HomeMy WebLinkAboutAQ_F_0800018_20210203_PRMT_Permit ROY COOPER srnrE�
Governor
MICHAEL S.REGAN ;a
Secretary -
Mttq.11. k
MICHAEL A.ABRACZINSKAS NORTH CAROLINA
Director Environmental Quality
February 3, 2021
Mr. Brent Wood
Vice President of Legal Affairs
FSC II, LLC - Windsor Asphalt Plant
701 Corporate Center Drive
Suite 101
Raleigh,NC 27607
Subject: Air Permit No. 03707R19
FSC II, LLC - Windsor Asphalt Plant
Lewiston Woodville, Bertie County,North Carolina
Permit Class: Synthetic Minor
Facility ID#0800018
Dear Mr. Wood:
In accordance with your completed application received November 10, 2020, we are
forwarding herewith Permit No. 03707R19 to FSC II, LLC -Windsor Asphalt Plant, Lewiston
Woodville, Bertie County,North Carolina for the construction and operation of air emissions
sources or air cleaning devices and appurtenances.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request a formal adjudicatory hearing within 30 days following receipt of this
permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of
the entire permit. This hearing request must be in the form of a written petition, conforming to G.S.
150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. The form for requesting a formal
adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings.
Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and
binding.
You may request modification of your air permit through informal means pursuant to G.S.
15013-22. This request must be submitted in writing to the Director and must identify the specific
provisions or issues for which the modification is sought. Please note that the permit will become
final and binding regardless of a request for informal modification unless a request for a hearing is
also made under G.S. 15013-23.
Unless exempted by a condition of this permit or the regulations, construction of new
air pollution sources or air cleaning devices, or modifications to the sources or air cleaning
devices described in this permit must be covered under a permit issued by the Division of Air
Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may
North Carolina Department of Environmental Quality I Division of Air Quality
D_E Washington Regional Office 1943 Washington Square Mall I Washington,NC 27889
NORTH CAR ININA
Depwimnentol EnWronmemal Quality 252.946.6481 T 1 252.975.3716 F
Brent Wood
February 3, 2021
Page 2
subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143-
215.114B.
This permit shall be effective from February 3, 2021 until February 28, 2025, is
nontransferable to future owners and operators, and shall be subject to the conditions and limitations
as specified therein.
Changes have been made to the permit stipulations. The Permittee is responsible for
carefully reading the entire permit and evaluating the requirements of each permit
stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations
and restrictions set forth in this permit. Noncompliance with any permit condition is grounds
for enforcement action, for permit termination, revocation and reissuance, or modification, or
for denial of a permit renewal application. Should you have any questions concerning this matter,
please contact Yongcheng Chen at 252-948-3831.
Sincerely,
Betsy Huddleston, Regional Supervisor
Division of Air Quality,NC DEQ
Enclosures
c: Washington Regional Office
(SharePoint\Facilities\Bertie08\00018\08A00018 SMR 19)
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF AIR QUALITY
AIR PERMIT NO. 03707R19
Issue Date: February 3, 2021 Effective Date: February 3, 2021
Expiration Date: February 28, 2025 Replaces Permit: 03707R18
To construct and operate air emission source(s) and/or air cleaning device(s), and for the
discharge of the associated air contaminants into the atmosphere in accordance with the provisions
of Article 2 1 B of Chapter 143, General Statutes of North Carolina(NCGS) as amended, and other
applicable Laws, Rules and Regulations,
FSC II, LLC - Windsor Asphalt Plant
129 County Farm Road(SR 1527)
Lewiston Woodville, Bertie County,North Carolina
Permit Class: Synthetic Minor
Facility ID# 0800018
(the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air
cleaning devices and appurtenances described below:
Emission Emission Source Control Control System
Source ID Description System ID Description
Nos.2 and 4/Nos.2 and 4 equivalent waste fuel oil-
fired batch asphalt plant,250 tons per hour maximum
ES-1 production capacity,84 million Btu per hour maximum 24768, Simple cyclone(120 in),
heat input,allowed to utilize recycled,post consumer Ra-15-60 Bagfilter(11,466 sq ft)
waste,asphalt(asbestos-free)shingles as an option in
the mix
GS3630AR/HC 50 TPH asphalt and concrete crusher N/A N/A
in accordance with the completed application 0800018.17A received November 10, 2020 including
any plans, specifications,previous applications, and other supporting data, all of which are filed
with the Department of Environmental Quality, Division of Air Quality (DAQ) and are incorporated
as part of this permit.
This permit is subject to the following specified conditions and limitations including any
TESTING, REPORTING, OR MONITORING REQUIREMENTS:
Permit No. 03707R19
Page 2
A. SPECIFIC CONDITIONS AND LIMITATIONS
1. Any air emission sources or control devices authorized to construct and operate above must
be operated and maintained in accordance with the provisions contained herein. The
Permittee shall comply with applicable Environmental Management Commission
Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter
2D .0202, 2D .0506, 2D .0515, 2D .0516, 2D .0521, 2D .0535, 2D .0540, 2D .0605, 2D
.0611, 2D .1806, 2Q .0311, 2Q .0315 and 2Q .0317.
2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee,
at least 90 days prior to the expiration date of this permit, shall request permit renewal by
letter in accordance with 15A NCAC 2Q .0304(d) and(f). Pursuant to 15A NCAC 2Q
.0203(i), no permit application fee is required for renewal of an existing air permit (without
a modification request). The renewal request(with AA application form) should be
submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration
date of this permit, the Permittee shall submit the air pollution emission inventory report
(with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C.
General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ
and shall document air pollutants emitted for the 2023 calendar year.
3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0506
"Particulates from Hot Mix Asphalt Plants,"
a. Particulate matter emissions resulting from the operation of a hot mix asphalt plant
shall not exceed allowable emission rates. The allowable emission rates are, as
defined in 15A NCAC 2D .0506, a function of the process weight rate and shall be
determined by the following equation(calculated to three significant figures), where
P is the process throughput rate in tons per hour(tons/hr) and E is the allowable
emission rate in pounds per hour(lbs/hr).
E=4.9445 * (P) 0.4171 for P < 300 tons/hr, or
E= 60 lbs/hr for P >=300 tons/hr
b. Visible emissions from stacks or vents at a hot mix asphalt plant shall be less than 20
percent opacity when averaged over a six-minute period.
c. Fugitive dust emissions shall be controlled as required by 15A NCAC 2D .0540
"Particulates From Fugitive Dust Emission Sources."
d. Fugitive emissions for sources at a hot mix asphalt plant not covered elsewhere
under this Rule shall not exceed 20 percent opacity averaged over six minutes.
e. All hot mix asphalt batch plants shall be equipped with a scavenger process dust
control system for the drying, conveying, classifying, and mixing equipment. The
scavenger process dust control system shall exhaust through a stack or vent and shall
be operated and maintained in such a manner as to comply with the allowable
particulate emission rate and opacity limit of this Rule.
