### 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 PostOffice Square, Suite 100

. Boston, MA 02109-3912

Re: StateImplementation Plan Revision Submittal for Amendments to Env-A 600, 900, and Env-A2800:

**Permit~by-notification** 

### and compliance requirements for non-metallic mineral processing plants
DearAdministrator Spalding: Pursuantto section 110 ofthe federal Clean Air Actas amended, thestate ofNewHampshire (NH) hereby submitsforapproval two copies ofthe proposed State ImplementationPlan (SIP) revision and one electronic copy. As Governor John Lynch's designee, I am requestingEPA'spromptapproval ofthis revision, which consists ofthe additions and amendmentsto thefollowing rules:

• Env-A 600 contains the requirements for the statewidepermit system. The amendments (I) establish apermit-by-notification (PBN) system for non-metallic mineral processingplants in lieu ofthecurrent general statepermit (GSP); (2) clarifywhen documents and reports will be deemed "filed" with DES; (3) clarifY the applicabilityrequirements for combustion devices; (4) clarifY the informationthatmustbe submittedwith an applicationfor a temporary permit, a statepermitto operate (SPO), or a Title V permit, includingthatthose sources which operate airpollution control equipmentmustcomply withEnv-A 810.01 by submitting an operation and monitoring planfor that equipment with their application; (5) require applications for MinorModifications ofTitle V Operating Permitsto be filed with DES at least 90 days priorto expiration ofthe Temporary Permit; and (6) merge the substance ofthe sectionthatdescribes how actual emissions shouldbe calculated (Env-A 616.01) into Env-A 705.02, and replace thetext of616.01 with a cross-reference to 705.02.

• Env-A 900 establishes recordkeeping and reportingrequirements. The amendments to EnvA 903.01 exemptPBNfacilities/devices from the recordkeeping requirements and clarifythe exemption for certain other devices. The amendmentto Env-A 907.01 exemptsPBN facilities/devices from the annual emissions reportrequirements.

• Env-A2800 contains particulate matter, visible emissions, and fugitive dust standards for cement/concrete sources and for sand/gravel sources, includingthose at which such materials are subjectto crushing or grinding. The amendments (1) 

### distinguish sources at which non-metallic minerals are subjectto crushing or grinding ("non-metallic mineral processingplants") from other sand/gravel sources; (2) separate theparticulatematter and visible emissions standards for non-metallic mineral processingplants from those for other sources; and (3) establish a PBNfor non-metallic mineralprocessingplants to replacethe GSP option. As part ofthe 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, RegionalAdministrator SIPRevision Submittal Page2 March 31 2011 

### gravel source") wasreadopted with amendment as Env-A2802.04, and Env-A 1710.04 (previously the GSP application form for non-metallic mineral processingplants) was readopted with amendments as EnvcA 2806.04. This submittal contains all documentation necessary to satisfythe SIP completeness requirements pursuantto 40 CPRPart 51, Appendix V. The following administrative materials are included for your review:
a, Evidence ofthe rule's adoption b

.. Evidence oflegal authority

. c. A copy ofthe rule .d. Evidencethat all the State's legal requirements were followed in adopting the rule and submittingthe SIP revision e. ·Evidence thatthepublic notice was given in accordance with EPAprocedures f. Certificationthat, ifrequested, the public hearing was held in accordance withthepublic notice g. A compilation ofpublic comments and the State's responses thereto One ofthe requirements ofAppendixV is thatthe documentation include the date ofadoption,
as well as theeffective date, ofthe rule. In accordance withNHRevised Statutes Annotated (RSA) 541- A:14, an agency may adopt a rule after all procedures have beencompleted. TheNHDepartment of Environmental Services (DES) adopts a rule onthe day its Commissioner signs a letter advisingthathe has adopted the rule and files the adopted rule with the Director ofthe Office ofLegislative Services (OLS). The rule takes effectthe day after it is filed unless a different date is requested in the letter. The attachments hereto contain a letter from theDES Commissionerto theDirector ofthe OLS, documenting the adoption ofthe rule, as well as written documentation from the OLS as to the filing and effective dates ofthe rule. Technical support materials are not included for any ofthe changes, as it is not anticipatedthat the enclosed rules will affectprevious demonstrations regarding attainment ofthe national ambient air quality standards. Should you have any questions regarding this submittal, please contactBarbaraDorfschmidt, Senior StatePermitEngineer atbarbara.dorfschmidt@des.nh.gov or (603) 271-6796, or Karla McManus, Planningand Rules Manager atkarla.mcmanus@des.nh.gov or (603) 271"6854. Thankyou.

Enclosures

ec: Dave Conroy, EPA IdaE. 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 ofNew Hampshire 

### DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

Carol J. Holahan, Director c/o OLS, Division ofAdministrativeRules StateHouse Annex, Room 219 Concord, NH 03301
Re: Adoption ofFinal Rules, FP 

### # 2010-74
Dear Director Holaban: September22, 20I0

Please be advised that I, as Commissioner ofthe DepartmentofEnviromnental Services, have adopted the following rules, to be effective October I, 2010:
Env-A 600

- various sections andparagraphs: Revisions to StatewideAirPermit System
The JointLegislative Committee on Administrative Rules approvedthese rules atits meeting on September 16,2010.
A copy ofthe adoptedrules is being filed electronically, concurrent with thee-filingof this adoptionletter. Theoriginal, signed adoption letteris being sent separately bymessenger mail for yourrecords. I, Thomas S. Burack, Commissioner ofthe DepartmentofEnvironmental Services, hereby certifythat the enclosed are true copies ofthe rules I have adopted.

Enclosures

cc: Gretchen Hamel, DES Legal Unit PublicInformation and Permitting Office Karla McManus, AirDivision Sincerely,

Thomas S. Burack Commissioner

ec: K. AllenBrooks, Chief,AGO-Enviromnental ProtectionBureau

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 

### ofNew Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

Carol 

### J. Holahan, Director c/o OLS, Division ofAdministrative Rules State House Annex, Room 219 Concord, NH 03301 Re: Adoption ofFinal Rules, FP 

### # 2010-75
DearDirector Holahan: September 22, 20I0

Please be advised that I, as Commissioner ofthe Department ofEnvironmental Services, have adopted the following rules, to be effective October 1, 20I0:

. Env-A

**~. ~.**  

### 903.01(b), 907.01(a), !783.8l(aj.; Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Use in CalculatingEmission-Based Fee The JointLegislative Committee on Administrative Rules approved these rules at its meeting on September 16, 2010. A copy ofthe adopted rules is being filed electronically, concurrent with thee-filingof this adoption letter. The original, signed adoption letter is being sent separately by messenger mail for your records. I, Thomas S. Burack, Commissioner ofthe Department ofEnvironmental Services, hereby certify that the enclosed are true copies ofthe rules Ihave 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 ofNew Hampshire 

### DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. 

### Burack, Commissioner

Carol J. Holahan, Director c/o OLS, Division ofAdministrative Rules State House Annex, Room 

### 219 Concord, NH 

### 03301 Re: Adoption ofFinal Rules, FP 

### # 2010-76
Dear Director Holahan: September

### 22, 20I

### 0

Please be advised that I, as Commissioner ofthe DepartmentofEnvironn1ental Services, have adopted the following rules, to beeffective 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 ofthe 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, Commissionerofthe Department ofEnvironmental Services, hereby certifythat the enclosed are true copies ofthe 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 CFRPart 51, Appendix V, 2.1(c) Laws ofNew Hampshire, RSA 125-C:4 Rulemaking Authority; Subpoena Power

# TITLEX PUBLIC HEALTH CHAPTER 125-C AIRPOLLUTION 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 ofair pollution, including, but notlimited to, open air sourcepollution, 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 ofa statewidepermit 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 permitrequirements ofRSA 125-C:ll, as authorized by RSA 125-C: 11, II. (f) The exemption ofcertain devices and non-Title V 

### sources from the permit requirements ofRSA 125-C:II, I and the conformance ofexempted devices to established standards, as authorized by RSA 125-C:ll, I. (g) The forms and informationrequired on applications for temporary and permanent permits required under RSA 125-C:II, as authorized by RSA 125-C:12, I. (h) Notification ofand 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 orrevocation, 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 byRSA 125-C: 16. (n) The manufacture, use, or sale ofconsumerproducts for purposes ofimplementing RSA 485:16-c. (o) Applicability thresholds for emissions ofparticulate matter, mercury, and dioxin as provided in RSA 125-C:lO-b, VII(f). 

### (p) The duration oftime 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 ofany 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 ofvapor recovery equipment. I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced -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 ofsuch 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 CFRPmi 51, Appendix V, 2.1(d)Adopted to be effective 10-01-10 Effective 10-1-2010,PARTEnv-A 603 reads as follows: PART Env-A 603 PERMIT OR NOTICEREQUIRED 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 ofthis chapter, without having applied for and been issued a temporary permit. (b) No person shall cause or allow the operation ofan 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 ofthis 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 ofthis chapter, without having applied for and been issued a title V operating permit. (d) The owner or operator ofa 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 ifapermit-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 pursuantto a permit-by-notification, the owner or operator shall comply with Env-A 2806.

Effective 10-1-2010, PARTEnv-A 605 and PARTEnv-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 oflicense from the department on behalfofhimselfor an owner or operator. Env-A 605.02 ProofofSource Ownership or PermissibleUse. 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 ofthe property that is proposed for development oruse, because the owner or operator owns, leases, or has binding options to purchase all ofthe property proposed for development or use. The owner or operator shall bear the burden ofproving right, title, and interest in the property. Env-A 605.03 Proof ofLegal Authority. Where the applicant is not the legal owner ofthe source or device that is the subject ofthe application, a copy ofthe agency agreement authorizing the applicant to act on behalfof the owner for purposes ofthe application shall be filed as part ofthe application for a permit.
Env-A 605.04 Certification ofthe Responsible Official. (a) An application form, report, or compliance certification filed with the departmentpursuant to this chapter shall contain a written statement certifying the truth, accuracy, and completeness ofthe document and shall be signed by the responsible official. Unless otherwise specified, this certification shall state that, to the best ofthe responsible official's knowledge and beliefformed 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 ofthe 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. Thepurpose ofthis part is to specify the air pollution dispersion modeling impact analysis requirements that shall apply to owners or operators ofcertain 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 ofthe application for any permit, a complete air pollution dispersion modeling impact analysis shall be performed in accordance with this part on behalf ofan owner or operator of any one ofthe following sources or devices: (1) A new stationary source, area source, or device; or (2) 

### A modification ofa stationary source, area source, or device. (b) An owner or operator ofone ofthe 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 subjectto Env-A 1211.11 or successor rule in Env-A 1300, where the hours ofoperation 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 1211.01G) 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 offugitive 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 ofthe permit application one ofthe following: (a) 

### A request thatthe department conduct an air pollution dispersion modeling impact analysis; or (b) The results ofan airpollution dispersion modeling impact analysis. Env-A 606.04 AirPollution Dispersion Modeling ImpactAnalysis. An airpollution dispersion modeling impact analysis shall beconducted in accordance with 40 CFR 51, Appe11dix W, using any model or methodology, as applicable, that the administratorhas specified orproposed for inclusion in 40 CFR 51, Appendix W. · Env-A 606.05 Specific Emissions Included in ari AirPollution 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 ofthis part; (2) All area sources or devices located at the site ofthe applicable source or device and which emit one or more ofthe same air pollutants orregulated toxic airpollutants as the applicable source 

### or device; andAdopted 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 ofthe 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 airpollutant orregulated toxic air pollutant from a fuel burning device which burns coal, natural gas, propane, wood in the form ofwhole tree chips, untreated wood, orliquid fuel, where the term "liquid fuel" does not include the following:


### a. 11

### Waste 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 ownerofa new or modified stationary 

### source, area source, or device shall obtain atemporary permit in accordance with the provisions ofthis chapter prior to the construction or installation ofthe source or device ifthe source or device is any ofthe following: (a) An external combustion device with a design gross heat input greater than or equal to 10,000,000 British thermal units (BTUs) perhour 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 greaterthan 150,000 BTUs per hour, and the combined total design gross heat input for all such devices is greater than or equal to I,500,000BTUs 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 ofall such devices is greater than or equal to I0,000,000 BTUs per hour;Adopted to beeffectivc 10-01-10 4 (c) An incinerator using any combination oftype 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 oftype 4, 5, 6, and 7 waste with a design rating greater than or equal to 200 pounds perhour; (g) 

### A stationary source, area source, or 

### device with total actual volatile organic compound (VOC) emissions greater than or equal to l0 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 vaporpressure 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 ofsander 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 mineralprocessingplant ora coal crusher with a design throughput of greater than or equal to !50 tons perhour; (n) A stationary source, area source, or device choosing to limit its potential to emit by accepting enforceable permit conditions that restrict its hours ofoperation, type or amount ofmaterial combusted, stored, or processed or level ofproduction; (o) A stationary source, area source, or device at which documented and repeated violations occur of any ofthe 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 ofany 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 ofthe violation(s) or contribution resulted from one ofthe following: (I) A direct measurement using ambient air quality monitoring; or (2) Calculations based on the technical procedures adopted pursuant to 40 CFR51, Appendix W. (q) A stationary source, area source, or device subject to the new sourceperformance standards (NSPS) contained in 40 CFR 60, except a source or device that is subjectonly 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 ofsignificant 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 apermit is required under the rules governing regulated toxic airpollutants pursuant to Env-A 1400; (w) A stationary source, area source, or device where apermit 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 successorrules in Env-A 1300, for NOx emissions; or (2) Env-A 1204 or successorrules in Env-A 1200, for VOC emissions, except for any source whose solvent metal cleaning operations have combined actual emissions ofless 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 ofthe Act; (aa) A stationary source, area source, or device that is a major source ofhazardous air pollutants subject to section 112(g) ofthe 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 ifit is filed with the departmentprior to the constmction or installation ofa new or modified source or device. (b) Forthe reissuance of a temporary permit, an application shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe 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) Thefee(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 ofhazardous air pollutants subject to 112(g) ofthe Act, all information required pursuant to 40 CFR 63.43(e); (e) Where air pollution dispersion modeling is required for a source or device pursuantto 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) Proofofsource ownership orpermissible use, as specified in Env-A 605.02; (h) For a source with air pollution control equipment as defined in Env-A I01.17, an air pollution control equipmentmonitoring plan or catalyst management plan pursuant to Env-A 810.01; and (i) Ifa plan is not required pursuant to Env-A 810.01, a description ofthe monitoring the sourceAdopted 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 ofApplications. The department shall review each application for 

### atemporary permit to ensure compliance with: (a) All applicable elements ofthe SIP; (b) Env-A 300 et seq.; (c) Applicable state law governing airpollution; and (d) Applicablerequirements, as defined in Env-A 101.26. Env-A 607.05 Acknowledgment and Completeness ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan 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 orbeing notified by the department ofsuch failure or incorrect filing, file in writing with the department such supplementary facts or corrected information no laterthan 30 days after such discovery or notification. (b) While processing an application that has been deemed complete, ifthe 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 ofreceipt ofsuch 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 hearingprocedures specified in Env-A 621 have been satisfied. Env-A 607.08 PermitExpiration. (a) The expiration date ofeach temporary permit shall be 18 months after the date ofits issuance. (b) The temporary permit shall be in effect until the designated expiration date, unless revoked or suspended at an earlier date by the departmentpursuant 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 ofa tempormy permit shall terminate the owner or operator's right to construct or operate a new ormodified source or device pursuant to tbepermit. (e) For a source or device that has completed construction and demonstrated compliance through testing, ifapplicable, and for which a timely and complete applicationfor a statepermit to operate, titleV operatingpermit, or an amendment thereto, has been filed with the department, theright to operate shall continue under the terms and conditions ofthe expired temporarypermitpending the department's decision on the application. Env-A 607.09 PermitReissuance. (a) The owner or operator may request a reissuance of a temporary permit for aperiod not to exceed one year, provided that at least one ofthe 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 acopy ofat 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 operatoris in the process ofobtaining a permit or permits from another governmental entity; or (5) The owner or operator is involved in litigation where apermit from another governmental 

### entity has been issued and appealed. (b) The owner or operator shall file a written request for areissuance, 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 applicantfiles a timely application that has been deemed complete by the department for the reissuance ofatemporary permit or the issuance ofan initial state permit to operate, the failure to have a 

### current and valid temporary permit shall not be considered a violation ofRSA 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) Ifthe 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, PARTEnv-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 statepermit to operate in accordance with the provisions ofthis chapter. Env-A 608.02 Timely Application. (a) For a source or device thathas been issued a temporary permit, completed construction, and demonstrated compliancethrough testing, an application for a state permit to operate shall be considered timely ifitis filed with the department at least 90 days prior to the designated expiration date ofthe temporary permit. (b) For asource or device that has been issued a state permit to operate, an application for therenewal of such permit shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration elate ofthe current statepermit 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) Proofofsource 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) Ifa plan is not required pursuant to Env-A 810.01, a description ofthe 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 ofApplications. The department shall review each application for a state permit to operate to ensure compliance 

### with: (a) All applicable elements ofthe 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 ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan application filed by an applicant, the department shall notify the applicant that said application is deemed complete, or shall requestthat the applicantfile 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 statepermit to operate shall, upon becoming aware orbeing 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 ornotification. (b) While processing an application that has been deemed complete, ifthe departmentrequests information in order to evaluate ortake final action on that application, the department shall request such information be filed in writing within 30 days ofreceipt of such a request. Env-A 608.07 Final Action. The department shall take final action on an application for a statepermit to operate after therequirements for public notice and hearing procedures specified in Env-A 621 have been satisfied. Env-A 608.08 PermitExpiration. (a) The statepermit to operate permit shall be in effect until the designated expiration date, unless
soonerrevoked or suspendedby the departmentpursuant to RSA 125-C:13. (b) The expiration of a statepermit to operate shall terminate therightto 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 ofthe expired state permit to operate until the department has taken final action on the renewal application. (d) Ifthe department denies the renewal application, the owner or operator shall cease to operate as of: (1) The date ofthe denial, ifapplicant 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 PermitRenewal And Expiration Date Established. (a) Each state permit to operate shall be issued for a period of5 years and shall be renewed in accordance with Env-A 608.10. (b) The amendment or modification ofa state permit to operate shall not affect the permit expiration date contained in the permit. Env-A 608.10 PermitRenewal. (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 ofthe 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 PermitReissuance. (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 ofobtaining a permit or permits from another governmental entity; (3) The owner or operator is involved in a dispute where apermit from another govemmental entity has been issued and appealed; or (4) The operation ofthe device or source will be discontinued within 2 years after the designated expiration date. (b) The owner or operator shall file a written requestfor areissuance, specifying thebasis 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 statepermit 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 beconsidered 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) Ifthe department deems an application complete butrequests additional information pursuant to Env-A 608.06(b), the protection granted in (a), above, shall cease to apply ifthe applicantfails to file in writing such additional requested information by the deadline specified in the request.

