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*November 7, 2023*               

City of Kenmore Communications
communications@kenmorewa.gov
425-398-8900

Heidelberg Materials (Cadman) Asphalt Plant Update

This is an update on the status of the Heidelberg Materials asphalt plant and its compliance with Puget Sound Clean Air Agency (PSCAA) permitting and processes. The following paragraphs are a summary of what has occurred over the last year or so:


* The Puget Sound Clean Air Agency issued an Order of Approval NO. 11861 (Notice of Construction [NOC]) [ https://www.kenmorewa.gov/home/showdocument?id=2873&t=638348634487631736 ] dated October 26, 2022, for modifications to the facility that had been completed without proper permits. The NOC contains a list of specific emission limits and testing requirements for the facility based on PSCAA, Washington State and federal air quality regulations and PSCAA’s engineering review of the facility.


* The emission limits for the facility are established by PSCAA to protect public health and are based both on Washington State’s air toxics regulations as well as best available control technology (BACT) requirements. The permit also establishes significant new requirements for odor monitoring and nuisance odor complaint response by Heidelberg Materials. The process to reach the PSCAA decision involved publication of a draft permit and opportunity for public comments, including input from the City of Kenmore.


* Heidelberg Materials initially appealed the NOC and its conditions to the Washington State Pollution Control Hearings Board (PCHB). However, in July of 2023, Heidelberg Materials dropped its appeal and now must meet all the emission limits and conditions of the NOC.


* A significant component of the new PSCAA permit is a testing requirement for the facility. An initial emissions test was required within 90 days after permit issuance and additional testing is required every 36 months. The testing must demonstrate that the facility meets the emission limits of the permit. The initial emissions testing of the facility last January was not successful and did not demonstrate compliance with permitted emission limits, and a few weeks later, the plant went into temporary idle status.


* During the idle status, Heidelberg Materials completed some facility maintenance including stack cleaning and baghouse maintenance and then conducted another emissions test in August of 2023. A test report from Heidelberg’s testing consultant was recently submitted to the PSCAA. The report appears to indicate the facility met the emission limits of the permit. Through a recent public records request made by the City, PSCAA provided the City a copy of the test report. The report is linked here [ https://www.kenmorewa.gov/home/showdocument?id=2875&t=638348634496693819 ]. The test report is currently being reviewed by PSCAA to determine whether the testing was done properly and demonstrates compliance with the emission limits in the NOC. Based on recent information from PSCAA, their review is expected to be completed before the end of November.


* Heidelberg has begun operation of the plant after an extended closure. The PSCAA indicates that operation of the plant is allowed after completion of a successful emissions test. The City understands that PSCAA is working to confirm that Cadman has been in compliance with its permit.


* Questions regarding review of the test results should be directed to the PSCAA [ https://pscleanair.gov/ ].


* A copy of the October 2022 NOC, which includes the Heidelberg Materials permit conditions, is linked here [ https://www.kenmorewa.gov/home/showdocument?id=2873&t=638348634487631736 ]. The NOC contains detailed information regarding facility emission limits, testing requirements and odor monitoring conditions.


* City staff continues to monitor the PSCAA process and also continues to respond to nuisance odor complaints from community members in coordination with PSCAA. PSCAA is the agency with enforcement authorities for odor issues and permit compliance. Complaints may be registered with the PSCAA by phone at (800) 552-3565 or by mail or email, as listed on their website at pscleanair.gov [ https://pscleanair.gov/ ]. The City of Kenmore also has an agreement with PSCAA to respond to odor complaints which can be made by phone at (425) 398-8900.

Below are links to some relevant documents related to the above referenced matters:


* Order of Approval NO. 11861 (Notice of Construction [NOC]) [ https://www.kenmorewa.gov/home/showdocument?id=2873&t=638348634487631736 ] dated October 26, 2022
* August 2023 Performance Tests Results [ https://www.kenmorewa.gov/home/showdocument?id=2875&t=638348634496693819 ] (currently under review by PSCAA)
* Additional background information: www.kenmorewa.gov/asphaltplant [ https://www.kenmorewa.gov/our-city/projects/asphalt-plant ]

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*See more City of Kenmore news:* www.kenmorewa.gov/news [ https://www.kenmorewa.gov/our-city/city-news ]

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