c. Q-2, r.25
Regulation respecting hot mix asphalt plants
Environment Quality Act
(R.S.Q., c. Q-2, s. 31)
1.
Definitions: In this Regulation, unless the context indicates otherwise, the following words and expressions mean or designate:
(a) «importunate frequency band»: 1 or 2 contiguous octaves for which the level or levels obtained by octave band analysis using the method prescribed in Schedule A, between 31,5 and 8 000 Hz, exceed the NR curve which envelops the spectrum of other frequency bands by at least 4 dB;
(b) «impact noise»: any noise made by mechanical shocks of solid bodies or by impulses;
(c) «information bearing noise»: any noise in which a melody or words may be distinguished;
(d) «dB»: a non-dimensional unit used to express the logarithmic ratio between a measured value and a reference value which, when applied to noise, is established in accordance with section 3 of publication No. 179 (second edition, 1973) of the Central Office of International Electrotechnical Commission;
(e) «dBA»: the value of the overall sound pressure level measured on the A scale established in accordance with the standards and methods prescribed in publication No. 179 (second edition, 1973) of the Central Office of International Electrotechnical Commission;
(f) «application»: an application for a certificate of authorization for a hot mix asphalt plant made under section 22 of the Act;
(g) «existing»: a plant that was already in operation or use in Québec before 28 November 1979;
(h) «dwelling»: any structure intended for lodging human beings and provided with a water supply and waste water disposal system connected to the ground;
(i) «Act»: the Environment Quality Act (R.S.Q., c. Q-2);
(j) «suspended matter»: any substance in suspension in a liquid or on its surface which may be retained by a fibre glass filter equivalent to Reeve Angel No. 934AH;
(k) «particulate matter»: any substance other than uncombined water that exists in a finely divided form as a liquid or a solid in suspension in a gaseous medium;
(l) «emission period»: a period of emission during which the intensity of the sound produced exceeds, at the point of measurement, the sum of the standard prescribed in section 8 and the attenuation between the point of measurement and the evaluation point;
(m) «evaluation point»: a place chosen for determining the intensity of the noise produced by a hot mix asphalt plant;
(n) «point of measurement»: a place where a microphone is placed to measure a noise;
(o) «stream»: a small watercourse flowing all year long;
(p) «Minister»: the Minister of the Environment and Wildlife;
(q) «hot mix asphalt plant»: an establishment in which a homogeneous product commonly referred to as «asphalt», and intended mainly for the coating of roads, is manufactured from bituminous asphalt and other aggregate material.
R.R.Q., 1981, c. Q-2, r. 25, s. 1; S.Q., 1988, c. 49, s. 54; S.Q., 1994, c. 17, s. 77.
2.
The definitions contained in the Act apply to this Regulation.
R.R.Q., 1981, c. Q-2, r. 25, s. 2.
3.
Rules of interpretation: The Interpretation Act (R.S.Q., c. I-16) applies mutatis mutandis to this Regulation.
R.R.Q., 1981, c. Q-2, r. 25, s. 3.
DIVISION II
CERTIFICATE OF AUTHORIZATION
4.
Authorization: No person may build or alter a hot mix asphalt plant, or undertake the operation or increase the production of such a plant, without a certificate of authorization issued by the Minister in accordance with section 22 of the Act.
For the purposes of this section, there is an increase in the production of a hot mix asphalt plant only when the nominal capacity of the plant is increased.
R.R.Q., 1981, c. Q-2, r. 25, s. 4; S.Q., 1988, c. 49, s. 54.
5.
