to be effective 10-01-10 13 

Effective 10-1-2010, Env-A 610.08 and Env-A 610.09 read as 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 a particular source category, the owner or 

operator of a 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. 

(b) The registration package shall contain the following: 

(I) 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) Proof of source ownership or permissible use, as specified in Env-A 605,02. 

Env-A 610.09 Department Review of Registration Package. 

(a) The department shall review each registration package for a general state permit to ensure 

complete and accurate information is filed in accordance with Env-A 610.08. 

(b) If the department finds the registration package to be complete and accurate, within IS days of 

receipt by the department of the registration package filed by the source, the department, pursuant to RSA 

125-C: II and RSA 125-C: 13, shall issue either: 

(I) A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

(c) If the department finds the registration package to be incomplete, inaccurate, or unclear, within 15 

days of receipt by the department of the registration package filed by the source, the department shalJ issue 

either: 

(I) A letter requesting supplementary facts or corrected information in accordance with (d), 

below; or 

(2) A letter requesting clarification of the 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 incorrect information for a general state permit 

shall, upon becoming aware of or being notified by the department of such failure or incorrect 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 department requests clarification from the owner or operator of the information filed in 

accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of 

receipt of the request. 

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department's receipt 

of the registration package filed by the source, the department, in accordance with RSA 125-C:ll and RSA 

125-C: 13, shall issue either: 

(I) A letter of approval to the source with a copy of the general pennit(s) attached; or 

(2) A letter of disapproval which specifically identifies the reason(s) for disapproval. 

Effective 10-1-2010, Env-A 610.13 and Env-A 610.14 read as follows: 

Env-A 610.13 Expiration Date And General State Permit Reestablishment Procedures. 

(a) Each general state permit shall be: 
Adopted to be effective 10-01-10 14 

(I) Established for a period of 5 years; and 

(2) Reestablished in accordance with the procedures for the reestablishment of a general state 

permit specified in Env-A 620. 

(b) The department shall notify each owner or operator of the outcome of the reestablishment process 

in writing. 

(c) If the general state permit is not reestablished, the owner or operator of a 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 of being notified by the department that the general state permit was not 

reestablished. 

(d) If the general state permit is reestablished, the owner or operator of a 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 state permit. 

(e) If a general state permit expires prior to the department reestablishing the general state permit, the 

department shall: 

(1) Extend the expiration date of the general state permit for a period of not more than one year; 

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the 

extension of the expiration date of the general state permit; and 

(3) Notify each owner or operator operating under the general state permit regarding 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 source, area source, or device operating under a general 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 permit to operate program. 

Effective 10-1-2010, Env-A 610.16 reads 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: 

(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, if applicable; 

(3) All additional information necessary to determine qualification for, and to ensure compliance 

with, the general permit; 

(4) Proof of source ownership or permissible 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. 
Adopted to be effective 10-01-10 15 

Effective 10-1-2010, PART Env-A 612 reads as follows: 

PART Env-A 612 PERMIT AMENDMENTS, MODIFICATIONS, AND REVISIONS 

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 

of receipt by the department of a request filed pursuant to (a), above, and shall, in the case of title V operating 

permits, submit a copy of the revised permit to EPA. 

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be 

required, provided that the department designates any such permit revisions as having been made pursuant to 

this section. 

Env-A 612.02 Operational Flexibility for Title V Operating Permits: Emissions Trading, Off-Permit 

Changes, and Section 502(b)(IO) Changes. 

(a) For the purposes ofthis section, the term "section 502(b)(IO) changes" means "section 502(b)(IO) 

changes" as defined in 40 CFR § 70.2, namely "changes that contravene an express permit term. Such changes 

do not include changes that would violate applicable requirements or contravene federally enforceable permit 

terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance 

certification requirements.'' 

(b) The owner or operator of a stationary source or area source subject to and operating under an 

existing title V operating permit may make changes as authorized under (c), (d), or (e) of this section at the 

permitted stationary source or area source without filing an application for and obtaining an amended title V 

operating permit, provided that all of the following general conditions, and the specific conditions in (c), (d), 

or (e) below,, as applicable, are met: 

(I) The change is not a modification under any provision of title I of the Act; 

(2) The change does not cause emissions to exceed the emissions allowable under the title V 

operating permit, whether expressed therein as a rate of emissions or in terms of total emissions; 

(3) The owner or operator has obtained any temporary permit required by Env-A 600; 

(4) The owner or operator has provided written notification to the department and administrator 

of the proposed change and such written notification includes: 

a. The date on which each proposed change will occur, or has occurred, as specified under 

(c), (d), or (e) of this section; 

b. A description of each such change; 

c. Any change in emissions that will result; 

d. A request that the operational flexibility procedures be used; and 

e. The signature of the responsible official, consistent with Env-A 605.04(b); and 

(5) The owner or operator has attached the notice required pursuant to (b)(4) above to its copy of 

the current title V operating permit. 

(c) Changes involving the trading of emissions under an existing title V operating permit may be made 

without filing an application for and obtaining an amended title V operating permit, provided that all of the 

following specific conditions are met: 
Adopted to be effective 10-0 1-10 16 

(1) The title V operating permit issued to the stationary source or area source already contains 

terms and conditions, including all terms and conditions which determine compliance required 

under 40 CFR § 70.6(a) and (c), and which allow for the trading of emissions increases and 

decreases at the permitted stationary source or area source solely for the purpose of complying with 

a federally-enforceable emissions cap that is established in the permit independent of otherwise 

applicable requirements; 

(2) The owner or operator has included in the application for the title V operating permit 

proposed replicable procedures and proposed permit terms which ensure that the emissions trades 

are quantifiable and federally enforceable for changes at the permitted facility which qualify under 

a federally-enforceable emissions cap that is established in the title V operating permit independent 

of the otherwise applicable requirements; 

(3) The department has not included in the emissions trading provision any devices for which 

emissions are not quantifiable or for which there are no replicable procedures to enforce emissions 

trades; and 

(4) The written notification required in (b)(4) above: 

a. Is made at least 7 days prior to the proposed change; and 

b. Includes a statement as to how any change in emissions will comply with the terms and 

conditions of the permit. 

(d) The owner or operator of a stationary source or area source subject to and operating under an 

existing title V operating pennit may make changes not addressed or prohibited by the existing title V 

operating permit at a pennitted stationary source or area source without filing an application for and obtaining 

an amended title V operating permit, provided that all of the following specific conditions are met: 

(1) Each off-permit change meets all applicable requirements and does not violate any existing 

permit term or condition; 

(2) The owner or operator provides contemporaneous written notification to the department and 

the ad1ninistrator of each off-permit change, except for changes that qualify as insignificant under 

the provisions ofEnv-A 609.04; 

(3) The change is not subject to any requirements under title IV of the Act and the change is not a 

title I modification; 

(4) The owner or operator keeps a record describing the changes made at the source which result 

in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise 

regulated under the permit, and the emissions resulting from those changes; and 

(5) The written notification to the department and administrator required in (b)( 4) above includes: 

a. A list of the pollutants emitted; and 

b. Any applicable requirement that would apply as a result of the change. 

(e) The owner or operator of a stationary source or area source subject to and operating under an 

existing title V operating permit may make changes pursuant to section 502(b)(10) of the Act without filing an 

application for and obtaining an amended title V operating permit, provided that the written notification 

required in (b)(4) above: 

(1) Is made at least 7 days prior to the proposed change; and 

(2) Includes any permit term or condition that is no longer applicable as a result of the change. 

(f) The changes authorized in (d) and (e) above shall not qualify for the permit shield under Env-A 

609.09. 
Adopted to be effective 10-01-1 0 17 

(g) The department and the administrator shall attach each notice required pursuant to (b)(4), above, to 

their copy of the relevant title V operating permit. 

Env-A 612.03 Minor Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator of a source or device shall file with the department a request for a minor 

permit amendment for any proposed change to an existing permit condition which will not result in an 

increase in the amount of a specific air pollutant currently emitted by the source or device and will not result 

in the emission of any regulated air pollutant or regulated toxic air pollutant currently not emitted by the 

source or device. 

(b) The request for a nlinor permit amendment shall: 

(I) Be in the form of a letter to the department; 

(2) Describe the proposed change; and 

(3) Describe any new requirements that will apply if the change occurs. 

(c) The department shall take final action on a request for a minor permit amendment within 90 days 

of receipt of a request 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 Significant Permit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator shall file an application to the department for a significant permit 

amendment for any proposed change to the physical structure or operation of the source or device covered by 

the temporary permit or state permit to operate which increases the amount of a specific air pollutant currently 

emitted by such source or device or which results in the emission of any regulated air pollutant 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: 

(I) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable 

and provided by the department, containing all pertinent information with regard to the amendment 

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; 

(3) A description of: 

a. The proposed change; 

b. The emissions resulting from the change; and 

c. Any new requirements that will apply if the 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 a request for a significant permit amendment within 90 

clays of receipt by the department of a 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 the proposed change unless and until the department 

issues the amended permit. 
Adopted to be effective 10-01-10 18 

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 a minor 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 temporary permit1 an application for a minor permit 

modification shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the 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 

I 708, 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 if the 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 of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the minor permit modification procedures; 

(7) A request that minor permit modification procedures be used; and 

(8) For use by the department in notifying EPA and affected states, 2 additional copies of the 

information required by (1), above. 

(d) Within 5 working days of the receipt by the department of a 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) of the request. 

(e) The department shall not make a final decision on a requested permit modification 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. 

(f) By the later of 90 days from receiving an application filed pursuant to (a)- (c), above, or 15 days 

after the end of EPA's 45-day review period, the department shall: 

(l) Issue the requested permit modification if it meets the requirements of this section; 

(2) Deny the requested permit modification if it does not meet the requirements of the 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 of this section and 

send to EPA and to the applicant the new proposed permit modification. 

(g) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit modification with the department. 
Adopted to be effective 10-01-10 19 

(h) Pending final action on the permit modification by the department, the owner or operator shall 

comply with both the applicable requirements governing the change and the proposed permit conditions. 

(i) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. 

Env-A 612.06 Significant Permit Modifications: Title V Operating Permits. 

(a) A change at a source subject to title V shall qualify as a significant permit modification if the 

change: 

(1) Is a title I modification; 

(2) Does not qualify as an administrative amendment or minor permit modification; 

(3) Is a removal or a relaxation of existing monitoring terms or conditions, or a substitution in 

those terms or conditions promulgated pursuant to: 

a. NSPS; 

b. NESHAP; or 

c. Env-A 808; 

( 4) Is a removal or relaxation of recordkeeping or reporting terms or conditions, or a substitution 

in a recordkeeping or reporting requirement promulgated pursuant to: 

a. NSPS; 

b. NESHAP; 

c. Env-A 800; 

d. Env-A 900; or 

e. Env-A 121 I; or 

(5) Seeks to establish or change permit terms or conditions, for which there is no corresponding 

underlying applicable requirement, that the source has assumed to avoid an applicable requirement 

to which it would otherwise be subject. 

(b) The terms and conditions referred to in (a)(S), above shall include: 

(I) A federally enforceable emissions cap assumed to avoid classification as a modification under 

any provision of title I; mid 

(2) An alternative emissions limit approved pursuant to regulations promulgated under section 

1!2(i)(5) of the Act. 

(c) Prior to implementing a significant permit modification, the owner or operator shall file a written 

request with the department for a significant permit modification which includes the 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 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 if the change occurs; 
Adopted to be effective 10-01-10 20 

(3) The owner or operator's suggested draft permit conditions; 

(4) Certification by a responsible official, consistent with the provisions ofEnv-A 605.04(b), that 

the proposed change meets the criteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be used; 

(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; and 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(d) Upon filing a request for significant modification with the department, the applicant shall forward 

a copy of the request, including those items listed in (c)(l) through (c)(4), above, to EPA. 

(e) An application for a significant modification to a title V operating permit shall be deemed 

complete by the department within 60 days of its filing, unless the department requests additional information 

or otherwise notifies the applicant of incompleteness. 

(f) The department shall take final action on a request for significant permit modification no later than 

9 months after the filing of a complete application provided that: 

(I) 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 of the permit provide for compliance with all applicable requirements of title 

V of the Act and all applicable requirements of Env-A 300 ~ ~.; and 

( 4) The EPA has received a copy of the proposed permit and any notices required and has not 

objected to issuance of the significant permit modification within the time period specified in EnvA 609.13(b). 

(g) The owner or operator shall obtain an amended title V operating permit incorporating the 

significant permit modification prior to implementing such modification, except as provided in Env-A 

609.07(a)(3). 

Effective 10-1-2010, PART Env-A 616 reads as follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 616.01 Determination of Actual Emissions. The owner or operator of a stationary source, area 

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

705.02. 

Effective 10-1-2010, PART Env-A 617 reads as follows: 

PART Env-A 617 RESEARCH AND DEVELOPMENT OPERATIONS 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions of Env-A 603.0 I (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 of the following conditions are met: 

(a) The owner of an 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 
Adopted to be effective 10-01-10 21 

the definition of a research and development operation according to the requirements found in (c) through (e), 

below; 

(b) The owner of a new stationary source, area source, or device filed a written request with the 

department prior to the construction, installation, or operation of the 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 written 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; 

(c) The request to treat a stationary source, area source, or device as a research and development 

operation contains all of the following information: 

(I) A brief narrative description of the research and development operation and the stationary 

source(s), area source(s), or device(s) involved; 

(2) The date on which the research and development operation commenced or will commence 

operation; 

(3) An estimate of the total number of days that the stationary source, area source, or device has 

been and will be used as a research and development operation; 

(4) An estimate of the amount of emissions of each regulated pollutant and each toxic air 

pollutant to be emitted by the research and development operation in pounds per hour, pounds per 

day, and pounds per year; and 

(5) The name and title of the person at the facility directly responsible for supervising each 

research and development operation; 

(d) A written operating log is maintained at the stationary source., area ~ource, or device; and 

(e) The written operating Jog describes each research and development operation by providing the 

following information: 

(1) A brief narrative description of the research and development operation and the stationary 

sources, area sources, or devices involved; 

(2) The elate on which the research and development operation commenced or will commence 

operation; 

(3) The total number of days that an existing stationary source, area source, or device has been 

used as a research and development operation; 

(4) When finished, the date on which the research and development operation ended; 

(5) The amount of actual emissions of each regulated pollutant and each toxic air pollutant 

emitted by the research and development operation in pounds per hour, pounds per day, and 

pounds per year; and 

(6) The name and title of the person at the facility directly responsible for supervising the 

research and development operation. 

Env-A 617.02 Exception to Obtaining a Title V 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 of the following conditions are met: 

(a) The owner of an 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 
Adopted to be effective 10-01-10 22 

the definition of a research and development operation according to the requirements found in (c) through (q), 

below; 

(b) The owner of a new stationary source, area source, or device files a written request with the 

department prior to the construction, installation, or operation of the 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, or device meets the 

definition of a research and development operation according to the requirements found in (c) through (g), 

below; 

(c) The request to treat a stationary source, area source, or device as a research and development 

operation contains all of the following information: 

(I) A brief narrative description of the research and development operation and the stationary 

source(s), area source(s), or device(s) involved; 

(2) The date on which the research and development operation commenced or will commence; 

(3) An estimate of the total number of days that the stationary source, area source, or device will 

be used as a research and development operation; 

(4) An estimate of the amount of entissions of each regulated pollutant and each toxic air 

pollutant to be emitted by the research and development operation in pound per hour, pounds per 

day, and pounds per year; and 

(5) The name and title of the person at the facility directly responsible for supervising each 

research and development operation; 

(d) A written operaling log is maintained at the stationary source, urea source, or device; 

(e) The written operating log describes each research and development operation by providing the 

following information: 

(I) A brief narrative description of the research and development operation and the stationary 

source(s), area source(s), or device(s) involved; 

(2) The date on which the research and development operation commenced; 

(3) The total number of days that a stationary source, area source, or device was used as a 

research and development operation; 

(4) The date on which the research and development operation ended; 

(5) The amount of actual emissions of each regulated pollutant and each toxic air pollutant 

entitted by the research and development operation in pounds per hour, pounds per day, and 

pounds per year; and 

(6) The name and title of the person at the facility directly responsible for supervising the 

research and development operation; 

(f) In moderate, serious, or severe non-attainment areas, the total VOC entissions from the research 

and development operation are less than or equal to 3 pounds per hour, and the individual VOC entissions 

from the research and development operation are equal to or Jess than 15 pounds per day and equal to or Jess 

than 1,000 pounds per year; 

(g) In any area of the state, the total emissions of all hazardous air pollutants from the research and 

development operation are Jess than or equal to 3 pounds per hour and the individual emissions of any , 

hazardous air pollutant from the research and development operation is equal to or less than 15 pounds per day 

and equal to or less than I ,000 pounds per year; 
Adopted to be effective 10-01-10 23 

(h) In any area of the state, the total emissions of all toxic air pollutants from the research and 

development operation are less than or equal to 3 pounds per hour, and the individual emission of any toxic air 

pollutant from the research and development operation is equal to or less than 15 pounds per day and equal to 

or less than 1 ,000 pounds per year; 

(i) The research and development operation is not otherwise required to hold a title V operating 

permit by a NESHAP contained in 40 CFR 61; 

(j) The research and development operation is not otherwise required to hold a title V operating 

permit by a MACT standard for source categories contained in 40 CFR 63; 

(k) The research and development operation is not subject to the NSPS contained in 40 CFR 60; 

(I) The research and development operation is not subject to the rules governing PSD contained in 

Env-A 619; 

(m) The research and development operation is not subject to the rules governing non-attainment areas 

as contained in Env-A 618; 

(n) The department has not made a determination in accordance with 40 CFR 51, Appendix W, that 

the emissions from the research and development operation have a significant impact on air quality and that a 

title V operating permit is required to ensure that ambient air quality standards are achieved and maintained; 

(o) The research and development operation is not subject to any applicable requirement; 

(p) The research and development operation is included as an insignificant activity in any application 

for a title V operating permit; and 

(q) The emissions from any research and development operation are included in determining the 

applicability of a title V operating permit to any stationary source or area source. 

Effective 10-1-2010, Env-A 618.05 reads as follows: 

Env-A 618.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented in accordance with the following procedure: 

(a) A new or modified source shall submit documentation to the department identifying the following: 

(I) Offsetpollutant(s); 

(2) Actual annual and ozone season emissions estimates of each pollutant identified in(!), above, 

during normal operation of the new or modified source; 

(3) Offset donor source(s) and location(s); 

(4) Actual annual and ozone season emissions estimates of each pollutant identified in(!), above, 

for the offset donor source(s) identified in (3), above, during normal operation of the offset donor 

source, prior to the effective date of the offset(s); and 

(5) Actual annual and ozone season emissions estimates of each pollutant identified in(!), above, 

for the offset donor source(s) identified in (3), above, during normal operation of the new or 

modified source, that would occur after the effective date of the offset(s); 

(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 me.:1sures pertaining to 

the offset(s) for which the new or modified source is seeking approval; 

(c) The emissions reductions obtained from the offset donor source in accordance with (a) and (b), 
Adopted to be effective 10-01-10 24 

above, shall be: 

(1) Ensured by a federally enforceable permit or other federally enforceable document; and 

(2) In effect no later than the date on which the new or modified source commences operations; 

(d) Documentation required pursuant to the provisions of this section shall be filed as part of the 

permit application, as required under EtlV-A 600; and 

(e) The emission reduction credits shall conform to the provisions set forth in 40 CFR 51.165 as 

revised June 28, 1989. 

Effective 10-1-2010, Env-A 619.05 reads as follows: 

Env-A 619.05 Department Review. 

(a) Within 30 days of receipt of an application, the department shall notify the applicant as to the 

completeness of the application or any deficiency in the application or information submitted. 

(b) In the event of a deficiency in an application, the date of filing of the 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 of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.21(j)- (p). 

Effective 10-1-2010, Env-A 620.05 reads as follows: 

EtJV-A 620.05 Decisions. 

(a) Within 15 days after the close of the comment period specified pursuant to Env-A 620.02, in 

accordance with the provisions of Env-A 610.05(b)(3) and 610.06(b)(2), the department shall: 

(1) Establish the general state permit, and set forth in writing the findings that support the 

decision to establish the permit; 

(2) Deny the establishment of the general state permit and set forth in writing the findings that 

support the decision to deny the permit; or 

(3) Schedule a public hearing in accordance with the provisions of Env-A 620.04. 

(b) Subject to (d), below, within 15 days of the close of the record of the public hearing, the department 

shall issue a decision pursuant to either (a)( I) or (a)(2), above. 

(c) The department shall consider all written comments received during the public comment period 

provided pursuant to Env-A 620.02. 

(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 of receiving such information. 

Effective 10-1-2010, Env-A 621.07 reads as follows: 

Env-A 621.07 Public Access to Information. 

(a) If the applicant is not a municipality, the applicant shall file 2 copies of the permit application with 

the department. 
Adopted to be effective I 0-01-10 25 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

(c) If the applicant is not a municipality, the department shall deliver one copy of the permit 

application to the municipality in which the source is or will be located. 

(d) To the extent permitted by RSA 125-C:6, VII, and Env-A 103, the department shall make the 

following information available to the public for inspection: 

(!) All applications and other forms or information submitted by the applicant in support of a 

pennit app1ication; 

(2) All correspondence with regard to an application and any attachments thereto; 

(3) Written corm11ents received during the comment period provided in Env-A 621 .02(d)(5); and 

( 4) All temporary permits or permits to operate or other determinations of the department. 

(e) The department shall provide copies of the information listed above upon request. 

Effective 10-1-2010, Env-A 622.04 reads as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(I) A copy of the permit application or, upon agreement with EPA, a sUirunary thereof, unless the 

applicant has filed a copy of the permit application with EPA pursuant to Env-A 609.06(d); 

(2) A written statement regarding the legal and factual basis for all permit conditions contained in 

any draft title V operating permit, including references to the applicable statutory or regulatory 

provisions: 

(3) After the end of the public comment period specified in Env-A 622.02, a copy of the proposed 

title V operating permit; and 

(4) A copy of the final title V operating permit, if issued. 

(b) Pursuant to 40 CFR 70.8(c), the EPA shall have 45 days from the elate of receipt of a proposed title 

V operating permit to object, in writing, to the issuance of the proposed permit if EPA determines the 

proposed permit is not in compliance with applicable requirements of the title V operating permit program or 

the rules promulgated thereunder. · 

Effective 10-1-2010, Env-A 622.06 reads as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall file 2 

copies of the permit application with the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall file one copy of the permit application with 

the department and shall make another copy available to the public for review. 

(c) If the applicant is not a municipality, the department shall deliver one copy of the permit 

application to the municipality in which the source is or will be located. 

(d) To the extent permitted by RSA 125-C:6, VII, and Env-A 103, the department shall make available 

for public inspection and provide copies upon request of the following: 
Adopted to be effective 10-01-10 26 

(1) All applications and other forms of information submitted in suppmt of a permit application, 

including the compliance plan and the compliance certification and monitoring reports, if 

applicable; 

(2) All correspondence with regard to an application and any attachments thereto; 

(3) Written comments received during the comment period held pursuant to Env-A 622.02; 

(4) The draft title V operating permit; and 

(5) A written statement regarding the legal and factual basis for all permit conditions contained in 

any draft title V operating permit, including references to the applicable statutory or regulatory 

provisions. 

Effective 10-1-2010, Env-A 624.03 reads as follows: 

Env-A 624.03 Permit Application Required. 

(a) As specified in RSA 125-C: 10-b, II, the construction, installation, operation, or material 

modification of any source subject to this part shall be prohibited unless a permit is first obtained from the 

department. 

(b) Prior to initiating construction, installation, or operation, the owner or operator of a source that is 

subject to RSA 125-C:IO-b shall obtain a temporary permit from the department that establishes emission 

limitations for such source based on BACT for controlling the emissions of mercury, dioxin, or particulate 

matter, including lead, from such source in accordance with Env-A 624.06. 

(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 thereof in accordance with Env-A 609 or Env-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) State or Federal Statute I Federal Regulation Implemented 

Env-A 603.01 RSA 125-C: II; 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:l2, I; 42 U.S.C.§766!b(b) & (c); 40 CFR §70.6(d). 

Env-A 606.02(b); Env-A 606.03 RSA 125-C:ll, II & IV; RSA 125-!: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, !(a) 

Env-A 607.06 RSA 125-C: 12, I 

Env-A 607.08 RSA 125-C:ll, II; RSA 125-C:13; 40 CFR §52.2l(r)(2) 

Env-A 607.10 RSA !25-C:ll 

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:!2, I 

Env-A 608.08 RSA 125-C: II, III; RSA 125-C: 13 
Adopted to be effective 10-01-10 27 

Env-A 608.1 O(a) RSA 125-C: 12, 1 

Env-A 608.!0(b) RSA 125-C: 12, IV 

Env-A 608.12 RSA 125-C: 11 

Env-A 609.06 RSA 125-C:12, I;; 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:ll, 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, 1-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) 

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,l&III 

Env-A 610.13 

Env-A 610.14; Env-A 610.16 RSA 125-C:6, XIV; RSA 125-C:l1, 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:!1, I; RSA 125-C:12, I 

Env-A 612.05 RSA 125-C:11, I-a; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(e)(2) 

Env-A 612.06(c), (e), & (f) RSA 125-C:11, 1-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 intra, (a), & (b) RSA 125-C:11, I 

Env-A 617.02 intra, (a), & (b) RSA 125-C:ll, 1-a; 42 U.S.C. §7661(2); 42 U.S.C. §7661a(a) 

Env-A 618.05 intra, (b), & (d) RSA 125-C:II, IV; 42 U.S.C. §§7503(c) & 7511a(c)(l0); 

40 CFR §51.165(a)(3) 

Env-A 619.05 RSA 125-C:4, l(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) 

Env-A 624.03(c) RSA 125-C:4, I( a); RSA 125-C:IO-b, I( a) 
Adopted to be effective 10-01-10 

' 'ective 10-1-2010, Env-A 702.04 reads as follows: 

rw-A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, a· a 

source, ·device that applies for a permit-by-notification pursuant to Env-A 603.02 shall subn1 to the 

departmen a fee of $1,000 with the permit application. 