Effective 10-1-2010, PARTEnv-A 609.06 through Env-A 609.08 read as follows: Env-A 609.06 Application Procedures ForTitle 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 1-10 I0
(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 ofsource 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 I01.17, an airpollution control equipr;,cr,r mGnitoring plan or catalyst management plan pursuant to Env-A 810.0I; and (7) Ifa plan is not required pursuant to Env-A 810.01, a description ofthe 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 ofthe 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 ifit 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 operatingpermit application no later than 12 months after becoming subject to the title V program orcommencing operation pursuant to a temporary permit; (2) Each major sourcerequired to meet the requirements ofsection 112(g) ofthe Act or to have a permit under the preconstruction review program approved as part ofthe New Hampshire SIP underparts C or D oftitle I ofthe Act, shall file a permitapplication to obtain a title V operating permit or title V operating permitrevision within 12 months ofcommencing operation; and (3) Any source that becomes subject to the provisions ofsection 112(j) ofthe Act shall file a title V operatingpermit application in accordance with the provisions ofsection 112(j) and 40 CFR 63.50 through 63.56. (b) Fortherenewal ofa title V operating permit, an application shall be considered timely ifit is filed with the department at least 6 months prior to the designated expiration date ofthe current title V operating permit. Env-A 609.08 Application Shield: Title V Operating Permits. (a) Ifan applicant files a timely and complete application for the issuance or renewal ofa title V operating permit, the failure to have a title V operating permit shall not be considered a violation ofthis 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 havebeen exhausted. (b) Theprotection granted in (a), above, shall cease to apply ifthe 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 incorrectinformation in any permit application shall, upon being notified by the department or otherwisebecoming aware ofsuch 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 ofrelease ofthe draftpermit, an applicant shall provide supplemental information to the department as necessary to address any applicable requirements to which the sourcebecomes subject after the date the application has been deemed complete. (c) Pursuant to 40 CFR70.5, ifthe department determines that additional information is necessary in order to evaluate orto 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 operatingpermit 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 ofthe expired title V operating permit until the department has taken final action on the renewal ofthe application. (d) Ifthe department denies the renewal application, the owner or operator shall cease to operate as of: (I) The date ofthe denial, ifapplicant 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 PermitRenewal. (a) The department shall determine permit conditions under which a title V operatingpermit 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 ofthe existing permit and all applicable requirements ofEnv-A 300

### <et §ff!. and the Act. (b) The department shall take final action on a permitrenewal of a title V operatingpermitby issuing a permitrenewal only if: (I) The owner or operatorhas filed a timely and complete application for renewal with the department, which includes:
a. All fees specified in Env-A 702 throughEnv-A 705, as applicable;Adopted to be effective l0-0 l-10 12
b. Proofofsource ownership or permissible usc, as specified in Env-A 605.02; and


### c. Where air pollution dispersion modeling is required for asource 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 ofEnv-A 300 et seq. and the Act; and (5) TheEPA has received a copy ofthe·pi·oposed title V operating permit and any notices required, and has not objected to the issuance ofsuch permit within the time period specified in 40 CFR70.8(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 ofthis 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-monthperiod shall be a source category for a general statepermit.
Env-A 610.05 Petitions to Establish Source Categories for General StatePermits. (a) Any person may petition the departmentpursuant 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 ofthe source category beingproposed; 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 theproposed source category meet the specific applicability requirements for a statepermit to operate in accordance with the provisions ofEnv-A 608; b. Morethan 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 subjectto the same regulatory requirements. (c) Within 10 days ofthe receiptby the department oftl1epetition filed by thepetitioner, the department shall notify the petitioner thatthe informationis complete, or identify the information necessary to complete the petition and request that such information be filed within 30 clays ofsuch 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 statepermit has been developed for aparticular 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 orpermissible use, as specified in Env-A 605,02. Env-A 610.09 Department Review ofRegistration 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) Ifthe department finds the registration package to be complete and accurate, within IS days of receipt by the department ofthe 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 ofapproval to the source with a copy ofthe general permit(s) attached; or (2) A letter ofdisapproval which specifically identifies the reason(s) for disapproval. (c) Ifthe department finds theregistration package to be incomplete, inaccurate, or unclear, within 15 days ofreceipt by the department ofthe 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 letterrequesting clarification ofthe 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 ofsuch failure orincorrect submittal, file with the department such supplementary facts or correctedinformation in writing no later than 30 days after the discovery or notification. (e) Ifthe department requests clarification from the owner or operator ofthe information filed in accordance with Env-A 610.08, the owner or operator shall file the information in writing within 30 days of receipt ofthe request. (f) 

### For a source that receives 

### a letter pursuant to (c), above, within 75 days ofthe department's receipt ofthe 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 ofapproval to the source with a copy ofthe general pennit(s) attached; or (2) A letter ofdisapproval 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 StatePermitReestablishmentProcedures. (a) Each general statepermit shall be:Adopted to be effective 10-01-10 14
(I) Established for a period of5 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 ofthe outcome ofthe reestablishment process 

### in writing. (c) Ifthe general state permit is notreestablished, the owner or operator of a source operating under an existing general statepermit shall file an application with the department for a state permit to operate pursuant to Env-A 608 within 90 days ofbeing notified by the department that the general state permit was not reestablished. (d) Ifthe 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) Ifa general state permit expires prior to the department reestablishing the general state permit, the department shall: (1) Extend the expiration date ofthe general state permit for a period ofnot more than one year; (2) Publish a public notice in a newspaper of general daily statewide circulation stating the extension ofthe expiration date ofthe general statepermit; and (3) Notify each owner or operator operating under the general state permitregarding the extension ofthe general state permit. Env-A 610.14 Sources Choosing to Comply with the StatePermits to Operate Program. At any time, an owner or operator ofa stationary source, area source, or device operating under ageneral state permitmay choose to comply instead with a statepermit 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 ofa 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, ifapplicable; (3) All additional information necessary to determine qualification for, and to ensure compliance with, the generalpermit; (4) Proof ofsource ownership or permissible use, as specifiedin Env-A 605.02; (5) The fee(s) specified in Env-A 702through Env-A 705, as applicable; and (6) Where air pollution dispersion modeling is requiredfor 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, PARTEnv-A 612 reads as follows: PARTEnv-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 ofreceipt by the department of a request filed pursuant to (a), above, and shall, in the case oftitle V operating permits, submit a copy ofthe revised permit to EPA. (c) Notice to the public or affected states ofthe 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) ofthis section at the permitted stationary source or area source without filing an application for and obtaining an amended title V operatingpermit, provided that all ofthe 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 oftitle I ofthe Act; (2) The change does not cause emissions to exceed the emissions allowable under the title V operating permit, whether expressed therein as arate ofemissions or in terms oftotal 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 ofthe proposed change and such written notification includes:
a. The date on which eachproposed change will occur, orhas occurred, as specified under (c), (d), or (e) ofthis section; b. A description ofeach such change;
c. Any change in emissions that will result; d. A request that the operational flexibility procedures be used; and
e. The signature ofthe 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 ofemissions under an existing title V operatingpermit may be made without filing an application for and obtaining an amended title V operating permit, provided that all ofthe following specific conditions are met:Adopted to be effective 10-0 1-10 16 (1) The title V operatingpermit 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 ofemissions increases and decreases at the permitted stationary source or area source solely for the purpose ofcomplying with
a federally-enforceable emissions cap that is established in the permit independent ofotherwise 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 operatingpermit independent ofthe 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 ofthepermit. (d) The owner or operator ofa stationary source or area source subject to and operating under an existing title V operating pennitmay make changes not addressed orprohibited by theexisting 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 ofthe 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 operatorprovides contemporaneous written notification to the department and the ad1ninistrator ofeach off-permit change, exceptfor changes that qualify as insignificant under the provisions ofEnv-A 609.04; (3) The change is not subject to any requirements under title IV oftheAct 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 ofa regulated air pollutant subject to an applicable requirement, butnot otherwise regulated under the permit, and the emissions resulting from those changes; and (5) The written notification to the department and administratorrequired in (b)(4) above includes:

a. A list ofthe pollutants emitted; and b. Any applicablerequirement that would apply as aresult ofthe change. (e) The owner or operator ofa 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) ofthe Act without filing an application for and obtaining an amended titleV operatingpermit, 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 aresult ofthe change. (f) The changes authorized in (d) and (e) above shall not qualify for the permit shield underEnv-A 609.09.Adopted to be effective 10-01-10 17 (g) The department and the administrator shall attach each notice required pursuant to (b)(4), above, to their copy ofthe relevant title V operatingpermit. 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 ofa specific air pollutant currently emitted by the source or device and will not result in the emission ofany regulated air pollutant orregulated 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 ifthe change occurs. (c) The department shall take final action on a request for a minorpermit amendment within 90 days ofreceipt ofa 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 ofthe source or device covered by the temporary permit or state permit to operate which increases the amount ofaspecific air pollutant currently emitted by such source or device or which results in the emission ofany regulated air pollutant currently not emitted by such source or device or not covered by the permitfor the source or device. (b) Arequest for a significantpermit 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, ifapplicable, 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 ifthe 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 significantpermit amendment within 90 clays ofreceipt by the department ofa request filed pursuant to (a) and (b), above, provided that the public notice and hearing procedures specified in Env-A 621 havebeen satisfied. (d) The owner or operator shall not implement theproposed 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 aminor 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 asource or device that has been issued atemporary permit1 

### an application for aminor permit modification shall be considered timely ifit is filed with the department at least 90 days prior to the designated expiration date ofthe 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 I708, 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 ifthe 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 ofEnv-A 605.04(b), that the proposed change meets the criteria for the use ofthe 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 ofthe information required by (1), above. (d) Within 5 working days ofthe receipt by the department of a request filed pursuantto (a)-(c), above, for a minor permit modification to a title V operating permit, the department shall notify EPA and any affected state(s) ofthe request. (e) The department shall not make a final decision on a requested permitmodification to a title V operating permit until after EPA's 45-day review period oruntil EPAhas notified the department that EPA will not object to the permit modification, whichever comes first. (f) By the later of90 days from receiving an application filed pursuant to (a)- (c), above, or 15 days after the end ofEPA's 45-day review period, the department shall: (l) Issue the requested permit modification ifit meets the requirements ofthis section; (2) Deny the requestedpermitmodification ifit does not meet the requirements ofthe section; (3) Determine that the requested modification does notqualify as a minorpermit modification and review the request under the significant permit modification procedures in Env-A 612.06; or (4) Revise the draftpermit to the extent that it does not meet the requirements ofthis section and send to EPA and to the applicant the new proposed permit modification. (g) The owner or operator may implement theproposed change immediately upon filing a request for minor permitmodification 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) Thepermit shield specified in Env-A 609.09, shall not apply to minorpermit 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 significantpermit modification ifthe 

### change: (1) Is a title I modification; (2) Does not qualify as an administrative amendment or minor permit modification; 

### (3) Is a removal or arelaxation ofexisting monitoring terms or conditions, or asubstitution in those terms or conditions promulgated pursuant to:

a. NSPS; b. NESHAP; or
c. Env-A 808; ( 4) Is aremoval or relaxation ofrecordkeeping or reporting terms or conditions, or asubstitution 

### in arecordkeeping 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 changepermit terms or conditions, for which there is no corresponding underlying applicablerequirement, that the source has assumed to avoid an applicable requirement to which it would otherwisebe 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 oftitle I; mid (2) An alternative emissions limit approved pursuant to regulations promulgated under section 1!2(i)(5) ofthe 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. Theemissions resulting from the change; and

c. Any new applicable requirements that will apply ifthe change occurs;Adopted to be effective 10-01-10 20 (3) The owner or operator's suggested draftpermit 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 ofthe significant permit modification procedures; (5) A request that significantpermit modification procedures beused; (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 arequest for significant modification with the department, the applicant shall forward a copy ofthe 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 ofits 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 publicparticipation 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 ofthepermitprovide for compliance with all applicable requirements oftitle V ofthe Act and all applicable requirements ofEnv-A 300

**~ ~.;**  and ( 4) TheEPA has received a copy ofthe proposed permit and any notices required and has not objected to issuance ofthe significant permit modification within the timeperiod specified in EnvA 609.13(b). (g) The owner or operator shall obtain an amended title V operatingpermit incorporating the significantpermit 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 OFACTUAL EMISSIONS Env-A 616.01 Determination ofActual Emissions. The owner or operator ofa stationary source, area source, or device shall determine the actual annual emissions from the source ordevice 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 StatePermit to Operate. Notwithstanding the provisions ofEnv-A 603.0I(a) or (b), a temporarypermit or a statepermit to operate shall not be required for any research and development operation provided that all ofthe following conditions are met: (a) The owner ofan 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 meetsAdopted to be effective 10-01-10 21 the definition ofa 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 ofthe stationary source, area source, or device to treat the stationary source, area source, or device as aresearch and development operation, and has received awritten determination from the department that the stationary source, area source, or device meets the definition ofa 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 aresearch and development operation contains all ofthe following information: (I) A briefnarrative description ofthe 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 ofthe total number ofdays that the stationary source, area source, or device has been and will be used as a research and development operation; (4) An estimate ofthe amount ofemissions ofeach regulated pollutant and each toxic air pollutant to be emitted by the research and development operation in pounds perhour, pounds per day, and pounds per year; and (5) The name and title oftheperson 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 briefnarrative description ofthe 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 ofdays 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 ofeach 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 ofthe person at the facility directly responsible for supervising the research and development operation. Env-A 617.02 Exception to Obtaining aTitle 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 ofthe 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 awritten determination from the department that the stationary source, area source, or device meetsAdopted to be effective 10-01-10 22
the definition ofa research and development operation according to the requirements found in (c) through (q), below; (b) The owner ofa new stationary source, area source, or device files a written request with the department prior to the construction, installation, or operation ofthe 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 ofa 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 ofthe following information: (I) A briefnarrative description ofthe 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 ofthe total number ofdays that the stationary source, area source, or device will be used as a research and development operation; (4) An estimate ofthe amount ofentissions ofeach 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) Thename and title ofthe 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 briefnarrative description ofthe 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 ofdays 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 ofactual emissions ofeach 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 ofthe 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 perhour, and the individual VOC entissions from the research and development operation are equal to or Jess than 15 pounds perday and equal to orJess than 1,000 pounds per year; (g) In any area ofthe state, the total emissions of all hazardous airpollutants from the research and developmentoperation are Jess than or equal to 3pounds per hour and the individual emissions ofany , hazardous airpollutantfrom 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 ofthe state, the total emissions ofall 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) Theresearch 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 subjectto the rules governing PSD contained in Env-A 619; (m) Theresearch 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 asignificant 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) Theresearch and development operation is not subject to any applicable requirement; (p) Theresearch 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 ofeach pollutant identified in(!), above, during normal operation ofthe new or modified source; 

### (3) Offset donor source(s) and location(s); (4) Actual annual and ozone season emissions estimates ofeach pollutant identified in(!), above, for the offset donor source(s) identified in (3), above, during normal operation ofthe offset donor source, prior to the effective date ofthe offset(s); and (5) Actual annual and ozone season emissions estimates ofeach pollutant identified in(!), above, for the offset donor source(s) identified in (3), above, during normal operation ofthe new or modified source, that would occur after the effective date ofthe 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 ofthis section shall befiled as part ofthe permit application, as required underEtlV-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 ofreceipt ofan application, the department shall notify the applicant as to the completeness ofthe application or any deficiency in the application or information submitted. (b) In the event ofa deficiency in an application, the date offiling ofthe 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 ofwhether construction should be approved, approved with conditions, or disapproved, in accordance with the provisions of40 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 ofthe commentperiod specifiedpursuant to Env-A 620.02, in accordance with the provisions ofEnv-A 610.05(b)(3) and 610.06(b)(2), the department shall: (1) Establish the general statepermit, and set forth in writing the findings that support the decision to establish the permit; (2) Deny the establishment ofthe general statepermit and set forth in writing thefindings that supportthe decision to deny the permit; or (3) Schedule a public hearing in accordance with the provisions ofEnv-A 620.04. (b) Subjectto (d), below, within 15 days ofthe close ofthe record ofthe 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 thepublic commentperiod providedpursuant to Env-A 620.02. (d) In the eventthe department determines that additional information is necessary to make an 

### informed decision, the department shall request such information and issue adecision in accordance with (a)(l) or (a)(2), above, within 15 days ofreceiving such information.

Effective 10-1-2010, Env-A 621.07 reads as follows: Env-A 621.07 Public Access to Information. (a) Ifthe applicantis not a municipality, the applicant shall file 2 copies ofthepermit application with the department.

### Adopted to

### beeffective I0-01-10 25
(b) Ifthe applicant is a municipality, the applicant shall file one copy ofthe permit application with the department and shall make another copy available to the public for review. (c) Ifthe applicant is not a municipality, the department shall deliver one copy ofthe 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 orinformation 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 orpermits to operate or other determinations ofthe department. (e) Thedepartment shall provide copies ofthe 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 ofthe permit application or, upon agreement with EPA, a sUirunary thereof, unless the applicant has filed a copy ofthe permit application with EPA pursuantto Env-A 609.06(d); (2) A written statementregarding the legal and factual basis for all permit conditions contained in any draft title V operating permit, including references to the applicable statutory orregulatory provisions: (3) After the end ofthepublic commentperiod specified in Env-A 622.02, a copy ofthe proposed title V operating permit; and (4) A copy ofthe final title V operating permit, ifissued. (b) Pursuant to 40 CFR 70.8(c), the EPA shall have 45 days from the elate ofreceipt ofaproposed title V operating permit to object, in writing, to the issuance oftheproposed permit ifEPA determines the proposed permitis not in compliance with applicable requirements ofthe title V operatingpermit 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 departmentfor apermit or permit modification, the applicant shall file 2 copies ofthe permit application with the department, except as noted in (b), below. (b) Ifthe applicant is a municipality, the applicant shall file one copy ofthe 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 ofthe permit application to the municipality in which the source is or will belocated. (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 ofthe following:Adopted to be effective 10-01-10 26 (1) All applications and other forms ofinformation submitted in suppmt ofa 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 BACTfor controlling the emissions ofmercury, 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 thereofin accordance with Env-A 609 orEnv-A 612, as applicable, for the continued operation ofthat source.

APPENDIX Rule Section(s) StateorFederal 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: 13Adopted to beeffective 10-01-10 27
Env-A 608.1O(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;; 42U.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; 42U.S.C. §7661b(d); 40 CFR §70.5(a)(2) Env-A 609.12 RSA 125-C:12, I; 42U.S.C. §7661b(d); 40 CFR §70.5(b) Env-A 609.15 RSA 125-C:11, I-a; 42U.S.C. §7661b(d); 40 CFR §70.7(b) & (c) Env-A 609.18(a) RSA 125-C:11, 1-a; 42U.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; 42U.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; 42U.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; 42U.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, ·devicethat applies for apermit-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 ofActual Emissions for Use in Calculatin )([ The owner roperator ofastationary 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 ofEnv-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, orby EPA, in conjunction 'th the oper mg conditions specified in the permit for the device issuedpursuant to Env-A 6 

## )§:[ Emissions calculated from ama balance ofthe 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 ofthe device, certified by EPA as ac urate for the devr e, or 

### collected during a stack testof 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 ofAir 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 ofthe actual



## e~ sions generated, in 

### conj ction with the operating conditions specified in thepermit for the evice issued pursuant to IlV-A 600. 

## W f the emissions calculated pursuant to (a), above, are determined to beless th, one ton per year, 

### th the owner or operator shall calculate the emission-based fee using an emission-bas dmultiplier 

### ofon on per year. 

## l)l{ A description ofthe 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 ofthe following sources or devices shall not berequired to comply with the requirements ofthis 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 ofany stationary source, area source or device subjectto Env-A 600, 

### excluding asource or device operated pursuantto apermit-by-notification, shall submit an annual emissions report to the department on or before April IS ofthe yearfollowing the calendaryear covered by the report. (b) The annual emissions reportrequired by (a), above, shall include thefollowing information: (1) 

### The actual emissions ofthe 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 ofVOC 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 ofAll Permit A



### ~ An a licantfor any type ofpermit other than a general permit orpem · -by-notification shall complete aform 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 ofthefacility;

**~** The name(s), title(s), bt ·ness address(es), ctronic mail address(es), and telephone number(s) ofcontactperson(s) fo 1e facility 10 may be contacted regarding general, 

### technical, legal, and invoicing issues;

**~** Thephysical address ofthe fac· · y, in 

### map; 

# t>'( The legal name, busin 1mber oftbe owner ofthefacility;



### ~ Thelegal name, siness address, and telephone numli ·ofany parent corporation ofthe
owner ofthe facilit and the name, title, business address, and te hone number ofa contact for thatparent c oration;



## ~ The 1 me, business address, and telephone number ofthe person or· 1 

### form; Descriptions ofthe source, device, product(s), and process(es) according to its s

· 1dustrial classification (SIC) code, as specified in the SIC Manual, 1987, including any cAdopted to be effective I0-01-10 3 ·ociated with alternative operating scenarios specified under Env-A 1709.01 (g); 

## '(:ll(( listing ofall 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 ofthe total facility emissions ·ncluc!ing the following: 

# X The type f emissions; )I<( Thepotentia 

### "jZ The potential tons per ar; and 

# X The actual tons per year; an

## ~ Support data, including the follow 

# X A copy ofall 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 ofthe 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 ofthe owner or op tor ofthe applying facility, which certifies the truth and accuracy ofthe in ·mation provided · the permit application, and which includes theresponsible 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 J25-C:6, XI CAA Sec. 182

