United States Environmental Protection Agency

General Permit for New or Modified Minor Sources of Air 

Pollution in Indian Country

http://www.epa.gov/air/tribal/tribalnsr.html

General Air Quality Permit for New or Modified Minor Source Hot Mix 

Asphalt Plants in Indian Country

Last Modified: April 6, 2015

Information about this General Permit:

Applicability

Pursuant to the provisions of the Clean Air Act (CAA), Subchapter I, part D and 40 CFR part 49, subpart C, this 

permit authorizes the construction or modification and the operation of each stationary and portable hot mix 

asphalt plant for which a reviewing authority issues an Approval of the Request for Coverage (permitted source). 

Eligibility

To be eligible for coverage under this General Permit, the permitted source must qualify as a minor source as 

defined in 40 CFR 49.152. 

Request for Coverage

Requirements for submitting a Request for Coverage are contained in Section 7 of this General Permit. 

Incorporation of Documents

The information contained in each reviewing authority’s Approval of the Request for Coverage is hereby 

incorporated into this General Permit. 

Termination

Section 6 of this General Permit addresses a reviewing authority’s ability to revise, revoke and reissue, or 

terminate this General Permit. It also addresses the reviewing authority’s ability to terminate an individual 

permitted source’s Approval of the Request for Coverage under this General Permit. 

Definitions

The terms used herein shall have the meaning as defined in 40 CFR 49.152, unless otherwise defined in 

Attachment B of this permit. If a term is not defined, it shall be interpreted in accordance with normal business 

use. 
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Permit Terms and Conditions

The following applies to each permittee and permitted source with respect to only the affected emissions units 

and any associated air pollution control technologies in that permitted source’s Approval of the Request for 

Coverage.

Section 1 – General Provisions

1. Construction and Operation 

The permittee shall construct or modify and shall operate the affected emissions units and any associated 

air pollution control technologies in compliance with this permit and all other applicable federal air quality 

regulations; and in a manner consistent with representations made by the permittee in the Request for 

Coverage, to the extent the reviewing authority relies upon these representations in issuing the Approval of 

the Request for Coverage. 

2. Locations 

This permit only authorizes the permittee to construct or modify and to operate the permitted source in the 

location(s) listed in the reviewing authority’s Approval of the Request for Coverage for that permitted 

source.

3. Liability 

This permit does not release the permittee from any liability for compliance with other applicable federal 

and tribal environmental laws and regulations, including the CAA. 

4. Severability 

The provisions of this permit are severable. If any portion of this permit is held invalid, the remaining 

terms and conditions of this permit shall remain valid and in force. 

5. Compliance 

The permittee must comply with all provisions of this permit, including those set forth in the attachments 

and emission limitations that apply to the affected emissions units at the permitted source. Noncompliance 

with any permit provision is a violation of the permit and may constitute a violation of the CAA; is grounds 

for an enforcement action; and is grounds for the reviewing authority to revoke the Approval of the Request 

for Coverage and terminate the permitted source’s coverage under this General Permit. 

6. National Ambient Air Quality Standards (NAAQS)/Prevention of Significant Deterioration (PSD) Protection 

The permitted source must not cause or contribute to a NAAQS violation or, in an attainment area, must not 

cause or contribute to a PSD increment violation. 

7. Unavailable Defense 

It is not a defense for the permittee in an enforcement action that it would have been necessary to halt or 

reduce the permitted activity in order to maintain compliance with the provisions of this permit. 

8. Property Rights

This permit does not convey any property rights of any sort or any exclusive privilege. 
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9. Information Requests

You, as the permittee, shall furnish to the reviewing authority, within 30 days unless another timeframe is 

specified by the EPA, any information that the reviewing authority may request in writing to determine 

whether cause exists for revising, revoking and reissuing, or terminating coverage under the permit or to 

determine compliance with the permit. For any such information claimed to be confidential, the permittee 

must submit a claim of confidentiality in accordance with 40 CFR part 2 subpart B. 

10. Inspection and Entry

Upon presentation of proper credentials, the permittee must allow a representative of the reviewing 

authority to:

a. Enter upon the premises where a permitted source is located or emissions-related activity is conducted 

or where records are required to be kept under the conditions of the permit;

b. Have access to and copy, at reasonable times, any records that are required to be kept under the 

conditions of the permit;

c. Inspect, during normal business hours or while the permitted source is in operation, any facilities, 

equipment (including monitoring and air pollution control equipment), practices or operations regulated 

or required under the permit;

d. Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring 

compliance with the permit or other applicable requirements and

e. Record any inspection by use of written, electronic, magnetic and photographic media.

