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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2014 - RESOLUTION 2014-080, ADOPTING THE RECOMMENDATIONSAgenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Melissa Hovey, Senior Environmental Planner SUBJECT Resolution 2014-080, Adopting the Recommendations of the Air Quality Advisory Board Regarding Comments to Colorado Department of Public Health and Environment on the Draft Construction Permit 13LR2446 for Martin Marietta Materials, Inc. Hot Mix Asphalt Plant. EXECUTIVE SUMMARY The purpose of this item is to approve comments developed by the Air Quality Advisory Board and staff based on public input and technical review of permit documentation to be submitted to Colorado Department of Public Health and Environment regarding the draft air permit for the Martin Marietta Materials, Inc. hot mix asphalt plant. STAFF RECOMMENDATION Staff recommends adoption of the resolution. BACKGROUND / DISCUSSION The Colorado Department of Public Health and Environment - Air Pollution Control Division (CDPHE-APCD) requires hot mix asphalt plants to obtain air permits and adhere to requirements for air emission controls, limits on annual asphalt production, and other reporting, operating, and maintenance requirements. On August 4, 2014, CDPHE-APCD issued a draft Construction Permit No. 13LR2446 on for the Martin Marietta Materials, Inc. (MMM) hot mix asphalt plant located at 1800 North Taft Hill Road, Fort Collins, CO. This asphalt plant is located outside of City limits in unincorporated Larimer County, and within the City’s Growth Management Area. A portable asphalt batch plant has been located on or near the current site or on the adjacent gravel mining site to the west, on several occasions for various lengths of time over the last four decades. The existing plant was moved to its current location in the spring of 2011 by its previous owner. The Larimer County Board of County Commissioners originally approved a Special Review for the plant under its Land Use Code in 1985. The Board approved an amended Special Review to locate the plant at its current location in March 2009. Martin Marietta Materials, Inc. acquired the gravel mining operations and the asphalt plant in December 2011. In 2013, MMM applied for a revision to their air permit to convert the asphalt plant from a “portable” plant (one that moves at least every two years), to a “stationary” plant. MMM estimates that the quantity and quality of the gravel from the adjacent mining operations can support the asphalt plant for several years. Agenda Item 17 Item # 17 Page 2 CDPHE-APCD has completed its review of the air permit application and has made a preliminary determination of approval of the application. CDPHE-APCD has also determined that this permitting action is subject to a 30-day public comment period per Colorado Regulation No. 3, due to the following reason(s):  permitted emissions exceed public notice threshold values in Regulation No. 3, Part B, Section III.C.1.a (25 tons per year in a non-attainment area and/or 50 tons per year in an attainment area)  the source is requesting a federally enforceable limit on the potential to emit in order to avoid other requirements. The public comment period concludes on September 3, 2014. Local citizens, primarily from the neighborhoods surrounding the asphalt plant, have expressed concerns with air emissions from the plant. These citizens are concerned with odors, dust, volatile organic compounds, and hazardous air pollutants being emitted from the plant. In January 2014, concerned citizens formed an advocacy group named the Citizens Against Asphalt Toxins (CAAT). Members from this group have made presentations to City Council, Larimer County Board of County Commissioners, the City’s Air Quality Advisory Board, the County’s Environmental and Science Advisory Board and presented testimony at the Public Listening Session hosted by the City in May. City Council members and City staff have been engaged in responding to citizen concerns regarding the asphalt plant for over a year. These actions include advocating to CDPHE to conduct a public hearing on the draft air permit, hosting a Public Listening Session with CDPHE, and committing to conducting a review of the draft air permit. The City also collaborated with Larimer County to procure the services of an air quality professional consultant to assist with review of the draft air permit. Air Resource Specialist, Inc. was tasked to:  review the modeling analysis for completeness and accuracy as well as input assumptions used in the dispersion modeling,  review the draft permit for compliance with all regulatory requirements,  review the analysis with respect to hazardous air pollutants,  review the air permit with respect to air monitoring and other compliance requirements. The City’s Air Quality Advisory Board (AQAB) has been actively engaged in the air quality issues pertaining to the asphalt plant. The AQAB has been preparing to review the draft air permit and provide recommendations to Council within the 30 day public comment period. The AQAB completed its review of the draft permit on August 25, 2014 and constructed comments which are submitted as Exhibit A to the proposed Resolution. The AQAB recommends that its comments be communicated to CDPHE by City Council. The AQAB based its comments on the following items:  Supporting documentation and analysis provided by CDPHE-APCD with the draft air permit,  Results provided by Air Resource Specialists on their technical analysis of the draft permit on August 18, 2014,  Information provided by CDPHE-APCD and citizens at the public listening session hosted by the City on May 21, 2014,  Technical discussion at AQAB subcommittee meeting on May 16, 2014,  Information received during a tour of the plant on May 16, 2014,  Information received from the CAAT and MMM provided at the board’s April 21, 2014 meeting,  Atmospheric science and air quality regulatory expertise of City staff and board members. Agenda Item 17 Item # 17 Page 3 Staff concurs with the board’s recommended comments and notes the comments support the following City Policies: 2011 City Plan: Principle ENV 8: Continually improve Fort Collins’ air quality. Policy ENV 8.3 - Employ a Citywide Approach Focus on improving air pollution by reducing total citywide emissions over the long-term and assuring that localized air pollution exposures conform to adopted health standards. 2014 Legislative Policy Agenda: The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” 1. Support legislation and regulations adopting programs and policies that improve public health and air quality. 2. Support legislation that maintains or increases the stringency of air quality standards. 4. Support legislation that promotes regional improvement of air quality, recognizing that air pollution does not follow jurisdictional boundaries. FINANCIAL / ECONOMIC IMPACTS The Air Quality Advisory Board is a voluntary board. There is no cost associated with their review of the draft air permit. The City collaborated with Larimer County to procure services of an air quality professional consultant. The City’s share of this cost was $3,200. ENVIRONMENTAL IMPACTS The comments provided by the City of Fort Collins to CDPHE-APCD on the draft air permit may help to shape the final air permit and support protection of air quality and public health. BOARD / COMMISSION RECOMMENDATION The Air Quality Advisory Board was actively engaged in this issue for over 5 months and developed recommended comments based on technical analysis, public input, and staff expertise. The comments, to be submitted to CDPHE-APCD regarding the draft air permit are included in Exhibit A. PUBLIC OUTREACH The City of Fort Collins hosted a public listening session with the CDPHE-APCD and the CAAT on Wednesday, May 14, 2014 to provide an opportunity for citizens to express concerns regarding the asphalt plant and for officials to present information about the state’s air permitting and public comment process. The meeting was held in response to Martin Marietta Materials’ application for an air permit for its asphalt plant at 1800 N. Taft Hill Road. Over 75 members of the public were present at this meeting. Copies of presentations, FAQs, and link to video from this meeting can be found at <http://www.fcgov.com/airquality/> The Air Quality Advisory Board addressed the asphalt plant issue at its monthly meeting on April 21, 2014. Members of CAAT, personnel from MMM, and City staff gave presentations on the plant operations, regulatory process, and potential impacts. Approximately 21 members of the public were present at this meeting. Copies of presentations can be found at <http://www.fcgov.com/airquality/> Agenda Item 17 Item # 17 Page 4 The Air Quality Advisory Board hosted a joint meeting with the Larimer County Environmental and Science Advisory Board on August 18, 2014. A presentation was made by Air Resource Specialists, on the results of their review of the draft permit, supporting documentation, and modeling analysis (Attachment 3). ATTACHMENTS 1. Draft Construction Permit_13LR2446 (PDF) 2. MMM_FINAL_Report (REV1) (PDF) 3. March 25, 2014 Letter to Council (PDF) 4. April 17, 2014 Letter to Colorado Department Public Health & Environment (PDF) 5. May 7, 2014 Letter to Council (PDF) 6. Powerpoint Presentation (PPTX) AIRS ID: 069/0128/005 Page 1 of 12 Version 2009-1 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 13LR2446 Issuance 1 DATE ISSUED: ISSUED TO: Martin Marietta Materials, Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Stationary Hot Mix Asphalt plant, and associated materials storage, unloading, loading and stockpiles facility, located at 1800 North Taft Hill Road, in Larimer County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: AIRS Point Description Allowable Fuels 005 One (1) Astec, Model: Turbo 400, Serial Number: 97-010, Counter flow drum Mix asphalt plant. One (1) Hauck, model: SJ-4580, Serial Number: PRN27815 burner design rated at 120 MMBtu per hour. Particulate matter (PM) emissions are controlled by a Fabric Filter Baghouse and the associated storage silos. Silo emissions of PM are controlled by a fabric filter baghouse. natural gas and liquid petroleum gas (LPG) for the drum and asphalt heater. Fugitive emissions of particulate matter resulting from on- site truck traffic, aggregate stockpiles, and material handling. Particulate control measures listed at the end of this permit are used to control fugitive emissions. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF-CERTIFY FOR FINAL APPROVAL 1. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division. (Reference: Regulation No. 3, Part B, IlI.G.2). Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 2 of 12 2. Within one hundred and eighty days (180) after commencement of operation, the operator shall complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self-certification process. (Reference: Regulation No. 3, Part B, III.E.) 3. The owner or operator shall develop an operating and maintenance (O&M) plan, along with a recordkeeping format, that outlines how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the O&M plan shall commence at startup. Within one hundred and eighty days (180) after commencement of operation, the owner or operator shall submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. (Reference: Regulation No. 3, Part B, III.E.) 4. Within thirty (30) days after commencement of operation, the permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) EMISSION LIMITATIONS AND RECORDS 5. Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). Monthly and Annual records of the actual emission rates shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Limits: AIRS Point Tons per Year Emission Type PM PM10 PM2.5 NOx SO2 VOC CO 005 5.4 1.8 1.3 6.5 0.8 7.6 72.2 Point 005 3.7 0.9 0.1 - - - - Fugitive See “Notes to Permit Holder #4” for information on emission factors and methods used to calculate limits. Compliance with the annual limits shall be determined by recording the facility’s annual emissions for the pollutants listed above on a rolling twelve (12) month total. By the end of each month a new twelve-month total shall be calculated based on the previous twelve months’ data. The permit holder shall calculate monthly emissions and keep a compliance record on site, or at a local field office with site responsibility, for Division review. Note: Compliance with the fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 9 and by following the attached particulate emissions control plan. 6. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 3 of 12 7. The following control equipment shall be maintained and operated to ensure satisfactory performance. The owner or operator shall monitor compliance with this condition through the results of approved compliance tests (when required), compliance with the Operating and Maintenance Plan, compliance records, and other methods as approved by the Division. (Reference: Regulation No. 3, Part B, Section III.E.) AIRS Point Control Device Controlled Pollutants 005 Baghouse PM, PM10, and PM2.5 PROCESS LIMITATIONS AND RECORDS 8. This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Monthly and Annual records of the actual process rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Process/Consumption Limits AIRS Point Process Parameter Annual Limit 005 Total production of asphalt, including asphalt produced with LPG, shall not exceed 475,000 tons per year 005 Production of asphalt while heating the drum with LPG shall not exceed 40,000 tons per year Compliance with the yearly process limits shall be determined on a rolling twelve (12) month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months’ data. The permit holder shall calculate monthly process rate and keep a compliance record on site or at a local field office with site responsibility, for Division review. STATE AND FEDERAL REGULATORY REQUIREMENTS 9. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be determined using EPA Method 9. (Reference: Regulation No. 1, Section II.A.1. & 4.) 10. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 11. This source is subject to Regulation No. 6 – Standards of Performance for New Stationary Sources, Part A – Federal Register Regulations Adopted By Reference, Subpart I - Standards of Performance for Hot Mix Asphalt Facilities, including, but not limited to, the following: a. Concentration of particulate matter in the gases discharged into the atmosphere shall not be in excess of 0.04 grain per dry standard cubic foot. b. Discharge into the atmosphere shall not exhibit 20 % opacity, or greater. Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 4 of 12 12. The following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11 b. No article, machine, equipment or process shall be used to conceal an emission that would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard that is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Performance tests shall be conducted as required under § 60.8. e. Compliance with opacity standards shall be demonstrated according to § 60.11. A copy of the complete applicable subpart(s) may found at: http://www.gpoaccess.gov/cfr/retrieve.html 13. This source is located in an ozone non-attainment area, and an attainment-maintenance area for CO. NOx and VOCs are regulated as precursors to ozone. Therefore this source is subject to the Reasonably Available Control Technology (RACT) requirements of Regulation Number 3, Part B, III.D.2 for those pollutants. RACT for this source is determined to be “no additional control” beyond the good combustion practices incorporated in to the plant design due to excessive cost per ton of emission removed. OPERATING & MAINTENANCE REQUIREMENTS 14. The owner or operator shall develop an operating and maintenance (O&M) plan, along with a recordkeeping format, that outlines how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the O&M plan shall commence at startup. Within one hundred and eighty days (180) after commencement of operation, the owner or operator shall submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. (Reference: Regulation No. 3, Part B, III.E.) COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 15. The owner or operator shall demonstrate compliance with Condition #11 (NSPS Subpart I), using EPA Method 9 to measure opacity from the stack. For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours and the opacity observations shall be Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 5 of 12 conducted concurrently with the initial performance test required in §60.8. (Reference: Regulation No. 6, Part A, Subpart A, General Provisions § 60.11) 16. A source initial compliance test shall be conducted at the main stack on this plant to demonstrate compliance with the pollutant emission rates listed below. The test protocol, test and test report must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual using EPA approved methods. The protocol shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. (Reference: Common Provisions II.C and Regulation No. 3, Part B; III.G.3) Particulate Matter (PM): 5.133 tons per year 0.04 grains per dscf of exhaust. (NSPS Subpart I) Carbon Monoxide (CO): 69.113 tons per year 0.291 pounds per ton of asphalt produced Oxides of Nitrogen (NOx): 6.175 tons per year 0.26 pounds per ton of asphalt produced ADDITIONAL REQUIREMENTS 17. This permit replaces the following permits and/or points, which are canceled upon issuance of this permit. Permit No. AIRS ID Notes 97PO0030 777/1050/001 Permit is being reissued as a stationary permit. 18. The AIRS ID number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) 19. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year of a criteria pollutant, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For volatile organic compounds (VOC) and nitrogen oxides sources (NOx) in ozone nonattainment areas emitting less than one hundred tons of VOC or NOx per year, a change in annual actual emissions of one (1) ton per year or more or five percent, whichever is greater, above the level reported on the last APEN; or For sources emitting 100 tons per year or more of a criteria pollutant, a change in annual actual emissions of five percent or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 6 of 12 For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non-criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 20. Public access shall be precluded in all areas within the modeling receptor exclusion zone (as seen in attachment A) as submitted with the modeling in the application. The exclusion zone shall be and posted with no trespassing signs and patrolled during hours of operation. (Reference: Regulation No. 3, Part B, Section III.B.5 21. The source shall notify the Division if there is a change in the location of the asphalt plant to determine if a revision to the ambient air quality analysis is necessary. 22. The requirements of Colorado Regulation No. 3, Part D shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to otherwise emit a pollutant such as a restriction on hours of operation (Colorado Regulation No. 3, Part D, Section VI.B.4). With respect to this Condition, Part D requirements may apply to future modifications if emission limits are modified to equal or exceed the following threshold levels: AIRS Point Equipment Description Pollutant Emissions - tons per year Threshold current permit limit 005 Asphalt Plant CO 250 72.2 GENERAL TERMS AND CONDITIONS: 23. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 7 of 12 24. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self-certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self-Certify for Final Approval section of this permit. The operator shall retain the permit final approval letter issued by the Division after completion of self- certification with the most current construction permit. 25. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. By: By: K.C. Houlden R K Hancock III, P.E. Permit Engineer Construction Permits Unit Supervisor Permit History Issuance Date Description Initial Approval This Issuance Issued to Martin Marietta Materials. Conversion from portable permit # 97PO0030. Notes to permit holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: http://www.cdphe.state.co.us/regulations/airregs/5CCR1001-2.pdf. 3) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 8 of 12 with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 4) The following emissions of non-criteria reportable air pollutants are estimated based upon the process limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds emitted if the source(s) operate at the permitted limitations. AIRS Point Pollutant CAS # Uncontrolled Emission Rate (lb/yr) Are the emissions reportable? Controlled Emission Rate (lb/yr) 005 Acetaldehyde 75070 618 YES 618 Formaldehyde 50000 1,473 YES 1,473 Toluene 108883 1,378 YES 1,378 Benzene 71432 185 NO 185 Ethylbenzene 100414 114 NO 114 Quinone 106514 76 NO 76 Hydrochloric Acid (HCL) 1330207 95 NO 95 5) The emission levels contained in this permit are based on the following emission factors: Point 005 Drum Mixer when operating on Natural Gas: Emission Factors - Uncontrolled Emission Factors – Controlled Pollutant lb/ton of asphalt Source lb/ton of asphalt Source PM 27.916 Division Derived 0.02162 Division Derived PM10 8.3748 Division Derived 0.00649 Division Derived PM2.5 2.3476 Division Derived 0.00454 Division Derived NOx 0.0260 AP-42 0.0260 AP-42 CO 0.2910 Applicant 0.2910 Applicant VOC 0.0320 AP-42 0.0320 AP-42 SO2 0.0034 AP-42 0.0034 AP-42 Point 005 Drum Mixer when operating on Liquid Petroleum Gas (LPG): Emission Factors - Uncontrolled Emission Factors – Controlled Pollutant lb/ton of asphalt Source lb/ton of asphalt Source PM 27.916 Division Derived 0.02162 Division Derived PM10 8.3748 Division Derived 0.00649 Division Derived Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 9 of 12 Emission Factors - Uncontrolled Emission Factors – Controlled Pollutant lb/ton of asphalt Source lb/ton of asphalt Source SO2 0.0034 AP-42 0.0034 AP-42 Point 005 Asphalt Heater when operating on Natural Gas and Liquid Petroleum Gas (LPG): Emission Factors - Uncontrolled Emission Factors – Controlled Pollutant lb/MMcf Nat. Gas Source lb/MMcf Nat. Gas Source PM 7.60 AP-42 7.60 AP-42 PM10 7.60 AP-42 7.60 AP-42 PM2.5 7.60 AP-42 7.60 AP-42 NOx 100.00 AP-42 100.00 AP-42 CO 84.00 AP-42 84.00 AP-42 VOC 5.50 AP-42 5.50 AP-42 SO2 0.60 AP-42 0.60 AP-42 Materials Hauling and Stockpile (Fugitive): Particulate Matter (TSP): .......................... 0.0005 pounds per ton of HMA produced Particulate Matter < 10 µm (PM10): ……..0.0005 pounds per ton of HMA produced Particulate Matter < 2.5 µm (PM2.5):…….0.0003 pounds per ton of HMA produced Silo Operations: Particulate Matter (TSP): .......................... 