CHAPTER Env-A 1000 PREVENTION, ABATEMENT, AND CONTROL OF OPEN
SOURCE AIR POLLUTION
Statutory
Authority: RSA 125-C:4, I(a)
PART Env-A 1001 OPEN BURNING
Env-A
1001.01 Purpose. The purpose of this part is to limit open air
source pollution by regulating emissions of particulate matter and toxic air
pollutants from the burning of materials where the products of combustion are
discharged directly into the atmosphere rather than through a stack, chimney,
or flue. Regulation of open burning is necessary to maintain attainment of the
ambient air quality standards in accordance with sections 109 and 110 of the
Clean Air Act, as amended, and to protect the public health and welfare pursuant
to RSA 125-C:1.
Source. #120, eff 8-31-73; ss by #721.1, eff 12-7-75;
amd by #1036, eff 10-15-77; #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by
#2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss
by #7850, eff 3-12-03; ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss
by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1001.02 Applicability. This part shall apply to any person
conducting open burning within the state.
Source. #120, eff 8-31-73; ss by #721.1, eff 12-7-75;
amd by #1036, eff 10-15-77; #1717, eff 2-19-81; amd #2092, eff 7-20-82; ss by
#2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #4619, eff 5-26-89; ss by
#5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss
by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by
#12831, eff 8-1-19
Env-A
1001.03 Definitions.
(a) “Brush” means tree tops, limbs, saplings, and
tree cuttings, including attached leaves, that are 5 inches in diameter or
less.
(b) “Campfire wood” means any section of a tree
trunk, limb, or branch cut or split specifically for use in a campfire.
(c) “Combustible domestic waste” means
“combustible domestic waste” as defined in RSA 125-N:2, IV, reprinted in
Appendix B.
(d) “Construction and demolition debris” means “construction
and demolition debris” as defined in RSA 149-M:4, IV-a, reprinted in Appendix
B.
(e) “Open burning” means the burning of any type
of combustible material outside in the ambient air.
(f) “Person” means “person” as defined in RSA
125-C:2, X, reprinted in Appendix B.
(g) “Salvaging or reclaiming operation” means any
activity by which a used material is processed for reuse, including but not
limited to reprocessing of used motor oils, metals, chemicals, shipping
containers, drums, automobiles, automobile parts, and junk yard materials.
(h) “Tire” means any rubber or synthetic object
that is solid, liquid, or gas-filled and upon which vehicles or machines can be
or have been driven or moved.
(i) “Tube” means any rubber or synthetic object
used in conjunction with tires for the purpose of containing gas within a tire
cavity, regardless of whether any gas is still contained.
(j) “Untreated wood” means “untreated wood” as
defined in Env-A 100, reprinted in Appendix B.
Source. #120, eff 8-31-73; ss by #721.1, eff 12-7-75;
amd by #1036, eff 10-15-77; #1717, eff 2-19-81; amd #2092, eff 7-20-82; ss by
#2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by
#6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; amd by #9239, eff 8-23-08; amd
by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11;
ss by #12831, eff 8-1-19
Env-A
1001.04 General Open Burning
Requirements. Open burning in any
part of the state shall be permissible only when the burning:
(a) Is conducted in accordance with the more
stringent of all applicable state and local ordinances, including but not
limited to RSA 125-C:10-c and RSA 227-L;
(b) Is authorized by an official having
jurisdiction over open burning, whenever authorization is required; and
(c) Includes only materials allowed by law or
rule to be burned in the open.
Source. #120, eff 8-31-73; ss by #721.12, eff
12-7-75; #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff
12-27-84; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss and moved
by #7850, eff 3-12-03 (formerly Env-A 1001.03(a)); ss by #9863, INTERIM, eff 3-4-11,
EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #9909, eff 5-1-11;
ss by #12831, eff 8-1-19
Env-A
1001.05 Limited Open Burning
Authorized. Throughout the state,
the following types of open burning shall be permissible without authorization
from the department provided the requirements of Env-A 1001.04 are met:
(a) Burning of untreated wood, untreated pallets,
campfire wood, brush, or charcoal in:
(1) A
campfire, outdoor grill, or outdoor fireplace for recreational purposes or for
food preparation; or
(2) A
bonfire, in conjunction with holiday or festive celebrations;
(b) On-premises burning for the purpose of frost
prevention or agricultural, forestry, or wildlife habitat improvement;
(c) Burning by the land owner of brush or leaves
on a commercial property, provided the material originates on-site;
(d) Burning by the land owner of brush or leaves
on a private, residential property, provided the material:
(1) Originates
on-site; or
(2)
Originates on another residential property and is not transported to the
burning location for commercial purposes or by a commercial entity or its
employees;
(e) Burning by any city or town of brush or
leaves; and
(f) As specified in RSA 125-C:10-c, the
incidental combustion, under the supervision of a solid waste facility
operator, of the untreated wood component of construction and demolition debris
at any municipal transfer station subject to regulation under RSA 149-M.
