MEMORANDUM
DATE:
December
9,
2005
SUBJECT:
Status
of
State
Regulations
Governing
Hot
Mix
Asphalt
Plants
FROM:
Bonnie
Robinson
TO:
File
I
reviewed
the
state
regulations
governing
the
operations
of
hot
mix
asphalt
plants
in
the
Tri­
State
Mining
District
states
of
Kansas,
Missouri,
and
Oklahoma.
The
initial
purpose
of
the
study
was
to
determine
if
the
storage
of
chat
(
and
potential
run­
on/
runoff
and
dust
impacts)
at
such
facilities
are
covered
by
those
regulations.
The
Agency
has
concluded
that
the
existing
state
regulation
of
those
facilities
is
adequate.
The
regulations
are
summarized
below.

Kansas
Air
Quality
Under
the
Kansas
Air
Quality
Act,
the
Kansas
Dept.
of
Health
and
Environment
(
KDHE)
requires
construction
permits
or
approvals,
and
operating
permits
for
hot
mix
asphalt
plants
under
certain
conditions.

°
Construction
Permits
This
program
is
intended
to
assure
compliance
with
the
National
Ambient
Air
Quality
Standards
(
NAAQS)
and
Title
III
of
the
Clean
Air
Act
Amendments
of
1990.
An
air
construction
permit
or
approval
is
required
before
beginning
to
construct,
set
up,
or
modify
a
hot­
mix
asphalt
plant.
A
permit
is
required
before
construction
may
commence
on
proposed
new
or
modified
sources
of
air
emissions,
if
potential
emissions
exceed
certain
levels
(
includes
25
TPY
of
particulates,
or
15
TPY
of
PM10;
or
40
TPY
of
sulfur
dioxide,
VOCs,
or
nitrogen
oxides).
If
a
construction
permit
is
not
required,
an
operator
still
needs
to
obtain
construction
approval
from
KDHE
before
beginning
new
construction
or
modifications,
if
potential
emissions
equal
or
exceed
certain
levels
(
includes
5
lbs.
per
hour
of
particulates,
2
lbs.
per
hour
of
PM10,
2
lbs.
per
hour
of
sulfur
dioxide,
or
50
lbs.
per
24­
hour
period
of
VOCs
and
nitrogen
oxides).

KDHE
is
currently
updating
its
regulations,
including
changes
to
the
construction
permit
and
approval
thresholds.
The
proposed
construction
or
modification
is
reviewed
to
assure
that
potential
emissions
will
comply
with
requirements
of
the
State
Implementation
Plan
(
SIP)
and
requirements
regarding
emissions
of
hazardous
air
pollutants.
The
SIP
for
compliance
with
NAAQS
has
been
approved
by
the
U.
S.
EPA.
Kansas
uses
the
construction
permit
program
to
implement
several
other
state­
delegated
federal
programs
applicable
to
new
or
modified
sources,
including
the
New
Source
Performance
Standards
(
NSPS),
and
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAPS).

°
Operating
Permits
2
All
hot­
mix
asphalt
plants
must
have
an
air
quality
operating
permit
from
KDHE
(
or
from
the
Wyandotte
County
Health
Department
if
located
in
that
county).
There
are
3
classes
of
operating
permits
based
on
potential
emissions.
Most
asphalt
plants
qualify
for
a
Class
II
operating
permit­
by­
rule
by
meeting
the
following
conditions:

<
facility
has
no
other
emission
sources
that,
combined
with
the
hot
mix
asphalt
operation,
would
require
a
Class
I
permit
because
of
their
potential
to
emit.

<
production
of
hot
asphalt
is
limited
to
250,000
tons
during
any
consecutive
12­
month
period.

<
facility
uses
pollution
control
equipment
to
limit
particulate
emissions
to
0.04
grains
per
dry
standard
cubic
foot
of
exhaust
gas.

<
facility
keeps
monthly
records
on
asphalt
production
for
at
least
2
years.

<
facility
submits
annual
reports
of
asphalt
production.

°
Portable
Equipment
Relocation
Requests
KDHE
requires
notification
before
moving
any
portable,
permitted
equipment
to
another
location
within
the
state.

