Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
B.C. Reg. 217/97
O.C. 721/97
Deposited June 27, 1997

Environmental Management Act

Asphalt Plant Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 199/2007, June 21, 2007]

Contents
1Interpretation
Part 1 — General
2Scope
3Registration requirements
3.1Electronic reporting
Part 2 — Hot-in-Place Asphalt Recycling
4Definitions
5Emission limits and operating parameters
6Monitoring requirements
7Maintenance of plant and emergency procedures
8Location
9Clean-out requirements
Part 3 — Hot Mix Asphalt and Cutback Asphalt
10Definitions
11Emission limits and operating parameters
12Requirements for handling of material collected by emission controls
13Monitoring requirements
13.1Subsequent monitoring requirements
14Maintenance of plant and emergency procedures
15Requirements for reclaimed asphalt pavement usage and raw materials
16Plant location requirements
17Notification for relocation of mobile plants
18Cutback asphalt
Part 4 — Miscellaneous
19Offence and penalty
20Repealed
Schedule A
Schedule B
Schedule C and D

Interpretation

1  (1) In this regulation:

"Act" means the Environmental Management Act;

"aggregate" means any combination of crushed rock, gravel, sand or granular material suitable for the manufacture of hot mix asphalt;

"bitumen" means a class of black or dark-coloured solid, semi-solid or viscous cementitious substances, natural or manufactured, which are composed principally of high molecular weight hydrocarbons, of which asphalts are typical;

"cutback asphalt" means an asphalt that has been liquefied by blending with a petroleum solvent to contain more than 7 percent oil distillate as determined by ASTM distillation test D-402 so that, when exposed to atmospheric conditions, the solvent evaporates leaving the asphalt to perform its function;

"hot-in-place asphalt recycling plant" means a plant that recycles existing pavement by heating, scarifying and removing the pavement, by adding new asphalt or other material to the removed pavement and by replacing the pavement in place, all as a continuous operation;

"hot mix asphalt" means a paving material comprised of a mixture of hot dry aggregate and bitumen;

"hot mix asphalt plant" means a plant, including its emission control equipment, that is used for the production of hot mix asphalt by mixing hot dry aggregate with bitumen;

"Lower Fraser Valley" means the part of British Columbia bounded on the north by latitude 49° 30', on the east by longitude 121° 15' and on the west by longitude 123° 20' and lying outside the Greater Vancouver Regional District;

"machine train unit" means a self-propelled apparatus which forms a part of a hot-in-place asphalt recycling plant;

"mobile plant" means a hot mix asphalt plant that is normally capable of being moved to other locations;

"opacity" means the degree to which an emission reduces the passage of light or obscures the view of an object in the background, expressed numerically from 0% (transparent) to 100% (opaque);

"operator" means a person who is responsible for and oversees

(a) the operation of a hot-in-place asphalt recycling plant, or

(b) the operation of a hot mix asphalt plant;

"organics" means total gaseous organic vapours consisting primarily of alkanes, alkenes or arenes (aromatic hydrocarbons) or any combination of them;

"owner" means a person who owns a hot-in-place asphalt recycling plant or a hot mix asphalt plant;

"Prince George Area" means the part of British Columbia bounded on the north by latitude 54° 46' 14", on the south by latitude 53° 46' 14", on the east by longitude 122° 33' 47" and on the west by longitude 122° 58' 27";

"recycled asphalt pavement" means asphalt pavement that has been removed from an existing road surface and mechanically broken down into smaller pieces and added to virgin aggregates and bitumen to be re-manufactured in a hot mix asphalt plant;

"roadway" means a strip of land over which a road for public use passes, but does not include a driveway or private road;

"stationary plant" means a hot mix asphalt plant that is intended to remain in a fixed location.

(2) Repealed. [B.C. Reg. 321/2004, s. 4 (b).]

[am. B.C. Regs. 160/2001, s. 1; 321/2004, s. 4 (a) and (b); 199/2007, s. 1.]

Part 1 — General

Scope

2  (1) Subject to subsection (2), this regulation applies to

(a) every hot-in-place asphalt recycling plant and hot mix asphalt plant operated in British Columbia, and

(b) the use in British Columbia of cutback asphalt.

(2) This regulation does not apply in the Greater Vancouver Regional District.