- 

## - 'Adopted to be effective 10-01-10 Effective 10-1-2010, CHAPTEREnv-A 2800 readsas follows: CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL PROCESSJNG PLANTS; CEMENTAND CONCRETE SOURCES Statutory Authority: RSA 125-C:4, I PART Env-A 2801 PURPOSEAND APPLICABILITY Env-A 2801.01 Purpose. Thepurpose ofthis 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) Pennitby 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 cementblock source. PARTEnv-A 2802 DEFINITIONS Env-A 2802.0I "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 thatreduce the size ofnonmetallic minerals embedded in recycled asphalt pavement. Env-A 2802.02 "Affected facility" means a non-metallic mineral processingplant 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 of25 tons per hour orless; (d) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and (e) A common clay plant orpumice plant with a capacity of 10 tons per hour or less. Env-A 2802.03 "Non-metallic mineral processing plant" means any combination ofequipment 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, orblending ofrock, 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 ofdemonstrating 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 I0-01-10 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 ofwhen construction, modification, or reconstruction ofthe 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 ofa 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 of20 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 onthe affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date ofthis chapter ifthe affected facility: (I) Is in existence on the 2010 effective date ofthis chapter; and (2) Has never had a successful compliance test prior to that elate. (b) Ifan affected facility does not operate during the year following the 2010 effective date ofthis chapteror 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 ofachieving 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 ofdust 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, ifthe owner or operator replaces a piece ofaffected equipment; or (3) Ifthe test is otherwise required by 40 CFR 60 subpart 000. (d) The owner or operator ofan affected facility shall notberequired to conduct a compliance test solely because the location ofthe affected facility bas changed. Env-A 2803.03 FugitiveEmission Control Systems for Non-Metallic Mineral Processing Plants. The owner or operator ofa non-metallic mineral processingplant shall not operate theplant unless it is equipped with afugitive emission control systemthat is operated and maintained to control the emission ofparticulate matter.Adopted to be effective 10-01-10 3 PART Env-A 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, AND CEMENTBLOCK 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. PARTEnv-A 2805 FUGITIVEDUST CONTROLFOR 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 theplant 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. PARTEnv-A 2806 PERMIT-BY-NOTIFICATION FOR NON-METALLIC MINERALPROCESSING PLANTS Env-A 2806.01 Permit-By-Notification Reguired. Prior to operating any non-metallic mineral processingplant, 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 apermit-by-notification, the owner or operator ofa 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 theplant. (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 ofEnv-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 ofthe 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 alocation 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 uniquefacility identification assigned by the department in the initial permit-bynotification;Adopted to be effcctive I0-0 1-10 4
(2) The physical location from which the facility was moved; and (3) The physical location to which the facility was moved. (b) Within I0 days after the replacement ofany 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 ofthe 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 ofthe plant, including street address and municipality; (d) Any previous permit number; (e) Theraw 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 ofequipment, the following: (1) A description and the name or number, or both, the owner or operator uses to identify the 

### equipment; (2) Themanufacturer and serial number, ifavailable; (3) Therated capacity ofeach crusher, grinding mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station in tons per hour; (4) The total surface area ofthe top screen ofeach screening operation; (5) The width ofeach conveyor belt; (6) Therated capacity in tons ofeach storage bin; and (7) Thedate of:

a. Initial construction orinstallation in New Hampshire; b. The most recent modification, ifapplicable;

c. The most recent replacement, if applicable; and d. The most recent successful compliance test, ifapplicable; (h) For a new or modified non-metallic mineral processingplant orfor one that has neverbeen tested, the date(s) on which compliance testing will beconducted; and (i) A briefexplanation ofthe 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 ofthe non-metallic mineral processingplant shall sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03. (b) The signature ofthe 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 ofthe town or city in which the facility is located ofits pending operation; and (4) All information filed is true, complete, and not misleading to the knowledge and beliefof 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 ofa non-metallic mineral processing plant shall retain records for a 

### minimum of

### 5 years on: (1) Thetotal quantity of all materials processed on an annual basis; and (2) Theresults 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 ofany performance test concluctecl to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart 000, within 60 clays ofthe test.

APPENDIX Rule Scction(s) StateStatute(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 CFRPmi 51, Appendix V, 2.1(e)

### REQUEST FOR FISCAL IMPACT STATEMENT

### STATE OF NEWHAMPSHIRE



### ~_;;/, **~** Junel0,2010
FROM 

### Thomas S. Burack Commissioner AT (OFFICE) 

### DES

SUBJECT 

### Requestfor Fiscal Impact Statement
To LegislativeBudgetAssistant

In 

### accordance withNH RSA 541-A:S, enclosed please find aRequest for Fiscal Impact Statement and acopy ofthe corresponding administrativerules for the following: Env-A 60t:' Revisions to Statewide Air Permit System



## ~V<tfiOU.S. **~~~,;** -t



## f'~r~ Pleasefax the Fiscal Impact Statementto GretchenHamel at 271-8805.

Ifyouhave any questions, please contact GretchenHamel at271-3137.

cc: Gretchen Hamel, Administrator, DES Legal Unit Karl!! McManus, ARD Planning and Rules Manager

### OFFICE OFLEGISLATIVE BUDGET ASSISTANT REQUEST FORFISCAL IMPACT STATEMENT (FIS)
FIS Number 1. Agency Name & 

### Address: Department ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 RuleNumber Env-A 600- various sections and paragraphs 2. RSA Authority: 3. Federal Authority: 4. Type ofAction: 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. ShortTitle: Revisions to Statewide Air Permit System 7. Contact Person: Name: Address: Gretchen Hamel Depmtment ofEnvironmental 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

Theexisting rules, Env-A 600, establish a permit system for the construction, operation, and modification ofnew and existing stationary sources, area sources, and devices in orderto 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 pursuantto 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 processingplants in lieu ofthe current general state permit (GSP); (2) clarifY that documents and repmts must be filed with DES 

### (i.e., be received, notjust "submitted"); (3) clarifythe applicability requirements for combustion devices; ( 4) clarify the information that must be submitted with an application for a temporary permit, a state permitto 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 ofTitle V Operating Permits to be filed with DES at least 90 days priorto expiration ofthe Temporary Permit; and (6) merge the substance ofthe section that describes how actual emissions should be calculated (616.0 1) into Env-A 705.02, and replace the text of616.01 with a cross-reference to 705.02. 

### (2) Is the cost associatedwith this rule mandatedby the rule or by state statute? 

## If the cost is mandatedby statute, then the rule itself may not have a cost or benefitassociatedwith it. Please state either the statute orchapter law that is instigating this rule. RSA 125-C:II prohibits the "construction, installation, operation, or material modification" ofa source ofair pollution unless a permit is obtained in advance from the Depmtment. RSA 125-C: 12 requires applications for such permits to "beupon such forms, and

... include such information, as the commissionerrequires 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 pursuantto RSA 125-C:4, I(d)-(h) & 

## Ul to implement the permittingrequirements of RSA 125-C.

### REQUEST FORFISCALIMPACT STATEMENT (FIS)- Page 2
(3) Compare the cost of theproposedrule 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 ofnon-metallic mineral processing plants who opt to obtain a PBN in lieu ofa 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 ofthese cost savings could be offset by costs oftesting 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 andbenefits 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 staffwho currently implement the program will continue to do so, and in any event are not paid from the General Fund. 

### (5) Explain andcite thefederalmandate for theproposedrule, 

## if there is such a mandate. How wouldthe mandate affectstatefunds? There is no federal mandate for the proposed amendments, since they primarily are for clarification ofapplication requirements and the introduction ofa PBN option for non-metallic mineral processing plants. 

### (6) Describe the cost andbenefits to any state special fundwhich 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 ofnon-metallic mineral processing plants opt to obtain a PBN in lieu ofa general state permit or state permit to operate, fee revenue will decrease. Currently, 19 sources that fall within the scope ofthe proposed PEN hold a general state permit and 28 hold a state permitto operate, and the Department estimates that approximately 100 sources tl1at meet the permitting requirements do not have permits. Ifall ofthe facilities currently holding a GSP opted for a PBN, theDepmtment would lose approximately $19,000 in permit application fees ($1,000 X 19 facilities). However, ifonly 20% ofthe 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 ofthe 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 andbenefits to thepoliticalsubdivisions 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 ifit choseto obtain a PEN 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 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 orcity in which the facility is loc,1ted or to which it will be moved. 

### (8) Describe the costs andbenefits to the citizens of the state. The pmposed rules are not expected to result in any direct costs or financial benefits to citizens ofthe state in general. Citizens may benefit from improved air quality, because all rock crushingplants, regardless ofage, will now be required to comply with new source performance standards in Subpart 

### 000. Any citizen who owns or operates a non-metallic mineral processingplantwill benefit ifs/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 ofthe state.

### REQUEST FOR FISCALIMPACT STATEMENT (:FIS)- Page 3 (9) Describe the costs andbenefits to any independently ownedbusiness, including a description of the specific reporting andrec01·dkeeping requirements upon those employing fewer thanlO employees. Any independently owned business that owns or operates a non-metallic mineral processing plant will benefit ifit 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 independently owned businesses. Therules 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 asfollows: Env-A 603.01 PermitRequired. (a) No person shall cause or allow the construction or installation ofa 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 ofthis chapter, without having applied for and been issued atemporary permit. (b) No person shall cause or allow the operation ofan 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 ofthis chapter, without having applied for and been issued a state permit to operate. (c) No person shall cause or allow the operation ofa 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 ofthis chapter, without having applied for and been issued a title V operating permit. (d) Excluding majorsources andsynthetic minorsources, a stationary source, area source, or device as specified in Env-A 603.02(a) may be installedor operatedpursuant to apermit-by-notification and will be exempt from any otherpermittingrequirementin this chapter 

### if it meets the requirements of Ellv-A 603.02(b). Adopt Env-A 603.02 to readasfollows: Env-A 603.02 Permit-by-Notification. (a) A non-metallic mineralprocessingplantas defined in Env-A 2802.03 shall be eligible to be installedor operatedparsaa/ltto apermit-by-notification. (h) To install oroperate a non-metallic mineral**proces.~ing**plantpunmantto apermit-bynotification, the owner or operatorshallcomply with Env-A 2806. Readopt with amendments Env-A 605.03 andEnv-A 605.04, eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 605.03 ProofofLegal Authority. Where the applicant is not the legal owner ofthe source or device that is the subject ofthe application, a copy ofthe agency agreement authorizing the applicant to act on behalfof the owner forpurposes ofthe application shall be sHbmi'ctedfiled as part ofthe application for a permit. Env-A 605.04 Certification ofthe Responsible Official. (a) An application form, report, or compliance certification ffili>mitted tofiled with the department pursuantto this chapter shall contain a written statement certifying the truth, accuracy, and completeness of the document and shall be signed by theresponsible official. Unless otherwise specified, this certification shall state that, to the best oftheresponsible official's knowledge and beliefformed 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 ofthe 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). AmendEnv-A 606.02(b), eff. 4-26-03 (doc. #7879), citedand to readasfollows: Env-A 606.02 Applicability. (b) An owner or operator ofone ofthe following stationary sources, area sources, or devices shall be exemptfrom the requirement to perform an airpollution dispersion modeling impact analysis: (1) A1i emergency generator subjectto Env-A 1211.11, where the hours ofoperation are limitedAdded text ii1 

### bolditalics Deleted text struck throogh
to 500 hours peryear or less by an enforceable permit condition; Initial Proposal 06-07-10 2

(2) An emergency generator exempt from Env-A 1211.11 pursuantto Env-A 1211.01UJ; or (3) Ree!HIOO-stone crushing egaipment

### A non-metallic mineralprocessingplant equipped with dust suppression controls operated to prevent, abate, and control the emission offugitive dust. 

### Readopt with amendments Env-A 606.03, ejf4-26-03 (doc. #7879), to readasfollows: 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 ofthe permit application 

### one ofthe following information: (a) A request that the department conduct an airpollution dispersion modeling impact analysis; or (b) The results of an airpollution dispersion modeling impact analysis. 

### AmendEnv-A 607.01, eff. 4-26-03 (doc. #7879), as amended 7-28-04 (doc. #8129), as amended4-22-09 (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 ofa new or modified stationary source, area source, or device specified belov>' shall obtain atemporary permit in accordance with the provisions ofthis chapter prior to the construction or installation ofthe source or device ifthe source or device is any ofthe following: (a) An externalcombustion device using naturnl gas, with adesi,;n gross heatinputgreaterthan or 

### equal to 10,000,000 British thermal units (BTUs)perhourthat combusts: (1) Gaseousfuel, as defined in EllV-A 1211.02(s); (2) Lliquefied petroleum gas;; 

### (3) Distillnte weight

**liquidfue~** 

### includingbut not limitedto #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 inputgreater than orequalto 4,000,000BTUsperhourthat combusts #4 fuel oil; '.Viti! a design ratiHg greater thaH or egaal to 4,0GO,GOO BTUspBF-hoor of gross 

### heat--ffi13Btt (c) 

### An external combustion device using coal, wood, 

### with a design gross heatinputgreater than or equal to 2,000,000 BTUsperhour that comlmsts: (1) Solidfuel; (2) Residualweight liquid fuel, including but not limitedto #6 fuel oil;; (3)

**U~tsecl** oil as defined in Env-A 101.209,; or 

### (4) Aany combination thereef;- 

### of (1) through (3}, above; with a design rat-in-g-gf8f\tef-thmr-er equal to 2,0QO,OOO BTUs perheur ofgross 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** ofgross 

### heat-inprn,-devices at a source whiclt-either-where: (I) 

### Each device cGombusts liquid fuel oil 

### andhas a design gross heat inputgreater than 150,000 BTUsperhour, for which 

### and the combined total design gross heat input for all suchAdded text in bold italics Deleted text ctruclc through 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 inputgreater than 1,500,000 BTUsper 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 VOCemissions, except for any source whose solvent metal cleaning operations have combined actual emissions ofless tban 5 tons ofVOCs per year; {no change to paragraphs (y) through (ad)) Readopt with amendments Env-A 607.02, eff. 4-26-03 (doc. #7879), to read asfollows: Env-A 607.02 Timelv Application. (a) For an initial temporary permit, an application shall be considered timely ifit is reeeived byfiled with the department priorto the construction or installation ofa new or modified source or device. (b) For the reissuance ofa temporary permit, an application shall be considered timely ifitis reeeived by-filedwith the department at least YO days prior to the designated expiration date ofthe temporary permit. Readoptwith amendment Env-A 607.03, eff. 6-8-06 (doc. #8654), to read asfollows: 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 ofhazardous air pollutants subject to 112(g) ofthe Act, all information required pursuant to 40 CFR 63.43(e); (f.e) Where airpollution 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 requiredpursuant to Env-A 624,; (g) Proofof source ownership orpermissible use, as specified in Env-A 605.02; (h) For a source withairpollution controlequipmentas defined in Env-A 101.17, an airpollution controlequipment monitoringplan or catalystmanagementplanpursuant to Env-A 810.01; and (i) If aplan is notrequiredpursuantto Env-A 810.01, a description ofthe monitoringthe source intends to conductto demonstrate compliance with allapplicable state and federal statutes, rules, and permits, as specified in Env-A 810.02.Added text in bold italics Deleted text streek tllrough Initial Proposal 06-07-10 4

Readoptwith amendments Env-A 607.06, eff. 4-26-03 (doc. #7879), to read asfollows: 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 atemporary permit shall, upon becoming aware or being notified by the department ofsuch failme orincon·ect submittalfiling, 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, ifthe department requests additional information in order to evaluate or take final action on that application, the information shall be submittedfiled in writing within 30 days ofreceipt ofsuch arequest. Readopt with amendments Env-A 607.08, ejf. 4-26-03 (doc. #7879), as amendedejf. 7-28-04 (doc. #8129), cited and to read asfollows: Env-A 607.08 Permit Expiration. (a) The expiration elate ofeach temporary permit shall be 18 months afterthe date ofits 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 pmsuantto RSA 125-C: 13. (<!c) Unless reissued in accordance with Env-A 607.09, atemporary permit shall expire on the expiration date listed on the temporary permit. (ed) Exceptasprovidedin (e), below, +the expiration of a temporary permit shall terminate the owner
or operator's right to construct or operate anew or modified source or device pursuant to the permit,. (e) Fora source ordevice thathas completedconstmction anddemonstratedcompliance through testing, if applicable, and for which HH-ki;.s a timely and complete application for a state permit to operate, title V operatingpermit, or an amendment thereto, has been reoeived byfiled with the department, 4Joo--tfie submittal ofa timely auc! oomplete applioatiou for any ofthe foregoing permits, the right to wRSlfltel-operate shall continue; under the terms and conditions ofthe expired temporary permit,pending the department's decision on the application. Readoptwith amendmentsEnv-A 607.10, eff4-26-03 (doc. #7879), to read

### asfollows: Env-A 607.10 Application Shield: Temporary Permits. (a) If an applicantSt!Bmit&-files a timely application;that bas been deemed complete by the department for the reissuance ofatemporary permit or the issuance ofan initial state 

### pennit to operate, the failure to have
a current and valid temporary permit shall not be considered a violation ofRSA 125-C: 11, I or Env-A 607.0I unless and until the department **takes-Rn-ahle~&-flJ':l'lieatioll-By--cleuying** denies the requested reissuance oHt-temjJeffiry-jlOffilit-oHss!ffifloe efn statG-j3efmiHo-opefllte-and: 

### (1) The applicant does notappealthe denial within the time specifiedin RSA 

### 125-C:l2, III; or (2) The denial is affirmedafterallavailable appeaL! have been exhausted. (b) Ifthe department deems an application complete, butrequests 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.Added text in bold italics Deleted text struek tloro,;gR 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 asfollows: Env-A 608.0I 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 ofthis 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 ifit is reeeived byfiled 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 ofsuch permit shall be considered timely ifit is reeeived byfiled with the department at least 90 days prior to the designated expiration date ofthe current state permit to operate. Env-A 608.03 Application Procedures For StatePermits to Operate. An application package for a state permit to operate shall include the following: (a) The information specified in Env-A I703 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 airpollution dispersion modeling is required for a source or device pursuantto Env-A 606.02, the information required pursuant to Env-A 606.03.-; (d) Proofof source ownership orpermissible use, as specifiedinEnv-A 605.02; (e) For a source with airpollution control equipment, as defined in Env-A 101.17, an airpollution control equipm.entmonitoringplan orcatalystmanagementplanpursuantto Env-A 810.01; and (f) Ifaplan is notrequiredpursuantto Env-A 810.01, a description ofthe monitoringthe 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 andEnv-A 608.06, eff 4-26-03 (doc. #7879), to read asfollows: Env-A 608.05 Acknowledgment and Completeness ofApplication. Pursuant to RSA 541-A:29, I, within 60 days ofreceipt ofan application.filedby anapplicant, 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 submittedfiled 

### incorrect information in an application for astate permit to operate shall, upon becoming aware or being notified by the department ofsuch failure or incorrectffiffimittalcfiling, submit-file in writingte-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, ifthe department requests information in order to evaluate or take final action on that application, the department shallrequest such information be sHbmittedfiled in writing within 30 days ofreceipt ofsuch arequest.Added text in bold italics Deleted text streek tluough Initial Proposal 06-07-10
Readopt with amendments Env-A 608.08, eff4-26-03 (doc. 117879), to read asfollows: 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 departmentpursuant to RSA 125-C:l3. (b) The expiration of a statepermit to operate shall terminate the right to operate under the permit unless a timely and complete renewal application has been sHbmil±eEI-ffi-filedwith the department. (c) After the da:e ofsubmi-IJ:ai-Bf-a timely and complete application for renewal isfiled with the 6

department, the owner or operator may continue to operate under the terms and conditions ofthe expired state permit to operate until the department has taken final action on the renewal application.
of: (d) If the department denies the renewalapplication, the owner oroperatorshall cease to operate as
(1) The date of the denial, if applicantdoes not appeal the denial within the time specified in RSA 125-C:J2, III; or (2) The date the denial is affirmedafterallavailable appeals have been exhausted. Readopt with amendments Env-A 608.10, eff4-26-03 (doc. #7879), to read as follows: Env-A 608.10 Permit Renewal. (a) The owner or operator shall submit tofile with the department an application for permit renewal at least 90 days prior to the designated expiration date ofthe 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 forpermitrenewal. Readopt with amendments Env-A 608.12, eff4-26-03 (doc. #7879), to read CISfollows: Env-A 608.12 APQlication Shield: State Permits to Operate. (a) Ifan applicant !lli8mit&-files a timely application for a state permit to operate which the department has deemed complete, the failure to have acurrent state permit to operate shall not be considered aviolation 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 permitand: (1) The applicantdoes notappeal the denial within the time specified in RSA 125-C:J2, III; or (2) 11w denial is affirmedafter all available appeals have been exhausted. (b) Ifthe 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 ifthe 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, eff4-26-03 (doc. #7879), to read asfollows: Env-A 609.06 Application Procedures ForTitleV Operating Permits. (a) The owner or operator of any source or device required to obtain a title V operating permit pursuantto Env-A 609.01 shall SH!Jmit-file an application for such permitte-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) Proofof source ownership orpermissible 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 airpollution control equipment as defined in Env-A 101.17, an air pollution control equipment nwnitoringplan or catalyst managementplanpursuantto Env-A 