Water
Quality
°
Storm
Water
Hot
mix
asphalt
plants
have
industrial
activity
subject
to
KDHE's
storm
water
program.
KDHE
currently
considers
a
facility
to
be
in
compliance
if
it
has
filed
a
Notice
of
Intent
(
NOI)
with
KDHE.
KDHE
has
not
finalized
the
Kansas
General
Permit
for
Stormwater
Discharges
Associated
from
Industrial
Activity.
The
main
requirement
will
be
for
the
operator
to
develop
and
implement
a
Stormwater
Pollution
Prevention
plan.

°
Wastewater
Hot
mix
asphalt
plants
may
be
subject
to
National
Pollutant
Discharge
Elimination
System
(
NPDES)
requirements
if
a
facility
discharges
industrial
or
domestic
wastewater
on
the
ground
surface.
If
a
facility
uses
a
wastewater
lagoon,
it
may
need
a
Kansas
Water
Pollution
Control
Permit,
even
if
there
is
no
discharge.

Hazardous
Waste
°
Hot
mix
asphalt
plants
must
comply
with
hazardous
waste
regulations
administered
by
KDHE.
The
type
and
number
of
requirements
that
must
be
complied
with
depend
on
the
quantity
and
type
of
hazardous
waste
generated.

Kansas
Small
Business
Environmental
Assistance
Program
(
SBEAP)
°
This
program
is
funded
through
the
KDHE
to
help
Kansas
small
businesses
comply
with
environmental
regulations
and
identify
pollution
prevention
opportunities.
SBEAP
published
a
Fact
Sheet
on
Asphalt
Plants
which
provides
guidance
on
air
quality
and
other
requirements.
SBEAP
also
operates
a
toll­
free
technical
hotline
and
conducts
visits
to
facilities
to
review
compliance
needs
and
identify
pollution
prevention
opportunities.
3
Missouri
MoDNR
published
a
guidance
document
for
preventing
pollution
at
hot
mix
asphalt
plants
(
MoDNR,
2004).
This
document
provides
basic
information
about
regulatory
requirements.

Air
Quality
°
Air
quality
construction
permits
must
be
obtained
from
the
MoDNR's
Air
Pollution
Control
Program
(
APCP)
before
setting
up,
constructing,
or
modifying
a
hot
mix
asphalt
plan,
if
there
are
potential
emissions
of
any
pollutant
exceeding
the
NAAQS
deminimis
rate.
°
Operating
permits
are
required
for
asphalt
plants
that
do
not
have
a
portable
source
construction
permit,
if
the
potential
emissions
of
any
pollutant
exceed
the
deminimis
emission
rate.
There
are
3
levels
of
permitting
based
on
potential
emissions.
°
Asphalt
plants
subject
to
NSPS
must
conduct
initial
performance
testing
and
limit
particulate
emissions.
°
Asphalt
plants
required
to
have
construction
or
operating
permits
must
submit
Emission
Inventory
Questionnaires
and
pay
emission
fees
annually
to
the
APCP.
°
APCP
approval
is
required
before
moving
permitted
portable
equipment
to
a
new
site.
°
APCP
is
currently
developing
New
Source
Review
permit
application
packages,
called
Ambient
Air
Quality/
Construction
Permit
Applications
(
AAQ/
CPA),
for
hot
mix
asphalt
plants.
AAQ/
CPAs
have
been
developed
for
concrete
batch
and
processing
plants.
°
In
2000
APCP
issued
recommendations
for
permitting
portable
asphalt
plants
for
temporary
highway
projects.
The
normal
New
Source
Review
(
NSR)
permitting
process
for
asphalt
plants
requires
an
ambient
impact
analysis
from
the
installation's
operation
at
the
nearest
property
boundary.
APCP
recommended
that
the
distance
from
the
closest
residence,
rather
than
the
nearest
property
boundary,
be
used
for
the
ambient
impact
analysis
when
evaluating
temporary
highway
projects
where
the
asphalt
plant
is
located
on
or
adjacent
to
the
project
site.
These
asphalt
plants
would
still
be
required
to
be
in
compliance
with
the
NAAQS
and
to
use
best
management
practices
(
e.
g.,
dust
suppression)
(
MoDNR,
2000).

Water
Quality
°
Hot
mix
asphalt
plants
must
have
a
discharge
permit
for
storm
water,
process
wastewater,
and
domestic
wastewater
discharges.