11. Posting of Coverage 

The most current Approval of the Request for Coverage for the permitted source, must be posted 

prominently at the facility, and each affected emissions unit and any associated air pollution control 

technology must be labeled with the identification number listed in the Approval of the Request for 

Coverage for that permitted source. 

12. Duty to Obtain Source-specific Permit 

If the reviewing authority intends to terminate a permitted source’s coverage under this General Permit for 

cause as provided in Section 6 of this General Permit, then the permittee shall apply for and obtain a sourcespecific permit as required by the reviewing authority. 

13. Credible Evidence

For the purpose of establishing whether the permittee violated or is in violation of any requirement of this 

permit, nothing shall preclude the use, including the exclusive use, of any credible evidence or information 

relevant to whether a permitted source would have been in compliance with applicable requirements if the 

permittee had performed the appropriate performance or compliance test or procedure. 

Section 2: Emission Limitations and Standards

14. The permittee shall install, maintain, and operate each affected emissions unit, including any associated air 

pollution control equipment, in a manner consistent with good air pollution control practices for minimizing 

emissions of New Source Review-regulated pollutants and considering the manufacturer’s recommended 

operating procedures at all times, including periods of startup, shutdown, maintenance and malfunction. 

The reviewing authority will determine whether the permittee is using acceptable operating and 

maintenance procedures based on information available to the reviewing authority which may include, but 
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is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, 

and inspection of the permitted source.

15. Except as specified in Condition 17, production of hot mix asphalt shall not exceed the following amounts:

a. 83,000 tons-per-month based on a 12-month rolling average from a drum mix asphalt plant; 

b. 27,000 tons-per-month based on a 12-month rolling average from a batch mix asphalt plant.

16. In serious CO nonattainment areas, production of hot mix asphalt shall not exceed the following amounts:

a. 33,000 tons-per-month based on a 12-month rolling average from a drum mix asphalt plant;

b. 11,000 tons-per-month based on a 12-month rolling average from a batch mix asphalt plant.

17. The following throughput limits apply when sources are co-located with stone quarrying, rock crushing and 

screening facilities and have elected to comply with the limits, as applicable:

a. 73,000 tons-per-month based on a 12-month rolling average from a drum mix asphalt plant;

b. 25,000 tons-per-month based on a 12-month rolling average from a batch mix asphalt plant.

The requirement to comply with this condition shall be specified in the Approval of Request for Coverage.

18. Fuel combustion shall be limited to the following fuels: 

a. Natural gas, propane, distillate fuel, and biodiesel in the dryer/mixer and auxiliary heaters;

b. Diesel and biodiesel in the stationary engines and generators. 

19. Liquid fuels shall contain no more than 0.0015 percent sulfur by weight.

20. The combined fuel consumption in all engines and generators, excluding nonroad mobile engines, shall not 

exceed 12,500 gallons-per-calendar month, except for:

a. Permitted sources located in a serious ozone nonattainment area, where fuel consumption shall not

exceed 5,200 gallons-per-calendar month; or

b. Permitted sources required by the Approval of Request for Coverage to comply with this condition,

Condition 20.b., 18,275 gallons per-calendar month. This fuel consumption limit also includes any fuel 

use at a co-located stone quarrying, crushing, and screening operation.

21. Emissions from an affected dryer/mixer shall be controlled using a baghouse or venturi scrubber during all 

times when the affected emissions unit operates.

22. The permittee should maintain a supply of extra bags and other spare parts for the baghouse onsite. When a 

bag replacement is needed the facility shall shut down until the replacement bag is installed.

23. The permittee shall comply with the fugitive dust control plan in Attachment C.

24. Each affected emissions unit shall not cause to be discharged into the atmosphere any gases that exhibit 20 

percent opacity or greater averaged over any six-consecutive-minute period.

25. Emissions from each affected emissions unit mixer/dryer shall not exceed the following: 
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Fuel Pollutant Nonattainment Attainment, Unclassifiable or 

Attainment/Unclassifiable

Liquid Carbon 

Monoxide (CO)

600 ppmvd @ 3% O2 600 ppmvd @ 3% O2

Nitrogen Oxides 

(NOx)

40 ppmvd @ 3% O2 140 ppmvd @ 3% O2

Particulate 

Matter 

(PM/PM10/PM2.5)

0.01 gr/dscf, except for a 

baghouse with a filter area less 

than 7,500 square feet, then 0.04 

gr/dscf

0.04 gr/dscf

Gaseous CO 400 ppmvd @ 3% O2 400 ppmvd @ 3% O2

NOx 36 ppmvd @ 3% O2 80 ppmvd @ 3% O2

PM/PM10/PM2.5 0.01 gr/dscf, except for a 

baghouse with a filter area less 

than 7,500 square feet then 0.04 

gr/dscf

0.04 gr/dscf

Notes The nonattainment CO limit applies in areas classified as nonattainment for CO.