(3) Every owner and operator must comply with the emission limits, operating parameters and requirements prescribed in this regulation for a hot-in-place asphalt recycling plant or a hot mix asphalt plant.

(4) The operation of a hot-in-place asphalt recycling plant or a hot mix asphalt plant is subject to any additional requirements imposed by a municipal or regional district bylaw or imposed by a permit or authorization issued by a municipality or a regional district.

(5) This regulation does not authorize an owner or operator to enter upon, cross over or use for any purpose private or Crown land or works unless authorized by the person who owns the land or works.

Registration requirements

3  (1) Every owner or operator must register and provide the information required by subsection (2) within 30 days after acquiring the ownership of a hot-in-place asphalt recycling plant or hot mix asphalt plant.

(2) The registration information must be delivered to a director and must include all of the following:

(a) the company name under which the owner operates;

(b) the name, mailing address and telephone number of the owner;

(c) for a hot-in-place asphalt recycling plant, the serial number of each machine train unit;

(d) for a hot mix asphalt plant, the serial number and a description of each major piece of equipment comprising the plant;

(e) for a hot-in-place asphalt recycling plant, the heating process used to soften the pavement;

(f) for a new hot-in-place asphalt recycling plant, the design gaseous discharge flow rate of each machine train unit stack and, for an existing plant, the most recent set of stack monitoring results;

(g) for a new hot mix asphalt plant, the design gaseous discharge flow rate from each aggregate dryer and, for an existing plant, the most recent set of aggregate dryer stack monitoring results;

(h) the maximum plant production rate in tonnes per hour;

(i) for a hot mix asphalt plant, the maximum percentage of recycled asphalt pavement to be used, if any;

(j) the type of fuel or fuels used by the plant and the fuel consumption rate or rates, in litres per hour or cubic metres per hour, at the maximum plant production rate;

(k) a description of the emission control equipment and the relevant operating parameters.

(3) If any of the information provided under subsection (2) changes, the owner or operator must, within 60 days after the change, deliver to a director particulars of the change.

(4) An owner or operator who operates in British Columbia outside the Greater Vancouver Regional District must

(a) pay an application fee, as prescribed in the Permit Fees Regulation, for a new plant which did not have a permit on June 27, 1997,

(b) pay in arrears, in respect of each calendar year of operation, an emissions fee, as prescribed in the Permit Fees Regulation, based on production during that calendar year as subsequently reported under paragraph (c), and

(c) provide in writing, by January 31 of each year to a director, a statement which indicates the amount of asphalt produced from the registered hot-in-place or hot mix asphalt plant during the previous calendar year while operating in British Columbia.

[am. B.C. Regs. 357/2002, s. 1; 321/2004, s. 4 (c) to (e).]

Electronic reporting

3.1  If requested by the director in writing, an owner or operator must provide the information or plan required by sections 3, 6, 8, 13, 13.1 or 17 in electronic form or in another form required by the director.

[en. B.C. Reg. 357/2002, s. 2.]

Part 2 — Hot-in-Place Asphalt Recycling

Definitions

4  In this Part:

"afterburner" means a high temperature device used for burning residual organics present in the exhaust gases emitted from infrared heating units;

"direct fired infrared heating" means a process for softening pavement using liquefied petroleum gas fired infrared heaters;

"equipment clean-out" means the process of using an open flame to clean air ducts used in a hot-in-place asphalt recycling plant;

"hot air recirculation" means a process for softening pavement using hot air heated in a central combustion unit, which is directed through small diameter high velocity orifices at the surface of the pavement to be recycled;

"shroud" means a protective covering surrounding the heating beds of a hot-in-place machine train unit for the purpose of containing emissions.

Emission limits and operating parameters

5  (1) The owner or operator of a hot-in-place asphalt recycling plant must not permit the discharge of emissions which exceed the concentration limits in Column 2 or the production limits in Column 3 set out opposite the parameter in Column 1 of Schedule A.

(2) If the plant uses direct fired infrared heating, it must comply with the following operating parameters:

(a) the afterburner combustion temperature must not be less than 650° C (1 200° F);

(b) the temperature of each afterburner unit must be displayed so that it is observable by the operator at all times during operation of the plant;

(c) the exhaust gas residence time within each afterburner must not be less than 0.5 seconds;

(d) propane, butane or other liquefied petroleum gas must be used as a fuel for direct infrared heating and as a combustion fuel for the afterburners;

(e) a shroud must be in place during operation of the plant, and the clearance between the lower extremity of the shroud and the road surface must not be more than 25 millimetres.