Effective 10·1' 010, Env-A 705.02 reads as follows: 

Determination of Actual Emissions for Use in Calculatin 

)([ The owner r operator of a stationary source, area source, or device equired to pay an 

emission-based fee shall !ermine actual annual emissions by using the met! d from the following list that 

uses the most accurate avai ble data: 

)Q Emissions da from a certified gaseous CEM systen meeting the requirements of Env-A 

808, which includes s bstitute data in accordance with v-A 808.13 for each period for which 

the CEM system did no ollect valid data; 

~ Emission factors base on ernissions data fr n the most recently conducted compliance 

method stack test observed an approved by th epartment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjunction 'th the oper mg conditions specified in the permit for the 

device issued pursuant to Env-A 6 

)§:[ Emissions calculated from a ma balance of the process, in conjunction with the 

operating conditions specified in the en · for the device issued pursuant to Env-A 600; 

W: Emission factors based 01 lternate em1 sions data guaranteed by the manufacturer of the 

device, certified by EPA as ac urate for the devr e, or collected during a stack test of an 

identical device that was n observed by the depa ment, that meets all other acceptance 

criteria specified in (2), ave, in conjunction with t operating conditions specified in the 

permit for the device i uecl pursuant to Env-A 600; 

~ AP-42, Fift clition, "Compilation of Air Pollutant 1ission Factors, Volume I: 

Stationary Point nd Area Sources", published in 1995 by the PA, as supplemented from 

1996-2000 a ti updated from 2001-2009, in conjunction with e operating conditions 

specified i e permit for the device issued pursuant to Env-A 6 1\ or 

gineering calculations that are representative of the actual e~ sions generated, in 

conj ction with the operating conditions specified in the permit for the evice issued pursuant 

to IlV-A 600. 

W f the emissions calculated pursuant to (a), above, are determined to be less th, one ton per 

year, th the owner or operator shall calculate the emission-based fee using an emission-bas d multiplier 

of on on per year. 

l)l{ A description of the method used for calculating actual emissions shall be submitted to e 

epartment with each fee payment. 

Effective 10-1-2010, Env-A 903.01 reads as follows: 

Env-A 903.01 Applicability. 

(a) This part shall apply to any stationary source, area source, or device subject to Env-A 600, 

including insignificant activities as specified in Env-A 609.04, except as provided in (b), below. 

(b) The owner or operator of any of the following sources or devices shall not be required to 

comply with the requirements of this par1 with respect to that device: 
Adopted to be effective 10-01-10 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. 

Effective 10-1-2010, Env-A 907.01 reads as follows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any 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 or before April IS of the year following the calendar year covered by 

the report. 

(b) The annual emissions report required by (a), above, shall include the following information: 

(1) The actual emissions of the stationary source, area source, or device and the methods used 

in calculating such emissions in accordance with Env-A 705.02; 

(2) For process operations, all information in accordance with Env-A 903.02; 

(3) For combustion devices, all information in accordance with Env-A 903.03; 

(4) The actual annual emissions, speciated by individual regulated air pollutants, including a 

breakdown of VOC emissions by compound; and 

(5) The actual annual emissions of each regulated toxic air pollutant, reported by CAS 

number. 

Ef tive 10-1-2010, Env-A 1703.01 reads as follows: 

1703.01 Form ARD-1 General Information Re uired of All Permit A 

~ An a licant for any type of permit other than a general permit or pem · -by-notification shall 

complete a form A , "General Information for all Permit Applications". 

supply to the department on a form ARD- 1e following information: 

W, The name, busin address, and telephone numb of the facility; 

~ The name(s), title(s), bt ·ness address(es), ctronic mail address(es), and telephone 

number(s) of contact person(s) fo 1e facility 10 may be contacted regarding general, 

technical, legal, and invoicing issues; 

~ The physical address of the fac· · y, in 

map; 

t>'( The legal name, busin 1mber of tbe owner of the facility; 

~ The legal name, siness address, and telephone numli ·of any parent corporation of the 

owner of the facilit and the name, title, business address, and te hone number of a contact 

for that parent c oration; 

~ The 1 me, business address, and telephone number of the person or· 1 

form; 

Descriptions of the source, device, product(s), and process(es) according to its s 

· 1dustrial classification (SIC) code, as specified in the SIC Manual, 1987, including any c 
Adopted to be effective I 0-01-10 3 

·ociated with alternative operating scenarios specified under Env-A 1709.01 (g); 

'(:ll(( listing of all other sources or devices located at the facility which are ·mittec! 

pursuan o Env-A 600, including permit number and expiration date; 

)!Q A c!esc · tion and characterization of the total facility emissions · ncluc!ing the following: 

X The type f emissions; 

)I<( The potentia 

"jZ The potential tons per ar; and 

X The actual tons per year; an 

~ Support data, including the follow 

X A copy of all calculations ·eel in de mining emissions; 

~ A site plan to scale o 1e facility showin 

X. The location of all emission points; 

)/;._ The dir nsions of all buildings, including roof ights; and 

>?. T facility's property boundary; and 

~ copy of the USGS map, properly identified, which shows 1e facility's location. 

~ An plicant shall supply to the department a statement made by a respon · le official of the 

owner or op tor of the applying facility, which certifies the truth and accuracy of the in ·mation 

provided · the permit application, and which includes the responsible official's signature, th esponsible 

offici -title, and the date on which the statement was signed. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented Federal Slatute(s) Implemented 

. ' ' ' ' 

" -

Env-A 903.01 (b) RSA 125-C:6, XI 

Env-A 907.0l(a) RSA J 25-C:6, XI CAA Sec. 182 

- - ' 
Adopted to be effective 10-01-1 0 

Effective 10-1-2010, CHAPTER Env-A 2800 reads as follows: 

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL 

PROCESSJNG PLANTS; CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA 125-C:4, I 

PART Env-A 2801 PURPOSE AND APPLICABILITY 

Env-A 2801.01 Purpose. The purpose of this 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) Pennit by notification requirements for non-metallic mineral processing plants. 

Env-A 2801.02 Applicability. This chapter shall apply to aey: 

(a) Sand and gravel source; 

(b) Non-metallic mineral processing plant; and 

(c) Cement, ready mix concrete, or cement block source. 

PART Env-A 2802 DEFINITIONS 

Env-A 2802.0 I "Affected equipment" means each crusher, grinding mill, screening operation, bucket 

elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an 

affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size 

of nonmetallic minerals embedded in recycled asphalt pavement. 

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 of 25 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 or pumice plant with a capacity of 10 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment 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, or blend the processed materiaL 

Env-A 2802.04 "Sand and gravel source" means any source at which drying, mixing, conveying, 

sizing, or blending of rock, 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 riot include any 

equipment or activities related to grinding or crushing. 

Env-A 2802.05 "Successful compliance test" means a completed test that is performed for the 

purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the 

requirement(s) for which the test is conducted. 
Adopted to be effective I 0-01-10 2 

PART Env-A 2803 REQUIREMENTS FOR NON-METALLIC MINERAL PROCESSING PLANTS 

Env-A 2803.01 Visible Emission and Particulate Matter Standards for Non-metallic Mineral Processing 

Plants. 

(a) A non-metallic mineral processing plant that is an affected facility shall comply with the visible 

emission and particulate matter standards specified in 40 CFR 60, subpart 000, regardless of when 

construction, modification, or reconstruction of the plant commenced, provided, however, that the 

differentiation in subpart 000 between affected 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) The owner or operator of a non-metallic mineral processing plant that is not an affected facility 

shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an 

average of 20 percent opacity, determined in accordance with Env-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 of an 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 of this 

chapter if the affected facility: 

(I) Is in existence on the 2010 effective date of this chapter; and 

(2) Has never had a successful compliance test prior to that elate. 

(b) If an affected facility does not operate during the year following the 2010 effective date of this 

chapter or if specific affected equipment is 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 of achieving 

the maximum production rate at which the affected facility or affected equipment will be operated or 180 

days after starL11p, whichever is sooner. 

(c) In addition to the compliance test required by (a) or (b), above, the owner or operator of an 

affected facility shall conduct a successful compliance test: 

(1) Within 60 days after changing the method of dust suppression used at the affected facility; 

(2) Within 60 days after achieving the maximum production rate at which the affected 

equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or 

operator replaces a piece of affected equipment; or 

(3) If the test is otherwise required by 40 CFR 60 subpart 000. 

(d) The owner or operator of an affected facility shall not be required to conduct a compliance test 

solely because the location of the affected facility bas changed. 

Env-A 2803.03 Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants. The 

owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is equipped 

with a fugitive emission control system that is operated and maintained to control the emission of particulate 

matter. 
Adopted to be effective 10-01-10 3 

PART Env-A 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, 

AND CEMENT BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period. 

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

PART Env-A 2805 FUGITIVE DUST CONTROL FOR ALL SOURCES 

Env-A 2805.01 Fugitive Dust 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 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 

dust from stockpiling by using fugitive dust cmitrol methods such as wet suppression, windbreaks, 

enclosures, or soil stabilization. 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Env-A 2806.01 Permit-By-Notification Reguired. Prior to 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. 

Env-A 2806.02 Permit-By-Notification Procedures. 

(a) To obtain a permit-by-notification, the owner or operator of a 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) The department 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) The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, 

Env-A 2805, and Env-A 2806. 

(c) Within 10 days after initial startup of an affected facility, the owner or operator shall notify the 

department by fax, email, or postal mail of the actual date of startup. 

Env-A 2806.03 Notification of Changes Required. 

(a) Within 10 clays after a permit-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: 

(I) The unique facility identification assigned by the department in the initial permit-bynotification; 
Adopted to be effccti ve I 0-0 1-1 0 4 

(2) The physical location from which the facility was moved; and 

(3) The physical location to which the facility was moved. 

(b) Within I 0 days after the replacement of any affected equipment, the owner or operator shali file a 

notification with the depattment that contains: 

(1) The information specified in 40 CFR 60.676(a)(l), (2), (3), and (4), as applicable; and 

(2) The date on which testing of the 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. 

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, or both, the owner or operator uses to identify the plant; 

(c) The physical location of the plant, including street address and municipality; 

(d) Any previous permit number; 

(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per year; 

(f) A list of all affected equipment at the plant, not including any energy-generating devices; 

(g) For each listed piece of equipment, 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, if available; 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or 

enclosed truck or railcar loading station in tons per hour; 

(4) The total surface area of the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

(7) The date of: 

a. Initial construction or installation in New Hampshire; 

b. The most recent modification, if applicable; 

c. The most recent 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 brief explanation of the methods that will be used to control emissions and fugitive dust. 
Adopted to be effective 10-01-10 5 

Env-A 2806.05 Signature and Certification. 

(a) The owner or operator of the non-metallic mineral processing plant shall sign each application 

filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. 

(b) The signature of the 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 of the town or city in which the facility is 

located of its pending operation; and 

(4) All information filed is true, complete, and not misleading to the knowledge and belief of 

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 of a non-metallic mineral processing plant shall retain records for a 

minimum of 5 years on: 

(1) 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 of a non-metallic mineral processing plant shall file the results of any 

performance test concluctecl to determine compliance with the standards set forth in Env-A 2803, including 

40 CFR 60, subpart 000, within 60 clays of the test. 

APPENDIX 

Rule Scction(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, I( 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, I( 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 l25-C:6, II 

Env-A 2806 (also see specific section below) RSA 125-C: ll 

Env-A 2806.06 RSA 125-C: 12, IV 
EVIDENCE THAT NEW HAMPSHIRE FOLLOWED ALL 

PROCEDURAL REQUIREMENTS 

40 CFR Pmi 51, Appendix V, 2.1 (e) 
REQUEST FOR FISCAL IMPACT STATEMENT 
STATE OF NEW HAMPSHIRE 

~_;;/, ~ Junel0,2010 

FROM Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Request for Fiscal Impact Statement 

To Legislative Budget Assistant 

In accordance with NH RSA 541-A:S, enclosed please find a Request for Fiscal Impact 

Statement and a copy of the corresponding administrative rules for the following: 

Env-A 60t:' Revisions to Statewide Air Permit System 

~V<tfiOU.S. ~~~,; -t f'~r~ 

Please fax the Fiscal Impact Statement to Gretchen Hamel at 271-8805. 

If you have any questions, please contact Gretchen Hamel at 271-3137. 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

Karl!! McManus, ARD Planning and Rules Manager 
OFFICE OF LEGISLATIVE BUDGET ASSISTANT 

REQUEST FOR FISCAL IMPACT STATEMENT (FIS) 

FIS Number 

1. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Rule Number Env-A 600- various sections and paragraphs 

2. RSA Authority: 

3. Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

RSA 125-C:4, I(d)-(h) &(j) 

42 U.S.C. §7661a.(d) 

X 

X 

Readoption w/amendment X 

Interim rule 

5. Have the rules expired? Yes 0No [8] 

Date Expired: 

6. Short Title: Revisions to Statewide Air Permit System 

7. Contact Person: 

Name: 

Address: 

Gretchen Hamel 

Depmtment of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

(I) Summarize the rule. 

Title: 

Phone#: 

Fax#: 

Administrator, Legal Unit 

271-3137 

271-8805 

The existing rules, Env-A 600, establish a permit system for the construction, operation, and modification of new 

and existing stationary sources, area sources, and devices in order to achieve and maintain the ambient air quality 

standards in Env-A 300 (established pursuant to RSA 125-C:4, I(b)) and the ambient air limits for regulated toxic 

air pollutants in Env-A 1400 (established pursuant to RSA 125-1:6). The amendments proposed to these rules are 

intended to (1) establish a permit-by-notification (PBN) system for non-metallic mineral processing plants in lieu 

of the current general state permit (GSP); (2) clarifY that documents and repmts must be filed with DES (i.e., be 

received, not just "submitted"); (3) clarify the applicability requirements for combustion devices; ( 4) clarify the 

information that must be submitted with an application for a temporary permit, a state permit to operate (SPO), or a 

Title V permit, including that sources which operate air pollution control equipment must comply with Env-A 

810.01 by including an operation and monitoring plan for that equipment with their application; (5) require 

applications for Minor Modifications of Title V Operating Permits to be filed with DES at least 90 days prior to 

expiration of the Temporary Permit; and (6) merge the substance of the section that describes how actual emissions 

should be calculated (616.0 1) into Env-A 705.02, and replace the text of 616.01 with a cross-reference to 705.02. 

(2) Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, 

then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that is 

instigating this rule. 

RSA 125-C: II prohibits the "construction, installation, operation, or material modification" of a source of air 

pollution unless a permit is obtained in advance from the Depmtment. RSA 125-C: 12 requires applications for 

such permits to "be upon such forms, and ... include such information, as the commissioner requires under rules 

adopted pursuant to RSA 541-A ... " The rules adopted to implement this authority do not require the submission of 

more information than the Depmtment needs to make a decision to grant or deny a permit application. The costs of 

obtaining a permit are thus attributable to the statute. 

The rules are being adopted pursuant to RSA 125-C:4, I( d)-(h) & Ul to implement the permitting requirements of 

RSA 125-C. 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS)- Page 2 

(3) Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule. 

The proposed rules are expected to result in lower costs to owners of non-metallic mineral processing plants who 

opt to obtain a PBN in lieu of a GSP or state permit to operate (SPO). The application fee for a temporary permit 

is $2,000 for a new source, annual emission-based fees range from $130 to $700 per year, and the owner must 

maintain records and file annual reports. The application fee for a PBN is $1,000, there are no emission-based 

fees, and the reporting and recordkeeping requirements are minimal. Some of these cost savings could be offset by 

costs of testing equipment not previously required to be tested, but the Depatiment presumes that the PBN option 

will not be pursued unless thet·e is a net benefit. 

Other than the differences for the l'BN, there is no difference in costs between the proposed rules and the existing 

rules. 

(4) Describe the costs and benefits to the state general fund which would result ji·om this rule. 

The proposed rule is not expected to have any effect on the state general fund. The same staff who currently 

implement the program will continue to do so, and in any event are not paid from the General Fund. 

(5) Explain and cite the federal mandate for the proposed rule, if there is such a mandate. How would the mandate 

affect state funds? 

There is no federal mandate for the proposed amendments, since they primarily are for clarification of application 

requirements and the introduction of a PBN option for non-metallic mineral processing plants. 

(6) Describe the cost and benefits to any state special fund which would result. 

Fees and other funds collected under RSA 125-C are deposited to the Air Resources Fund established in RSA 125-

C:l2, IV. To the extent that owners of non-metallic mineral processing plants opt to obtain a PBN in lieu of a 

general state permit or state permit to operate, fee revenue will decrease. Currently, 19 sources that fall within the 

scope of the proposed PEN hold a general state permit and 28 hold a state permit to operate, and the Department 

estimates that approximately 100 sources tl1at meet the permitting requirements do not have permits. If all of the 

facilities currently holding a GSP opted for a PBN, the Depmtment would lose approximately $19,000 in permit 

application fees ($1,000 X 19 facilities). However, if only 20% of the facilities that are not currently permitted 

comply with the (simpler) PBN requirements, an additional $20,000 will be collected. On balance, the net costs to 

the Air Resources Fund as a result of the combined amendments (those proposed here as well as those proposed in 

tl1e amendments to Env-A 700-900-1700 and Env-A 2800) are expected to be negligible, while the net benefits are 

not expected to exceed $50,000. 

(7) Describe the costs and benefits to the political subdivisions of the state. 

Currently, no political subdivision owns a non-metallic mineral processing plant. Any political subdivision that 

chooses to own a non-metallic mineral processing plant would benefit if it chose to obtain a PEN in lieu of a GSP 

or SPO (see #3, above). Otherwise, the proposed amendments are not expected to result in any direct costs or 

benefits to political subdivisions. 

Municipalities in which a non-metallic mineral processing plant is/will be located will benefit because such plants 

will be required to notify the town or city in which the facility is loc,1ted or to which it will be moved. 

(8) Describe the costs and benefits to the citizens of the state. 

The pmposed rules are not expected to result in any direct costs or financial benefits to citizens of the state in 

general. Citizens may benefit from improved air quality, because all rock crushing plants, regardless of age, will 

now be required to comply with new source performance standards in Subpart 000. Any citizen who owns or 

operates a non-metallic mineral processing plant will benefit if s/he chooses to obtain a PBN in lieu ofa GSP or 

SPO (see #3, above). Otherwise, the proposed amendments are not expected to result in any direct costs or 

benefits to citizens of the state. 
REQUEST FOR FISCAL IMPACT STATEMENT (:FIS)- Page 3 

(9) Describe the costs and benefits to any independently owned business, including a description of the specific 

reporting and rec01·dkeeping requirements upon those employing fewer thanlO employees. 

Any independently owned business that owns or operates a non-metallic mineral processing plant will benefit if it 

chooses to obtain a PBN in lieu of a GSP or SPO (see #3, above). Otherwise, the proposed amendments are not 

expected to result in any direct costs or benefits to independently owned businesses. 

The rules do not contain any reporting or recordkeeping requirements. 
Added text in bold italics 

Deleted text struek through 

Initial Proposal 06-07-10 

Readopt with amendments Env-A 603.01, ejf. 7-28-04 (doc. #8129), to read as follows: 

Env-A 603.01 Permit Required. 

(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 a temporary permit in 

accordance with the provisions of this chapter, without having applied for and been issued a temporary permit. 

(b) No person shall cause or allow the operation of an existing stationary source, area source, or device 

as specified in Env-A 608.0!, which is required to hold a state permit to operate in accordance with the 

provisions of this 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 of this 

chapter, without having applied for and been issued a title V operating permit. 

(d) Excluding major sources and synthetic minor sources, a stationary source, area source, or 

device as specified in Env-A 603.02(a) may be installed or operated pursuant to a permit-by-notification 

and will be exempt from any other permitting requirement in this chapter if it meets the requirements of 

Ellv-A 603.02(b). 

Adopt Env-A 603.02 to read as follows: 

Env-A 603.02 Permit-by-Notification. 

(a) A non-metallic mineral processing plant as defined in Env-A 2802.03 shall be eligible to be 

installed or operated parsaa/lt to a permit-by-notification. 

(h) To install or operate a non-metallic mineral proces.~ing plant punmant to a permit-bynotification, the owner or operator shall comply with Env-A 2806. 

Readopt with amendments Env-A 605.03 and Env-A 605.04, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 605.03 Proof of Legal Authority. Where the applicant is not the legal owner of the source or device 

that is the subject of the application, a copy of the agency agreement authorizing the applicant to act on behalf of 

the owner for purposes of the application shall be sHbmi'ctedfiled as part of the application for a permit. 

Env-A 605.04 Certification of the Responsible Official. 

(a) An application form, report, or compliance certification ffili>mitted to filed with the department 

pursuant to this chapter shall contain a written statement certifying the truth, accuracy, and completeness of 

the document and shall be signed by the responsible official. Unless otherwise specified, this certification 

shall state that, to the best of the responsible official's knowledge and belief formed after reasonable inquiry, 

the statements and information in the document are true! accurate, and complete. 

(b) Within 30 days of any change in the identity of the responsible official, the applicant, or the owner 

or operator, the owner or operator shall sHbmit tofile 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 !703.01(c). 

Amend Env-A 606.02(b), eff. 4-26-03 (doc. #7879), cited and to read as follows: 

Env-A 606.02 Applicability. 

(b) An owner or operator of one of the following stationary sources, area sources, or devices shall be 

exempt from the requirement to perform an air pollution dispersion modeling impact analysis: 

(1) A1i emergency generator subject to Env-A 1211.11, where the hours of operation are limited 
Added text ii1 bold italics 

Deleted text struck throogh 

to 500 hours per year or less by an enforceable permit condition; 

Initial Proposal 06-07-10 2 

(2) An emergency generator exempt from Env-A 1211.11 pursuant to Env-A 1211.01UJ; or 

(3) Ree!HIOO-stone crushing egaipment A non-metallic mineral processing plant equipped with 

dust suppression controls operated to prevent, abate, and control the emission of fugitive dust. 

Readopt with amendments Env-A 606.03, ejf 4-26-03 (doc. #7879), to read as follows: 

Env-A 606.03 Responsibility for tl1e--Conducting ef.-t.fle--Air Pollution Dispersion 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 SHbmiHe-file with the department us part of the permit 

application one of the following information: 

(a) A request that the department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Amend Env-A 607.01, eff. 4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended 4-22-09 (doc. 

#9462), by revising Env-A 607.01 intra, (a} through (d), and (x), to read as follows: 

Env-A 607.01 Specific Applicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device specified belov>' shall obtain a temporary permit in accordance with the 

provisions of this chapter prior to the construction or installation of the source or device if the source or 

device is any of the following: 

(a) An external combustion device using naturnl gas, with a desi,;n gross heat input greater than or 

equal to 10,000,000 British thermal units (BTUs) per hour that combusts: 

(1) Gaseous fuel, as defined in EllV-A 1211.02(s); 

(2) Lliquefied petroleum gas;; 

(3) Distillnte weight liquidfue~ including but not limited to #2 fuel oil; or diesel fuel oil;; or 

(4) Aany combination ti1ereef;-of(1) through (3}, above; with a design ratiHg greater than or 

equal to 10,000,000 British thermalunits--fBTUs) per hoor of gross heat inpot; 

(b) An external combustion device B-SiHg with a design gross heat input greater than or equal to 

4,000,000 BTUs per hour that combusts #4 fuel oil; '.Viti! a design ratiHg greater thaH or egaal to 4,0GO,GOO 

BTUs pBF-hoor of gross heat--ffi13Btt 

(c) An external combustion device using coal, wood, with a design gross heat input greater than or 

equal to 2,000,000 BTUs per hour that comlmsts: 

(1) Solidfuel; 

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil;; 

(3) U~tsecl oil as defined in Env-A 101.209,; or 

(4) A any combination thereef;- of (1) through (3}, above; with a design rat-in-g-gf8f\tef-thmr-er 

equal to 2,0QO,OOO BTUs perheur of gross heat inpot; 

(d) One or more internal combustion eRgines, ollcludiflg-any unit with a design rating less than or 

eql±fll...t~OQ-13.+U.si'erheur of gross heat-inprn,-devices at a source whiclt-either-where: 

(I) Each device cGombusts liquid fuel oil and has a design gross heat input greater than 

150,000 BTUs per hour, for which and the combined total design gross heat input for all such 
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Initial Proposal 06-07-10 3 

eagit\es-</evices is greater than or equal lo I ,500,000 BTUs per hour; or 

(2) Each device cGombusts ootural gas gaseous or liquefied propane gas fuel and has a design 

gross heat input greater than 1,500,000 BTUs per how; fer-wHielt-and the combined total design 

gross heat input of all such e+>git>e,;-devices is greater than or equal to 10,000,000 BTUs per hour; 

er 

(3) Has the potential to emil any single regulated air pe+!utaat ia aa ameuat greater than 25 teas 

per year; 

{no change to paragraphs (e) through (w)) 

(x) A stationary source or device subject to the rules governing reasonably available control technology 

(RACT) as contained in: 

(1) Env-A 1204 or successor rules in Env-A 1300, for NOx emissions; or 

(2) Env-A 1200for VOC emissions, except for any source whose solvent metal cleaning 

operations have combined actual emissions of less tban 5 tons of VOCs per year; 

{no change to paragraphs (y) through (ad)) 

Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879 ), to read as follows: 

Env-A 607.02 Timelv Application. 

(a) For an initial temporary permit, an application shall be considered timely if it is reeeived byfiled 

with the department prior to the construction or installation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application shall be considered timely if it is reeeived 

by-filed with the department at least YO days prior to the designated expiration date of the temporary permit. 

Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read as follows: 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a temporary 

permit shall include the following: 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) Any additional information requested by the department in order fof-the d8jlartment te deem the 

applieatien eomplete; 

(eb) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(fie) For a major source, all information specified in Env-A 1709; 

(ed) For a major source of hazardous air pollutants subject to 112(g) of the Act, all information required 

pursuant to 40 CFR 63.43(e); 

(f.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; fHlfl 

(gf) For a source subject to RSA 125-C: 10-b, the information required pursuant to Env-A 624,; 

(g) Proof of source 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 management plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810.01, a description of the 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. 
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Initial Proposal 06-07-10 4 

Readopt with amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.06 Application Deficiencies. 

(a) Any applicant who fails to swmil-file any relevant or required information or who has ffi!bmitleE! 

filed incorrect information in an application for a temporary permit shall, upon becoming aware or being 

notified by the department of such failme or incon·ect submittal filing, St!Bmit-file in writing te-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, if the department requests 

additional information in order to evaluate or take final action on that application, the information shall be 

submitted filed in writing within 30 days of receipt of such a request. 

Readopt with amendments Env-A 607.08, ejf. 4-26-03 (doc. #7879), as amended ejf. 7-28-04 (doc. #8129), 

cited and to read as follows: 

Env-A 607.08 Permit Expiration. 

(a) The expiration elate of each temporary permit shall be 18 months after the date of its issuance. 

(b) The temporary permit shall be in effect until the designated expiration date, unless revoked or 

suspended at an earlier elate by the department pmsuant to RSA 125-C: 13. 

(<!c) Unless reissued in accordance with Env-A 607.09, a temporary permit shall expire on the 

expiration date listed on the temporary permit. 