Permit No. 03707R19
Page 3
4. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0515
"Particulates from Miscellaneous Industrial Processes," particulate matter emissions from
the emission sources shall not exceed allowable emission rates. The allowable emission rates
are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be
determined by the following equation(s), where P is the process throughput rate in tons per
hour(tons/hr) and E is the allowable emission rate in pounds per hour(lbs/hr).
E=4.10 * (P) 0.17 for P <= 30 tons/hr, or
E= 55 * (P) 0-"- 40 for P >30 tons/hr
5. SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0516
"Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the
combustion sources shall not exceed 2.3 pounds per million Btu heat input.
6. VISIBLE EMISSIONS CONTROL REQUIREMENT -As required by 15A NCAC 2D
.0521 "Control of Visible Emissions," visible emissions from the emission sources,
manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged
over a six-minute period, except that six-minute periods averaging not more than 87 percent
opacity may occur not more than once in any hour nor more than four times in any 24-hour
period. However, sources which must comply with 15A NCAC 2D .0524 "New Source
Performance Standards" or .I 110 "National Emission Standards for Hazardous Air
Pollutants" must comply with applicable visible emissions requirements contained therein.
7. NOTIFICATION REQUIREMENT -As required by 15A NCAC 2D .0535, the Permittee of
a source of excess emissions that last for more than four hours and that results from a
malfunction, a breakdown of process or control equipment or any other abnormal
conditions, shall:
a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time
of the Division's next business day of becoming aware of the occurrence and
describe:
i. the name and location of the facility,
ii. the nature and cause of the malfunction or breakdown,
iii. the time when the malfunction or breakdown is first observed,
iv. the expected duration, and
V. an estimated rate of emissions.
b. Notify the Director or his designee immediately when the corrective measures have
been accomplished.
This reporting requirement does not allow the operation of the facility in excess of
Environmental Management Commission Regulations.
Permit No. 03707R19
Page 4
8. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540
"Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow
fugitive dust emissions to cause or contribute to substantive complaints or excess visible
emissions beyond the property boundary. If substantive complaints are received or excessive
fugitive dust emissions from the facility are observed beyond the property boundaries for six
minutes in any one hour(using Reference Method 22 in 40 CFR, Appendix A), the owner or
operator may be required to submit a fugitive dust plan as described in 2D .0540(f).
"Fugitive dust emissions" means particulate matter that does not pass through a process
stack or vent and that is generated within plant property boundaries from activities such as:
unloading and loading areas,process areas stockpiles, stock pile working,plant parking lots,
and plant roads (including access roads and haul roads).
9. TESTING REQUIREMENT -Under the provisions of North Carolina General Statute 143-
215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall demonstrate
compliance with the emission limit(s)by testing the emission source(s) for the specified
pollutant(s) as follows:
Target
Affected Source(s) Pollutant Parameter Test Method
(ES-1)
Nos. 2 and 4/Nos. 2 and 4 equivalent
waste fuel oil-fired batch asphalt plant,
250 tons per hour maximum production DAQ
90 mg/dscm
capacity, 84 million Btu per hour PM(TSP) (0 Approved
maximum heat input, allowed to utilize .04 gr/dscf) Method
recycled,post consumer waste, asphalt
(asbestos-free) shingles as an option in the
mix
(ES-1)
Nos. 2 and 4/Nos. 2 and 4 equivalent
waste fuel oil-fired batch asphalt plant,
250 tons per hour maximum production DAQ
capacity, 84 million Btu per hour PM(TSP) 2D .0506 limit Approved
maximum heat input, allowed to utilize Method
recycled,post consumer waste, asphalt
(asbestos-free) shingles as an option in the
mix
a. The Permittee shall arrange for air emission testing protocols to be provided to the
DAQ prior to testing. Testing protocols are not required to be pre-approved by the
DAQ prior to testing. The DAQ shall review testing protocols for pre-approval prior
to testing if requested by the Permittee at least 45 days before conducting the test.
b. To afford the Regional Supervisor, DAQ, the opportunity to have an observer
present, the Permittee shall PROVIDE the Regional Office, in WRITING, at least 15
days notice of any required performance test(s).
Permit No. 03707R19
Page 5
c. Two copies of the test results must be submitted to the Regional Supervisor, DAQ, in
accordance with the approved procedures of the Environmental Management
Commission by March 3, 2028.
d. This permit may be revoked, with proper notice to the Permittee, or enforcement
procedures initiated, if the results of the test(s) indicate that the facility does not meet
applicable limitations.
e. The source shall be responsible for ensuring, within the limits of practicality, that the
equipment or process being tested is operated at or near its maximum normal
production rate, or at a lesser rate if specified by the Director or his delegate.
f. All associated testing costs are the responsibility of the Permittee.
10. FABRIC FILTER REQUIREMENTS including cartridge filters, baghouses, and other dry
filter particulate collection devices -As required by 15A NCAC 2D .0611, particulate matter
emissions shall be controlled as described in the permitted equipment list.
a. Inspection and Maintenance Requirements - To comply with the provisions of this
permit and ensure that emissions do not exceed the regulatory limits, the Permittee
shall perform, at a minimum, an annual (for each 12 month period following the
initial inspection) internal inspection of each particulate collection device system. In
addition, the Permittee shall perform periodic inspections and maintenance as
recommended by the equipment manufacturer.
b. Recordkeeping Requirements - The results of all inspections and any variance from
manufacturer's recommendations or from those given in this permit(when
applicable) shall be investigated with corrections made and dates of actions recorded
in a logbook. Records of all maintenance activities shall be recorded in the logbook.
The logbook(in written or electronic format) shall be kept on-site and made
available to DAQ personnel upon request.
11. CYCLONE REQUIREMENTS -As required by 15A NCAC 2D .0611, particulate matter
emissions shall be controlled as described in the permitted equipment list.
a. Inspection and Maintenance Requirements - To comply with the provisions of this
permit and ensure that emissions do not exceed the regulatory limits, the Permittee
shall perform an annual(for each 12 month period following the initial inspection)
inspection of the cyclone system. In addition, the Permittee shall perform periodic
inspections and maintenance (I&M) as recommended by the manufacturer.
b. Recordkeeping Requirements - The results of all inspections and any variance from
the manufacturer's recommendations or from those given in this permit(when
applicable) shall be investigated with corrections made and dates of actions recorded
in a cyclone logbook. Records of all maintenance activities shall be recorded in the
logbook. The cyclone logbook(in written or electronic format) shall be kept on-site
and made available to DAQ personnel upon request.
Permit No. 03707R19
Page 6
12. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A
NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not
operate the facility without implementing management practices or installing and operating
odor control equipment sufficient to prevent odorous emissions from the facility from
causing or contributing to objectionable odors beyond the facility's boundary.
