MEMORANDUM
DATE:
February
7,
2006
SUBJECT:
Status
of
State
Regulations
Governing
Cement
and
Concrete
Plants
FROM:
Bonnie
Robinson
TO:
File
I
reviewed
the
state
regulations
governing
the
operations
of
cement
and
concrete
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)
Bureau
of
Air
and
Radiation
requires
construction
permits
and
Class
II
operating
permits
for
ready
mixed
concrete
plants
(
permanent
and
portable)
and
cement
facilities
(
clinker
separation).
KDHE
provides
online
construction
and
Class
II
operating
permit
process/
equipment
description
forms
for
ready
mixed
concrete
plants
and
cement
facilities
(
KDHE,
1999,
1998).
KDHE
also
provides
online
emissions
inventory
forms
for
Class
II
facilities
including
ready
mixed
concrete
plants
(
KDHE,
2004b).

°
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
2
applicable
to
new
or
modified
sources,
including
the
New
Source
Performance
Standards
(
NSPS),
and
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAPS).

Water
Quality
°
KDHE
issued
a
Kansas
Water
Pollution
Control
General
Permit
and
Authorization
to
Discharge
under
NPDES
for
ready
mix
concrete
plants,
concrete
products
plants
and
their
associated
facilities.
°
Cement
manufacturing
facilities
are
subject
to
NPDES
storm
water
effluent
limitations
guideline,
new
source
performance
standards,
or
toxic
pollutant
effluent
standards
under
40
CFR
subchapter
N
411.
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.

Missouri
Air
Quality
°
MoDNR's
Air
Pollution
Control
Program
(
APCP)
developed
New
Source
Review
permit
application
packages,
called
Ambient
Air
Quality/
Construction
Permit
Applications
(
AAQ/
CPA),
for
concrete
batch
and
processing
plants.
°
In
2000
APCP
issued
recommendations
for
permitting
concrete
plants
for
temporary
highway
projects.
The
normal
New
Source
Review
(
NSR)
permitting
process
for
concrete
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
concrete
plant
is
located
on
or
adjacent
to
the
project
site.
These
concrete
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
°
Stormwater
runoff
is
regulated
through
stormwater
discharge
permits.

Oklahoma
Air
Quality
°
In
1996
the
State
of
Oklahoma
was
authorized
to
administer
the
CAA
Title
V
program.
OkDEQ's
Air
Quality
Division
(
AQD)
requires
Title
V
sources
to
obtain
a
Part
70
operating
permit.
All
emissions
sources
at
a
facility
must
be
included
in
a
Part
70
permit.
°
A
Part
70
permit
is
required
of
those
facilities
with
the
Potential
to
Emit
(
PTE)
100
TPY
or
more
of
any
criteria
pollutant,
or
10
TPY
or
more
of
any
one
Hazardous
Air
Pollutant
(
HAP),
or
25
TPY
or
more
of
any
combination
of
HAPs.
°
Sources
subject
to
a
New
Source
Performance
Standard
(
NSPS)
or
a
National
Emissions
3
Standard
for
a
HAP
(
NESHAP)
may
be
specifically
required
to
obtain
a
Part
70
permit.
Part
60
NSPS
Subpart
F
is
applicable
to
Standard
of
Performance
for
Portland
Cement
Plants
(
SIC
3241)
(
OkDEQ,
1997).

Water
Quality
°
In
2000,
OkDEQ's
Water
Quality
Division
issued
a
Multi­
Sector
General
Permit
for
Industrial
Activities
(
MSGP)
for
the
State
of
Oklahoma
(
General
Permit
No.
GP­
00­
01
Authorization
to
Discharge
under
the
Oklahoma
Pollutant
Discharge
Elimination
System,
OPDES).
Facilities
engaged
in
manufacturing
hydraulic
cement
or
concrete
products
(
SIC
3241,
3271)
were
covered
under
Sector
E
of
this
permit
(
OkDEQ,
2000).
°
In
2003,
OkDEQ's
Water
Quality
Division
issued
a
general
process
wastewater
disposal
permit
for
concrete
batch
and
pre­
cast
concrete
product
plants
to
discharge
under
OPDES;
to
construct
or
operate
industrial
process
wastewater
impoundments;
and/
or
to
land
apply
industrial
process
wastewater
for
purposes
of
dust
suppression
and
to
manage
non­
contact
stormwater
(
General
Permit
No.
OKG11)
(
OkDEQ,
2003a,
2003b).
OkDEQ
included
stormwater
management
in
the
new
permit
in
order
to
simplify
the
permitting
process
by
eliminating
the
requirement
for
obtaining
a
separate
stormwater
permit.
Central
mix
and
transit
mix
concrete
batch
plants
are
covered.
This
permit
does
not
cover
facilities
discharging
greater
than
one
million
gallons
per
day.
°
Mobile
Concrete
Batch
Plants
(
OkDEQ,
2003d­
e)

<
OkDEQ's
Water
Quality
Division
issued
a
general
wastewater
disposal
permit
for
mobile
concrete
batch
plants
to
operate
at
temporary
job
sites
and
to
construct
temporary
total
retention
(
non­
discharging)
industrial
wastewater
surface
impoundments;
and/
or
to
land
apply
industrial
wastewater
for
purposes
of
dust
suppression
only
(
General
Permit
No.
OKG11MT).