The nonattainment NOx limit applies in areas classified as nonattainment for ozone, NO2 or 

PM2.5.

The nonattainment PM limit applies in areas classified as nonattainment for PM10 or PM2.5.

The nonattainment PM limit includes both filterable and condensable particulate matter.

26. Each permitted source located in a PM10 or PM2.5 nonattainment area shall cool gases in the asphalt storage 

tank to less than 120 degrees Fahrenheit and vent to a fiberglass or steel wool filter.

27. Each permitted source located in ozone nonattainment area shall not cause emissions from any process 

heater to exceed:

a. 20 ppmvd NOX at 3% O2, and

b. 400 ppmvd CO at 3% O2. 

28. Each affected compression ignition engine, excluding nonroad mobile engines, shall comply with the 

following limitations and standards:

a. Each compression ignition engine that commenced construction on or after June 12, 2006 shall be 

certified to the applicable Tier standards in 40 CFR 89.112 and 40 CFR 1039.101 through 1039.104, for 

all pollutants, for the same model year and maximum engine power.

b. Each compression ignition engine that commenced construction before June 12, 2006 shall meet the 

following standards based on the engine’s maximum rated power:
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Maximum 

Engine Power 

Rating

Emission Standard

≤ 300 HP (a) Change oil and filter every 1,000 hours of operation or annually, whichever 

comes first; (b) Inspect air cleaner every 1,000 hours of operation or annually, 

whichever comes first; (c) Inspect all hoses and belts every 500 hours of operation 

or annually, whichever comes first, and replace as necessary.

300 < HP ≤ 500 Limit CO to 49 ppmvd @ 15% O2 OR reduce CO emissions by 70 percent or more. 

Emissions shall be controlled through the use of an oxidation catalyst. Engines 

certified to Tier 3 standards in 40 CFR 89.112 are exempt from this limit.

HP > 500 Limit CO to 23 ppmvd @ 15% O2 OR reduce CO emissions by 70 percent or more. 

Emissions shall be controlled through the use of an oxidation catalyst. Engines 

rated at less than or equal to 560kW that are certified to Tier 3 standards in 40 CFR 

89.112 are exempt from this limit. Engines rated at greater than 560kW that are 

certified to Tier 2 standards in 40 CFR 89.122 are exempt from this limit. 

Section 3: Monitoring and Testing Requirements

29. Baghouse and Venturi Scrubber

a. If using a baghouse to comply with Condition 21, at least once during each calendar week in which the 

permitted source operates, the permittee shall inspect the interior and exterior of the baghouse for 

evidence of leaking, damaged, and missing bags, and take appropriate corrective actions before 

resuming operations.

b. If using a venturi scrubber to comply with Condition 21, the permitted source shall:

i. Install, maintain, and operate a monitoring device for the continuous measurement (at least once 

every 15 minutes) of the pressure drop across the gas stream through the scrubber;

ii. Install, maintain, and operate a monitoring device for continuous measurement (at least once every 

15 minutes) of the scrubbing liquid flow rate to the scrubber; and

iii. Operate the scrubber such that the 3-hour block average of the pressure drop and liquid flow rate 

do not differ by more than +/- 30 percent from the most recent performance test average.

30. Visible Emissions Survey 

At least once during each calendar week in which the permitted sources operates, the permittee shall 

perform a visible emissions survey of all affected emissions units subject to the opacity limit in Condition 24. 

The survey shall be performed during daylight hours by an individual trained in the U.S. Environmental 

Protection Agency (EPA) Method 22 while the permitted source is in operation. If visible emissions are 

detected during the survey, the permittee shall either:

a. Take corrective action so that within 24 hours no visible emissions are detected from any affected 

emissions units while they are in operation; or

b. Demonstrate compliance with the opacity limit at all units that discharged visible emissions during the 

survey using EPA Method 9 by an individual trained and certified in Method 9.
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31. Fugitive Emissions Survey

At least once during each calendar week in which the permitted source operates, the permittee shall survey 

the facility for visible fugitive emissions. If fugitive emissions are detected crossing the property line the 

permittee shall take corrective actions according to the attached fugitive dust control plan (Attachment C).