13. NOTIFICATION REQUIREMENT -As required by 15A NCAC 2Q .0311 "Permitting of
Facilities at Multiple Temporary Sites," within 15 days after the initial installation and at
least ten days before each relocation of any portable plant, the Permittee shall provide
written notice to the Regional Supervisor, DAQ. This written notice shall include the
following:
a. The installation or relocation dates;
b. A list of the equipment affected by the installation or relocation;
c. The county in which the equipment was installed or to which the equipment was
relocated; and
d. The county from which the equipment was relocated(if applicable).
If the portable plant is relocated to a county under the responsibility of a different Regional
Supervisor, then the Permittee shall provide such written notice to the Regional Supervisors
responsible for both the county from which the equipment was relocated and the county to
which the equipment was relocated.
14. LIMITATION TO AVOID 15A NCAC 2Q .0501 - Pursuant to 15A NCAC 2Q .0315
"Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of
Section and Requirement for a Permit," as requested by the Permittee, facility-wide
emissions shall be less than the following:
Pollutant Emission Limit
(Tons per consecutive 12-month period)
PM10 100
SO2 100
NOx 100
VOC 100
CO 1 100
Individual HAPsl 10
Total HAPs 1 25
a. Operations Restrictions - To ensure emissions do not exceed the limitations above,
the following restrictions shall apply:
i. If multiple fuels are used, emissions should be determined using the sum of
the individual emissions rates.
Permit No. 03707R19
Page 7
b. Recordkeeping Requirements
i. The Permittee shall record monthly and total annually the following:
A. S02, CO. and NOx emissions.
ii. Fuel supplier certification shall be kept on-site and made available to DAQ
personnel upon request.
iii. A log book shall be kept on site for control devices and made available to
Division of Air Quality personnel upon request. The Permittee shall record
all inspection, maintenance and monitoring requirements listed above in the
log book. Any variance from the manufacturer's recommendations shall be
investigated with corrections made and date of actions recorded in the log
book.
c. Reporting Requirements - Within 30 days after each calendar year, regardless of the
actual emissions, the Permittee shall submit the following:
i. emissions and/or operational data listed below. The data should include
monthly and 12 month totals for the previous 12 month period.
15. RECYCLED ASPHALT SHINGLE REQUIREMENTS - In accordance with Rule 2Q
.0317, the Permittee is avoiding the applicability of Rule 2Q .0700 and 2D .1100 for
asbestos, and 40 CFR 61, Subpart M,National Emission Standard for Asbestos by using
post-consumer reclaimed asphalt roofing shingles (also known as PRAS and herein denoted
as recycled shingles) which are equivalent to their virgin or unadulterated counterparts. The
Permittee is allowed to use the recycled shingles and associated asphalt roofing materials
provided the following conditions are met:
Specifications - The recycled shingles shall be considered equivalent to unadulterated
asphalt and aggregate for use in manufacturing of asphalt concrete by meeting the following
criteria:
The recycled shingles and roofing materials are certified to be free of asbestos containing
material (ACM). ACM is defined as materials containing more than one percent(I %) of
asbestos. This certification shall be provided by demonstration that the materials sampled
are representative of the recycled asphalt roofing materials and contain less than I percent
asbestos or are certified to be asbestos free as measured by the method specified in
appendix E, 40 CFR 763, Section 1,polarized light microscopy (PLM). Certification shall
be provided by NC-accredited Asbestos Inspectors or Roofing Supervisors to sample the
PRAS to meet the above criteria. Accreditation shall be obtained through the Division of
Public Health's Health Hazards Control Unit.
a. The Permittee is responsible for ensuring that the recycled shingles and roofing
materials, as used at the site, meet the approved criteria for unadulterated materials
including meeting minimum sampling criteria as specified by best practices. These
practices shall include visual inspection of each load for suspect ACM and a
Permit No. 03707R19
Page 8
sampling of at least one sample event per 100 tons of recycled shingles received for
processing.
i. Each load or batch of recycled asphalt roofing materials purchased from or
provided by an outside vendor shall include a certification that the material
does not contain ACM and that it was tested in accordance with the best
practices specified above, or
ii. If certification of the incoming recycled shingle material is not provided at
delivery by an outside vendor, the Permittee shall arrange for testing and
certification of the material as not being ACM, meeting the specifications
outlined above, prior to use in the process. The Permittee shall arrange for the
results of such sampling and testing to be provided in a manner and form
consistent with meeting the recordkeeping requirements cited below.
b. The Permittee is held responsible for any discrepancies discovered by DAQ as a
result of any sampling and analysis of the recycled shingles and asphalt roofing
materials.
c. Recordkeeping Requirements - The Permittee shall maintain certifications that the
materials received and used are not ACM. These certifications shall be maintained at
the facility for a minimum of three years, and shall be made available to
representatives of the DAQ upon request. In addition, accurate records of the
following:
i. The actual amount of recycled shingles delivered to and used at the facility in
the production of asphalt concrete pavement.
ii. Each load or batch of recycled shingles shall include the following:
A. A delivery manifest document clearly showing the shipment content
and amount, its place and date of loading, and place and date of
destination.
B. A batch specific analytical report that contains an analysis for all
constituents/properties listed above in the specification. Analytical
results of the samples representative of the recycled shingles/roofing
materials shipment from the vendor shall be no more than one year
old when received.
C. Batch signature information consisting of the following: a batch
number,batch weight or volume of recycled shingles/roofing
materials delivered.
D. A certification statement indicating that the recycled shingles were
sampled in accordance with best practices and tested according to
appendix E, 40 CFR 763, Section 1 and do not contain ACM or are
otherwise asbestos-free as determined by PLM prior to grinding.
Permit No. 03707R19
Page 9
d. The Permittee shall be obligated to comply with any additional regulations or obtain
any additional permits associated with the receipt and/or storage of the recycled
asphalt roofing materials. This permit condition to use these materials in the asphalt
concrete manufacturing process creates no waiver from other applicable laws and
regulations.
e. The DAQ reserves the right to require additional testing and/or monitoring of the
recycled shingles/roofing materials in accordance with Rule 2Q. 0317.
16. VENDOR SUPPLIED RECYCLED No(s). 2 FUEL OIL REQUIREMENTS - In accordance
with Rule 2Q .0317, the Permittee is avoiding the applicability of Rule 2Q .0700 by using
recycled fuels which are equivalent to their virgin counterparts. The Permittee is allowed to
use the recycled fuel oil(s) as follows:
a. Specifications - The recycled fuel oil(s) shall be equivalent to unadulterated fossil
fuel by meeting the following criteria:
Constituent/Property lAllowable Level
Arsenic 1.0 ppm maximum
Cadmium 2.0 ppm maximum
Chromium 5.0 ppm maximum
Lead F100 ppm maximum
Total Halogens 1000 ppm maximum
Flash Point
No. 2 100°F minimum
No. 4 130°F minimum
Sulfur
No. 2 [20%
5%maximum (by weight)
No. 4 maximum(by weight)
Ash 1.0%maximum
b. The Permittee is responsible for ensuring that the recycled fuel oil(s), as received at
the site, meet(s)the approved criteria for unadulterated fuel. The Permittee is held
responsible for any discrepancies discovered by DAQ as a result of any sampling and
analysis of the fuel oil(s).
c. Recordkeepin�Requirements - The Permittee shall maintain at the facility for a
minimum of three years, and shall make available to representatives of the DAQ
upon request, accurate records of the following:
i. The actual amount of recycled fuel oil(s) delivered to, and combusted at the
facility on an annual basis.
ii. Each load of recycled fuel oil received shall include the following:
Permit No. 03707R19
Page 10
A. A delivery manifest document clearly showing the shipment content
and amount, its place and date of loading, and place and date of
destination.
