Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 129 - AIR QUALITY REGULATIONS
Chapter 8 - PERMITS-BY-RULE
Section 129-8-010 - Permit-by-Rule for Hot Mix Asphalt Plants

Universal Citation: 129 NE Admin Rules and Regs ch 8 ยง 010

Current through March 20, 2024

For purposes of this regulation, a hot mix asphalt plant is a facility that is comprised of any combination of the following: generators; heaters; dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing aggregate materials; systems for mixing hot mix asphalt; and associated emission control systems. Hot mix asphalt plants approved to be constructed or operated pursuant to the provisions of this chapter will comply with Sections 001 through 009 above and each of the following:

010.01 The owner or operator will use an air emissions computation program provided by the Department to establish hourly production limits and hourly generator combustion limits as described in Sections 010.03C and 010.05. Upon receipt of these files, the Department will use the submitted data to run an ambient air quality dispersion model to determine hourly limits that comply with the NAAQS. The source will comply with these limits.

010.02 Upon relocation of a temporary source, the owner or operator will use the parameters of the new site as input for an air emissions computation program provided by the Department. A responsible official for the source will certify the output files generated by the air emissions computation program and submit them to the Department for establishment of hourly limits as described in Section 010.01.

010.03 Production Limits.

010.03A For batch mix asphalt plants, the production of asphalt will not exceed a maximum rate of 250,000 tons per calendar month and 400,000 tons per consecutive 12 calendar months.

010.03B For drum mix asphalt plants, the production of asphalt will not exceed a maximum rate of 500,000 tons per calendar month and 850,000 tons per consecutive 12 calendar months.

010.03C The owner or operator will use an air emissions computation program provided by the Department to establish the plant capacity on a ton-per-hour basis. The Department will use the data provided by the owner or operator in a dispersion model to establish production limits that are in compliance with the NAAQS.

010.04 The generators will not combust more than 75,000 gallons of diesel fuel per calendar month and 250,000 gallons of diesel fuel per consecutive 12 calendar months; or if it is more practical for the source to keep track of hours of generator operation, and the generator is equipped with an hour meter, the following equation may be used to determine the maximum hours of generator operation per calendar month and consecutive 12 calendar months:

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010.05 The owner or operator will use an air emissions computation program provided by the Department to establish the plant capacity pound-per-hour limitations. The Department will use the data provided by the owner or operator in an ambient air quality dispersion model to establish generator operating limits that are in compliance with the NAAQS.

010.06 Moisture and Fuel Content Requirements.

010.06A Storage pile and haul road moisture content must be maintained at a level that assures compliance with Section 003 of Chapter 15.

010.06B The sulfur content of diesel fuel must not exceed 0.5% and the sulfur content of non-diesel fuel must not exceed 1.0%.

010.07 The source will not exceed a particulate emissions rate of 0.04 grains per dry standard cubic foot of exhaust gas.

010.08 Control Technology. Appropriate emission control technology will be properly installed, maintained and operated whenever associated equipment is in operation. Manufacturer's instructions will be kept accessible on site or electronically and readily available to Department representatives.

010.08A Fabric Dust Collectors (Bag houses).
010.08A1 Each fabric dust collector will be equipped with an operational pressure differential indicator.

010.08A2 Fabric dust collector filter bags are to be inspected and/or replaced according to the manufacturer's recommendations or more frequently as indicated by pressure differential readings. To determine whether each fabric dust collector is functioning properly, routine observations (at least once each day of dust collector operation) will be conducted to determine whether there are visible emissions from the stack, leaks or noise, atypical pressure differential readings, or other indications that may necessitate corrective action. Corrective action will be taken immediately if necessary.

010.09 The opacity of visible emissions will not equal or exceed 20 percent as evaluated by Method 9 in Appendix A of 40 CFR Part 60 in accordance with 40 CFR 60.92(a)(2) and by Chapter 15, Section 001.

010.10 The source will not allow particulate matter to become airborne in such quantities and concentrations that it remains visible in the ambient air.

010.10A Routine observations (at least once each day of operation) will be conducted to determine whether particulate matter is becoming airborne in such quantities and concentrations that it remains visible in the ambient air beyond the premises where it originates, necessitating corrective action. Corrective action will be taken immediately if necessary.

010.11 Facilities constructed, reconstructed or modified after June 11, 1973 will comply with the provisions of Section 001.14 of Chapter 12 for Hot Mix Asphalt Facilities (asphalt concrete plants) - Subpart I.

010.12 Record keeping. The owner or operator of the facility will maintain on-site records, to demonstrate compliance, as follows:

010.12A Records will be updated at least monthly no later than 15 days after the end of the month.

010.12B Storage pile moisture content and haul road moisture content.

010.12C The quantity of diesel fuel combusted in the generators or the hours of generator operation.

010.12D Records demonstrating that the source has complied with the hourly limits established in Section 010.05.

010.12E The sulfur content of fuel used in the generator and main burner.

010.12F Inspection and maintenance records to ensure control equipment is operated and well maintained. Such records will at a minimum, include the following:
010.12F1 Routine visual inspections of control equipment were performed with a description including pressure differential readings and any atypical observations;

010.12F2 Routine maintenance performed, including bag replacement, preventive actions taken, and a description of actions taken;

010.12F3 Equipment failures, malfunctions, or other variations, including time of occurrence, remedial action taken, and the date and time when any corrections were made.

010.12F4 Records and notifications required under Chapter 12, Section 001.01 - General Provisions Subpart A.

010.12G Records documenting routine observations conducted and any corrective action taken to assure compliance with 010.10A.

010.13 Upon request, the owner or operator will provide Department personnel access to, or copies of, the records required under this chapter.

010.14 Startup notification. The owner or operator of a source approved to construct, reconstruct or modify and operate a hot mix asphalt plant under the provisions of this chapter will notify the Department of the actual date of startup within 15 calendar days after such date.

010.15 Performance Testing. The owner or operator of a source must conduct performance testing to demonstrate compliance with Sections 010.07 and 010.09 and as required under 010.11.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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