### 810.01; and (7) 

### If aplan is notrequiredpursuant to Env-A 810.01, adescription of the monitoringthe source intends to conduct to demonstrate compliance with allapplicable state and federal statutes, rules, andpermits, 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 ofthe 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 ifit is seemitted to 

### filed with the department according to the following schedule: (I) Subject to (2), below, each source thatbecomes subject to the title V program after the effeelive sate ofthis 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 commencingoperationpursuantto a temporaryperm.it; (2) Each major source required to meetthe requirements of section 112(g) ofthe Act or to have a permit under the preconstruction review program approved as part ofthe New Hampshire SIP under parts CorD oftitle I ofthe Act, shall 

### submit-file a permit application to obtain a title V operating permit or title V operating permit revision within 12 months ofcommencing operation; and (3) Any source that becomes subject to the provisions ofsection 112U) ofthe Act shall s$mit 

### file a title V operating permit application in accordance with the provisions ofsection 112U) and 40 CFR 63.50 through 63.56. (b) For the renewal ofa title V operating permit, an application shall be considered timely ifit is reeeived by 

### filedwith the department at least 6 months priorto the designated expiration date ofthe current title V operatingpermit. Env-A 609.08 Application Shield: 

### Title V Operatinr: Permits. (a) Ifan applicant sal3mitsfiles a timely and complete application, for the issuance orrenewal ofa titleAdded 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 ofthis part unless and until the department takes fiaal action oa tke applieatioa by denyiag denies the requested permit and: (I) The applicant does notappeal the denial within the time specifiedinRSA 125-C:J2, III; or (2) 11ze denial is affirmedafter allavailable appeals have been exhausted. (b) The protection granted in (a), above, shall cease to apply ifthe 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 readas follows: Env-A 609.12 Application Deficiencies. (a) An applicant who fails to

**~file** any required information or who has wbmittedfiledincorrect information in any pennil application shall, upon being notified 

### by the department or otherwise becoming
aware ofsuch 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 ofrelease ofthe draftpermit, 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 CFR70.5, ifthe 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 readas follows: Env-A 609.15 Permit Expiration. (a) A title V operatingpermit shall bein effect until the expiration date,unless the department suspends thepermit in accordance with theprovisions ofRSA 125-C:13 and Env-A 609.19. (b) The expiration of a title V operatingpermit shall terminate the owner or operator's right to operate under the permit unless the owner or operatorsHemitsfiles a timely and completerenewal application t&-with the department. (c) After the date ofsubmittal of a timely and completerenewal application isfiled with the department, the owner or operator may continue to operate under the terms and conditions ofthe expired title V operating permit until the department has taken final action on the renewal ofthe application.
of: (d) Ifthe departmentdenies the renewalapplication, the owner or operator shallcease to operate as
(I) The date ofthe

**denia~** if applicantdoes notappeal the denial within the time specifiedin RSA J25-C:12, III; or (2) The date the denial is affirmedafterall available appeals have been exhausted. Readoptwith amendments Env-A 609.18, eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 609.18 Criteria for PennitRenewal.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 ofEnv-A I00

**~**iiffi· and the Act; and (2) The owner or operator's compliance status with the conditions ofthe existing permit, and all applicable requirements ofEnv-A 300

**~** !iffi. and the Act. (b) The department shall take final action on a permit renewal ofa title V operating permitprovidiog lfla!-by issuing apermitrenewalonly 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. Proofof source ownership orpermissible use, as specified in EllV-A 605.02; and be. Where airpollution 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 ofthe proposed title V operating permit provide for compliance with all requirements ofEnv-A 300 et seq. and the Act; and (5) TheEPA has received 

### acopy of the proposed title V operatingpermit 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 ofthis part, the· following definitionsshall apply: (a) "Emergency generator" means "emergency generator" as defined in Env-A !Ol.t (8) "FiJleElJ3lant" means any aoa metallie miaeralj3roeessiagJ31aat at whish the J3FOeessiag eqnij3ment, sHell as entsher, grinding mill, sereening operation, l:n±eket elevator, belt eonveyor, bagging operatioR, storage eia, eaeloseEl truek orrailear 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 ofthe followiag miaerals or any rniKture ofwhish 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 bolditalics 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-I0

(18) Kyanite, ineludffig-andalusite, sillimanite, topaz and dumoHiBH!e; 10

(d) "Non metallic mineral processiog plant" means any eombiHation ofeqaipmeRt 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) "Portaeleplant" means any lleJHBetallic mioeral preeessiogplaot that is mounted on a chassis or skiE!iHllld may be &ooved by the applieatioo of a lifting orpc;lliog force. The term does oot ioelude fixed plaots. Readopt with amendments Env-A 610.04, eft 7-28-04 (doc. #8129), to read asfollows: 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 usedas an emergencygeneratorthat operates no more than 500 hoursperyearduring any consecutive 12-monthperiod+fie-fellewing shall bea sourcecategmy categories for 

### a general statepermits-;. (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 perhour; or b. For aportable plant, 150 taos per h'*"" Readopt with amendmentsEnv-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 ageneral 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) Thetitle and description ofthe 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 coveredby the proposed
source category meet the specific applicability requirements for a statepermit to operate in accordance with the provisions ofEnv-A 608; b. More than one stationary source, area source, or device would becovered by theproposed
source category; andAdded text in bolditalics 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 ofthe receiptby the department ofthe petitionfUed by thepetitioner, 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 submittedfiled within 30 days of such request. Readopt with amendments Env-A 610.08 andEnv-A 610.09, eff 7-28-04 (doc. 118129), to readasfollows: 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 ofastationary 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 ofsource ownership or permissible use, as specified in Env-A 605.02. Env-A 610.09 Department Review ofRegistration Package. (a) The department shall review each registration package for ageneral state permit to ensure complete and accurate information is suemittedfiledin 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 withEnv A 610.08, within 15 days ofreceipt by the department ofthe 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 ofapproval to the source with a copy ofthe general permit(s) attached; or (2) 

### bwe-a-A letter ofdisapproval which sHall-specifically iclentifyies thereason(s) for disapproval. (c) For a souree for whieh the registratioa paekage is fotfflfl-1/the department finds the registration package to beincomplete, inaccurate, orunclear io aeeerdaoee with Env f, 610.08, within 15 days ofreceipt by the department ofthe registration package filedby 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 ofthe 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 submittedfiledincorrect information for a general statepermit shall, upon becoming aware of or being notified by the department of such failure or incorrect submittal, submitin writing tojile with the department such supplementary facts or corrected information in writing no later than 30 days after the discovery ornotification. (e) 

### Ifthe department requests clarification from the owner or operator ofthe information s-t:tB-mittedAdded text in bold italics Deleted text struck throoglt Initial Proposal 06-07-10

filed in accordance with Env-A 610.08, the owner oroperator shall

**~file** the information in writing within 30 days ofreceipt ofthe request. 12

(f) For a source that receives a letterpursuant to (c), above, within 75 days ofthe department's receipt ofthe registration package filed bythe source, the department, in accordance with RSA 125-C:II and RSA 125-C: 13, shall issue either: (1) Isffi*Hl--A letter ofapproval to the source with a copy ofthe general permit(s) attached; or (2) Issue a

### A letter ofdisapproval which sl!all-specifically identifyies thereason(s) for disapproval. Readopt with amendments Env-A 610.13 andEnv-A 610.14, efj 4-26-03 (doc. #7879), to read asfollows:
Env-A 610.13 Expiration DateAnd General State PermitReestablishment Procedures. (a) Each general state permit shall be: (1) £established for a period of5 years; and shall be (2) Rreestab!ished in accordance with the procedures for the reestablishment of a general state permit specified inEnv-A 620. (b) The department shall notify each owner or operator ofthe outcome ofthereestablishmentprocess 

### in writing. (c) If Lhe general state permit is not reestablished, the owner or operator ofa source operating under an existing general statepermit sha11 &l±bmi!-file an application with the department for a state permit to operate pursuant to Env-A 608 within 90 days ofbeing notified by the departmentthat the general statepermit was not reestablished. (d) Ifthe general state permit is reestablished, the owner or operator ofa 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 ofthe general statepermit for a period ofnot more than one year; (2) Publish apublic notice in a newspaper ofgeneral daily statewide circulation stating the 

### extension ofthe expiration date ofthe general state permit; and (3) Notify each owner or operator operating under the general state permitregarding the extension ofthe 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 ofastationary source, area source, or device operating under a general state permit may choose to comply instead with a statepermit to operateby: (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, elf4-26-03 (doc. 117879), to readasfollows:Added text in bold italics Deleted text st'H!e!Hltm<tgh Initial Proposal 06-07-10

Env-A 610. I6 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, ifapplicable; (3) All additional information necessary to determine qualification for, and to ensure compliance with, the general permit; (4) Proofof source ownership orpermissible use, as ;pecifiedin 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 asfollows: Etw-A 612.01 Administrative Permit Amendments. (a) The owner or operator may implement the changes addressed in the requestfor an administrative amendment immediately upon submittal ofjilingthe request with the department. (b) The department shall take final action on arequest for an administrative amendment within liO days ofreceiptby the department of£Hclt-a requestfiledpursuantto (a), above, and shall, in the case oftitle V operatingpermits, submit a copy ofthe revised permit to EPA. (c) Notice to the public or affected states ofthe 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, eff4-26-03 (doc. #7879), to read asfollows: Env-A 612.03 MinorPcnnit Amendments: Temporary Permits and State Permits to Operate. (a) The owner or operator ofa 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 ofa specific air pollutant currently emitted by the source or device and will not result in the emission of any regulated airpollutant or regulated toxic airpollutant cun·ently not emitted by the source or device. (b) Therequest for a minorpermit amendment shall: (I) Be in the form of a letterto the department; (2) Describe the proposed change; and (3) Describe any new appliea.e!&requirements that will apply ifthe change occurs. (c) The department shall take final action on a requestfor a minorpermit amendment within 90 days ofreceipt of£Hclt-a request filedpursuantto (a) and (b), above. (d) The owner or operator may implement the proposed changeimmediately upon filing a request for minor permit amendment with the department.Added text in bolditalics 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 ofthe source or device covered 

### by the temporary permit or state permit to operate which increases the amount ofaspecific air pollutant currently emitted by such source or device or which results in the emission ofany regulated air pollutant currently not emitted 

### by such source or device ornot covered

### by thepermit for the source ordevice. (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, ifapplicable, 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 ifthe change occurs; and (4) Where airpollution 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 arequest for asignificant permit amendinent within 90 days ofreceiptby the department ofsoolra request filedpursuant 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 anduntil the department issues 

### the amended permit. Env-A 612.05 MinorModifications: Title V OperatingPermits. (a) Prior to implementing a minor title Voperating permit modification, the owner or operator shall

**~file** a written request to the department for a minor permitmodification for those changes thatqualify


### as minor permit modifications under this 

### section. (b) Fora source ordevice thathas been issueda temporarypermit, an applicationfora minor permit modification shallbe consideredtimely if itisfiled with the department at least 90 daysprior to the designated expiration date ofthe temporarypermit. (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 themodification, 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 ifthe change occurs;Added text in bolditalics 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 ofEnv-A 605.04(b), that the proposed change meets the criteria for the use ofthe 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 ofthe information required in-by (1 ), above. (ed) Within 5 working days ofthe receipt by the department ofa request filedpursuantto (a)-(c), above, for a minor permit modification to a title V operating permit, the department shall notify EPA and any affected state(s) ofthe 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 of90 days from receiving an application filedpursuantto (a) -(c), above, or 15 days after the end ofEPA's 45-day review period, the department shall: (1) Issue the requested permit modification ""fl'6j3ese<l-ifit meets the requirements ofthis section; (2) Deny the requestedpermit modification ilj3j>lieillie!rifit does not meet the requirements ofthe section; (3) Determine that the requested modification does not qualify as a minor permit modification and review the requestunder the significantpermit modification procedures in Env-A 612.06; or (4) Revise the draft permit to the extent that it does not meet the requirements ofthis section and send to EPA andto 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 minorpermit modifications. AmendEnv-A 612.06(c), (e) and If), eff. 4-26-03 (doc. #7879), amendedeff. 7-28-04 (doc. #8129), cited and to readas follows: Env-A 612.06 Significant PermitModifications: Title V Operating Permits. (c) Prior to implementing a significant permit modification, the owner or operator shall Sl!bmit-file a written requestte-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. Theemissions resulting from the change; and Initial Proposal 06-07-10

c. Any new "f'plienble requirements that will apply ifthe change occurs; (3) The owner 

### or operator's suggested draftpermit conditions; 16

(4) Certification by a responsible official, consistent with theprovisions ofEnv-A 605.04(b), that the proposed change meets the cliteriafor the use ofthe significantpermit modification procedures; (5) A request that significantpermitmodification procedures be used; (6) Where air pollution dispersion modeling is required for a source or device pursuantto Env-A 606.02, the information required pursuant to Env-A 606.03; and (7) Thefee(s) specified in Env-A 702 through Env-A705, as applicable.
(e) An application for a significant modification to a title V operatingpermit shall bedeemed complete 

### by 

### the department within 60 days offeGeipt by the-<lepaftmeffi-itsfiling, unless the department requests additional information or otherwise notifies the applicantofincompleteness. (f) The department shall take final action on a request for signihcantpermit modification no laterthan 

### 9 months afterreeeipt thefiling ofa complete application provided that: · (1) Theprocedures for public participation specified in Env-A 622 have been satisfied; (2) Therequirements for notifying and responding to affected states specified in Env-A 622.03 havebeen satisfied; (3) Theconditions ofthe permitprovidefor compliance with all applicable requirements oftitle V ofthe Act and all applicable requirements ofEnv-A 300 et §.fill.; and (4) TheEPA has received a copy ofthe proposed permit and any notices required and has not objected to issuance ofthe significantpermitmodification within the time period specifiedin Env

### A609.13(b). Readopt with amends PARTEnv-A 616, eff 4-26-03 (doc. f/7879), to read as.follows:
PARTEnv-A 616 DETERMINATION OFACTUALEMISSIONS Env-A 616.01 Determination ofActual Emissions. 

### fat-The

### aepartmeffi-Owner or operator of a stationary sourceJ area source, ordevice 

### shall determine the actual annual emissions from stationary sources, areacthe sources, 

### or devices in this part by using: as 

### specifiedin Env-A 705.02. (1) EPA's Compilation ofAirPollutantEmission Fosters, AP 42, as revised, inemporatcd herein syreferenee, 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** orEPA in eonjunetion with tbe-&perating **eot~eeified** on any permitissue&-f>UFSuant to thi&-eh"f'ter; (3) Reporlefl-.!est data in eonjtmetieH-With the epeffiti»g-€BHditionsspeeified on any-pBfmit-issued pmsuant to tll-is-eflapter, wl:ere suffi-test data was eollee:ed tfirongh the use oftesl-lretl>eds apjlrGVed by the departmentpursuantto E!Pf-A-.802 orEnv ,A, 809 orEPA; 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-inAclclecl 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. AmendEnv-A 617.01 intro, (a), and (b), eff4-26-03 (doc. #7879), to readasfollows: Env-A 617.01 Exception to Obtaining aTemporary Permit or State Permit to Operate. Notwithstanding the provisions ofEnv-A 603.01(a) or (b), a temporary permit or a statepermit to operate shaJI not be required for any research and development operation provided that all ofthe following conditions are met: (a) The owner ofan 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 ofa research and development operation according to the requirements found in (c) through (e), below; (b) The owner ofa new stationary source, area source, or device 

### submittedfiled a written request to with the department prior to the construction, installation, or operation ofthe 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 ofa research and development operation according to the requirements found in (c) through (e), below; (no change to (c) through (e)} AmendEnv-A 617.02 intra, (a), and (b), eff. 4

..26-03 (doc. #7879), to readasfollows: Env-A 617.02 Exception to Obtaining aTitle V Operating Permit. Notwithstanding the provisions of Env-A 603.0l(a) or (b), a title V operatingpermit shall not berequired for any research and development operation provided that all ofthe following conditions are met: (a) The owner ofan existing stationary source, area source, or devicesttb-mi-ts-files a written request te 

### with the department to treat the stationary source, area source, or device as aresearch and development operation and receives a written determination from the department that the stationary source, area source, or device meets the definition ofa research and development operation according to the requirements found in (c) through (g), below; (b) The owner ofa new stationary source, area source, or devlce Sl:lbmitsfiles a written requestte-with the department prior to the construction, installation, or operation ofthe 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 ofa research and development operation according to the requirements found in (c) through (q), below; (no change to (c) through (g)} AmendEnv-A 618.05 intra, (b), and(d), eff. 4-26-03 (doc. #7879), to readas follows: Env-A 618.05 Procedure for Acquiring and ImplementingEmissions 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 ormodified 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 ofthis section shall beffiffimitle<l-filed as part of thepermit application, as required under Env-A 600; and
Readopt with amendment Env-A 619.05, 

### 4f4-26-03 (doc. 117879), to readasfollows: Env-A 619.05 DepartmentReview. (a) 

### Within 30 days ofreceiptof anapplication, t+he department shall notify

### ffft-lhe applicant

### w±lflffi JO days ofreeeipt-Bf..tHe..aJ>rliBllt-ie»,-as to the completeness ofthe 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 ofthe application

### for ]Jllf1JOses of(c), below, shall be the date on which the department receives all requiredinformation. (c) Within one year after

### feeeipt-thefiling ofa complete application, the department shall make a final determination ofwhether construction shouldbe approved, approved with conditions, ordisapproved, in accordance with the provisions of40 CFR 52.21 (j)- (p).
AmendEnv-A 620.05(d), eff 7-28-04 (doc. #8129), cited and to readas 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 ofreceiving such information.
AmendEnv-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) Ifthe applicant is not a municipality, the applicant shall

**~file** 2 copies ofthe permit application 

### te-with the department. (b) Ifthe applicant is a municipality, the applicant shall

### ffiffimie-file one copy ofthe permit application
le

### with the department and shall make anothercopy available to thepublic for review. [no change to (c)- (e)] AmendEnv-A 622.04(a) intra and (1), qff. 7-28-04 (doc. f/8129), cited and to readas follows:
Env-A 622.04 EPAReview. (a) The department shall provide the following to EPA: (I) A copy ofthe permit application Ol", upon agreement with EPA, a summary thereof, unless the applicant has

### ffiffim#!OO-filed a copy ofthe permit application 

### te-with EPA pursuant to Env-A 609.06(d); {no change to (a)(2)-(4) or (b)}Added text in bolditalics Deleted text sJ.rHek throHgh Initial Proposal 06-07-l0 19

AmendEltv-A 622.06(a) and (b), efj 7-28-04 (doc. 118129), cited andto readas 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 ofthe permit application te-with the department, except as noted in (b), below. (b) Ifthe applicant is a municipality, the applicant shall tr!lbmit-file one copy ofthe permit application le-witlt the department and shall make another copy available to the public for review. (no change to (c) or (d)) AmendEnv-A 624.03(c}, eff 6-8-06(doc. 118654), citedandto readas follows: Env-A 624.03 Permit Application Required. (no change to (a) or (b)) (c) The owner or operator ofa source subject to (b), above, shall makB--jile a timely application for and obtain a title V operating permit or amendment thereofin accordance with Env-A 609 or Env-A 612, as applicable, for the continued operation ofthat source.

APPENDIX Rule Section(s) State orFederal Statute I Federal RegulationImplemented 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; 42U.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; 42U.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; 42U.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; 42U.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

STATEOFNEWHAMPSHIRE

FROM 

## ~ **~~el0,2010** Thomas S. Burack Commissioner AT (OFFICE) 

### DES

SUBJECT 

### Requestfor Fiscal Impact Statement
To Legislative BudgetAssistant



### In accordance withNHRSA 541-A:S, enclosedplease find aRequestfor FiscalImpact Statement and a copy ofthe corresponding administrativerules for the following:
Env-A

**~. ~.**  

### 903.01(b), 907.0l(a), 

### +703 01

### (a): Amendments relatingto Permit-ByNotification; Determination ofActual EmissionsforUse in Calculating Emission-BasedFee

Please fax the Fiscallmpact Statementto GretchenHamel at271-8805.

Ifyou have any questions, please contact Gretchen Hamel at 271-3137.

cc: GretchenHamel, Administrator, DES Legal Unit KarlaMcManus, ARD Planning and RulesManager

·;

### OFFICE OF LEGISLATIVE BUDGETASSISTANT REQUESTFOR FISCALIMPACT STATEMENT (FIS)

PIS Number I. 