Source. #120, eff 8-31-73; ss by #721.12, eff
12-7-75; #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff
12-27-84; ss by #5033, eff 12-27-90; ss by #6283-B, eff 7-10-96; ss and moved
by #7850, eff 3-12-03(formerly Env-A 1001.03(b)(1), (b)(2), (b)(4), (c)(2), and
(c)(3) and Env-A 1001.04(a)(2)); ss by #9239, eff 8-23-08; ss by #9909, eff
5-1-11; ss by #12831, eff 8-1-19
Env-A
1001.06 Prohibition Against
Residential Open Burning of Combustible Domestic Waste. As specified in RSA 125-N:4, residential open
burning of combustible domestic waste shall be prohibited.
Source. #120, eff 8-31-73; ss by #721.1 and 721.2,
eff 12-7-75; ss by #1036, eff 10-15-77; ss by #1717, eff 2-19-81; amd by #2092,
eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033,
eff 12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by
#9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by
#12831, eff 8-1-19
Env-A
1001.07 Prohibition Against Burning
Tires and Tubes. No tires, tubes, or
any portion thereof shall be burned in the ambient air at any place in the
state for any reason.
Source. #7850, eff 3-12-03 (formerly Env-A 1001.05);
ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss
by #12831, eff 8-1-19
Env-A
1001.08 Prohibition Against Burning
in the Ambient Air for Salvaging or Reclaiming Operations.
(a) An incinerator that meets the requirements of
Env-A 1900 shall be employed for all thermal salvaging or reclaiming.
(b) No salvaging or reclaiming operation shall
burn anything on-site in the ambient air.
Source. #7850, eff 3-12-03 (formerly Env-A 1001.06);
ss by #9863, INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss
by #12831, eff 8-1-19
Env-A
1001.09 Prohibition Against the Open
Burning of Construction and Demolition Debris. As specified in RSA 125-C:10-c, I, no person
shall combust in the open or allow the open burning of construction and
demolition debris, including the wood component thereof.
Source. #9239, eff 8-23-08; ss by #9909, eff 5-1-11;
ss by #12831, eff 8-1-19
PART Env-A 1002 FUGITIVE DUST
Env-A
1002.01 Purpose. The purpose of this part is to limit
pollution from open air sources by regulating the direct emissions of
particulate matter from those activities that are most likely to generate
airborne particulate matter, also called fugitive dust.
Source. #1038, eff 10-15-78; amd by #1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863,
INTERIM, eff 3-4-11, EXPIRES: 8-31-11; ss by # 9909, eff 5-1-11; ss by #12831,
eff 8-1-19
Env-A
1002.02 Applicability.
(a) Fugitive dust emissions that are carried by
air currents beyond the boundary of the lot on which such emissions occur shall
be subject to this part when created by any commercial or business activity
that generates airborne particulate matter, including but not limited to the
following:
(1)
Commercial mining and quarrying, including the construction,
maintenance, or operation of a commercial mining, quarrying, or strip mining
facility or part thereof, as well as activities that involve the use of
explosive materials in a way that creates airborne particulate matter;
(2)
Construction or renovation of buildings, bridges or other structures,
including paving, sweeping, trenching, excavating, filling, or other activity
associated with the building of streets, roads, highways, parking lots, public
walkways, shopping centers, housing developments, or other centers of business
or residential development;
(3)
Pavement maintenance, including sweeping, vacuuming, surface preparation
for resurfacing, and any other activity involved with the upkeep of streets,
roads, highways, parking lots, public walkways, shopping centers, housing
developments or other centers of business or residential development,
buildings, bridges, utilities, sewer lines, waterlines, or similar structures;
(4)
Demolition, including the tearing down of buildings, bridges, or other
structures; and
(5) Outdoor storage and material stockpiles,
including the unloading, redistribution, and maintenance of materials.
(b) This part shall not apply to the following:
(1)
Application of materials such as sand or de-icing chemicals to streets,
roads, highways, parking lots, driveways, or walkways for pedestrian and
vehicular safety;
(2)
Driving on gravel or dirt roads;
(3)
Using leaf blowers or compressed air, provided that on commercial
properties and public ways such equipment shall:
a. Be
used solely for the purpose of blowing leaves and vegetation; and
b. Not
be used to blow dirt, sand, or gravel except as incidental and necessary to
blowing leaves and vegetation in accordance with (a.), above;
(4)
Resurfacing existing highways where the removal of asphalt, sand, or
other material is not necessary; and
(5)
Agricultural or forestry industry activities or operations.