32. Initial Performance Test for Mixer/Dryer 

a. Within 60 days after achieving the maximum production rate at which the permitted source will operate 

the affected emissions unit(s), but not later than 180 days after the first day of operation after receiving 

coverage under the General Permit, the permittee shall perform an initial performance test to verify 

compliance with the applicable emission limitations in Conditions 25 and 27. Performance tests shall be 

performed: 

i. According to a test plan approved by the reviewing authority;

ii. While the permitted source is operating under typical operating conditions;

iii. If using a venturi scrubber, while the scrubber’s pressure drop and liquid flow rate are being 

continuously monitored;

iv. Using test methods from 40 CFR part 60, appendix A unless alternative methods are approved by 

the reviewing authority in writing in advance of the test. For process heaters, measurements of NOX

and CO may be taken using portable analyzers according to ASTM D6522-00, as incorporated by 

reference in 40 CFR 63.14(b)(27); 

v. Using Method 5 with a sample volume of at least 31.8 dscf to determine particulate matter 

concentration; and

vi. Simultaneously for CO and NOx whenever either one needs to be tested.

b. Compliance with each limit shall be demonstrated by averaging the results of at least three test runs of 

at least one hour duration each, unless the permittee can demonstrate to the satisfaction of the 

reviewing authority that the result of one of the test runs should be discarded. The test results the 

permittee submits must contain at least two test runs.

c. The permitted source may substitute the results of the most recent performance test performed on the 

mixer/dryer in lieu of conducting the initial performance test for the mixer/dryer required above, 

provided that the most recent performance test was conducted within two years of the Approval of 

Request for Coverage issued by the reviewing authority, and, was conducted according to the 

requirements in Condition 32.a. above.

33. Additional Performance Test(s) for Mixer/Dryer 

Ongoing performance tests meeting the criteria of the initial performance test in Condition 32 shall be 

performed:

a. When required by the reviewing authority;

b. When the hot mix asphalt plant is relocated to an area classified as nonattainment for CO, ozone, NO2, 

PM10, or PM2.5 from an area that is in attainment, unclassifiable or attainment/unclassifiable for that 

pollutant unless the most recent compliance test showed compliance with the applicable nonattainment 

emission limits; and

c. At least every five years.

34. Inspection and Tune-up following Relocation of Mixer/Dryer

Whenever the permitted source relocates to sites approved under this permit, the permittee shall conduct 

an inspection and tune-up of the dryer/mixer burners meeting the following requirements:
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a. Burners shall be visually inspected and components cleaned or replaced as necessary;

b. The flame pattern shall be inspected and adjusted consistent with the manufacturer’s specifications;

c. The combustion zone shall be inspected and adjusted so it is unobstructed by aggregate or other solid 

materials;

d. The system controlling the air-to-fuel ratio shall be inspected to ensure it is correctly calibrated and 

functioning properly;

e. CO and NOx concentrations (in ppm) and O2 concentration (in percent by volume) in the exhaust stream 

shall be measured to ensure compliance with the applicable emission limits in Condition 25 and the 

burners adjusted as necessary. Measurements may be taken using portable analyzers following the 

procedures specified by ASTM standard D6522-11. 

35. Performance Test for Engines

Within 60 days after achieving the maximum production rate at which the permitted source will operate, 

but not later than 180 days after the first day of operation after the Approval of Request for Coverage is 

issued by the reviewing authority, the permittee shall perform a performance test to verify compliance with 

the CO emission limits in Condition 28.b, as applicable, as follows:

a. According to an EPA-approved test plan;

b. While the hot mix asphalt plant is operating under typical operating conditions;

c. Using test methods from 40 CFR part 60, appendix A, or portable analyzers allowed by 40 CFR part 63, 

subpart ZZZZ, unless alternative methods are approved by the reviewing authority in writing in advance 

of the test; 

d. While the catalyst inlet temperature and pressure drop are being monitored and recorded;

e. Upon completion of the performance test, the permittee shall establish the operating range for the 

catalyst inlet temperature based on a 4-hour average and the pressure drop across the catalyst; and

f. The permittee shall conduct subsequent performance tests according to this paragraph whenever 

required by the reviewing authority.

The permitted source may substitute the results of the most recent performance test performed on the 

engine(s) in lieu of conducting the performance test for engines required above, provided that the most 

recent performance test was conducted within two years of the first day of operation after the Approval of 

Request for Coverage is issued by the reviewing authority, and, was conducted according to the 

requirements in Conditions 35.a-f. above.

36. Continuous Parameter Monitoring at Engines

For each engine greater than 500 hp subject to a CO emission limitation the permittee shall install, operate, 

and maintain a continuous parameter monitoring system according to the methods in 40 CFR 63.6625(b) to 

continuously monitor catalyst inlet temperature. Catalyst temperature data shall be reduced to 4-hour 

rolling averages. The permittee shall maintain the 4-hour rolling average catalyst inlet temperature within 

the operating parameter established during the most recent performance test.

