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 OM 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

• Malfunction Reporting

• Emission Factors

• Source Type

• APEN filing deadline

 
6
Typical Permit - Control Measures

• 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.

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 OM Plan or Fugitive Dust Control
  Plan.

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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 OM Plan.
• Ensure that all equipment is permitted, if
  necessary.
• Provide any requested data or APENs by the date
  specified.

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Division Contacts

• Field Services - Receptionist
• [phone]
• Final Approval - Doug Ryder
• [phone]
• Small Business Assistance Program
• [phone] Christine Hoefler
• [phone] Joni Canterbury