Hazardous
Waste
°
Hot
mix
asphalt
plants
must
comply
with
hazardous
waste
regulations
administered
by
MoDNR.
The
type
and
number
of
requirements
that
must
be
complied
with
depend
on
the
quantity
and
type
of
hazardous
waste
generated.

Using
Waste
in
Asphalt
°
In
Missouri,
clean
fill
can
be
used
in
asphalt
or
as
fill
material.
Clean
fill
includes
uncontaminated
soil,
rock,
sand,
gravel,
concrete,
asphaltic
concrete,
cinderblocks
and
brick.
An
operator
who
wants
to
use
contaminated
materials
such
as
mine
tailings
should
4
contact
MoDNR
to
discuss
whether
the
material
is
appropriate
to
use
in
asphalt
and
whether
the
facility
can
legally
accept
the
material
for
use
in
asphalt.

Oklahoma
Air
Quality
°
In
2002
OkDEQ's
Air
Quality
Division
(
AQD)
issued
a
general
permit
to
construct
and/
or
operate
hot
mix
asphalt
minor
facilities
(
i.
e.,
with
emissions
less
than
major
source
thresholds).
Facilities
with
major
sources
need
to
obtain
individual
permits.
°
The
general
permit
allows
asphalt
plant
minor
facilities
to
obtain
a
construction
permit
and
operating
permit
for
new
facilities
or
for
modifications
to
existing
facilities.
°
Most
facility
changes
are
pre­
approved
so
that
modification
of
the
authorization
is
not
needed
to
add
or
remove
equipment.
°
The
general
permit
allows
the
use
of
a
facility­
wide
emissions
cap,
not
to
equal
or
exceed
100
TPY
of
any
regulated
pollutant,
nor
to
equal
or
exceed
10
TPY
of
any
single
HAP
or
25
TPY
of
all
HAPs
(
major
source
thresholds).
°
The
permit
requires
facilities
to
comply
with
all
applicable
air
pollution
rules,
federal
NSPS
and
NESHAP
requirements,
and
to
not
exceed
ambient
air
quality
standards.
°
Pollution
prevention
(
P2)
is
integrated
into
this
permit
using
the
following
approach:

<
permit
flexibility
<
P2
permit
conditions
(
e.
g.,
annual
emissions
inventory)

<
inclusion
of
P2
information
in
the
application
<
accelerated
permit
reviews
for
facility
changes
involving
P2
projects
<
extended
compliance
time
for
applications
that
include
P2
measures
<
alternative
or
reduced
monitoring
for
P2
measures
that
reduce
emissions
Water
Quality
°
Hot
mix
asphalt
plants
must
have
a
discharge
permit
for
storm
water,
process
wastewater,
and
domestic
wastewater
discharges.
°
OkDEQ's
Water
Quality
Division
issued
a
multi­
sector
general
permit
for
stormwater
discharges
associated
with
industrial
activities
for
the
State
of
Oklahoma.
Hot
mix
asphalt
plants
are
covered
under
Sector
D
of
this
permit
(
OkDEQ,
2000).

References
Kansas
Kansas
Small
Business
Environmental
Assistance
Program
(
SBEAP),
2005.
Asphalt
Plants
Fact
Sheet,
March
2005.
http://
www.
sbeap.
org/
ppi/
publications/
Asphalt_
plant_
factsheet.
pdf
Kansas
Dept.
of
Health
and
Environment
(
KDHE),
2004.
Class
II
Permit­
By­
Rule
Application
Form
for
Hot­
Mix
Asphalt
Facilities,
Revision
4,
October
18,
2004.
http://
www.
kdheks.
gov/
air­
permit/
forms/
Class_
II_
PBR_
Hot­
Mix_
Asphalt.
pdf
5
Kansas
Dept.
of
Health
and
Environment
(
KDHE),
2004.
Kansas
Air
Quality
Program
Overview,
Revision
5,
June
9,
2004.
http://
www.
kdheks.
gov/
air­
permit/
forms/
Overview.
pdf
Kansas
Dept.
of
Health
and
Environment
(
KDHE).
Kansas
Air
Quality
Regulations:
K.
A.
R.
28­
19­
563
Class
II
Operating
Permits;
Permit
By
Rule;
Hot
Mix
Asphalt
Facilities.
http://
www.
kdheks.
gov/
bar/
regs/
AIRREGS2004a2_
eml.
pdf
Kansas
Dept.
of
Health
and
Environment
(
KDHE).
Construction
Permits
and
Approvals
Informational
Sheet.
http://
www.
kdheks.
gov/
air­
permit/
forms/
Informational_
Sheet.
pdf
KDHE
Web
Sites:
Air
Permitting
and
Compliance
Section
http://
www.
kdheks.
gov/
air­
permit/
index.
html
Stormwater
Program
http://
www.
kdheks.
gov/
stormwater/
index.
html
Wastewater
Program
http://
www.
kdheks.
gov/
indust/