(3) If the plant uses hot air recirculation, it must comply with the following operating parameters:

(a) the temperature of each central combustion unit must be displayed so that it is observable by the operator at all times during operation of the plant;

(b) if diesel fuel is used as a fuel source, it must be No. 2 diesel fuel or a lighter distillate with a sulphur content that does not exceed 0.5% by weight.

(4) The afterburners of a direct fired infrared heating plant must be in operation at all times while pavement is being recycled.

Monitoring requirements

6  (1) Stack monitoring on each machine train unit discharge must be performed in accordance with the requirements of the Stationary Air Emissions Testing section in the latest version of the Field Sampling Manual issued by the ministry.

(2) Stack monitoring must be performed when required by a director and with the hot-in-place asphalt recycling plant operating at its maximum production rate as submitted under section 3 (2) (h).

(3) The following information must be collected when performing stack monitoring:

(a) discharge flow rate for each machine train unit in cubic metres per minute, corrected to 20° C (68° F) and 101.325 kPa (1 atmosphere);

(b) carbon dioxide and oxygen concentration leaving the exhaust stack of each machine train unit in percent by volume;

(c) moisture content of the flue gas for each machine train unit;

(d) for a direct fired infrared heating plant, the afterburner combustion temperature for each machine train unit in degrees Celsius, recorded every 15 minutes during sampling;

(e) for a hot air recirculating plant, the central combustion chamber temperature for each machine train unit in degrees Celsius, recorded every 15 minutes during sampling;

(f) the emission levels of those parameters as specified in Column 1 of Schedule A in the concentration and production units set out opposite in Columns 2 and 3;

(g) average plant speed in metres per hour;

(h) average plant production rate in square metres of pavement recycled per hour and converted to tonnes of pavement recycled per hour.

(4) The completed information required by subsection (3) must, within 60 days after the actual testing, be submitted to the director.

[am. B.C. Reg. 321/2004, s. 4 (f) and (g).]

Maintenance of plant and emergency procedures

7  (1) The operator of a hot-in-place asphalt recycling plant must

(a) make a daily inspection of the emission control components, and

(b) maintain the emission control components in good working order.

(2) If an emergency arises or there is any condition which prevents the continued operation of the emission control components or results in non-compliance with this regulation, the operator must

(a) stop production immediately,

(b) notify a director, as soon as practically possible, of the time, date and nature of the occurrence and the corrective action taken, and

(c) ensure that the emission control components are in good working order before resuming production.

[am. B.C. Reg. 321/2004, s. 4 (f).]

Location

8  (1) The owner or operator must provide to a director, in writing, at least 14 days before commencement of a project, notification of the plan of operation which includes all of the following information:

(a) the registration information provided under section 3 (2);

(b) the start and end dates, and the daily working hours, for the project;

(c) the geographic location of the project;

(d) a contact name and the address of the client for the project;

(e) the number of square metres of pavement and the tonnes of pavement to be recycled as part of the project;

(f) a copy of the most recent stack monitoring results for the plant;

(g) for a direct fired infrared heating plant, the date of the last maintenance of the emission control equipment, if any.

(2) If an adjustment is made to the plan of operation after giving notification under subsection (1), the operator must notify the director, in writing, within 3 days after making the adjustment.

[am. B.C. Reg. 321/2004, s. 4 (f) and (g).]

Clean-out requirements

9  Equipment clean-out activities must not

(a) be done within one kilometre of a residence, business, school in session, hospital or facility used for continuing care as defined in the Continuing Care Act,

(b) interfere with the visibility of motorists using the roadway, or

(c) produce emissions which exceed an opacity of 40% averaged over any 6 minute period.

Part 3 — Hot Mix Asphalt and Cutback Asphalt

Definitions

10  In this Part:

"settling pond" means a reservoir which does not allow the liquid contained within it to enter the environment;

"stream" includes

(a) a natural watercourse or source of water supply, whether containing water or not,

(b) ground water, and

(c) a lake, river, creek, spring, ravine, swamp and gulch.