B. A batch specific analytical report that contains an analysis for all
constituents/properties listed above. Analytical results of the samples
representative of the recycled oil shipment from the vendor shall be
no more than one year old when received.
C. Batch signature information consisting of the following: a batch
number, tank identification with batch volume of recycled oil, date
and time the batch completed treatment, and volume(s) delivered.
D. A certification indicating that the recycled fuel oil does not contain
detectable PCBs (<2ppm).
d. Reporting Requirements - Within 30 days after each calendar year, regardless of the
amount received or combusted, the Permittee shall submit in writing to the Regional
Supervisor, DAQ, the following:
i. A summary of the results of the analytical testing for the previous 12 months.
ii. The total gallons of recycled fuel oil(s) from each approved vendor
combusted at the facility for the previous 12 months.
e. The DAQ reserves the right to require additional testing and/or monitoring of the
recycled fuel oil(s) on an annual basis or without notice.
Permit No. 03707R19
Page 11
B. GENERAL CONDITIONS AND LIMITATIONS
1. In accordance with G.S. 143-215.108(c)(1), TWO COPIES OF ALL DOCUMENTS,
REPORTS, TEST DATA, MONITORING DATA,NOTIFICATIONS, REQUESTS FOR
RENEWAL, AND ANY OTHER INFORMATION REQUIRED BY THIS PERMIT shall
be submitted to the:
Regional Supervisor
North Carolina Division of Air Quality
Washington Regional Office
943 Washington Square Mall
Washington,NC 27889
252-946-6481
For identification purposes, each submittal should include the facility name as listed on the
permit, the facility identification number, and the permit number.
2. RECORDS RETENTION REQUIREMENT - In accordance with 15A NCAC 2D .0605,
any records required by the conditions of this permit shall be kept on site and made available
to DAQ personnel for inspection upon request. These records shall be maintained in a form
suitable and readily available for expeditious inspection and review. These records must be
kept on site for a minimum of 2 years, unless another time period is otherwise specified.
3. ANNUAL FEE PAYMENT -Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay
the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a
timely manner will cause the DAQ to initiate action to revoke the permit.
4. EQUIPMENT RELOCATION- In accordance with 15A NCAC 2Q .0301, a new air permit
shall be obtained by the Permittee prior to establishing, building, erecting, using, or
operating the emission sources or air cleaning equipment at a site or location not specified in
this permit.
5. REPORTING REQUIREMENT - In accordance with 15A NCAC 2Q .0309, any of the
following that would result in previously unpermitted, new, or increased emissions must be
reported to the Regional Supervisor, DAQ:
a. changes in the information submitted in the application regarding facility emissions;
b. changes that modify equipment or processes of existing permitted facilities; or
c. changes in the quantity or quality of materials processed.
If appropriate, modifications to the permit may then be made by the DAQ to reflect any
necessary changes in the permit conditions. In no case are any new or increased emissions
allowed that will cause a violation of the emission limitations specified herein.
6. In accordance with 15A NCAC 2Q .0309, this permit is subject to revocation or
modification by the DAQ upon a determination that information contained in the application
or presented in the support thereof is incorrect, conditions under which this permit was
granted have changed, or violations of conditions contained in this permit have occurred. In
Permit No. 03707R19
Page 12
accordance with G.S. 143-215.108(c)(1), the facility shall be properly operated and
maintained at all times in a manner that will effectuate an overall reduction in air pollution.
Unless otherwise specified by this permit, no emission source may be operated without the
concurrent operation of its associated air cleaning device(s) and appurtenances.
7. In accordance with G.S. 143-215.108(c)(1), this permit is nontransferable by the Permittee.
Future owners and operators must obtain a new air permit from the DAQ.
8. In accordance with G.S. 143-215.108(c)(1), this issuance of this permit in no way absolves
the Permittee of liability for any potential civil penalties which may be assessed for
violations of State law which have occurred prior to the effective date of this permit.
9. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the
responsibility of complying with all applicable requirements of any Federal, State, or Local
water quality or land quality control authority.
10. In accordance with 15A NCAC 2D .0605, reports on the operation and maintenance of the
facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such
intervals and in such form and detail as may be required by the DAQ. Information required
in such reports may include, but is not limited to,process weight rates, firing rates, hours of
operation, and preventive maintenance schedules.
11. A violation of any term or condition of this permit shall subject the Permittee to enforcement
pursuant to G.S. 143-215.114A, 143-215.11413, and 143-215.114C, including assessment of
civil and/or criminal penalties.
12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or
access to any authorized representative of the DAQ who requests entry or access for
purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such representative while in the process of carrying
out his official duties. Refusal of entry or access may constitute grounds for permit
revocation and assessment of civil penalties.
13. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the
responsibility of complying with any applicable Federal, State, or Local requirements
governing the handling, disposal, or incineration of hazardous, solid, or medical wastes,
including the Resource Conservation and Recovery Act(RCRA) administered by the
Division of Waste Management.
14. PERMIT RETENTION REQUIREMENT - In accordance with 15A NCAC 2Q .0110, the
Permittee shall retain a current copy of the air permit at the site. The Permittee must make
available to personnel of the DAQ,upon request,the current copy of the air permit for the
site.
15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100
"Risk Management Program," if the Permittee is required to develop and register a risk
management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the
Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part
68.
Permit No. 03707R19
Page 13
16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I
Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of
Accidental Releases -Purpose and General Duty," although a risk management plan may not
be required, if the Permittee produces,processes, handles, or stores any amount of a listed
hazardous substance, the Permittee has a general duty to take such steps as are necessary to
prevent the accidental release of such substance and to minimize the consequences of any
release. This condition is federally-enforceable only.
17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions
testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing
to the DAQ in support of a permit application or to demonstrate compliance, the Permittee
shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ
procedures including protocol approval, regional notification, report submittal, and test
results approval. Additionally, in accordance with 15A NCAC 2D .0605, the Permittee shall
follow the procedures for obtaining any required audit sample and reporting those results.
