The New York State Department of Environmental Conservation (NYSDEC) recently proposed a new set of regulations for Asphalt Pavement Manufacturing Plants (APMPs) under a new Subpart 220-3 of Title 6 of the Codes, Rules and Regulations of the State of New York (6 CRR-NY). This proposed rule would result in the repeal of the existing 6 CRR-NY Subpart 212-4 for Nitrogen Oxide (NOX) emissions from the Hox Mix Asphalt (HMA) production plants and introduce new, more robust compliance requirements for asphalt producing facilities. Note that the proposed definition of an APMP differs slightly from the current definition of an HMA production plant.
Subpart 212-4 has historically regulated NOX emissions from dryer burners at HMA plants by requiring economic feasibility evaluations of installing low NOX burners at the facility. With the new Subpart 220-3, the scope of the compliance requirements will be expanded to include requirements to control emissions of other pollutants in addition to NOX from the emissions sources at existing and new APMPs, and to include significant recordkeeping obligations.
The proposed Subpart 220-3 outlines specific control requirements for the various specific pollutants and emission sources at existing and new APMPs, including:
- Volatile Organic Compounds (VOCs) emissions from Asphalt Cement Storage Tanks – must be controlled by venting through a tank vent condenser, activated carbon filter, or using another suitable control device;
- NOX and Particulate Matter (PM) emissions from Aggregate Dryers – must comply with specific emission limits based on the type of fuel used;
- Blue Smoke (organic aerosols) emissions from Storage Silos, Drag Conveyors and Pug Mills – must be captured and recycled back into the process or controlled by using coalescing filters or another suitable method approved by NYSDEC;
- Blue Smoke (organic aerosols) emissions from Load-Out Process Operations – must be controlled by using a control device or other suitable method approved by NYSDEC through submission of a plan to minimize emissions, and;
- Fugitive Dust from miscellaneous sources including but not limited to roadways, transfer point emissions, storage piles and vehicles – must be controlled by using water suppression, minimizing drop distances, using tarp covers on truck, and other work practice requirements.
Depending on the calculated annual capacity of asphalt paving material production of a facility, NYSDEC has provided specific timeframes in order to implement these proposed control measures to the existing operations and be in compliance with the requirements of this Subpart. The annual capacity thresholds that determine the compliance deadlines vary for each of the control requirements summarized above, so be sure that your facility is aware of when it may need to comply with each requirement. Please note that new APMPs would be subject to the control requirements of this Subpart upon startup irrespective of the asphalt production capacities.
The proposed rule also introduces new recordkeeping and work practice requirements for APMPs as follows:
- AMPMs must keep daily records of information including tons of asphalt material produced, burner operation hours, amount of fuel used, and other parameters.
- APMPs must conduct annual tune-ups and retain records for the dryer burners and hot oil heaters.
Additionally, APMPs subject to this Subpart must conduct emissions testing for the asphalt pavement processing units for NOx and PM emissions once per permit term to comply with the requirements of the Subpart. An annual tune-up on the asphalt pavement processing units must be conducted before June 15 every year or within four (4) weeks after start-up of the unit. Performance tests must be completed within 180 days of commencing operation of any new asphalt pavement processing unit.
The proposed Subpart 220-3 will not apply to APMPs that have calculated annual production levels of asphalt paving material less than 75,000 tons per year. If Subpart 220-3 is finalized as proposed, such facilities would not be required to comply with this proposed rule and would no longer be subject to Subpart 212-4, which will be repealed. The NYSDEC has taken this approach to reduce the regulatory burden on small businesses in the industry.
The proposed regulation is available for review on the NYSDEC website and contact information to submit comments are included on that web page. Comments are due to NYSDEC by January 22, 2024. Information on the scheduled virtual hearings for this proposed rule can be also found here. Please note that the NYSDEC website is currently going through updates, and some links to outdated webpages may not function properly.
Trinity’s Albany office pays close attention to new NYSDEC rule developments, especially with respect to air permitting, and is very familiar with the current NYSDEC regulations. The office has worked with the NYSDEC and industry clients to prepare many permit applications that align with up-to-date guidance to support a wide variety of permitting actions that have been approved by the NYSDEC.
If you would like to discuss the proposed Subpart 220-3 and how it may impact your facility, please email Kishan Patel in Trinity’s Albany office or call 240.610.4584.