Source. #1038, eff 10-15-78; amd by #1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863,
INTERIM, eff 3-4-11, EXPIRES:8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1002.03 Precautions to Prevent,
Abate, and Control Fugitive Dust.
(a) Any person engaged in any activity within the
state that emits fugitive dust, other than those listed in Env-A 1002.02(b),
shall take precautions throughout the duration of the activity in order to
prevent, abate, and control the emission of fugitive dust.
(b) Precautions required by (a), above, shall
include but not be limited to the following:
(1)
The use of water or hydrophilic material on operations or surfaces, or
both;
(2)
The construction of wind barriers, application of asphalt, water or
hydrophilic material, or tarps or other such covers to material stockpiles;
(3) The use of hoods, fans, fabric filters,
or other devices to enclose and vent areas where materials prone to producing
fugitive dust are handled;
(4)
The use of containment methods for sandblasting or similar operations,
such as construction of wind barriers and phasing of work to reduce disturbed
surface area; and
(5)
The use of vacuums or other suction devices to collect airborne
particulate matter.
Source. #1038, eff 10-15-78; amd by #1717, eff
2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff
12-27-90; ss by #6283-B, eff 7-10-96; ss by #7850, eff 3-12-03; ss by #9863,
INTERIM, eff 3-4-11, EXPIRES:8-31-11; ss by #9909, eff 5-1-11 (from Env-A
1002.04); ss by #12831, eff 8-1-19
PART Env-A 1003 FIREFIGHTER INSTRUCTION AND TRAINING
ACTIVITIES
Env-A
1003.01 Purpose. The purpose of this part is to minimize
pollution from open air sources by limiting emissions of particulate matter and
toxic air pollutants from open burning for firefighter instruction and training
purposes.
Source. #7850, eff 3-12-03; ss by #9863, INTERIM, eff
3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1003.02 Applicability. This part shall apply to any sponsoring fire
service organization conducting open burning within the state for firefighter
instruction and training.
Source. #7850, eff 3-12-03; ss by #9863, INTERIM, eff
3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1003.03 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Asbestos inspector”
means “asbestos inspector” as defined in Env-A 1802, reprinted in Appendix B;
(b) “Fire department” means “fire department” as
defined in Fire 101, reprinted in Appendix B;
(c) “Person” means “person” as defined in RSA
125-C:2, X, reprinted in Appendix B;
(d) “Sponsoring fire service organization” means:
(1)
Fire department as defined in this section; or
(2)
Any person who is authorized under RSA 21-P and Fire 100 et seq.
to conduct firefighter instruction and training activities; and
(e) “State certified fire instructor” means
“state certified fire instructor” as defined in RSA 21-P:12-c, II(c), reprinted
in Appendix B.
Source. #7850, eff 3-12-03; ss by #9863, INTERIM, eff
3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1003.04 Firefighter Instruction and
Training Activities.
(a) Notwithstanding Env-A 1001, open burning by a
sponsoring fire service organization of solid fuel, liquid fuel, a motor
vehicle, or a structure shall be permissible for firefighter instruction and
training only if conducted in accordance with this part.
(b) A state certified fire instructor shall
directly control and supervise the firefighter instruction and training
activities that involve open burning.
(c) The sponsoring fire service organization
shall:
(1)
Not burn any debris from the demolition of a structure; and
(2) If
burning a structure, ensure that the owner of the structure disposes of ash
resulting from firefighter instruction and training activities in accordance
with the solid waste rules, in particular Env-Sw 902.01(a), Env-Sw 902.02(c),
and Env-Sw 902.04(a)&(b).
Source. #7850, eff 3-12-03; ss by #9863, INTERIM, eff
3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1003.05 Required Notice for Live Fire
Instruction and Training Activities.
(a) At least 10 days before an open burn for
firefighter instruction and training purposes, the sponsoring fire service
organization shall complete and submit to the department an ARD-1003 form,
“Live Fire Instruction and Training Activities”, as specified in Env-A 1003.06.
(b) The sponsoring fire service organization
shall:
(1)
Sign and date the form; and
(2)
Certify by the individual’s signature that the information on the form
is true and correct to the best of the individual’s knowledge and belief.
Source. #7850, eff 3-12-03; ss by #9863, INTERIM, eff
3-4-11, EXPIRES: 8-31-11; ss by #9909, eff 5-1-11; ss by #12831, eff 8-1-19
Env-A
1003.06 ARD-1003 Form, Live Fire
Instruction and Training Activities.