(ed) Except as provided in (e), below, +the expiration of a 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 constmction and demonstrated compliance through 

testing, if applicable, and for which HH-ki;.s a timely and complete application for a state permit to operate, 

title V operating permit, or an amendment thereto, has been reoeived by filed with the department, 4Joo--tfie 

submittal of a timely auc! oomplete applioatiou for any of the foregoing permits, the right to wRSlfltel-operate 

shall continue; under the terms and conditions of the expired temporary permit, pending the department's 

decision on the application. 

Readopt with amendments Env-A 607.10, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 607.10 Application Shield: Temporary Permits. 

(a) If an applicant St!Bmit&-files a timely application; that bas been deemed complete by the department 

for the reissuance of a temporary permit or the issuance of an initial state pennit to operate, the failure to have 

a current and valid temporary permit shall not be considered a violation of RSA 125-C: 11, I or Env-A 607.0 I 

unless and until the department takes-Rn-ahle~&-flJ':l'lieatioll-By--cleuying denies the requested 

reissuance oHt-temjJeffiry-jlOffilit-oHss!ffifloe ef n statG-j3efmiHo-opefllte-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 appeaL! have been exhausted. 

(b) If the 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 ffil13mit 

file in writing such additional requested information by the deadline specified in the request. 
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Initial Proposal 06-07-10 5 

Readopt with amendments Env-A 608.01 through Env-A 608.03, ejJ 4-26-03 (doc. 117879), to read as follows: 

Env-A 608.0 I Specific Applicability. The owner or operator of any stationary source, area source, or 

device specified in Env-A 607.01 shall mal<e-file a timely application for, and obtain, a state permit to operate 

in accordance with the provisions of this chapter. 

Env-A 608.02 Timely Application. 

(a) For a 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 if it is reeeived by filed with the department at least 90 days prior to the designated expiration date of 

the temporary permit. 

(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 if it is reeeived by filed with the department at least 90 days prior to 

the designated expiration date of the current state permit 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 I 703 through Env-A 1708, as applicable; 

(b) Any additional information reqoested by tlle departmeHH!t-erder to deem the applieation eeffijllete; 

(eb) The fee(s) specified in Env-A 702 through Env-A 705, as applicable;-i!fid 

(ac) 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) Proof of 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 101.17, an air pollution 

control equipm.ent monitoring plan or catalyst management plan pursuant to Env-A 810.01; and 

(f) If a plan is not required pursuant to Env-A 810.01, a description of the 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 and Env-A 608.06, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.05 Acknowledgment and Completeness of Application. Pursuant to RSA 541-A:29, I, within 

60 days of receipt of an application.filed by an applicant, the department shall notify the applicant that said 

application is deemed complete, or shall request that the applicant subrnitfile information te with the 

department in accordance with Env-A 608.G3fbj06(a). 

Env-A 608.06 Application Deficiencies. 

(a) Any applicant who fails to submit-file any required information or who has submitted filed 

incorrect information in an application for a state permit to operate shall, upon becoming aware or being 

notified by the department of such failure or incorrect ffiffimittalcfiling, submit-file in writing te-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, if the department requests 

information in order to evaluate or take final action on that application, the department shall request such 

information be sHbmittedfiled in writing within 30 days of receipt of such a request. 
Added text in bold italics 

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Initial Proposal 06-07-10 

Readopt with amendments Env-A 608.08, eff 4-26-03 (doc. 117879), 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 of a state permit to operate shall terminate the right to operate under the permit 

unless a timely and complete renewal application has been sHbmil±eEI-ffi-filed with the department. 

(c) After the da:e of submi-IJ:ai-Bf-a timely and complete application for renewal is filed with the 

6 

department, the owner or operator may continue to operate under the terms and conditions of the expired state 

permit to operate until the department has taken final action on the renewal application. 

of: 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as 

(1) The date of the denial, if applicant does not appeal the denial within the time specified in 

RSA 125-C:J2, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 608.10, eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 608.10 Permit Renewal. 

(a) The owner or operator shall submit to file with the department an application for permit renewal at 

least 90 days prior to the designated expiration date of the existing state permit to operate. 

(b) In addition to the application for permit renewal, t'l11e owner or operator shall SH!Jmit-pay to the 

department any applicable fee as established in Env-A 700 with the application for permit renewal. 

Readopt with amendments Env-A 608.12, eff 4-26-03 (doc. #7879), to read CIS follows: 

Env-A 608.12 APQlication Shield: State Permits to Operate. 

(a) If an applicant !lli8mit&-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: 11,1, or Env-A 608.01, unless and until the department takes final action on the application by 

denying denies the requested permit and: 

(1) The applicant does not appeal the denial within the time specified in RSA 125-C:J2, III; or 

(2) 11w denial is affirmed after all available appeals have been exhausted. 

(b) If the department deems an application complete, but requests additional information pursuant to 

Env-A 608.06(b), the protection granted in (a), above ,shall cease to apply if the applicant fails to &~±&mit-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 as follows: 

Env-A 609.06 Application Procedures For Title V Operating Permits. 

(a) The owner or operator of any source or device required to obtain a title V operating permit 

pursuant to Env-A 609.01 shall SH!Jmit-file an application for such permit te-with the depmtment. 
Added text in bold italics 

Deleted text struek through 

(b) The application shall include the following: 

Initial Proposal 06-07-10 7 

( 1) Complete application forms provided by the department as described in Env-A 1703 through 

Env-A 1708; 

(2) All information specified in Env-A 1709; 

(3) Proof of source ownership or permissible use, as specified in Env-A 605.02; 

(M) The fee(s) specified in Env-A 702 through Etw-A 705, as applicable; ft!lfl 

(45) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 

606.02, the information required pursuant to Etw-A 606.03;, 

(6) For a source with air pollution control equipment as defined in Env-A 101.17, an air 

pollution control equipment nwnitoring plan or catalyst management plan pursuant to Env-A 

810.01; and 

(7) If a plan is not required pursuant to Env-A 810.01, a description of the 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. 

(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 operating permit with the department, the applicant shall 

forward a copy of the 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 if it is seemitted to 

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 the 

effeelive sate of this ehapter June 30, 1995 shall submit-file a title v operating permit application 

no later than 12 months after U•e souree l3eeomes becoming subject to the title V program; or 

commencing operation pursuant to a temporary perm.it; 

(2) Each major source required to meet the requirements of section 112(g) of the Act or to have a 

permit under the preconstruction review program approved as part of the New Hampshire SIP 

under parts CorD of title I of the Act, shall submit-file a permit application to obtain a title V 

operating permit or title V operating permit revision within 12 months of commencing operation; 

and 

(3) Any source that becomes subject to the provisions of section 112U) of the Act shall s$mit 

file a title V operating permit application in accordance with the provisions of section 112U) and 

40 CFR 63.50 through 63.56. 

(b) For the renewal of a title V operating permit, an application shall be considered timely if it is 

reeeived by filed with the department at least 6 months prior to the designated expiration date of the current 

title V operating permit. 

Env-A 609.08 Application Shield: Title V Operatinr: Permits. 

(a) If an applicant sal3mitsfiles a timely and complete application, for the issuance or renewal of a title 
Added text in bold italics 

Deleted text &truck tllroHgh 

Initial Proposal 06-07-10 8 

V operating permit, the failure to have a title V operating permit shall not be considered a violation of this part 

unless and until the department takes fiaal action oa tke applieatioa by denyiag denies the requested permit 

and: 

(I) The applicant does not appeal the denial within the time specified in RSA 125-C:J2, III; or 

(2) 11ze denial is affirmed after all available appeals have been exhausted. 

(b) The protection granted in (a), above, shall cease to apply if the applicant fails to &lffimi-t-file in 

writing any information requested by the department pursuant to Env-A 609.12, by the deadline specified. 

Readopt with amendments Env-A 609.12, eff. 4-26-03 (doc. 117879), to read as follows: 

Env-A 609.12 Application Deficiencies. 

(a) An applicant who fails to ~file any required information or who has wbmittedfiled incorrect 

information in any pennil application shall, upon being notified by the department or otherwise becoming 

aware of such failure or incorrect Btttmitt&l-filing, submitfile 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 of release of the draft permit, an applicant shall provide supplemental information 

to the department as necessary to address any applicabl~ requirements to which the source becomes subject 

after the elate the application has been deemed complete. 

(c) Pursuant to 40 CFR 70.5, if the department determines that additional information is necessary in 

order to evaluate ur lo take final action on that application while processing an application that has been 

previously deemed complete, the department shall request that such information be BtttlBitte€1-filed in writing, 

and specify the date by which it shall be ~filed. 

Readopt with amendments Env-A 609.15, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.15 Permit Expiration. 

(a) A title V operating permit 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 of a title V operating permit shall terminate the owner or operator's right to operate 

under the permit unless the owner or operator sHemitsfiles a timely and complete renewal application t&-with 

the department. 

(c) After the date of submittal of a timely and complete renewal application is filed with the 

department, the owner or operator may continue to operate under the terms and conditions of the expired title 

V operating permit until the department has taken final action on the renewal of the application. 

of: 

(d) If the department denies the renewal application, the owner or operator shall cease to operate as 

(I) The date of the denia~ if applicant does not appeal the denial within the time specified in 

RSA J25-C:12, III; or 

(2) The date the denial is affirmed after all available appeals have been exhausted. 

Readopt with amendments Env-A 609.18, eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 609.18 Criteria for Pennit Renewal. 
Added text in bold italics 

Deleted text s!RuoiHlweugf! 

Initial Proposal 06-07-10 9 

(a) The department shall determine permit conditions under which a title V operating permit shall be 

renewed based on: 

(I) All definitions and requirements of Env-A I 00 ~ iiffi· and the Act; and 

(2) The owner or operator's compliance status with the conditions of the existing permit, and all 

applicable requirements of Env-A 300 ~ !iffi. and the Act. 

(b) The department shall take final action on a permit renewal of a title V operating permit providiog 

lfla!-by issuing a permit renewal only if: 

(1) The owner or operator has submit:edfiled a timely and complete application for renewal with 

the department, iReludiag which includes: 

a. All fees specified in Env-A 702 through Env-A 705, as applicable; aad 

b. Proof of source ownership or permissible use, as specified in EllV-A 605.02; and 

be. Where air pollution dispersion mod~ling is required for a source or device pursuant to 

Env-A 606.02, the information required pursuant to Env-A 606.03; 

(2) The requirements for public participation 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, 

have been satisfied; 

(4) The conditions of the proposed title V operating permit provide for compliance with all 

requirements of Env-A 300 et seq. and the Act; and 

(5) The EPA has received a copy of the proposed title V operating permit and any notices 

required, and has not objected to the issuance of such 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 

read ctsfollows: 

Env-A 610.03 Definition~. For the purpose of this part, the· following definitions shall apply: 

(a) "Emergency generator" means "emergency generator" as defined in Env-A !Ol.t 

(8) "FiJleElJ3lant" means any aoa metallie miaeralj3roeessiag J31aat at whish the J3FOeessiag eqnij3ment, 

sHell as entsher, grinding mill, sereening operation, l:n±eket elevator, belt eonveyor, bagging operatioR, storage 

eia, eaeloseEl truek or railear loadiag statioa is attaehed by a sable, ehaia, tumbuekle, bolt, or other means, not 

iftcl.ttdiag eleetrieal eonneetions, to any anehor, slaB, or structure, irwlading bedrock; 

(e) "Non metallie nlin8fal"-&1eans aay of the followiag miaerals or any rniKture of whish tlle majoFity-is 

any of the following miaerals: 

(l) CrusheEl and broken stoae, iaeludiag limestoae, dolomite, graaite, trajHBek, saads:oae, quartz, 

quartzite, marl, marble, slate, shale, oil shale, an<l-sllellt 

(2) 8aaEl aad gravel; 

(3) Clay, iaeludiag kaolia, fireelay, beatoaite, fuller's earth, ball elay, aad eommoa-elayj 

(4) Reek salt; 

(5) GyJ3sum; 

(§) Sodium eomj3ounds, iaeludiag sodffi.m earboaate, sodium-ehloride, aad sodium sulfate; 

(7) Purniee; 

(8) Gilse&ite; 
Added text in bold italics 

Deleted text s!Rick througll 

(9) Tale and PJ'ffil>Hylliw, 

(10) lloro~>,~neludiog bomx, kemite, and eo!er~ 

(11) Barite; 

(12) FJuoffiSJ*JF, 

(13) Feldspar; 

~iiltemite; 

(15) Perlite; 

~ 

(Hi) Vermiculite; 

Initial Proposal 06-07-I 0 

(18) Kyanite, ineludffig-andalusite, sillimanite, topaz and dumoHiBH!e; 

10 

(d) "Non metallic mineral processiog plant" means any eombiHation of eqaipmeRt that is used to ent4 

or grind any noo metallie-miBeral. The term does not inelOOG-ffilergy generatiag devices used at tile plant; aBEl 

(e) "Portaele plant" means any lleJHBetallic mioeral preeessiog plaot that is mounted on a chassis or 

skiE!iHllld may be &ooved by the applieatioo of a lifting or pc;lliog force. The term does oot ioelude fixed plaots. 

Readopt with amendments Env-A 610.04, eft 7-28-04 (doc. #8129), to read as 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 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-month period +fie-fell ewing shall be a source categmy categories 

for a general state permits-;. 

(l) l.dl ir.ternal eombustion engine ttsed as an emergeney generator ~hat operates 1-10 more tflan 500 

hears per year during any coasecutive 12 month period; and 

(2) A noJHRetaltic minen:l processiog plaot with a desigc: throngbpat greater than or equal to the 

followiog: 

a. For a fiJCed plant, 25 tons per hour; or 

b. For a portable plant, 150 taos per h'*"" 

Readopt with amendments Env-A 610.05, eft 4-26-03 (doc. 117879), to read as follows: 

Env-A 610.05 Petitions to Establish Source Categories for General State Permits. 

(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: 

(I) A statement that the petition is for the establishment of a source category for a general state 

permit; 

(2) The title and description of the 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 of Env-A 608; 

b. More than one stationary source, area source, or device would be covered by the proposed 

source category; and 
Added text in bold italics 

Deleted text sffHBI< tllro>Jgl\ 

Initial Proposal 06-07-10 

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 of the receipt by the department of the petitionfUed by the petitioner, the 

II 

department shall notify the petitioner that the information is complete, or sllal+identify the information 

necessary to complete the petition and request that such information be submitted filed within 30 days of such 

request. 

Readopt with amendments Env-A 610.08 and Env-A 610.09, eff 7-28-04 (doc. 118129), to read as follows: 

Env-A 610.08 Procedures for l<.egistering to Operate Under a General State Permit. 

(a) Once a general state permit has been developed for a particular source category, the owner or 

operator of a stationary source, area source, or device seeking to operate under the general state permit shall 

subfflit-file a registration package as described in (b), below, tB-with the department. 

(b) The registration package shall contain the following: 

(I) 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) Proof of source ownership or permissible use, as specified in Env-A 605.02. 

Env-A 610.09 Department Review of Registration Package. 

(a) The department shall review each registration package for a general state permit to ensure complete 

and accurate information is suemittedfiled in accordance with Env-A 610.08. 

(b) For a soeree fur whish the registration paekage is fuund If the department finds the registration 

package to be complete and accurate in aeeofdt:nee with Env A 610.08, within 15 days of receipt by the 

department of the registration package filed by the source, the department, pursuant to RSA 125-C:1l and 

RSA !25-C: 13, shall issue either: 

(l) Isooe-a-A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) bwe-a-A letter of disapproval which sHall-specifically iclentifyies the reason(s) for disapproval. 

(c) For a souree for whieh the registratioa paekage is fotfflfl-1/ the department finds the registration 

package to be incomplete, inaccurate, or unclear io aeeerdaoee with Env f, 610.08, within 15 days of receipt 

by the department of the registration package filed by the source, the department shall issue either: 

(1) Isooe-a-A letter requesting supplementary facts or corrected information in accordance with 

(d), below; or 

(2) Isooe-a-A letter requesting clarification of the information submitted in accordance with (e), 

below. 

(d) An owner or operator who has suhmittedjiled a registration package in accordance with Env-A 

610.08 and who fails to S11bmit-file any required information or who has submitted filed incorrect information 

for a general state permit shall, upon becoming aware of or being notified by the department of such failure or 

incorrect submittal, submit in writing tojile with the department such supplementary facts or corrected 

information in writing no later than 30 days after the discovery or notification. 

(e) If the department requests clarification from the owner or operator of the information s-t:tB-mitted 
Added text in bold italics 

Deleted text struck throoglt 

Initial Proposal 06-07-10 

filed in accordance with Env-A 610.08, the owner or operator shall ~file the information in writing 

within 30 days of receipt of the request. 

12 

(f) For a source that receives a letter pursuant to (c), above, within 75 days of the department's receipt 

of the registration package filed by the source, the department, in accordance with RSA 125-C: II and RSA 

125-C: 13, shall issue either: 

(1) Isffi*Hl--A letter of approval to the source with a copy of the general permit(s) attached; or 

(2) Issue a A letter of disapproval which sl!all-specifically identifyies the reason(s) for 

disapproval. 

Readopt with amendments Env-A 610.13 and Env-A 610.14, efj 4-26-03 (doc. #7879), to read as follows: 

Env-A 610.13 Expiration Date And General State Permit Reestablishment Procedures. 

(a) Each general state permit shall be: 

(1) £established for a period of 5 years; and shall be 

(2) Rreestab!ished in accordance with the procedures for the reestablishment of a general state 

permit specified in Env-A 620. 

(b) The department shall notify each owner or operator of the outcome of the reestablishment process 

in writing. 

(c) If Lhe general state permit is not reestablished, the owner or operator of a source operating under an 

existing general state permit sha11 &l±bmi!-file an application with the department for a state permit to operate 

pursuant to Env-A 608 within 90 days of being notified by the department that the general state permit was not 

reestablished. 

(d) If the general state permit is reestablished, the owner or operator of a source operating under an 

existing general state permit shall submitfile 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 state permit. 

(e) If a general state permit expires prior to the department reestablishing the general state permit, the 

depmtment shall: 

(I) Extend the expiration date of the general state permit for a period of not more than one year; 

(2) Publish a public notice in a newspaper of general daily statewide circulation stating the 

extension of the expiration date of the general state permit; and 

(3) Notify each owner or operator operating under the general state permit regarding 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 source, area source, or device operating under a general state permit may 

choose to comply instead with a state permit to operate by: 

(a) &!bmittiflg-Filing an application in accordance with Env-A 608; and 

(b) Snbmitting Filing a written request te-with the department stating that the facility chooses to be 

covered under the state permit to operate program. 

Readopt with amendments Env-A 610.16, elf 4-26-03 (doc. 117879), to read as follows: 
Added text in bold italics 

Deleted text st'H!e!Hltm<tgh 

Initial Proposal 06-07-10 

Env-A 610. I 6 Application Procedures For General Permits Under Title V. 

13 

(a) The owner or operator of a source qualifying for a general permit shall file an application with the 

department for a general permit witli til&<lej'Hll'tll1snt 

(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, if applicable; 

(3) All additional information necessary to determine qualification for, and to ensure compliance 

with, the general permit; 

(4) Proof of source ownership or permissible use, as ;pecified in Env-A 605.02; 

(45) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; and 

(36) 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. 

Readopt with amendments Env-A 612.01, eff. 4-26-03 (doc. #7879), to read as follows: 

Etw-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 submittal ofjiling the request with the department. 

(b) The department shall take final action on a request for an administrative amendment within liO days 

ofreceipt by the department of £Hclt-a requestfiled pursuant to (a), above, and shall, in the case of title V 

operating permits, submit a copy of the revised permit to EPA. 

(c) Notice to the public or affected states of the changes incorporated into the permit shall not be 

required, provided that the department designates any such permit revisions 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 as follows: 

Env-A 612.03 Minor Pcnnit Amendments: Temporary Permits and State Permits to Operate. 

(a) The owner or operator of a source or device shall submit tofile with the department a request for a 

minor permit amendment for any proposed change to an existing permit condition which will not result in an 

increase in the amount of a specific air pollutant currently emitted by the source or device and will not result 

in the emission of any regulated air pollutant or regulated toxic air pollutant cun·ently not emitted by the 

source or device. 

(b) The request for a minor permit amendment shall: 

(I) Be in the form of a letter to the department; 

(2) Describe the proposed change; and 

(3) Describe any new appliea.e!&requirements that will apply if the change occurs. 

(c) The department shall take final action on a request for a minor permit amendment within 90 days 

of receipt of £Hclt-a request 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. 
Added text in bold italics 

Deleted text struck througl; 

Initial Proposal 06-07-10 

Env-A 612.04 Significant Permit Amendments: Temporary Permits and State Permits to Operate. 

14 

(a) The owner or operator shall SlffiRHt-file an application to the department for a significant permit 

amendment for any proposed change to the physical structure or operation of the source or device covered by 

the temporary permit or state permit to operate which increases the amount of a specific air pollutant currently 

emitted by such source or device or which results in the emission of any regulated air pollutant 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: 

(1) A complete application form, as described in Env-A 1703 through Env-A 1708, as applicable 

and provided by the department, containing all pertinent information with regard to the amendment 

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; 

(3) A description of: 

a. The proposed change; 

b. The emissions resulting from the change; and 

c. Any new i!jlj3Heal7le-requirements that will apply if the 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 a request for a significant permit amendinent within 90 

days of receipt by the department of soolra 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 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 a minor 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 temporary permit, an application for a minor 

permit modification shall be considered timely if it is filed with the department at least 90 days prior to the 

designated expiration date of the temporary permit. 

(ec) The request for a minor permit modification shall include the following: 

(1) 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 afll*iea17le-requirements that will apply if the change occurs; 
Added text in bold italics 

Deleted text 5!R!~ 

Initial Proposal 06-07-10 15 

(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 of Env-A 605.04(b), that 

the proposed change meets the criteria for the use of the minor permit modification procedures; 

(7) A request that minor permit modification procedures be used; and 

(8) For use by the department in notifying EPA and affected states, 2 additional copies of the 

information required in-by (1 ), above. 

(ed) Within 5 working days of the receipt by the department of a 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) of the request. 

(ae) The department shall not issue-make a final decision on a requested permit modification 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. 

(e!J By the later of 90 days from receiving an application filed pursuant to (a) -(c), above, or 15 days 

after the end of EPA's 45-day review period, the department shall: 

(1) Issue the requested permit modification ""fl'6j3ese<l-if it meets the requirements of this 

section; 

(2) Deny the requested permit modification ilj3j>lieillie!rif it does not meet the requirements of the 

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 of this section and 

send to EPA and to the applicant the new proposed permit modification. 

(f..g) The owner or operator may implement the proposed change immediately upon filing a request for 

minor permit modification with the department. 

(gh) Pending final action on the permit modification by the department, the owner or operator shall 

comply with both the applicable requirements governing the change and the proposed permit conditions. 

(fii) The permit shield specified in Env-A 609.09, shall not apply to minor permit modifications. 

Amend Env-A 612.06(c), (e) and If), eff. 4-26-03 (doc. #7879), amended eff. 7-28-04 (doc. #8129), cited and to 

read as follows: 

Env-A 612.06 Significant Permit Modifications: Title V Operating Permits. 

(c) Prior to implementing a significant permit modification, the owner or operator shall Sl!bmit-file a 

written request te-with the department for a significant permit modification 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; 
Added text in bold italics 

Deleted text sffilek through 

b. The emissions resulting from the change; and 

Initial Proposal 06-07-10 

c. Any new "f'plienble requirements that will apply if the change occurs; 

(3) The owner or operator's suggested draft permit conditions; 

16 

(4) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b), that 

the proposed change meets the cliteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be used; 

(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; and 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(e) An application for a significant modification to a title V operating permit shall be deemed complete 

by the department within 60 days of feGeipt by the-<lepaftmeffi-its filing, unless the department requests 

additional information or otherwise notifies the applicant of incompleteness. 

(f) The department shall take final action on a request for signihcant permit modification no later than 

9 months after reeeipt the filing of a complete application provided that: · 

(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 of the permit provide for compliance with all applicable requirements of title 

V of the Act and all applicable requirements of Env-A 300 et §.fill.; and 

(4) The EPA has received a copy of the proposed permit and any notices required and has not 

objected to issuance of the significant permit modification within the time period specified in EnvA 609.13(b). 

Readopt with amends PART Env-A 616, eff 4-26-03 (doc. f/7879), to read as .follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 616.01 Determination of Actual Emissions. fat-The aepartmeffi-Owner or operator of a 

stationary sourceJ area source, or device shall determine the actual annual emissions from stationary sources, 

areacthe sources, or devices in this part by using: as specified in Env-A 705.02. 

(1) EPA's Compilation of Air Pollutant Emission Fosters, AP 42, as revised, inemporatcd herein 

sy referenee, in eonj,netion with-tlle-epefflting conditions speeifieE!-Bn any permit issned pl±fSBiHlt 

te-this ehapter; 

(2) Test-metlle~roved by the department pursuant to En¥~02 or EPA in eonjunetion with 

tbe-&perating eot~eeified on any permit issue&-f>UFSuant to thi&-eh"f'ter; 

(3) Reporlefl-.!est data in eonjtmetieH-With the epeffiti»g-€BHditions speeified on any-pBfmit-issued 

pmsuant to tll-is-eflapter, wl:ere suffi-test data was eollee:ed tfirongh the use of tesl-lretl>eds 

apjlrGVed by the department pursuant to E!Pf-A-.802 or Env ,A, 809 or EPA; or 

(4) Engineefing ealenlations, sneh as mass balanee ealenlatim15-;-ill-Benjunction with tlw opOI'il!ffig 

60flffitiet¥.HJpeetfied-Bn-any-permi~l-pclfSBant to thf&-ehnpter. 

fb) As an alternati-ve-to-faJ;-a00¥e,tfre-eWHer-&F-operatoY-Of a stationary souree, aFea--sB\H'C-e,-oHIO¥ire 

may-detem'line-ita-aetwl-emi&ffims--by-Bsing-either. 

(1) An emissiorl-feeter,-teBt-melhod-&l'-6tllar'-l'flJ'efled test data-ajlpfOved by the d"f'aFtment-in 
Aclclecl text in bold italics 

Deleted text Sl'R!ek-thl'ffilgfl 

Initial Proposal 06-07-10 17 

aeeeffiaBee-.witil (a), above, in-eenjunotion witk the-epemtiag oonffiliBns speoifieEI on aay permit 

issood pursuaat to this shaptor; or 

~-Another test method approved by the department purS>Hm: to Env A 899--BF-EPA in eoAjuaotioo 

wit!Hile operating ooadi:ions speoified on any pennit issuetl--pH!'Sllilnt to this ohaptef, 

fe1-+He--flepartment shall review dl reportii and determim:tiom; of-aelui!l--eg1issioc's sul>mitteEl to the 

ElepartmeBl by the owner or operator of a statioltiH'y-SBUroe, area sooroe, or devise for ac--eHH!ey-<!Rd 

eempletoness. 

