Sand & Gravel and Asphalt Plant Permitting

1. Sand & Gravel and Asphalt Plant Permitting R K “Chip” Hancock III, P.E. Construction Permit Unit Supervisor Air Pollution Control Division

2. Reporting and Permitting (Regulation #3) • Required to Report – ie submit Air Pollutant Emission Notice (APEN): • Gravel Pits • Note: APEN for mining operations includes fugitive dust control plan • Asphalt Plants • Diesel Generators (some older units and non road may be exempt) • Crushers and Screens • Most Concrete Plants

3. Required to get a “construction permit” prior to construction and operation • Gravel Pits with  70,000 tons per year of production • Asphalt Plants • Diesel Generators • Crushers and Screens • Many Concrete Plants

4. Permits are issued as Initial Approval • Allows source to construct and begin operating • Needed for Final Approval: • Construction must begin within 18 months of: • Permit issuance, or • Start of construction date stated on application, • Construction must be completed in a reasonable time (due diligence) • The following must be completed, and submitted to the Division within 180 days of start up: • Opacity Measurements on asphalt plants, engines, and processing equipment • Self Certification of Compliance Form • Stack Testing of Asphalt Plant results to Division (protocol due at least 30 days before test)

5. Permit Timing • Division is allowed 90 days from the receipt of a complete application • Division is allowed 60 days to determine if the application is complete (concurrent with the 90 days if the application is complete when received) • If public comment is need there is an additional 45 days • Actual controlled emissions of any one criteria pollutant of 50 tons per year or more (25 for NOx or VOCs in the Non-Attainment Area) • Synthetic Minors – large number of asphalt plants are in this category • Division Discretion – based on anticipated public concern, location, amount and type of emissions, etc.

6. Impact Modeling • Used to demonstrate compliance with the National Ambient Air Quality Standards (NAAQS). • For Asphalt Plants – Required for Major sources and those few minor sources where the emissions exceed the PSD major source significance levels • For Gravel Pits - Usually only required if controlled PM10 emissions exceed 82 pounds per day or 15 tons per year (per the Division’s Modeling Guidance) – so usually only required for the larger pits

7. Preemption • There is no preemption in the state regulations. • County (or City) can promulgate any rules or regulations on air pollution. • The local agency would be responsible for enforcement of their rules. • The following are the only Cities or Counties I am aware of that have developed or considered developing their own rules: • El Paso County Fugitive Dust permitting • City of Lakewood Crematories • Boulder County Fugitive Dust

8. Portable Units • Asphalt Plants, Concrete Plants, Generators, and Processing equipment can be permitted as portable (must request on APEN) • Cannot stay in one location for more than 2 years – otherwise the unit is considered stationary • Must submit 10-day notice of relocation form prior to moving to a new site

9. Permit Modifications • The following would require modification of permit: • Prior to exceedence of any permit limit • Use of a fuel type not currently included on permit • Use of recycled asphalt (if not already included on permit) • Changing or addition of air pollution control equipment (this would include the addition of silo(s))

10. Permit Mods. Continued • The following would require the issuance of an entirely new permit: • Replacement of unit – this would include drum replacement (ie: changing the serial number of the unit) • Changing from portable to stationary or stationary to portable • Relocation of a stationary source

11. Used Oil • Can be used as a fuel type if included in permit. • Can not burn off-specification used oil. Off-specification oil is considered hazardous waste fuel and can therefore be burned only in a RCRA permitted incinerator.

12. Used Oil Specifications If the oil exceeds any of the following, it is considered off-specification: compound limit Arsenic 5 ppm Cadmium 2 ppm Chromium 10 ppm Lead 100 ppm total halogens: 1000 ppm In addition, the flash point shall be greater than or equal to 100 degrees F.

13. NSPS Subpart IIII • All new (or new to Colorado) diesel engines must meet the new Federal NSPS. • The only exemption is for non-road engines • If an engine is at any one location for more than 1 year it is not a non-road engine. • All engines subject to the NSPS need construction permits regardless of emission levels – the exemptions no longer apply.

14. Odors (Regulation #2) • First page of Regulation #2 – the rest only applies to hog farms.

15. Emission Calculations • Asphalt Plants • Use AP42 emission factors and equations and CO emission factors developed by the Division based on stack test data (PS memo 96-07) • Various emission factors and equations involved • Some of the factors have very low ratings – so on occasion the Division may adjust some of these factors • Asphalt Plant spreadsheet

16. Emission Calculations, Cont. • Gravel Pits • Use AP42 emission factors and equations • Many emission factors. They come from more than one AP42 chapter • Crushed Stone Processing • Coal Mining • Unpaved Haul Roads

17. Emission Calculations, Cont. • Diesel Generators • Manufacturer’s emission factors or NSPS IIII allowable emission factors • Normally use whichever is lower • Some engines can pass the NSPS levels, but actually have higher emission factors

18. Emission Calculations, Cont. • Concrete Plants • AP42 factors • Spreadsheet similar to Asphalt Plant, but simpler

19. Emission Calculations, Cont. • Crushers and Screens • AP42 – Crushed Stone Processing • Use screening factors and tertiary crushing factors • back calculate control efficiency using wet vs. dry factors • NSPS OOO pulls most into needing construction permits

20. Websites • APCD - Stationary Sources: http://www.cdphe.state.co.us/ap/stationary.html • Permitting/APEN forms: http://www.cdphe.state.co.us/ap/downloadforms.html • Regulations:  http://www.cdphe.state.co.us/regulations/airregs/index.html • Modeling Guidance: http://colorado.gov/airquality/permits.aspx

21. Permitting/Engineering Contacts • R K "Chip" Hancock III, P.E. (303)-692-3168 • Construction Permits Unit Supervisor • r.hancock@state.co.us • Stationary Sources Program (303)-692-3150

22. Enforcement Contacts • Bob Jorgenson (303)-(303)-692-3171 • Field Services Unit Supervisor • Paul Carr (303)-(303)-692-3250 • Supervisor • Shannon McMillan (303)-(303)-692-3259 • Supervisor