0.0006 pounds per ton of HMA produced Particulate Matter < 10 µm (PM10): ……..0.0006 pounds per ton of HMA produced Particulate Matter < 2.5 µm (PM2.5):…….0.0003 pounds per ton of HMA produced Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 10 of 12 6) This facility is classified as follows: Applicable Requirement Status Operating Permit Synthetic Minor facility for CO, PSD Synthetic Minor facility for CO NANSR Minor facility 7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below: http://ecfr.gpoaccess.gov/ Part 60: Standards of Performance for New Stationary Sources NSPS 60.90-60.93 Subpart I 8) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. The permit holder shall pay the invoice within 30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation No. 3, Part A, Section VI.B.) 9) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 10) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self-certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division’s action. 11) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 12) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 11 of 12 PARTICULATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, Section III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Processing Activities - Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off-property transport of visible emissions from hauls trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. CONTROL MEASURES 1. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles if necessary. 2. On site haul roads used to move aggregate shall be graveled. Watering shall be implemented if dust problems occur. 3. On site haul roads for removal of hot mix asphalt from site shall be paved and or graveled. Watering shall be implemented if dust problems occur. 4. Vehicle speed on haul roads and service roads shall be restricted to 15 miles per hour. Speed limit signs shall be posted. Colorado Department of Public Health and Environment Air Pollution Control Division Martin Marietta Materials, Inc. Permit No. 13LR2446 Issuance 1 AIRS ID: 069/0128/005 Page 12 of 12 Attachment A Figure: map/aerial image identifying stack and radius. 2014 MARTIN MARIETTA MATERIALS FINAL TECHNICAL REPORT REVIEW OF DRAFT AIR QUALITY PERMIT 13LR2446 Prepared for: LARIMER COUNTY AND CITY OF FORT COLLINS Prepared by: D. HOWARD GEBHART Air Resource Specialists, Inc. 1901 Sharp Point Drive, Suite E Fort Collins, Colorado 80525 Telephone: 970-484-7941 Fax: 970-484-3423 August 2014 Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. TABLE OF CONTENTS Section Page 1.0 Introduction 1-1 1.1 Background 1-1 1.2 Overview of Martin Marietta Asphalt Plant Site 1-1 1.3 Site Characteristics 1-3 2.0 Review of Emission Estimates 2-1 2.1 Criteria Air Pollutants 2-1 2.2 Hazardous Air Pollutants 2-2 3.0 Review of Dispersion Modeling 3-1 3.1 APCD Modeling Studies 3-1 3.2 Additional HAP Modeling Analysis 3-4 4.0 Reasonably Available Control Technology 4-1 4.1 RACT for VOC Emissions 4-1 4.2 RACT for CO Emissions 4-2 5.0 Technical Comments on Draft Permit 5-1 6.0 Summary & Conclusion 6-1 LIST OF FIGURES Figure Page 1-1 Martin Marietta Materials Google Earth Image 1-2 1-2 MMM Asphalt Batch Plant 1-3 4-1 Image of Recycle Air Collection Point at MMM Asphalt Plant 4-2 LIST OF TABLES Table Page 2-1 MMM Emissions (ton/year) 2-1 2-2 MMM Emissions (lbs/year) 2-2 3-1 1-Hour Averages CO Impact 3-2 3-2 8-Hour Average CO Impacts 3-2 3-3 Location of Public Receptors near MMM 3-5 3-4 MMM HAP Modeling Results – Acute Impacts 3-6 3-5 MMM HAP Modeling Results – Chronic Impacts 3-7 3-6 Background HAP Levels – Fort Collins, Colorado 3-8 4-1 RBLC Query Results: Asphalt Concrete Manufacturing 4-3 Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 1.0 INTRODUCTION 1.1 Background Martin Marietta Materials (MMM) operates a hot mix asphalt plant at 1800 North Taft Hill Road, located within Larimer County, Colorado (County) and just outside the limits for the City of Fort Collins (City). The County and City have requested the services of a qualified environmental consultant to review the draft MMM air quality permit issued for public notice by the Colorado Air Pollution Control Division (APCD) and provide input to the County’s Environmental and Science Advisory Board (ESAB) and the City’s Air Quality Advisory Board (AQAB). The ESAB and AQAB will be responsible for considering the draft permit and providing any recommendations for submitting official comments on the draft permit by either the County or City. Air Resource Specialists, Inc. (ARS) has been selected by the County and City to assist in the MMM draft permit review. ARS has been assigned the following work, which is documented in this technical report.  Review Draft Air Permit and Permit Conditions  Review Air Emissions Inventory that supports the MMM Draft Permit  Review Air Dispersion Modeling that supports the MMM Draft Permit  Assess Potential Public Health Impacts of Hazardous Air Pollutant (HAP) Emissions  Summarize Findings in a Technical Report  Present Findings to a Meeting(s) of the EASB and AQAB In essence, this study is a “review of the review” conducted by APCD. The study objectives are to confirm that APCD’s technical analysis supporting the permit decision is based on sound science and standard regulatory practice. Also, ARS’ review is designed to ensure that the issued permit is protective of public health and the environment. The technical review work by Air Resource Specialists, Inc. (ARS) is described in this report and has been jointly funded by the County and City. A single report has been prepared that documents the results of the ARS studies. 1.2 Overview of MMM Asphalt Plant Site According to MMM, mining and processing for aggregate materials has been conducted at the North Taft Hill Road site since the 1950s. MMM acquired the asphalt plant site in 2011. The current asphalt plant was relocated to the site under the authority of a “portable source” permit. Under Colorado Air Pollution Control Commission Regulation #3, an emissions unit can remain at a single site for only 18 months under a “portable source” permit. MMM wishes to permanently locate the asphalt plant at the present site and as such, has requested a “stationary source” permit pursuant to Regulation #3 from the APCD. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. The MMM asphalt plant site is located at 1800 North Taft Hill Road, Fort Collins, CO. On the west side of Taft Hill Road, MMM operates additional aggregate mining and processing operations. An image of the asphalt plant site from Google Earth is shown as Figure 1-1. Figure 1-1. Martin Marietta Materials Google Earth Image. *Indicates the MMM Asphalt Location According to materials provided by MMM, the plant produces “warm mix” asphalt, which is a combination of liquid asphalt cement, aggregate, sand, asphalt binder, and recycled asphalt pavement (RAP). Based on claims by MMM, a “warm mix” plant operates at temperatures of less than 300 degrees F, which is 30-70 degrees F cooler than a more conventional “hot mix” plant. The “warm mix” plant consumes about 20% less fuel. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. Figure 1-2 shows a typical asphalt batch plant. Figure 1-2. Asphalt Batch Plant (provided by MMM). At the Taft Hill Road asphalt plant, the air emissions are routed through a fabric filter emissions control system, also known as a baghouse, before existing through a stack located at the edge of the baghouse. The fabric filter dust collector is primarily a control device for removal of particulate matter (PM) emissions and is required to meet the emissions limitations in the applicable New Source Performance Standards (NSPS) at 40 CFR 60 Subpart I. During a visit to the facility, ARS confirmed that the baghouse is present to control emissions and appears to be working effectively based on the lack of visible emissions in the stack exhaust. ARS staff also observed additional pollution abatement measures not listed in the draft MMM permit. First, there is a collection point along the product conveyor leading to the asphalt storage silos that routes volatile organic compound (VOC) emissions lost through the conveyor back to the asphalt plant burner for destruction. Also, MMM has installed condensers to collect VOC emissions lost at the liquid asphalt storage tanks. Some of the collected VOC may also be regulated as hazardous air pollutants (HAPs). 1.3 Site Characteristics The immediate MMM plant site is rural in character, with some residential housing to the south. The City of Fort Collins Poudre River Trail also abuts the MMM property on the south side, with a parking lot for trail access along Taft Hill Road to the immediate south of the MMM property. The Lincoln Middle School (operated by the Poudre School District) lies about 1 kilometer (km) southeast of the MMM plant site. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 2.0 REVIEW OF EMISSION ESTIMATES 2.1 Criteria Air Pollutants Table 2-1 summarizes the emissions data for the main stack at the MMM asphalt plant, as determined by the APCD and summarized in the draft permit. Table 2-1 MMM Emissions (ton/year) PM PM10 PM2.5 NOX SO2 VOC CO Stack 5.4 1.8 1.3 6.5 0.8 7.6 72.2 Fugitive 3.7 0.9 0.1 Total 9.1 2.7 1.4 ARS confirmed that MMM emissions listed above were determined using the maximum production rate in the permit of 475,000 tons/yr. For NOX, VOCs, and SO 2, the emissions were calculated using the AP-42 emission factors for drum mix hot mix asphalt plants fired on natural gas. These emission factors and the AP-42 citation are listed below: NOX: 0.026 lb/ton, AP-42, Table 11.1-7 SO2: 0.0034 lb/ton, AP-42, Table 11.1-7 VOC: 0.032 lb/ton, AP-42, Table 11.1-8 For CO emissions, the AP-42 factor is 0.13 lb/ton, but MMM has requested CO emissions equal to 0.291 lb/ton when combusting natural gas and 0.40 lb/ton when combusting liquefied petroleum gas (LPG or propane). The reason for the higher CO emissions at the MMM asphalt plant were not documented in the materials released to the public which accompanied the draft permit. In response to ARS questions, APCD’s explanation for this discrepancy is a claim that historical experience shows that the AP-42 CO factor is too low based on emissions testing at other asphalt plants. For additional discussion of the CO emissions, please refer to Section 4, Reasonably Available Control Technology. The PM emissions were calculated by APCD and differ somewhat from the AP-42 values. AP-42 lists uncontrolled emission factors for PM and PM10 of 28 lb/ton and 6.5 lb/ton respectively (See AP-42, Table 11.1-3). The Division’s PM factor is close to AP-42 (27.916 vs. 28 lb/ton) and the Division’s PM10 factor exceeds the AP-42 value by a small amount (8.3748 lb/ton vs. 6.5 lb/ton). PM2.5 is not directly tabulated in AP-42, but AP-42 Table 11.1-4 lists the particle size distributions from asphalt plant drum mix dryers, and gives a PM2.5 fraction of 5.5% for the uncontrolled emissions. When these data are applied to the AP-42 uncontrolled PM factor (28 lb/ton), the derived PM2.5 factor is 1.54 lb/ton. APCD calculated 2.3476 lb/ton for the draft permit. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. The technical basis for the Division’s emission calculations for PM, PM10, and PM 2.5 were not provided in the materials released to the public which accompanied the draft permit. However, subsequent correspondence with APCD staff indicates that the Division’s PM estimates were based on the grain loading from the applicable New Source Performance Standard (NSPS) which is 0.04 gr/dscf. This is a reasonable approach as the PM emissions are then consistent with the proposed permit limit. 