The sponsoring fire service organization shall provide the following
information on the ARD 1003 form:
(a) Regarding the sponsoring fire service
organization, the organization’s:
(1)
Name;
(2)
Mailing address; and
(3)
Daytime telephone number, including area code;
(b) Regarding the contact person for the fire service
organization, the contact’s:
(1)
Name;
(2)
Title; and
(3)
Daytime telephone number, including area code;
(c) The date(s) of the instruction and training
activities;
(d) The location of the instruction and training
activities;
(e) A detailed description of the instruction and
training activities;
(f) Regarding the state certified fire instructor
for the instruction and training activities, the instructor’s:
(1)
Name;
(2)
Daytime telephone number, including area code; and
(3) Type of instructor;
(g) If conducting instruction and training
activities in a structure:
(1) A
statement that an asbestos inspector has performed an asbestos inspection and provided
a report to the building owner certifying that all asbestos containing
materials have been removed;
(2) A
statement that an asbestos notification form as specified in Env-A 1803 has
been completed and submitted to the department at least 10 days prior to the
scheduled burn date; and
(3) A
statement that all of the following materials have been removed from the
structure and properly disposed of:
a.
Mercury-containing thermostats;
b.
Fluorescent lamps;
c.
Fuel oil tanks;
d.
Paints, solvents, and other liquids containing hazardous ingredients;
e.
Pesticides, insecticides, fertilizers, and potentially hazardous solids;
f.
Tires;
g.
Residential trash; and
h. Furniture
and appliances not specifically used in the training exercise; and
(h) A statement that the instruction and training
activities will be conducted in accordance with this part.
Source. #9909, eff 5-1-11 (from Env-A 1003.05); ss by #12831, eff 8-1-19
APPENDIX
Rule |
|
|
|
Env-A 1000 (see also specific rules listed
below) |
RSA 125-C:4, I(a) |
Env-A 1001.01, 1001.02, 1001.03(a)-(c)
& (e)-(k), 1001.04 |
RSA 125-C:4, I(a) |
Env-A 1001.03(d) |
RSA 149-M:4, IV-a |
Env-A 1001.05 |
RSA 125-C:6, RSA 125-C:10-c |
Env-A 1001.06 |
RSA 125-N:4 |
Env-A 1001.07 - Env-A 1001.08 |
RSA 125-C:4, I(a) |
Env-A 1001.09 |
RSA 125-C:10-c |
Env-A 1002.01 - Env-A
1002.04 |
RSA 125-C:4, I(a) |
Env-A 1003.01 - Env-A
1003.05 |
RSA 125-C:4, I(a) |
|
|
|
|
|
|
Appendix B:
Referenced Definitions
Env-A
105
Env-A
105.43 “Untreated wood” means any
timber, board or sawn dimensional lumber which has not been treated, coated or
preserved. This term does not include
any manufactured building material, such as plywood or waferboard.
Env-A
1802
Env-A
1802.14 “Asbestos inspector” means an individual who is capable of identifying
asbestos hazards in a commercial, private, or residential structure, and who
has completed, at a minimum, a training course for asbestos inspectors meeting
the requirements of 40 CFR 763, subpart E, appendix C, section I:B.3.
Fire 101
Fire
101.14 “Fire department” means the
legally constituted municipal or privately incorporated entity that provides
services such as, but not limited to, fire suppression, fire prevention,
rescue, hazardous materials, emergency medical care, fire investigation, and
fire or building inspections in the state, county, municipality, organized fire
district, or area.
RSA 21-P:12, II
(c) “State certified fire instructor” means a
person who has completed the requirements to hold such certification as
approved by the New Hampshire fire standards and training commission.
RSA 125-C:2
X.
“Person,” [means] any individual, partnership, firm or co-partnership, association,
company, trust, corporation, department, bureau, agency, private or municipal
corporation, or any political subdivision of the state, the United States or
political subdivisions or agencies thereof, or any other entity recognized by
law as subject to rights and duties.
RSA 125-N:2
IV.
“Combustible domestic waste” means combustible waste such as, but not limited
to, household trash, packaging materials, plastics, coated or laminated papers,
rubber, painted or treated wood, coated or treated cardboard, oily rags, and
animal, vegetable, and kitchen waste. The term does not include untreated wood,
leaves, brush, or paper products generated at a residence.
RSA
149-M:4
IV-a. “Construction and demolition debris” means non-putrescible waste
building materials and rubble which is solid waste resulting from the
construction, remodeling, repair or demolition of structures or roads. The term
includes, but is not limited to, bricks, concrete and other masonry materials,
wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos
insulation or roofing shingles, asphaltic pavement, glass, plastics that are
not sealed in a manner that conceals other wastes, and electrical wiring and
components, incidental to any of the above and containing no hazardous liquid
or metals. The term does not include asbestos waste, garbage, corrugated
container board, electrical fixtures containing hazardous liquids such as
fluorescent light ballasts or transformers, furniture, appliances, tires, drums
and containers, and fuel tanks.