Enforcement of Hot Mix Asphalt Plant Regulations

1. Enforcement of Hot Mix Asphalt Plant Regulations Dana Podell and Marley Shoaf

2. Presentation Overview • Typical Inspection • What are we looking for during an inspection? • Fines and Penalties • Avoiding Enforcement

3. Typical Inspection • Compliance with permit conditions; • Compliance with O&M plan; • Inspection of equipment; and • General inspection of facility/site.

4. Typical Permit - General Information • Permit Number • Facility Information • Address • Equipment Type • Permitted Fuel Type • Control Equipment • Permit Conditions • AIRS ID

5. Typical Permit - Notes to Permit Holder • APEN filing deadline • Malfunction Reporting • Emission Factors • Source Type

6. Toward the end of each HMA permit. Used when the Division calculated your emissions. NOT optional. May include speed limit, watering requirements, no off- property transport. Typical Permit - Control Measures

7. Compliance with Permit Conditions • Is the equipment located at the correct address? • If the plant is portable, have relocation notices been filed? • Is the permitted equipment onsite? • Asphalt drum model and serial number • Control equipment • Burner • Silos and additional storage tanks • Generators • Is there any un-permitted equipment onsite? • Is the burner using the permitted fuel type?

8. Compliance with Permit Conditions • Visible emissions shall not exceed 20% opacity (30% allowed during startup, modification, and adjustment of control equipment).

9. Compliance with Permit Conditions • Prevention of Significant Deterioration (PSD) requirements and Operating Permit (OP) requirements shall apply when the potential to emit above the applicable PSD and OP threshold exists. • No off-specification oil shall be burned (or similar fuel requirement). • Permit number shall be marked on the equipment.

10. Compliance with Permit Conditions • Source shall be limited to maximum production rate. Compliance determined on a rolling twelve (12) month total. If daily limits apply, must demonstrate compliance. Compliance records kept onsite. • Emissions of air pollutants shall not exceed specified limitations. Compliance determined on a rolling twelve (12) month total. Compliance records kept onsite.

11. Recordkeeping Example

12. Compliance with Permit Conditions • Operating and Maintenance Plan • - Submitted to the Division before Final Approval of the Permit. • - Keep a copy at the plant. • - Operators should know what it says and be following it. • - Keep records of maintenance work or operational conditions as stated in the plan.

13. Compliance with Permit Conditions • Regulation No. 6, Part A, Subpart I: Standards of Performance for Hot Mix Asphalt Facilities. • - PM discharge shall be 0.04 gr/dscf or less. • - Opacity shall be 20% or less. • - Operation and maintenance consistent with good air pollution control practices. • - Written notification of construction and startup dates. • - Records of startup, shutdown, and malfunction shall be maintained. • - Opacity observations and performance tests (required for final approval).

14. Compliance with Permit Conditions • Particulate emission control measures shall be applied. • No off-property transport of visible emissions from processing activities, haul roads, and haul trucks. • Water stockpiles as necessary. • Paving or watering of all entryways, service roads, and batching areas. • Posted speed limit signs. • Air Pollutant Emission Notice (APEN) • At least every 5 years. • Change in owner, process, activity, and new or replaced control equipment. • Modification of permit limits. • Significant increase in emissions.

15. Compliance with Permit Conditions FINAL APPROVAL • Must demonstrate compliance with all permit conditions to the Division within 180 days after starting operation. • Includes submittal of: • Operating & Maintenance Plan. • Manufacturer, model, serial number of equipment. • Performance/Compliance tests and opacity readings required under Subpart I. • Notice of Start-up. • Self-Certification form.

16. The Enforcement Process Two Tracks: Formal and Informal • Formal: the Division issues a Notice of Violation (NOV) • Lists alleged violations • Parties meet to discuss • Division calculates penalties & issues a compliance order • Informal: the Division issues a Compliance Advisory (CA) • Less formal document • Parties meet to discuss • Division calculates penalties & issues a settlement offer • Significant penalty reductions for a negotiated settlement

17. Fines and Penalties • Can be assessed for any violation of Federal and State regulations and permit conditions. • Can be assessed for operating equipment without a permit. • Most common violations for HMA plants include: • Opacity exceedance. • Recordkeeping (no emissions calculations, incomplete records). • Not following O&M Plan or Fugitive Dust Control Plan.

18. Avoiding Enforcement • Familiarize plant operators with permit conditions and State/Federal regulations. • Familiarize plant operators with opacity requirements. • Conduct routine self-audits of plants. • Follow O&M Plan. • Ensure that all equipment is permitted, if necessary. • Provide any requested data or APENs by the date specified.

19. Division Contacts • Field Services - Receptionist (303) 692-3150 • Final Approval - Doug Ryder (303) 692-3189 • Small Business Assistance Program (303) 692-3148 Christine Hoefler (303) 692-3175 Joni Canterbury