A Permit-by-Notification for Non-Metallic Mineral Processing Plants (PBN-NM) is issued to regulate and limit air emissions from non-metallic mineral processing plants (rock crushing plants) instead of a Temporary Permit or State Permit to Operate. It provides the same environmental protection while allowing for greater flexibility, eliminating the permit renewal process, reducing the recordkeeping requirements and lowering fees when compared to the standard Temporary Permit or State Permit to Operate.
Non-metallic mineral processing plants with the following thresholds must obtain a permit:
a) A fixed (stationary) non-metallic mineral processing plant with a capacity of 25 tons per hour or more; or
b) A portable non-metallic mineral processing plant with a capacity of 150 tons per hour or more.
Any owner or operator of a non-metallic mineral processing plant that meets these thresholds may choose to permit the plant with the PBN-NM, as long as the plant is not a major source of air pollution (i.e., does not emit 100 tons or more per year of total suspended particulate matter or TSP). See Env-A 2802.03 Definition of Non-Metallic Mineral Processing Plant.
Statute and Administrative Rules
RSA 125-C:11 Air Pollution Control/Permit Required
RSA 125-C:12 Air Pollution Control/Administrative Requirements
RSA 125-C:13 Air Pollution Control/Criteria for Denial; Suspension or Revocation; Modification
Env-A 603.02 Permit-by-Notification
Env-A 2800 Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete Sources
The owner or operator of a non-metallic mineral processing plant must submit information according to Env-A 2806.04 to DES Air Resources Division, together with the signature and certification specified in Env-A 2806.05 and the fee specified in Env-A 2806.06. This filing constitutes a permit application for the plant.
The information required by Env-A 2806.04 and 2806.05 can also be submitted using the following optional registration forms.
Applicants may apply online for a PBN-NM using Instructions for filling Out Online Registration for Permit By Notification for Non-Metallic Mineral Processing Plants.
One time $1,000 application fee. Plants covered under the Permit-by-Notification will not be required to pay annual emission-based fees.
15 days after an application packet is found to be complete.
The plant owner or operator must provide written notification to DES Air Resources Division containing information according to Env-A 2806.03(b) Notification of Changes Required within 10 days after the replacement or modification of any affected equipment. The owner or operator must submit a written location change notice to DES Air Resources Division and the affected towns with the information required by Env-A 2806.03(a) Notification of Changes Required within 10 days after a plant has begun operation in a different location. Notifications must be signed as specified in Env-A 2806.05 and submitted to DES Air Resources Division via fax (603-271-7053), email ([email protected]) or postal mail.
This information can also be submitted using the form
PBN-4 Notice of Relocation Permit-By-Notification – Non-Metallic Mineral Processing Plants
Within 10 days of a owner or operator change, the new owner or operator must provide notification to DES Air Resources Division via postal mail the name, mailing address, and daytime telephone number of the new owner or operator (and if available, an e-mail address and fax number), the permit-by-notification identification number, and the physical location of the plant, including street address and municipality. Notifications signed as specified in Env-A 2806.05.
Any person aggrieved by the final decision may file an appeal to the Air Resources Council within 10 days of the final decision in accordance with RSA 125-C:12, III and Env-AC 200.
Status of Current Applications
Contact Barbara Dorfschmidt at [email protected] or (603) 271-6796.
If in addition to your rock crusher, you operate a stationary reciprocating internal combustion engine you may be required to submit an initial notification for the Federal Stationary Reciprocating Internal Combustion Engines (RICE) rule 40 CFR Part 63 Subpart ZZZZ. Please visit the National Emission Standards for Hazardous Air Pollutants for RICE for more information on the rule. If you are required to provide an initial notification you may use this sample form.
A pre-application meeting may be scheduled to discuss the permit application prior to submission of the application, if requested.
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