### Agency Name & 

### Address: Department ofEnvironmental 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 ofAction: 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 DateExpired: 6. ShortTitle: Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Use in CalculatingEmission-Based Fee 7. Contact Person: Name: Address: Gretchen Hamel Depatiment ofEnvironmental 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 ofthe 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 permitfee 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 ofdetermining actual emissions to use to calculate emission-based fees) with a specific list ofthe types ofdata 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. Theproposed amendment to Etw-A 907.01 would exemptPBN facilities/devices from the annual emissions report requirements. Env-A 1700 establishes permit application forms. Env-A 1703.0I 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 permitfor nonmetallic mineral processing plants with the PBN.) 

### (2) Is the cost associatedwith this rule mandatedby the rule or bystate statute? 

## If the cost is mandatedbystatute, then the rule itself maynothave a cost or benefit associatedwith it. Please state either the statute orchapter law that is instigating this rule. An application fee of$1,000 is beingproposed 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 ofsuch a plant to pay a $2,000 application fee as well as on-going emission-based fees (for these

### REQUEST .FORFISCALIMPACT STATEMENT (FIS)- Page2 plants, typically in the range of$130to $700 per year). RSA 125-C: 12, IV and V authorize the Department to collect fees from permitted sources to cover its reasonable costs ofimplementing and administering the permitting programs. The stati'!fe 

### [fOes not'si)ecify the amount ofthe 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 ofthe 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 pursuantto RSA 125-C:4, I(d), (i), & 

### (k) to implement the permittingrequirements of RSA 125-C, and in particular the permit fee requirements specified in RSA 125-C:12. 

### (3) Compare the cost of theproposedrule with the cost of the existing rule, 

## if there is an existing rule. The cost ofthe proposed rule is expected to be lower than the cost ofthe existing rule for those owners ofnonmetallic mineral processing plants who optto obtain a PEN in lieu ofa general state permit or state permit to operate, per the discussion in (2), above. Forthe 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 andbenefits to the state general fimdwhich wouldresult from this rule. There are no costs or benefits to the state general fund resulting from the proposed rules. The same staffwho currently implementthe program will continue to do so, onrl in any event are not paid from the General Fund

.



### . (5) Explain andcite the.federalmandate for theproposednile, 

## if there is such a mandate. How wouldthe mandate affectstate funds? There is no federal mandate for the proposed amendments, since they primarily are for the purpose ofestablishing a PEN option for non-metallic mineral processing plants. 

### (6) Describe the cost andbenefits to any state special fundwhich wouldresult. 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 extentthat owners ofnon-metallic mineral processing plants opt to obtain a PEN in lieu ofa general state permit or state permitto operate, fee revenue will decrease. Currently, 19 sources that fall within the scope ofthe proposed PEN hold a general state permit and 28 hold a state permit to operate. TheDepartment estimates that an additional 100 sources (approximately) meet the permitting requirements but do not have permits. Ifall ofthe 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, ifonly 20% ofthe 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 ofthe 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 andbenefits to thepoliticalsubdivisions of the state. The Department has no record ofany political subdivision owning or operating a non-metallic mineral processing plant, and so the proposed amendments are notexpected to result in any direct costs or benefits to political subdivisions. (Ifa 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, ifit chose to obtain a PBN in lieu ofa general state permit or state permit to operate.)

### REQUESTFORFISCALIMPACT STATEMENT (FIS)- Page 3 (8) Describe the costs andbenefits to the citizens of the state. The proposed rules are not expected to result in any direct costs or benefits to citizens ofthe 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 ifs/he chooses to obtain a PBN in lieu ofa general state permit or state permitto operate (see #2, above). Otherwise, the proposed amendments are not expected to result in any direct costs or benefits to citizens ofthe state. 

### (9) Describe the costs andbenefits to any independently ownedbusiness, includinga description of the specific reportingandrecordkeeping requirements upon those employing fewer than I0 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 processingplant will benefit ifit chooses to obtain a PBN in lieu ofa general state permit or stale permit to operate (see #2, above). The only proposed revisions to the reporting and recordkeeping requirements is to exempt facilities covered by a PBN from having to comply with them. This exemption would apply regardless ofthe size ofthe 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 readasfollows:**~ uv~A**  702.04 Permit-by-Notification Fee. The owner or operatorofa stationary source, are source, ·device thatappliesfor apermit-by-notificationpursuantto EnP-A 603.02 shallsubmit the departme1 afee of $1,000 with thepermit application. Readopt with c 1endments Env-A 705.02, ejf 6-26-04 (doc./18111 ), to readasfollows: -Based Fee.**OOJ*ll~lellHI-H-Ei-al+--owner** or operators ofa 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< afrom a certifiedgaseous CEMsystem 11 eting the requirements of Env-A 808, which in udes substitute data itz accordance 

### rv. 'rh EIZV-A 8p8.13for eachperiod

. for which the CEMsys m did not collectvaliddata; 

### ' 

# JXi Emissionfactors bas l on**et~zissions** dataJron the most recently conductedcompliance methodstacktest observedm approvedby the d artmentpursuantto Env-A 802 orEnv-A 809, orby EPA, in conjwzctiotz/ itlz the operati g conditions specified in thepermit for the 

### device issuedpursuantto**E)zv~A** 

### 0;**~** 

### Emissions calculated ft·om a m s alance of theprocess, in conjunction with the operating conditions specifiedin thep zit for the device issuedpursuant to Env-A 600; 

### {;() Emissionfactors based on a ernate e issions data guaranteedby the manufacturer of the device, certifiedby EPA as curateforth device, or collectedduring a stack test of an identical device that was not Jserved by the de[ rtment, that meets all otheracceptance 

### criteria specified in (2), ab 1e, in cOifjltlzction wit 

### he operating conditions specifiedin the pennitfor the device issz dpursuantto Env-A 600;**~** AP-42, Fifth E ilion, "Compilation of AirPolluta Emission Factors, Volume 1: Stationary Pointa 

# a Area Sources",publishedin1995by ze EPA, assupplemented from 1996- 2000 and pdatedfrom 2001-2009, in conjunction wi the operating conditions specified in tl permit for the device issuedpursuantto Env-A 00; or 

### (:6;1 En neering calculations that are representative ofthe actua emissions generated, in conjun ion with the operating conditions specified in thepermit 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 ofone t 1per year. 

# !/4 A description ofthe method used for calculating actual emissions shall be submitted the d artment with each fee payment. AmendEnv-A 903.01(b), eff. 4-21-07(doc. #8872), citedandto readas follows: Env-A 903.01 Applicability. (b) The owner or operator offHlny of thefollowing 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 berequired to comply with the requirements ofthis 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 locatedat a source that is subjectto Env-A 600; or (2) 

### A source or device that is operatedpursuant to apermit-by-notification issued pursuant to Env-A 603.02. Amend

### Env-A 907.0l(a), 

### q[f 4-21-07 (doc./18872), citedand to readas follows: Env-A 907.01 General Reporting Requirements. (a) The owner or operator ofany stationary source, area source or device subject to Env-A 600, excludingasource ordevice operated pursuantto a**permit~bywnotification,** 

### shall submit an anmwl emissions report to the department on or before April 15 ofthe yearfollowing the calendar year covered by the report. endEnv·A 1703.0 t), eff5-3-03 (doc./17886), 'tedand tor das follows:

A applicant for any type ofpermit

### othertl n a eneralpermit orpermit-by-notification shall mplete a ·mARD-1, "General Information r all Pen 'tApplications".

APPENDIX Rule Section(s) StateStatute(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

### STATEOF NEWHAMPSHIRE

DATE 

### June I0, 2010
FROM 

# ~~~ Commissioner AT (OFFICE) 

### DES

SUBJECT 

### Request for Fiscal Impact Statement 

### To Legislative BudgetAssistant



### In accordance withNH RSA 541-A:S, enclosed please fmd a Requestfor Fiscal Impact Statement and acopy ofthe corresponding administrativerules 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 Statementto Gretchen Hamel at 271-8805.

Ifyou have any questions, please contact GretchenHamel at 271-3137.

cc: GretchenHamel, Administrator, DES Legal Unit KarlaMcManus, ARD Planning and Rules Manager

### OFFICE OFLEGISLATIVE BUDGET ASSISTANT REQUEST FORFISCAL IMPACT 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 ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 2. RSA Authority: RSA 125-C:4, I(a) & 

### (d) 3. Federal Authority: 4. Type ofAction: 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. ShortTitle: Sand & 

### Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & 

### Concrete Sources 7. Contact Person: Name: Address: Gretchen Hamel Department ofEnvironmental 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 standardsfor cement/ concrete sources and for sand/gravel sources, including those at which such materials are subjectto crushing or grinding. Therules are proposed to bereadopted with amendments to (I) 

### distinguish sources atwhich nonmetallic minerals are subject to crushing or grinding ("non-metallic mineral processingplants") from other sand & 

### gravel sources; (2) separate the particulate matter andvisible 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 replacethe General StatePermit(GSP) option. As part ofthe proposed revisions,. Env-A 101.166 (definition of"sand and gravel source") is proposed to bereadopted with amendment as Env-A 2802.04, and Env-A 1710.04 (previouslythe 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 associatedwith this rule mandatedby the rule or by state statute? 

## If the cost is mandatedby statute, then the rule itself maynothave a cost or benefitassociatedwith it. Please state either the statute orchapter law that is instigatingthis rule. 

### RSA 125-C: 11 prohibits the "construction, installation, operation, ormaterial modification" ofa source ofair pollution unless a permit is obtained in advance from theDepartment. RSA 125-C:12 requires applications for such permits to "beupon such forms, and

... include such information, as the commissioner requires underrules adopted pursuantto RSA 541-A

..." Therules adopted to implement this authority do notrequire the submission of
more information than the Departmentneeds to make a decision to grant or deny a permit application. The costs of obtaining a permit are thus attributableto the statute. Therequirements relativeto equipmenttesting and standards reflect federal requirements for all equipmentmanufactured in 1983 or later, and so those costs also are not

### REQUESTFORFISCALIMPACT STATEMENT (FIS)- Page2 attributable to the state's rules. Underthe proposed rules, all equipment, regardless ofage, will have to meetthe requirements specified in 40 CFR 60 Subpmt 

### 000 and all equipment will have to be tested. (Testing on existing equipmentthat has never been tested will have to be completed within one year ofthe effective date ofthe new rule.) Thus for a small number offacilities, some testing costs are attributable to theproposed rules. Therules are being adopted pursuant to RSA 125-C:4, I(a)& (d) to implement RSA 125-C. 

### (3) Compare the cost of theproposedrule with the cost of the existing rule, 

## if there is an existing rule. For most nonmetallic mineral processing plants, the costs ofobtaining a permit and operating a source ofair pollution will be reduced by the proposed rules (and associated rulemaking proceedings). For plants that were originally installed priorto August 31, 1983, the proposed rule will impose an additional cost oftesting to demonstrate compliance with the particulate matter and visible emission standards in the rule. For a large plant (24 emission points), the cost oftesting by a professional testing company is approximately $3,500; for a small plant (5

- 6 emission points), the cost is approximately $1,500. However, theplants will benefit from a lower one-time application fee, a non-expiring permit which will accommodate the relocation ofportable plants without additional fees, and exemptions from emission-based fees and associated recordkeeping/repmting requirements. The cost of preparing an application for atemporary permitfor a non-metallic mineral processing plant is approximately $500, and the costs ofpreparing an annual emission report and paying the emission-based fee are approximately $500 per year. Consequently, the cost ofthe testing requirement for older plants will be offset by the othernoted changes within 6 years for a non-potiable plant and within one or 2 years for a portable plant ifthe PBN option is elected. 

### (4) Describe the costs andbenefits to the state general fundwhichwouldresult from this rule. Theproposed rule will nothave any effect on the state general fund. The smne staffwho currently implementthe program will continueto do so, and in any event are not paid from the General Fund. 

### (5) Explain andcite thefederal mandate for theproposedrule, 

## !f there is such a mandate. How wouldthe mandate affectstate fonds? There is no federal mandate forthe state to adoptthe proposedrules. However, nonmetallic mineral processing plants built after August 31, 1983 are subject to the requirements of40 CFR 60, Subpmt 

### 000 whether or notthe proposed rules are adopted. 

### (6) Describe the cost andbenefits to anystate special fundwhich wouldresult. Fees and otherfunds collected under RSA 125-C are deposited tothe AirResources Fund established in RSA 125- C: 12, IV. To the extentthatowners ofnon-metallic mineral processing plants optto obtain a PBN in lieu ofa general state permit or state permitto operate, fee revenue will decrease. Currently, 19 sources thatfall within the scope ofthe proposed PBN hold a general state permit and 28 hold a state permit to operate. TheDepartment estimates that an additional!OO sources (approximately) meetthe permittingrequirements but do not have permits. Ifall ofthe 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, ifonly 20% ofthe facilities that are not currently permitted comply withthe (simpler) PBN requirements, an additional $20,000 will be collected. On balance, the net costs to the AirResources Fund as a result ofthe combined amendments (thoseproposed 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 andbenefits to thepoliticalsubdivisions of the state. TheDepattment has no record ofany political subdivision owning or operating a non-metallic mineral processing plant, and so theproposed mnendments are not expected to result in any direct costs or benefits to political subdivisions. (Ifa political subdivision should decide to own or operate a non-metallic mineral processingplant in the future, itwould realize the benefits noted in #3, above, ifit choseto obtain a PBN in lieu ofa general state permit or state permitto operate.)

### REQUEST FOR FISCAL IMPACT STATEMENT (FIS) -Page3 

### (8) Describe the costs andbenefits to the citizens qj'the state, The proposed rules are not expected to result in any direct costs or benefits to citizens ofthe 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 ofage, 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 ifs/he chooses to obtain a PBN in lieu ofa general state permit or state permit to operate (see#3, above). 

### (9) Describe the costs andbenefits to any independently ownedbusiness, including adescription of the specific reporting andrecordkeeping requirements upon those employing fewer than I0 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 anon-metallic mineral processing plant will benefit ifit chooses to obtain a PBN in lieu ofa 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 ofthe size ofthe business that owns the facility.

### Added language in 

### bold italics; deleted language

**siHie-IHI~** 

### Revise the heading of CHAPTER Env-A 2800 asfollows: Initial Proposal 06-07-10

CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES;; 

### NON-METALLICMINERAL PROCESSINGPLANTS; ANI:}-CEMENT AND CONCRETE SOURCES Statutory Authority: RSA 125-C:4, I 

### Revise the heading of PARTEnv-A 2801 asfollows: PART Env-A 2801 PURPOSE

### ANDAPPLICABILITY Readopt with amendments Env-A 2801.01, eff. 11-24-04 (doc. #8218), to readasfollows: Env-A 2801,01 Purpose. The purpose ofthis chapter is to establish: (a) 

### Sstanclards for particulate matter emissions and visible emissions for sand and gravel sources, 

### no11-metallic mineralprocessingplants, and cement and concrete sources,; 

### (b) Fugitive dust requirements for sandandgravelsources, no11-metallic mineralprocessing plants, andcement andconcrete sources; and (c) Permit by notification requirements for non-metallicmineralprocessingplants, Readoptwith amendmentsE11v-A 2802.01, eff. 11-24-04 (doc. #8218), andrenumber as Env-A 2801.02, to readasfollows: Env-A

**;!.&~2801.**

### 02 &eepe-Applicabilitv. This chapter shall apply to any: (a) Sand and gravel source; arul 

### (b) Non-metallic mineralprocessingplant; and (ll-c) 

### Cement, ready mix concrete, or cement block source. 

### Revise the heading of PARTEnv-A 2802 asfollows: PART Env-A 2802 ?>COPE

### DEFINITIONS AdoptEnv-A 2802.01 through Env-A 2802.03 to readasfollows: Env-A 2802.01 "Affectedequipment"meanseach crusher, grinding mill, screening opertttion, bucketelevator, belt conveyor, bagging operation, storage bin, andenclosedtruck orrailcar loading station at an affected facility, as wellas each crusher andgrinding millathotmix asphalt facilities that reduce thesize of nonmetallicminerals embeddedin recycledasphaltpavement. Env-A 2802.02 "Affected facility" meansanon-metallicmineral processingplantother than the following: (a) Afacility located in an undergroundmine; (b) A wetmaterialprocessing operation; (c) Afixed non-metallicmineralprocessingplantwith a capacity of 25 tonsperhour or less; (d) A portable non-metallicmineralprocessingplantwith a capacity of 150 tonsperhour or less; and (e) A common clayplantorpumiceplant with a capacity of 10tonsperhouror less. Env-A 2802.03 "Non-metallic mineralprocessingplant"means any combination of equipment usedto grindorcrush any non-metallicmineral, such asstone, sand, gravel, clay, rocksalt, vermiculite, The term includes all equipment usedin conjunction with thegrinding or crushing equipment to dry, mix, convey, size, or blendtheprocessedmaterial.

### Added language in 

### bolditalics; deleted language 

### sW!lelc throHgll Initial Proposal 06-07-10 2


### Readoptwith amendments Env-A 101.166, eff. 1-18-97 (doc. 116428-A), andrenumber as Env-A 2802.04, to readasfollows: Env-A 101 166 

### 2802.04 "Sand and gravel somce" means any source where grinding, eruslting,at 

### which drying, mixing, conveying, sizing, or blending ofrock, 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 blendsuch materials. The term does notinclude £my equipment oractivities relatedto grinding
orcrushing. 

### AdoptEnv-A 2802.05 to readasfollows: Env-A 2802.05 "Successful compliance test "meansa completedtest that ispe1jormed for the pU!JJOse of demonstrating compliance andthatdoes demonstrate that the source is in compliance with the requirement(s)for which the test is conducted. Revise the heading of PARTEnv-A 2803 asfollows: PARTEnv-A 2803 EMISSION STANDARDS FOR SAND 

### MID GRAVEL SOL'RCES 

### NONMETALLICMINERALPROCESSINGPLANTS Readoptwith amendments Env-A 2803. OJ andEnv-A 2803.02, eff. 11-24-04 (doc. #8218), to readas follows: Env-A 2803.01 Visible Emission 

### andParticulate Standards for Sand and Gravel Sources

### NonmetltllicMineralProcessing 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 mineralprocessingplantthat is an affected facility shallbe subject to 40 CFR 60, subpart 000, 

### regardless of when construction of theplantcommenced. (b) The owner or operator of an affected facility shall conduct a successfulcompliance test on the qffectedequipment in accordance with 40 CFR 60.675 within oneyear after the2010

**~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 successfulcompliance test: (1) Within 60 days after changing the methodof dust suppression usedat the affected facility; (2) Within180 days after initialstartup, !fthe owner or operatorreplaces apiece of affectedequipment; or (3) Iftlte test is otherwise requiredby 40 CFR 60 subpart 000. 