37. Pressure Drop Monitoring at Engines

For each engine greater than 500 hp subject to a CO emission limitation the permittee shall monitor the 

pressure drop across the catalyst on a monthly basis. The permittee shall ensure the pressure drop across 

the catalyst is within the operating parameters established during the most recent performance test.
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Section 4: Recordkeeping Requirements

38. The permittee shall maintain all records required to be kept by this permit for at least five years from the 

date of origin, unless otherwise stated, either onsite or at a convenient location, such that they can be 

delivered to the reviewing authority within 24 hours of a request.

39. The permit application and all documentation supporting that application shall be maintained by the 

permittee for the duration of time the affected emissions unit(s) is covered under this permit. 

40. The amount of asphalt produced each month shall be recorded.

41. The types and quantities of fuel combusted in each affected emissions unit, including engines and 

generators, shall be recorded each month.

42. The dates and results of all baghouse inspections performed pursuant to Condition 29.a and any corrective 

actions taken as a result of the required inspections shall be recorded. 

43. The permitted source shall maintain records of the 3-hour block average pressure drop and liquid flow rate 

data monitored by Condition 29.b and any associated corrective actions taken.

44. The dates and results of each visible emissions survey performed pursuant to Condition 30 shall be 

recorded. At a minimum, records shall include:

a. The name of the person, company or entity conducting the survey; 

b. Whether visible emissions were detected from any affected emissions unit;

c. Any corrective action taken;

d. The result of any corrective action; and

e. The results of any Method 9 tests performed.

45. The dates and results of each fugitive emissions survey performed pursuant to Condition 31, any corrective 

action taken as a result of each survey, and the result of any corrective action taken shall be recorded.

46. The results of each performance test conducted pursuant to Condition 32, 33, or 35 shall be recorded. At a 

minimum, the permittee shall maintain records of:

a. The date of each test;

b. Each test plan;

c. Any documentation required to approve an alternate test method;

d. Test conditions, including the amount of asphalt produced and the type and amount of fuel combusted 

in the mixer/dryer during each test run; 

e. The results of each test;

f. If using a venturi scrubber, the average pressure drop and liquid flow rate measured during a 

performance test for particulate matter and the operating ranges established according to Condition 

29.b.iii.; and

g. The name of the company or entity conducting the analysis. 
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47. The dates and results of each dryer/mixer inspection and tune up performed pursuant to Condition 34, any 

corrective action taken as a result of each inspection and tune up, and the result of any corrective action 

taken shall be recorded.

48. A log of all maintenance activities conducted on each engine, excluding nonroad mobile engines, shall be 

recorded.

49. The date, time, and duration of each deviation from the established catalyst operating parameters for each 

engine and the established venturi scrubber operating parameters, corrective actions taken to return the 

equipment to normal operation, and the results of any corrective action taken shall be recorded.

Section 5: Notification and Reporting Requirements

50. Notification of Construction or Modification, and Operations 

The permittee shall submit a written or electronic notice to the reviewing authority within 30 days from 

when the permittee begins actual construction, and within 30 days from when the permittee begins initial 

operations or resumes operation after a modification. 

51. Notification of Relocation

When a permittee intends to relocate the permitted source to an alternate location contained in the 

Approval of the Request for Coverage, then the permittee must notify the reviewing authority electronically 

within 30 days before or after such relocation. The notification must identify the owner, the preceding 

location, and the new location of the permitted source. 

52. Notification of Change in Ownership or Operator

If the permitted source changes ownership or operator, then the new owner or operator must submit a 

written or electronic notice to the reviewing authority within 90 days after the change in ownership or 

operator is effective. In the report, the new permittee must provide the reviewing authority a written 

agreement containing a specific date for transfer of ownership or operator, and an effective date on which 

the new owner or operator assumes partial and/or full coverage and liability under this permit. The 

submittal must identify the previous owner or operator, and update the name, street address, mailing 

address, contact information, and any other information about the permitted source if it would change as a 

result of the change of ownership or operator. The current owner or operator shall ensure that the 

permitted source remains in compliance with the General Permit until any such transfer of ownership or 

operator is effective. 

53. Notification of Closure 

The permittee must submit a report of any permanent or indefinite closure to the reviewing authority in 

writing within 90 days after the cessation of all operations at the permitted source. The notification must 

identify the owner, the current location, and the last operating location of the permitted source. It is not 

necessary to submit a report of closure for regular, seasonal closures. 

54. Annual Reports

The permittee shall submit an annual report on or before March 15 of each year to the reviewing authority. 

The annual report shall cover the period from January 1 to December 31 of the previous year and shall 

include:
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a. An evaluation of the permitted source’s compliance status with the requirements in Section 2 for each 

location in which the permitted source located during the calendar year;

b. Summaries of the required monitoring and recordkeeping in Sections 3 and 4; and

c. Summaries of deviation reports submitted pursuant to Condition 55.