<
Discharge
of
wastewater
is
not
allowed
under
this
permit.

<
There
shall
be
no
runoff
of
wastewater
from
land
application
sites.
There
shall
be
no
land
application
of
wastewater
during
periods
of
precipitation
or
when
soil
is
saturated
or
frozen.

<
The
owner/
operator
of
a
mobile
batch
plant
permit
that
wishes
to
discharge
wastewater
at
a
temporary
job
site
must
obtain
an
individual
discharge
permit
or
another
type
of
general
permit
if
applicable
for
that
site.
The
permittee
shall
submit
the
appropriate
OPDES
application
forms
together
with
reasons
supporting
the
request
to
the
Water
Quality
Division.

References
Kansas
Kansas
Dept.
of
Health
and
Environment
(
KDHE),
2004a.
Kansas
Air
Quality
Program
Overview,
Revision
5,
June
9,
2004.
http://
www.
kdheks.
gov/
air­
permit/
forms/
Overview.
pdf
KDHE,
2004b.
Emissions
Inventory
Forms
for
Class
II
Facilities:
Ready
Mix
Concrete
Batching
4
Plant.
http://
www.
kdheks.
gov/
emission/
download/
pdf_
forms/
readymix.
pdf
KDHE,
2004c.
Kansas
Water
Pollution
Control
General
Permit
for
Ready
Mix
Concrete
Plants
and
their
Associated
Facilities.
Presentation
at
KAPA­
KRMCA's
37th
Annual
Joint
Conference,
January
16,
2004.

KDHE,
2003a.
Instructions
for
Notice
of
Intent
(
NOI)
for
Ready
Mix
Concrete
Plants,
Concrete
Products
Plants
and
their
Associated
Facilities.
Aug
6,
2003.

KDHE,
2003b.
Notice
of
Intent
(
NOI)
for
Ready
Mix
Concrete
Plants,
Concrete
Products
Plants
and
their
Associated
Facilities.

KDHE,
2002.
Kansas
Water
Pollution
Control
General
Permit
&
Authorization
to
Discharge
for
Ready
Mix
Concrete
Plants,
Concrete
Products
Plants
and
their
Associated
Facilities
(
G­
CONC­
2002­
1).

KDHE,
1999.
Construction
and
Class
II
Operating
Permit
Process/
Equipment
Description
Forms
for
Ready
Mixed
Concrete
Plants.
Form
15­
2.0,
April
12,
1999.
http://
www.
kansas.
gov/
uaa/
air_
permit/
forms/
15­
2_
Ready_
Mixed_
Concrete_
Plant.
pdf
KDHE,
1998.
Construction
and
Class
II
Operating
Permit
Process/
Equipment
Description
Forms
for
Cement
Facilities
(
Clinker
Separation).
Form
15­
3.0,
Sept.
8,
1998.
http://
www.
kansas.
gov/
uaa/
air_
permit/
forms/
15­
3_
Cement_
Clinker_
Separation.
pdf
KDHE.
Construction
Permits
and
Approvals
Informational
Sheet.
http://
www.
kdheks.
gov/
air­
permit/
forms/
Informational_
Sheet.
pdf
KDHE.
Ready
Mix
Concrete
Plants
General
Permit
Wastewater
Monitoring
Report
Form.

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)
5
http://
www.
sbeap.
org/

Missouri
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
Permitting
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
Commission,
Chapter
6:
Air
Quality
Standards,
Definitions,
Sampling
and
Reference
Methods
and
Air
Pollution
Control
Regulations
for
the
Entire
State
of
Missouri.(
10
CSR
10­
6),
October
31,
1999.
http://
www.
sos.
mo.
gov/
adrules/
csr/
current/
10csr/
10c10­
6a.
pdf
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.
General
Wastewater
Disposal
Permit
for
Concrete
Batch
and
Pre­
cast
Concrete
Product
Plants
­
General
Permit
No.
OKG11
Fact
Sheet.

OkDEQ,
2003b.
General
Wastewater
Disposal
Permit
for
Concrete
Batch
and
Pre­
cast
Concrete
Product
Plants
­
General
Permit
No.
OKG11.