2.2 Hazardous Air Pollutants (HAPs) Table 2-2 summarizes the HAP emissions calculated by APCD for the MMM facility. Please note that HAP emissions are reported in pounds whereas the other pollutant emissions are listed in tons. All HAPs documented in the APCD materials are released at the asphalt plant baghouse stack. Table 2-2 MMM Emissions (lbs/year) Acetaldehyde Formaldehyde Toluene Benzene Ethylbenzene Quinone HCl 618 1,473 1,378 185 114 76 95 ARS confirmed that the MMM HAP emissions listed above were determined using the maximum production rate in the permit of 475,000 tons/yr. HAP emissions listed for benzene, ethylbenzene, and formaldehyde match the AP-42 data for emissions from a natural gas-fired drum mix asphalt plant (AP-42, Table 11.1-10). These factors are as follows: benzene (0.0039 lb/ton), ethylbenzene (0.00024 lb/ton), and formaldehyde (0.0031 lb/ton). The APCD toluene factor (derived from the APCD’s emissions estimate) is 0.0029 lb/ton, compared to the AP-42 factor of 0.00015 lb/ton. The toluene factor used by APCD is the AP-42 factor for an asphalt plant fired on #2 fuel oil, so it appears that APCD may have used this factor by mistake instead of the natural gas factor. After correcting for this error, the toluene emissions would be reduced from 1,378 lb/yr to 71 lb/yr. In the draft permit, APCD also listed HAP emissions for acetaldehyde, quinone, and hydrochloric acid (HCl); however, these emissions are not included within the published AP-42 emissions data. In later correspondence with ARS, APCD acknowledged that the data were listed in error and the expectation is that the estimates for these particular HAP pollutants will be dropped when the final permit is released. There are also other HAPs listed in the AP-42 data (AP-42, Table 11.1-10) that have emissions comparable to the HAPs where emissions were calculated by APCD. These HAPs are hexane (0.00092 lb/ton), xylene (0.00020 lb/ton), and polycyclic aromatic hydrocarbons or PAHs (0.00019 lb/ton). The most prevalent PAHs based on AP-42 data are naphthalene and 2-methylnaphthalene. It is unknown why these HAPs were not considered given that the emissions are comparable to other HAPs where emissions were tabulated by APCD. At the maximum permitted production rate of 475,000 tons per year, the resulting emissions would be: hexane 437 lb/yr, xylene 95 lb/yr, and PAHs 90 lb/yr. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 3.0 REVIEW OF DISPERSION MODELING 3.1 APCD Modeling Studies APCD conducted air quality dispersion modeling for CO emissions using the US Environmental Protection Agency (US EPA) AERSCREEN model (Version 11126). AERSCREEN is a simple “screening” model tool that predicts the worst-case concentration expected from a single emission source over a wide range of possible meteorological dispersion conditions. Based on ARS’ review of the modeling documents provided by APCD, it has been determined that the modeling was done correctly and followed the applicable regulatory guidelines governing air quality dispersion modeling (40 CFR 51 Appendix W). If anything, for reasons explained below, the modeling results are likely to be a significant overestimate of the actual CO impacts which might be realistically expected for the MMM asphalt plant. These conservatisms are especially pronounced for the 8-hour CO concentration modeling. For the APCD modeling, the CO emission rate was set to 160 lb/hr, which equals the expected CO emission rate at the maximum capacity of the asphalt plant (400 ton per hour) when operating on LPG (emissions of 0.4 lb/ton). AERSCREEN returns the worst-case expected concentration for an averaging time of 1-hour by calculating the expected concentrations from the emission source under a wide array of different meteorological dispersion conditions. The 1-hour concentration predicted by AERSCREEN is then adjusted to other averaging times using an EPA-recommended scaling factor. The 1-hour average AERSCREEN result was converted to an 8-hour average by APCD for comparison with the 8-hour National Ambient Air Quality Standard (NAAQS) using a scaling factor of 0.9. The AERSCREEN modeling result is also added to a “background” concentration, which accounts for ambient concentrations attributable any regional pollutant sources not explicitly included in the modeling. APCD reports that it used ambient monitoring data collected over the period 2004-2006 at the Fort Collins monitor located near the Colorado State University (CSU) campus to determine the “background”. This is the only ambient CO monitor in the Fort Collins region. APCD’s analysis states that using background data from the Fort Collins monitor likely overstates the real background values at the MMM site and ARS concurs with that assessment. The assumed background level accounts for about 1/3 rd of the total ambient CO impact in APCD’s modeling analysis. AERSCREEN also parameterizes “building downwash”, which describes how the airflow around nearby buildings and structures within the plant affect atmospheric dispersion and the resulting pollutant concentrations. There are three (3) structures at MMM that were considered by APCD for these effects: 1) the lime silo adjacent to the baghouse stack, 2) the product silos south of the baghouse stack, and 3) the baghouse structure itself. Since AERSCREEN is limited to addressing only a single building in any given model run, APCD executed the model separately for each of the three building configurations and then selected the worst-case result from these model runs. The AERSCREEN output showed that the building configuration with Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. the lime silo caused the highest ambient concentrations and was therefore used by APCD for the CO modeling results. AERSCREEN was set such that the minimum source-to-receptor distance modeled was 87 meters, which is the distance from the asphalt plant baghouse stack to the closest property boundary along Taft Hill Road which borders the facility of the west side. ARS confirmed that the 87 meter distance matches the distance from the MMM baghouse stack to the closest property boundary. AERSCREEN was modeled by APCD using a unit emission rate (1.0 grams per second). The modeling results were then adjusted to the actual emission rate (160 lb/hr or 20.18 g/sec) by multiplying the AERSCREEN model output by the emission rate in grams per second. This methodology accounts for the known relationship in the model that concentrations are linearly proportional to the emissions rate. The model results are compared to the National Ambient Air Quality Standards (NAAQS). The CO NAAQS are: 1 – Hour: 35 ppm (40,000 ug/m 3 ) 8 – Hour: 9 ppm (10,000 ug/m 3 ) AERSCREEN modeling results for the three building configurations are listed below in Tables 3-1 and 3-2 for the 1-hour average and 8-hour average CO concentrations. Table 3-1 1-Hour Average CO Impacts – Martin Marietta Materials Micrograms per cubic meter Building Configuration AERSCREEN Concentration Background Concentration Total Concentration NAAQS Lime Silo 7,203 5,750 12,953 40,000 Product Silo 4,639 5,750 10,389 40,000 Baghouse Building 3,078 5,750 8.828 40,000 Table 3-2 8-Hour Average CO Impacts – Martin Marietta Materials Micrograms per cubic meter Building Configuration AERSCREEN Concentration Background Concentration Total Concentration NAAQS Lime Silo 6,483 3,450 9,933 10,000 Product Silo 4,175 3,450 7,625 10,000 Baghouse Building 2,770 3,450 6,220 10,000 Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. One can see from the APCD modeling results that the predicted concentration using AERSCREEN complies with the NAAQS for all building scenarios, although the margin of compliance is small for the worst-case 8-hour average impacts. However, there is ample conservatism in the modeling analysis such that there is high confidence that the NAAQS would not be exceeded. The model conservatisms are detailed below. First, one can see that the modeling results are strongly dependent on which building affects the airflow. Predicted AERSCREEN concentrations for the building configurations other than the lime silo produce much lower concentrations compared to the worst-case result. Based on ARS’ review of the actual AERSCREEN modeling output files provided by APCD, the lime silo only affects ambient concentrations when winds are generally in a north-south direction and there is no building effect on concentrations when winds are in an east-west orientation. However, the minimum distance to the property line of 87 meters occurs directly to the west of the baghouse stack, which is a direction where the building effects from the lime silo would be non-existent. So, the worst-case modeling result reported by APCD actually occurs for an unrealistic scenario. The AERSCREEN output file indicates that the worst- case flow vector is 300 degrees, and the distance to the property boundary was calculated to be about 97 meters for that direction. The AERSCREEN modeling results also show that concentrations decrease rapidly as the downwind distance increases. For the AERSCREEN results for 300 degrees at 100 meters, the predicted concentration decreases by about 10 percent, which drops the 8-hour CO level to less than 9,300 micrograms per cubic meter and provides additional compliance margin, assuming that all other model inputs are unchanged. Another important conservatism is that APCD’s modeling is based on the higher short-term emission rate (160 lb/hr) which occurs only when the asphalt plant is fired on LPG. Under normal operations when the unit is fired on natural gas, the maximum allowable emissions would be 0.291 lb/ton or 116.4 lb/hr. LPG is a back-up fuel and limited to no more than40,000 tons per year production under the draft permit (which would equal 100 hours per year of operation at the maximum 400 tph asphalt production rate). If the natural gas CO emissions rate were applied instead, the modeling result would be more than 25% lower, and the resulting 8-hour CO concentration would be somewhere near 8,160 micrograms per cubic meter, assuming that all other model inputs are unchanged. Additional conservatism is introduced by the 0.9 factor used to estimate the 8-hour concentration. First, the meteorological conditions must be relatively persistent at the worst-case dispersion condition for the entire 8-hour period for this factor to provide a realistic modeling result. Second, the asphalt plant must also operate at or near its maximum operating capacity (400 tons per hour) and use LPG fuel for the entire 8-hour period. Neither condition is likely to persist for any consecutive 8-hour period, making the APCD modeling results conservative from that perspective too. Lastly, as indicated previously, the assumed background concentration (which accounts for about 1/3 rd of the total CO impact for the worst-case condition) is also a conservative overestimate of the true CO background for the MMM plant site given that the background data Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. comes from monitoring data at an urban site (downtown Fort Collins) with considerably more vehicular traffic emissions. In summary, the CO modeling results presented by APCD demonstrate compliance with the NAAQS, although compliance is by a small margin for the 8-hour average NAAQS. However, the APCD modeling analysis contains a number of conservative assumptions, all which must occur simultaneously with the worst-case dispersion condition for the predicted impacts to be a realistic depiction of the actual CO impacts. Given that it is unlikely that all of the conservative model assumptions would occur simultaneously, there is high confidence based on the APCD modeling that the NAAQS standards will be achieved in the area surrounding the MMM asphalt batch plant. 