Amend Env-A 617.01 intro, (a), and (b), eff 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions ofEnv-A 603.01(a) or (b), a temporary permit or a state permit to operate shaJI not be required 

for any research and development operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device subm-i-ts-files a written request te 

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 of a research and development operation according to the requirements found in 

(c) through (e), below; 

(b) The owner of a new stationary source, area source, or device submitted filed a written request to 

with the department prior to the construction, installation, or operation of the 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 written 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; 

(no change to (c) through (e)} 

Amend Env-A 617.02 intra, (a), and (b), eff. 4 .. 26-03 (doc. #7879), to read as follows: 

Env-A 617.02 Exception to Obtaining a Title V 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 of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device sttb-mi-ts-files a written request te 

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 of a research and development operation according to the requirements found in 

(c) through (g), below; 

(b) The owner of a new stationary source, area source, or devlce Sl:lbmitsfiles a written request te-with 

the department prior to the construction, installation, or operation of the 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, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (q), 

below; 

(no change to (c) through (g)} 

Amend Env-A 618.05 intra, (b), and (d), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 618.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented in accordance with the following procedure: 
Added text in bold italics 

Deleted text slR!ffi-l!weHgll 

Initial Proposal 06-07-10 18 

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall Sl4t1lit-te 

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 of this section shall be ffiffimitle<l-filed as part of 

the permit application, as required under Env-A 600; and 

Readopt with amendment Env-A 619.05, 4f 4-26-03 (doc. 117879), to read as follows: 

Env-A 619.05 Department Review. 

(a) Within 30 days of receipt of an application, t+he department shall notify ffft-lhe applicant w±lflffi 

JO days of reeeipt-Bf..tHe..aJ>rliBllt-ie»,-as to the completeness of the application or any deficiency in the 

application or informalion submitted. 

(b) In the event of a deficiency in an jlel'flli<-application, the date of fe€ei>pt-filing of the application for 

]Jllf1JOses of(c), below, shall be the date on which the department receives all required information. 

(c) Within one year after feeeipt-the filing of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.21 (j)- (p). 

Amend Env-A 620.05(d), eff 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 620.05 Decisions. 

{no change to (a) -(c)} 

(d) In the event the department determines that additional information is necessary to make an 

informed decision, the department shall request such information and sflal..l-.issue a decision in accordance with 

(a)(!) or (a)(2), above, within 15 clays of receiving such information. 

Amend Env-A 621.07(a) and (b), eff 7-28-04 (doc. #8129), cited and to read as .follows: 

Env-A 621.07 Public Access to Information. 

(a) If the applicant is not a municipality, the applicant shall ~file 2 copies of the permit 

application te-with the department. 

(b) If the applicant is a municipality, the applicant shall ffiffimie-file one copy of the permit application 

le with the department and shall make another copy available to the public for review. 

[no change to (c)- (e)] 

Amend Env-A 622.04( a) intra and ( 1 ), qff. 7-28-04 (doc. f/8129), cited and to read as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(I) A copy of the permit application Ol", upon agreement with EPA, a summary thereof, unless the 

applicant has ffiffim#!OO-filed a copy of the permit application te-with EPA pursuant to Env-A 

609.06(d); 

{no change to (a)(2)-( 4) or (b)} 
Added text in bold italics 

Deleted text sJ.rHek throHgh 

Initial Proposal 06-07-l 0 19 

Amend Eltv-A 622.06(a) and (b), efj 7-28-04 (doc. 118129), cited and to read as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall trllbmtt 

file 2 copies of the permit application te-with the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall tr!lbmit-file one copy of the permit application 

le-witlt the department and shall make another copy available to the public for review. 

(no change to (c) or (d)) 

Amend Env-A 624.03(c}, eff 6-8-06 (doc. 118654), cited and to read as follows: 

Env-A 624.03 Permit Application Required. 

(no change to (a) or (b)) 

(c) The owner or operator of a source subject to (b), above, shall makB--jile a timely application for and 

obtain a title V operating permit or amendment thereof in accordance with Env-A 609 or Env-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) State or Federal Statute I Federal Regulation Implemented 

Env-A 603.01 RSA 125-C:l 1; 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 !25-!: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: I 1 

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 l25-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:11, III; RSA 125-C:l3 

Env-A 608.10(a) RSA 125-C:l2, 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-C:J2, I;; 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, !-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. §766lb(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, !-a; 42 U.S.C. §7661b(d); 40 CFR §70.7(b) & (c) 
Added text in bold italics 

Deleted text ffiR\GMJ~ 

Env-A 609.18(a) 

Env-A 609.!8(b) 

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 612.01 

Env-A 612.03 

Env-A 612.04 

Env-A 6!2.05 

Env-A 6!2.06(c), (c), & (f) 

Env-A 616.01 

Env-A 617.01 intra, (a), & (b) 

Env-A 617.02 intro, (a), & (b) 

Env-A 618.05 intra, (b), & (d) 

Env-A 619.05 

Env-A 620.05(d) 

Env-A 621.07(a) & (b) 

Env-A 622.04(a) intra & (a)(l) 

Env-A 622.06(a) & (b) 

Env-A 624.03(c) 

Initial Proposal 06-07-10 20 

RSA 125-C:ll, I-a; 42 U.S.C. §766la(b)(5)(C); 40 CFR §70.7(c) 

RSA 125-C:l2, II & IV; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(c) 

RSA !25-C:6, XIV; RSA 125-C:ll, I & III 

RSA 125-C:6, XIV; RSA 125-C: II, I-a; 42 U.S.C. §766lc(cl); 

40 CFR §70.6(d) 

RSA 125-C:l2, II; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(d)(3) 

RSA 125-C:6, XIV; RSA 125-C:l2, I 

RSA 125-C: 11, I; RSA 125-C: 12, I 

RSA 125-C:ll, I-a; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(e)(2) 

RSA 125-C:ll, I-a; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(e)(4) 

RSA 125-C:l2, I 

RSA 125-C: 11, I 

RSA 125-C:ll,I-a;42U.S.C. §7661(2);42U.S.C. §766la(a) 

RSA 125-C:ll, IV; 42 U.S.C. §§7503(c) & 75lla(c)(10); 

40 CFR §51.165(a)(3) 

RSA 125-C:4, I(j); 42 U.S.C.§7475(d); 40 CFR §51.166 

RSA 125-C:l2, II 

RSA 125-C: 12, II 

RSA 125-C:l2, II; 42 U.S.C. §7661d(a)(l); 40 CFR §70.8(a) 

RSA 125-C:l2, II; 42 U.S.C. §766!b(e); 40 CFR §70.7(h) 

RSA 125-C:4, I( a); RSA 125-C: 1 0-b, I( a) 
I 

STATE OF NEW HAMPSHIRE 

FROM 

~ ~~el0,2010 

Thomas S. Burack 

Commissioner AT (OFFICE) DES 

SUBJECT Request for Fiscal Impact Statement 

To Legislative Budget Assistant 

In accordance with NH RSA 541-A:S, enclosed please find a Request for Fiscal Impact 

Statement and a copy of the corresponding administrative rules for the following: 

Env-A ~. ~. 903.01(b), 907.0l(a), +703 01 (a): Amendments relating to Permit-ByNotification; Determination of Actual Emissions for Use in Calculating 

Emission-Based Fee 

Please fax the Fiscallmpact Statement to Gretchen Hamel at 271-8805. 

If you have any questions, please contact Gretchen Hamel at 271-3137. 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

Karla McManus, ARD Planning and Rules Manager 

·; 
OFFICE OF LEGISLATIVE BUDGET ASSISTANT 

REQUEST FOR FISCAL IMP ACT STATEMENT (FIS) 

PIS Number 

I. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Rtile Number 

Env-A ~. \'9S.Qi; 903.0l(b), 907.0l(a), 

1783.81 (a) 

2. RSA Authority: 

l Pedera] Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

RSA 125-C:4, I (d), (i), & (k) 

42 U.S.C. §766la 

X 

X 

Readoption w/amendment X 

Interim rule 

5. Have the rules expired? Yes 0No [81 

Date Expired: 

6. Short Title: Amendments relating to Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

7. Contact Person: 

Name: 

Address: 

Gretchen Hamel 

Depatiment of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

(I) Summarize the rule. 

Title: 

Phone#: 

Fax#: 

Administrator, Legal Unit 

271-3137 

271-8805 

All of the proposed amendments are related to proposed revisions (in separate rulemakings) to Env-A 600 and 

Env-A 2800 relative to the permitting and compliance requirements for non-metallic mineral processing plants 

(rock-crushing plants). · 

Env-A 700 establishes the permit fee system for permits issued pursuant to Env-A 600. The proposed amendments 

to Env-A 700 are intended to (I) add a fee for a permit-by-notification (PBN) (Env-A 702.04), and (2) replace the 

cross-reference to Env-A 616 (for purposes of determining actual emissions to use to calculate emission-based 

fees) with a specific list of the types of data that can be used for the calculations (Env-A 705.02). 

Env-A 900 establishes recordkeeping and repmiing requirements. The proposed amendments to Env-A 903.01 

would exempt PBN facilities/devices from the recordkeeping requirements and clarif'y the exemption for certain 

other devices. The proposed amendment to Etw-A 907.01 would exempt PBN facilities/devices from the annual 

emissions report requirements. 

Env-A 1700 establishes permit application forms. Env-A 1703.0 I is proposed to be amended to exclude PBN 

facilities from having to use the forms. (Env-A 1710.04 is proposed to be readopted with amendment as Etw-A 

2806.04 in a separate rulemaking to replace the current general state permit for nonmetallic mineral processing 

plants with the PBN.) 

(2) Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, 

then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that 

is instigating this rule. 

An application fee of $1,000 is being proposed for an application for a PBN for a non-metallic mineral processing 

plant However, the PBN option is being proposed as an alternative to the existing requirements, which require 

the owner of such a plant to pay a $2,000 application fee as well as on-going emission-based fees (for these 
REQUEST .FOR FISCAL IMPACT STATEMENT (FIS)- Page 2 

plants, typically in the range of $13 0 to $700 per year). RSA 125-C: 12, IV and V authorize the Department to 

collect fees from permitted sources to cover its reasonable costs of implementing and administering the permitting 

programs. The stati'!fe [fOes not'si)ecify the amount of the fees, nor does it require the fees to cover the cost of 

implementing tfi(;p;.c;·,g;:a-in, although that is the expectation. The cost of the application fee for a PBN is thus 

attributable to the rules. 

The other proposed amendments relating to the PEN option, including the exemption from emission-based fees 

and from recordkeeping and reporting requirements, are expected to result in cost savings for those who opt to 

obtain a PEN rather than a general state permit or state permit to operate. 

The proposed amendments relative to calculating emission-based fees do not have any associated costs, as they 

simply incorporate and clarify requirements that used to be cross-referenced. 

The rules are being adopted pursuant to RSA 125-C:4, I( d), (i), & (k) to implement the permitting requirements of 

RSA 125-C, and in particular the permit fee requirements specified in RSA 125-C:12. 

(3) Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule. 

The cost of the proposed rule is expected to be lower than the cost of the existing rule for those owners of nonmetallic mineral processing plants who opt to obtain a PEN in lieu of a general state permit or state permit to 

operate, per the discussion in (2), above. 

For the proposed amendments relative to calculating emission-based fees, there is no difference in costs between 

the existing rule and the proposed rule. 

(4) Describe the costs and benefits to the state general fimd which would result from this rule. 

There are no costs or benefits to the state general fund resulting from the proposed rules. The same staff who 

currently implement the program will continue to do so, onrl in any event are not paid from the General Fund . 

. (5) Explain and cite the .federal mandate for the proposed nile, if there is such a mandate. How would the mandate 

affect state funds? 

There is no federal mandate for the proposed amendments, since they primarily are for the purpose of establishing 

a PEN option for non-metallic mineral processing plants. 

(6) Describe the cost and benefits to any state special fund which would result. 

Fees and other funds collected under RSA 125-C are deposited to the Air Resources Fund established in RSA 125-

C: 12, IV. To the extent that owners of non-metallic mineral processing plants opt to obtain a PEN in lieu of a 

general state permit or state permit to operate, fee revenue will decrease. Currently, 19 sources that fall within the 

scope of the proposed PEN hold a general state permit and 28 hold a state permit to operate. The Department 

estimates that an additional 100 sources (approximately) meet the permitting requirements but do not have permits. 

If all of the facilities currently holding a GSP opted for a PEN, the Department would lose approximately $19,000 

in permit application fees ($1,000 X 19 facilities). However, if only 20% of the facilities that are not currently 

permitted comply with the (simpler) PBN requirements, an additional $20,000 will be collected. On balance, the 

net costs to the Air Resources Fund as a result of the combined amendments (those proposed here as well as those 

proposed in Env-A 600 and Env-A 2800) are expected to be negligible, while the net benefits are not expected to 

exceed $50,000. 

(7) Describe the costs and benefits to the political subdivisions of the state. 

The Department has no record of any political subdivision owning or operating a non-metallic mineral processing 

plant, and so the proposed amendments are not expected to result in any direct costs or benefits to political 

subdivisions. (If a political subdivision should decide to own or operate a non-metallic mineral processing plant in 

the future, it would realize the benefits noted in #2, above, if it chose to obtain a PBN in lieu of a general state 

permit or state permit to operate.) 
REQUEST FOR FISCAL IMP ACT STATEMENT (FIS)- Page 3 

(8) Describe the costs and benefits to the citizens of the state. 

The proposed rules are not expected to result in any direct costs or benefits to citizens of the state who do not own 

or operate a non-metallic mineral processing plant. Any citizen who owns or operates a non-metallic mineral 

processing plant will benefit if s/he chooses to obtain a PBN in lieu of a general state permit or state permit to 

operate (see #2, above). Otherwise, the proposed amendments are not expected to result in any direct costs or 

benefits to citizens of the state. 

(9) Describe the costs and benefits to any independently owned business, including a description of the specific 

reporting and recordkeeping requirements upon those employing fewer than I 0 employees. 

The proposed rules are not expected to result in any direct costs or benefits to independently-owned businesses that 

do not own or operate a non-metallic mineral processing plant. Any independently owned business that does own 

or operate a non-metallic mineral processing plant will benefit if it chooses to obtain a PBN in lieu of a general 

state permit or stale permit to operate (see #2, above). 

The only proposed revisions to the reporting and record keeping requirements is to exempt facilities covered by a 

PBN from having to comply with them. This exemption would apply regardless of the size of the business that 

owned the facility. 
Added language in bold italics 

deleted language struek tforougil 

Initial Proposal 06-07-10 

A Jpt Env-A 702.04 to read as follows: 

~ uv~A 702.04 Permit-by-Notification Fee. The owner or operator of a stationary source, are 

source, ·device that applies for a permit-by-notification pursuant to EnP-A 603.02 shall submit the 

departme1 a fee of $1,000 with the permit application. 

Readopt with c 1endments Env-A 705.02, ejf 6-26-04 (doc./18111 ), to read as follows: 

-Based Fee. 

OOJ*ll~lellHI-H-Ei-al+--owner or operators of a stationary source, area s rce, or device 

n-basedfee shall determine actual annual emissions · €€f>rdanee witl>-lfie 

ffiE>ffi<offi>-!'B>lHl&+B-Eilw~-iH~'Bf--B-Hl-SlOOclffit>RjE;-"milffii<m-ba<scel<Jdi-Jf'eeeies!r.-.. by usil : 

{:;Kl Emissions< a from a certified gaseous CEM system 11 eting the requirements of 

Env-A 808, which in udes substitute data itz accordance rv. 'rh EIZV-A 8p8.13 for each period . 

for which the CEM sys m did not collect valid data; 

' JXi Emission factors bas l on et~zissions data Jron the most recently conducted compliance 

method stack test observed m approved by the d artment pursuant to Env-A 802 or Env-A 

809, or by EPA, in conjwzctiotz/ itlz the operati g conditions specified in the permit for the 

device issued pursuant to E)zv~A 0; 

~ Emissions calculated ft·om a m s alance of the process, in conjunction with the 

operating conditions specified in the p zit for the device issued pursuant to Env-A 600; 

{;() Emission factors based on a ernate e issions data guaranteed by the manufacturer of 

the device, certified by EPA as curate forth device, or collected during a stack test of an 

identical device that was not Jserved by the de[ rtment, that meets all other acceptance 

criteria specified in (2 ), ab 1e, in cOifjltlzction wit he operating conditions specified in the 

pennitfor the device issz d pursuant to Env-A 600; 

~ AP-42, Fifth E ilion, "Compilation of Air Polluta Emission Factors, Volume 1: 

Stationary Point a a Area Sources", published in1995 by ze EPA, as supplemented from 

1996- 2000 and pdatedfrom 2001-2009, in conjunction wi the operating conditions 

specified in tl permit for the device issued pursuant to Env-A 00; or 

(:6;1 En neering calculations that are representative of the actua emissions generated, in 

conjun ion with the operating conditions specified in the permit for ze device issued 

purs ant to Env-A 600. 

fl1) I· the emissions calculated pursuant to (a), above, are determined to be less t none ton per 

year, then 1e owner or operator shaH calculate the emission-based fee using an emission-b ed multiplier 

of one t 1 per year. 

!/4 A description of the method used for calculating actual emissions shall be submitted the 

d artment with each fee payment. 

Amend Env-A 903.01(b), eff. 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 903.01 Applicability. 

(b) The owner or operator of fHlny of the following sources or devices that is not sulrjeet to Eav A 

6GG,-lmt-whiefi is !seated at a source tfial is sulrjeet to Eav A 600, shall not be required to comply with the 

requirements of this part with respect to that device,: 
Added language in bold italics 

deleted language s!RielH!weuglt 

Initial Proposal 06-07-10 2 

(1) A device tlzat is not subject to Em•-A 600, but wlziclz 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. 

Amend Env-A 907.0l(a), q[f 4-21-07 (doc./18872), cited and to read as follows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

excluding a source or device operated pursuant to a permit~bywnotification, shall submit an anmwl 

emissions report to the department on or before April 15 of the year following the calendar year covered by 

the report. 

end Env·A 1703.0 t), eff 5-3-03 (doc./17886), 'ted and tor d as follows: 

A applicant for any type of permit other tl n a eneral permit or permit-by-notification 

shall mplete a ·m ARD-1, "General Information r all Pen 't Applications". 

APPENDIX 

Rule Section(s) State Statute(s) Implemented Federal Statute(s) Implemented 

Env-A 702.04 RSA 125:C:4, I( a); RSA 125-C:!2, IV 

Env-A 705.02 RSA 125-C:!2, I 

Env-A 903.0l(b) RSA 125-C:6, XI 

Env-A 907.0l(a) RSA 125-C:G, XI CAA Sec. 182 

Env-A 1703.01(a) RSA 125-C: 12, I 
STATE OF NEW HAMPSHIRE 

DATE June I 0, 2010 

FROM ~~~ 

Commissioner AT (OFFICE) DES 

SUBJECT Request for Fiscal Impact Statement 

To Legislative Budget Assistant 

In accordance with NH RSA 541-A:S, enclosed please fmd a Request for Fiscal Impact 

Statement and a copy of the corresponding administrative rules for the following: 

Env-A 2800, Env-A 101.1661

, & Env-A 1710.042

: Sand & Gravel Sources; Non-Metallic 

Mineral Processing Plants; Cement & Concrete Sources 

1. readopted with amendment as Env-A 2802.04 

2. readopted with amendment as Env-A 2806.04 

Please fax the Fiscal Impact Statement to Gretchen Hamel at 271-8805. 

If you have any questions, please contact Gretchen Hamel at 271-3137. 

cc: Gretchen Hamel, Administrator, DES Legal Unit 

Karla McManus, ARD Planning and Rules Manager 
OFFICE OF LEGISLATIVE BUDGET ASSISTANT 

REQUEST FOR FISCAL IMP ACT STATEMENT (FIS) 

Env-A 2800, Env-A 101.166 (readopted with 

amendment as Env-A 2802.04), and Env-A 1710.04 

FIS Number Rule Number (readopted with amendment as Env-A 2806.04) 

I. Agency Name & Address: 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03 3 02-0095 

2. RSA Authority: RSA 125-C:4, I( a) & (d) 

3. Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

N/A 

X 

Readoption X 

Readoption w/amendment X 

Interim rule 

5. Have the rules expired? Yes 0 No [:8:1 

Date Expired: 

6. Short Title: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources 

7. Contact Person: 

Name: 

Address: 

Gretchen Hamel 

Department of Environmental 

Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

(I) Summarize the rule. 

Title: 

Phone#: 

Fax#: 

Administrator, Legal Unit 

271-3137 

271-8805 

Env-A 2800 currently establishes particulate matter, visible emissions, and fugitive dust standards for cement/ 

concrete sources and for sand/gravel sources, including those at which such materials are subject to crushing or 

grinding. The rules are proposed to be readopted with amendments to (I) distinguish sources at which nonmetallic minerals are subject to crushing or grinding ("non-metallic mineral processing plants") from other sand & 

gravel sources; (2) separate the particulate matter and visible emissions standards for non-metallic mineral 

processing plants from those for other sources; and (3) establish a permit-by-notification (PBN) for non-metallic 

mineral processing plants to replace the General StatePermit (GSP) option. As part of the proposed revisions,. 

Env-A 101.166 (definition of "sand and gravel source") is proposed to be readopted with amendment as Env-A 

2802.04, and Env-A 1710.04 (previously the GSP application form for non-metallic mineral processing plants) is 

proposed to be readopted with amendments as Env-A 2806.04. · 

Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A 1700 are being proposed in separate 

rulemakings. 

(2) Is the cost associated with this rule mandated by the rule or by state statute? If the cost is mandated by statute, 

then the rule itself may not have a cost or benefit associated with it. Please state either the statute or chapter law that is 

instigating this rule. 

RSA 125-C: 11 prohibits the "construction, installation, operation, or material modification" of a source of air 

pollution unless a permit is obtained in advance from the Department. RSA 125-C: 12 requires applications for 

such permits to "be upon such forms, and ... include such information, as the commissioner requires under rules 

adopted pursuant to RSA 541-A ... " The rules adopted to implement this authority do not require the submission of 

more information than the Department needs to make a decision to grant or deny a permit application. The costs of 

obtaining a permit are thus attributable to the statute. The requirements relative to equipment testing and standards 

reflect federal requirements for all equipment manufactured in 1983 or later, and so those costs also are not 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS)- Page 2 

attributable to the state's rules. Under the proposed rules, all equipment, regardless of age, will have to meet the 

requirements specified in 40 CFR 60 Subpmt 000 and all equipment will have to be tested. (Testing on existing 

equipment that has never been tested will have to be completed within one year of the effective date of the new 

rule.) Thus for a small number of facilities, some testing costs are attributable to the proposed rules. 

The rules are being adopted pursuant to RSA 125-C:4, I( a)& (d) to implement RSA 125-C. 

(3) Compare the cost of the proposed rule with the cost of the existing rule, if there is an existing rule. 

For most nonmetallic mineral processing plants, the costs of obtaining a permit and operating a source of air 

pollution will be reduced by the proposed rules (and associated rulemaking proceedings). For plants that were 

originally installed prior to August 31, 1983, the proposed rule will impose an additional cost of testing to 

demonstrate compliance with the particulate matter and visible emission standards in the rule. For a large plant (24 

emission points), the cost of testing by a professional testing company is approximately $3,500; for a small plant (5 

- 6 emission points), the cost is approximately $1,500. However, the plants will benefit from a lower one-time 

application fee, a non-expiring permit which will accommodate the relocation of portable plants without additional 

fees, and exemptions from emission-based fees and associated recordkeeping/repmting requirements. The cost of 

preparing an application for a temporary permit for a non-metallic mineral processing plant is approximately $500, 

and the costs of preparing an annual emission report and paying the emission-based fee are approximately $500 per 

year. Consequently, the cost of the testing requirement for older plants will be offset by the other noted changes 

within 6 years for a non-potiable plant and within one or 2 years for a portable plant if the PBN option is elected. 

(4) Describe the costs and benefits to the state general fund which would result from this rule. 

The proposed rule will not have any effect on the state general fund. The smne staff who currently implement the 

program will continue to do so, and in any event are not paid from the General Fund. 

(5) Explain and cite the federal mandate for the proposed rule, !f there is such a mandate. How would the mandate 

affect state fonds? 

There is no federal mandate for the state to adopt the proposed rules. However, nonmetallic mineral processing 

plants built after August 31, 1983 are subject to the requirements of 40 CFR 60, Subpmt 000 whether or not the 

proposed rules are adopted. 

(6) Describe the cost and benefits to any state special fund which would result. 

Fees and other funds collected under RSA 125-C are deposited to the Air Resources Fund established in RSA 125-

C: 12, IV. To the extent that owners of non-metallic mineral processing plants opt to obtain a PBN in lieu of a 

general state permit or state permit to operate, fee revenue will decrease. Currently, 19 sources that fall within the 

scope of the proposed PBN hold a general state permit and 28 hold a state permit to operate. The Department 

estimates that an additional!OO sources (approximately) meet the permitting requirements but do not have permits. 

If all of the facilities currently holding a GSP opted for a PBN, the Depa1tment would lose approximately $19,000 

in permit application fees ($1,000 X 19 facilities). However, if only 20% of the facilities that are not currently 

permitted comply with the (simpler) PBN requirements, an additional $20,000 will be collected. On balance, the 

net costs to the Air Resources Fund as a result of the combined amendments (those proposed here as well as those 

proposed in Env-A 600, 700, 900, and 1700) are expected to be negligible, while the net benefits are not expected 

to exceed $50,000. 

(7) Describe the costs and benefits to the political subdivisions of the state. 

The Depattment has no record of any political subdivision owning or operating a non-metallic mineral processing 

plant, and so the proposed mnendments are not expected to result in any direct costs or benefits to political 

subdivisions. (If a political subdivision should decide to own or operate a non-metallic mineral processing plant in 

the future, it would realize the benefits noted in #3, above, if it chose to obtain a PBN in lieu of a general state 

permit or state permit to operate.) 
REQUEST FOR FISCAL IMPACT STATEMENT (FIS) -Page 3 

(8) Describe the costs and benefits to the citizens qj'the state, 

The proposed rules are not expected to result in any direct costs or benefits to citizens of the state who do not own 

or operate a non-metallic mineral processing plant (although such citizens may benefit from improved air quality, 

because all rock crushing plants, regardless of age, will now be required to comply with new source performance 

standards in Subpart 000). Any citizen who owns or operates a non-metallic mineral processing plant will benefit 

if s/he chooses to obtain a PBN in lieu of a general state permit or state permit to operate (see #3, above). 

