DRAFT Potential Conditions of Approval for Vulcan 

When Vulcan’s CUP application is formally presented to the Town Council in an upcoming public hearing meeting, the Council will have several options by way of action. Some of the options that will be available to the Town Council may include (a) Deny the CUP application; (b) Approve the CUP as proposed by the applicant; and (c) Approve the CUP, modified with conditions. Town staff have been working diligently to be prepared to support the P&Z Commission’s and the Town Council’s ability to productively discuss all those options. Staff have been working to compile a working DRAFT of a list of conditions. The table below lists current DRAFT conditions that staff may recommend if the Council wishes to approve the CUP application with conditions. These are draft conditions only and may change depending on the outcome of the air modeling study, public comment, Planning and Zoning Commission recommendations, further input, submitals from Vulcan (Applicant), and Town Council discussion at the public hearing. This SHOULD NOT be considered a recommendation by Town Staff or a complete list of conditions.

Condition Rationale Source of Condition
The asphalt plant must be fueled by natural gas. Recycled fuel oil shall not be permited as burner fuel.
Air Quality, Emergency Response, Environmental ImpactStaff, Public, GVFD
Owner shall install and operate a blue smoke eliminator that captures and controls emissions from the drum dryer, finished product conveyor, finished product storage silos, and customer loading area. Emissions from the blue smoke eliminator must not exceed 5% opacity, and must contain no more than 0.04 gr/dscf (grains per dry standard cubic feet) or 90 mg/dscm (milligrams per dry standard cubic meter) of PM. 

Owner shall prepare an O&M Plan for the blue smoke eliminator within 45 days of the initial startup of the blue smoke eliminator, in accordance with the following requirements: 

a. The O&M Plan must specify key system operating parameters, such as temperatures, pressures, and/or flow rates, necessary to determine compliance and describe in detail procedures to maintain the blue smoke eliminator. The Owner must monitor, operate, and maintain the equipment in accordance with the approved O&M Plan. Monitoring shall be conducted at a minimum daily, and logs shall be kept. Maintenance intervals shall be per the equipment manufacturer’s specifications. Logs and maintenance records shall be made available to the Town upon request.

b. If the blue smoke eliminator is found to be operating outside a specified range, the Owner must immediately take corrective action to bring the device back into the specified operating range or shut down the device and the associated equipment vented to it.
Air Quality, VOCsStaff, Ninyo & Moore
3.This plant shall not process rubberized asphalt.Air Quality and Odor Staff and Public
Truck load-out area shall be controlled by a tunnel that encapsulates and traps blue smoke emissions.
Air Quality and OdorStaff
Vent condensers shall be installed on the liquid asphalt tanks to condense liquid asphalt vapors for return to the tanks. Any vapors not converted to liquid shall be captured by a carbon fiber filtration system.
Air Quality and OdorStaff
6.Owner shall conduct a burner optimization every six months. 

a. The optimization must include the following procedures: 

i. Draft pressure levels at the front of the drum dryer must be optimized to assure the most efficient burner operation. 

ii. Draft pressure levels must be measured by means of a pressure gauge/controller that controls the damper position.

iii. Daily record of the draft pressure at the front of the drum and damper position must be kept to ensure compliance.

b. The combustion optimization must be based on burner tune-up procedures that result in maximum combustion efficiency and a low NOx operating curve. The curve must determine the operating range of combustion variables, such as CO and O2 at set points within the following ranges: 20-30 percent load; 45-55 percent load; 70-80 percent load; and 95-100 percent load, for those set points that represent at least 10 percent of operating hours in a typical year. 

c. A continuous combustion analyzer or portable combustion analyzer must be used to monitor the operation of the combustion unit in accordance with the combustion efficiency and low NOx operating curve established by the process. The analyzer must monitor the combustion parameters for CO and O2 or monitor NOx directly. The fuel flow rate must also be monitored.

d. Following optimization, the Owner must monitor the operation of the drum dryer in accordance with the air permit issued by Pima County Department of Environmental Quality to ensure ongoing compliance. e. Upon request, Owner shall submit a test report to the Town within 45 days of completing the burner combustion optimization test.
Air QualityVulcan
The I-2 performance standards as found in STC 18.53.020.A. shall apply with the exception of standard 18.53.020.A.2 related to smoke*. Conditions 7a-7f list these standards
CUP Finding F: standards for noise, odors, smoke, dust etcStaff, State Land, Robson, public

a. At no point on the boundary of property having zoning other than I-2 shall the sound pressure level of any individual operation or plant, excluding operation of motor vehicles or other transportation facilities, exceed the decibel levels in the designated octave bands, as follows**:

1. Octave Band (Cycles Per Second)
2. Maximum Sound Pressure Level in Decibels (0.002 Dynes Per CM2 )
0 to 7572
76 to 15067
151 to 300 
301 to 600 
601 to 1200
1201 to 240040
2401 to 4800
Above 4800

b. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed in the American Standards Association. Measurements shall be made using the flat network of the sound level meter. 

c. Impulsive type noises shall be subject to the performance standards prescribed; provided, that such noises shall be capable of being accurately measured with such equipment. 

