Section 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; andb. 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.N.H. Code Admin. R. Env-A 1002.02
#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
Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12831, Effective 8/1/2019, Expires 8/1/2029.