Permit issued this the 3rd of February, 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
_i�� 14cdw�
Betsy Huddleston
Regional Supervisor
By Authority of the Environmental Management Commission
Air Permit No. 03707R19
ROY COOPER srnrE�
Governor
MICHAEL S.REGAN ;a
Secretary -
Mttq.11. k
MICHAEL A.ABRACZINSKAS NORTH CAROLINA
Director Environmental Quality
February 3, 2021
Mr. Brent Wood
Vice President of Legal Affairs
FSC II, LLC - Windsor Asphalt Plant
701 Corporate Center Drive
Suite 101
Raleigh,NC 27607
Subject: Air Permit No. 03707R19
FSC II, LLC - Windsor Asphalt Plant
Lewiston Woodville, Bertie County,North Carolina
Permit Class: Synthetic Minor
Facility ID#0800018
Dear Mr. Wood:
In accordance with your completed application received November 10, 2020, we are
forwarding herewith Permit No. 03707R19 to FSC II, LLC -Windsor Asphalt Plant, Lewiston
Woodville, Bertie County,North Carolina for the construction and operation of air emissions
sources or air cleaning devices and appurtenances.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request a formal adjudicatory hearing within 30 days following receipt of this
permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of
the entire permit. This hearing request must be in the form of a written petition, conforming to G.S.
150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. The form for requesting a formal
adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings.
Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and
binding.
You may request modification of your air permit through informal means pursuant to G.S.
15013-22. This request must be submitted in writing to the Director and must identify the specific
provisions or issues for which the modification is sought. Please note that the permit will become
final and binding regardless of a request for informal modification unless a request for a hearing is
also made under G.S. 15013-23.
Unless exempted by a condition of this permit or the regulations, construction of new
air pollution sources or air cleaning devices, or modifications to the sources or air cleaning
devices described in this permit must be covered under a permit issued by the Division of Air
Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may
North Carolina Department of Environmental Quality I Division of Air Quality
D_E Washington Regional Office 1943 Washington Square Mall I Washington,NC 27889
NORTH CAR ININA
Depwimnentol EnWronmemal Quality 252.946.6481 T 1 252.975.3716 F
Brent Wood
February 3, 2021
Page 2
subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143-
215.114B.
This permit shall be effective from February 3, 2021 until February 28, 2025, is
nontransferable to future owners and operators, and shall be subject to the conditions and limitations
as specified therein.
Changes have been made to the permit stipulations. The Permittee is responsible for
carefully reading the entire permit and evaluating the requirements of each permit
stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations
and restrictions set forth in this permit. Noncompliance with any permit condition is grounds
for enforcement action, for permit termination, revocation and reissuance, or modification, or
for denial of a permit renewal application. Should you have any questions concerning this matter,
please contact Yongcheng Chen at 252-948-3831.
Sincerely,
Betsy Huddleston, Regional Supervisor
Division of Air Quality,NC DEQ
Enclosures
c: Washington Regional Office
(SharePoint\Facilities\Bertie08\00018\08A00018 SMR 19)
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF AIR QUALITY
AIR PERMIT NO. 03707R19
Issue Date: February 3, 2021 Effective Date: February 3, 2021
Expiration Date: February 28, 2025 Replaces Permit: 03707R18
To construct and operate air emission source(s) and/or air cleaning device(s), and for the
discharge of the associated air contaminants into the atmosphere in accordance with the provisions
of Article 2 1 B of Chapter 143, General Statutes of North Carolina(NCGS) as amended, and other
applicable Laws, Rules and Regulations,
FSC II, LLC - Windsor Asphalt Plant
129 County Farm Road(SR 1527)
Lewiston Woodville, Bertie County,North Carolina
Permit Class: Synthetic Minor
Facility ID# 0800018
(the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air
cleaning devices and appurtenances described below:
Emission Emission Source Control Control System
Source ID Description System ID Description
Nos.2 and 4/Nos.2 and 4 equivalent waste fuel oil-
fired batch asphalt plant,250 tons per hour maximum
ES-1 production capacity,84 million Btu per hour maximum 24768, Simple cyclone(120 in),
heat input,allowed to utilize recycled,post consumer Ra-15-60 Bagfilter(11,466 sq ft)
waste,asphalt(asbestos-free)shingles as an option in
the mix
GS3630AR/HC 50 TPH asphalt and concrete crusher N/A N/A
in accordance with the completed application 0800018.17A received November 10, 2020 including
any plans, specifications,previous applications, and other supporting data, all of which are filed
with the Department of Environmental Quality, Division of Air Quality (DAQ) and are incorporated
as part of this permit.
This permit is subject to the following specified conditions and limitations including any
TESTING, REPORTING, OR MONITORING REQUIREMENTS:
Permit No. 03707R19
Page 2
A. SPECIFIC CONDITIONS AND LIMITATIONS
1. Any air emission sources or control devices authorized to construct and operate above must
be operated and maintained in accordance with the provisions contained herein. The
Permittee shall comply with applicable Environmental Management Commission
Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter
2D .0202, 2D .0506, 2D .0515, 2D .0516, 2D .0521, 2D .0535, 2D .0540, 2D .0605, 2D
.0611, 2D .1806, 2Q .0311, 2Q .0315 and 2Q .0317.
2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee,
at least 90 days prior to the expiration date of this permit, shall request permit renewal by
letter in accordance with 15A NCAC 2Q .0304(d) and(f). Pursuant to 15A NCAC 2Q
.0203(i), no permit application fee is required for renewal of an existing air permit (without
a modification request). The renewal request(with AA application form) should be
submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration
date of this permit, the Permittee shall submit the air pollution emission inventory report
(with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C.
General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ
and shall document air pollutants emitted for the 2023 calendar year.
3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0506
"Particulates from Hot Mix Asphalt Plants,"
a. Particulate matter emissions resulting from the operation of a hot mix asphalt plant
shall not exceed allowable emission rates. The allowable emission rates are, as
defined in 15A NCAC 2D .0506, a function of the process weight rate and shall be
determined by the following equation(calculated to three significant figures), where
P is the process throughput rate in tons per hour(tons/hr) and E is the allowable
emission rate in pounds per hour(lbs/hr).
E=4.9445 * (P) 0.4171 for P < 300 tons/hr, or
E= 60 lbs/hr for P >=300 tons/hr
b. Visible emissions from stacks or vents at a hot mix asphalt plant shall be less than 20
percent opacity when averaged over a six-minute period.
c. Fugitive dust emissions shall be controlled as required by 15A NCAC 2D .0540
"Particulates From Fugitive Dust Emission Sources."
d. Fugitive emissions for sources at a hot mix asphalt plant not covered elsewhere
under this Rule shall not exceed 20 percent opacity averaged over six minutes.
e. All hot mix asphalt batch plants shall be equipped with a scavenger process dust
control system for the drying, conveying, classifying, and mixing equipment. The
scavenger process dust control system shall exhaust through a stack or vent and shall
be operated and maintained in such a manner as to comply with the allowable
particulate emission rate and opacity limit of this Rule.