(9) Describe the costs and benefits to any independently owned business, including a description of the specific 

reporting and recordkeeping requirements upon those employing fewer than I 0 employees. 

The proposed rules are not expected to result in any direct costs or benefits to independently-owned businesses that 

do not own or operate a non-metallic mineral processing plant. Any independently owned business that does own 

or operate a non-metallic mineral processing plant will benefit if it chooses to obtain a PBN in lieu of a general 

state permit or state permit to operate (see #3, above). 

The proposed recordkeeping and repmting requirements are minimal, and apply to any facility covered by a PBN 

regardless of the size of the business that owns the facility. 
Added language in bold italics; 

deleted language siHie-IHI~ 

Revise the heading of CHAPTER Env-A 2800 as follows: 

Initial Proposal 06-07-10 

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES;; NON-METALLIC MINERAL 

PROCESSING PLANTS; ANI:}-CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA 125-C:4, I 

Revise the heading of PART Env-A 2801 as follows: 

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. The purpose of this chapter is to establish: 

(a) Sstanclards for particulate matter emissions and visible emissions for sand and gravel sources, 

no11-metallic mineral processing plants, and cement and concrete sources,; 

(b) Fugitive dust requirements for sand and gravel sources, no11-metallic mineral processing 

plants, and cement and concrete sources; and 

(c) Permit by notification requirements for non-metallic mineral processing plants, 

Readopt with amendments E11v-A 2802.01, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A ;!.&~2801. 02 &eepe-Applicabilitv. This chapter shall apply to any: 

(a) Sand and gravel source; arul 

(b) Non-metallic mineral processing plant; and 

(ll-c) Cement, ready mix concrete, or cement block source. 

Revise the heading of PART Env-A 2802 as follows: 

PART Env-A 2802 ?>COPE DEFINITIONS 

Adopt Env-A 2802.01 through Env-A 2802.03 to read asfollows: 

Env-A 2802.01 "Affected equipment" means each crusher, grinding mill, screening opertttion, 

bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading 

station at an affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that 

reduce the size of nonmetallic minerals embedded in recycled asphalt pavement. 

Env-A 2802.02 "Affected facility" means anon-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 of 25 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 or pumice plant with a capacity of 10 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment 

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, or blend the processed material. 
Added language in bold italics; 

deleted language sW!lelc throHgll 

Initial Proposal 06-07-10 2 

Readopt with amendments Env-A 101.166, eff. 1-18-97 (doc. 116428-A), and renumber as Env-A 2802.04, to 

read as follows: 

Env-A 101 166 2802.04 "Sand and gravel somce" means any source where grinding, eruslting,at 

which drying, mixing, conveying, sizing, or blending of rock, sand, or gravel products is conducted, and ffi 

SNBj3fiseE!..ef.includes all equipment and auxiliaries utilized in tloese funetieRS-used to £by, mix, convey, 

size, or blend such materials. The term does not include £my equipment or activities related to grinding 

or crushing. 

Adopt Env-A 2802.05 to read as follows: 

Env-A 2802.05 "Successful compliance test "means a completed test that is pe1jormed for the 

pU!JJOse of demonstrating compliance and that does demonstrate that the source is in compliance with 

the requirement(s) for which the test is conducted. 

Revise the heading of PART Env-A 2803 as follows: 

PART Env-A 2803 EMISSION STANDARDS FOR SAND MID GRAVEL SOL'RCES NONMETALLIC MINERAL PROCESSING PLANTS 

Readopt with amendments Env-A 2803. OJ and Env-A 2803.02, eff. 11-24-04 (doc. #8218), to read as 

follows: 

Env-A 2803.01 Visible Emission and Particulate Standards for Sand and Gravel Sources Nonmetltllic Mineral Processing Plants. 

{(a) has been moved and renumbered as (e), below} 

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

(a) A non-metallic mineral processing plant that is an affected facility shall be subject to 40 

CFR 60, subpart 000, regardless of when construction of the plant commenced. 

(b) The owner or operator of an affected facility shall conduct a successful compliance test on 

the qffected equipment in accordance with 40 CFR 60.675 within one year after the 2010 ~ffective date 

of this chapter if the q[fectedfacility: 

(I) Is in existence on the 20IO effective date ~{this rule; and 

(2) Has never been succes~fully tested prior to that date. 

(c) The owner or operator of an affected facility shall conduct a successful compliance test: 

(1) Within 60 days after changing the method of dust suppression used at the affected 

facility; 

(2) Within180 days after initial startup, !fthe owner or operator replaces a piece of 

affected equipment; or 

(3) Iftlte test is otherwise required by 40 CFR 60 subpart 000. 

(d) The owne1· or operator of an q!Jected facility shall not be required to conduct a compliance 

test solely because the location of the affected.facility has changed. 

(ae) The owner or operator of a sand and graval-s8'df€&-non-metallic mineral processing plant that 

is not m1 a.ffectedfacility shall not cause or allow visible fugitive emissions or visible stack emissions from 

the source to exceed an average of20 percent opacity for any continuous 6-minute period at crushers, 

transfer points, an4-or screens. 
Added language in bold italics; 

deleted language struek tlweugh 

Initial Proposal 06-07-10 3 

Env-A 2803.02 Fugitive Emission Control Systems for &a-Atl-and Gravel SoHreBS-Non-Metallic 

Min em I Processing Plants. The owner or operator of a sana ana gravel SOHJ"OO-/WII-/1letallic mineral 

processing plant shall not operate the seHroe-plant unless it is equipped with a fugitive emission control 

system that is operated and maintained to control the emission of particulate matter. 

Readopt PART Env-A 2804, eff. 11-24-04 (doc. #8218), to read asfol/ows: 

PART Env-A 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, 

AND CEMENT BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block 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. 

Revise the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITNE DUST CONTROL 'NITHIN THE PLA1>fT PRDPERTY FOR ALL 

SOURCES 

Readopt with amendments Env-A 2803.01 and Env-A 2803.02, eff. 11-24-04 (doc. #8218), to read as 

follows: 

Env-A 2805.0 I Fugitive Dust Control WitltiA PlaHt Property [or 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 property boundaries~ by using Ffugitive dust control 

methods sltatl-tne!t~Ele, but shall floE-be limiteEl to, 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 

dust from stockpiling~ by using Ffugitive dust control methods shall ifleluEle, but skall Hot be limited to, 

such as wet suppression, windbreaks, enclosures, or soil stabilization. 

Add a headingfor PART Env-A 2806 as follows: 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806. OJ through Env-A 2806.03, to read as follows: 

Env-A 2806.01 Permit-Bv-Notification Required. Prior to 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. 

Env-A 2806.02 Permit-Bv-Notification Procedures. 

(a) To obtain a permit-by-notification, the owner or operator of a 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) The department shall issue a permit-by-notification for a non-metallic mineral processing 

plant if: 
Added language in bold italics; 

deleted language struek H1feltglt 

Initial Proposal 06-07-10 

(1) The applicant lws.filed a// required information and the required fee; and 

(2) The .filing demonstrates that the plant will meet the applicable requirements of Env-A 

2803, Env-A 2805, and Env-A 2806. 

(c) Within 1 II days after initial startup of an affected.facility, the owner or operator shal/notifj' 

the department by fax, email, or postal mail o,fthe actual date of startup. 

Env-A 2806.03 Noti(icatirm o(Clwmres Required. 

4 

(a) Within 10 days '!fler a permit-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 mul is tww located via fax, email, or postal mail, containing the following 

information: 

(1) The unique.facility identification assigned by the department in the initial permit-by11 otification,· 

(2) The pltysicallocation ji'om which the facility was moved; and 

(3) The physical location to which the .facility was moved. 

(b) Within 10 days rifler the replacement of any affected equipment, the owner or operator shall 

.file a notification with the department/hal contains: 

(1) The b!formation specified in 40 CFR 60.676(a)(1), (2), and (3), as applicable; and 

(2) The date on which testing of the new equipment will be conducted. 

(c) Any notice.filed pursuant to (a) or (b), above, shall be signed as specified in Et!JI-A 2806.05. 

Readopt with amendment Env-A 1710.04, eff 7-28-04 (doc. #8130), and renumber as Env-A 2806.04, so 

that Env-A 2806.04 reads as follows: 

Env-A .J-+.1.{)-2806.04 Form GSP 3, Nonmetallie Mineral Proeessing Plants Application Content. Ea1 

Ie addition to form G8P 1, a regis!fant-The applicant for the general state permit a permit-by-notification 

for nonmetallic mineral processing plants shall eomplete form GSP 3, "Nonmetal lie Mineral Proeessing 

Plants." (b) A registrant slmll-Empply to tl:e-Eiepartment on form GSP 3 .file the following information with 

the department: 

(+a) The facility name, mailing address, and daytime telephone number of the owner or opemtor, 

and, if available, an e-ntail address and fax number; 

(+b) The name or number, or both, tflaHhe owner or operator uses fur-to identifj1 the nonmotalliB 

tll-ifleffilfreeessffig-plant; an4 

(;!c) The tewn or eity iH whish the faeility is loeatedphysicallocation o.ftlte plant, including street 

address and municipality; 

(Jt-+he-tlate on whieh the registratien form was eofflPI~ 

(B--+lle followifl.g-iRIDFtlliltion--a9oot4e-fleflllletallie mineral proeessing plant: 

fh(d) Any previous permit number; 

Jr.( e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per 

year; ana 
Added language in bold italics; 

deleted language s\Ttie!Hllffiaglt 

Initial Proposal 06-07-10 5 

&.--+11 e rav.· m aterial-tllffiugltrHH!Hl'iJtg-Hei'HH\J-efiel'ft4ielt-ef-t!H>-t"lllffi-in-peHHEis-per11 ettl' 

and tons per year. 

(e) Th~stl'ankhalkomj'llo:e and-atlaOO-te-furm--GSJ2.+#ie-feWewing-ferm-s+ 

(f) A list of all affected equipment at the plant, not including any energy-generating device.\'; 

(+g) Attaehment A, the For each listed piece of equipment eemponent inventory-list, eenta+ning-the 

following-itffimnatien-a8eut eaek eompenent: 

(I) A description and the name or number, or both, the owner or operator uses to identify 

tile equipmentj 

&(2) The name of the manufacturer and serial number, if available; 

b. THe model-mH-Rber, 

e. T!Je seriallllnnber, 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, 

or enclosed truck or railcar loading station in tons per hour; 

(4) The total swface area t~f'the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

<h(7) The date of: 

a. Jtnitial construction;- or &.-+lle-Ja!e-ef-installation in New Hampshire;-a!tEl 

f-b. The date of the most recent modification resulting in an inerease iH emissions, if 

applicable; ana 

c. The most recent replacement, if applicable; and 

d. The most recent successful compliance test, if applicable; 

(2) AttaehmeHt B, the emissiens summary, containing tne following idormation about eaen 

6Dmj'!Onent: 

a. T!Je type of pollution eontrol eqaipment used, ifapplieable; 

b. The emissimrfo&ters used to estimate emissio~ 

e. T!Je estiulated emissions ofpartieula:e matter and PMlO in poands per !Jmu· and tons 

per year v1hile operafing at maximum eapae-ity, 

(d}-Tll.e registrant s!Jall prej'lare and attaefi te form GSP 3 the foltewtHg-deeuments: 

(1) ,\written deseription-er drawing oftfie nom'f!etallie mineral proeessing plant; and 

(2) A USGS map seetion with the site loeation elearly noted. 

(h) For a new or modified 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 brief explanation of the methods that will be used to control emissions and fugitive dust. 

Adopt Env-A 2806.05 through Env-A 2806.07, to read as follows: 

Env-A 2806.05 Signature and Certification. 

(a) The owner or operator of the mm-metallic mineral processing plant shall sign each 

application filed pursuant to Env-A 2806.02 and each notification filed pursutmt to Env-A 2806.03. 
Added language in bold italics; 

deleted language &!ruck thrs:.gh 

Initial Proposal 06-07-10 6 

(b) The signature of the owner or opemtor shall constitute certification that: 

(1) The owner or opemtor 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 of the town or city in which thejitcility is 

located~( its pending operation; and 

(4) All information filed is true, complete, and not misleading to the knowledge and beliq( 

()[the signor. 

Env-A 2806.06 Application Fee. The applicant shall pay an application fee()( $1,000 with the 

permit application. 

Env-A 2806.07 Recordkeeping and RepoNing. 

(a) The owner or operator of a non-metallic mineral processing plant shall retain records for a 

minimum of 5 years on : 

(1) The total quantity of all materials processed on an annual basis; and 

(2) The results of all petfomumce testing conducted to determine compliance with lite 

standrmls specified in Et1v-A 2803, including 40 CFR 60, subpart 000. 

(b) The owner or operator of a non-metallic mineml processing plant shall file the results()( any 

petformance test conducted to determine compliance with the standards·set.fottlt in Env-A 2803, 

including 40 CFR 60, subpart 000, within 60 days ()(the test. 

APPENDIX 

Rule Scction(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, I( 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, I( 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 

Env-A 2806 (also see specific section below) RSA 125-C: 11 

Env-A 2806.06 RSA 125-C: 12, IV 
FISCAL IMPACT STATEMENT 
NH OFC LEG BDGT ASST Fax 803-211-1091 Jun 21 2010 12:28pm P002/002 

L.BAO 

FIS 10:083 

06/21/10 

Fiscal Impact Statement for Department of Environmental Servic<>s rules governing Revisions to 

Statewide Air Permit System. [Env-A 600- various sections and paragraphs] 

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

When compared to the existing rules: the proposed rules may result in an indeterminable 

decrease in costs for state citizens, political subdivisions, and independently owned 

businesses that own or operate a non-metallic mineral processing plant and will have an 

indeterminable fiscal impact on the air resources fund revenue. 

:z. Cite the Federal mandate. lderltify the impact on state funds: 

No federal mandate, no impact on state funds. 

3. Cost and benefits of the proposed rule(s): 

A. To State general or state special funds; 

The proposed rules will have no impact on the state general fund and will have an 

indeterminable fiscal impact on revenue to the air resources fund. The Department 

estimates there are 100 sources that meet permitting requ\r!'!ments that do not have 

permits, 19 sources that hold a general state permit and 28 sources that hold a state 

permit to operate. The Department assumes the 28 sources holding a state permit 

to operate does so because the permit addresses more than non-metallic mineral 

processing, therefore they would not seek a permit by notification. For every source 

holding a general state permit that opts for a permit by notification, the air resources 

fund revenue would experience a decrease of $1,000. However, If some portion of 

the approximate 100 sources without a permit chose to comply with the simpler 

permit by notification requirements, the air resources fund revenue would increase 

by $1,000 for each new permit. 

B. To State citizens and political subdivisions: 

To the extent a state citizen or political subdivision owns or operates a non-metallic 

mineral processing plant. they may have a decrease in costs if they choose to obtain 

a permit by notification versus a general state permit or state permit to operate. The 

permit by notification application cost is $1 ,oCio with no emission based fees 

compared to the temporary permit application fee of $2,000 and annual emission 

fees of $130 to $700 a year required by a general state perrni\ or .state permit to 

operate. The temporary permit is required prior to obtaining_a general state permit 

or state permit to operate. The Department has no record of any political subdivision 

owning or operating a non-metallic mineral processing plant. 

c: To independently owned businesses: 

To the extent an independently owned business owns or operates a non-metallic 

mineral processing plant, they may have a decrease in costs if they choose to obtain 

a permit by t1o\ification versus a general state permit or state permit to operate as 

the permit by notification application cost is $1,000 with no emission b<Jsed fees 

comp<Jred to application fee for a temporary permit application of $2,000 and annual 

emission fees of $130 to $700 a year required by a general state permit or state 

permit to operate. The temporary permit is required prior to obtaining a general 

state permit or state permit to operate. 

-- ---·- ------
NH OFC LEG BDGT ASST Fax 603-271-1097 Jun 21 2010 12:27pm P002/002 

LBAO 

FIS 10:084 

06/21/10 

Fi$Callmpact Statement for Department of Environmental Services rules governing Amendments 

Relating to Permit-By-Notification; Determination of Actual Emissions for Use in Calculating 

Emission-Based Fee. [En" A 702 04,705 02, 903.01(b), 907.01(a), 1?Qg,Q1(a)] 

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

When compared to the existing rules, the proposed rules may result in an indeterminable 

decrease in costs for state citizens, political subdivisions, and independently owned 

businesses that own or operate a non-metallic mineral processing plant and will have an 

indeterminable fiscal impact on the air resources fund revenue. 

2. Cite the f'ederal mandate. Identify the impact on state funds: 

No federal mandate, no impact on state funds. 

3. Cost and benefits ofthe proposed rule(s): 

A. To State general or State special funds: 

The proposed rules will have no impact on the state general fund and will have an 

indeterminable fiscal impact on revenue to the air resources fund. The Department 

estimates there are 100 sources that meet permitting requirements that do not have 

permits, 19 sources that hold a general state permit and 28 sources that hold a state 

permit to operate. The Department assumes the 28 sources holding a state permit 

to operate does so because the permit addresses more than non-metallic mineral 

processing, therefore they would not seek a permit by notification. For every source 

hOlding a general state permit that opts for a permit by notification, the air resources 

fund revenue would experience a decrease of $1,000. However, if some portion of 

the approximate 1 00 sources without a permit chose to comply with the simpler 

permit by notification requirements, the air resources fund revenue would increase 

by $1,000 for each new permit. 

a. To State citizens and political subdivisions: 

To the extent a state cttizen or political subdivision owns or operates a non-metallic 

mineral processing plant, they may have a decrease in costs if they choose to obtain 

a permit by notification versus a general state permit or state permit to operate. The 

permit by notification application cost is $1,000 with no emission based fees 

compared to the temporary permit application fee of $2,000 and annual emission 

fees of $130 to $700 a year required by a general state permit or state permit to 

operate. The temporary permit is required prior to obtaining a general state permit 

or state permit to operate. The Dep<~rtment has no record of any political subdivision 

owning or operating a non-metallic mineral processing plant. 

C. To independently owned businesses: 

To the extent an independently owned business owns or operates anon-metallic 

mineral processing plant, they may have a decrease In CO$ts if they choose to obtain 

a permit by notification versus a general state permit or state permit to operate as 

the permit by notification application cost is $1,000 with no emission based fees 

compared to application fee for a temporary permit application of $2,000 and annual 

emission fees of $130 to $700 a year required by a general state permit or state 

permit to operate. The temporary permit is required prior to obtaining a general 

state permit or state permit to operate. 
LBAO 

FIS 10:085 

. 06/21110 

Fiscal Impact Statement for Department of Environmental Services rules governing Sand & Gravel 

Sources; Nan-Metallic Mineral Processing Plants; and Cement & Concrete Sources. [Env-A 2800, 

Env-A 101.166 (readopted wl!h amendment as Env-A 2802.04), and Env-A 1710.04 (readopted 

with amendment as Env-A 2806:G4)] . .•; 

1. Comparison of the costs. of th'e proposed rule{ !.I) to the existing rule(s): 

When compared.to•tt\e existing rules, the proposed rules will have an Indeterminable, 

fiscal impact on costs to state citizens, political subdivisions. and independently 0wryeq 

businesses that own or operate a non-metallic mineral processing plant and on the it;r. 

resources fund revenue. ·· 

2. Cite the Federal mandate. Identify the impact on state funds; 

No federal mandate, no impact on state funds, However, nonmetallic mineral processing 

plans built after August 31, 1983 are subject to the requirements contained in 40 CFR 

60, subpart 000. 

3. Cost and benefits of the proposed rule(s): 

To the extent a state citizen, political subdivision, or an independently owned 

business owns or operates a non-metallic mineral processing plant, they may have a 

decrease in costs if they choose to obtain a permit by notification versus a general 

state penni! or state permit to operate. The penni! by notification application cost is 

$1 ,000 with no emission based fees compared to the temporary permit application 

fee of $2,000 and annual emission fees of approximately $500 a year required by a 

general state permit or state permit to operate. The temporary permit Is required 

prior to obtaining a general state penn it or state permit to operate. The Department 

has no record of any political subdivision owning or operating a non-metallic mineral 

processing plant. 

However, if a plant was installed prior to August 31, 1983, the proposed rwles will 

impose an additional cost of testing to demonstrate compliance with the particwlate 

matter and visible emission standards. For a large plant (24 emission points) the 

cost of testing is approximately $3,500 and for a small plant (5-6 emission points) 

the cost of testing is approxlmately $1,500. 

A. To State general or State special funds: 

. The proposed rules will have no impact on the Slate general fund and will have an 

Indeterminable fiscal impact on revenue to the air resources fund. The Department 

estimates there are 1 00 sources that meet permitting requirements that do not hav.e 

permits, 19 sources that hold a general state permit and 28 sources that hold a state 

permit to operate. The Department assum11s the 28 sources holding a state penni! 

to operate does so because the permit addresses more than non-metallic mineral 

processing, therefore they would not seek a penni! by notification. For every source 

holding a general state permit that opts for a permit by notification, the air resources 

fund reven·ue would experience a decrease of $1,000. However, if some portion of 

the approximate 100 sources without a ·permit chose to comply with the simpler 

permit by notification requirements, the air resources fund revenue would increase 

by $1 ,000 for each new permit · 

B. To State crti:zans and_ political subdivisions: 

See 3 above. 