### (d) The owne1· or operator of an q!Jected facility shallnotbe requiredto conducta compliance testsolely because the location of the affected.facility has changed. (ae) The owner or operator ofa sand and 

### graval-s8'df€&-non-metallic mineral processingplantthat is not m1 

### a.ffectedfacility shall not cause or allow visible fugitive emissions orvisible 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 bolditalics; 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 MinemIProcessingPlants. The owner or operator ofa sana ana gravel SOHJ"OO-/WII-/1letallic mineral processingplant shall not operate theseHroe-plant unless it is equipped with a fugitive emission control system that is operated and maintained to control the emission ofparticulate matter. ReadoptPARTEnv-A 2804, eff. 11-24-04 (doc. #8218), to readasfol/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 PARTEnv-A 2805 asfollows: PART Env-A 2805 FUGITNEDUST CONTROL 'NITHIN THE PLA1>fT PRDPERTY FORALL SOURCES Readoptwith amendments Env-A 2803.01 andEnv-A 2803.02, eff. 11-24-04 (doc. #8218), to readas follows: Env-A 2805.0I Fugitive Dust Control WitltiA PlaHt Property [orAllSources. (a) For any source or plant subject to this chapter, the owner or operator shall control emissions of 

### dustfrom vehicular movement within the plant property

**boundaries~** 

### by usingFfugitive dust control methods

**sltatl-tne!t~Ele,** 

### but shall floE-be limiteEl to, such as paving orwetting the roadways. (b) Forany source or plant subjecttothis 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. Adda headingforPARTEnv-A 2806as follows: PARTEnv-A 2806 PERMIT-BY-NOTIFICATIONFOR NON-METALLICMINERAL PROCESSING PLANTS AdoptEnv-A 2806.OJ through Env-A 2806.03, to readasfollows: Env-A 2806.01 Permit-Bv-NotificationRequired. Prior to operatingany non-metallicmineral processingplant, the owneror operatorshallobtain: (a) A standardpermit, as specifiedinEnv-A 600; or (b) A permit-by-notification, as specifiedin 

### thispart. Env-A 2806.02 Permit-Bv-Notification Procedures. (a) To obtain apermit-by-notification, the owner or operator of a non-metallicmineral processingplantshall file the information requiredby Env-A 2806.04 in 

### writing to the department, together with thesignature andcertification specifiedin 

### Env-A 2806.05andthe fee specifiedin

### Env-A 2806.06. The filing shall constituteapermitapplication for theplant. (b) The departmentshallissue apermit-by-notification for a non-metallicmineral processing plantif:Added language in 

### bolditalics; deleted language struek 

### H1feltglt Initial Proposal 06-07-10



### (1) The applicant lws.fileda//requiredinformation andthe required fee; and (2) The.filingdemonstrates that theplant willmeetthe applicable requirements of Env-A 2803, Env-A 2805, andEnv-A 2806. (c) Within 1II 

### days after initialstartup of an affected.facility, the owner or operatorshal/notifj' the department byfax, email, orpostalmailo,fthe actualdate of startup. Env-A 2806.03 Noti(icatirm o(ClwmresRequired. 4

(a) Within 10 days '!fler apermit-by-notification facility has commencedoperation in a different location, the owner or operatorshall file a location changenotice to the department andthe towns where thefacility was last mulis tww locatedvia fax, email, orpostalmail, containing thefollowing information: (1) 

### The unique.facility identification assignedby the department in the initialpermit-by11

### otification,· (2) Thepltysicallocation ji'om which the facility was moved; and (3) Thephysical location to which the.facility was moved. (b) Within 10 days rifler the replacement of any affectedequipment, the owneror operator shall .file a notification with the department/hal contains: (1) 

### The b!formation specifiedin 40 CFR 60.676(a)(1), (2), and(3), as applicable; and (2) The date on which testing of the newequipment will be conducted. (c) Anynotice.filedpursuant to (a) or (b), above, shallbe signedas specifiedin 

### Et!JI-A 2806.05. Readoptwith amendmentEnv-A 1710.04, eff 7-28-04 (doc. #8130), andrenumber as Env-A 2806.04, so thatEnv-A 2806.04 reads asfollows: 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 

### apermit-by-notification for nonmetallic mineral processing plants shall eomplete form GSP 

### 3, "Nonmetallie Mineral Proeessing Plants." (b) A registrant slmll-Empply to tl:e-Eiepartment on form GSP 3

### .file thefollowing information 

### with the department: (+a) The facility name, 

### mailing address, and daytime telephone number of the owner or opemtor, and, 

## if available, an e-ntailaddress and fax number; 

### (+b) The name 

### ornumber, or both, tflaHhe owneroroperator uses

### fur-to identifj1 the nonmotalliB tll-ifleffilfreeessffig-plant; 

### an4 (;!c) The tewn or eity iH whish the faeility is 

### loeatedphysicallocation o.ftlteplant, includingstreet address andmunicipality; (Jt-+he-tlate on whieh the registratien form was

**eofflPI~** (B--+lle followifl.g-iRIDFtlliltion--a9oot4e-fleflllletallie mineral proeessing plant: fh(d) Any previous permitnumber; 

### Jr.( e) The raw material throughput operating at maximum capacity, in pounds perhour and tons per year; 

### anaAdded language in 

### bolditalics; deleted language s\Ttie!Hllffiaglt Initial Proposal 06-07-10 

### 5

&.--+11

### e rav.· material-tllffiugltrHH!Hl'iJtg-Hei'HH\J-efiel'ft4ielt-ef-t!H>-t"lllffi-in-peHHEis-per11ettl' and tons per year. (e)**Th~stl'ankhalkomj'llo:e** and-atlaOO-te-furm--GSJ2.+#ie-feWewing-ferm-s+ (f) 

### A list of allaffectedequipmentattheplant, not including any energy-generating device.\'; (+g) Attaehment A, the 

### For each listedpiece of equipment eemponent inventory-list, eenta+ning-the following-itffimnatien-a8eut eaek eompenent: 

### (I) A description andthe name or number, orboth, the owner or operator uses to identify 

### tile equipmentj &(2) The name ofthe manufacturer 

### andserial 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 enclosedtruck or railcar loadingstation in tonsperhour; (4) 

### The totalswface area**t~f'the** 

### top screen of each screening operation; (5) The width of each conveyorbelt; (6) The ratedcapacity 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 ofthe most recent modification resulting in an inerease iH emissions, 

### if applicable; 

## ana

c. The most recent replacement, if applicable; and d. The most recentsuccessfulcompliance test, if applicable; (2) AttaehmeHt B, the emissiens summary, containing tne following idormation about eaen 6Dmj'!Onent: a. T!Je type ofpollution eontrol eqaipmentused, 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 ormodifiednon-metallicmineral processingplantorforone thathasnever been tested, the date(s) on which compliance testing willbe conducted; and (i) A brief explanation of the methodsthat will be usedto controlemissions and fugitive dust. AdoptEnv-A 2806.05 through Env-A 2806.07, to readasfollows: Env-A 2806.05 Signature andCertification. (a) The owner or operator of the mm-metallicmineral processingplantshallsign each application filedpursuantto Env-A 2806.02 andeach notification filedpursutmt to Env-A 2806.03.

### Added language in 

### bolditalics; deleted language &!ruck thrs:.gh Initial Proposal 06-07-10 6



### (b) The signature of the owneror opemtorshallconstitute certification that: (1) 

### The owner or opemtorhas readEnv-A 2803, 

### Env-A 2805, 

### Env-A 2806, 

### and40 

### CFR 60, 

### subpart 000; (2) The owner or operator understands andwill comply with the requirements; (3) The owner or operatorhas notifiedthe clerk of the town or city in which thejitcility is

**located~(**

### itspending operation; and (4) Allinformationfiledis true, complete, andnotmisleading to the knowledge andbeliq( ()[the signor. Env-A 2806.06

### Application Fee. The applicantshallpay an applicationfee()($1,000 

### with the permitapplication. Env-A 2806.07 

### RecordkeepingandRepoNing. (a) The owner or operator of a non-metallicmineralprocessingplantshall retain records for a minimum of 5

### years on : (1) 

### The total quantity of allmaterialsprocessedon an annualbasis; and (2) The results of allpetfomumce testing conductedto determine compliance with lite standrmls specifiedin Et1v-A 2803, 

### including40 

### CFR 60, 

### subpart 000. (b) The owner or operator of a non-metallicmineml processingplantshall file the results()(any petformance testconductedto determine compliance with the standards·set.fottlt in Env-A 2803, 

### including40 

### 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 Statementfor Department of Environmental Servic<>s rules governing Revisions to Statewide Air Permit System. [Env-A 

### 600- various sections and paragraphs]
1. Comparison ofthe costs ofthe 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. lderltifythe 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 permitto 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 theywould 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, Ifsome 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: Tothe extent a state citizen or political subdivision owns or operates a non-metallic mineral processing plant. they may have a decrease in costs 

### ifthey choose to obtain a permit by notificationversus 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 priorto 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 ifthey 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 priorto 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 ofActual 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 ofthe costs ofthe 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. Citethe f'ederal mandate. Identifythe impact on statefunds: 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 permitto 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 theywould not seek a permit by notification. For every source hOlding a general state permit that opts fora 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. 

# a. To State citizens and political subdivisions: To the extent a state cttizen or political subdivision owns oroperates a non-metallic mineral processing plant, they may have a decrease in costs ifthey 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 basedfees 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 orstate 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 ofany 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 ifthey 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 priorto obtaining a general state permit orstate permitto 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 afterAugust 31, 1983 are subject to the requirements contained in 40 CFR 

### 60, subpart 000.


### 3. Cost 

### and benefits 

### ofthe 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 ifthey choose to obtain a permit by notification versus 

### a general state penni! or state permitto 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 priorto obtaining 

### a general state pennit or state permitto 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 priorto August 31, 1983, the proposed rwles will impose an additional 

## cost oftesting to demonstrate compliance with the particwlate matter and visible emission standards. For

## a large plant (24 emission points) the cost oftesting 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 

### 100 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 OFNEW HAMPSHIRE



# ~~~~\/~~DATE June24,2010 FROIVI 

### Thomas S. Burack

SUBJECT 

### TO Commissioner Rulcmaking Notice Office ofLegislative Services Division ofAdministrative Rules AT (OFFICE) 

### DES

Please acceptfor 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 RulcmakingNotice should be directed to GretchenHamel 

### at 271-3137. Questions from the public regarding the proposed rules, public hearing, orpublic commeni period should be directed to KarlaMcManus 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 NOTICEFORM 

### 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 ofEnvironmental Services 29 Hazen Drive 4. Type ofAction: Adoption Amendment Repeal 

### X P.O. Box95 X 

### Concord, NH 03302-0095 Readoption Readoption w/amendment X 5. Short Title: Revisions to StatewideAir Permit System 6. (a) Summary ofwhat the rule says and the effect ofthe 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 ofthe current general state permit (GSP); (2) clarifY that documents and reports must be filed with DES (i.e., 

### received, notjust 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 equipmentwith their application; (5) require applications for Minor Modifications ofTitle V Operating Permits to be filed with DES at least 90 days prior to expiration ofthe Temporary Permit; and (6) merge the substance ofthe section that describes how actual emissions should be calculated (616.01) into Env-A 705.02, and replace the text of616.01 with a cross-reference to 705.02. 6. (b) Briefdescription ofthe 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 ofstate statute or federal statute or regulation which the rule is intended to implement: Rule Section(s) State or Federal Statute 

### IFederal 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) StateorFederal 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. §7661b(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. §7661b(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: DepatimentofEnvironmental 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 ofmaterials in writing or, ifpracticable for the agency, in the electronic format specified: Friday, August 13,2010 at 4:00p.m.

**~Fax ~E-mail**  

### 00therformat (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 I0. 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 ofthe 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 ofthe N.H. Constitution.

### STATE OFNEW HAMPSHIRE

Commissioner AT (OFFICE) 

### DES

SUUJ!i:CT 

### RulemaldngNolice


### TO Office ofLegislative Services Division ofAdministrative 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 ofActual Emissions for Use in Calculating Emission-Based Fee Questions from OLS regarding the RulemakingNotice should be directed to Gretchen Hamel at 271-3137. Questions from the public regarding the proposed rules, public hearing, or public commentperiod 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 listRULEMAKING NOTICEFORM NoticeNumber Rule Number Env-A

**~** 'ffl5;tft, 903.01(b), 907.01(a), 1703.01(•) I. Agency Name & Address: Department ofEnvironmental ServiCes 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 2. RSA Authority: 3. Federal Authority: 4. Type ofAction: Adoption Amendment Repeal Readoption RSA 125-C:4, I(i), (d) & (k) 42U.S.C. §7661a
X

Readoption w/amendment X 5. Short Title: Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Use in Calculating Emission-Based Fee 6. (a) Summary ofwhat therule says and the effect ofthe rule on those regulated: All ofthe 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 ofthe types ofdata 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. Theproposed amendment to Env-A 907.01 would exempt PBNfacilities/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 PBNfacilities from having to use the forms. (Env-A 1710.04 is proposed to bereadopted with amendment as Env-A 2806.04 in a separate rulemaking to replace the current general state permit for nonmetallic mineral processingplants with thePBN.) 6. (b) Briefdescription ofthe groups affected: Owners and operators ofnonmetallic mineral processingplants would bethe only group affected at this time by the proposed rules. 6. (c) Specific section or sections of state statute orfederal statute or regulation which the rule is intended to implement: Rule Section(s) StateStatute(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 NOTICEFORM -Page 2
7. Contact person for copies and guestions including reguests to accommodate persons with disabilities: 

### Name: Karla McManus Address: Department ofEnvironmental 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 ofmaterials in writing or, 

### ifpracticable for the agency, in the electronic formal specified: Friday, August 13, 2010 at4:00 p.m.

**~Fax ~E-mail**  00ther format (specify):
9. Public hearing scheduled for: Date and Time: Tucsclay, August3, 2010, 9:30 a.m. - 11:30 a.m. Place: Rooms 112-113,DES Offices, 29 HazenDrive, Concord, Nil 10. Fiscal Impact Statement (Prepared by Legislative BudgetAssistant) FIS if 10:084 , dated 06/21/10 See Attached.
11. Statement Relative to Part I, Article 28-a ofthe 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-aofthe New Hampshire Constitution.

### STATE OFNE\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 ofLegislative Services Division ofAdministrative Rules

Please accept for liling the enclosed Rulcmaking Notice for the following rules:
Env-A 2800*: Sand & 

### Gravel Sources; Non-MetallicMineral 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 commentperiod 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 listNotice 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 ofEnvironmental Services 29 Hazen Drive 4. Type ofAction: 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 ProcessingPlants; Cement & Concrete Sources 6. (a) Summary ofwhat the rule says and the effect ofthe 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. Therules are proposed to bereadopted with amendments to (1) distinguish sources at which non-metallic minerals are subject to crushing or grinding ("non-metallic mineral processingplants") from other sand & gravel sources; (2) separate theparticulate matter and visible emissions standards for non-metallic mineral processingplants 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 ofthe 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 I710.04 (previously the GSP application form for non-metallic mineral processingplants) 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 I700 are beingproposed in separate rulemakings. 6. (b) Brief description ofthe groups affected: Owners and operators ofnonmetallic mineral processingplants 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, IVRULEMAKING NOTICEFORM

- Page 2

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

### Name: Karla McManus Address: Department ofEnvironmental 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 ofmaterials in writing or, ifpracticable for the agency, in the electronic format specified: Friday, August 13, 2010 at4:00 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 I0. Fiscal Impact Statement (Prepared by LegislativeBudgetAssistant) F!S# 10:085 ,dated 06/21/l0 See Attached. II. Statement Relative to Part I, Article 28-a ofthe 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 ofthe New Hampshire Constitution.

### RULEMAKING REGISTERFax (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 ofNotices ofProposed Rules NN 2010-73 

### through NN 2010-77 

### and Proposed Interim Rule !NT20 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 ofRule Page No.

**~·** 

### 2010-73 Pod 301,303,304, Board ofPodiatry 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 ofEnvironmental Services 3 

### sections and Air Related Programs. paragraphs Revisions to Statewide Air Permit System. 2010-75 Env-A 

### +Wr.44-,

**~.** 

### Department ofEnvironmental·Services 6 903.01(b), 907.01(a), Air Related Programs 1783.91 (a) 

### Amendments Relating to Permit-By-Notification; Determination ofActual Emissions for Use in Calculating Emission-Based Fee. 2010-76 Env-A 2800

..(Env-A Department ofEnvironmental Services 

### 9 2802.04 & 

### 2806.04 Air Related Frograms 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 ofEnvironmental Services 12 Water Quality and Quantity Programs Winnipesaukee River Basin Program Rules.

Notice ofProposed InterimRule Interim Notice Number Rule Number Agency and ShortTitle ofRule Page No. (!NT 20I0-7) Saf-C 6700 various Depatiment ofSafety, 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 ofEnvironmental ServiCllls 29 Hazen Drive 4. Type ofAction: Adoption Amendment Repeal X 

### P.O. Box 95 ·Concord, NH 03302-0095 X 

### Readoption · Readoption w/amendment X 5. Short Title: Revisions to Statewide AirPermit System 6. (a) Summary ofwhat the rule saysand the effect ofthe rule on those regulated: The existing rules, Env-A 600, establisha 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 airpollutants in Env-A 1400 (established pursuant to RSA 125-1:6). The amendments proposed to these rules are intended to (1) establish apermit-by-notification (PEN) system for non-metallic mineral processing plants in lieu ofthe currentgeneral state permit (GSP); (2) clarify that documents imd · reports must befiled withDES (i.e, 

### received, notjust submitted); (3) clarify the applicability requirements for combustion devices; ( 4) clarify the information that must be submitted with an application for a temporary permit, astate permitto operate (SPO), or aTit)eVpermit, including that sources which operate airpollution 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 ofTitle V Operating Permits to befiled with DES at least 90 days priorto expiration ofthe Temporary Permit; and (6) merge the substance ofthe section that describes how actual emissions should be calculated (616.01) into Env-A 705.02, and replace the text of616.01 with across-reference to 705:02. 6; (b) Briefdescription ofthe groups affected:



### Regulat~d entities who· apply for airpermits will be affected by the proposed changes. Non-metallic mineral processingplants would·

# be the only group affected at this time by the permit-by-notificationprocess. 6. (c) Specific section. or sections of state statute orfederal statute or regulation which the rule is intended to implement: Rule Section{&· State orFederal Statute 

### IFederal 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 orFederal StatuteI 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. §7661b(c); 40 CFR §70.5(a)( I) RSA 125-C:ll, 

### I-n; 42U,S.C. §766lb(d); 40 CFR §70.5(n)(2) RSA 125-C: 12, 

### I; 42 U.S.C. §7661b(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; 42U.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; 42U.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; 42U.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 ofEnvironmental Services .29 HazenDrive 

### P.O. Box.95 Concord, NH03302-0095 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~**

### .nh.gov/oJ

### W'ni

### znti

### o nl

### comm issione

### rlI em11!ru

### lemald·ng/jndex.l1

### r m TTYITDD Access: Relay NH 

### J-· 800-735-2964 ordial 711 (in NH)
8. Deadline for submission ofmaterials in writing or, ifpracticable for the agency, in the electronic format specified: 

### Friday, August 13,2010 

### at 4:00p.m.

· [2JFax i:2JB-mail

. 00therformat (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 RULEMAKING REGISTER .Tuly 2, 2010 

### Page 5 NN 20 I0-74 Contim1ed 10, 

### Fiscai'lmpact Statement(Prepared by Legislative Budget Assistant) 

### FIS 41 

### 1 

### 0:083 ,dated 06/21/10 

### 1. 

### Comparison of

### the costs ofthe 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 

### wstslor state cili:rens, political subdivisions,

**a~d** 

### Independently owr!ed businesses that own or 

### operate anon-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 ofthe proposed rule(s): A, · 

### To

**Stat~** 

### generalor 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 "'"' 1OD 

### souroes 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 

## apermit 

### 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 1DD 

### 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 

### adecrease 

### In costs 

### Ifthey 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: TothE! extent an independently ownOJd business owns or op.eratss a non-metallic mineral processing plant, they may have a decrease in costs ifthey 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 atemporary permit application of $2,000 and annual emission fees of $130 

### to $700 ayear required 

### J;Jy a general st01te permit or state permittd operate, The temporary permit is required prior to obtaining ageneral 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 away as to require action bypolitical subdivisions and so do not reguire any expenditures by political subdivisions, The rules thus do not violate Part I, Article 28-a ofthe N,H. Constitution,

### NEW HAMPSHIRE RULEMAIGNG REGISTER. July2, 2010 

### Page6

Notice Number .2010-75 Rule Number Env-A702,04,

**~.** 

### 903.01(b), 907.01 (a),

**!70J,01(~)** 

### 1. Agency Nnme &.

### Address: Department ofEnvironmental 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 ofAction: Adoption Amendment Repeal Readoption. 

### X X


### Readoption w/amendment X 5. ShortTitle: Amendments relating to Permit-By-Notification; Determination ofActual Emissions for Use in Calculating Emission-Based Fee 6. (a) Summnry ofwhat the rule says and the effect ofthe rule on those regulated: All ofthe proposed amendments are related to proposedrevisions (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 forpermits issuedpursuant to Env-A 600. The proposed amendments to 

### Env-A 700 are intended to (1) add afee for apermlt-by-notification/PBN) (Env-A 702.04), and (2) replace the cross-referenceto Env-A 616 (forpurposes ofdetermining actual emissions to use to calculate emission-based fees) with aspecific list ofthe types ofdata 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 exemptPENfacilities/devices from the recordkeeping requirements and clarify the exemption for certain other devices, The

**propose~** 

### amendmentto Env-A 907.01 would exemptPBN facilities/devices from the annual emissionsreportrequirements, Env-A 1700establishes permit application forms. Env-A 1703,01 is proposed to be amended to exclude PBNfacilities from having to use theforms. (Env-A 1710,04is proposed to bereadopted with amendment
as Env-A 2806.04 in.a separaterlilemaking to replace the currentgeneral statepermit·fornonmetallic mineral processingplants with the PBN:) ' 6. (b) Briefdescription ofthe groups affected: Owners and operators ofnonmetallic mineral processing plants would be the only group affected atthis time by 

### the proposed rules. 6. (c) Specific section or sections ofstate statute orfederal statute orregulation 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 HAMPSHIRERULEMAKING REGISTER July 2, 2010 

### Puge7 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 ofEnvironmental 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/commissiooer/legt>llrlllernaki n

### g!index.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 ofmaterials in writing or, ifpracticable for the agency, in the electronic format specified: · Friday,August 13,2010 

### at4:00p.m. [Z)Fax [ZJB-mail 00therformat (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 BudgetAssistant) FIS 

### # 10:084 ,dated 06/21/10
1. Comparison ofthe 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 

### anon-metallic mineral processing plant 

### and will have an indeterminable

**fisc~!** 

### impact 

### on the 

### air 

### resources fund revenue. ·.
;!. 

### Cite the 

### F;ederal mandate. Identifythe impact on 

### smtefunds: 

### 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 ageneral state permit and 

### ZB sources that hold a state permit

### to operata. The Department 

### assumes the. 

### 28·sourca"' 

### holding astate 

### 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 ageneral 

### state permit that opts 

### for apermit 

### by notification, the air resources 

### fund revenue 

### would experience e decn)ase of $1,000. However, If some portion of the approximate 1 

### OD sourceswithout a permII choae to 

### comply with the aim

### pier

. 