3.2 Additional HAP Modeling Analysis At the request of Larimer County and the City of Fort Collins, ARS conducted an assessment of the public health impacts associated with the reported hazardous air pollutant (HAP) emissions from the MMM asphalt plant. This analysis goes beyond the regulatory analysis conducted by APCD given that HAP concentrations in the ambient air are not specifically regulated by the State of Colorado. The HAP modeling analysis was conducted using the modeling results reported for the APCD modeling analysis of CO emissions. The results for each HAP of interest were determined using the APCD unit emissions rate modeling by simply multiplying the APCD AERSCREEN modeling results by the appropriate emissions data for the HAP pollutant of interest. APCD’s analysis reports emissions for the following HAPs: acetaldehyde, formaldehyde, toluene, benzene, ethyl benzene, quinone, and hydrochloric acid. Please note that ARS included acetaldehyde, quinone, and hydrochloric acid in our analysis despite the understanding that APCD has since determined these emissions were listed in error. Also, the ARS HAP modeling is based on the corrected toluene emissions data. The additional HAP modeling was conducted for specific receptors near MMM where people were known to live and/or congregate. The locations are as follows: 1) Residence located near the Poudre River Trail parking lot, 2) Residence on Stonecrest Drive (3 rd house west from Taft Hill Road, which was determined to be the closest residence along that street to the MMM asphalt plant emissions stack), and 3) Lincoln Middle School. The UTM coordinates for each of these locations were determined along with the baghouse stack using Google Earth and the distance and azimuth of each receptor point relative to the baghouse stack was calculated using simple geometric relationships. These data are listed below along with the worst-case AERSCREEN result for that receptor based on the unit emission rate APCD modeling (1.0 gram per second). Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. Table 3-3 Location of Public receptors near MMM Distance (meters) Azimuth (degrees from North) Worst-Case AERSCREEN Model Result (ug/cubic meter) Residence near Trailhead 239 160.2 232.9 Stonecrest Drive (3rd House) 632 194.3 146.7 Lincoln Middle School (NW Corner of school building) 1,130 155.6 13.57 As documented previously, the modeling results considered ambient air quality impacts under three (3) separate scenarios where the influence of nearby buildings and structures were considered. However, not every building scenario influences pollutant transport in all directions. For the purpose of this HAP impact analysis, the model results for a given building scenario were considered only when transport in the direction of the receptor was impacted by that particular building. Then, the worst-case AERSCREEN model result at the distance of the receptor of interest was tabulated and using the remaining AERSCREEN data that result was scaled by the appropriate emissions rate for the HAP pollutant of interest. The HAP modeling analysis prepared by ARS considered both acute (short-term) and chronic (long-term) health effects of the pollutant of interest. For the acute effects analysis, ARS estimated the maximum 1-hour concentration of each HAP and for the chronic effects analysis, ARS estimated the maximum annual average concentrations for each HAP. The annual concentration was scaled from the 1-hour AERSCREEN model prediction using the EPA-recommended factor of 0.1. The modeling results were compared to “safe” concentration levels determined for each HAP pollutant and averaging time. The “safe” concentration level was determined from data reported by USEPA in the document A Preliminary Risk-Based Screening Approach for Air Toxics Monitoring Data Sets (October 2010), including any subsequent updates to the data tables from that report. Where multiple concentration thresholds were listed by USEPA’s Risk-Based Screening Approach, the most conservative threshold, i.e., lowest concentration, was selected provided that the concentration threshold was for the appropriate averaging time. For the acute exposures, the lowest concentration threshold in the USEPA Risk-Based Screening Approach was generally the California “Reference Exposure Level” (REL), which is defined as the expected concentration level for the pollutant of interest below which no adverse health effects are anticipated. Most California RELs are derived for an exposure of one hour and are available online at http://ww.oehha.ca.gov/air/acute_rels/index.html. For ethylbenzene, the most stringent threshold listed is from the Acute Exposure Guideline Levels (AEGL) developed by USEPA’s Office of Prevention, Pesticides, and Toxic Substances. The AEGL-1 is the published threshold for mild health effects. For quinone, the only listed threshold is based on the Immediately Dangerous to Life & Health (IDLH) concentrations divided by a safety factor of 10. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. The IDLH concentrations were developed by the National Institute for Occupational Safety & Health (NIOSH). The acute HAP modeling results are shown below in Table 3-4 for each receptor of interest. Table 3-4 MMM HAP Modeling Results – Acute Impacts Pollutant Max Hourly Emissions (g/sec) Calculated 1-Hour Average HAP Exposure (micrograms/cubic meter) “Safe” Concentration Threshold (micrograms/cubic meter) Receptor: Residence near Trailhead: AERSCREEN = 232.9 ug/ cubic meter Receptor: Stonecrest Drive (3rd House): AERSCREEN = 146.7 ug/ cubic meter Receptor: Lincoln Middle School: AERSCREEN = 13.57 ug/ cubic meter Acetaldehyde 0.0656 15.3 9.6 0.9 470 Formaldehyde 0.1564 36.4 22.9 2.1 55 Toluene 0.0076 1.8 1.1 0.1 37,000 Benzene 0.0197 4.6 2.9 0.3 1,300 Ethylbenzene 0.0121 2.8 1.8 0.2 140,000 Quinone 0.0081 1.9 1.2 0.1 10,000 Hydrogen Chloride 0.0101 2.3 1.5 0.1 2,100 For the chronic exposure threshold, a “safe” concentration for HAPs rated as a carcinogen was determined based on the unit risk factors published by USEPA in the May 21, 2012 update to Table 1 in the Risk-Based Screening Threshold document and assuming an acceptable excess cancer risk of 1-in-1 million. The potential carcinogens are acetaldehyde, formaldehyde, benzene, and ethylbenzene. For non-carcinogens, the chronic inhalation threshold concentration from the USEPA Risk-Based Screening Threshold document was selected. In the USEPA report, no data are reported for chronic exposures to quinone. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. The chronic HAP modeling results are reported in Table 3-5 below. Table 3-5 MMM HAP Modeling Results – Chronic Impacts Pollutant Max Hourly Emissions (g/sec) Calculated Annual Average HAP Exposure (micrograms/cubic meter) “Safe” Concentration Threshold (micrograms/cubic meter) Receptor: Residence near Trailhead: AERSCREEN = 232.9 ug/ cubic meter Receptor: Stonecrest Drive (3rd House): AERSCREEN = 146.7 ug/ cubic meter Receptor: Lincoln Middle School: AERSCREEN = 13.57 ug/ cubic meter Acetaldehyde* 0.0089 0.207 0.130 0.012 2.2 Formaldehyde* 0.0212 0.494 0.311 0.029 13 Toluene 0.0010 0.024 0.015 0.001 5,000 Benzene* 0.0027 0.062 0.039 0.004 7.80 Ethylbenzene* 0.0016 0.038 0.024 0.002 2.50 Quinone 0.0011 0.025 0.016 0.001 n/a Hydrogen Chloride 0.0014 0.032 0.020 0.002 20 *Denotes HAP pollutants that are carcinogens. For these pollutants, the “safe” concentration represents the threshold for a 1-in-1 million excess cancer risk. Background concentrations for HAPs were not considered in the above modeling analysis. Generally, background concentrations for HAPs are low compared to the “safe” concentration levels; as such, the inclusion of a background level does not significantly alter the modeling results. Background HAP measurements in Fort Collins were derived from a limited set of samples collected by APCD in July 2006 at a site near the Colorado State University Foothills Campus (3414 West Laporte Avenue). Table 3-6 summarizes the limited HAP measurement data from Fort Collins. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. Table 3-6 Background HAP Levels – Fort Collins, Colorado Monitoring Data from Three Samples Collected in July 2006 Samples Collected Near Foothills Campus (3414 West Laporte Ave) Pollutant Sample Concentrations (ppb) Average MW (ppb) (ug/m 3 ) Acetaldehyde 2.73 2.41 3.02 2.72 4.89 44 Formaldehyde 3.55 2.94 4.09 3.53 4.32 30 Toluene 0.788 0.685 1.01 0.83 3.11 92 Benzene 0.433 0.395 0.696 0.51 1.62 78 Hexane As n-hexane 0.276 0.324 0.958 0.52 1.83 86 Xylene As m-xylene/ p-xylene 0.7 0.634 0.725 0.69 2.97 106 Ethylbenzene 0.226 0.149 0.245 0.21 0.90 106 Based on the analysis presented above, the HAP emissions from the MMM Fort Collins asphalt plant have been determined to present no significant risk to public health at nearby receptors frequented by members of the general public. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 4.0 REASONABLY AVAILABLE CONTROL TECHNOLOGY Because of the MMM location in Fort Collins, emissions control for selected pollutants must meet the regulatory definition of “reasonably available control technology” or RACT. The RACT controls are required for nitrogen oxides (NOX) and volatile organic compounds (VOCs), which are precursors to ozone formation. Fort Collins lies within the Colorado Front Range ozone “non-attainment area”, meaning that existing concentrations for ozone do not comply with the National Ambient Air Quality Standards (NAAQS). RACT is also triggered for CO emissions at MMM. Fort Collins is a CO “maintenance area”, meaning that Fort Collins was formerly designated as non-attainment for CO, but is currently in attainment with the NAAQS. The definition of Reasonably Available Control Technology (RACT) is found in the Colorado Air Quality Control Commission Common Provisions Regulation: Technology that will achieve the maximum degree of emission control that a particular source is capable of meeting and that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical, source categories. It is not intended that extensive research and development be conducted before a given control technology can be applied to the source. This does not preclude requiring a short-term evaluation program to permit the application of a given technology to a particular type of source. This report section contains additional information about the proposed MMM controls and considers whether the proposed emission controls listed in the permit constitute RACT. The ARS report covers only VOC and CO emissions. NOX emissions were not reviewed because these emissions are already low (NOX emitted at the MMM asphalt plant only totals 6.5 tons per year) and as such there would be little perceived environmental benefit associated with improved NOX emission controls. 4.1 RACT for VOC Emissions As mentioned previously, MMM has implemented certain voluntary measures aimed at curbing VOC and HAP emissions which have not been explicitly required in the draft air quality permit. These measures are:  Collecting exhaust air from the asphalt product conveyer and recycling this air to the asphalt plant burner for destruction of any associated VOCs and/or HAPs.  Installation of vapor condensers on the liquid asphalt tanks. Figure 4-1 shows a picture of the recycle air collection point on the MMM asphalt product conveyor. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. Figure 4-1. Image of Recycle Air Collection Point at MMM Asphalt Plant Because the above controls have been voluntarily implemented by MMM, it is reasonable to conclude that these measures are reasonably available considering technological and economic feasibility, which is the legal definition of RACT under Colorado’s air quality regulations. The MMM draft air quality permit should be revised to legally require the installation and operation of MMM’s voluntary VOC/HAP pollution control measures as RACT. 4.2 RACT for CO Emissions The draft MMM air permit has established CO emission limits equal to 0.291 lb/ton when the asphalt plant is fired on natural gas and 0.40 lb/ton when the asphalt plant is fired on back-up LPG fuel. As noted above, the AP-42 CO factor for natural gas-fired drum mix asphalt plants is Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 0.13 lb/ton. APCD staff stated to ARS that they believe that the CO AP-42 emissions are not technically achievable and as such, the proposed CO emissions (0.291 lb/ton and 0.40 lb/ton) are RACT because additional emission controls are not cost-effective. However, the MMM permit and APCD’s supporting technical information provided to the public do not provide any substantive support for this RACT claim. Based on the permit record, there is no evidence that APCD in fact evaluated the technical feasibility and cost of any alternative emission controls for the CO RACT analysis. The fact that AP-42 data present significantly lower CO emissions (0.13 lb/ton) suggests that better CO control is indeed technically achievable and likely has been achieved in practice at other asphalt plants. Given this finding, a technical and economic review of improved CO controls should have been performed for the MMM draft permit. Without such an analysis, the CO RACT analysis is deficient. At the request of the AQAB and ESAB, ARS conducted a review of other asphalt plant permits to determine if lower CO emissions are in fact technically achievable. ARS conducted a query using the USEPA RACT/BACT/LAER Clearinghouse (RBLC) that turned up emissions data for two asphalt plants located in Clark County, Nevada (Las Vegas). These data are summarized in Table 4-1. It should be noted that both asphalt plants listed in the RBLC were subject to “best available control technology” (BACT) as the applicable emissions standard and not RACT. However, the selection of lower CO emissions to meet BACT requirements documents the technical feasibility of improved CO emissions control and as such, mandates that such controls be considered as RACT. Table 4-1 RBLC Query Results: Asphalt Concrete Manufacturing Source ID RBLC ID CO Permit Limit (BACT) Nellis Air Force Base NV-0047 0.13 lb/ton, 16.25 lb/hr Aggregate Industries – Sloan Quarry NV-0045 0.10 lb/ton, 45.0 lb/hr ARS also located four recent USEPA permits for asphalt plants located on tribal lands in the western United States. These permits are:  Pioneer Asphalt, Inc. – Permit R10NT502400 (Draft)  Granite Construction Company – Permit R10NT502300 (9/19/2012)  Knife River, Inc. – Permit R10NT502200 (9/19/2012)  Mickelsen Construction, Inc. – Permit R10NT502501 (Draft) For all of the USEPA permits listed above, the CO emissions control was not subject to RACT, BACT, or any other emissions standard. Nevertheless, all permits were issued based on CO emissions at 0.13 lb/ton, which equals the AP-42 emissions value for a natural gas-fired drum mix asphalt plant. However, none of the USEPA permits appear to have required emissions testing for CO, so it is unknown if the 0.13 lb/ton emissions level was actually achieved in practice at any of these facilities. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. In summary, for those cases where asphalt plant emissions control data are posted in the RBLC and in other asphalt plant permits issued by USEPA Region X, the CO emissions are significantly lower than the RACT limit established by APCD in the MMM draft permit. The APCD RACT analysis is deficient without a detailed evaluation of CO emission control options that might lead to better emissions control and lower allowable CO emissions under the permit. A review of asphalt plant permits issued elsewhere would suggest that improved CO controls are technically achievable, so control options to achieve improved CO controls should have been evaluated by APCD for application as RACT. There is no evidence in the MMM permit record that such an analysis was conducted. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 5.0 TECHNICAL COMMENTS ON DRAFT PERMIT This section summarizes possible comments that might be offered by Larimer County and/or the City of Fort Collins with respect to the proposed Martin Marietta Materials asphalt plant permit. HAP Emissions: It appears that the draft permit used the AP-42 toluene factor for drum mix asphalt plants fired on #2 fuel oil. The AP-42 factors for natural gas drum mix asphalt plants were used to calculate HAP emissions for other pollutants. This appears to be an oversight and should be corrected. There are also other HAPs listed in the AP-42 data (AP-42, Table 11.1-10) that have emissions comparable to the HAPs where emissions were calculated. These HAPs are hexane (0.00092 lb/ton), xylene (0.00020 lb/ton), and PAHs (0.00019 lb/ton). It is unknown why these HAPs were not considered by APCD given that the emissions are comparable to other HAPs where emissions were tabulated. General Comment: In assessing the asphalt plant, the APCD appears to have considered only the emissions directly related to the asphalt plant in its analysis. However, MMM owns and operates other air emission sources in the immediate vicinity of the asphalt plant, including an aggregate materials mining and processing operation on the west side of Taft Hill Road immediately to the west of the asphalt plant. Under the Clean Air Act, a “source” is defined as “Any building, structure, facility, equipment, or installation, or any combination thereof belonging to the same industrial grouping that emit or may emit any air pollutant subject to regulation under the Federal Act that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons under common control.” MMM’s other aggregate processing activities located across Taft Hill Road are located on “contiguous or adjacent properties” and should therefore be considered in the assessment of the overall facility emissions. ARS’ understanding is that all of the aggregate used in the asphalt plant comes directly from MMM operations on the west side of Taft Hill Road, so the adjoining operations are “support facilities” and as such, it cannot be claimed that the asphalt plant is part of a separate source based on the differences in Standard Industrial Classification (SIC) code. It is probably unlikely that the added emissions from adjoining MMM operations will alter the minor/major source classification of the asphalt plant, but a complete and accurate analysis requires that these emissions also be considered when determining the total emissions of the “source”. Condition 3, Operating & Maintenance Plan: This permit condition requires that MMM submit an Operating & Maintenance (O&M) Plan for APCD approval. The plan describes the ongoing monitoring and recordkeeping activities that MMM will undertake to document compliance with the terms and conditions of its permit. In essence, any commitments for compliance monitoring and recordkeeping made by MMM in the O&M Plan will become enforceable requirements of the permit. While the O&M Plan is not normally subject to review and comment by the public, due to the sensitivity of emissions to the nearby public in this case, an opportunity for public input on the O&M Plan could be requested to ensure that the approved O&M Plan provides the necessary compliance monitoring and recordkeeping to assure permit compliance. Condition 7, Emissions Control Equipment: This condition lists the pollution control equipment that MMM must employ to abate pollutant emissions to the atmosphere. However, MMM has Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. voluntarily installed additional equipment to mitigate volatile organic compound (VOC) and associated hazardous air pollutant (HAP) emissions, including recycling exhaust air from the asphalt plant outlet conveyor back to the asphalt plant burner along with installing condensers on the liquid asphalt storage tanks. These voluntary measures adopted by MMM to abate emissions should be made enforceable legal requirements through the APCD’s air permit. This will assure that such emissions abatement practices continue going forward. Please also refer to comments on Condition #10 (Odors) and Condition #13 (RACT). Condition 10, Odor Control: This is a general requirement referencing Regulation #2 concerning control and abatement of odors. Given that the MMM asphalt plant has in the past been the subject of odor complaints, additional requirements for abatement of odors should be considered for the air quality permit. The voluntary controls that MMM has applied at the asphalt plant (See Condition 7 above) could be made enforceable requirement on the basis that such controls are needed to assure compliance with Condition 10 and the associated odor requirements under Regulation #2. Condition 13, Reasonably Available Control Technology (RACT) – VOC Emissions: The Fort Collins region lies within the designated non-attainment area for ozone, and new/modified emissions of ozone precursors (including VOCs) within the non-attainment area are required under Regulation #3, Part B, III.E to install reasonably available control technology (RACT) for emissions control. The APCD has determined that “no additional control” meets RACT. However, MMM has voluntarily installed additional control for VOC emissions, including recirculating exhaust air from the asphalt plant product conveyor to the asphalt plant burner and installing condenser equipment on the liquid asphalt tanks. The mere presence of such equipment at the MMM Taft Hill Road facility demonstrates the technical feasibility and economic viability of such emissions controls and therefore mandate that such controls be deemed RACT. As described under Condition #7, the voluntary VOC emission controls implemented by MMM should be classified as RACT and required under Permit Condition 13. Condition 13, Reasonably Available Control Technology (RACT) – CO Emissions: The Fort Collins region lies within the designated attainment-maintenance area for carbon monoxide (CO), and new/modified CO emission sources within this area are required under Regulation #3, Part B, III.E to install reasonably available control technology (RACT) to control emissions. The APCD has determined that “no additional control” meets RACT. However, it is noted that AP-42 listed emissions for CO at natural gas-fired of 0.13 lb/ton, which is less than 50% of the 0.291 lb/ton limit established at Condition 16 of the draft permit. Permits issued in other jurisdictions have also set CO permit limits at the AP-42 emissions value (0.13 lb/ton) or lower. There is no discussion in the permit record as to why lower CO emissions cannot be achieved by MMM, although APCD has claimed in separate communications with ARS staff that the AP-42 CO emission levels are not achievable. Absent any evidence to the contrary, it would be prudent for APCD to find that CO emissions at the listed AP-42 value for natural gas-fired drum mix hot asphalt plants (0.13 lb/ton) represents RACT. Such a limit should be considered for this permit or APCD should provide the technical basis for its decision and these data should be made available for review by the public and other interested parties. This comment also affects the allowable emissions limit for CO contained in Permit Condition 16. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. Condition 14 – O&M Plan: Condition 14 duplicates Condition 3. There is no need to repeat the O&M Plan requirements in the permit. Condition 15 – Opacity Testing: This permit condition requires opacity testing to show compliance with the underlying permit requirements. Since the asphalt plant is approved to operate on both natural gas and LPG as fuel, the opacity testing should be completed for the plant on both approved fuels. Condition 16 – Emissions Testing: This permit condition requires emissions testing to show compliance with the specified limits for emissions of particulate matter (PM), carbon monoxide (CO), and oxides of nitrogen (NOx). Since the asphalt plant is approved to operate on both natural gas and LPG as fuel, the emissions testing should be completed for the plant on both approved fuels. Also, for clarity, the permit should specify whether or not the particulate testing is required to include condensable particulate matter (CPM). The hot exhaust from the baghouse emissions stack suggest that CPM emissions may be present, so the CPM fraction of the PM emissions needs to be regulated even if not otherwise included in the proposed permit limits. Condition 16 – Emissions Testing – HAPs: The draft permit as written does not require any testing for emissions of regulated hazardous air pollutants (HAPs). Generally, without any authority for regulating HAPs at sources within Colorado, emissions are not tested as there is no enforceable emissions limit and/or standard for comparison of the testing results. However, HAP testing could be requested, especially for those HAPs which are known to be carcinogenic (acetaldehyde, formaldehyde, benzene, etc.). This would provide more reliable data from which to make a reliable assessment of the possible impact of these emissions on public health. Condition 21 – Change in Location: It is presumed that the intent of this condition restricts relocating the asphalt plant within the MMM property. If so, the condition should be clarified given that a typical hot asphalt plant is known to change locations on a regular basis. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc. 6.0 SUMMARY & CONCLUSIONS The major findings of the ARS technical review are summarized below.  The emissions data used for the MMM permit are generally supported by AP-42 and other appropriate data. However, the CO emissions used by APCD are higher than the corresponding AP-42 data. APCD claims that historical emissions data do not support the lower emissions reported by AP-42; however, this claim has not been substantiated by APCD. Because Fort Collins is a designated maintenance area, CO emissions are required to meet RACT. AP-42 data along with permits issued to asphalt plants in other jurisdictions suggest that lower CO emissions are in fact achievable and would represent RACT. APCD should require lower CO emissions or better document why the selected CO emissions level is in fact RACT.  MMM has voluntarily adopted emission controls for reduction of VOC and HAP emissions; specifically, recycling exhaust air from the product conveyor to the asphalt plant burner and capturing emissions at the liquid asphalt tanks using condensers. The adoption of these control measures by MMM in fact means that such controls are both technically achievable and economically viable. Any voluntary controls adopted by MMM would meet the criteria for RACT and should be legally required under the air quality permit.  The MMM draft permit used the AP-42 toluene emissions factor for drum mix asphalt plants fired on #2 fuel oil. The AP-42 factors for natural gas drum mix asphalt plants were used to calculate HAP emissions for other pollutants. This appears to be an oversight by APCD and should be corrected. Also, other HAPs listed in the AP-42 data (AP-42, Table 11.1-10) where emissions are comparable to the HAPs calculated by APCD. These HAPs are hexane, xylene, and PAHs. It is unknown why these HAPs were not considered by APCD given that the emissions are comparable to other HAPs where emissions were tabulated. APCD’s permit analysis should be amended to address hexane, xylene, and PAH emissions in addition to the other HAPs.  In assessing the asphalt plant, the APCD appears to have considered only those emissions directly related to the asphalt plant. However, MMM owns and operates other air emission sources in the immediate vicinity of the asphalt plant, including an aggregate materials mining and processing operation on the west side of Taft Hill Road. MMM’s other aggregate processing activities are located on “contiguous or adjacent properties” and should therefore be considered in the assessment of the overall facility emissions. It is unlikely that the added emissions from adjoining MMM operations will alter the minor/major source classification of the asphalt plant, but a complete and accurate analysis by APCD requires that these emissions also be considered when determining the total emissions of the “source”. Martin Marietta Materials Air Permit Review – Technical Report Prepared by D. Howard Gebhart Air Resource Specialists, Inc.  The AERSCREEN modeling for MMM’s CO emissions has been conducted following standard regulatory practices and principles. This modeling also employed several significant conservative assumptions. Although the modeling showed that MMM’s emissions comply with the NAAQS by a small margin, the conservatisms inherent in the modeling study means that MMM’s operations will comply with the NAAQS, very likely with a substantial safety margin.  ARS used APCD’s AERMOD modeling results to make an assessment of potential HAP impacts on public health and the environment. The HAP modeling results from MMM were compared to “safe” concentration levels determined using USEPA’s Risk-Based Screening Approach. ARS’ modeling assessment determined that HAP emissions from MMM’s asphalt plant operations would not cause ambient concentrations above the “safe” concentration levels determined from USEPA data.  Recommendations have been provided for consideration by the ESAB and AQAB on formal comments on the draft MMM air quality permit. This includes making any voluntary pollution control practices adopted by MMM enforceable requirements under the permit. These recommendations are intended to make the final permit more protective of public health and the environment. City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com April 17, 2014 Ms. Kirsten King - Program Manager, Stationary Sources Colorado Department of Public Health & Environment Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80222 RE: Martin Marietta Materials – 1800 North Taft Hill Road, Fort Collins, CO Formal Request for Public Hearing on Draft Air Quality Construction Permit Dear Ms. King, Martin Marietta Materials, Inc. has a pending air quality construction permit application before the Air Pollution Control Division for its hot mix asphalt batch plant, located at 1800 North Taft Hill Road in Fort Collins. The project site is adjacent to the City of Fort Collins City Limits and within the City’s Growth Management Area. Lincoln Middle School and two elementary schools, operated by the Poudre School District, also lie in close proximity to the project site. Approximately 7,000 residents of Fort Collins and Larimer County live within two miles of the plant. In addition, the City of Fort Collins maintains a popular recreational trail along the Cache la Poudre River which abuts the subject property on the south side. Local citizens have approached public officials in the City of Fort Collins and Larimer County expressing concerns related to the pending air quality permit application for the Martin Marietta Materials asphalt plant. Citizens have appeared before the Fort Collins City Council, Larimer County Board of County Commissioners, and the Board of Education for the Poudre School District to express public health concerns related to air emissions from the asphalt plant operations. The City of Fort Collins is being responsive to these concerns within its capacity, however, it does not have jurisdiction regarding the air quality construction permit for Martin Marietta Materials. As the regulatory body responsible for issuing an air quality construction permit to Martin Marietta Materials, it is requested that the Air Pollution Control Division convene a public hearing as part of the required 30-day public comment and review period for the proposed permit. A hearing will provide the citizens of Fort Collins and Larimer County an opportunity to appear before the proper regulatory authority, the Air Pollution Control Division, to express their concerns related to the public health impacts of this facility and to have these concerns addressed prior to issuance of a final permit. Sincerely, Darin Atteberry City Manager cc: Mayor Weitkunat City Councilmembers Resolution Regarding Comments on Martin Marietta Materials Draft Air Permit City Council Meeting September 2, 2014 1 Martin Marietta Materials (MMM) 2 • Hot Mix Asphalt Plant • 1800 Taft Hill Road • Permitted as “Portable Source” • Requested ”Stationary Source” permit through CDPHE – Air Pollution Control Division (APCD) APCD Construction Permits 3 • Completes technical and regulatory review • Prepares draft permit • Publishes draft permit • 30 day comment period ARS Report – Technical Review 4 • Review Draft Air Permit • Review Air Emissions Inventory • Review Air Dispersion Modeling • Assess Potential Public Health Impacts of Hazardous Air Pollutant (HAP) Emissions • Summarize Findings in a Technical Report Air Quality Advisory Board 5 Considered: • CDPHE analysis and permit documentation • ARS Technical Report • May 14 Public listening session comments • MMM plant tour • MMM and Citizen Against Asphalt Toxins information at April 21 AQAB meeting Recommended Comments on Permit 6 I. Correct deficiencies and re-submit Draft Permit for 30 day comment II. Permit Conditions: Emissions Controls • Require existing VOC controls • Odor detection and controls • RACT for Carbon Monoxide (Reasonable Available Control Technology) Public Review of Ops & Maintenance Plan Recommended Comments on Permit (con’t) 7 II. Permit Conditions: Emissions Testing • Hazardous Air Pollutants (HAPS) stack test • Opacity testing, both fuels • Greater frequency of testing; both fuels • Clarify which particulate matter elements to be included Resolution 2014-080 8 RESOLUTION 2014-080, Adopting the Recommendations of the Air Quality Advisory Board Regarding Comments to Colorado Department of Public Health and Environment on the Draft Construction Permit 13LR2446 for Martin Marietta Materials, Inc. Hot Mix Asphalt Plant - 1 - RESOLUTION 2014-080 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE RECOMMENDATIONS OF THE AIR QUALITY ADVISORY BOARD REGARDING COMMENTS TO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON THE DRAFT CONSTRUCTION PERMIT 13LR2446 FOR MARTIN MARIETTA MATERIALS, INC. HOT MIX ASPHALT PLANT WHEREAS, the Colorado Department of Public Health and Environment – Air Pollution Control Division (the “Division”) recently issued a draft Construction Permit No. 13LR2446 on August 4, 2014, for the