Content of application: Anyone who applies for a certificate of authorization for a hot mix asphalt plant under section 4 must furnish the following information and documents:
(a) the complete name, the address and the telephone number of the applicant;
(b) the cadastral number of the lot or lots on which the hot mix asphalt plant is to be located or, where applicable, the name of the township designated in the initial land survey;
(c) an overall plant, to scale, duly certified and signed and indicating:
(i) the projected site for the hot mix asphalt plant, including the location of the loading, unloading and discharge areas of aggregate material as well as the zoning of that site;
(ii) the neighbouring territory within a radius of 350 metres of the hot mix asphalt plant and the zoning of that territory;
(iii) the lay-out of public highways, access roads, streams, rivers, lakes, sea, swamps or sandbanks and the location of any structure, campground and recreational area within a radius of 150 metres of the hot mix asphalt plant; and
(iv) the date of preparation of the overall plan;
(d) the plans and specifications of the equipment, including any device designed to abate or eliminate the emission, deposit, issuance or discharge of contaminants into the environment;
(e) the nominal capacity of the hot mix asphalt plant as well as the estimated rate of production expressed in metric tons per hour and a description of the site and the method of use or elimination of dust and sludge recuperated by the emission control system;
(f) an estimate of the quantity, expressed in kilograms per hour, of the particulate matter that will be emitted into the atmosphere;
(g) a certificate from the municipality, signed by the clerk or secretary-treasurer and certifying that the project does not contravene any municipal by-law and, where applicable, a copy of any approval or permit prescribed by a municipal by-law;
(h) in the case prescribed in section 10, an estimate of the maximum level of noise emitted into the environment from the hot mix asphalt plant as well as from the equipment attached to it.
R.R.Q., 1981, c. Q-2, r. 25, s. 5.
DIVISION III
SITING STANDARDS
6.
Relocation: In the case of an application for the relocation of a hot mix asphalt plant for which a certificate of authorization has already been issued, the applicant may provide an attestation certifying that there has been no change in the data prescribed in paragraphs d, e and f of section 5 instead of providing the information and documents prescribed in these paragraphs.
R.R.Q., 1981, c. Q-2, r. 25, s. 6.
7.
Estimate: Subject to paragraphs f and h of section 5, the applicant is not obliged to provide, at the time of application, an estimate of the quantity or of the concentration of other contaminants which will be emitted, deposited, issued or discharged into the environment by the hot mix asphalt plant for which an application is made.
R.R.Q., 1981, c. Q-2, r. 25, s. 7.
8.
Zoning: It is prohibited to build or install a hot mix asphalt plant, or have areas for the loading, unloading or discharge of aggregate materials used for the needs of such plant, in any territory zoned by the municipal authorities for residential, commercial or mixed purposes (commercial-residential) and less than 300 metres from that territory.
R.R.Q., 1981, c. Q-2, r. 25, s. 8.
9.
Minimum distances: Any hot mix asphalt plant built or installed after 28 November 1979, as well as areas for the loading, unloading, and discharge of aggregate materials used for the needs of such a plant, must be situated at a minimum distance of 150 metres from any dwellings, unless the dwellings are owned by or rented to the owner or operator of the hot mix asphalt plant.
The distance standards established in this section apply, with modifications, between the hot mix asphalt plant and any school or other educational institution, place of worship, campground or any institution within the meaning of the Act respecting health services and social services (R.S.Q., c. S-5).
R.R.Q., 1981, c. Q-2, r. 25, s. 9; S.Q., 1992, c. 21, s. 375.
10.
Noise: A hot mix asphalt plant as well as the area for the loading, unloading and discharge of aggregate materials used for the needs of such a plant may nevertheless be situated at a distance that is less than the distance prescribed in sections 8 and 9 if the operator submits in support of his request an estimate of the maximum level of the noise that will be emitted into the environment by the operation of the hot mix asphalt plant and if the noise measured at the boundary of the residential, commercial or mixed zone referred to in section 8 or of the structure or immoveable referred to in section 9 does not exceed 40 dBA between 18 h and 6 h and 45 dBA between 6 h and 18 h. These estimates must not include the noise emitted by the hot mix asphalt transport trucks.
Where the Minister has granted a certificate of authorization for a hot mix asphalt plant on the strength of an application supported by a noise estimate in accordance with this section, the operator of the hot mix asphalt plan must comply with the noise standards established in the first paragraph during the entire operation of the plant.
R.R.Q., 1981, c. Q-2, r. 25, s. 10; S.Q., 1988, c. 49, s. 54.
11.
Method: For the purposes of application of section 10, noise is evaluated in accordance with the measurement method prescribed in Schedule B.
R.R.Q., 1981, c. Q-2, r. 25, s. 11.
12.
Replacement of and increase in production: Sections 8 and 9 do not apply where a hot mix asphalt plant is enlarged, where its nominal capacity of production is increased, or where a new permanent plant is installed adjacent to or in replacement of an existing hot mix asphalt plant. In all these cases, the plant must, however, be located at the same place as before or at a greater distance from any residential, commercial or mixed zones referred to in section 8 and from any structure or immoveable referred to in section 9, except where the hot mix asphalt plant is located beyond the distance standards prescribed in the said sections.