Emission limits and operating parameters

11  (1) The owner or operator of a hot mix asphalt plant manufactured on or after June 27, 1997 must not permit the discharge of emissions which exceed the concentration limits in Column 2 of Schedule B set out opposite the parameter in Column 1.

(2) The owner or operator of a hot mix asphalt plant manufactured before June 27, 1997 and located in the Lower Fraser Valley must not permit the discharge of emissions which exceed the concentration limits in Column 2 of Schedule B set out opposite the parameter in Column 1.

(2.1) The owner or operator of a hot mix asphalt plant manufactured before June 27, 1997 and located outside the Lower Fraser Valley must not permit the discharge of emissions which exceed the concentration limits in Column 3 of Schedule B set out opposite the parameter in Column 1.

(2.2) The owner or operator of a hot mix asphalt plant manufactured before June 27, 1997 and located in the Prince George Area must not permit the discharge of emissions which exceed the concentration limits in Column 2 of Schedule B set out opposite the following parameters in Column 1:

(a) Particulates;

(b) Opacity;

(c) Carbon Monoxide.

(2.3) Effective January 1, 2008, the owner or operator of a hot mix asphalt plant manufactured before June 27, 1997 and located in the Prince George Area must not permit the discharge of emissions which exceed the concentration limits in Column 2 of Schedule B set out opposite the Organics parameter in Column 1.

(3) If a hot mix asphalt plant manufactured before June 27, 1997 is modified to operate at a rate which is at least 10% higher than its original maximum plant production rate, the owner or operator must re-register the plant and must not permit the discharge of emissions which exceed the concentration limits in Column 2 of Schedule B set out opposite the parameter in Column 1.

(4) The emission control equipment required to comply with this section must be installed and be in operation at all times during hot mix asphalt production.

[am. B.C. Regs. 160/2001, s. 2; 357/2002, s. 3; 199/2007, s. 2.]

Requirements for handling of material collected by emission controls

12  (1) Particulates collected using emission control equipment must be contained so that there is no release of particulates into the atmosphere.

(2) A hot mix asphalt plant which uses water to remove contaminants before discharge

(a) must not discharge effluent directly to a stream,

(b) must direct effluent to a settling pond, or to a treatment works approved by a director, and

(c) must, when a settling pond is decommissioned or drained, ensure that

(i) the liquid is not allowed to enter a stream or is not discharged in a location where it could reasonably be expected to enter a stream,

(ii) the concentration of total extractable hydrocarbons does not exceed 20 milligrams per litre in the liquid released, and

(iii) settled materials which remain after the liquid has been drained are managed so that they are not released into the atmosphere.

(3) The director may impose additional conditions regarding the handling of material collected by the emission control equipment.

[am. B.C. Reg. 321/2004, s. 4 (f) and (g).]

Monitoring requirements

13  (1) Stack monitoring on each hot mix asphalt plant aggregate dryer discharge must be performed

(a) as required by subsections (1.1) or (1.2),

(b) when the plant is operating at 80% or more of maximum plant production rate as submitted in the application for registration under section 3 (2) (h) or as authorized by a director, and

(c) in accordance with the requirements of the Stationary Air Emissions Testing section in the latest version of the Field Sampling Manual issued by the ministry.

(1.1) Stack monitoring must be performed

(a) subject to paragraph (b), once in each calendar year, or

(b) once in every second calendar year

(i) for a plant that produced 10,000 tonnes or more of hot mix asphalt in the previous calendar year, if the 3 most recent annual stack monitoring results for the plant comply with the concentration limits for the discharge of emissions set out in Schedule B, or

(ii) for a plant that produced less than 10,000 tonnes of hot mix asphalt in the previous calendar year.

(1.2) A director may require that stack monitoring be performed if the director has reason to believe that

(a) discharged emissions have exceeded or may exceed the concentration limits set out in Schedule B, or

(b) the stack monitoring has not been conducted in accordance with subsection (1) (c).

(2) Repealed. [B.C. Reg. 357/2002, s. 4 (d).]