C. To independently owned businesses: 

See 3 above. 
RULEMAKING NOTICE FILING 
STATE OF NEW HAMPSHIRE 

~~~~\/~~DATE June24,2010 

FROIVI Thomas S. Burack 

SUBJECT 

TO 

Commissioner 

Rulcmaking Notice 

Office of Legislative Services 

Division of Administrative Rules 

AT (OFFICE) DES 

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

Env-A 600 (various sections and paragraphs): Revisions to Statewide Air Permit System 

Questions from OLS regarding the Rulcmaking Notice should be directed to Gretchen Hamel at 

271-3137. 

Questions from the public regarding the proposed rules, public hearing, or public commeni period 

should be directed to Karla McManus at 271-G854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bureau 

Karla McManus, DES ARD Planning and Rules Manager 

ARD Distribution list 
RULEMAKING NOTICE FORM 

Notice Number Rule Number Env-A 600 - various sections and paragraphs 

I. Agency Name & Address: 2. RSA Authority: RSA 125-C:4, I(d)-(h) &(j) 

3. Federal Authority: 42 1).S.C. §766Ja.(d) 

Depa1tment of Environmental Services 

29 Hazen Drive 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

X 

P.O. Box95 X 

Concord, NH 03302-0095 

Readoption 

Readoption w/amendment X 

5. Short Title: Revisions to Statewide Air Permit System 

6. (a) Summary of what the rule says and the effect of the rule on those regulated: 

The existing rules, Env-A 600, establish a permit system for the construction, operation, and modification of 

new and existing stationary sources, area sources, and devices in order to achieve and maintain the ambient air 

quality standards in Env-A 300 (established pursuant to RSA 125-C:4, I(b)) and the ambient air limits for 

regulated toxic air pollutants in Env-A 1400 (established pursuant to RSA 125-I:6). The amendments 

proposed to these rules are intended to (I) establish a permit-by-notification (PBN) system for non-metallic 

mineral processing plants in lieu of the current general state permit (GSP); (2) clarifY that documents and 

reports must be filed with DES (i.e., received, not just submitted); (3) clarifY the applicability requirements 

for combustion devices; (4) clarifY the information that must be submitted with an application for a temporary 

permit, a state permit to operate (SPO), or a Title V permit, including that sources which operate air pollution 

control equipment must comply with Env-A 810.01 by including an operation and monitoring plan for that 

equipment with their application; (5) require applications for Minor Modifications of Title V Operating 

Permits to be filed with DES at least 90 days prior to expiration of the Temporary Permit; and (6) merge the 

substance of the section that describes how actual emissions should be calculated (616.01) into Env-A 705.02, 

and replace the text of 616.01 with a cross-reference to 705.02. 

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

Regulated entities who apply for air permits will be affected by the proposed changes. Non-metallic mineral 

processing plants would be the only group affected at this time by the permit-by-notification process. 

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

implement: 

Rule Section(s) State or Federal Statute I Federal Regulation Implemented 

Env-A 603.01 RSA 125-C: 11; 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:I2, 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:I1, II & IV; RSA 125-!: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: 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:ll, II; RSA 125-C:l3; 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:I2, I 
RULEMAKING NOTICE FORM - Page 2 

6. (c) continued: 

Rule Section(s) State or Federal Statute I Regulation Implemented 

Env-A 608.08 RSA 125-C: II, III; RSA 125-C: 13 

Env-A 608.10(a) RSA 125-C: 12, I 

Env-A 608.1 O(b)_ RSA 125-C: 12, IV 

Env-A 608.12 RSA 125-C: II 

Env-A 609.06 RSA 125-C:\2, I;; 42 U.S.C. §7661a(b); 40 CFR §70.5 

Env-A 609.07 RSA 125-C: 11, !-a; 42 U.S.C. §7661 b( c); 40 CFR §70.5(a)(1) 

Env-A 609.08(a) RSA 125-C:11, !-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. §766lb(d); 40 CFR §70.5(a)(2) 

Env-A 609.12 RSA 125-C:l2, 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. §7661 b(d); 40 CFR §70.7(b) & (c) 

Env-A 609.18(a}_ RSA 125-C:ll, !-a; 42 U.S.C. §766la(b)(5}(C); 40 CFR §70.7(c) 

Env-A 609.1 8(b) RSA 125-C:l2, II & IV; 42 U.S.C. §7661a(b)(6); 40 CFR §70.7(c) 

Env-A 610.03- Etw-A 610.05, Etw-A RSA 125-C:6, XIV; RSA 125-C:l 1, I & Ill 

610.08 Env-A 610.09, Env-A 610.13 

Env-A 610.14; Env-A 610.16 RSA 125-C:6, XIV; RSA 125-C:11, I-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: 1 I, I; RSA 125-C: 12, I 

Env-A 612.05 RSA 125-C:11, !-a; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(e)(2) 

Env-A 612.06(c), (e), & (f) RSA 125-C:11, !-a; 42 U.S.C. §766la(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, !-a; 42 U.S.C. §7661(2); 42 U.S.C. §7661a(al 

Env-A 618.05 intra, (b), & (d) RSA 125-C:11, IV; 42 U.S.C. §§7503(c) & 7511a(c)(10); 

40 CFR §51.165(a)(3) 

Env-A 619.05 RSA 125-C:4, l(j); 42 U.S.C.§7475(d); 40 CFR §51.166 

Env-A 620.05(d) RSA 125-C:l2, II 

Env-A 621.07(a) & (b) RSA 125-C:12, II 

Env-A 622.04(a) intra & (a)(l) RSA 125-C:l2, II; 42 U.S.C. §7661d(a)(1); 40 CFR §70.8(a) 

Env-A 622.06(a)& (b) RSA 125-C:l2, II; 42 U.S.C. §7661b(e); 40 CFR §70.7(h) 

Etw-A 624.03(c) RSA 125-C:4, I( a); RSA 125-C: 1 0-b, !(a) 

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

Name: Karla McManus 

Address: Depatiment of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Manager 

Phone#: 271-6854 

Fax#: 271-1381 

E-mail: Karla.McManus@des.nh.gov 

The rules also can be vieY!ed in PDF at TTY/TDD Access: Relay NH 1-

http://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm 800-735-2964 or dial 711 (in NH) 

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

specified: Friday, August 13,2010 at 4:00p.m. 

~Fax ~E-mail 00ther format (specifY): 
RULEMAKING NOTICE FORM- Page 3 

9. Public hearing scheduled for: 

Date and Time: Tuesday, August 3, 2010, 9:30a.m.- 11:30 a.m. 

Place: Rooms 112-113, DES Offices, 29 Hazen Drive, Concord, NH 

I 0. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FIS # 10:083 , dated 06/21/10 --'-'~"'---

See Attached. 

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

The rules do not create, modify, or expand any program in such a way as to require action by political 

subdivisions and so do not require any expenditures by political subdivisions. The rules thus do not violate 

Part I, Article 28-a of the N.H. Constitution. 
STATE OF NEW HAMPSHIRE 

Commissioner AT (OFFICE) DES 

SUUJ!i:CT Rulemaldng No lice 

TO Office of Legislative Services 

Division of Administrative Rules 

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

Env-A :zm..a4, 705 02, 903.0l(b), 907.0l(a), l70J.Ql (a): Amendments relating to Permit-ByNotification; Determination of Actual Emissions for Use in Calculating 

Emission-Based Fee 

Questions from OLS regarding the Rulemaking Notice should be directed to Gretchen Hamel at 

271-3137. 

Questions from the public regarding the proposed rules, public hearing, or public comment period 

should be directed to Karla McManus at271-6854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

ec: K. Allen Brooks, Chief, AGO-Environmental Protection Bmeau 

Karla McManus, DES ARD Planning and Rules Manager 

ARD Distribution list 
RULEMAKING NOTICE FORM 

Notice Number Rule Number Env-A ~ 'ffl5;tft, 903.01(b), 907.01(a), 1703.01(•) 

I. Agency Name & Address: 

Department of Environmental ServiCes 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. RSA Authority: 

3. Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

RSA 125-C:4, I(i), (d) & (k) 

42 U.S.C. §7661a 

X 

Readoption w/amendment X 

5. Short Title: Amendments relating to Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

6. (a) Summary of what the rule says and the effect of the rule on those regulated: 

All of the proposed amendments are related to proposed revisions (in separate rulemakings) to Env-A 600 

and Env-A 2800 relative to the permitting and compliance requirements for non-metallic mineral processing 

plants (rock-crushing plants). 

Env-A 700 establishes the permit fee system for permits issued pursuant to Env-A 600. The proposed 

amendments to Env-A 700 are intended to (I) add a fee for a permit-by-notification (PBN) (Env-A 702.04), 

and (2) replace the cross-reference to Env-A 616 (for purposes of determining actual emissions to use to 

calculate emission-based fees) with a specific list of the types of data that can be used for the calculations 

(Env-A 705.02). 

Env-A 900 establishes recordkeeping and reporting requirements. The proposed amendments to Env-A 

903.01 would exempt PBN facilities/devices from the recordkeeping requirements and clarify the exemption 

for certain other devices. The proposed amendment to Env-A 907.01 would exempt PBN facilities/devices 

from the annual emissions report requirements. 

Env-A 1700 establishes permit application forms. Env-A 1703.01 is proposed to be amended to exclude 

PBN facilities from having to use the forms. (Env-A 1710.04 is proposed to be readopted with amendment 

as Env-A 2806.04 in a separate rulemaking to replace the current general state permit for nonmetallic mineral 

processing plants with the PBN.) 

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

Owners and operators of nonmetallic mineral processing plants would be the only group affected at this 

time by the proposed rules. 

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

implement: 

Rule Section(s) State Statute(s) Implemented Federal Statnte(s) Implemented 

- . , - , 

-

Env-A 903.0l(b) RSA 125-C:6, XI 

Env-A 907.0l(a) RSA 125-C:G, XI CAA Sec. 182 

- - , 

\ 
RULEMAKING NOTICE FORM -Page 2 

7. Contact person for copies and guestions including reguests to accommodate persons with disabilities: 

Name: Karla McManus 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

The rules also can be viewed in PDF at 

Title: ARD Planning and Rules Manager 

Phone il: 271-6854 

Fax#: 271-1381 

E-mail: Karla.McManus@des.nh.gov 

http://cle.s.nh.gov/organization/commissioner/legal/rulemaking/index.htm 

TTY/TDD Access: Relay NH 1-

800-735-2964 or dial 711 (in NH) 

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

specified: Friday, August 13, 2010 at 4:00 p.m. 

~Fax ~E-mail 00ther format (specify): 

9. Public hearing scheduled for: 

Date and Time: Tucsclay, August 3, 2010, 9:30 a.m. - 11:30 a.m. 

Place: Rooms 112-113, DES Offices, 29 Hazen Drive, Concord, Nil 

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

FIS if 10:084 , dated 06/21/10 

See Attached. 

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

The proposed rules do not create, expand, or modify any program or responsibility in such a way as to 

necessitate additional local expenditures by political subdivisions. The rules thus do not violate Part I, 

Article 28-a of the New Hampshire Constitution. 
STATE OF NE\V HAMPSHIRE 

J -=s V/ .J~ £!');. ~vvO'-'I':llJATE June24, 2010 

FROM Thomas S. Burack 

Commissioner AT (OF!'ICE) DES 

SUBJECT Rulemaking Notice 

TO Office of Legislative Services 

Division of Administrative Rules 

Please accept for liling the enclosed Rulcmaking Notice 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 

Env-A 1710.04 (readopted with amendment as Env-A 2806.04) 

Questions from OLS regarding the Rulemaking Notice should be directed to Gretchen Hamel at 

271-3137. 

Questions Ji:om the public regarding the proposed rules, public hearing, or public comment period 

should be directed to Karla McManus at 271-6854. 

Enclosures 

cc: Gretchen Hamel, DES Legal Unit Administrator 

ec: K. Allen Brooks, Chief; AGO-Environmental Protection Bureau 

Karla McManus, DES ARD Planning and Rules Manager 

ARD Distribution list 
Notice Number 

1. Agency Name & Address: 

RULEMAKING NOTICE FORM 

Rule Number 

Env-A 2800, Env-A 101.166 (readopted with 

amendment as Env-A 2802.04), and Env-A 1710.04 

(readopted with amendment as Env-A 2806.04) 

2. RSA Authority: RSA 125-C:4, I( a) 

3. Federal Authority: NIA 

Department of Environmental Services 

29 Hazen Drive 

4. Type of Action: 

Adoption 

Amendment 

X 

P.O. Box 95 

Concord, NH 03302-0095 

Repeal 

Readoption X 

Readoption w/amendment X 

5. Short Title: Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources 

6. (a) Summary of what the rule says and the effect of the rule on those regulated: 

Env-A 2800 cunently establishes particulate matter, visible emissions, and fugitive dust standards for 

cemenU concrete sources and for sand/gravel sources, including those at which such materials are subject to 

crushing or grinding. The rules are proposed to be readopted with amendments to ( 1) distinguish sources at 

which non-metallic minerals are subject to crushing or grinding ("non-metallic mineral processing plants") 

from other sand & gravel sources; (2) separate the particulate matter and visible emissions standards for 

non-metallic mineral processing plants from those for other sources; and (3) establish a permit-bynotification (PBN) for non-metallic mineral processing plants to replace the General State Pennit (GSP) 

option. As part of the proposed revisions, Env-A 101.166 (definition of "sand and gravel source") is 

proposed to be readopted with amendment as Env-A 2802.04, and Env-A I 710.04 (previously the GSP 

application form for non-metallic mineral processing plants) is proposed to be readopted with amendments as 

Env-A 2806.04. 

Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A I 700 are being proposed in separate 

rulemakings. 

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

Owners and operators of nonmetallic mineral processing plants would be affected by the proposed changes to 

these rules. 

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

implement: 

Rule Section(s) State Statute(s) Implemented 

Env-A 280I RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2802 RSA I25:C:4, I(a), RSA I25-C:6, II 

Env-A 2803 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2804 RSA 125:C:4, I( a), RSA 125-C:6, II 

Env-A 2805 RSA I25:C:4, I( a), RSA 125-C:6, II 

Env-A 2806 RSA 125-C: I I 

Env-A 2806.06 RSA 125-C: 12, IV 
RULEMAKING NOTICE FORM - Page 2 

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

Name: Karla McManus 

Address: Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

Title: ARD Planning and Rules Mmiager 

Phone#: 271-6854 

Fax#: 271-1381 

E-mail: Karla.McManus 

The rules also can be viewed in PDF at 

http://des.nh.gov/organization/commissioner/legal/ruiemaking/index.htm 

TTY /TDD Access: Relay NH 1-

800-735-2964 or dial711 (in NH) 

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

specified: Friday, August 13, 2010 at 4:00 p.m. 

[g}Fax ISJE-mail 00ther format (specify): 

9. Public hearing scheduled for: 

Date and Time: Tuesday, August 3, 2010, 9:30a.m. - 11:30 a.m. 

Place: Rooms 112-113, DES Offices, 29 Hazen Drive, Concord, NH 

I 0. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

F!S# 10:085 , dated 06/21/l 0 

See Attached. 

II. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The proposed rules do not create, 

expand, or modify any program or responsibility in such a way as to necessitate additional local expenditures 

by political subdivisions. The rules thus do not violate Part!, Article 28-a of the New Hampshire 

Constitution. 
RULEMAKING REGISTER 
Fax (663) 271-7871 

NEW HAMPSHIRE 

RULEMAKING REGISTER 

OFFICE OF LEGISLATIVE SERVICES 

ROOM 219, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301-6312 

Tel. (603)·271-3680 

Website: www.gencourt.state.nh.us/rules/index.h1ml 

VOLUME XXX, N11mber 26, ,July 2, 2010 

TABLE OF CONTENTS 

1. OFFICE OF LEGISLATNE SERVICES 

a. 

b; 

List of Notices of Proposed Rules NN 2010-73 through NN 2010-77 

and Proposed Interim Rule !NT 20 1 0-7 

Postponement and Rescheduling ofRulemaking Hearing Re: 

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS 

NN 2010-51 Organizational Rules 

NN 20 1 0-52 Procedural Rules 

2. COMMITTEE CJLCARl 

REGULAR MEETING: Thursday, July 15, 20iO 9:00 a:m. 

State House Room 1 03 

CONTINUED MEETING: Thursday, July 29,2010 9:00a.m. 

State House Room 1 03 

.. 

TOO Access: 

Relay NH 1-800-735-2964 

Page No, 

-i-

' 16 

17 
NEW I-IAMPSHIRE RULEMAKING REGISTER 

Notices·ofProposed Rules 

Notice 

Number Rule Number Agency and Short Title of Rule Page No. ~· 

2010-73 Pod 301,303,304, Board of Podiatry 

401, & 403.03 Application and Examination Requirements for Podiatrists 

Applying for LicensUJ·e, Fees, Pmcedure for Renewal of 

Licenses and Procedures for Licensees and Applicants 

Changing Their Home OJ' Business Addresses. 

2010-74 Env-A 600 val'ious Department of Environmental Services 3 

sections and Air Related Programs. 

paragraphs Revisions to Statewide Air Permit System. 

2010-75 Env-A +Wr.44-, ~. Department of Environmental· Services 6 

903.01(b), 907.01(a), Air Related Programs 

1783.91 (a) Amendments Relating to Permit-By-Notification; Determination 

of Actual Emissions for Use in Calculating Emission-Based Fee. 

2010-76 Env-A 2800 .. (Env-A Department of Environmental Services 9 

2802.04 & 2806.04 Air Related Fro grams 

currently Env-A Sand and Gravel Sources; Non-Metallic Mineral Processing 

101.66 & 1710.D4) Plants; Cement & Concrete Sources. 

2010-77 Env-Wq 1200 Department of Environ mental Services 12 

Water Quality and Quantity Programs 

Winnipesaukee River Basin Program Rules. 

Notice of Proposed Interim Rule 

Interim 

Notice 

Number Rule Number Agency and Short Title of Rule Page No. 

(!NT 20 I 0-7) Saf-C 6700 various Depatiment of Safety, Commissioner 14 

sections Interim Various DNA Database Records Rules. 
NEW HAMPSHIRERULEMAIGNG REGISTER July 2, 2010 Page 3· 

Notice Number ·2010-74 Rule Number Env-A 600 • vorious sections and paragraphs 

I. (\gency Name & Address: 2. RSA Authority: RSA 125-C:4, l(d)·(h) &(j) 

3. Federal Authority: 42 U.S.C. §766!a.(d) 

Department of Environmental ServiCllls 

29 Hazen Drive 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

X 

P.O. Box 95 

·Concord, NH 03302-0095 

X 

Readoption · 

Readoption w/amendment X 

5. Short Title: Revisions to Statewide Air Permit System 

6. (a) Summary of what the rule says and the effect of the rule on those regulated: 

The existing rules, Env-A 600, establish a permit system for the construction, operation, and modification of 

new and existing stationary sources, area sources, and devices in order to achieve and maintain' the ambient air 

quality standards in Env-A 300 (established pursuant to RSA l25-C:4, l(b)) and the ambient air limits for 

regulated toxic air pollutants in Env-A 1400 (established pursuant to RSA 125-1:6). The amendments 

proposed to these rules are intended to ( 1) establish a permit-by-notification (PEN) system for non-metallic 

mineral processing plants in lieu of the current general state permit (GSP); (2) clarify that documents imd · 

reports must be filed with DES (i.e, received, not just submitted); (3) clarify the applicability requirements 

for combustion devices; ( 4) clarify the information that must be submitted with an application for a temporary 

permit, a state permit to operate (SPO), or a Tit)e V permit, including that sources which operate air pollution 

control equipment must comply with Env-A 810.01 by including an operation and monitoring plan for that 

equipment with their application: (5) require applications for Minor Modifications of Title V Operating 

Permits to be filed with DES at least 90 days prior to expiration of the Temporary Permit; and (6) merge the 

substance of the section that describes how actual emissions should be calculated (616.01) into Env-A 705.02, 

and replace the text of 616.01 with a cross-reference to 705:02. 

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

Regulat~d entities who· apply for air permits will be affected by the proposed changes. Non-metallic mineral 

processing plants would· be the only group affected at this time by the permit-by-notificationprocess. 

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

implement: 

Rule Section{&· 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:ll,ll&IV;RSA 125-l:5,V;42U.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: 11 .; 

Env-A 607.03 RSA l25-C:4, I(n) 

Env-A 607.06 RSA 125-C:12, I 

Env-A 607.08 RSA 125-C:11, l!; 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 
NEW HAMPSHIRE RULEMAKING REGISTER July 2, 2010 Page4 

NN 2010-74 Continued 

6. (c) · continued: 

Rulc Scctlon(s)_ 

Env-A 608.08 

Env-A 608. I O(n) 

Env-A 608. IO(b) 

Env-A 608,12 

Env-A 609,06 

Env-A 609.07 

Env-A 609.08(a) 

Env-A 609.08(t)) 

Env-A·609.12 

Env-A 609.15 

Env-A 609.18(a) 

State or Federal Statute I Regulation In1nlemonted 

RSA 125-C:ll, Ill; RSA 125-C:l3 

RSA 125-C: 12, '! 

RSA 125-C: 12, IV 

RSA 125-C: II 

RSA 125-C: 12, I; ; 42 U.S.C. §7661 a(b); 40 CFR §70.5 

RSA 125-C:ll, I-n; 42 U,S.C. §7661 b(c); 40 CFR §70.5(a)( I) 

RSA 125-C:ll, I-n; 42 U,S.C. §766lb(d); 40 CFR §70.5(n)(2) 

RSA 125-C: 12, I; 42 U.S.C. §7661 b(d); 40 CFR §70.5(a)(2) 

RSA l25-C:12, I; 42 U.S. C. §7661b(d); 40 CFR §70.5(b)_ 

RSA 125-C:ll, !-a; 42 U.S.C, §7661b(d); 40 CFR §70,7(b) & (c) 

RSA l25-C:l1, 1-a; 42 U.S.C, §7661a(b)(5)(C); 40CFR §70.7(c) 

Env-A 609.18(b) RSA 125-C:IZ, II & IV; 42 U.S. C. §766la(b)(6); 40 CFR §70.7(c) 

Env-A 610,03- Env-A 610.05, Env·A RSA 125-C:6, XIV; RSA 125-C:ll;I & Ill 

610.08, Bnv-A 610.09, Bnv-A 610. 13 

Env~A 610,14;Env-A610.16 RSA 125-C;6, XIV; RSA 125-C:ll, !-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:I2, 1 

Env-A 612.04 RSA 125-C:ll, I; RSA 125-C:l2, I . 

Env-A 612.05 RSA 125-C:ll, I-a; 42 U.S.C. §766la(b)(6); 40 CFR §70.7(e)(2) 

Bnv-A 6l2.06(c), (e), & (f) RSA 125-C:ll, I-a; 42 U.s. C. §766Ia(b)(6); 40 CFR no.7(e)(4) 

Env-A 616.01 RSA 125-C: 12, I 

Env-A 617.01 intro, (a), & (b) RSA 125-C:li,I 

Env-A 617,02 intra, (a), &(b) RSA 125-C:ll, I-a; 42 U.S. C. §7661(2); 42 U.S. C. §7661a(a) 

Env-A 618.05 intra, (b), & (d) · RSA l25-C:11, IV; 42 U.S.C. §§7503(c) & 7511 a(c)(l 0); 

40 CFR §5l.l65(a)(3) 

Env-A 619,05 RSA 125-C:4, JO); 42 U.S.C.§7475(d); 40 CFR §51. 166 

Bnv-A 620.05(d) RSA 125cC:l2, II 

Bnv-A 621.07(a) & (b) RSA l25-C:l2, II 

Env-A.622.04(a) intro & (a)(!) RSA 125-C:l2, II; 42 U.S. C. §7.66ld(a)(l); 40 CFR §70.8(a) 

Env-A 622.06(a) & (b) RSA 125-C:l2, II; 42 U.S.C. §766lb(e); 40 CFR §70.7(h) 

Env-A 624.03(c) RSA l25-C:4, l(a); RSA 125-C:lO-b, l(a) 

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

Name: Karla McManus Title: ARD Planning and Rules Manager 

Address: Department of Environmental Services 

.29 Hazen Drive 

P.O. Box.95 

Concord, NH 03302-0095 

Phone#: 

Fax#: 

E~mail: 

271-6854 

271"1381 

Karla.McManus@des.nh.gov 

,. 

The rules also can be viewed in PDF at 

h tt p:l Ide~ .n h. gov/oJ W' ni zn ti o nl com m iss io ne rl I em11!ru le mald·ng/j nd ex.l1 r m 

TTYITDD Access: Relay NH J-· 

800-735-2964 or dial 711 (in NH) 

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

specified: Friday, August 13,2010 at 4:00p.m. 

· [2JFax i:2JB-mail . 00ther format (specify): 

9,. Public hearing scheduled for: . 

Date and Time: Tuesday, August 3, 20.10, 9:30a.m.- 11:30 a.m .. 

Place: Rooms 1l2-113, DES Offices, 29 Hazen Drive, Concord, NH 
NEW HAMPSHIRE RULEMAKIN G REGISTER .Tuly 2, 2010 Page 5 

NN 20 I 0-74 Contim1ed 

10, Fiscai'lmpact Statement (Prepared by Legislative Budget Assistant) 

FIS 41 1 0:083 , dated 06/21/10 

1. Comparison of the costs of the proposed rula(s) to tho existing rule(s)! 

When compared to th'e existing rules; the proposed rules may result in an indeterminable 

decrease in wsts lor state cili:rens, political subdivisions, a~d Independently owr!ed 

businesses that own or operate a non-metallic mineral processing plant and will have an 

Indeterminable fiscal impact on the air resources fund revenue . 

.2. ·Cite the Federal mandata. Identify the Impact on state funds: 

No feder<JI mandate, no irnpaot on state funds. 

3. Cost and benefits of the proposed rule(s): 

A, · To Stat~ general or State spec:lal funds; 

The proposed rules wl\1 have no Impact on the stale general fund and will have an 

tndetennlnable fiscal impact on revenue to the·alr resources fund. The Department 

estimates th<>re "'"' 1 OD sou roes that meet permitting requirements that do not have 

permits, 19 sources that hold a 'general state permit and 2B sources that hold a state 

permit to operate, The Department assumes the 28 sources h<:>lding a state permit 

to operate does so because the permit addresses more thar:1 non-metallic miooral 

processing, therefore they would not seek a permit by notification, For every'source 

holding a general state permit that opts for a permit by notification, the air resources 

fund revenue would experience a decrease of $1 ,DOD. However, If some portion of 

the approximate 1 DD sources without a permit chose to comply with the simple·r 

permit by notification requirements, the air resource6 fund revenue would increase 

by $'1 ,000 for each new permit. 

B. To State citizens and political subdivisions: 

To the extent a state citizen or pollllcal subdivision owns or operates a non-metallic 

mineral processing plant, they may have a decrease In costs If they choose to optain 

a permit by notlflcatlon versus a generaJstate. permit or state permit to operate. The · 

permit by notification application cost is $1,000 with no emission based fees 

compared to the temporary permit application f~;~e of $2,000 and annual emission 

fees of $130 to $700 !l year rsq1.lired by a general state permit or..state permit to 

oper<J\e. The temporary permit is required prior to obtaining .a general state permit 

or state permit to operate, The Department has no record ot any. political subdivision 

owning or operating a non-metallic mineral processing plant. 

C. To independently owned' businesses: 

To thE! extent an independently ownOJd business owns or op.eratss a non-metallic 

mineral processing plant, they may have a decrease in costs if they choose to qbtaln 

a parmit I:>y notification versus a gen~;~ral state permit or state permit to operate as 

the permit by no\lflc<Ition <Jpplica\lon cost is $1 ;000 with no emission based fees 

compared to application fee for a temporary permit application of $2,000 and annual 

emission fees of $130 to $700 a year required J;Jy a general st01te permit or state 

permit td operate, The temporary permit is required prior to obtaining a general 

state permit or state permit to operate. 

II .. Statement Relative to Part I, Article 28-a of the N.H. Constituti~n: 

The rules do not create, modify, OJ' expand any program in such a way as to require action by political 

subdivisions and so do not reguire any expenditures by political subdivisions, The rules thus do not violate 

Part I, Article 28-a of the N,H. Constitution, 
NEW HAMPSHIRE RULEMAIGNG REGISTER. July 2, 2010 Page 6 

Notice Number .2010-75 Rule Number Env-A702,04, ~. 903.01(b), 907.01 (a), !70J,01(~) 

1. Agency Nnme &. Address: 

Department of Environmental Services 

29 Huzen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

2. RSA Authority: RSA 125-C:4, I(i), (d) & (k) 

3. Federal Authority: 42 U.S.C. §7661n 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption. 

X 

X 

Readoption w/amendment X 

5. Short Title: Amendments relating to Permit-By-Notification; Determination of Actual Emissions for Use in 

Calculating Emission-Based Fee 

6. (a) Summnry of what the rule says and the effect of the rule on those regulated: 

All of the proposed amendments are related to proposed revisions (in separate rulemakings) to Env-A 600 

and EiJV-A 2800 relative to the permitting and compliance requirements for non-metallic mineral processing 

plants (ro,ck-crushing plants). · 

Env-A 700 establishes the permit fee system for permits issued pursuant to Env-A 600. The proposed 

