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HomeMy WebLinkAboutMemo - Mail Packet - 3/3/2015 - Information From Darin Atteberry Re: Memorandum From Jeff Mihelich Re: Martin Marietta Materials Asphalt Plan Memorandum Of Understanding (Mou)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 MEMORANDUM DATE: February 26, 2015 TO: Darin Atteberry, City Manager FROM: Jeff Mihelich, Deputy City Manager RE: Martin Marietta Materials Asphalt Plant Memorandum of Understanding (MOU) We have great news. We have come to terms with Martin Marietta on a Memorandum of Understanding on the 1800 North Taft Hill Road Asphalt Plant. Martin Marietta has agreed to a number of improvements to the asphalt plant itself that will reduce emissions. They’ve also agreed to allow City staff to review all of their emissions reports on a periodic basis. Also, they agreed to conduct additional stack tests to ensure that their emissions are within acceptable ranges and they will also be making aesthetic improvements to the site such as landscaping and berming. The MOU would also require City staff to recommend that Council amend the Traffic Code to require covered loads. Also, all City trucks entering and exiting the Taft Hill site would be required to come from the north. While Citizens Against Asphalt Toxins (CAAT) is not a party of this MOU, they do support its provisions. Attached is a copy of the MOU. Staff will provide a brief staff report regarding this issue at the March 3, 2015 City Council meeting. After this, you will be presented with the MOU to sign. Please let me know if you have any questions. /sek Attachment February 26, 2015 TO: Mayor & City Council FROM: Darin Atteberry FYI /sek Page 1 of 3 Final Memorandum of Understanding This Memorandum of Understanding shall memorialize the intent of the City of Fort Collins, CO (the City), Martin Marietta Materials, Inc. (MMM) regarding the Asphalt Plant located at 1800 North Taft Hill Road, Fort Collins, CO. Background: This MOU was signed by MMM and the City after a final meeting held on February 11, 2015 at City Hall, 300 LaPorte Ave., Fort Collins Attendees: Jeff Mihelich, Deputy City Manager Karen Cumbo, Director of Planning, Development & Transportation Melissa Hovey, Senior Environmental Planner Karen Hare, Citizens Against Asphalt Toxins Dr. Kevin Pass, Citizens Against Asphalt Toxins David Lemesany, Martin Marietta Materials, Inc. Kenneth Ball, Martin Marietta Materials, Inc. After weeks of discussions, the City and Martin Marietta have agreed to the following. Martin Marietta Materials, Inc.: 1. Agrees to make data available to the City of Fort Collins as follows:  Allow the City to view the compliance testing and sampling data, required under conditions 15 and 16 in Permit No. 13LR2446, at the time it is submitted to the Colorado Department of Public Health and Environment (CDPHE).  Allow the City to view the operating and maintenance (O&M) plan along with the recordkeeping format, required under condition 14 in Permit No. 13LR2446, at the time of submittal to CDPHE.  Provide a hard copy of the Final Permit No. 13LR2446 to the City.  Allow the City to view daily, monthly and annual records of the plant’s production. The data will include: o Daily start-up and shutdown times o Production temperatures o Baghouse pressures o Daily and monthly production rates and tons per hour o Rolling 12 month production rates o Monthly emissions calculated from recorded production, i.e.:, PM, PM10, PM2.5, NOx, CO, VOC and SO2 o Malfunctions and remedy o Emission control devise maintenance records Page 2 of 3 o Opacity observations and reports o Recycled asphalt (RAP) use as percent of production.  Data will be available to a City representative once per quarter and will be scheduled no later than 24 hours in advance. Data will be made available at the Martin Marietta office located at 1800 North Taft Hill Road, Fort Collins, CO. No records will be allowed to leave the premises and no copies of records will be made. 2. Commits to Reduce Emissions as follows:  Comply with 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), and to all general terms and conditions included in Permit No. 13LR2446 Issuance 1.  Install vertical liquid asphalt cement (AC) storage tanks by June 30, 2015  Install new high efficiency hot oil heater by June 30, 2015.  Perform stack testing on the main stack every 3 years using EPA approved methods for particulate matter, carbon monoxide, and oxides of nitrogen emissions as outlined in Permit No. 13LR2446 Issuance 1. In addition, MMM agrees to perform stack testing and analysis every three years for total volatile organic compounds (VOCs) using EPA method 25A or equivalent. MMM also agrees to perform initial stack testing and analysis for the following compounds, at the same time as initial compliance testing required under Permit No. 13LR2446, using test methods referenced in 40 CFR Parts 60 & 62 Appendix A methods 1, 2, 3A, 5, 18, 202 and 320 or equivalent: o Formaldehyde o Hexane o Toluene o Benzene o Ethyl benzene  To improve potential fugitive emissions, on-site haul roads leading to or from the asphalt plant loading facility will be paved by June 30, 2015.  Continue to implement the established response protocol when investigating any odor concerns.  Establish the entire asphalt plant site as a “no idle zone.”  Require all asphalt trucks to cover loads when leaving the plant site.  All newly purchased diesel engines and equipment including plant loader and trucks will be Tier 4 compliant. All engines will be equipped with automatic idle control.  Continue to utilize natural gas as the main source of burner fuel.  Use a hand held gas analyzer to ensure burner efficiency.  MMM will not use (RAS) shingles or (RTA) recycled tires at this facility for the manufacturing of HMA.  Conduct monitoring of employees’ health every 2 years, including testing for PM and soluble benzene.  Sweep the bike lanes along Taft Hill Rd. from the bridge over the Poudre River south to the top of the hill near Stonecrest Drive two times a month or when needed.  Maintain drainage under stockpiles and yard.  Continue to look for reasonable solutions to improve asphalt plant performance Page 3 of 3 3. Potential Site Improvements:  Install landscaping and fencing to improve visual impact of the plant from Taft Hill Road.  Upgrade REA power lines from CR 54G south at an approximate cost of $300,000. Upgrade will improve distribution of electricity for immediate surrounding communities. City of Fort Collins: 1. Per the direction of City Council, City staff shall promptly prepare and present an amendment to the City of Fort Collins Traffic Code to require all trucks carrying aggregate, asphalt or sand to be covered when traveling on City streets. Approval of the amendment is in the City Council’s discretion. 2. Will modify its asphalt purchasing specifications for purchases made from the Martin Marietta Asphalt Plant on North Taft Hill Road to require all trucks used for City work associated with that contract to enter and exit the 1800 North Taft Hill Road site from the North to CR 54G. Subject to negotiation of a mutually agreeable change order or contract amendment between the City and MM. By signature the parties hereby affirm the statements made herein. ____________________ ________________________ Darin Atteberry, City Manager City of Fort Collins Date ____________________ _________________________ David L. Lemesany Date Regional VP/GM Asphalt & Paving | Rocky Mountain Division Martin Marietta Materials, Inc.