(1) Noises capable of being so measured, for the purpose of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. 

(2) Noises incapable of being so measured, such as those of an irregular or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses
NoiseI-2 Zone performance standards
Glare or Heat. Any activity producing intense glare or heat shall be performed in such manner as not to create a nuisance or hazard along lot lines.
Glare or HeatI-2 Zone performance standards
Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property line.
Odors I-2 Zone performance standards
Vibration. No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for: 

a. Three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m.; or 

b. Thirty seconds or more duration in any one hour during the hours 7:00 p.m. to 7:00 a.m
VibrationI-2 Zone performance standards
Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling;
Air QualityI-2 Zone performance standards
Liquids and Solid Waste. No wastes shall be discharged in the streets, drainageways or any property which is dangerous to the public health and safety, and no waste shall be discharged in the public sewage system which endangers the normal operation of the public sewage system.
Environmental ImpactsI-2 Zone performance standards
Owner shall perform a black light test on the HMA plant drum dryer baghouse within 60 days after the HMA plant becomes operational and every five to seven months thereafter. The owner must perform the test according to the procedure provided by the baghouse manufacturer and must incorporate such procedure into the baghouse’s operation and maintenance. 

a. If the HMA plant shows any leaks, then the owner must: 

ii. Shut down the plant; iii. Repair each leak; 

iii. Re-test the baghouse using a different color of fluorescent powder; and 

iv. Ensure all leaks are repaired before resuming operations. 

b. The Owner shall keep records of baghouse setting, test procedure, and the results for each test performed. At a minimum, the records must include all of the following: 

i. Name of the person(s) conducting the test; 

ii.Date and time test was conducted; 

iii. Calculation of the baghouse’s cloth surface area; 

iv. Amount and color of fluorescent used. 

v.Temperature, pressure drop, and damper or fan speed setting of the exhaust flow at the time of fluorescent powder injection; 

vi. Time the fluorescent powder was injected; and 

vii. Time the baghouse was shut down after injection of the fluorescent powder. 

c. Results of the black light testing shall be provided to town staff upon request. 

d. If the baghouse fails the test, Owner shall: 

i. Identify the corrective actions taken (e.g., bag replacement, seal replacement, baghouse crack repair);

ii.Record the information listed above for the second test after corrective actions are taken; and 

iii. Record the test results for the second test after corrective actions are taken
Air QualityVulcan – staff changed to require testing within 60 days of start of operation instead of 180 and to require reports to be provided upon request.
9.Maximum daily/annual production shall be limited to ____ trucks/tons.Overall ImpactsStaff
Prior to the start of any HMA operations the applicant shall: 

a. Construct a northbound right turn lane on Old Nogales Hwy into the site. The right turn lane bay and taper shall be a minimum of 560’ in length. 

b. Construct a northbound acceleration lane exiting the site onto Old Nogales Hwy. The acceleration lane bay and taper shall be a minimum of 650’ in length. 

c. Construct a southbound left turn lane on Old Nogales Hwy into the site. The left turn lane bay and taper shall be a minimum of 890’ in length. 

d. Obliterate all existing lane striping within the limits of work. An appropriate protective maintenance seal treatment, including but not limited to a slurry seal, chip seal, or microsurfacing, shall be installed for the full limits of the work to provide a consistent surface. All necessary lane striping, markings, and signage shall be installed. 

e. Pave the portion of the access drive within the public right of way to a minimum width of 24’. 

f. Street lighting shall be provided at the access drive, sufficient to provide illumination of the site entrance at Old Nogales Highway and in advance of the UPRR crossing. Lighting shall comply with the requirements of the Town’s Lighting Ordinance.
TrafficStaff, Psomas (Vulcan submitted a similar condition, but staff made numerous changes)
The HMA plant shall not be moved from its initial construction location within the site.
Visual, Overall ImpactsVulcan
The maximum height of the HMA plant and equipment shall not exceed 65 feet from its base and shall not exceed the lowest point of any berm surrounding the plant site.
VisualVulcan with Staff changes. Staff added the 65’ max height.
The site must comply with the Town’s lighting code standards in support of the community’s Dark Sky efforts.
VisualStaff, Public
All mobile equipment within the site shall be equipped with the applicable MSHA/OSHA compliant low decibel reverse signal alarms. The purpose of these alarms is to ensure the sound from the reverse signal alarm is directed only into the area near the mobile equipment.
The hours of operation must be limited to daylight hours. Hours beyond those stated above shall be permitted if an only if it is designated by a federal, state, or local government entity, or its agents thereof, when products produced at the site are required for use in government projects. In such an event, the construction noise waiver process outlined in STC 8.30.020 shall be followed.