### permII 

### 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 I0. 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 

### ndearaaae in costs 

### If they choose 

### to obtain 

### aparmi! by 

### notification 

### versus agener£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 

### applicationfee of$2,000 and 

### annual amb;aion fees of $1SO 

### to $700 

### ayear 

### required by 

### a

### general state 

### permtt orstate 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 adecrease In oo$\s 

### ff they choose to obtain 

### apermll 

### by notification 

### versus ageneral state permit 

### or stele permit to operate as 

### the 

### pennit 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 aYIJ<Ir required by 

### a general state permit or state 

### permit to 

### oper<Jte. The temporary

### permit Is required priorto obtaining 

### a general state permit or

### stale permit to 

### operate. · .
II, StatementRelative to 

### Part 

### I, Article 28-a ofthe 

### 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 ofthe New Hampshire Constitution.

### NEWHAMPSHIRERULEMAKING 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 ofEnvironmental Services 29 Hazen Drive · ' P.O. Box 95 Concord, NH 03302-0095 3. Federal Authority: 4. Type ofAction: Adoption Amendment Repeal X


### Readoption X. Readoption wlamendment XNIA

5. Short Title: Sand & 

### Gravel Sources; Non-Metalliq Mineral ProcessingPlants; Cement & 

### Concrete Sources 6, (a) Summary ofwhat the rule says and the effect ofthe rule.on thoseregulated: Env-A 2800 currently establishes particulate matter, visible emissions, and fugitive dust standards for cement/ concrete sources andfor sand/gravel·sources, including those at which such materials are subjectto crushing or grinding, Therules 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 processingplants")

. 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 apermit-bynotification (PEN) for non-metallic mineral processing plants to replacethe General State Permit (GSP) option. As part oftheproposed 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 fornon-metallic mineral processing plants) 

### is proposed to bereadopted with amendments as Env-A 2806.04. · Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A 1700 arebeing proposed ·in separate rulemaldngs. 6. (b). Briefdescription ofthe groups affected: Owners and operators ofnonmetallic mineral processing plants wmild be affected by the proposed changes to these rules. ·

6.



### (~) Specific section orsections ofstate statute orfederal 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 

### J25-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, Contactperson for copieR und questions including requests to accommodate persons with disabilities: Name: Karla McManus 1 

### Title: ARD Planning und Rules ly!anager Address: Department ofEnvironmental 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:/Icles,

### nh ,gov /orunni%at

### ion/commi ''io

### ner/1egnJll·ulemaking/index,htm 8, Deadline for submission of materials in writing or, ifpracticable for the agency, in the electronic format specified: Friday, August 13, Z010 at 4:00p.m.

. . ( ' 

### [Z]Fnx l8]E-mail 00therformat (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
J0, 

### Fiscal ImpactStatement (Prepared by Legislative Budget Assistant) 

### FJS 

### # ---=lc.::.0:"'-08::.::5'-- ,dated 06/21/10

· ..: ·,.. i . 

### 1. Comparison 

### ofthe 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'

.. rasaurces fund revenue. '


### 2. Cile the Federal mandate. IdentitY

**tht:~** 

### impact on statefunds: 

### 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 ofthe 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 

## orstale 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 

### ayear 

### required by 

### a

. general state permit or state permit 

### to operate. 

### The temporary 

### permlt Is required

prior

### to obtaining a genernl slats psrmit orstate 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 

### priorto August 31, 1963, !he propoaad rules will lmpose an stlditlona\ cost

# oftesting to demonstrate

**compli~nce** 

### with !hs particulate 

### matter and visible emission l!tandards, For a large plant (24 emission points) the cost oftesting is appr.oximately. $3,500 and for a.small plant (5·6 emission points) the cost of testing is approximately $1,500. ·

### NEW HAMPSHIRERULEMAKING 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 1DO 

### sources that 

### meet permitting requirements that do not ha'.(e 

### permits, 

### 19 sources 

### that hold ageneral 

### 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 1DO 

### 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

### ioreach new permit. · 

### B. To State cltl:.:ens 

### and political subdlvis.ions: 

### See 3above

.



# . C. lo independently 

### owned businesses:



### ·See 3 

### above, ·



### II. StatementRelative to Pa1tI, Article 28·a ofthe N.H. Constitution: Theproposed rules do not create, expand, ormodify any program or

### responsibility in such away as to necessitate additional local expenditures by political subdivisions. The rules thus do not violate Part I, Article 28-a ofthe New Hampshire · Constitution.

### ANNOTATIONS TO INITIAL PROPOSAL FROM THE OFFICE OF LEGISLATIVE SERVICESAdded 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 exemptfrom Env-A 1211.11 pursuant to Env-A I21I.OI(j); or (3) Reek aes stoee erBshieg eqBipmeetA non-metallic mineralprocessingplant equipped with dust suppression controls operated to prevent, abate, and control the emission offugitive 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 airpollution dispersion modeling analysis according to this part, theowner or operator shall sHtmoit tefile with the department as part ofthe permit application one ofthe following..ffifefmalioo: (a) A request thatthe department conduct an air pollution dispersion modeling impact analysis; or (b) The results ofan 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 amended4-22-09 (doc. #9462), by rEWiffll;; Env-A 607.01 intra, (a) through (d), and (x), to read asfollows:

. ##lt:A,Z r

# '!.J' . . Bnv-A 607.01 Specific Applicability for Temporary Permits. The owner ofa new or modified stationary source, area source, or device speeWed belov/ ?h"all obtain atemporary permit in accordance wHh the provisions ofthis chapterprior to the construction orinstallation ofthe source or device ifthe source or device is any ofthe following: (a) An external combustion device usieg eatural gas, with a design grossheat inputgreater than or equal to 10,000,000 British thermal units (BTUs)perhour that combusts: (I) Gaseousfuel, as definedin Env-A 1211,02(s); (2) LHquefied petroleum gas,;

· (3) Distillateweight liquid fuel, includingbut not limitedto #2 fuel oil, or diesel fuel oil,; or (4) Aany combination merest,of(I) through (3), above; with a ElesigB ratieg greater'thae or '*!Hal te IO,OOQ,OOO Britis!HheFmal ueits (BTUs) per hour ofgrass

**h~** (b) An external combustion devicetl!lffig with a design gross heat inputgreater than orequalto 4,000,000 BTUsperhourthat combusts#4 fuel oil; with a ilesign ratieg greater thae or

**e~ual** te 4,000,000

**BTUsperhs~** (c) An externalcombustion device using eoal, weed, with a design grossheat inputgreater than or equal to 2,000,000BTUsperhourthat combusts: (I) Solidfuel; (2) Residualweight liquid fuel, including but not limited to #6 fuel oil,; (3) Uused oil as defined in Bnv-A 101.209;; or ( 4) Aany combination merest,of(1) through (3), above; wilh-a-lleffi.ge-ratieg greater thae er

**e~aal** to 2,000,000 l3TUs perhour ofgross 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 ofgross heat input;-devices at a sourcewhish eitherwhere: (I ) Each device cGombusts liquid fuel oil andhas a design gross heat inputgreaterthan 150,000BTUsperhour, 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 

### andhas adesign gross heat inputgreaterthan 1,500,000BTUsperhour, ffii'-Whffio-and the combined total design gross heat input ofall such 

### engiooa-devices is greater than orequal to I0,000,000BTUs 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:.- lno change to paragraphs (e) through (w)) ,PF&'<!'A.t't! .,/

**~**

## ;/<Jr /Ut"'#Ar 

## r4i-r (x) A stationary source or device subjectto the rules governin_g reasonably availablecontrol technology , (RACT) as contained in: · 

### (!"" (-(w) t?-'t"' 4t-/


### ,ll,p-'.1'-?,;C-~,.:r



# "'"'M"' tf...-.,z, 4..?ff (1) 

### EIIV-A 1204 orsuccessorrules 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 ofVOCs peryear; 

### Ino change to paragraphs (y) through (ud 

### Readopt with amendments Env-A 607.02, ejj. 4-26-03 (doc. #7879), to readasfollows: Env-A 607.02 Timely Application. (a) For an initial temporary permit, an application shall'be considered timely ifit is reoeived 

### by:filed with the departmentpriorto the construction or installation of a new or modified source or device. (b) For the reissuance ofatemporary permit, an application sha11 be considered timely ifit is 'reeei-ved 

### by-filedwith the department at least 90 days prior to the designated expiration date of

**th~** temporary permit. \ . 

### Readopt with amendmentEnv-A 607.03, eff. 6-8-06 (doc. #8654), to readasfollows: 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 ofhazardous aifpollutants subject to ll2(g) ofthe Act, all information required pursuant to 40 CFR 63.43(e); (f.e) Where airpollution dispersion modeling is required for a source or devicepursuantto Env-A 606.02, the information required pursuantto 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) Proofof source ownership orpermiiisible use, as specifiedin EIIV-A 605.02,· (h) Forasource with airpoilution controlequipmentas definedin Env-A 101.17, an airpollution control equipmentmonitoringplan orcatalystmanagement-planpursuant to Env-A 810.01; and (i) 

### If aplan is notrequired pursuantto Env-A 810,01, adescription of the monitoring the source intend., to conductto demonstrate compliance with allapplicable state and federalstatutes, rules, and permits, as specifiedin Env-A 810.02; .Added text in 

### bolditalics Deleted textstmelc throHgh
b. The emissions resulting from the change; and Initial Proposal 06-07-10 16

c. Any new applicable requirements that will apply ifthe change occurs; (3) The owner or operator's suggested draft permit conditions; (4) Certification by a responsibleofficial, consistent with the provisions ofEnv-A 605.04(b}, that theproposed change meets the criteria for the use ofthe significant permit modification procedures; (5) A request that significantpermit 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 pursuantto Env-A 606.03; and · (7) Thefee(s) specified in Env-A 702 through Env-A 705, as applicable.
(e) 'An application for a significant modification to a title V operatingpermit shall be deemed complete 

### by the department within 60 days ofreooipt-By-the-<lepa-effi-itsfiling, unless the departmentrequests additional information or otherwise notifies the applicant ofincompleteness. (f) The department shall takefinal action on arequest for significant permit modification no laterthan 9 months afterreeelf*thefiling ofa complete application provided that: (1) Theprocedures 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 ofthe permit provide for compliance with all applicable requirements oftitle. V ofthe Act and all applicable requirements ofEnv-A 300flgg.; and (4) TheEPA has received a copy ofthe proposed permit and any notices required an.d has not objected to issuance ofthe significantpermit modification within the ti'me period specified in EnvA 609

.. 13(b). 

## $

. .

· Readopt with amem!JidRTEnv-A 616, eff. 4-26-03 (doc. 1/7879), to readasfollows:

PART Env-A 616 DETERMINATION OFACTUALEMISSIONS Env-A 6'16.01 Determination ofActual Emissions. 

### far The department 

### owner or operator of a stationary source, area

**sou~ce,** ordevice shall deterrillne the actuai annual emissions from s-tati-enary-soo-FC-e&; 

### ar-elrthe source&; or devicesffi.this part

### \Jy using: 

### as specifiedin Env-A 705,02. (1) EPA's Compilation ofAirPellmaHt 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 oftest-methods apprs,•ed by tfie department pursuant to Env A 802 orBnv A 809 orBFA; 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 

### bolditalics Deleted text st¥Hs!Hlu'0llgh Initial Proposal 06-07-10 17
aBOO!'flilnee-wltll-(a), a138

### ve, 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'lmentpursuantto 

### 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-entsoall review a11-t"'flerlS-aM-determinatieB!Hlf-ae!OOJ-omissiens 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""'*" · AmendEn.v-A 617.01 imro, (a), 

### and(b), eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 617.01 Exception to Obtaining aTemporary Permit or State Permit to Operate. Notwithstanding the provisions ofEnv-A 603.0l(a) 

### or (b), a temporary permit or astate permit to operate shall notbe required for any research and development operation provided that all ofthe following conditions are met: (a) The ownerofan existing stationary source; area source, or device suemitsflles a written request \8 

### with the department to treat the stationary source, area source, ordevice as aresearch and development operation, and receives awritten determination from the department that the stationary source, area source, or device meets the definition ofaresearch and development operation according to the requirements found in (c) through (e), below; (b) The owner ofanew stationary source, area source, or device w1Jmit!e4-filed awritten request \8 

### with the departmentpriorto the construction, installation, or operation ofthe stationary source, area source, or device to treat the stationary

**source~** area source, or device as aresearch and development operatiOn, and

**h~s** received awritten determination from the department that the stationary source, area source, or device meets the definition ofnresearch and development operatiori According to the requirements found in (c) through (e), 

### bela · (no change to 

### (c) through (e)) AmendEnv-A 617.02 intra, (a), and (b), eff. 4-26-03 (doc. #7879), to readasfollows: Env-A 617.02 Exception to Obtaining aTitle V Operating Permit. Notwithstanding the provisions of Env-A 603.01 (a) or(b), atitle Voperating permit shall notbe required for any research and development operation provided that all ofthe following conditions are met: (a) The ownerofan existing stationary source, area source, or device suemitsfiles awritten request \8 

### with the departmentto treat the stationary source, area source, or device as aresearch and development operation and receives awritten determination from the department that the stationary source, area source1 

### or 

### device meets the definition ofaresearch and development operation according to the requirements found in (c) through (q), below; ' · . (b) The ownerofanew stationary source, area sou.rce, or device Sllbmits-flles a written request\8-with the department prior to the construction, installation, or operation ofthe stationary source, area source, or 

### device to treat the stationary source, area source, ·or device as aresearch and development operation and receives awritten determination from the department that the stationary source, area source, or device meets the definition ofaresearch 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 readasfollows: Env-A 6!8.05 Procedure for Acquiring and ImplementingEmissions Offsets. Emissions offsets shall be acquired and implemented fn accordance with the following procedure:Added text in bold italics Deleted textfi\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 

### afederally 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 ofthis section shall be sulm1itle6-filed as part of the permit application, as required under Env-A 600; and Readopt with amendmentEnv-A 619,05, elf4-?6-03 (doc. #7879), to readasfollows: 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 ofthe application or any deficiency in the application or information submitted. (b) In the event ofa deficiency in an j36l'l'Rit-application, the date ofreeeif*-filing ofthe application/or purposes oj(c), below, shall be the date on which the departmentreceives allrequired information, (c) Within one year after

**~he**filing ofa complete application, the department shall make a final determination ofwhetherconstruction should be approved, approved with conditions, ordisapproved, in accordance with the provisions of40 CFR 52.2IU)- (p). AmendEnv-A 620.05(d), elf 7-28-04 (doc. #8129), citedand 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 ofreceiving such information. · AmendEnv-A 621.07(a) and (b), elf 7-28-04 (doc. #8129), citedand to readasfollows: Env-A 621.07 Public Access to Information. (a) Ifthe applicant 

### is not 

### amunicipality, the applicant shall nWmif-flle 2 copies ofthe permit application

**~&with** the department. ·(b) Ifthe applicant is a municip,ality, the applicant shall slllmffi-file one copy ofthe permit application !ewith the de artment and shall make another copy.available to the public for review. {no change to (c)- (e)) AmendEnv-A 622.04(a) intro and (J), elf 7-28-04 (doc. #8129), citedand to readasfollows: Env-A 622.04 EPA Review. (a) The department shall providethe following to EPA: (I) Acopy ofthepermit application or, upon agreement with EPA, a summary thereof, unless the applicant has sabmitteafiled acopy ofthe permit application !&with EPA pursuant to Env-A 609.06(d);
. 

# -change

to (u)\2)-(4)


# or(~

### Added text in bolditalics 

### Deleted text affimk-lllfeuglj Initial Proposal 06-07-10 19

AmendEnv-A 622.06(a) and(h), qff. 7-28-04 (doc. 118129), citedand to readasfollows: 

### Env-A 622.06 Public Access to Information. (a) When applying to the departmentfor 

### apermit or permit modification, the applicant shall aoomit file 

### 2copies ofthe permit application !e-wlth 

### the department, except as noted in (b), below. (b) Ifthe applicant is a municipality, the applicant shall &OOmit-file 

### one copy ofthe permit application I.e-with 

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

### Ino change 

### to (c) 

### or (d 

# cr.-e.f"J , 

## J
AmendEm•-A 624.03(c), eff. 6-8-06 (doc, #8654), citedand to rec!dasfollows: 

### Env-A 624.03 Permit Application Required.



### ~[T!Ochange

## to (a) or

### (IJ,)j cf'u ;t

## r.J .

· **~** 

### wner or operator ofa source subject to (b), above, shall malre-file a 

### timely application for and obtain atitle V operating permit or amendment thereofin accordance with Bnv-A 609 or Bnv-A 612, as applicable, for the continued operation ofthat source.

APPENDIX 

### Rule Section(s)

. State orFederal Statute IFederal Regulation Implemented Env-A 603.0I 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. §741O(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 608.1O(a) RSA 125-C:12, I Env-A 608.IO(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; 42U.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 

### optEnv-A 702.04 to readasfollows: Initial Proposal 06-07-l0



### nv-A 702.04 Permit-by-Notification Fee. The owner or opemtor of astationmJ> sour e, area source, r device that applies for apermit-by-notificationpursuant to Env-A 603.02 shall 1bmit to the departme a fee of $1,000 with thepermit application. Readopt with 1endments Env-A 705.02, eff. 6-26-04 (doc.#8Jll), to readasfollows: Env-A 705. Determination ofActual Emissions for Use in Calculatin (a) The

**dej~~-l-frfl€1.-al+-owner** 

### or operators ofa 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 certifiedgaseous CEMsyst 111 

### meeting the requirementsof Env-A 808, which in udes substitute data in 

### accordm e with Env-A 808.13foreachperiod for which the CEMsy 'Ill 

### didnot collect validdatw

(2) Emissionfactors bas I 

### on emissions data ·om the most recently conductedcompliance methodstack

**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/lsc1tlculated from a111

. .••.

### 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) Emissionfactors based 01 

### altemate e issions data guaranteedby the manufacturer of the device, certified by EPA a accurate forth device, or collectedduring a stacktestof an identicaldevice that was no observedb,)lthe dep rtment, that

**/!wet~** 

### allotheracceptance criteria specifiedin (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;uantto

**Jlny~A** WO; 

### (5) AP-42, Fifth dition, "Compilation of AirPollutm Emissioil Factors, Volume I: StationmJ> Point ndAreaSources",

**publish~din199.5** 

### by. , .. e 

### EPA,assupplemented from 1996- 2000an...· 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



## ·"'~~~:ing 

### car culf.'!



## 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 pursuantto (a), above, are determined to be less th n one ton per year, then t e owner oroperator shall calculate the emission-based fee using an emission-ba d multiplier ofone to per year. c) A description ofthe method used for calculating actual emissions shall be submitted t the de ttment with each fee payment. 

### AmendEnv-A 903.01(b), 

### eff. 4-21-07 (doc. #8872), cited andto readasfollows: Env-A 903.01 Applicability. (b) The owner or operator of

### a-any of thefollowing 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 berequired to comply with the requirements ofthis part with respectto that device,: Edit. Subparagraphs (2)-(6) might be clearer ifthe 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 bolditalics deleted language 

### st!'Hel<-tlmmglt Initial Proposal 06-07-10

(1) 

### A device titat is notsubject to Env-A 6(111, hut ll'!ticlt is loCI/ted at a source titat is subject to Env-A 6011; 

### or (2) A source ordevice tltat is operatedpursuant to apermit-by-notification issued pursaantto Env-A 603.02. AmendEnv-A 907. OJ(a), eff. 4-21-07 (doc. #8872). citedandto readas follows: Env-A 907.01 General Reporting Requirements. (a) The owneror operator ofany stationary source, area source or device subjectto Env-A 600, 2



### excluding 11 

### source or device operatedpursuantto apermit-by-notification, shall submit an annual emissions report to the departmenton or before April 15 oftheyear following the calendaryear 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 ofadoption.