amendments to Env-A 700 are intended to (1) add a fee for a permlt-by-notification/PBN) (Env-A 702.04), 

and (2) replace the cross-reference to Env-A 616 (for purposes of determining actual emissions to use to 

calculate emission-based fees) with a specific list of the types of data that can be used for the calculations 

(Env-A 705.02). 

Env-A 900 establishes recordkeeping and reporting requirements, The proposed amendments to Env-A 

·903.01 would exempt PEN facilities/devices from the recordkeeping requirements and clarify the exemption 

for certain other devices, The propose~ amendment to Env-A 907.01 would exempt PBN facilities/devices 

from the annual emissions report requirements, 

Env-A 1700 establishes permit application forms. Env-A 1703,01 is proposed to be amended to exclude 

PBN facilities from having to use the forms. (Env-A 1710,04 is proposed to be readopted with amendment 

as Env-A 2806.04 in.a separate rlilemaking to replace the current general state permit·for nonmetallic mineral 

processing plants with the PBN:) ' 

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

Owners and operators of nonmetallic mineral processing plants would be the only group affected at this 

time by the proposed rules. 

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

implement: · 

Rule Section(s} State Statute(s) Implemented ~~ J)'ederal Statnte(s) Implemented 

Env-A 702.04 RSA 125:C:4, I( a), RSA 125-C:l2, IV· 

Env-A 705.02 RSA 125-C:J2, I· 

Env-A 903.0l(b) RSA I 25-C:6, XI 

Bnv-A 907.01(~ RSA I 25-C:6, XI CAA Sec, 182 

Env-A 1703,0l(a) RSA 125-C:l2, I 
NEW HAMPSHIRE RULEMAKING REGISTER July 2, 2010 Puge 7 

NN 2010-75 Continued 

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

Name: Karla McManus Title: · ARD Planning ancl Rules Manager 

Address: Deportment of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

. The rules also can be viewed in PDF at 

Phone#: 

Fax#: 

E-mail: 

http:l/cles.nh, gov /onjHriization/commi ssi ooer/legt> llrlll ernaki n g!i ndex .htrn 

271-6854 

271 "1381 

Karla.McMamw@des.nh.gov 

TTY/TDD Acce.ss: Relay NH 1-

800-735-2964 or dial 711 (in NH) 

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

specified: · Friday, August 13,2010 at 4:00p.m. 

[Z)Fax [ZJB-mail 00ther format (specify): 

9. Public hearing scheduled for: 

Date and Time:· Tuesday, August 3, 2010, 9:30a.m.- 11:30 a.m. 

Place: Rooms 112-1.13, DES Offices, 29 Hazen Drive, Concord, NH 

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

FIS # 10:084 , dated 06/21/10 

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

When compared to the existing rules, the proposed rules ma:y re>»ult in an Indeterminable 

decrease In costs for state citizens, political subdivisions, and independently owned 

businesses thai own or operate a non-metallic mineral processing plant and will have an 

indeterminable fisc~! impact on the air resources fund revenue. ·. 

;!. Cite the F;ederal mandate. Identify the impact on smte funds: 

No federal mandate, no impact on stale funds. 

3. Cost and benefits of tile proposed rule{s); 

A. To State peneral or Stale special funds; , 

The proposed rules will have no impact on the stale general fund and will have an 

Indeterminable 11soallmpact on revenue to the air resources fund. The Department 

estimates there are 100 sources that meet permitting requirements that do not have 

permits, 19 source$ that hold a general state permit and ZB sources that hold a state 

permit to operata. The Department assumes the. 28·sourca"' holding a state parmi! 

to operate doss so because the permit addresses more than non-metallic mineral 

processing, therefore tho;.y would not seek a permit by notification. For every source 

holding a general state permit that opts for a permit by notification, the air resources 

fund revenue would experience e decn)ase of $1,000. However, If some portion of 

the approximate 1 OD sources without a perm II choae to comply with the aim pier . 

perm II by notification req uiramsnts, the air resources fund revenue would increase 

by $1 ,ooo for each new permit. 
NEW HAMPSHIRE RULEMAKING REGISTER PageS 

NN 2010-75 Continued 

(Item I 0. continued) 

13. To State; citizens and political subdivisions: 

To the ex:tent a state oltlzen or political subdivision owns or operates a non-metallic 

mineral processing plant, th<:>y may have n dearaaae in costs If they choose to obtain 

a parmi! by notification versus a gener£ll state permil or state permit to operate. The 

perml1 by notlflnatlon applioation oost Is $1 ,ODD with no emission based. fees 

compared to the temporary permit application fee of $2,000 and annual amb;aion 

fees of $1 SO to $700 a year required by a general state permtt or state permit to 

operate. The temporary permit Is required prlor to obtaining a general stE'lta permit 

or s'tine permit to operate, The Dep~;~rtm~rt has no record of' any political subdivision 

owning or operating a non-metallic mineral processing plant. 

C. ·ro Independently awned businesses: . 

To the ex:tent ·an lnd<:>pendently owned business owns or operates a non-metallic 

mineral processing plant, they may have a decrease In oo$\s ff they choose to obtain 

a permll by notification versus a general state permit or stele permit to operate as 

the penn it by notification application cost is $1 ,ODD with no emission basad fees 

compared to· application fee for a temporary permit application of $2,000 and annual 

emission fee$ of $130 to $700 a YIJ<Ir required by a general state permit or state 

permit to oper<Jte. The temporary permit Is required prior to obtaining a general 

state permit or stale permit to operate. · . 

II, Statement Relative to Part I, Article 28-a of the N.H. Con'stitution: 

The proposed rules do not create, expand, or modify any program or responsibility in such a .;ay as to · 

necessitate additional local expenditures by political subdivisions. The rules thus do not violate Part], 

Article 28-a of the New Hampshire Constitution. 
NEW HAMPSHIRE RULEMAKING REGISTER July 2, 2010 Page 9. 

Notice Number 2010-76 Rule Number 

Env-A 2800, Env-A 1 0.1,166 (readopted with 

amendment ns Env-A 2802.04), and Env-A 1710.04 

(readopted wl.th amendment as Env-A 2806.04) 

I. Agency Name & Address: 2. RSA Authority: RSA !25-C:4, l(a) 

Department of Environmental Services 

29 Hazen Drive · ' 

P.O. Box 95 

Concord, NH 03302-0095 

3. Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

X 

Readoption X. 

Readoption wlamendment X 

NIA 

5. Short Title: Sand & Gravel Sources; Non-Metalliq Mineral Processing Plants; Cement & Concrete Sources 

6, (a) Summary of what the rule says and the effect of the rule.on those regulated: 

Env-A 2800 currently establishes particulate matter, visible emissions, and fugitive dust standards for 

cement/ concrete sources and for sand/gravel·sources, including those at which such materials are subject to 

crushing or grinding, The rules are proposed to be readopted with amendments to (I) distinguish sources at 

which non-metallic minerals are subject to crushing or grinding ("non-metallic mineral processing plants") 

. from other sand & gravel sources; (2) separate the particulate matter and visible emissions standards for 

non-metallic mineral processing plants from those for other sources; and (3) establish a permit-bynotification (PEN) for non-metallic mineral processing plants to replace the General State Permit (GSP) 

option. As part of the proposed revisions, .Env-A J 01,166 (definition of "~and and gravel source") is 

proposed to be readopted with.amendment as Env-A 2802.04, and Env-A 1710.04 (previously the GSP 

application form for non-metallic mineral processing plants) is proposed to be readopted with amendments as 

Env-A 2806.04. · 

Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A 1700 are being proposed ·in separate 

rulemaldngs. 

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

Owners and operators of nonmetallic mineral processing plants wmild be affected by the proposed changes to 

these rules. · 

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

implement · . 

Rule Section(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, I(a), RSA l25-C:6, ll 

Env-A 2802 RSA 125:C:4;l(a), RSA 125-C:6,ll 

Env-A2803 RSA 125:C:4, l(a), RSA l25-C:6, II 

Env-A 2804 RSA ·125:C:4, l(a), RSA J 25-C:6, II 

Env-A 2805 RSA 1 25:C:4, l(a), RSA 125-C:6, II 

Env-A 2806 (also see specific section, below) RSA 125-C:l J 

Env-A 2806.06 RSA 125-C:l2, IV 
NEW HAMPSHIRE RULEMAKING REGISTER ,July 2, 2010 Page 10 

NN 2010-76 Continued 

7, Contact person for copieR und questions including requests to accommodate persons with disabilities: 

Name: Karla McManus 1 

Title: ARD Planning und Rules ly!anager 

Address: Department of Environmental Services Phone#: . 271-6854 

· 29 Hazen Drive 

0 B 95 Fax#: 271-1381 P, , ox 

Concord, NH 03302·0095 E-mail: Karla,McManus 

The rules also can be viewed in PDF at TTY/TDD Access: Relay NH J800-735-2964 or dial 71 I (in NH) lilln:/ I cles, nh ,go v /orunn i%a t i on/commi '' i o ner/1 egn Jll·u lema king/index, htm 

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

specified: Friday, August 13, Z010 at 4:00p.m. . . ( ' 

[Z]Fnx l8]E-mail 00ther format (specify): 

9, ·Public hearing scheduled for: 

Date and Time: Tuesday, August:3, 2010,9:30 a.m. -11:30 a.m. 

Place: Rooms 112·113, DES Offices, Z9 Hazen Drive, .Concord, NH 

J 0, Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FJS # ---=lc.::.0:"'-08::.::5'-- , dated 06/21/1 0 

· ..: ·,.. i . 

1. Comparison of the costs or the proposed rule{~;) ttrthe existing rule(s): · 

· When compareC1.1D•Irle existing rules, the proposed rules .will have an lndetermlna~Je, 

fiscal impact on costs to state cl!lZens, political subdivisions, and independently O!NT)eQ 

businsssEui that own or operate a non-metallic mineral processing plan\ and on the i!.jf' .. rasa urces fund revenue. ' 

2. Cile the Federal mandate. IdentitY tht:~ impact on state funds: 

No federal mandate, no impact on state funds; However, nonmetallic mineral processing 

plans built after August .31, 1983 are subject to the requirements contained In 40 CFR 

60, subpart 000, · 

3, Cost and benefits of the proposed rula[s): 

·ro the eXtent a state oltlzen, political subdivision, or an indepsndently owned 

business owns or operates a non"metallicmineral processing plant, they may have a 

d!1lcrease in costs if they chovse to obtain a psrmtt by notification versus a genernl 

state ·permil or stale permit to .. operate. The permit by notification application cost is ' 

'$1 ,OOO·With no emission based fees compared to the temporary permit application " 

'fee of $2,000 and annual emission fees of appro;dmately $500 a year required by a 

. general state permit or state permit to operate. The temporary permlt Is required 

prior to obtaining a genernl slats psrmit or state permit to operate. The Department 

has no record of any political subdivision owning or operating a non·metalllc mineral 

processing plant 1 · 

However,'lf a plant was lnstailed prior to August 31, 1963, !he propoaad rules will 

lmpose an stlditlona\ cost of testing to demonstrate compli~nce with !hs particulate 

matter and visible emission l!tandards, For a large plant (24 emission points) the 

cost of testing is appr.oximately. $3,500 and for a. small plant (5·6 emission points) 

the cost of testing is approximately $1,500. · 
NEW HAMPSHIRE RULEMAKING REGISTER July 2, 2010 Pnge 11 

NN 2010-76 Continued 

(Item 10. continued) 

A. To State general or State special funds: 

, The proposed rules will have no impact on the state general iund and will have an 

lndetarmina):lls fiscal impact on revenue to the air reaourceB fund. The Department 

estimates there are 1 DO sources that meet permitting requirements that do not ha'.(e 

permits, 19 sources that hold a general state permit and 28 BO\-Iroes that hold a state . 

permit to operate. The Department assum(ls the 28 sources holding a state permit 

to operate does so because the permit addresses ·more than non-metallic mineral 

prooessing, therefore they would no1 seek a 'permit by notification. For ever.y source 

holding a general state permit that. opts for a permit by notlfloatlon, the air resources 

furu;l reven·ue would experience a decrease of $1,000. However, If some portion of 

the approximate 1 DO sources without a permit chose to comply with the simpler . 

permit by notlfica·tion requirements, !he air resources fund revet') us would inr:rease 

by $1,000 ior each new permit. · 

B. To State cltl:.:ens and political subdlvis.ions: 

See 3 above . 

. C. lo independently owned businesses: 

· See 3 above, · 

II. Statement Relative to Pa1t I, Article 28·a of the N.H. Constitution: The proposed rules do not create, 

expand, or modify any program or responsibility in such a way as to necessitate additional local expenditures 

by political subdivisions. The rules thus do not violate Part I, Article 28-a of the New Hampshire · 

Constitution. 
ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF 

LEGISLATIVE SERVICES 
Added text in bold italics 

Deleted text &true!< threuglt 

to 500 hours per year or less by an enforceable permit condition; 

Initial Proposal 06-07-10 2 

(2) An emergency generator exempt from Env-A 1211.11 pursuant to Env-A I21I.O I (j); or 

(3) Reek aes stoee erBshieg eqBipmeet A non-metallic mineral processing plant equipped with 

dust suppression controls operated to prevent, abate, and control the emission of fugitive dust. 

Readopt with amendments Env-A 606.03, eff. 4-26-03 (doc. 117879), to read as follows: 

Bnv-A 606.03 Responsibility for me-Conducting e#-ll!e-Air Pollution Dispersion 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 sHtmoit tefile with the department as part of the permit 

application one of the following..ffifefmalioo: 

(a) A request thatthe department conduct an air pollution dispersion modeling impact analysis; or 

(b) The results of an air pollution dispersion modeling impact analysis. 

Amend Env-A 607.01, eff. 4-26-03 (doc. #7879), as amended 7-28-04 (doc, #8129), as amended 4-22-09 (doc. 

#9462), by rEWiffll;; Env-A 607.01 intra, (a) through (d), and (x), to read as follows: . ##lt:A,Z r '!.J' . . Bnv-A 607.01 Specific Applicability for Temporary Permits. The owner of a new or modified stationary 

source, area source, or device speeWed bel ov/ ?h"all obtain a temporary permit in accordance wHh the 

provisions of this chapter prior to the construction or installation of the source or device if the source or 

device is any of the following: 

(a) An external combustion device usieg eatural gas, 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); 

(2) LHquefied petroleum gas,; 

· (3) Distillate weight liquid fuel, including but not limited to #2 fuel oil, or diesel fuel oil,; or 

(4) A any combination merest, of (I) through (3), above; with a ElesigB ratieg greater'thae or 

'*!Hal te I O,OOQ,OOO Britis!HheFmal ueits (BTUs) per hour of grass h~ 

(b) An external combustion device tl!lffig with a design gross heat input greater than or equal to 

4,000,000 BTUs per hour that combusts #4 fuel oil; with a ilesign ratieg greater thae or e~ual te 4,000,000 

BTUsperhs~ 

(c) An external combustion device using eoal, weed, with a design gross heat input greater than or 

equal to 2,000,000 BTUs per hour that combusts: 

(I) Solidfuel; 

(2) Residual weight liquid fuel, including but not limited to #6 fuel oil,; 

(3) Uused oil as defined in Bnv-A 101.209;; or 

( 4) A any combination merest, of ( 1) through (3), above; wilh-a-lleffi.ge-ratieg greater thae er 

e~aal to 2,000,000 l3TUs per hour of gross fleaHA!Hlti 

. (d) One or more internal combustion ffitgifles, BllBlHdieg any HBit with a design ratieg less thae er 

e~ual to 150,000 l3TUs per fieur of gross heat input;-devices at a source whish either where: 

(I ) Each device cGombusts liquid fuel oil and has a design gross heat input greater than 

150,000 BTUsper hour, lor whieh and the combined total design gross heat input for a\1 such 

-----------·--------~ 
Added text in bald italics 

Deleted text -k-tllfellglt 

Initial Pmposal 06-07-10 3 

engines-devices is greater than or equal to 1,500,000 BTUs per-hour; ai' 

(2) Each device cGombusts ~aseous or liquefied propane gas fuel and has a design 

gross heat input greater than 1,500,000 BTUs per hour, ffii'-Whffio-and the combined total design 

gross heat input of all such engiooa-devices is greater than or equal to I 0,000,000 BTUs per hour; 

"" 

{Jt---Has-ll!E!fotent-ial-!B-emil-<my-si+lg~eiJHta~!Jn all-lHljeHilH';r-eater than 25 tons 

PS!'-J'OOf+ (e,l") • N "'7 .fAll· If jt 'J-~'!r, · ,/ 

' . <f'- (,...-4"' f~ ~d. 7P!e:.-

l no change to paragraphs (e) through (w)) ,PF&'<!'A.t't! .,/ ~ ;/<Jr /Ut"'#Ar r4i-r 

(x) A stationary source or device subject to the rules governin_g reasonably available control technology , 

(RACT) as contained in: · (!"" (-(w) t?-'t"' 4t-/ ,ll,p-'.1'-?,;C-~,.:r "'"'M"' tf...-.,z, 4..?ff 

(1) EIIV-A 1204 or successor rules ii< Env-A 1300,jor NOx emissions; or L..- _,. ,:'; A r ..- ~/ , ,.,. """""'? , ~'*""'..,..?" n. ' 

(2) Env-A 1200for VOC emissions, except for any source whose solvent metal cleaning 

o erations have combined actual emissions of Jess than 5 tons of VOCs per year; 

I no change to paragraphs (y) through (ud 

Readopt with amendments Env-A 607.02, ejj. 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 if it is reoeived by:filed 

with the department prior to the construction or installation of a new or modified source or device. 

(b) For the reissuance of a temporary permit, an application sha11 be considered timely if it is 'reeei-ved 

by-filed with the department at least 90 days prior to the designated expiration date of th~ temporary permit. 

\ . 

Readopt with amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read as follows: 

Env-A 607.03 Application Procedures for Temporary Permits. An application package for a temporary 

permit shall include the following: · 

(a) The information specified in Env-A 1703 through Env-A 1708, as applicable; 

(b) Any adfli1'ioaal information roqHesteEl by tile-<l"f*H'!ment-i&erfler..fer tile department to deem-#Je 

applieation somplete; 

(eb) The fee(s) specified in Env-A 702 through Env-A 705, as applicable; 

(<lc) For a major source, all-information specified in Env-A 1709; 

(ed) For a major source of hazardous aif pollutants subject to ll2(g) of the Act, all information required 

pursuant to 40 CFR 63.43(e); 

(f.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; aHtl 

(gf) For a source subject to RSA 125-C: 10-b, the information required pursuant to Env-A 6247; 

(g) Proof of source ownership or permiiisible use, as specified in EIIV-A 605. 02,· 

(h) For a source with air poilution control equipment as defined in Env-A 101.17, an air pollution 

control equipment monitoring plan or catalyst management-plan pursuant to Env-A 810.01; and 

(i) If a plan is not required pursuant to Env-A 810,01, a description of the monitoring the source 

intend., to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and 

permits, as specified in Env-A 810. 02; . 
Added text in bold italics 

Deleted text stmelc throHgh 

b. The emissions resulting from the change; and 

Initial Proposal 06-07-10 16 

c. Any new applicable requirements that will apply if the change occurs; 

(3) The owner or operator's suggested draft permit conditions; 

(4) Certification by a responsible official, consistent with the provisions of Env-A 605.04(b}, that 

the proposed change meets the criteria for the use of the significant permit modification 

procedures; 

(5) A request that significant permit modification procedures be u~ed; 

(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; and · 

(7) The fee(s) specified in Env-A 702 through Env-A 705, as applicable. 

(e) 'An application for a significant modification to a title V operating permit shall be deemed complete 

by the department within 60 days of reooipt-By-the-<lepa-effi-its filing, unless the department requests 

additional information or otherwise notifies the applicant of incompleteness. 

(f) The department shall take final action on a request for significant permit modification no later than 

9 months after reeelf*thefiling of a complete application provided that: 

(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 

huve been satisfied; 

(3) The conditions of the permit provide for compliance with all applicable requirements of title. 

V of the Act and all applicable requirements of Env-A 300 fl gg.; and 

(4) The EPA has received a copy of the proposed permit and any notices required an.d has not 

objected to issuance of the significant permit modification within the ti'me period specified in EnvA 609 .. 13(b). $ . . 

· Readopt with amem!JidRT Env-A 616, eff. 4-26-03 (doc. 1/7879), to read as follows: 

PART Env-A 616 DETERMINATION OF ACTUAL EMISSIONS 

Env-A 6'16.01 Determination of Actual Emissions. far The department owner or operator of a 

stationary source, area sou~ce, or device shall deterrillne the actuai annual emissions from s-tati-enary-soo-FC-e&; 

ar-elrthe source&; or devices ffi.this part \Jy using: as specified in Env-A 705,02. 

(1) EPA's Compilation of Air PellmaHt Emission Faetors, AP 42, as re,•ised, incorporates lleroiR 

by-refereaee, in eonjunetioo With the operating eoREJitions speeified OR any permit issued pufsuaot 

to this ehaptef; 

(2) Test methoos appro',•ed \Jy the department pUrsHant to Bnv A 802 Of BFA in eanjunetion-wilh 

tlle opefating conditioRS-Spee#'ieEI-<ln aoy permit issues pufsuant te teis ehaprer, 

(3) Reparted-tesH!ata in eoAjunetion with the-epeFatiRg-eooditions specified OB-C!f!J'-Peffflit issuoo 

jffifs.uant to t!Jis chapter, •Nhere sueh test satCl-WflfrOOlleeted througH the use of test-methods 

apprs,•ed by tfie department pursuant to Env A 802 or Bnv A 809 or BFA; of 

(4) Engineering ealeulations, sueR as mass balanee ealeBiations, in eeAjunetion witH the operating 

oeaditions speeified on any pefmit issued pursuant to this ehapter. 

tl>)-As-an-allerootive to (a), al>ove, tRe-ewHBHlHlpeffil~tiltionary source, area sou'ree, or-devtee 

ffitij4letermine-lts-aetual-emis&ie~sing either: 

f.J-)--Arremission faG!er;-1-est-method-er-etheHeJlOFted test data-ap~e-<lepaTtme!lHH 
Added text in bold italics 

Deleted text st¥Hs!Hlu'0llgh 

Initial Proposal 06-07-10 17 

aBOO!'flilnee-wltll-( a) , a 13 8 v e, i A-Beeful1eti<lf!-Wlte-tfle-Bper'flftllg-<Jel*iltiefll;-&peeJ.f""Ei-<HHH!J'iler-mit 

i&S\lefl..pur<Hlant-te-t1~teJT& 

t:l)--A-Fr8ther tost me!Jree appreved e)' the d"fllH'lment pursuant to Eev A 809 81' EPA in e8Rjuneti<m 

wHH-!He-epet'ating sondit~eoifieEI en any permit issHeEi pUf!l1Jant-!e-l!H5-elwflter. 

te)-T-Ite-<lep-ent so all review a 11-t"'flerlS-aM-determinatieB!Hlf-ae!OOJ-omissi ens suamitted -!e-tlJe 

Eiepar-trnsm-by--!fle-Bwnsr 8r GjleffiteF-Gf-a..otaHef!fH')'-OOuree, area SBllf&&,-Bt"d<WietH'eF-B""'""'ey-t!f!Ei 

€effiJ"lets""'*" · 

Amend En.v-A 617.01 imro, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.01 Exception to Obtaining a Temporary Permit or State Permit to Operate. Notwithstanding 

the provisions ofEnv-A 603.0l(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 of the following conditions are met: 

(a) The owner of an existing stationary source; area source, or device suemitsflles a written request \8 

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 of a research and development operation according to the requirements found in 

(c) through (e), below; 

(b) The owner of a new stationary source, area source, or device w1Jmit!e4-filed a written request \8 

with the department prior to the construction, installation, or operation of the stationary source, area source, or 

device to treat the stationary source~ area source, or device as a research and development operatiOn, and h~s 

received a written determination from the department that the stationary source, area source, or device meets 

the definition of n research and development operatiori According to the requirements found in (c) through (e), 

bela · 

(no change to (c) through (e)) 

Amend Env-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 617.02 Exception to Obtaining a Title V Operating Permit. Notwithstanding the provisions of 

Env-A 603.01 (a) or(b), a title V operating permit shall not be required for any research and development 

operation provided that all of the following conditions are met: 

(a) The owner of an existing stationary source, area source, or device suemitsfiles a written request \8 

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 source1 or 

device meets the definition of a research and development operation according to the requirements found in 

(c) through (q), below; ' · . 

(b) The owner of a new stationary source, area sou.rce, or device Sllbmits-flles a written request \8-with 

the department prior to the construction, installation, or operation of the 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, or device meets 

the definition of a research and development operation according to the requirements found in (c) through (g),· 

bela · '· . . 

{no change to (c) through (g)) v;.... /1 • .J • 

. 05 intra, (b), and (d), eff. 4-26-03 (doc. #7879), to read as follows: 

Env-A 6!8.05 Procedure for Acquiring and Implementing Emissions Offsets. Emissions offsets shall be 

acquired and implemented fn accordance with the following procedure: 
Added text in bold italics 

Deleted text fi\Rl€k--tftfeBgh 

Initial Proposal 06-07-10 18 

(b) A new or modified source obtaining offset(s) from sources outside New Hampshire shall ffilt>mi!-le 

file with the department documentation verifying that the offset d6nor source(s) has obtained a federally 

enforceable permit, or othm: 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 of this section shall be sulm1itle6-filed as part of 

the permit application, as required under Env-A 600; and 

Readopt with amendmentEnv-A 619,05, elf 4-?6-03 (doc. #7879), to read as follows: 

Env-A 619.05 Department Review. 

(a). Within 30 days of receipt of an application, t'l'he department shall notify ;m-the applicant witftffi 

3ll-flays-Bf-reeeij'Hlf.\he-<IJ'I'li6flffinr,-as to the completeness of the application or any deficiency in the 

application or information submitted. 

(b) In the event of a deficiency in an j36l'l'Rit-application, the date of reeeif*-filing of the application/or 

purposes oj(c), below, shall be the date on which the department receives all required information, 

(c) Within one year after ~he filing of a complete application, the department shall make a final 

determination of whether construction should be approved, approved with conditions, or disapproved, in 

accordance with the provisions of 40 CFR 52.2IU)- (p). 

Amend Env-A 620.05(d), elf 7-28-04 (doc. #8129), cited and to read ciS follows: 

Env-A 620.05 Decisions. 

C [nochangeto(a)·~ rf't"" /'·-} 

(d) In the event the department determines that additional information is necessary to make an 

informed decision, the department shall request such information and oftal.l-issue a decision in accordance with 

(a)( I) or (a)(2), above, within 15 days of receiving such information. · 

Amend Env-A 621.07(a) and (b), elf 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 621.07 Public Access to Information. 

(a) If the applicant is not a municipality, the applicant shall nWmif-flle 2 copies of the permit 

application ~&with the department. 

·(b) If the applicant is a municip,ality, the applicant shall slllmffi-file one copy of the permit application 

!e with the de artment and shall make another copy .available to the public for review. 

{no change to (c)- (e)) 

Amend Env-A 622.04( a) intro and (J ), elf 7-28-04 (doc. #8129), cited and to read as follows: 

Env-A 622.04 EPA Review. 

(a) The department shall provide the following to EPA: 

(I) A copy of the permit application or, upon agreement with EPA, a summary thereof, unless the 