Permit No. 03707R19
Page 3
4. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0515
"Particulates from Miscellaneous Industrial Processes," particulate matter emissions from
the emission sources shall not exceed allowable emission rates. The allowable emission rates
are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be
determined by the following equation(s), where P is the process throughput rate in tons per
hour(tons/hr) and E is the allowable emission rate in pounds per hour(lbs/hr).
E=4.10 * (P) 0.17 for P <= 30 tons/hr, or
E= 55 * (P) 0-"- 40 for P >30 tons/hr
5. SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0516
"Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the
combustion sources shall not exceed 2.3 pounds per million Btu heat input.
6. VISIBLE EMISSIONS CONTROL REQUIREMENT -As required by 15A NCAC 2D
.0521 "Control of Visible Emissions," visible emissions from the emission sources,
manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged
over a six-minute period, except that six-minute periods averaging not more than 87 percent
opacity may occur not more than once in any hour nor more than four times in any 24-hour
period. However, sources which must comply with 15A NCAC 2D .0524 "New Source
Performance Standards" or .I 110 "National Emission Standards for Hazardous Air
Pollutants" must comply with applicable visible emissions requirements contained therein.
7. NOTIFICATION REQUIREMENT -As required by 15A NCAC 2D .0535, the Permittee of
a source of excess emissions that last for more than four hours and that results from a
malfunction, a breakdown of process or control equipment or any other abnormal
conditions, shall:
a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time
of the Division's next business day of becoming aware of the occurrence and
describe:
i. the name and location of the facility,
ii. the nature and cause of the malfunction or breakdown,
iii. the time when the malfunction or breakdown is first observed,
iv. the expected duration, and
V. an estimated rate of emissions.
b. Notify the Director or his designee immediately when the corrective measures have
been accomplished.
This reporting requirement does not allow the operation of the facility in excess of
Environmental Management Commission Regulations.
Permit No. 03707R19
Page 4
8. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540
"Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow
fugitive dust emissions to cause or contribute to substantive complaints or excess visible
emissions beyond the property boundary. If substantive complaints are received or excessive
fugitive dust emissions from the facility are observed beyond the property boundaries for six
minutes in any one hour(using Reference Method 22 in 40 CFR, Appendix A), the owner or
operator may be required to submit a fugitive dust plan as described in 2D .0540(f).
"Fugitive dust emissions" means particulate matter that does not pass through a process
stack or vent and that is generated within plant property boundaries from activities such as:
unloading and loading areas,process areas stockpiles, stock pile working,plant parking lots,
and plant roads (including access roads and haul roads).
9. TESTING REQUIREMENT -Under the provisions of North Carolina General Statute 143-
215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall demonstrate
compliance with the emission limit(s)by testing the emission source(s) for the specified
pollutant(s) as follows:
Target
Affected Source(s) Pollutant Parameter Test Method
(ES-1)
Nos. 2 and 4/Nos. 2 and 4 equivalent
waste fuel oil-fired batch asphalt plant,
250 tons per hour maximum production DAQ
90 mg/dscm
capacity, 84 million Btu per hour PM(TSP) (0 Approved
maximum heat input, allowed to utilize .04 gr/dscf) Method
recycled,post consumer waste, asphalt
(asbestos-free) shingles as an option in the
mix
(ES-1)
Nos. 2 and 4/Nos. 2 and 4 equivalent
waste fuel oil-fired batch asphalt plant,
250 tons per hour maximum production DAQ
capacity, 84 million Btu per hour PM(TSP) 2D .0506 limit Approved
maximum heat input, allowed to utilize Method
recycled,post consumer waste, asphalt
(asbestos-free) shingles as an option in the
mix
a. The Permittee shall arrange for air emission testing protocols to be provided to the
DAQ prior to testing. Testing protocols are not required to be pre-approved by the
DAQ prior to testing. The DAQ shall review testing protocols for pre-approval prior
to testing if requested by the Permittee at least 45 days before conducting the test.
b. To afford the Regional Supervisor, DAQ, the opportunity to have an observer
present, the Permittee shall PROVIDE the Regional Office, in WRITING, at least 15
days notice of any required performance test(s).
Permit No. 03707R19
Page 5
c. Two copies of the test results must be submitted to the Regional Supervisor, DAQ, in
accordance with the approved procedures of the Environmental Management
Commission by March 3, 2028.
d. This permit may be revoked, with proper notice to the Permittee, or enforcement
procedures initiated, if the results of the test(s) indicate that the facility does not meet
applicable limitations.
e. The source shall be responsible for ensuring, within the limits of practicality, that the
equipment or process being tested is operated at or near its maximum normal
production rate, or at a lesser rate if specified by the Director or his delegate.
f. All associated testing costs are the responsibility of the Permittee.
10. FABRIC FILTER REQUIREMENTS including cartridge filters, baghouses, and other dry
filter particulate collection devices -As required by 15A NCAC 2D .0611, particulate matter
emissions shall be controlled as described in the permitted equipment list.
a. Inspection and Maintenance Requirements - To comply with the provisions of this
permit and ensure that emissions do not exceed the regulatory limits, the Permittee
shall perform, at a minimum, an annual (for each 12 month period following the
initial inspection) internal inspection of each particulate collection device system. In
addition, the Permittee shall perform periodic inspections and maintenance as
recommended by the equipment manufacturer.
b. Recordkeeping Requirements - The results of all inspections and any variance from
manufacturer's recommendations or from those given in this permit(when
applicable) shall be investigated with corrections made and dates of actions recorded
in a logbook. Records of all maintenance activities shall be recorded in the logbook.
The logbook(in written or electronic format) shall be kept on-site and made
available to DAQ personnel upon request.
11. CYCLONE REQUIREMENTS -As required by 15A NCAC 2D .0611, particulate matter
emissions shall be controlled as described in the permitted equipment list.
a. Inspection and Maintenance Requirements - To comply with the provisions of this
permit and ensure that emissions do not exceed the regulatory limits, the Permittee
shall perform an annual(for each 12 month period following the initial inspection)
inspection of the cyclone system. In addition, the Permittee shall perform periodic
inspections and maintenance (I&M) as recommended by the manufacturer.
b. Recordkeeping Requirements - The results of all inspections and any variance from
the manufacturer's recommendations or from those given in this permit(when
applicable) shall be investigated with corrections made and dates of actions recorded
in a cyclone logbook. Records of all maintenance activities shall be recorded in the
logbook. The cyclone logbook(in written or electronic format) shall be kept on-site
and made available to DAQ personnel upon request.
Permit No. 03707R19
Page 6
12. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A
NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not
operate the facility without implementing management practices or installing and operating
odor control equipment sufficient to prevent odorous emissions from the facility from
causing or contributing to objectionable odors beyond the facility's boundary.