OkDEQ,
2003c.
Concrete
Batch
Plants
Application
for
Authorization
under
General
Permit
No.
OKG11,
Form
605­
G11.

OkDEQ,
2003d.
Mobile
Concrete
Batch
Plants
Fact
Sheet
for
General
Permit
No.
OKG11MT.

OkDEQ,
2003e.
Mobile
Concrete
Batch
Plants
General
Permit
No.
OKG11MT.
6
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
OkDEQ,
1997.
Title
V
Program
Fact
Sheet,
February
6,
1997.
http://
www.
deq.
state.
ok.
us/
factsheets/
air/
TVFCTST.
pdf
Additional
OkDEQ
Fact
Sheets:
OkDEQ,
2005.
The
Title
V
Program
FAQs
Fact
Sheet,
Aug.
31,
2005.
http://
www.
deq.
state.
ok.
us/
factsheets/
air/
titleVfaq.
pdf
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
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
Air
Quality
Regulations
K­
3.
KDHE
Construction
Permits
and
Approvals
Informational
Sheet
K­
4.
KDHE
Construction
&
Class
II
Operating
Permit
Process/
Equipment
Description
Form
15­
1:
Ready
Mixed
Concrete
Plant
­
Bulk
Storage
Silo
7
K­
5.
KDHE
Construction
&
Class
II
Operating
Permit
Process/
Equipment
Description
Form
15­
2:
Ready
Mixed
Concrete
Plant
K­
6.
KDHE
Construction
&
Class
II
Operating
Permit
Process/
Equipment
Description
Form
15­
3:
Cement
Facility
(
Clinker
Separation)
K­
7.
KDHE
2004
Air
Emissions
Inventory
&
Fee
Forms
Guidance
K­
8.
KDHE
2004
Emissions
Inventory
Form
for
Ready
Mix
Concrete
Batching
Plants
K­
9.
KDHE
Ready
Mix
Concrete
Plants
General
Permit
Wastewater
Monitoring
Report
Form
K­
10.
KDHE
Kansas
Source
Water
Assessment
K­
11.
Kansas
Water
Pollution
Control
General
Permit
&
Authorization
to
Discharge
under
NPDES
for
Ready­
Mix
Concrete
Products
Plants
&
Their
Associated
Facilities
K­
12.
Kansas
Water
Pollution
Control
Notice
of
Intent
under
NPDES
for
Ready­
Mix
Concrete
Plants,
Concrete
Products
Plants
&
Their
Associated
Facilities
K­
13.
Kansas
Water
Pollution
Control
Instructions
for
Notice
of
Intent
under
NPDES
for
Ready­
Mix
Concrete
Plants,
Concrete
Products
Plants
&
Their
Associated
Facilities
K­
14.
Presentation
on
Kansas
Water
Pollution
Control
General
Permit
for
Ready­
Mix
Concrete
Plants
&
Their
Associated
Facilities
M­
1.
MoDNR
Missouri
State
Operating
Permit
M­
2.
MoDNR
Memo
from
Roger
Randolph,
APCP
Director,
to
the
APCP
Procedures
Manual,
re
Permitting
Asphalt/
Concrete
Plants
for
Temporary
Highway
Projects
M­
3.
Missouri
Code
of
State
Regulations
10
CSR
10­
6
M­
4.
MoDNR
Concrete
Workbook
Read
Me
File
for
Ambient
Air
Quality/
Construction
Permit
Application
for
Concrete
Batch/
Mix
Plants
O­
1.
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
2.
General
Wastewater
Disposal
Permit
for
Concrete
Batch
and
Pre­
cast
Concrete
Product
Plants
­
General
Permit
No.
OKG11
Fact
Sheet
O­
3.
General
Wastewater
Disposal
Permit
for
Concrete
Batch
and
Pre­
cast
Concrete
Product
Plants
­
General
Permit
No.
OKG11
O­
4.
Concrete
Batch
Plants
Application
for
Authorization
under
General
Permit
No.
OKG11,
Form
605­
G11
O­
5.
Mobile
Concrete
Batch
Plants
Fact
Sheet
for
General
Permit
No.
OKG11MT
O­
6.
Mobile
Concrete
Batch
Plants
General
Permit
No.
OKG11MT
O­
7.
OkDEQ
Fact
Sheet:
The
Title
V
Program
O­
8.
OkDEQ
Fact
Sheet:
The
Title
V
Program
FAQs
O­
9.
OkDEQ
Fact
Sheet:
Air
Quality
Permits
O­
10.
OkDEQ
Fact
Sheet:
Air
Quality
Minor
Permit
Modifications
O­
11.
OkDEQ
Fact
Sheet:
Fugitive
Dust
and
Its
Effects
on
Our
Environment