Martin Marietta Materials, Inc., hot mix asphalt plant located at 1800 North Taft Hill Road (the “Plant Site”); and WHEREAS, the Division has determined that this permitting action is subject to a 30-day public comment period per Colorado Regulation No. 3, Part B, Section III.C., and the public comment period concludes on September 3, 2014; and WHEREAS, Martin Marietta Materials, Inc., is converting its existing air permit for a portable hot mix asphalt plant to a stationary source to be located at the Plant Site for longer than two years; and WHEREAS, the Plant Site is located outside and adjacent to the City of Fort Collins city limits and within the City’s Growth Management Area; and WHEREAS, local citizens have appeared before the Fort Collins City Council, Larimer County Board of County Commissioners, and the Board of Education for the Poudre School District to express public health concerns related to air emissions from the asphalt plant operations; and WHEREAS, the City’s Air Quality Advisory Board (the “Board”) has been actively engaged in reviewing the draft air permit for the Martin Marietta Materials asphalt plant and pursuant to City Code is tasked with advising the City Council regarding policies, plans, and programs to improve and maintain the City's air quality; and WHEREAS, at its regular meeting on August 18, 2014, and subsequent special meeting on August 25, 2014, the Board recommended comments to the City Council for transmission to the Division on the draft Construction Permit No. 13LR2446 as set forth in “Exhibit A,” attached hereto and incorporated herein by this reference; and WHEREAS, the proposed comments recommended by the Board provide a public benefit to the Fort Collins community by advocating for the protection of air quality; and WHEREAS, the City Council wishes to adopt the recommendations of the Board and cause the transmission of its comments to the Division by September 3, 2014. - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby adopts the comments of the Air Quality Advisory Board as set forth in the attached Exhibit A and directs that this Resolution, including the comments, be transmitted to the Colorado Department of Public Health and Environment – Air Pollution Control Division on September 3, 2014. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 2nd day of September, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 Recommendation to the Fort Collins City Council from the City Air Quality Advisory Board regarding Draft Construction Permit issued to Martin Marietta Materials, Inc. August 25, 2014 We are pleased to offer the following comments regarding Draft Construction Permit number 13LR2446 issued to Martin Marietta Materials Inc (MMM). We reviewed the technical report analyzing the Draft Permit, prepared by Air Resource Specialists, Inc., for the City of Fort Collins Environmental Services Department and the Larimer County Department of Health and Environment, dated August 2014. We used the report to assist the Air Quality Advisory Board in preparing our comments below. Our interest lies in the fact that the plant, though not in our city, is immediately adjacent to our city neighborhoods. Residents of these neighborhoods have well-stated concerns about the effect of emissions from this facility on their health and safety. Many of these concerns can and should be better addressed in the permit analyses and permit conditions. Due to the close proximity of many homes and a school, special care needs to be exercised by the State in issuing permits to construct equipment, operate the plant, and maintain emissions compliance at this facility. Consequently, we are requesting that the State air permit(s) to MMM go the extra mile. Using the discretion allowed within the State Air regulations, the APCD can ensure that the MMM facility is an extra-clean model Asphalt Batch Plant. With this in mind, we find the draft permit to be seriously deficient. After correcting these deficiencies, we request that the State issue a second draft construction permit and restart the 30-day comment period to allow review of the additional information. The deficient areas are:  Xylene, hexane, and polycyclic aromatic hydrocarbons (PAH) are hazardous air pollutants for asphalt batch plants that are missing from the analyses. Toluene emissions are incorrectly calculated. The emission factor (EF) listed in AP-42 for hexane is 0.00092 lb/ton, for PAH 0.00019 lb/ton, and for xylene 0.00020 lb/ton. For toluene emitted from the drum mix asphalt source, it appears the draft permit used the AP-42 emission factor for #2 fuel oil rather than for natural gas.  The analysis fails to consider and the draft permit fails to include emissions from the aggregate materials mining and processing operation immediately west of the asphalt plant. The Clean Air Act defines a source as “Any building, structure, facility, equipment, or installation, or any combination thereof belonging to the same industrial grouping that emit or may emit any air pollutant subject to regulation under the Federal Act that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons under common control.” Thus, all operations from mining through asphalt manufacturing should be part of one consolidated permit. Though the materials mining and processing operations 2 primarily emit particulates, proper control of the emissions as a stipulation of the permit would also necessarily help reduce fugitive HAPs that have adhered to the particulates. The net result of such controls will be an overall cleaner facility. We also find that the draft permit did not include several standard and routine permit conditions that if implemented can make MMM a model facility. We strongly recommend that the permit explicitly address each of these additional issues.  Make enforceable all of the control equipment currently operating on the asphalt plant that reduces ozone precursor emissions. MMM is within the Denver/Northern Front Range ozone nonattainment area therefore Reasonably Available Control Technology (RACT) should be required on volatile organic compound (VOC) sources. MMM has installed and is currently successfully operating control equipment to reduce emissions of VOCs and associated hazardous air pollutants including recycling exhaust air from the asphalt plant outlet conveyor back to the asphalt plant burner along with installing condensers on the liquid asphalt storage tanks. The APCD has determined that “no additional control” meets RACT. But MMM is already using these technologies so they have to be considered reasonably available and therefore must clearly constitute RACT. It makes sense then to add these control measures and devices as legally enforceable conditions in the permit.  Make the process for designing and approving the Operating & Maintenance (O&M) Plan open and transparent by requiring notification by the State of the public, the City, and other governmental entities when the plan is submitted to the APCD by MMM, allowing the public to comment on the proposed details prior to APCD approval, and including the final O&M plan in the permit. Key to protecting the community affected by this facility is ensuring that the facility operates within the limits allowed in the permit. Sufficient compliance measures should be employed to ensure that the control equipment is operating properly and that emission testing is done as often as is necessary. This includes the ongoing monitoring and recordkeeping that MMM plans to undertake to document compliance with the terms and conditions of the permit. Completeness is critical since all commitments for compliance monitoring and recordkeeping made by MMM in the O&M Plan will become enforceable requirements of the permit.  Make odor detection, control and abatement measures enforceable. This plant has been and is currently subject to odor complaints. The company has previously responded to these complaints with specific measures. These measures should be included in the permit as legally enforceable conditions.  Include as permit conditions all Reasonably Available Control Technology (RACT) and Reasonably Available Control Measures (RACM) requirements for all sources (point, mobile, and non-point) for all of the operations from mining through asphalt manufacturing, as part of the consolidated permit and O&M Plan described above. 3  APCD should find that CO emission factors listed in AP-42 for natural gas-fired drum mix hot asphalt plants, like MMM, constitute RACT. If this were the case, the permitted CO emission limit for MMM would be lower. MMM lies within a designated attainment-maintenance area for carbon monoxide (CO), where new/modified CO emission sources are required under Regulation #3, Part B, III.E to install reasonably available control technology (RACT). The APCD has determined that for MMM, “no additional control” meets RACT. Yet AP-42 shows a CO emission factor for a natural gas-fired facility of 0.13 lb/ton. This is less than half the 0.291 lb/ton emission factor established in the draft permit. Unless APCD can defend its decision, the more stringent emission factor and emission limit should be used.  The permit should require that this specific source be tested to confirm the presence and emission rate of hazardous air pollutants, especially those known to be carcinogenic. The key concerns of residents in proximity to this facility are the HAPs. Though we recognize that the State has limited authority over HAPs and their control, confirming the actual HAPs emissions from the facility would substantially help inform everyone about the level of threat. HAPs quantification is required in some other states. For example, in North Carolina, in 1999 the Division of Air Quality issued an asphalt plant permitting policy, which requires new and modified asphalt plant applications to quantify all 97 Toxic Air Pollutants (TAPs) emitted to determine the need for air toxics permit limits using EPA AP-42 emissions. If the emissions of a specific TAP are below their regulatory threshold in NC Regulation 15A NCAC 2Q.0711, an air quality permit is not required. If the TAP emissions exceed its threshold, a dispersion modeling demonstration must be performed. The results of this model must show that the emissions are below the acceptable ambient level (AAL) listed in NC Regulation 15A NCAC 2D.1104, and air quality permit emission limit, for the respective TAP not to exceed the AAL, is required. See http://www.ncair.org/toxics/asphalt/ )  Opacity testing should be conducted using both fuels (natural gas and LPG) approved in the permit.  Emissions tests should be completed on a regular cycle for the plant on both approved fuels, natural gas and LPG. For example, in some other states, annual testing of equipment is required. For example, Arizona’s General Permit for Hot Mix Asphalt Plants requires that, if any equipment has emission limits specified for any criteria pollutants, the Permittee is required to conduct performance tests once every year. (See: http://azdeq.gov/calendar/sveugp_hmap.pdf, page 24.)  The permit should specify whether or not the particulate testing is required to include condensable particulate matter (CPM). The hot exhaust from the baghouse emissions stack suggest that CPM emissions may be present, so the CPM fraction of the PM emissions needs to be regulated even if not otherwise included in the proposed permit limits. PM2.5 2.3476 Division Derived 0.00454 Division Derived NOx 0.0260 AP-42 0.0260 AP-42 CO 0.4000 AP-42 0.4000 AP-42 VOC 0.0320 AP-42 0.0320 AP-42