55. Deviation Reports 

The permittee shall promptly report to the reviewing authority any deviations as defined at 40 CFR 

71.6(a)(3)(iii)(C) from permit requirements including deviations attributable to upset conditions. Deviation 

reports shall include:

a. The identity of affected emissions unit where the deviation occurred. 

b. The nature of the deviation;

c. The length of time of the deviation; 

d. The probable cause of the deviation; and

e. Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions 

from the deviation and to prevent future deviations.

f. For the purposes of this permit, promptly shall be defined to mean:

i. Within 72 hours of discovery for deviations from any opacity limit in Condition 24 or emission limit 

in Condition 25; or

ii. Within 30 days after the end of the month in which the permittee discovered the deviation, for all 

other deviations.

56. Performance Test Reports 

The permittee shall submit a test report to the reviewing authority within 45 days after the completion of 

any required performance test. At a minimum, the test report shall include:

a. A description of the affected emissions unit and sampling location(s);

b. The time and date of each test;

c. A summary of test results, reported in units consistent with the applicable standard;

d. A description of the test methods and quality assurance procedures used;

e. A summary of any deviations from the proposed test plan and justification for why the deviation(s) was 

necessary;

f. The amount of fuel burned, raw material consumed, and product produced during each test run;

g. Operating parameters of the affected emissions units and control equipment during each test run; and

h. Sample calculations of equations used to determine test results in the appropriate units.

i. The name of the company or entity performing the analysis.

57. Reporting and Notification Address 

The permittee shall send all required reports to the reviewing authority at the mailing address(es) specified 

in the Approval of the Request for Coverage. 

58. Signature Verifying Truth, Accuracy, and Completeness 

All reports required by this permit shall be signed by a responsible official as to the truth, accuracy, and 

completeness of the information. The report must state that, based on information and belief formed after 

reasonable inquiry, the statements and information are true, accurate, and complete. If the permittee 

discovers that any reports or notification submitted to the reviewing authority contain false, inaccurate, or 

incomplete information, the permittee shall notify the reviewing authority immediately and correct or 

amend the report as soon as practicable. 
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Section 6: Changes to this General Permit

59. Revising, Reopening, Revoking and Reissuing, or Terminating for Cause

The permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request 

by you, the permittee, for a permit revision, revocation and re-issuance, or termination, or of a notification 

of planned changes or anticipated noncompliance does not stay any permit condition. This provision also 

applies to the documents incorporated by reference.

60. Terminating Coverage Under this Permit

The reviewing authority may terminate a previously issued Approval of the Request for Coverage, and 

thereby terminate that permittee’s authorization to construct or modify, and that permitted source’s 

authorization to operate under this General Permit for cause as defined in Attachment B. The reviewing 

authority may provide the permittee with notice of the intent to terminate and delay the effective date of 

the termination to allow the permittee to obtain a source-specific permit as required by the reviewing 

authority.

61. Change in Ownership or Operator

If the permitted source changes ownership or operator, the reviewing authority may change the Approval of 

the Request of Coverage to reflect the new ownership or operator in accordance with the administrative 

amendment provisions in 40 CFR 49.159(f).

62. Permit Becomes Invalid

Authority to construct and operate under this permit becomes invalid if the permittee does not commence 

construction within 18 months after the effective date of the request for coverage under a general permit, if 

the permittee discontinues construction for a period of 18 months or more, or if the permittee does not 

complete construction within a reasonable time. The reviewing authority may extend the 18-month period 

upon a satisfactory showing that an extension is justified, according to 40 CFR 49.156(e)(8).

Section 7: Obtaining Coverage under this General Permit

63. To obtain coverage under this General Permit, an applicant must submit a Request for Coverage to the 

appropriate reviewing authority for the area in which the permitted source is or will be located (the Request 

for Coverage Form can be found at: http://www.epa.gov/air/tribal/tribalnsr.html). Attachment D contains a 

list of reviewing authorities and their area of coverage. 

64. If the plant will locate in areas covered by more than one reviewing authority, the applicant need only 

submit a Request for Coverage to one reviewing authority with regard to all intended locations of operation. 

The Request for Coverage must contain the information requested in the standard application form for this 

permit. You must also submit a copy of the Request for Coverage to the Indian governing body for every

area in which the permitted source plans to operate.
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Attachment A: Abbreviations and Acronyms

ASTM American Society for Testing and Materials

Btu British thermal units

CAA or the Act Federal Clean Air Act

CFR Code of Federal Regulations

CO carbon monoxide

EPA United States Environmental Protection Agency

gr/dscf gram per dry standard cubic foot

Hg mercury

hp horsepower

kW kilowatt

NAAQS National Ambient Air Quality Standards

NO2 nitrogen dioxide

NOx oxides of nitrogen except N2O

NSR New Source Review

PM particulate matter

PM10 particulate matter with an aerodynamic diameter less than 10 microns

PM2.5 particulate matter with an aerodynamic diameter less than 2.5 microns

ppm parts per million

ppmvd parts per million by volume, dry basis

PSD Prevention of Significant Deterioration
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Attachment B: Definitions

For the purposes of this General Permit:

Approval of the Request for Coverage means a reviewing authority’s letter granting an applicant’s request for 

construction or modification, and operation of a minor source under the terms and conditions of this General 

Permit.