13. NOTIFICATION REQUIREMENT -As required by 15A NCAC 2Q .0311 "Permitting of
Facilities at Multiple Temporary Sites," within 15 days after the initial installation and at
least ten days before each relocation of any portable plant, the Permittee shall provide
written notice to the Regional Supervisor, DAQ. This written notice shall include the
following:
a. The installation or relocation dates;
b. A list of the equipment affected by the installation or relocation;
c. The county in which the equipment was installed or to which the equipment was
relocated; and
d. The county from which the equipment was relocated(if applicable).
If the portable plant is relocated to a county under the responsibility of a different Regional
Supervisor, then the Permittee shall provide such written notice to the Regional Supervisors
responsible for both the county from which the equipment was relocated and the county to
which the equipment was relocated.
14. LIMITATION TO AVOID 15A NCAC 2Q .0501 - Pursuant to 15A NCAC 2Q .0315
"Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of
Section and Requirement for a Permit," as requested by the Permittee, facility-wide
emissions shall be less than the following:
Pollutant Emission Limit
(Tons per consecutive 12-month period)
PM10 100
SO2 100
NOx 100
VOC 100
CO 1 100
Individual HAPsl 10
Total HAPs 1 25
a. Operations Restrictions - To ensure emissions do not exceed the limitations above,
the following restrictions shall apply:
i. If multiple fuels are used, emissions should be determined using the sum of
the individual emissions rates.
Permit No. 03707R19
Page 7
b. Recordkeeping Requirements
i. The Permittee shall record monthly and total annually the following:
A. S02, CO. and NOx emissions.
ii. Fuel supplier certification shall be kept on-site and made available to DAQ
personnel upon request.
iii. A log book shall be kept on site for control devices and made available to
Division of Air Quality personnel upon request. The Permittee shall record
all inspection, maintenance and monitoring requirements listed above in the
log book. Any variance from the manufacturer's recommendations shall be
investigated with corrections made and date of actions recorded in the log
book.
c. Reporting Requirements - Within 30 days after each calendar year, regardless of the
actual emissions, the Permittee shall submit the following:
i. emissions and/or operational data listed below. The data should include
monthly and 12 month totals for the previous 12 month period.
15. RECYCLED ASPHALT SHINGLE REQUIREMENTS - In accordance with Rule 2Q
.0317, the Permittee is avoiding the applicability of Rule 2Q .0700 and 2D .1100 for
asbestos, and 40 CFR 61, Subpart M,National Emission Standard for Asbestos by using
post-consumer reclaimed asphalt roofing shingles (also known as PRAS and herein denoted
as recycled shingles) which are equivalent to their virgin or unadulterated counterparts. The
Permittee is allowed to use the recycled shingles and associated asphalt roofing materials
provided the following conditions are met:
Specifications - The recycled shingles shall be considered equivalent to unadulterated
asphalt and aggregate for use in manufacturing of asphalt concrete by meeting the following
criteria:
The recycled shingles and roofing materials are certified to be free of asbestos containing
material (ACM). ACM is defined as materials containing more than one percent(I %) of
asbestos. This certification shall be provided by demonstration that the materials sampled
are representative of the recycled asphalt roofing materials and contain less than I percent
asbestos or are certified to be asbestos free as measured by the method specified in
appendix E, 40 CFR 763, Section 1,polarized light microscopy (PLM). Certification shall
be provided by NC-accredited Asbestos Inspectors or Roofing Supervisors to sample the
PRAS to meet the above criteria. Accreditation shall be obtained through the Division of
Public Health's Health Hazards Control Unit.
a. The Permittee is responsible for ensuring that the recycled shingles and roofing
materials, as used at the site, meet the approved criteria for unadulterated materials
including meeting minimum sampling criteria as specified by best practices. These
practices shall include visual inspection of each load for suspect ACM and a
Permit No. 03707R19
Page 8
sampling of at least one sample event per 100 tons of recycled shingles received for
processing.
i. Each load or batch of recycled asphalt roofing materials purchased from or
provided by an outside vendor shall include a certification that the material
does not contain ACM and that it was tested in accordance with the best
practices specified above, or
ii. If certification of the incoming recycled shingle material is not provided at
delivery by an outside vendor, the Permittee shall arrange for testing and
certification of the material as not being ACM, meeting the specifications
outlined above, prior to use in the process. The Permittee shall arrange for the
results of such sampling and testing to be provided in a manner and form
consistent with meeting the recordkeeping requirements cited below.
b. The Permittee is held responsible for any discrepancies discovered by DAQ as a
result of any sampling and analysis of the recycled shingles and asphalt roofing
materials.
c. Recordkeeping Requirements - The Permittee shall maintain certifications that the
materials received and used are not ACM. These certifications shall be maintained at
the facility for a minimum of three years, and shall be made available to
representatives of the DAQ upon request. In addition, accurate records of the
following:
i. The actual amount of recycled shingles delivered to and used at the facility in
the production of asphalt concrete pavement.
ii. Each load or batch of recycled shingles shall include the following:
A. A delivery manifest document clearly showing the shipment content
and amount, its place and date of loading, and place and date of
destination.
B. A batch specific analytical report that contains an analysis for all
constituents/properties listed above in the specification. Analytical
results of the samples representative of the recycled shingles/roofing
materials shipment from the vendor shall be no more than one year
old when received.
C. Batch signature information consisting of the following: a batch
number,batch weight or volume of recycled shingles/roofing
materials delivered.
D. A certification statement indicating that the recycled shingles were
sampled in accordance with best practices and tested according to
appendix E, 40 CFR 763, Section 1 and do not contain ACM or are
otherwise asbestos-free as determined by PLM prior to grinding.
Permit No. 03707R19
Page 9
d. The Permittee shall be obligated to comply with any additional regulations or obtain
any additional permits associated with the receipt and/or storage of the recycled
asphalt roofing materials. This permit condition to use these materials in the asphalt
concrete manufacturing process creates no waiver from other applicable laws and
regulations.
e. The DAQ reserves the right to require additional testing and/or monitoring of the
recycled shingles/roofing materials in accordance with Rule 2Q. 0317.
16. VENDOR SUPPLIED RECYCLED No(s). 2 FUEL OIL REQUIREMENTS - In accordance
with Rule 2Q .0317, the Permittee is avoiding the applicability of Rule 2Q .0700 by using
recycled fuels which are equivalent to their virgin counterparts. The Permittee is allowed to
use the recycled fuel oil(s) as follows:
a. Specifications - The recycled fuel oil(s) shall be equivalent to unadulterated fossil
fuel by meeting the following criteria:
Constituent/Property lAllowable Level
Arsenic 1.0 ppm maximum
Cadmium 2.0 ppm maximum
Chromium 5.0 ppm maximum
Lead F100 ppm maximum
Total Halogens 1000 ppm maximum
Flash Point
No. 2 100°F minimum
No. 4 130°F minimum
Sulfur
No. 2 [20%
5%maximum (by weight)
No. 4 maximum(by weight)
Ash 1.0%maximum
b. The Permittee is responsible for ensuring that the recycled fuel oil(s), as received at
the site, meet(s)the approved criteria for unadulterated fuel. The Permittee is held
responsible for any discrepancies discovered by DAQ as a result of any sampling and
analysis of the fuel oil(s).
c. Recordkeepin�Requirements - The Permittee shall maintain at the facility for a
minimum of three years, and shall make available to representatives of the DAQ
upon request, accurate records of the following:
i. The actual amount of recycled fuel oil(s) delivered to, and combusted at the
facility on an annual basis.
ii. Each load of recycled fuel oil received shall include the following:
Permit No. 03707R19
Page 10
A. A delivery manifest document clearly showing the shipment content
and amount, its place and date of loading, and place and date of
destination.
