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Volume 45, No. 23

B.C. Reg. 357/2002

The British Columbia Gazette,

Part II

December 17, 2002

B.C. Reg. 357/2002, deposited December 13, 2002, pursuant to the WASTE MANAGEMENT ACT [Sections 41 and 57]. Order in Council

1111/2002, approved and ordered December 13, 2002.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective January 1, 2003, the Asphalt Plant Regulation, B.C. Reg. 217/97, is amended as set out in the attached Schedule. — J. MURRAY, Minister of Water, Land and Air Protection; G. CAMPBELL, Presiding Member of the Executive Council .

Schedule

Section 3 of the Asphalt Plant Regulation, B.C. Reg. 217/97, is amended

(

a) by repealing subsection (1) and substituting the following:

(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. , and

(

b) in subsection (4) (

a) by striking out "the day this regulation comes into force" and substituting "June 27, 1997".

2 The following

section is added:

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.

Section 11 is amended

(

a) in subsections (1) to (3) by striking out "the day this regulation comes into force" and substituting "June 27, 1997",

(

b) in subsections (1) to (2.1) by striking out "those specified" and substituting "the concentration limits",

(

c) in subsection (2) by striking out "Schedule C" and substituting "Schedule B",

(

d) in subsection (2.1) by striking out "Column 2 of

Schedule D" and substituting "Column 3 of

Schedule B", and

(

e) in subsection (3) by striking out "comply with the

Schedule B emission limits" and substituting "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."

Section 13 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

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

(

b) in subsection (1) (

b) by adding "or as authorized by a manager" after "section 3 (2) (h)",

(

c) by adding the following subsections:

(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 manager may require that stack monitoring be performed if the manager 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). ,

(

d) by repealing subsections (2) and (4), and

(

e) in subsection (3) (

d) and (

h) by striking out ", C or D, whichever is applicable to the plant".

5 The following

section is added:

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 manager, 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 manager may accept, with or without amendments, or reject the plan.

(4) A plan is accepted by the manager if the manager 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 manager.

(5) If an owner or operator fails to submit a plan under subsection (2) or a manager 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.

Section 15 is amended

(

a) by repealing subsection (1), and

(

b) in subsection (2) by striking out "approval" and substituting "authorization".

7 Schedules B to D are repealed and the following substituted:

Schedule B

(sections 11, 13 and 13.1)

Hot Mix Asphalt Plant Limits

Column 1

Parameter

Column 2

Concentration Limit:

• Lower Fraser Valley

• New Plants

• Modified Plants

Column 3

Concentration Limit:

• Other Plants

Particulates a

90 mg/m 3

120 mg/m 3

Organics a

60 mg/m 3 (1 hr average)

120 mg/m 3 (1 hr average)

Opacity

20%

20%

Carbon Monoxide a

200 mg/m 3

400 mg/m 3

a concentrations in mg/m 3 dry, corrected to 16% O 2 , at 20 o C and 101.325 kPa.

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