                                       
                               RULEMAKING NOTICE

Notice Number
                                       

Rule Number
                                  Env-A 2800

                                       
1.	Agency Name & Address:

   Department of Environmental Services
   29 Hazen Drive
   P.O. Box 95
   Concord, NH 03302-0095

2.	RSA Authority:
                               RSA 125-C:4, I(a)

3.	Federal Authority:
                                      N/A

4.	Type of Action:

	Adoption
                                          

	Amendment
                                          

	Repeal
                                          

	Readoption
                                          

	Readoption w/amendment
                                       X


5.	Short Title:	Sand & Gravel Sources; Non-Metallic Mineral Processing Plants; 
		Cement & Concrete Sources
6. (a)	Summary of what the rule says and of any proposed amendments:
   The existing rules Env-A 2800 contain standards for particulate matter emissions, visible emissions and fugitive dust requirements for sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources as well as permit by notification requirements for non-metallic mineral processing plants.  The rules are scheduled to expire on October 1, 2018, so the Department is proposing to readopt the chapter with amendments to clarify existing requirements, including that electronic submittal of information is allowed for permits by notification. The existing rules will continue in effect pursuant to RSA 541-A:14-a, I, subject to the conditions specified therein.   
 
6. (b)	Brief description of the groups affected:
   Sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources are affected.
 
6. (c)	Specific section(s) of state statute or federal statute or regulation the rule is intended to implement:
   
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

   

7.	Contact person for copies and questions including requests to accommodate persons with disabilities:
Name:
Karla McManus
Title:
Planning and Rules Manager
Address:
Dept. of Environmental Services
29 Hazen Drive; P.O. Box 95
Concord, NH 03302-0095
Phone #:
Fax#:
E-mail:
(603) 271-6854
(603) 271-1381
Karla.McManus@des.nh.gov
The rules also can be viewed in PDF at http://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm
TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)



8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified:	4:00 p.m. on Friday, November 9, 2018
     YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING 
   Fax
E-mail
Other format (specify):          



9. Public hearing scheduled for: 
Date and Time:
Thursday, November 1, 2018 at 1:30 
Place:
, DES Offices, 
10.	Fiscal Impact Statement (Prepared by Legislative Budget Assistant):  FIS # 18:163 , dated 9/21/018:
   1.  Comparison of the costs of the proposed rule(s) to the existing rule(s):
There is no difference in cost when comparing the proposed rules to the existing rules.
   2.  Cite the Federal mandate.  Identify the impact on state funds:
There is no federal mandate.  The existing rule is part of a State Implementation Plan (SIP), which has been approved by the U.S. Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 43 U.S.C. § 7410.  If the rule is allowed to expire, the state would be in violation of the SIP and subject to federal sanctions.
   3.  Cost and benefits of the proposed rule(s):

	A.  To State general or State special funds:
None.
	B.  To State citizens and political subdivisions:
None.
	C.  To independently owned businesses:
None.
  
11.	Statement Relative to Part I, Article 28-a of the N.H. Constitution:

    The proposed rules do not create, expand, or modify any program or responsibility in such a way as to necessitate additional local expenditures by political subdivisions.  The rules thus do not violate Part I, Article 28-a of the New Hampshire Constitution.     