(3) The following information must be collected when performing stack monitoring:

(a) flue gas discharge flow rate in cubic metres per minute, corrected to 20°C (68°F) and 101.325 kPa (1 atmosphere);

(b) carbon dioxide and oxygen concentrations in flue gas in percent by volume;

(c) moisture content of flue gas;

(d) the emission levels for those parameters in the units specified in Schedule B;

(e) amount of recycled asphalt pavement used, if any, as a percentage of total hot mix asphalt production;

(f) temperature of the final hot mix asphalt product leaving the plant;

(g) plant production rate measured over the duration of stack monitoring expressed in tonnes per hour;

(h) emission rate for particulates, organics and carbon monoxide in Schedule B expressed as grams per tonne of hot mix asphalt produced.

(4) Repealed. [B.C. Reg. 357/2002, s. 4 (d).]

(5) Complete stack monitoring results must, within 60 days of the actual testing, be submitted to the director.

(6) For new plants, stack monitoring must be performed to demonstrate compliance within 30 working days of any operation of the plant.

[am. B.C. Regs. 160/2001, s. 3; 357/2002, s. 4; 321/2004, s. 4 (g).]

Subsequent monitoring requirements

13.1  (1) If the results from stack monitoring under section 13 shows that discharged emissions have exceeded the concentration limit set out in Schedule B for a parameter, stack monitoring must be performed within 90 days of the original monitoring.

(2) The owner or operator must submit a plan to a director, within 120 days of the original monitoring, that sets out the actions to be taken to bring the plant's emissions within the concentration limits set out in Schedule B and the date for subsequent stack monitoring if

(a) stack monitoring is not performed as required by subsection (1), or

(b) the results from stack monitoring under subsection (1) shows that discharged emissions have exceeded the concentration limit set out in Schedule B for a parameter.

(3) The director may accept, with or without amendments, or reject the plan.

(4) A plan is accepted by the director if the director does not notify the owner or operator in writing within 30 days of receiving the plan that

(a) the plan is rejected, or

(b) the owner or operator must amend the plan as directed by the director.

(5) If an owner or operator fails to submit a plan under subsection (2) or a director rejects a plan, the owner or operator must not permit the discharge of emissions from the plant, except for the purposes of stack monitoring, until the stack monitoring results show that the emissions do not exceed any of the concentration limits in Schedule B.

[en. B.C. Reg. 357/2002, s. 5; am. B.C. Reg. 321/2004, s. 4 (g).]

Maintenance of plant and emergency procedures

14  (1) The operator of a hot mix asphalt plant must

(a) make a daily inspection of the emission control components, and

(b) maintain the emission control components in good working order.

(2) If an emergency arises or there is any condition which prevents the continued operation of the emission control components or results in non-compliance with this regulation, the operator must

(a) stop production immediately,

(b) notify a director, as soon as practically possible, of the time, date and nature of the occurrence and the corrective action taken, and

(c) ensure that the emission control components are in good working order before resuming production.

[am. B.C. Reg. 321/2004, s. 4 (f).]

Requirements for reclaimed asphalt pavement usage and raw materials

15  (1) Repealed. [B.C. Reg. 357/2002, s. 6 (a).]

(2) Written authorization from a director is required for the use of industrial waste or by-products which are not covered under the Hazardous Waste Regulation.

(3) Only water based releasing agents may be used to prevent adhesion to hot mix asphalt hauling equipment.

[am. B.C. Regs. 357/2002, s. 6; 321/2004, s. 4 (f) and (h).]

Plant location requirements

16  (1) An owner or operator who intends to erect a stationary plant at a new location must notify a director, in writing, at least 60 days before erecting the plant at the new location.

(2) A mobile plant operating in a location which has not been previously used for asphalt production must be a minimum of

(a) 50 metres from a stream,

(b) 300 metres from residences or businesses, and

(c) 500 metres from a school in session, hospital or facility used for continuing care as defined in the Continuing Care Act.

(3) If a director has reason to believe that any applicable ambient air quality objective or guideline may be exceeded due in part to the operation of a hot mix asphalt plant, the owner may be required to perform ambient monitoring.

[am. B.C. Reg. 321/2004, s. 4 (f).]