Standard site maintenance activities shall take place 3:30pm-9:30pm. 

Additionally, no operations shall be permitted on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
NoiseVulcan, with changes recommended by staff and public
Prior to commencement of operations, Owner shall obtain and submit to the Town Planning Department all applicable Federal, State, and local permits for the HMA plant. The CUP is effective only upon receipt by the Town Planning and Building Department of all such permits
Permitting ComplianceVulcan
Throughout the life of the HMA plant, Owner shall be responsible for maintaining all applicable federal, state, and local permits ingood standing. Failure to maintain all such permits shall be grounds for revocation of the CUP.
Permitting Compliance
18.Copies of federal, state, or local permit violations, if any, shall be made available to the Town upon request.
Permitting ComplianceVulcan
19.Prior to issuance of building permits, owner must submit an emergency response plan to all law enforcement, fire, and emergency medical services departments with jurisdictional response authority over the site. The emergency response plan shall include relevant Owner contact information, emergency after-hours contact information, standard operating hours, site access instructions, plans to maintain access during inclement weather, evacuation routes, site operations overview, a list of all chemicals used or stored on site and any additional items requested by the appropriate law enforcement, fire, and emergency medical services departments. Owner shall invite law enforcement, fire, and emergency medical services departments to at least one inperson site tour each calendar year.
Emergency Response
Vulcan, Public, with minor changes by GVFD
20.Owner shall post signs on the site that provide independent contractor material delivery drivers with notice of the railroad crossing and instructions about where to stop when a train is approaching or passing.
Railroad Safety
21.Owner shall comply with all Union Pacific Railroad requirements for the private crossing.
Railroad Safety
22.Owner shall post signs on site reminding independent contractor material delivery drivers Arizona State Law requires them to cover their loads before exiting the site.
Road Maintenance
23.Owner shall verbally remind independent contractor material delivery drivers that Arizona State Law requires them to cover their loads before exiting the site, if owner notices the driver’s load is uncovered while still on the site or after exiting.
Road Maintenance
24.Riparian Habitat Mitigation Standards must be met for any mapped riparian habitat on site
Zoning ComplianceStaff and Robson
25.Bufferyards and screening in accordance with STC 18.73 must be installed extending 1000’ from the southeast corner of the property to the north and to the west. 
Zoning Compliance
Staff and State Land
26.Prior to issuance of building permits, Owner shall submit to the Town engineering plan designs for the paved internal drive that will connect the site entrance to the paved parking area. Owner will work with Town Staff to ensure the plans comply with the local engineering design standards. Construction of the internal drive will commence and be completed within 60 days of the date the HMA plant becomes operational. 
Zoning Compliance
Vulcan with staff changes. Vulcan requested 180 days.
27.Upon request, Owner shall offer property owners and HOAs within one mile of the site a plant tour once per year.
Neighbor Relations
28.Upon request, Owner shall atend meetings of HOAs within one mile of the site once per year to listen to and respond to concerns or questions.
Neighbor Relations
29.If the Owner is found to be out of compliance with the standards set forth in Conditions 2, 6, and 7(a)-7(f) after the Town conducts inspections or monitoring by third-party consultants, the Town may require Owner to reimburse the Town for the out-of-pocket cost of such third-party consultants. Owner shall remit payment to the Town within thirty (30) days of receipt of an invoice from the Town pursuant to this Condition. Financial Impacts
30.Pursuant to Town Code Section 18.97.030(J)(3), the conditions of this conditional use permit may be re-evaluated at any time but not less than ten (10) years after the approval date to determine whether the conditions of approval continue to substantially mitigate the impacts of the approved use due to changes in circumstances between the approval date and the re-evaluation date. The reevaluation contemplated by this condition shall be initiated by the Town Planning and Building Director. Any re-evaluation or proposed changes to the conditions of approval shall be processed in accordance with Town Code Chapter 18.97. When a re-evaluation under this condition results in proposed modifications, additions, amendments, or revisions to the conditions of approval, such process shall not be considered a new application.
Overall Impacts

*Condition #2 regarding opacity of emissions is more restrictive than the requirement listed in the I-2 zone. 

**In the noise table, the column on the left (cycles per second) describes the frequency or pitch of the sound. The higher the frequency, the “higher” the sound. For example, a flute has a higher frequency than a tuba. Human ears are more sensitive to higher frequency sounds than lower frequency sounds. For this reason, the standard requires that higher pitched sounds be limited to a lower decibel level/volume than lower pitched sounds.


Chart source: Hearinghealthfoundation.org