B. A batch specific analytical report that contains an analysis for all
constituents/properties listed above. Analytical results of the samples
representative of the recycled oil shipment from the vendor shall be
no more than one year old when received.
C. Batch signature information consisting of the following: a batch
number, tank identification with batch volume of recycled oil, date
and time the batch completed treatment, and volume(s) delivered.
D. A certification indicating that the recycled fuel oil does not contain
detectable PCBs (<2ppm).
d. Reporting Requirements - Within 30 days after each calendar year, regardless of the
amount received or combusted, the Permittee shall submit in writing to the Regional
Supervisor, DAQ, the following:
i. A summary of the results of the analytical testing for the previous 12 months.
ii. The total gallons of recycled fuel oil(s) from each approved vendor
combusted at the facility for the previous 12 months.
e. The DAQ reserves the right to require additional testing and/or monitoring of the
recycled fuel oil(s) on an annual basis or without notice.
Permit No. 03707R19
Page 11
B. GENERAL CONDITIONS AND LIMITATIONS
1. In accordance with G.S. 143-215.108(c)(1), TWO COPIES OF ALL DOCUMENTS,
REPORTS, TEST DATA, MONITORING DATA,NOTIFICATIONS, REQUESTS FOR
RENEWAL, AND ANY OTHER INFORMATION REQUIRED BY THIS PERMIT shall
be submitted to the:
Regional Supervisor
North Carolina Division of Air Quality
Washington Regional Office
943 Washington Square Mall
Washington,NC 27889
252-946-6481
For identification purposes, each submittal should include the facility name as listed on the
permit, the facility identification number, and the permit number.
2. RECORDS RETENTION REQUIREMENT - In accordance with 15A NCAC 2D .0605,
any records required by the conditions of this permit shall be kept on site and made available
to DAQ personnel for inspection upon request. These records shall be maintained in a form
suitable and readily available for expeditious inspection and review. These records must be
kept on site for a minimum of 2 years, unless another time period is otherwise specified.
3. ANNUAL FEE PAYMENT -Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay
the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a
timely manner will cause the DAQ to initiate action to revoke the permit.
4. EQUIPMENT RELOCATION- In accordance with 15A NCAC 2Q .0301, a new air permit
shall be obtained by the Permittee prior to establishing, building, erecting, using, or
operating the emission sources or air cleaning equipment at a site or location not specified in
this permit.
5. REPORTING REQUIREMENT - In accordance with 15A NCAC 2Q .0309, any of the
following that would result in previously unpermitted, new, or increased emissions must be
reported to the Regional Supervisor, DAQ:
a. changes in the information submitted in the application regarding facility emissions;
b. changes that modify equipment or processes of existing permitted facilities; or
c. changes in the quantity or quality of materials processed.
If appropriate, modifications to the permit may then be made by the DAQ to reflect any
necessary changes in the permit conditions. In no case are any new or increased emissions
allowed that will cause a violation of the emission limitations specified herein.
6. In accordance with 15A NCAC 2Q .0309, this permit is subject to revocation or
modification by the DAQ upon a determination that information contained in the application
or presented in the support thereof is incorrect, conditions under which this permit was
granted have changed, or violations of conditions contained in this permit have occurred. In
Permit No. 03707R19
Page 12
accordance with G.S. 143-215.108(c)(1), the facility shall be properly operated and
maintained at all times in a manner that will effectuate an overall reduction in air pollution.
Unless otherwise specified by this permit, no emission source may be operated without the
concurrent operation of its associated air cleaning device(s) and appurtenances.
7. In accordance with G.S. 143-215.108(c)(1), this permit is nontransferable by the Permittee.
Future owners and operators must obtain a new air permit from the DAQ.
8. In accordance with G.S. 143-215.108(c)(1), this issuance of this permit in no way absolves
the Permittee of liability for any potential civil penalties which may be assessed for
violations of State law which have occurred prior to the effective date of this permit.
9. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the
responsibility of complying with all applicable requirements of any Federal, State, or Local
water quality or land quality control authority.
10. In accordance with 15A NCAC 2D .0605, reports on the operation and maintenance of the
facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such
intervals and in such form and detail as may be required by the DAQ. Information required
in such reports may include, but is not limited to,process weight rates, firing rates, hours of
operation, and preventive maintenance schedules.
11. A violation of any term or condition of this permit shall subject the Permittee to enforcement
pursuant to G.S. 143-215.114A, 143-215.11413, and 143-215.114C, including assessment of
civil and/or criminal penalties.
12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or
access to any authorized representative of the DAQ who requests entry or access for
purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such representative while in the process of carrying
out his official duties. Refusal of entry or access may constitute grounds for permit
revocation and assessment of civil penalties.
13. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the
responsibility of complying with any applicable Federal, State, or Local requirements
governing the handling, disposal, or incineration of hazardous, solid, or medical wastes,
including the Resource Conservation and Recovery Act(RCRA) administered by the
Division of Waste Management.
14. PERMIT RETENTION REQUIREMENT - In accordance with 15A NCAC 2Q .0110, the
Permittee shall retain a current copy of the air permit at the site. The Permittee must make
available to personnel of the DAQ,upon request,the current copy of the air permit for the
site.
15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100
"Risk Management Program," if the Permittee is required to develop and register a risk
management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the
Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part
68.
Permit No. 03707R19
Page 13
16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I
Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of
Accidental Releases -Purpose and General Duty," although a risk management plan may not
be required, if the Permittee produces,processes, handles, or stores any amount of a listed
hazardous substance, the Permittee has a general duty to take such steps as are necessary to
prevent the accidental release of such substance and to minimize the consequences of any
release. This condition is federally-enforceable only.
17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions
testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing
to the DAQ in support of a permit application or to demonstrate compliance, the Permittee
shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ
procedures including protocol approval, regional notification, report submittal, and test
results approval. Additionally, in accordance with 15A NCAC 2D .0605, the Permittee shall
follow the procedures for obtaining any required audit sample and reporting those results.
Permit issued this the 3rd of February, 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
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Betsy Huddleston
Regional Supervisor
By Authority of the Environmental Management Commission
Air Permit No. 03707R19