Asphalt Plant | City of Kenmore Washington

Update as of 11/29/2023:

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]) 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. 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.
10/30/2023 PSCAA Stack Test Results
Questions regarding review of the test results should be directed to the PSCAA.
A copy of the October 2022 NOC, which includes the Heidelberg Materials permit conditions, is linked here. 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. 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]) dated October 26, 2022
August 2023 Performance Tests Results (currently under review by PSCAA)

The asphalt plant located at 6431 NE 175^th Street Kenmore, WA 98028 is commonly known as “Cadman” or “Kenmore Asphalt Plant”. The property is owned by Glacier Northwest, Inc. and leases the property to Cadman Materials, Inc. (Cadman).

Background

Source: State of Washington Pollution Control Hearings Board; PCHB No. 22-089.

Cadman has owned and operated an asphalt plant at 6431 NE 175th Street in Kenmore, Washington since July 2017. Numerous residential and commercial buildings are located near the plant, which is situated in the northwest corner of a business complex and east of Kenmore’s waterfront commercial development area. The Burke-Gilman Trail is approximately 70 feet north of the plant. The asphalt plant has been operating in that location for approximately 50 years.

Puget Sound Clear Air Agency (PSCAA) has received odor complaints regarding the facility from approximately 2006 through 2022. PSCAA has issued notices of civil penalties to the facility in 2011, 2016, 2020, and 2022. Cadman implements odor control procedures and processes at the Kenmore plant, per recommendations from PSCAA.

In March 2019, PSCAA issued Notice of Violation No. 3-009870 to Cadman. The Notice required Cadman to apply for a notice of construction for various portions of equipment replaced at the asphalt plant during maintenance upgrades. On July 1, 2019, Cadman applied for a notice of construction. PSCAA issued the Order of Approval (Approval) on October 26, 2022, approving the Notice of Construction for the asphalt plant and imposing various conditions. On December 15, 2022, Cadman filed the Motion, seeking a stay of Conditions 22, 23, and 26-28.

Condition 22

This condition provides, in pertinent part, that Cadman shall test emissions for compliance with the Approval’s emission limits within 90 days after issuance of the Approval. Subsequently, Cadman shall conduct emissions tests at least once every 36 months. Also, Cadman shall test emissions for compliance with opacity limits at least once every 12 months. The owner shall submit a compliance test plan at least 21 days prior to each compliance test. Cadman submitted a test plan to PSCAA after business hours on December 30, 2022. The plan identifies January 24, 2023, as the initial test date. The plan states that the facility “will be tested when operating at or near the maximum hourly production rate of asphaltic concrete achieved in the three years prior to the test.” The plan does not contain any explanation why the plant should not operate at maximum capacity during the test.

Condition 23

Condition 26

Condition 27

Condition 28

Frequently Asked Questions (FAQ)

How do I file an odor complaint?

An odor complaint can be filed with PSCAA, the City of Kenmore, or Cadman (or even with all three). A best practice would be to file a complaint with Cadman as well as filing a complaint with either the City of Kenmore or PSCAA.

City of Kenmore
Online at https://www.kenmorewa.gov/i-want-to/report-a-concern or call (425) 398-8900.
PSCAA
Online at https://pscleanair.gov/262/File-a-Complaint or call (425) 485-1737.
Cadman:

Call (425) 485-1737.

Please be ready to provide the following information:

Date and time of the incident.
If it is ongoing.
Address of the incident (where you are located) including city and zip code.
Who you think is responsible.
Your contact information (name, address, phone and email address).

Can I submit an odor complaint from anywhere in Kenmore or does it have to be my home or place of work?

What agency regulates air quality?

What agency enforces the Washington Clean Air Act?

What is Kenmore doing about this?

How do I find air quality information for my neighborhood?

Is Cadman the same as Heidelberg Materials?

What's Next?

Below is a summary of recent and future events that we know of (future dates are subject to change).

October 26, 2022	Puget Sound Clean Air Agency (PSCAA) issued a Final Order of Approval for a new permit. The permit includes new conditions including air quality standards and testing.
November 22, 2022	Cadman appealed the permit to the Pollution Control Hearings Board and filed a motion to “stay” (i.e., delay) the new permit conditions pending the appeal.
December 12, 2022	Kenmore City Council voted to file a petition to the Pollution Control Hearings Board for the City to intervene in the appeal, with the intent to assist PSCAA in arguing for upholding the conditions of the permit.
December 14, 2022	The City’s request to intervene was granted.
January 17, 2023	The Pollution Control Hearings Board wrote to the Parties stating that it will be issuing an order denying Cadman’s Motion for Stay of Certain Conditions in Agency Order of Approval. This means Cadman will need to comply with all conditions in the Agency’s Order of Approval, including those related to odor controls, while this matter is being litigated.