Hazardous
Waste
Program
http://
www.
kdheks.
gov/
waste/
bwm_
haz_
waste.
html
Kansas
Small
Business
Environmental
Assistance
Program
(
SBEAP)
http://
www.
sbeap.
org/

Missouri
MoDNR,
2004.
Preventing
Pollution
at
Hot
Mix
Asphalt
Plants:
A
Guide
to
Environmental
Compliance
and
Pollution
Prevention
for
Asphalt
Plants
in
Missouri.
http://
www.
dnr.
mo.
gov/
pubs/
pub545.
pdf
MoDNR,
2001.
Missouri
State
Operating
Permit,
October
5,
2001.
http://
www.
dnr.
mo.
gov/
env/
wpp/
permits/
issued/
G490000.
pdf
MoDNR,
2000.
Memo
from
Roger
Randolph,
APCP
Director,
to
the
APCP
Procedures
Manual,
re
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Asphalt/
Concrete
Plants
for
Temporary
Highway
Projects,
April
10,
2000.

Missouri,
1999.
Missouri
Code
of
State
Regulations,
Rules
of
Department
of
Natural
Resources,
Division
10
­
Air
Conservation
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Chapter
6:
Air
Quality
Standards,
Definitions,
Sampling
and
Reference
Methods
and
Air
Pollution
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the
Entire
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of
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10
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10­
6),
October
31,
1999.
http://
www.
sos.
mo.
gov/
adrules/
csr/
current/
10csr/
10c10­
6a.
pdf
6
MoDNR
Web
Sites:
Air
Issues
http://
www.
dnr.
mo.
gov/
air.
htm
Air
Pollution
Control
Program
http://
www.
dnr.
mo.
gov/
env/
apcp/
index.
html
New
Source
Review
Electronic
Permit
Application
Packages
http://
www.
dnr.
mo.
gov/
env/
apcp/
NSRpermits.
htm
Water
Information
http://
www.
dnr.
mo.
gov/
water.
htm
Oklahoma
OkDEQ,
2003a.
Limits
on
Potential
to
Emit
 
Focus:
Hot
Mix
Asphalt
Plants,
in
Air
Quality
Update,
May
2003,
Vol.
6
No.
2,
p.
2.
http://
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deq.
state.
ok.
us/
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2003%
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pdf
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2003b.
NSPS
Applicability
Worksheet
 
Hot
Mix
Asphalt
Plant
Example,
May
9,
2003.
http://
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deq.
state.
ok.
us/
AQDnew/
resources/
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100­
600Example.
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2003c.
Hot
Mix
Asphalt
Plant
Applications
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March
7,
2003.

OkDEQ,
2002a.
Application
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Asphalt
Plant
Minor
Facility
Air
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Dec.
12,
2002.
http://
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deq.
state.
ok.
us/
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pdf
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2002b.
Air
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General
Permit
to
Construct/
Operate
Hot
Mix
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Dec.
12,
2002.
http://
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deq.
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ok.
us/
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asphalt%
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final%
20issuance.
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2002c.
Air
Quality
Division
Memo
Re
General
Permit
to
Construct/
Operate
Minor
Source
Hot
Mix
Asphalt
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Dec.
12,
2002.
http://
www.
deq.
state.
ok.
us/
AQDnew/
permitting/
general/
asphalt%
20memo­
final%
20issuance.
pdf
OkDEQ,
2000.
General
Permit
GP­
00­
01
for
Stormwater
Discharges
from
Industrial
Facilities
Under
the
Multi­
Sector
Industrial
General
Permit
within
the
State
of
Oklahoma,
Oct.
2,
2000.
http://
www.
deq.
state.
ok.
us/
WQDnew/
stormwater/
gp­
00­
01.
pdf
7
OkDEQ
Fact
Sheets:

Air
Quality
Permits,
November
4,
2003
http://
www.
deq.
state.
ok.
us/
factsheets/
air/
airpermits1.
pdf
Air
Quality
Minor
Permit
Modifications,
June
11,
1999.
http://
www.
deq.
state.
ok.
us/
factsheets/
air/
minormodif.
pdf
The
Title
V
Program,
Feb.
6,
1997.
http://
www.
deq.
state.
ok.
us/
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air/
TVFCTST.
pdf
The
Title
V
Program
FAQs,
Aug.
31,
2005.
http://
www.
deq.
state.
ok.
us/
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air/
titleVfaq.
pdf
Fugitive
Dust
and
Its
Effects
on
Our
Environment,
Oct.
2002.
http://
www.
deq.
state.
ok.
us/
factsheets/
air/
fugidust.
pdf
OkDEQ
Web
Sites:
Air
Quality
Division
http://
www.
deq.
state.
ok.
us/
AQDnew/
index.
htm
Air
Quality
Permitting
http://
www.
deq.
state.
ok.
us/
AQDnew/
permitting/
index.
htm
Air
Quality
General
Permits
http://
www.
deq.
state.
ok.
us/
AQDnew/
permitting/
genperm.
htm
Water
Quality
Division
http://
www.
deq.
state.
ok.
us/
WQDnew/
index.
htm
Land
Protection
Division
 
Hazardous
Waste
Program
http://
www.
deq.
state.
ok.
us/
lpdnew/
hwindex.
html
List
of
Attachments
K­
1.
Kansas
Air
Quality
Program
Overview
K­
2.
Kansas
SBEAP
Asphalt
Plants
Fact
Sheet
K­
3.
Kansas
Air
Quality
Regulations:
K.
A.
R.
28­
19­
563
Class
II
Operating
Permits;
Permit
By
Rule;
Hot
Mix
Asphalt
Facilities
K­
4.
KDHE
Class
II
Permit­
By­
Rule
Application
Form
for
Hot­
Mix
Asphalt
Facilities
K­
5.
KDHE
Construction
Permits
and
Approvals
Informational
Sheet
8
M­
1.
MoDNR:
Preventing
Pollution
at
Hot
Mix
Asphalt
Plants:
A
Guide
to
Environmental
Compliance
and
Pollution
Prevention
for
Asphalt
Plants
in
Missouri
M­
2.
MoDNR
Missouri
State
Operating
Permit
M­
3.
MoDNR
Memo
from
Roger
Randolph,
APCP
Director,
to
the
APCP
Procedures
Manual,
re
Permitting
Asphalt/
Concrete
Plants
for
Temporary
Highway
Projects
M­
4.
Missouri
Code
of
State
Regulations
10
CSR
10­
6
O­
1.
OkDEQ
Application
Instructions:
Asphalt
Plant
Minor
Facility
Air
Quality
General
Permit
O­
2.
OkDEQ
Air
Quality
Division
Memo
Re
General
Permit
to
Construct/
Operate
Minor
Source
Hot
Mix
Asphalt
Facilities,
Dec.
12,
2002
O­
3.
OkDEQ
Air
Quality
Division
General
Permit
to
Construct/
Operate
Minor
Source
Hot
Mix
Asphalt
Facilities,
Dec.
12,
2002
O­
4.
OkDEQ
Limits
on
Potential
to
Emit
 
Focus:
Hot
Mix
Asphalt
Plants,
in
Air
Quality
Update
O­
5.
OkDEQ
General
Permit
GP­
00­
01
for
Stormwater
Discharges
from
Industrial
Facilities
Under
the
Multi­
Sector
Industrial
General
Permit
within
the
State
of
Oklahoma
O­
6.
OkDEQ
NSPS
Applicability
Worksheet
 
Hot
Mix
Asphalt
Plant
Example
O­
7.
Hot
Mix
Asphalt
Plant
Applications
Guidance
O­
8.
OkDEQ
Fact
Sheet:
Air
Quality
Permits
O­
9.
OkDEQ
Fact
Sheet:
Air
Quality
Minor
Permit
Modifications
O­
10.
OkDEQ
Fact
Sheet:
The
Title
V
Program
O­
11.
OkDEQ
Fact
Sheet:
The
Title
V
Program
FAQs
O­
12.
OkDEQ
Fact
Sheet:
Fugitive
Dust
and
Its
Effects
on
Our
Environment