Biodiesel means a combustion fuel made from fatty acids of methyl esters that complies with the specifications 

of ASTM 6751.

Cause means with respect to the reviewing authority’s ability to terminate a permitted source’s coverage under 

a permit that:

1. The permittee is not in compliance with the provisions of this General Permit; 

2. The reviewing authority determines that the emissions resulting from the construction or modification 

of the permitted source significantly contribute to National ambient air quality standard (NAAQS) 

violations, which are not adequately addressed by the requirements in this General Permit;

3. The reviewing authority has reasonable cause to believe that the permittee obtained Approval of the 

Request for Coverage by fraud or misrepresentation; or

4. The permittee failed to disclose a material fact required by the Request for Coverage or the regulations 

applicable to the permitted source of which the applicant had or should have had knowledge at the time 

the permittee submitted the Request for Coverage.

Construction means any physical change or change in the method of operation including fabrication, erection, 

installation, demolition, or modification of an affected emissions unit that would result in a change of emissions.

Distillate fuel means fuel oils, including recycled oils that comply with the specifications for fuel oil numbers 1 

and 2, as defined by ASTM 396, or equivalent.

Natural gas means a mixture of hydrocarbons that is a gas at standard conditions and is either composed of at

least 70 percent methane by volume or has a gross calorific value of between 950 and 1150 Btu per dry standard 

cubic foot.

Permittee means the owner or operator of a permitted source.

Permitted source means each stationary and portable hot mix asphalt plant for which a reviewing authority 

issues an Approval of the Request for Coverage.

Request for Coverage means a permit application that contains all the information required in the standard 

application form.

Responsible official means one of the following:

1. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar policy or decision-making 

functions for the corporation, or a duly authorized representative of such person if the representative is 

directly responsible for the overall operation of the permitted source.
General Permit for Hot Mix Asphalt Plants Page 15 of 18

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2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively.

3. For a public agency: Either a principal executive officer or ranking elected official, such as a chief 

executive officer having responsibility for the overall operations of a principal geographic unit of the 

agency.

Standard cubic foot means a measure of the quantity of a gas equal to a cubic foot of volume at a temperature 

of 68 °F and a pressure of 29.92 in. Hg.
General Permit for Hot Mix Asphalt Plants Page 16 of 18

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Attachment C: Dust Control Plan

1. Site Roadways and Plant Yard

a. The dust on the site roadways/plant yard shall be controlled by applications of water, calcium chloride 

or other acceptable fugitive dust control compound approved by the reviewing authority. Applications 

of dust suppressants shall be done as often as necessary to meet all applicable emission limits.

b. All paved roadways/plant yards shall be swept as needed between applications.

c. Any material spillage on roads shall be cleaned up immediately.

2. Plant

a. The drop distance at each transfer point shall be reduced to the minimum the equipment can achieve. 

b. The transfer point from the re-circulating belt to the feed belt shall be equipped with an enclosed chute.

3. Storage Piles

a. Stockpiling of all nonmetallic minerals shall be performed to minimize drop distance and control 

potential dust problems.

b. Stockpiles shall be watered on an as needed basis in order to meet the opacity limits. Also, equipment to 

apply water or dust suppressant shall be available at the site, or on call for use at the site, within a given 

operating day. 

4. Truck Traffic

a. Vehicles shall be loaded to prevent their contents from dropping, leaking, blowing or otherwise 

escaping. This shall be accomplished by loading so that no part of the load shall come in contact within 

six (6) inches of the top of any side board, side panel or tail gate; otherwise, the truck shall be tarped.

b. A speed limit sign of 15 miles-per-hour or lower shall be posted on site so that it is visible to truck traffic.

5. Corrective Actions

If corrective action needs to be taken, the permittee shall consider and use one or more of the following 

options: adjust the watering and/or sweeping frequencies, reduce drop distances, increase cover, and/or 

take other actions to reduce fugitive dust emissions.
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Attachment D – List of Reviewing Authorities and Areas of Coverage

EPA 

Region

Address for Notification of 

Coverage

Address for All Other 

Notifications and Reports

Area Covered Phone 

Number

Region I EPA New England

5 Post Office Square, Suite 100

Mail Code OEP05-2

Boston, MA 02109-3912

EPA New England

5 Post Office Square, Suite 100

Mail Code OES04-2

Boston, MA 02109-3912

Connecticut, 

Maine, 

Massachusetts, 

New 

Hampshire, 

Rhode Island, 

and Vermont

888- 372-7341

617-918-1111

Region II Chief, Air Programs Branch

Clean Air and Sustainability 

Division

EPA Region 2

290 Broadway, 25th Floor

New York, NY 10007-1866

Chief, Air Compliance Branch

Division of Enforcement and 

Compliance Assistance

EPA Region 2

290 Broadway, 21st Floor

New York, NY 10007-1866

New Jersey, 

New York, 

Puerto Rico, 

and Virgin 

Islands

877-251-4575

Region III Office of Permits and Air Toxics

3AP10

EPA Region 3

1650 Arch Street

Philadelphia, PA 19103

Office of Air Enforcement and 

Compliance Assurance

3AP20

EPA Region 3

1650 Arch Street

Philadelphia, PA 19103

Delaware, 

District of 

Columbia, 

Maryland, 

Pennsylvania, 

Virginia, and 

West Virginia

800-438-2474

215-814-5000

Region IV Chief, Air Permits Section

EPA Region 4 APTMD

61 Forsyth Street

Atlanta, GA 30303

Chief, Air & EPCRA Enforcement 

Branch

EPA Region 4 APTMD

61 Forsyth Street, SW

Atlanta, GA 30303

Alabama, 

Florida, 

Georgia, 

Kentucky, 

Mississippi, 

North Carolina, 

South Carolina, 

and Tennessee

800-241-1754

404-562-9000

Region V Air Permits Section

Air Programs Branch (AR-18J)

EPA Region 5

77 West Jackson Blvd

Chicago, Illinois 60604

Air Enforcement and 

Compliance Assurance Branch 

(AE-17J)

Air and Radiation Division

EPA Region 5

77 West Jackson Blvd

Chicago, Illinois 60604

Illinois, Indiana, 

Michigan, 

Minnesota, 

Ohio, and 

Wisconsin

800-621-8431

312-353-2000
General Permit for Hot Mix Asphalt Plants Page 18 of 18

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EPA 

Region

Address for Notification of 

Coverage

Address for All Other 

Notifications and Reports

Area Covered Phone 

Number

Region VI Multimedia Planning and 

Permitting Division

EPA Region 6

1445 Ross Avenue (6PD-R)

Dallas, TX 75202

Compliance and Enforcement 

Correspondence:

Compliance Assurance and 

Enforcement Division

EPA Region 6

1445 Ross Avenue (6EN)

Dallas, TX 75202

Arkansas, 

Louisiana, New 

Mexico, 

Oklahoma, and 

Texas

800-887-6063

214-665-2760

Region VII Chief, Air Permitting & 

Compliance Branch

EPA Region 7

11201 Renner Blvd

Lenexa, KS 66219

Chief, Air Permitting & 

Compliance Branch

EPA Region 7

11201 Renner Blvd

Lenexa, KS 66219

Iowa, Kansas, 

Missouri, and 

Nebraska

800-223-0425

913-551-7003

Region VIII U.S. Environmental Protection 

Agency, Region 8

Office of Partnerships and 

Regulatory Assistance

Tribal Air Permitting Program, 

8P-AR

1595 Wynkoop Street

Denver, Colorado 80202

U.S. Environmental Protection 

Agency, Region 8

Office of Enforcement, 

Compliance & Environmental 

Justice

Air Toxics and Technical 

Enforcement Program, 8ENF-AT

1595 Wynkoop Street

Denver, Colorado 80202

Colorado, 

Montana, North 

Dakota, South 

Dakota, Utah, 

and Wyoming

800-227-8917

303-312-6312

Region IX Chief, Permits Office (Air-3)

Air Division

EPA Region 9

75 Hawthorne St

San Francisco, CA 94105

Enforcement Division Director

Attn: Air & TRI Section (ENF-2-1)

EPA Region 9

75 Hawthorne St

San Francisco, CA 94105

American 

Samoa, Arizona, 

California, 

Guam, Hawaii, 

Navajo Nation 

Nevada, and 

Northern 

Mariana Islands

866-EPA-9378

415-947-8000

Region X Tribal Air Permits Coordinator

U.S. EPA, Region 10, AWT-150

1200 Sixth Avenue, Suite 900

Seattle, WA 98101

Tribal Air Permits Coordinator

U.S. EPA, Region 10, AWT-150

1200 Sixth Avenue, Suite 900

Seattle, WA 98101

Alaska, Idaho, 

Oregon, and 

Washington

800-424-4372

206-553-1200