applicant has sabmitteafiled a copy of the permit application !&with EPA pursuant to Env-A 

609.06(d); . 

-change to (u)\2)-(4) or(~ 
Added text in bold italics 

Deleted text affimk-lllfeuglj 

Initial Proposal 06-07-10 19 

Amend Env-A 622.06(a) and (h), qff. 7-28-04 (doc. 1181 29), cited and to read as follows: 

Env-A 622.06 Public Access to Information. 

(a) When applying to the department for a permit or permit modification, the applicant shall aoomit 

file 2 copies of the permit application !e-wlth the department, except as noted in (b), below. 

(b) If the applicant is a municipality, the applicant shall &OOmit-file one copy of the permit application 

I.e-with the department and shall make another copy available to the public for review. 

I no change to (c) or (d cr.-e. f"J , J 

Amend Em•-A 624.03(c), eff. 6-8-06 (doc, #8654), cited and to rec!d as follows: 

Env-A 624.03 Permit Application Required. 

~[T!Ochange to (a) or (IJ,)j cf'u ;t r.J . 

· ~ wner or operator of a source subject to (b), above, shall malre-file a timely application for and 

obtain a title V operating permit or amendment thereof in accordance with Bnv-A 609 or Bnv-A 612, as 

applicable, for the continued operation of that source. 

APPENDIX 

Rule Section(s) . State or Federal Statute I Federal Regulation Implemented 

Env-A 603.0 I 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 CPR §70.6(d) 

Bnv-A 606.02(b); Env-A 606.03 RSA. 125-C:11, II & IV; RSA 125-1:5, V; 42 U.S.C. §741 O(a)(2)(K) 

Bnv-A 607.01 intra, (a)-( d), (x) RSA 125-C: II 

Env-A 607.02 RSA 125-C:1l 

Env-A 607.03 RSA 125-C:4, I(a) 

Env-A 607.06 RSA 125-C:12, I 

Bnv-A 607.08 RSA 125-C: II, II; RSA 125-C: 13; 40 CFR §52.21 (r)(2) 

Env-A 607.10 RSA 125-C: 11 

Env-A 608.01 - Bnv-A 608.02 RSA 125-C: II 

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 608.1 O(a) RSA 125-C:12, I 

Env-A 608. I O(b) RSA 125-C:12, IV 

Env-A 608.12 RSA 125-C:Il 

Bnv-A 609.06 RSA 125-C: 12, I;; 42 U.S.C. §7661a(b); 40 CFR §70.5 

Env-A 609.07 RSA 125-C:11, 1-a; 42 U.S.C. §766lb(c); 40 CFR §70.5(a)(l) 

Bnv-A 609.08(a) RSA 125-C:11, l-a; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.08(b) RSA l25-C:l2, I; 42 U.S.C. §7661b(d); 40 CFR §70.5(a)(2) 

Env-A 609.12 RSA 125-C:l2, I; 42 U.S. C. §766lb(d); 40 CFR §70.5(b) 

Env-A 609.15 RSA 125-C:ll, I-a; 42 U.S.C. §766lb(d); 40 CFR §70.7(b) & (c) 
Added language in bold italics 

deleted language struek tlweuglt 

opt Env-A 702.04 to read as follows: 

Initial Proposal 06-07-l 0 

nv-A 702.04 Permit-by-Notification Fee. The owner or opemtor of a stationmJ> sour e, area 

source, r device that applies for a permit-by-notification pursuant to Env-A 603.02 shall 1bmit to the 

departme a fee of $1,000 with the permit application. 

Readopt with 1endments Env-A 705.02, eff. 6-26-04 (doc.#8Jll), to read as follows: 

Env-A 705. Determination of Actual Emissions for Use in Calculatin 

(a) The dej~~-l-frfl€1.-al+-owner or operators of a stationary source, ·ea source, or device 

n-basedfee shall determine actual annurtl emiss· ns itraeooffiaRoo-wit!Hhe 

eulating emission based fees. b using: 

(1) Emissions l a ft·om a certified gaseous CEM syst 111 meeting the requirements of 

Env-A 808, which in udes substitute data in accordm e with Env-A 808.13for each period 

for which the CEM sy 'Ill did not collect valid datw 

(2) Emission factors bas I on emissions data ·om the most recently conducted compliance 

method stack testobserveda~l appr~ver!by a .depa~tmentpr~rsuantlf! Env~A802 orEnv:A 

W~~E~· tft,?~w~ff!(0;Y%"f~;;JJJi u!d:tl'l,·kliii'.q{l(ilf:Ff.e!!iliiZ?!;~:~'Pf,'PJJi~[4i'i!\?Ni1Ni:Tii!i1Ji~'iJ.i?-

(3). Emissio/ls c1tlculated from a 111 . .••. s balanceo{theprocess,.llicoltjunction with the 

lm.en,ti!iii£-q!!drtl.eiJrlP'i~ifl.~!l'lH:t!i · .. li~ .• 'i1t''le!c lili;~(i~rl~~Jssi;'?d pgrs.aant.Jo Env-A, 6.0.~; 

(4) Emission factors based 01 altemate e issions data guaranteed by the manufacturer of 

the device, certified by EPA a accurate forth device, or collected during a stack test of an 

identical device that was no observedb,)lthe dep rtment, that /!wet~ all otheracceptance 

criteria specified in (2), a. o~e,, in.conjlmction with heoJJerati£fg(/Qj}{ilii'lj1,$.~]/{c.'i/z.~i{]~'i.tk!! 

]kf.;!l/iJJifJf!jg [ii§}j.f}!};i§ 'Jgl[p]k; ua nt to Jlny~A WO; 

(5) AP-42, Fifth dition, "Compilation of Air Pollutm Emissioil Factors, Volume I: 

StationmJ> Point nd Area Sources", publish~din199.5 by. , .. e EPA,as supplemented from 

1996- 2000 an ... · updatetlfrom 2001~2009, ]f.z$ol!}'~!'ction. wit the o]/g~~f.i!i'i£tl}!!iifiTqiz~ 

~/Jc~f/ie~iiil;(i ~i'P.arn1!{1~f~[l(;.ii¥i}iii?li~~i~'f.'c[.i!_~rsuant toEny~A . OQ; or 

,(,q)., , •. §/I ·"'~~~:in g car c ulf.'! i~!!S,,!,{' ~!.~~:~ .. [!" J{!,~S,!f.nt,~~~ ~.e. f! f)! I~ f!f~.'',{{, c !!1(~~ i,?,~l~. {!~~~'!.~Wed, !i! 

conJl!ll ··. l0/1 wtthtlte. operatmgc<;(}ll/(l!!'.!ll§;iSJ!f!.C.ifkr(Jn}]te;permJ(![Pt· .. e.fl~vrce;{~'Sueif 

P.llrsi'ulltit9Erzv-A6.00. 

(b) If he emissions calculated pursuant to (a), above, are determined to be less th n one ton per 

year, then t e owner or operator shall calculate the emission-based fee using an emission-ba d multiplier 

of one to per year. 

c) A description ofthe method used for calculating actual emissions shall be submitted t the 

de ttment with each fee payment. 

Amend Env-A 903.01 (b), eff. 4-21-07 (doc. #8872), cited and to read as follows: 

Env-A 903.01 Applicability. 

(b) The owner or operator of a-any of the following sources or devices that is nel-frulljeet te Env A 

600,.-k;t whish is loeated at a seHree that is sHbjeet to Env A eGO, shall not be required to comply with the 

requirements of this part with respect to that device,: 

Edit. Subparagraphs (2)-(6) might be clearer if the identical highlighted language in those subparagraphs 

was moved into a new (2) which would become introductory language for the current (2)-(6). 
Added language in bold italics 

deleted language st!'Hel<-tlmmglt 

Initial Proposal 06-07-10 

(1) A device tit at is not subject to Env-A 6(111, hut ll'!ticlt is loCI/ted at a source tit at is 

subject to Env-A 6011; or 

(2) A source or device tltat is operated pursuant to a permit-by-notification issued 

pursaant to Env-A 603.02. 

Amend Env-A 907. OJ (a), eff. 4-21-07 (doc. #8872). cited and to read as follows: 

Env-A 907.01 General Reporting Requirements. 

(a) The owner or operator of any stationary source, area source or device subject to Env-A 600, 

2 

excluding 11 source or device operated pursuant 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. 

Rule Sectiou(s) 

-

Env-A 903.01(b) 

Env-A 907.0l(a) 

\ 

Edit. As a non-expiring rule, this will need to be moved to a 

separate page at or before the time of adoption. 

APPENDIX 

State Statute(s) Implemented Federal Statute(s) Implemented 

. ' ' ' 

' RSA 125-C:6, XI 

RSA 125-C:6, XI CAA Sec. 182 

A 125 G: ' 
Added language in bold italics; Initial Proposal 06-07-10 

deleted language struek throttglt Edit. "Change" (this comment applies throughout the proposal) 

Revis ec1ding of CHAPTER Env-A 2800 as follows: 

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES,; NON-METALLIC MINERAL 

PROCESSING PLANTS; AND-CEMENT AND CONCRETE SOURCES 

Statutory Authority: RSA 125-C:4, I 

{ie~i~e the heading of PART Env-A 2801 as follows: 

PART Env-A 2801 PURPOSE AND APPLICABILITY 

Readopt with amendments Env-A 2801.01, e.ff. 11-24-04 (doc. 118218), to read as follows: 

Env-A 2801.0 I Purpose. The purpose of this chapter is to establish: 

(a) Sstandards for particulate matter emissions and visible emissions for sand and gravel sources, 

non-nwta/lic nzineral 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/or non-metallic mineral processing plants. 

Readopt with amendments Env-A 2802.01, e.ff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A 2802.01 2801.02 &OO)'!&Applicabilitv. This chapter shall apply to any: 

(a) Sand and gravel source; aua 

(b) Non-metallic mineral processing plant; and 

(B-e) Cement, ready mix concrete, or cement block source. 

f?.e]!is§ the heading of PART Env-A 2802 as follows: 

PART Env-A 2802 £COPE DEFINITIONS 

Adopt Env-A 2802.01 through Env-A 2802.03 to read as follows: 

Env-A 2802. OJ "Affected equipment" means each crusher, grinding mill, screening operation, 

bucket elevator, belt convey01~ bagging operation, storage bin, and enclosed truck or railcar loading 

stltlion at an affected facility, as well as each crusher and grinding mill at hot mix asplutlt facilities that 

reduce the size of nonmetallic minerals embedded in recycled asphalt pavement. 

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 mineml processing plant with a capacity of 25 tons per hour or less; 

(d) A portable non-metallic mineral processing plmll with a capacity of 150 tons per hour or 

less; and 

(e) A common clay plant or pumice plant with a capacity ofl 0 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineml processing plant" means any combination of equipment 

used to grind or crush any non-metallic mineral, such as stone, smut, gravel, clay, rock salt, vermiculite. 

The term includes all equipment used in conjunction with the grinding or crushing equipment to d1y, 

mix, convey, size, or blend the processed matei·ia!. 
Added language in bold italics; 

deleted language stl't!BlHiweugh 

Initial Proposal 06-07-10 2 

Readopt with amendments Env-A !OJ. 166, ejf 1-!8-97 (doc. #6428-A), and renumber as Env-A 2802.04, to 

read as follows: 

Env-A I 01.166--2802.114 "Sand and gravel source" means any source where-gfiBding, erushffig,at 

w!tich drying, mixing, conveying, sizing, or blending of rock, sand, or gravel products is conducted, and is 

eemJ7l'ii;eEI-ef.inc/udes all equipment and auxiliaries atilized in theoo--funetiew.;-used to tby, mix, convey, 

size, or blend suc!t materials. The term does not include tmy equipment or activities related to grinding 

or crushing. 

Adopt E111'-A 2802.05 to read as follows: 

Env-A 2802.05 "Successful compliance test" means a completed test that iv performed for the 

plli]Jose of demonstrating compliance and that does demonstrate that the source is in compliance with 

the requirement(v) for wlticfl the test is conducted. 

Revise the heading of PART Env-A 2803 as follows: 

PART Env-A 2803 EMISSION STANDARDS FOR SAND AND GRAVEL SOURCES NONMETALLIC MINERAL PROCESSING PLANTS 

Readopt with amendments Env-A 2803. OJ and Env-A 2803.02, eif 1 !-24-04 (doc. #8218), to read as 

follows: 

Env-A 2803.01 Visible Emission and Particulate Standards for Sand and Gravel SoHreeS-Nonmetallic Mineral Processing Plants. 

{(a) has been moved and renumbered as (e), below} 

(13) Opaeity shall be determiRed in aoeordanee v1ith Env A 807. 

(a) A non-metallic mineral processing plant that is an t!tfectedfacili(V shall be subject to 40 

CFR 60, subpart 000, regardless of when construction of the plant commencetl 

(b) The owner or operator t!f tm affected facility shall conduct a succes.~ful compliance test 011 

the affected equipment in accorda11ce with 40 CFR 60.675 within o11e year after the 2010 ~ffective date 

of this chapter if the affected facility: 

(1) Is in existence on the 2010 effective date of this rule; and 

(2) Jlas never been successfully tested prior to that date. 

(c) The owner or operator of an affectedfacility shall conduct a successful complia11ce test: 

(1) Within 60 days after changing the method of dust suppression used at the affected 

facility; 

(2) Within180 days after initial startup, if the owner or opemtor replaces a piece ~f 

. affected equipment; or 

(3) If the test is otherwise required by 40 CFR 60 subpart 000. 

(d) The owner or operator of an affected facility shall not be required to conduct a complia11ce 

test solely because the location of the affected facility has changed, 

(ae) The owner or operator of a sand and gravel so:;ree non-metallic mineral processing plant that 

is not an affected facility shall not cause or allowvisible fugitive emissions or visible stack emissions from 

the source to exceed an average of20 percent opacity for any continuous 6-minute period at crushers, 

transfer points, and-or screens. 
Added language in bold italics; 

deleted language struek tlwm;gh 

Initial Proposal 06-07-10 

Env-A 2803.02 Fugitive Emission Control Systems for gand and Gravel go"rees Non-Metallic 

Min em! Processing Plants. The owner or operator of a saoo-£m<l-gra-vol-seBfee-non-meta/lic mineral 

processing plant shall not operate the soaree plant unless it is equipped with a fugitive 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 BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. 

3 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of20 percent opacity fc)r any continuous 6-minute period. 

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

Jle/y(f~ the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITIVE DUST CONTROL WITHIN THB PLANT PRDPERTY FOR ALL 

SOURCES Edit. "2805.01" 

Readopt with amendments Env-A 'i803_.'r!L andEJ1v-A __ 8Q};'Q?, eff. 11-24-04 (doc. #8218), to read as 

follows: 

Env-A 2805.01 Fugitive Dust Control Within Plant Pmpeflr-/ilr 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 property boundaries, by using ¥fugitive dust control 

methods shall inelude, bat shall not be limited to, 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 

dust from stockpiling, by using Ffugitive dust control methods silall inelude, but shall not be limited to, 

such as wet suppression, windbreaks, enclosures, or soil stabilization. 

Add a heading for PART Env-A 2806 as follows: 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806. OJ through Env-A 2806.03, to read as follows: 

Env-A 2806. OJ Permit-Bv-Noti(ication Required. Prior to 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. 

Env-A 2806.02 Permit-Bv-Noti(ication Procedures. 

(a) To obtain a permit-by-notification, the owner or operator of a non-metallic mineral 

processing plant shall.flle the information required by Env-A 2806.04 in writing to the department, 

together with tl1e 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) The department shall issue a permit-by-notification for a non-metallic mineral processing 

plant if: 
Added language in boid itaiics; 

deleted language struek •JweHgf> 

Initial Proposal 06-07-10 4 

(1) The applicant lws.filed all required information and the required fee; and 

(2) The filing demonstrates that the plant will meet the applicable requirements of Env-A 

28113, Em>-A 28115, and E11V-A 28116. 

(c) Within 10 days after initial stnrtup of 1111 affected facility, the owner or operator shall notify 

the department by fax, email, or postal mail ~{the actual date of startup. 

Env-A 28116.03 Notification o( Changes Required. 

(a) Within10 days after 11 permit-by-notification facility has commenced operation in 11 different 

location, the owner or operator slwllfi/e 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 thefollowing 

il!formation: 

(1) The unique facility identification assigned by the department in the initial permit-bynotification; 

(2) The physical location from which the facility was moved; and 

(3) The physical location to which the fitcility was moved. 

(b) Wit/Lin 10 days after the replacement of any affected equipment, the owner or operator shall 

file a notification with the department that contains: 

(1) The information specified in 40 CFR 60.676(a)(1), (2), and (3), as applicable; and 

(2) The date on which testing of the new equipmell( 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 renumber as Env-A 2806.04, so 

that Env-A 2806.04 reads as follows: 

Env A .J.'l-.W-2806.04 Form G8P 3, Nomneffillis Mineffil Prosessing Plants Application Content. W 

In addition to form GSP I, a registrant The applicant for the general state permit a permit-by-notification 

for nonmetallic mineral processing plants shallsemplete forrn G£P 3, "Nenmetallis Minet'fll Proeess-ing 

Plants." (b) A registrant shall supply to the departmeat on form G£P 3 .file the following information with 

the department: 

(+a) The fae.Hity-name, mailing address, and daytime telephone number of the owner or operator, 

and, if available, an e~nzail address and fax nunzber; 

( 4=b) The name or number, or both, that-the owner or operator uses .for-to identifY the OOHHwtallie 

mineral presessing plant; arul 

('i.e) The town or eity in whish che fasility is leeate<J...physicallocation of the plant, including street 

address and municipality; 

(J1-+lle date 01-~ whish the registration form was sompleted; 

(5) The following information about the nonmetallie mineral proeessing plant 

fh(d) Any previous permit number; 

lr.(e) The raw material throughput operating at maximum capacity, in pounds per hour and tons per 

year; arul 
Added language in bold italics; 

deleted language struelc thro~tgh 

Initial Proposal 06-07-10 

e. The raw ma!e!'ial throughput duriflg-Bafmal-eperatim: ofthe-j7lflflt-in-j'>BitH<ls-pef-heHI' 

and tons per year. 

(e) The-registrant shall eom.l"lete and attaeh-te-fefm GSP 3 the fullowiHg fufll!S+ 

(f) A list of all affected equipment at the plant, not including any energy-generating devices; 

5 

(1-g) Attachment A, the For each listed piece of equipment~mponeHt inventory list, coHtaining the 

following-inf&rmatioH ab&ut-eaeh component 

(1) A description and the name or numbe1; or both, the owner or operator uses to identify 

the equipment; 

a{2) The Hame ofthe-manufaeturer and serial number, if available; 

b. The model n~tmber; 

<T.---+i'IB-5erial number, 

(3) The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, 

or enclosed truck or milcar loading station in tons per hour; 

(4) The total Slll:face area of the top screen of each screening operation; 

(5) The width of each conveyor belt; 

(6) The rated capacity in tons of each storage bin; and 

Eh(7) The date of: 

a. !initial construction; or e. The date of installation in New Hampshire;-tlllf! 

f.-b. The date of the-most recent modification resulting it: an increase in emissions, if 

applicable; and 

c. The most recent replacement, if applicable; and 

d. The most 1·ecent successful compliance test, if applicable; 

(2) Attachment B, the emissions sammary, containir:g the fullowing infurmation about eaffi 

e&lHjlBneffi; 

a. The type of pollution eontrol eq:tipment ased, if applicable; 

b. The emission faetors :tsed to estimate emissions; and 

e. Tae estimated emissiolls of partiealate matter and PM 1 9 in poands per hour and tons 

per year waile operating at ntallintam eapaoity, 

(d) Tao registrant shall prepare and attaeh to furm G8P 3 the following-<loeHments: 

(1) A written deseription or drawing of the nonmetallie mineral proeessing plant; and 

(2) A U8GS map seetion-'.'iith tae site leGation elearly noted. 

(h) For a new or modified non-metallic mineral processing plant or for one that has never been 

tested, the date(>) on which compliance testing will be conducted; and 

(i) A brief explanation oft he methods that will be used to control emissions andfitgitive dust. 

Adopt Env-A 2806.05 through Env-A 2806.07, to read as follows: 

Env-A 28116.05 Signature and Certification. 

(a) Tlte owner or operator oft he non-metallic mineml processing plant shall sign each 

application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. 
Added language in bold italics; 

deleted language s!ruek tlu~ 

initial Proposal 06-07-10 6 

(b) The signature of the owner or operator shall constitute certification that: 

(1) The owner or operator has read Env-A 2803, Env-A 280S, Env-A 2806, and 40 CFR 

60, subpart 000; · 

(2) The owner or opel'lltor understwuls and will comply with the requirements; 

(3) The owner or opel'lltor has notified the clerk of the town or city in which the facility is 

located of its pending operation; and 

(4) All il!(ormationfiled is true, complete, and not misleading to the knowledge and belief 

'!(the signor. 

Env-A 2806.06 Application Fee. The applicant shall pr1y an application fee of $1,000 with the 

permit application. 

Env-A 2806.07 Recordkeeping and Reporting. 

(a) The owner or operator rif a non-metallic mineral processing plant shall retain records for a 

minimum of 5 years on : 

(1) The total quantity rif all materials processed on an annual basis; and 

(2) The results t!( 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 opemtor of a non-metallic mineral processing plant shall.file the results of any 

pe1jormance test conducted to determine compliance with the standards set forth in Env-A 2803, 

including 40 CFR 60, subpart 000, within 60 days of the test. 

APPENDIX 

Rule Section(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, I( 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, I( 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 

Env-A 2806 (also see specific section below) RSA 125-C: 11 

Env-A 2806.06 RSA 125-C: 12, IV 
-JUN 2 4 2010 

RULEMAKING NOTICE FORM 

Env-A 2800, Env-A 101.166 (readopted with 

amendment as Env-A 2802.04), and Env-A 1710.04 

Notice Number Rule Number (readopted with amendment as Env,A 2806.04) 

1, Agency Name'& Address: 2. RSA Authority: RSA 125-C:4, I( a) 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

3. Federal Authority: 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

X 

Readoption X 

Readoption w/amendment X 

N/A 

5. Short Title: ·sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources 

. 6. (a) Summary of what the rule says and the effect of the rule on those regulated: 

·Env-A 2800 currently establishes particulate matter, visible emissions, and fugitive dust standards for 

cement/ concrete sources and for sand/gravel sources, including those at which such materials are subject to 

crushing or grinding. The rules are proposed to be readopted with amendments to (1) distinguish sources at 

which non-meia11ic minerals are subject to crushing or grinding ("non-metallic mineral processing plants") 

from other sand & gravel sources; (2) separate the particulate matter and visible emissions standards for 

non-metallic mineral pmcessing plants fmm those for other sources; and (3) establish a permit-bynotification (PBN) for non-metallic mineral processing plants to replace the General State Permit (GSP) 

option, As part of the proposed revisions, Env-A I 01.166 (definition of "sand and gravel source") is 

proposed to be readopted with amendment as Env-A 2802.04, and Env-A 1710.04 (previously the GSP 

application form for non-metallic mineral processing plants) is proposed to be readopted with amendments as 

Env-A 2806.04, 

Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A 1700 are being proposed in separate 

rulemakings, 

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

Owners and operators of nonmetallic mineral processing plants would be affected by the proposed changes to 

these rules. · 

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

implement: 

Rule Section(s) State Statute(s) Implemented 

Env-A 2801 RSA 125:C:4, l(a), RSA 125-C:6, II 

Env-A 2802 RSA ]25: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 SA 125:C:4, !(a), RSA 125-C:6, II 

Env-A 280,'Y .;}' RSy\ !25:C:4, I(a), RSA 125-C:6, II 

) Env-A 28Ciq (Larfit;o ~Itt; -§~1;; · , ·; R%A 125-C: 11 

Env-A 2806.bh- .id>"'_!_ /R.SA l25-C:12, TV 
Added language in bold italics; 

deleted language <lffite-h-ilifel!gh 

(';f~,.r.e . Ra.lli.'e the heading ~f CHAPTER E11v-A 2800 as follows: 

Initial Proposal 06-07-10 

CHAPTER Env-A 2800 SAND AND ORA VEL SOURCES;; NON-METALLIC MINERAL 

PROCESSING PLANTS; AN±l-CEMENT AND CONCRETE SOURCES 

C:~ e Statutory Authodty: RSA 125-C:4, I 

r .. R!Wbse the heading of PART Env-A 2801 as follows: 

PART Env-A 2801 PURPOSE AND APPLICABILITY 

Readopt with amendments Em>-A 2801.01, eff. 11-24-04 (doc. #8218), to read as follows: 

Env-A 2801 .OJ Purpose. The purpose of this chapter is to establish: 

·(a} S~tandards for particulate matter emissions and visible emissions for sand and gravel sources, 

non-metallic mineral processinf! 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 processing plants, 

Readopt with amendments Env-A 2802.01, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to 

read as follows: 

Env-A 2802.01 2801.02 &eet?e-Applicability. This chapter shall apply to any: 

(a) Sand imd gravel source; ftflfl 

(b) Non-metallic mineral processing plant; and 

(b-e) Cement, ready mix concrete, or cement block source. 

ff:!::!~e heading of PART Env-A. 2802 as follows: 

PART Env-A 2802 SCOPE DEFINITIONS 

Adapt Env-A 2802.01 through Env-A 2802.03 to read as follows: 

Env-A 2802.01 "Affected equipment" means each crusher; grinding mill, screening .operation, 

bucket elevator, belt conveyor; bagging operation, storage bin, and enclosed truck or railcar loading 

. station at an affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that 

reduce the size of nonmetallic minerals embedded in recycled asphalt pavement. 

Env-A 2802.02 "Affected facility" means a non-metallic mineral pro,cessing plant other than the 

fallowing: 

(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 of 25 tons per hour or less; 

(d) A portable non-metallic mineral processing plant with a capacity of ISO tons per hour or 

less; and 

(e) A common clay plant or pumice plant with a capacity of 10 tons per hour or less. 

Env-A 2802.03 "Non-metallic mineral processing plant" means any combination of equipment 

used to grind or crush any nan-metallic minera~ such as stone, sand, gravel, clay, rock sal~ vermiculite, 

The term includes all equipment used in conjunction with the grinding or crushing equipment to dry, 

mix, convey, size, or ble'nd the processed material. . · 

I 
( 

Added language in bold italics; 

deleted language streak tlusegh 

lni tial Proposal 06-07 -I 0 3 

Env-A 2803.02 Fugitive Emission Control Systems for SaBd and Gravel Se<±reefrNon-Metallic 

Mineral Processing Plants. The owner or operator of a ffif!fr.aHEI-gfavel-1HltH'ee-non-metallic mineral 

processing plant shall not operate the Bfffife&plant unless it is equipped with a fugitive emission control 

system that is operated and.maintained to control the emission of particulate matter, 

Readopt PART Env-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 BLOCK SOURCES 

Env-A 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block 

Sources. · · 

(a) Visible fugitive emissions or visible stack emissions from a cement, ready mix concrete, or 

cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period. 

;'t;,Jb) Opacity shall be determined in accordance with Env-A 807. 

~the heading of PART Env-A 2805 as follows: 

PART Env-A 2805 FUGITIVE DUST CONTROL WI'I'-HJN-'I'HB-PLAHT PROPER.'F¥-FOR ALL 

SOURCES . . ,$' . Readopt with amendments Env-A 28w:01 and<liinrA-J&IE;ez; eff. 11-24-04 (doc. #8218), to read as 

· follows: 

. Env-A 2805.01 Fugitive Dust Control Witllia Plaat Preserty 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 propmty boundaries, by using Ffugitive dust control 

methods SBOlJ ineJude, 1mt.sfialJ HOt 1Je Jim~uch as paving or wetting the roadways, 

(b) For any source or piant subject to this chapter, the owner or operator shall control emissions of 

dust from stockpiling, by using Fjugitive dust control methods shall i!lelude, bllt shall Bot be limited ts, 

such as wet suppression, windbreaks, enclosures, or soil stabilization. 

Add a heading for PARTEnv'A 2806 asfol{ows: 

PART Env-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERAL PROCESSING 

PLANTS 

Adopt Env-A 2806,01 through Env'A 2806.03, to read as follows: 

Env-A 2806.01 Permit-By-Notification Required. Prior to operating any non-metallic mineral 

processing plant, the owner or operator shall obtain: 

(a) . A standard pennit, as specified in Env·A 600; or 

(b) A permit-by-notification, as specified in this part, 

Env-A 2806.02 Permit-By-Notification Procedures. 

(a) To obtain a permit-by-lwtification, the owner' or opmitor of a 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) The department shall issue a permit-by-notification for a non-metallic mineral processing 

plant if: