Readopt with amendment Env-A 2800, eff. 10-1-10 (doc. #9793), to read as follows: 
                        CHAPTER Env-A 2800  SAND AND GRAVEL SOURCES; NON-METALLIC MINERAL PROCESSING PLANTS; CEMENT AND CONCRETE SOURCES

		Statutory Authority:  RSA 125-C:4, I

PART Env-A 2801  PURPOSE AND APPLICABILITY

	Env-A 2801.01  Purpose.  The purpose of this chapter is to establish:

	(a)	Standards for particulate matter emissions and visible emissions for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources;

	(b)	Fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources; and

	(c)	Permit-by-notification requirements for non-metallic mineral processing plants.

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

	(a)	Sand and gravel source;

	(b)	Non-metallic mineral processing plant; and

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

PART Env-A 2802  DEFINITIONS

	Env-A 2802.01  "Affected equipment" means each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station at an affected facility, as well as each crusher and grinding mill at hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement.

	Env-A 2802.02  "Affected facility" means a non-metallic mineral processing plant other than the following:

	(a)	A facility located in an underground mine;

	(b)	A wet material processing operation;

	(c)	A fixed non-metallic mineral processing plant with a capacity of 25 tons per hour or less;

	(d)	A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or less; and

	(e)	A common clay plant or pumice plant with a capacity of 10 tons per hour or less.

	Env-A 2802.03  "Electronic means" as applied to the submittal of documents, including but not limited to reports and notifications, to the department means sending the document(s) by fax, as an email or an attachment to an email, or through an electronic reporting system designed and intended to be used for submitting documents electronically to the department.

	Env-A 2802.0304  "Non-metallic mineral processing plant" means any combination of equipment used to grind or crush any non-metallic mineral, such as stone, sand, gravel, clay, rock salt, vermiculite.  The term includes all equipment used in conjunction with the grinding or crushing equipment to dry, mix, convey, size, or blend the processed material.

	Env-A 2802.0405  "Sand and gravel source" means any source at which drying, mixing, conveying, sizing, or blending of rock, sand, or gravel products is conducted, and includes all equipment and auxiliaries used to dry, mix, convey, size, or blend such materials.  The term does not include any equipment or activities related to grinding or crushing.

	Env-A 2802.06  "Submit in writing" as applied to the submittal of documents, including but not limited to reports and notifications, to the department means submit the required information in writing using electronic means, U.S. Postal Service mail, or private delivery service.
 
	Env-A 2802.0507  "Successful compliance test" means a completed test that is performed for the purpose of demonstrating compliance and that does demonstrate that the source is in compliance with the requirement(s) for which the test is conducted.

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 OOO, regardless of when construction, modification, or reconstruction of the plant commenced, provided, however, that the differentiation in subpart OOO between affected facilities that commenced construction, modification, or reconstruction prior to April 22, 2008 and those that commenced construction, modification, or reconstruction on or after April 22, 2008 shall still apply.

	(b)	The owner or operator of a non-metallic mineral processing plant that is not an affected facility shall not cause or allow visible fugitive emissions or visible stack emissions from the source to exceed an average of 20 percent opacity, determined in accordance with Env-A 807, for any continuous 6-minute period at crushers, transfer points, or screens.

	Env-A 2803.02  Compliance Testing Requirements for Non-Metallic Mineral Processing Plants.

	(a)	The owner or operator of an affected facility shall conduct a successful compliance test on the affected equipment in accordance with 40 CFR 60.675 within one year after the 2010 effective date of this chapter if the affected facility:

        (1)	Is in existence on the 2010 effective date of this chapter; and
        
        (2)	Has never had a successful compliance test prior to that date.

	(b)	If an affected facility does not operate during the year following the 2010 effective date of this chapter or if specific affected equipment is not used during the year following the 2010 effective date of this chapter, the owner or operator shall conduct a successful compliance test on the affected facility or specific affected equipment, as applicable, in accordance with 40 CFR 60.675 within 60 days of achieving the maximum production rate at which the affected facility or affected equipment will be operated or 180 days after startup, whichever is sooner.

	(c)	In addition to the compliance test required by (a) or (b), above, the owner or operator of an affected facility shall conduct a successful compliance test:

        (1)	Within 60 days after changing the method of dust suppression used at the affected facility;
        
        (2)	Within 60 days after achieving the maximum production rate at which the affected equipment will be operated or 180 days after initial startup, whichever is sooner, if the owner or operator replaces a piece of affected equipment; or
        
        (3)	If the test is otherwise required by 40 CFR 60 subpart OOO.

	(d)	The owner or operator of an affected facility shall not be required to conduct a compliance test solely because the location of the affected facility has changed.

	Env-A 2803.03  Fugitive Emission Control Systems for Non-Metallic Mineral Processing Plants.  The owner or operator of a non-metallic mineral processing plant shall not operate the plant unless it is equipped with a fugitive emission control system that is operated and maintained to control the emission of particulate matter.

                        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)	Neither vVisible fugitive emissions nor visible stack emissions from a cement, ready mix concrete, or cement block source shall not exceed an average of 20 percent opacity for any continuous 6-minute period.

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

PART Env-A 2805  FUGITIVE DUST CONTROL FOR ALL SOURCES

	Env-A 2805.01  Fugitive Dust Control for All Sources.

	(a)	For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from vehicular movement within the plant property boundaries by using fugitive dust control methods such as paving or wetting the roadways.

	(b)	For any source or plant subject to this chapter, the owner or operator shall control emissions of dust from stockpiling by using fugitive dust control methods such as wet suppression, windbreaks, enclosures, or soil stabilization.

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

	Env-A 2806.01  Permit-By-Notification Required.  Prior to operating any non-metallic mineral processing plant, the owner or operator shall obtain:

	(a)	A standard permit, as specified in Env-A 600; or

	(b)	A permit-by-notification, as specified in this part.

	Env-A 2806.02  Permit-By-Notification Procedures. 

	(a)	To obtain a permit-by-notification, the owner or operator of a non-metallic mineral processing plant shall file submit the information required by Env-A 2806.04 in writing to the department, together with the signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06.  The filing shall constitute a permit application for the plant.

	(b)	The department shall issue a permit-by-notification for a non-metallic mineral processing plant if:

        (1)	The applicant has filed submitted all required information and the required fee; and
        
        (2)	The filing demonstrates that the plant will meet the applicable requirements of Env-A 2803, Env-A 2805, and Env-A 2806.

	(c)	Within 10 days after initial startup of an affected facility, the owner or operator shall notify the department in writing by fax, email, electronic means, or U.S. Ppostal Service (USPS) mail, or private delivery service of the actual date of startup.

	Env-A 2806.03  Notification of Changes Required.

	(a)	Within 10 days after a permit-by-notification facility has commenced operation in a different location other than that identified in the information submitted pursuant to Env-A 2806.02, the owner or operator shall file submit  in writing to the department a location change notice that contains the information listed in (c), below. to the department and 

	(b)	At the same time the information is submitted to the department, the owner or operator shall send a copy of the written information to the towns where the facility was last previously located and to the town in which the facility is now located, if different. via fax, email, or postal mail, containing the following information: 

	(c)	The information required by (a), above, shall be as follows:

        (1)	The unique facility identification assigned by the department in the initial permit-by-notification;
        
        (2)	The physical location from which the facility was moved; and
        
        (3)	The physical location to which the facility was moved.

	(bd)  Within 10 days after the replacement of any affected equipment, the owner or operator shall file submit in writing to the department a notification with the department that contains:

        (1)	The information specified in 40 CFR 60.676(a)(1), (2), (3), and (4), as applicable; and 
        
        (2)	The date on which testing of the new equipment will be conducted.

	(ce)  Any notice filed pursuant to (a) or (bd), 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 submit in writing to the department the following information with the department:

	(a)	The name, mailing address, and daytime telephone number including area code, and email address of the owner or operator, and, if and email address is not available, an e-mail address and a fax number for the person;

	(b)	The name or identification number, or both, the owner or operator uses to identify the plant;

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

	(d)	Any previous permit number;

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

	(f)	A list of all affected equipment at the plant, not including any energy-generating devices;

	(g)	For each listed piece of equipment, the following:

        (1)	A description and the name or identification number, or both, the owner or operator uses to identify the equipment;
        
        (2)	The manufacturer and serial number, if available;
        
        (3)	The rated capacity of each crusher, grinding mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station in tons per hour;
        
        (4)	The total surface area of the top screen of each screening operation;
        
        (5)	The width of each conveyor belt;
        
        (6)	The rated capacity in tons of each storage bin; and
        
        (7)	The date of:
        
            a.  Initial construction or installation in New Hampshire;
            
            b.  The most recent modification, if applicable any;
            
            c.  The most recent replacement, if applicable any; and
            
            d.  The most recent successful compliance test, if applicable any;

	(h)	For a new or modified non-metallic mineral processing plant or for one that has never been tested, the date(s) on which compliance testing will be conducted; and

	(i)	A brief explanation of the methods that will be used to control emissions and fugitive dust.

	Env-A 2806.05  Signature and Certification.

	(a)	The owner or operator of the non-metallic mineral processing plant shall sign each application filed pursuant to Env-A 2806.02 and each notification filed pursuant to Env-A 2806.03.

	(b)	The signature of the owner or operator shall constitute certification that:

        (1)	The owner or operator has read Env-A 2803, Env-A 2805, Env-A 2806, and 40 CFR 60, subpart OOO;
        
        (2)	The owner or operator understands and will comply with the requirements;
        
        (3)	The owner or operator has notified the clerk of the town or city in which the facility is located of its pending operation; and
        
        (4)	All information filed is true, complete, and not misleading to the knowledge and belief of the signor. signer; and
        
        (5)	The signer understands that:
        
            a.  Any permit-by-notification issued based on false, incomplete, or misleading information is subject to revocation; and
            
            b.  The signer is subject to the penalties for falsification in official matters currently specified in RSA 641.

	Env-A 2806.06  Application Fee.  The applicant shall pay an application fee of $1,000 with the permit-by-notification application.

	Env-A 2806.07  Recordkeeping and Reporting.

	(a)	The owner or operator of a non-metallic mineral processing plant shall retain records for a minimum of 5 years on:

        (1)	The total quantity of all materials processed on an annual basis; and
        
        (2)	The results of all performance testing conducted to determine compliance with the standards specified in Env-A 2803, including 40 CFR 60, subpart OOO.

	(b)	The owner or operator of a non-metallic mineral processing plant shall file the results of any performance test conducted to determine compliance with the standards set forth in Env-A 2803, including 40 CFR 60, subpart OOO, within 60 days of the test.






        Appendix:  State Statute(s) and Federal Regulations Implemented

Rule Section(s)
State Statute(s) Implemented
Federal Regulations Implemented
Env-A 2801
RSA 125-C:6, II

Env-A 2802
RSA 125-C:6, II

Env-A 2803
RSA 125-C:6, II 
40 CFR § 60.675
40 CFR 60 subpart OOO
Env-A 2804
RSA 125-C:6, II

Env-A 2805
RSA 125-C:6, II

Env-A 2806 (also see specific section below)
RSA 125-C:11, III-c
40 CFR 60.676(a)(1), (2), (3), and (4) 
40 CFR 60 subpart OOO
Env-A 2806.06
RSA 125-C:12, IV-c