However, if the hot mix asphalt plant has already been granted a certificate of authorization on the strength of an application supported by a noise estimate in accordance with section 10, the operator must submit a new noise estimate to the Minister and comply with section 10 unless the new location itself complies with sections 8 and 9.
R.R.Q., 1981, c. Q-2, r. 25, s. 12; S.Q., 1988, c. 49, s. 54.
13.
Hydrous environment: Any hot mix asphalt plant built or installed after 28 November 1979, as well as the areas for the loading, unloading and discharge of aggregate materials and the settling ponds used for the needs of such a plant, must be located at a minimum distance of 60 metres from any stream, river, sea, swamp or sandbank and at a minimum distance of 300 metres from any natural lake.
This section does not apply where a hot mix asphalt plant is built on the location of a pit or quarry that is itself located within the distance standards provided for in the first paragraph and for which a certificate of authorization is issued pursuant to section 22 of the Act after the presentation of a study of environmental impact in accordance with any regulation of the Government pertaining to that subject.
R.R.Q., 1981, c. Q-2, r. 25, s. 13.
14.
Public highway: Any hot mix asphalt plant built or installed after 28 November 1979, as well as the areas for the loading, unloading and discharge of aggregate materials, must be located at a minimum distance of 35 metres from a public highway.
R.R.Q., 1981, c. Q-2, r. 25, s. 14.
DIVISION IV
WATER POLLUTION CONTROL
15.
Concentration of contaminants: The water discharged into the environment through the operation of a hot mix asphalt plant must not contain a concentration of contaminant that exceeds:
(a) 15 mg/1 of oil, grease, tar of a mineral origin; or
(b) 25 mg/1 of suspended matter.
R.R.Q., 1981, c. Q-2, r. 25, s. 15.
16.
pH: The pH of water discharged into the environment through the operation of a hot mix asphalt plant must be between 5,5 and 9,5.
R.R.Q., 1981, c. Q-2, r. 25, s. 16.
17.
Methods of analysis: The analyses required to ensure the enforcement of sections 15 and 16 are performed in accordance with the following methods described in the 14 th edition (1975) of the Standard Methods for the Examination of Water and Waste Water published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation:
(a) oil and grease are determined in accordance with the method in section 502 A entitled Partition —Gravimetric Method or by the method in section 502 B entitled Partition —Infrared Method (Tentative);
(b) suspended matter is determined in accordance with the method in section 208 D entitled Total Non-filtrable Residue Dried at 103-105ºC (Total Suspended Matter); and
(c) pH is determined by the method No. 424 entitled pH Value.
R.R.Q., 1981, c. Q-2, r. 25, s. 17.
DIVISION V
AIR POLLUTION CONTROL
18.
Equipment: The dryer, bucket-elevator, screens, mixing and weigh hoppers, and the various transfer points of the aggregate material of a hot mix asphalt plant shall be confined in an enclosed area and equipped with exhaust ducts leading to dust collectors designed to comply with the emission standards prescribed in Schedule C.
R.R.Q., 1981, c. Q-2, r. 25, s. 18.
19.
Emission standards: Particulate matter emitted into the atmosphere by a hot mix asphalt plant must in no case exceed the quantities determined in Schedule C, depending on the applicable rate of production. When the rate of production is between 2 consecutive levels in Schedule C, the emission standard is determined by linear interpolation. Any existing hot mix asphalt plant that is enlarged or that increases its rate of production must comply with the emission standards applicable to new hot mix asphalt plants in accordance with Schedule C.
In addition, the concentration of contaminants issued into the atmosphere by a hot mix asphalt plant must be such that it does not exceed 20 % opacity in accordance with one of the methods of measurement prescribed in the second paragraph of section 20.
R.R.Q., 1981, c. Q-2, r. 25, s. 19.
20.
Methods of measurement: Particulate matter is measured in accordance with the methods described in the work entitled Standard Reference Methods for Source Testing: Measurement of Emissions of Particulates from Stationary Sources, published by Environment Canada and numbered EPS-1-AP-74-1.
The opacity of contaminant emissions in the atmosphere is measured in accordance with the methods described in the document entitled Standard Reference Methods for Source Testing: Measurement of Opacity of Emissions from Stationary Sources published by Fisheries and Environment Canada in the report numbered EPS-1-AP-75-2 or, in the case of black or grey emission, according to the measurement scale in Schedule D.
R.R.Q., 1981, c. Q-2, r. 25, s. 20.
21.
Existing hot mix asphalt plants: Any existing hot mix asphalt plant must, as of 1 January 1980, comply with the emission standards applicable to new hot mix asphalt plants in accordance with the terms of Schedule C.
R.R.Q., 1981, c. Q-2, r. 25, s. 21.
22.
Stack: Where the Minister exercises the powers provided in the third paragraph of section 27 of the Act and orders the installation of a stack to permit the sampling of contaminants emitted by a hot mix asphalt plant, the height of such stack shall be equal to 10 times its interior diameter measured on a straight section proceeding from any bend or any other point of disturbance of gas to the emission of such gas into the atmosphere.
R.R.Q., 1981, c. Q-2, r. 25, s. 22; S.Q., 1988, c. 49, s. 54.
23.
Recuperated dust: Dust recuperated by dust collector systems must be handled and transported in such a way that there will be no loss of dust into the atmosphere visible more than 2 metres from the source of emission. Where the dust is not recycled, it must be stored, deposited or eliminated on the ground, provided the required measures are taken to prevent any emission of dust into the atmosphere visible more than 2 metres from the source of emission.
R.R.Q., 1981, c. Q-2, r. 25, s. 23.
DIVISION VI
MAINTENANCE OF EXTERIOR SURFACES
24.
Access roads: Dust emissions from private access roads and traffic areas used for the needs of a hot mix asphalt plant must be controlled by paving and cleaning the surfaces or by applying a dust control product.
R.R.Q., 1981, c. Q-2, r. 25, s. 24.
25.
Piles of aggregate materials: When dust emissions from piles of aggregate material produce one of the effects enumerated in the second paragraph in fine of section 20 of the Act, the operator of the hot mix asphalt plant must take the required measures to prevent these emissions so that the effects disappear.
R.R.Q., 1981, c. Q-2, r. 25, s. 25.
DIVISION VII
FINAL PROVISIONS
26.
Plant extension and increase of volume of production: Any existing plant which is extended or which increases its volume of production after 28 August 1974 is deemed to be a new plant for the purposes of the application of sections 18, 19 and 20.
R.R.Q., 1981, c. Q-2, r. 25, s. 26.
27.
Obligation: Any equipment used or installed to reduce or prevent the emission of contaminants from the hot mix asphalt plant into the environment must be in good working order at all times and must operate with optimum efficiency during production hours even if the equipment reduces the emission of the contaminants to a level below the standards prescribed in this Regulation.
R.R.Q., 1981, c. Q-2, r. 25, s. 27.
28.
This Regulation shall in no way restrict the application of the provisions set forth in the second paragraph in fine of section 20 of the Act.
R.R.Q., 1981, c. Q-2, r. 25, s. 28.
29.
Agricultural lands: This Regulation applies in particular in a reserved area and in an agricultural zone established in accordance with the Act to preserve agricultural land (R.S.Q., c. P-41.1).
R.R.Q., 1981, c. Q-2, r. 25, s. 29.
SCHEDULE A
(s. 1)
OCTAVE BAND ANALYSIS
The value retained for each octave is the minimum value during a period of 30 seconds, at the evaluation point. If the hot mix asphalt plant produces a noise during a period that lasts less than 30 seconds, the measurements are taken during the emission period.
Octave band analysis is made in linear dB using the slow response on the sound level meter.
Every octave band analysis is made using a sound level meter and octave band filters that comply with the standards prescribed in Schedule B, in fine.
R.R.Q., 1981, c. Q-2, r. 25, Sch. A.
SCHEDULE B
(s. 11)
METHOD FOR NOISE MEASUREMENT
The noise level at a hot mix asphalt plant is measured according to the following formula:
B = S + I - A + 10 log 10
[Q2R25#01, R.R.Q., 1981, 8-747]
where
S = 5 where there are one or several predominant frequency bands;
S = 0 where there is no predominant frequency
band;
I = 5 where there are one or several information-bearing noises;
I = 0 where there is no information-bearing noise;
A = A 1 + (A 2 - A 3) calculated as follows:
A 1 = attenuation caused by distance;
d 2
A 1 = 20 log 10 ___;
d 1
and
d 1 = distance from the hot mix asphalt plant to using the following formula;
d 2 = distance from the hot mix asphalt plant to the evaluation point;
A 2 = attenuation at the evaluation point caused by a barrier;
A 3 = attenuation at the measuring point caused by the same barrier;
L I = equivalent level of impact noise.
Calculation of the arithmetic mean of the maximum energies, during the period of emission of the impact noises produced during the sampling period that are recorded at the point of measurement.
The formula to be used is the following:
[Q2R25#05, R.R.Q., 1981, 8-747]
where
dBn = maximum noise of the Nth impact noise during its emission period.
m = total number of impacts during the emission period; if the number of impacts is over 720/hour, m equals 720.
L x = equivalent level of a noise.
Equivalent level of a noise at the point of measurement during its period of emission during a sampling period.
The formula to be used is the following:
[Q2R25#06, R.R.Q., 1981, 8-747]
where fi = time interval (expressed in a percentage of the sampling period) during which the noise level is less than the limit of class i.
Where the hot mix asphalt plant is not in its period of emission, the corresponding fi is equal to 0.
Li = sound level in dBA corresponding to the average of class i.
The scope of class i must be set at a value equal to or less than 2 dBA and the sampling period must be equal to or less than 0,1 seconds.
For the purposes of this measurement method, the normal sampling period is 60 consecutive minutes. If the sampling lasts less than 60 minutes, an adjustment must be made so that the ratio between the periods of emission and the pause are the same.
All the measurements are made in dBA using the rapid response of the sound level meter. The sound level meter and the octave band filters must comply with the standards prescribed in publications 179 (2nd edition, 1973) and 225 (1st edition, 1966) published by Central Office of International Electrotechnical Commission.
In this measurement method, the hot mix asphalt plant is considered as including the loading, unloading and discharge areas of aggregate material.
R.R.Q., 1981, c. Q-2, r. 25, Sch. B.
SCHEDULE C
(ss. 18, 19 and 21)
EMISSION STANDARDS FOR PARTICULATE MATTER FROM A HOT MIX ASPHALT PLANT
______________________________________________________
| | |
| | Emission standards |
| | (kg/hr) |
| |_________________________________|
| | | |
| Production rate | existing | new hot mix |
| (metric tons/hr) | hot mix | asphalt plants |
| | asphalt plants | |
|____________________|________________|________________|
| | | |
| ≤50 | 23 | 1.5 |
|____________________|________________|________________|
| | | |
| 100 | 24 | 2.5 |
|____________________|________________|________________|
| | | |
| 150 | 25 | 3.5 |
|____________________|________________|________________|
| | | |
| 200 | 26 | 4.7 |
|____________________|________________|________________|
| | | |
| 250 | 27 | 6.2 |
|____________________|________________|________________|
| | | |
| 300 | 28 | 7.7 |
|____________________|________________|________________|
| | | |
| 350 | 29 | 9.2 |
|____________________|________________|________________|
| | | |
| ≥400 | 30 | 10.7 |
|____________________|________________|________________|
R.R.Q., 1981, c. Q-2, r. 25, Sch. C.
SCHEDULE D
(s. 20)
SCALE FOR THE MEASUREMENT OF THE OPACITY OF DUST EMISSION INTO THE ATMOSPHERE
[Q-2r25#03, see R.R.Q., 1981, 8-748]
Instructions:
(1) Select an observation point situated more than 30 metres and less than 400 metres from the source of emission.
(2) Avoid looking toward the sun and select an observation angle free of dark objects in the background.
(3) Hold the chart at arm's length and look at the emission through the slit.
(4) Record the scale number that best corresponds to the opacity of the emissions at each observation.
(5) To calculate the opacity of an emission, record shades of opacity from at least 4 observations, using the following formula:
P = NEU at opacity No. 1 X 20 %
———————————
number of observations
where P represents the percentage opacity of the emission and NUE the number of equivalent units.
The number of each numbered shade constitutes the same quantity of equivalent units.
R.R.Q., 1981, c. Q-2, r. 25, Sch. D.
R.R.Q., 1981, c. Q-2, r. 25