Notification for relocation of mobile plants

17  (1) The owner or operator of a mobile plant must provide notice to a director, in writing, at least 14 days before the relocation of the mobile plant, a plan of operation which includes all of the following:

(a) registration information submitted under section 3 (2);

(b) the start and end dates, and daily working hours, for the project;

(c) a site plan which shows

(i) the land the hot mix asphalt operation will be occupying,

(ii) the general plant equipment layout,

(iii) the point or points of discharge into the atmosphere,

(iv) the distance to any stream, residence or business, school in session, hospital or facility used for continuing care as defined in the Continuing Care Act,

(v) the legal description of the site upon which the works are located,

(vi) the approximate scale of the drawing,

(vii) the north direction, and

(viii) an inset map to enable the site to be located in relation to the surrounding area;

(d) a contact name and the address of the client for the project;

(e) the estimated quantity of recycled asphalt pavement to be used, if any, as a percentage of total hot mix asphalt produced;

(f) the estimated number of tonnes of hot mix asphalt to be produced during the project;

(g) the most recent set of stack sampling results performed under section 13 (1) and (2) and associated information collected under section 13 (3);

(h) the last maintenance assessment of the emission control equipment, if any.

(2) If adjustments are made after the notification in subsection (1), the operator must provide notification to the director, in writing, of the adjustments within 3 days after making the adjustments.

(3) A mobile plant operator must, before commencing operations, notify the public through local media outlets if and as required by the director.

[am. B.C. Reg. 321/2004, s. 4 (f) and (g).]

Cutback asphalt

18  (1) A person must not, between May 1 and September 30,

(a) use cutback asphalt on a roadway as a prime or tack coat agent, or

(b) use cutback asphalt mix on a roadway for the filling of potholes or emergency road repair if

(i) an operating hot mix asphalt plant is located within a 25 kilometre radius of the work site or maintenance depot, and

(ii) more than 5 tonnes of asphalt mix is required.

(2) A director may order additional restrictions on the use of cutback asphalt.

[am. B.C. Reg. 321/2004, s. 4 (i).]

Part 4 — Miscellaneous

Offence and penalty

19  (1) A person who knowingly gives false information

(a) in a registration required by this regulation,

(b) for monitoring required to be kept under this regulation, or

(c) in any location or relocation notification required to be given under this regulation,

commits an offence and is liable on conviction to a fine not exceeding $100 000.

(2) A person who contravenes a provision of this regulation, other than an offence referred to in subsection (1), commits an offence and is liable on conviction to a fine not exceeding $200 000.

Repealed

20  Repealed. [B.C. Reg. 321/2004, s. 4 (j).]

Schedule A

(sections 5 (1) and 6 (3))

Hot-in-Place Asphalt Recycling Plant Limits

Column 1
Parameter
Column 2
Concentration Limita
Column 3
Production Limit
Carbon Monoxide 500 mg/m3 (1 hr average) 50 g/tonneb
Organicsc 50 mg/m3 (1 hr average) 2.5 g/tonneb
Organics removal efficiencyd 80%
Opacitye 20%
a average concentrations for all afterburner or central combustion stacks in mg/m3 dry, corrected to 16% 02, at 20° C and 101.325 kPa.
b grams per tonne of asphalt recycled.
c sample for at least one continuous hour for each machine train unit.
d applies to direct fired infrared plants only and calculated as follows:
  Organics removal efficiency = [(IC – OC)/IC] x 100
  where IC  =  organics entering the afterburner in grams per tonne, as a one hour average;
  OC  =  organics leaving the afterburner in grams per tonne, as a one hour average.
e for stack emissions and emissions which originate around the shrouding.

Schedule B

[en. B.C. Reg. 357/2002, s. 7; am. B.C. Reg. 199/2007, s. 3.]

(sections 11, 13 and 13.1)

Hot Mix Asphalt Plant Limits

Column 1 Column 2 Column 3
Parameter Concentration Limit: • Lower Fraser Valley • Prince George Area • New Plants • Modified Plants Concentration Limit: • Other Plants
Particulatesa 90 mg/m3 120 mg/m3
Organicsa 60 mg/m3 (1 hr average) 120 mg/m3 (1 hr average)
Opacity 20% 20%
Carbon Monoxidea 200 mg/m3 400 mg/m3
a concentrations in mg/m3 dry, corrected to 16% 02, at 20° C and 101.325 kPa.

Schedule C and D

Repealed. [B.C. Reg. 357/2002, s. 7.]