Proposed Changes to Emission Regulations for NYS Asphalt Pavement Manufacturing Plants

by | Dec 26, 2023

The New York State Department of Environmental Conservation (NYSDEC), Division of Air Resources (DAR) seeks to change emission regulations for Asphalt Pavement Manufacturing Plants (APMP) in the State of New York. The proposal involves repealing the current regulation (Subpart 212-4) and establishing a new regulation (Subpart 220-3) to reduce atmospheric emissions generated in this industry and streamline compliance processes. This regulation will necessitate the installation (by both new and existing APMPs) of control equipment determined to be capable of meeting the best achievable industry standards.

It is worth mentioning that Subpart 220-3 applies to APMPs with an annual production of more than 75,000 tons of asphalt pavement material. Detailed regulations are established for APMPs, addressing emissions, maintenance, records, and fugitive dust control. Units with annual production below 75,000 tons are exempt.

This regulatory proposal sets requirements for emissions from storage silos, drag conveyors, and pug mills, applying specific additions. Detailed maintenance practices, daily records, and plans to reduce emissions are outlined.


This subpart is divided into sections addressing the following topics:

  • Section 220-3.4 addresses emissions from asphalt cement storage tanks, imposing specific controls.
  • Section 220-3.5 establishes emission limits for aggregate dryers.
  • Section 220-3.6 addresses emissions from storage silos, drag conveyors, and pug mills.
  • Section 220-3.7 deals with loading operations emissions, with a schedule for control.
  • Section 220-3.8 establishes opacity limits for emissions.
  • Section 220-3.9 sets emission testing requirements and annual burner adjustments.
  • Section 220-3.10 addresses fugitive dust control, including site roads, processing units, and storage piles.
  • Section 220-3.11 establishes the divisibility of provisions.

Subpart 220-3 will be phased in gradually to reduce the impact on industries, providing sufficient time for owners to plan and implement necessary controls. Existing facilities will be subject to this regulation three years from the date that Subpart 220-3 takes effect, or at the point that a new or modified permit for an APMP or Reconstructed Asphalt Pavement Processing Unit is issued.

APMPs must maintain an air permit or registration to operate, conduct periodic emission tests, and submit reports to the NYSDEC. Upon the effective date of this subpart, in accordance with Section 220-3.1(a)(2), the owner or operator of an existing or new aggregate dryer must comply with the respective aggregate drying emission limits for pollutants.

It is expected that it will be affordable for smaller municipal and commercial entities to install control technology. The necessary technology is commercially available and can be adapted to different APMPs.


The public comment period:

If you would like to submit comments on Subpart 220-3, you must do so by 5 p.m. on January 22, 2024. For additional information, please contact:

Mike Miliani
625 Broadway
Albany, NY 12233-3254

To learn more about Subpart 220-3 and how your projects can comply with the upcoming guidelines, contact Walden at 516-559-6976.

asphalt, asphalt pavement manufacturing plant, NYSDEC, regulatory updates, emission limits, emissions reduction

Read about Walden’s air services here and contact us at 516-559-6976 if you have questions about Subpart 220-3.