### 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: 

### '

### Initial Proposal 06-07-10 Added language in 

### bolditalics; deleted language struek throttglt Edit. "Change" (this comment applies throughout the proposal) 

### Revis ec1ding of CHAPTER Env-A 2800 

### asfollows: CHAPTER Env-A 2800 SAND AND GRAVEL SOURCES,;

### NON-METALLICMINERAL PROCESSINGPLANTS; AND-CEMENT AND CONCRETE SOURCES Statutory Authority: RSA 125-C:4, I

**{ie~i~e** 

### the heading of PARTEnv-A 2801 

### asfollows: PART Env-A 2801 PURPOSE

### ANDAPPLICABILITY Readopt with amendmentsEnv-A 2801.01, 

### e.ff. 11-24-04 

### (doc. 118218), 

### to readasfollows: Env-A 2801.0I 

### Purpose. The purpose ofthis chapter is to establish: (a) 

### Sstandards for particulate matter emissions and visible emissions for sand and gravel sources, non-nwta/lic nzineralprocessingplants, and cement and concrete sources';; 

### (b) Fugitive dust requirements for sandandgravelsources, non-metallicmineralprocessing plants, andcementandconcrete sources; and 

### (c) Permit by notification requirements/or non-metallic mineralprocessingplants. Readoptwith amendmentsEnv-A 2802.01, 

### e.ff. 11-24-04 

### (doc. #8218), 

### andrenumber as Env-A 2801.02, 

### to readas follows: Env-A 2802.01 2801.02 

### &OO)'!&Applicabilitv. This chapter shall apply to any: (a) Sand and gravel source;

# aua (b) Non-metallic mineralprocessingplant; and (B-e) 

### Cement, ready mix concrete, or cement block source. 

## f?.e]!is§ the heading of PARTEnv-A 2802 

### asfollows: PART Env-A 2802 £COPE 

### DEFINITIONS AdoptEnv-A 2802.01 

### through Env-A 2802.03 

### to readasfollows: Env-A 2802.OJ 

### "Affected equipment"means each crusher, grinding mill, screening operation, bucket elevator, belt

**convey01~** 

### bagging operation, storage bin, andenclosedtruck or railcar loading stltlion at an affected facility, as well as each crusher andgrindingmillat hotmix asplutlt facilities that reduce the size of nonmetallic minerals embeddedin recycledasphaltpavement. Env-A 2802.02 

### "Affected facility" means a non-metallicmineralprocessingplantother than the following: (a) Afacility located in an undergroundmine; (b) A wetmaterialprocessing operation; (c) Afixed non-metallic minemlprocessingplant with a capacity of 25 tonsperhouror less; (d) Aportable non-metallicmineralprocessingplmll with a capacity of 150

### tonsper hour or less; and 

### (e) A common clayplant orpumiceplant with a capacity ofl0 tonsper hour or less. Env-A 2802.03 "Non-metallic minemlprocessingplant"means any combination of equipment usedto grindor crush any non-metallicmineral, such as stone, smut, gravel, clay, rocksalt, vermiculite. The term includes allequipment usedin conjunction with the grinding or crushing equipment to d1y, mix, convey, size, orblendtheprocessedmatei·ia!.

### Added language in bold italics; 

### deleted language stl't!BlHiweugh Initial Proposal 06-07-10 2


### Readopt with amendmentsEnv-A !OJ. 166, ejf 1-!8-97 (doc. #6428-A), andrenumber as Env-A 2802.04, to readasfollows: 

### Env-A I01.166--2802.114 

### "Sand and gravel source" means any source where-gfiBding, erushffig,at w!tich 

### drying, mixing, conveying, sizing, or blending ofrock, 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, orblendsuc!t materials. The term does not include tmy equipmentoractivities relatedto grinding
or crushing. AdoptE111'-A 2802.05 to readasfollows: Env-A 2802.05 "Successful compliance test"means a completedtest that

### ivperformed for the plli]Jose of demonstrating compliance andthatdoes demonstrate that the source is

### in compliance with the requirement(v)for wlticfl the test is conducted. Revise the heading of PARTEnv-A 2803 as follows: 

### PART Env-A 2803 EMISSION STANDARDS FOR SAND AND GRAVEL SOURCES NONMETALLICMINERAL PROCESSINGPLANTS Readoptwith amendments Env-A 2803. OJ andEnv-A 2803.02, eif1!-24-04 (doc. #8218), to readas follows: 

### Env-A 2803.01 Visible Emission andParticulate 

### Standards for Sand and Gravel SoHreeS-NonmetallicMineralProcessingPlants. 

### {(a) has been moved and renumbered as (e), below} (13) Opaeity shall be determiRed in aoeordanee v1ith Env A 807. (a) A non-metallic mineralprocessingplantthat is an t!tfectedfacili(Vshallbesubject to 40 CFR 60, subpart 000, regardless of when construction of theplantcommencetl (b) The owneroroperator t!ftm affected facility shallconducta

**succes.~ful** 

### compliance test 011 the affectedequipment

### in accorda11ce with 40 CFR 60.675 within o11eyearafter the 2010

**~ffective** 

### date of this chapter if the affected facility: (1) Is in existence on the2010 effective date of this rule; and (2) 

### Jlas neverbeen successfully tested priorto thatdate. (c) The owneroroperator of an affectedfacilityshallconducta successfulcomplia11ce test: (1) Within 60 days after changing the methodof dustsuppression usedat the affected facility; (2) Within180 days after initialstartup, 

## if the owner or opemtor replaces apiece

**~f**



### .affectedequipment; or

(3) 

## If the test isotherwise requiredby 40 CFR 60subpart 000. (d) 

### The owneror operator of an affected facility shallnotbe requiredto conducta complia11ce testsolely because the location of theaffected facility haschanged, (ae) 

### The owner oroperator ofa sand and gravel so:;ree non-metallicmineral processingplantthat is notan affected facility 

### shall not cause or allowvisiblefugitive 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 Minem!ProcessingPlants. The owner or operator ofa 

### saoo-£m<l-gra-vol-seBfee-non-meta/lic mineral processingplant shall not operate the soaree

### plantunless it is equipped with a fugitive emission control system that is operated and maintained to control the emission ofparticulate matter. 

### ReadoptPARTEnv-A 2804, 

### eff. 11-24-04 

### (doc. #8218), 

### to readasfollows: 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 CementBlock Sources. 3



### (a) Visible fugitive emissions orvisible 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 PARTEnv-A 2805 

### asfollows: PART Env-A 2805 FUGITIVE DUST CONTROLWITHIN THB PLANT PRDPERTY 

### FORALL SOURCES Edit. "2805.01" 

### Readoptwith amendmentsEnv-A 'i803_.'r!L

### andEJ1v-A

__ 8Q};'Q?, 

### eff. 11-24-04 

### (doc. #8218), 

### to readas follows: Env-A 2805.01 Fugitive Dust Control Within PlantPmpeflr-/ilr

### AllSources. (a) For 

### any source or plant subject to this chapter, the owner or operatorshall 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 operatorshall 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. 

### Adda heading for PARTEnv-A 2806

### asfollows: PARTEnv-A 2806 

### PERMIT-BY-NOTIFICATIONFORNON-METALLICMINERAL PROCESSING PLANTS AdoptEnv-A 2806.OJ 

### through Env-A 2806.03, 

### to readasfollows: Env-A 2806.OJ 

### Permit-Bv-Noti(icationRequired. Prior to operating any non-metallic mineral processingplant, the owner or operator shallobtain: (a) A standardpermit, as specifiedin Env-A 600; 

### or (b) Apermit-by-notification, as specifiedin 

### thispart. Env-A 2806.02 

### Permit-Bv-Noti(ication Procedures. (a) To obtain apermit-by-notification, the owner or operator of a non-metallicmineral processingplantshall.flle the information requiredbyEnv-A 2806.04 

### in writing to the department, together with tl1e signature andcertification specifiedin Env-A 2806.05 

### andthe fee specifiedin Env-A 2806.06. 

### Thefiling shallconstitute apermitapplicationfor theplant. (b) The departmentshallissue apermit-by-notificationfor a non-metallicmineralprocessing plant 

### if:Added language in 

### boiditaiics; deleted language struek •JweHgf> Initial Proposal 06-07-10 4



### (1) The applicant lws.filedall requiredinformation andthe required fee; and (2) Thefiling demonstrates that theplant willmeet the applicable requirements of Env-A 28113, Em>-A 28115, andE11V-A 28116. (c) Within 10 days after initialstnrtup of 1111 

### affected facility, the owner or operator shall notify the department byfax, email, orpostalmail

**~{the** 

### actual date of startup. Env-A 28116.03 Notification o(Changes Required. (a) Within10 days after 11

### permit-by-notificationfacility has commencedoperation in 11 

### different location, the owner or operatorslwllfi/ea location change notice to the department andthe towns where the facility was last andis now located viafax, email, orpostalmail, containing thefollowing il!formation: (1) The unique facility identification assignedby the department in the initialpermit-bynotification; (2) Thephysicallocation from which thefacility wasmoved; and (3) Thephysicallocation to which thefitcility was moved. (b) Wit/Lin 10 days after the replacementof any affectedequipment, the owner or operator shall file anotification with the department that contains: (1) The information specifiedin 40 CFR 60.676(a)(1), (2), and (3), as applicable; and (2) The date on which testing of the new equipmell( willbe conducted. (c) Anynotice filedpursuantto (a) or (b), above, shallbe signedas specifiedin Env-A 2806.05. Readoptwith amendmentEnv-A 1710.04, eff. 7-28-04 (doc. #8130}, andrenumber as Env-A 2806.04, so thatEnv-A 2806.04 reads asfollows: Env A 

### .J.'l-.W-2806.04 Form 

### G8P 3, Nomneffillis Mineffil Prosessing

### PlantsApplication Content. 

## W In addition to form GSP I, a registrant 

### The applicantfor the general state permit

### apermit-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 owneror operator, and, 

## if available, an

**e~nzail**

### address and fax nunzber; 

### ( 4=b) Thename 

### ornumber, or both, that-the owner or operatoruses 

### .for-to identifYthe

### OOHHwtallie mineral presessingplant; arul 

### ('i.e) The town or eity in whish che fasility is 

### leeate<J...physicallocation of theplant, includingstreet address andmunicipality; (J1-+lle date

**01-~** whishthe registration form was sompleted; (5) The following information aboutthe nonmetallie mineral proeessing plant 

### fh(d) Any previous permitnumber; 

### lr.(e) Theraw material throughput operating at maximum capacity, in pounds perhour and tons per year; arul

### Added language in bolditalics; 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 affectedequipment at theplant, not including any energy-generating devices; 5



### (1-g) Attachment A, the For each listedpiece of

**equipment~mponeHt** 

### inventory list, coHtaining the following-inf&rmatioH ab&ut-eaeh component (1) 

### A description andthe name ornumbe1; orboth, the owneror operator uses to identify the equipment; a{2) The Hame ofthe-manufaeturer andserial number, if available; b. The model

**n~tmber;** 

### <T.---+i'IB-5erial number, (3) The ratedcapacity of each crusher, grinding mill, 

### bucket elevator, bagging operation, orenclosedtruck ormilcarloadingstation in tonsperhour; (4) 

### The totalSlll:face area of the top screen of each screening operation; (5) 

### The width of each conveyor belt; (6) The ratedcapacity in 

### tons of each storage bin; and 

### Eh(7) The date of:



### a. !initial construction; or e. The date ofinstallation in New Hampshire;-tlllf! 

### f.-b. The date ofthe-most recent modification resulting it: an increase in emissions, if applicable; and

c. The most recent replacement, if applicable; and d. The most 1·ecentsuccessfulcompliance test, 

## if applicable; (2) Attachment B, 

### the emissions sammary, containir:g the fullowing infurmation about eaffi e&lHjlBneffi; 

### a. Thetype ofpollution eontrol eq:tipment ased, ifapplicable; b. The emission faetors :tsed to estimate emissions; and e. Tae estimated emissiolls ofpartiealate matter and PM19 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 ofthe nonmetallie mineral proeessing plant; and (2) A U8GS map seetion-'.'iith tae site leGation elearly noted. (h) For a new ormodifiednon-metallicmineralprocessingplant or for one that hasnever been tested, the date(>) on which compliance testing will be conducted; and (i) 

### A brief explanation oft he methods that 

### willbe usedto controlemissions andfitgitive dust. AdoptEnv-A 2806.05 through Env-A 2806.07, to readas follows: Env-A 28116.05 Signature andCertification. (a) Tlte owner or operator oft he non-metallic minemlprocessingplantshallsign each applicationfiledpursuant to Env-A 2806.02 and each notification filedpursuant to Env-A 2806.03.

### Added language in 

### bolditalics; deleted language s!ruek

**tlu~** 

### initial Proposal 06-07-10 6



### (b) The signature of the owner or operatorshallconstitute certification that: (1) The owner or operator has readEnv-A 2803, Env-A 280S, Env-A 2806, and40 CFR 60, subpart 000; · (2) The owner or opel'lltor understwuls and will comply with the requirements; (3) The owner or opel'lltorhas notifiedthe clerk of the town or city in which the facility is locatedof itspendingoperation; and (4) Allil!(ormationfiledis true, complete, andnotmisleading to the knowledge andbelief '!(the signor. Env-A 2806.06Application Fee. The applicantshallpr1y an applicationfee of $1,000 with the permit application. Env-A 2806.07 Recordkeeping andReporting. (a) The owner or operator rif a non-metallicmineralprocessingplantshall retain records for a minimum of 5years on : (1) 

### The total quantity rif all materialsprocessedon an annualbasis; and (2) The results t!(allperformance testing conductedto determine compliance with the standardsspecifiedin Env-A 2803, including40 CFR 60, subpart 000. (b) The owner or opemtorof a non-metallic mineralprocessingplantshall.file the results of any pe1jormance test conductedto determine compliance with the standards set forth in 

### Env-A 2803, including40 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 42010 RULEMAKING NOTICEFORM 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 ofEnvironmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 3. Federal Authority: 4. Type ofAction: Adoption Amendment Repeal 

### X

Readoption X Readoption w/amendment XN/A

5. Short Title: ·sand & Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources

. 6. (a) Summary ofwhat the rule says and the effect ofthe 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 bereadopted with amendments to (1) distinguish sources at which non-meia11ic minerals are subject to crushing or grinding ("non-metallic mineral processingplants") from other sand & gravel sources; (2) separate the particulate matter and visible emissions standards for non-metallic mineral pmcessingplants fmm those for other sources; and (3) establish a permit-bynotification (PBN) for non-metallic mineral processingplants to replace the General StatePermit (GSP) option, As part ofthe proposed revisions, Env-A I01.166 (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 bereadopted with amendments as Env-A 2806.04, Related amendments to Env-A 600, Env-A 700, Env-A 900, and Env-A 1700 are beingproposed in separate rulemakings, 6. (b) Briefdescription ofthe groups affected: Owners and operators ofnonmetallic mineral processingplants would be affected by the proposed changes to these rules. ·

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

implement: Rule Section(s) StateStatute(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 

### bolditalics; 

### deleted language <lffite-h-ilifel!gh

**(';f~,.r.e** 

### . Ra.lli.'e the heading

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### CHAPTER E11v-A 2800 asfollows: Initial Proposal 06-07-10

CHAPTER Env-A 2800 SAND AND ORAVEL SOURCES;; 

### NON-METALLICMINERAL PROCESSING PLANTS; AN±l-CEMENT AND CONCRETE SOURCES

**C:~** 

### e Statutory Authodty: RSA 125-C:4, 

### I 

# r .. R!Wbse the heading of PARTEnv-A 2801 asfollows: PART Env-A 2801 PURPOSE

### ANDAPPLICABILITY Readopt with amendments Em>-A 2801.01, eff. 11-24-04 (doc. #8218), to readasfollows: Env-A 2801 

### .OJ Purpose. The purpose ofthis chapter is to establish: ·(a}

**S~tandards** for particulate matter emissions and visible emissions for sand and gravel sources, 

### non-metallic mineralprocessinf!plants, and cement and concrete sources.; 

### (b} Fugitive dust requirementsfor sandandgravelsources, non-metallic mineralprocessing plants, and cementandconcrete sources; and

· (c) Permitby notification requirementsfor non-metallicmineralprocessingplants, Readoptwith amendmentsEnv-A 2802.01, eff. 11-24-04 (doc. #8218), and renumber as Env-A 2801.02, to readasfollows: Env-A 2802.01 

### 2801.02 &eet?e-Applicability. This chapter shall apply to any: (a) Sand imd gravel source; 

### ftflfl (b) Non-metallic mineralprocessingplant; and (b-e) Cement, ready mix concrete, or cement block source.



# ff:!::!~e heading of PARTEnv-A.2802 as follows: PART Env-A 2802 SCOPE

### DEFINITIONS Adapt Env-A 2802.01 through Env-A 2802.03 to readasfollows: Env-A 2802.01 "Affectedequipment"means each crusher; grindingmill, screening.operation, bucket elevator, beltconveyor; bagging operation, storage bin, and enclosedtruck or railcar loading

.station atan affected facility, as wellas each crusherandgrinding millathotmixasphalt facilities that reduce the size of nonmetallic minerals embeddedin recycledasphaltpavement. Env-A 2802.02 "Affected facility"meansa non-metallic mineralpro,cessingplantother than the fallowing: (a) Afacility located in an undergroundmine; (b} ·A wetmaterial processing operation; (c) Afixednon-metallic mineralprocessingplantwith a capacity of 25 tonsperhourorless; (d) Aportable non-metallic mineral processingplantwith a capacity of 

### ISO tonsperhouror less; and (e) A common 

### clayplant orpumiceplantwith a capacity of 10 tonsperhouror less. Env-A 2802.03 "Non-metallic mineralprocessingplant"means any combination of equipment used to grindorcrushany nan-metallic

**minera~** 

### suchas stone, sand, gravel, clay, rock

**sal~** 

### vermiculite, The term includes all equipment used in conjunction with the grinding orcrushing equipmentto dry, mix, convey, size, orble'ndtheprocessedmaterial.

. · I( Added language in bolditalics; deleted language streak tlusegh lnitial Proposal 

### 06-07-I

### 0 3

Env-A 

### 2803.02 Fugitive Emission Control Systems for SaBd and Gravel Se<±reefrNon-Metallic MineralProcessingPlants. The owner or operator of affif!fr.aHEI-gfavel-1HltH'ee-non-metallic mineral processingplant shall not operate theBfffife&plant unless it is equipped with a fugitive emission control system that is operated and.maintained to control the emission ofparticulate matter, ReadoptPARTEnv-A 2804, eff. 11-24-04 (doc. #8218), to readasfollows: PARTEnv-A 

### 2804 VISIBLE EMISSION STANDARD FOR CEMENT, READY MIX CONCRETE, AND CEMENTBLOCK SOURCES Env-A 

### 2804.01 Visible Emission Standard for Cement, Ready Mix Concrete, and Cement Block Sources. · · (a) Visiblefugitive emissions or visible stack emissions from a cement, ready mix concrete, or cement block source shall notexceed 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 PARTEnv-A 2805 asfollows: PARTEnv-A 

### 2805 FUGITIVEDUST CONTROL

### WI'I'-HJN-'I'HB-PLAHT PROPER.'F¥-FORALL SOURCES


# . . ,$'

. Readoptwith 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 PlaatPresertyforAllSources.

(a) For any source or plant subject to this chapter, the owner or operator shall control emissions of dustfrom vehicular movement within the plant propmty boundaries,by usingFfugitive 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 Botbe limited ts, such as wet suppression, windbreaks, enclosures, or soil stabilization. Adda headingforPARTEnv'A 2806asfol{ows: PARTEnv-A2806 PERMIT-BY-NOTIFICATIONFOR NON-METALLICMINERAL PROCESSING PLANTS Adopt Env-A 2806,01 through Env'A 2806.03, to read as follows: Env-A 2806.01 Permit-By-NotificationRequired. Priorto operatingany non-metallic mineral processingplant, the owner or operatorshall obtain: (a)

. A standardpennit, as specifiedin Env·A 600; or (b) Apermit-by-notification, as specifiedin thispart, Env-A 2806.02 Permit-By-Notification Procedures. (a) To obtain apermit-by-lwtification, the owner'oropmitorof a non-metallic mineral processingplantshall file the information required by Env-A 2806.04 in writing.to the department, together with the signatureand certificationspecifiedinEnv-A 2806.05 andthefee specifiedinEnv-A .2806.06. Thefiling shall constitute apermitapplication for theplant, (b) The departmentshall issue apermit-by-notification for a non-metallic mineral processing plantif: