Environmental Requirements for Utilizing Shingles as Aggregate at HMA Facilities
Environmental Requirements for Utilizing Shingles as Aggregate at HMA Facilities
Author: Lauren Pecina Maes – Bruce Carter Associates, LLC
A source requesting approval to process shingles must evaluate three areas of environmental compliance:
Land, Water, and Air. The following article summarizes the regulatory requirements for each of these
media.
Land, Water, and Air. The following article summarizes the regulatory requirements for each of these
media.
Land
Any facility requesting to process shingles must obtain a Legitimate Use Approval from IDEM unless the
supplier of the shingles has already received such approval for the shingles. Once a source obtains a
legitimate use approval to process shingles, it is not necessary for any downstream user of those shingles
to receive an approval.
supplier of the shingles has already received such approval for the shingles. Once a source obtains a
legitimate use approval to process shingles, it is not necessary for any downstream user of those shingles
to receive an approval.
The rule which drives the requirements for a legitimate use approval can be found in 329 IAC 11-3-1
under exclusions. It states “The following solid waste management activities are not subject to the
provisions of this article (Solid Waste Processing Facilities): (13) Solid waste management activities or
legitimate uses of solid waste determined by the commissioner to not pose a threat to public health or
the environment.”
In order for IDEM to make a determination that the legitimate use of a solid waste (shingles) does not
pose a threat to public health or the environment, a request for a legitimate use approval must be
submitted to IDEM. This request must contain information on proposed storage and management
practices in order for IDEM to make the determination that the material is not a threat to the
environment. This information includes, but is not limited to:
Description of shingles (manufacturer’s second shingles, tear off’s, or both)
Description of proposed processing practices (grinding, processing, storage)
Proposed pile sizes (width, length, and height)
Proposed pile locations at the facility
Proposed maximum storage on site (in tons)
Asbestos-free certification practices
Management practices used to prevent migration of material
Run-off that comes into contact with the shingle material must be contained and treated (e.g. through a
settling pond or filter). The facility must send plans for treatment system to IDEM within thirty days of
receipt of a legitimate use approval.
In Lieu of a treatment system, material may be stored in a manner so that water does not come into
contact with the shingle material through one of the following methods:
a. a building, or
b. a covered containment unit, or
c. a three-sided concrete bin that meets the following criteria:
i. solid construction
ii. located on an impervious surface (e.g. asphalt pad, concrete pad, etc.)
iii. cover unit with a tarp when material is not being added or removed
Once the request for a legitimate use approval is granted, the approval is valid for one year. Within sixty
(60) days from the expiration date of the approval, the facility must submit a summary of the use to IDEM,
Office of Land Quality, Industrial Waste Compliance Section. The summary shall include:
a. A statement describing the effectiveness of factory second asphalt roofing shingles in HMA
(include any supporting documentation)
b. Volume of ground-up asphalt-based shingles used in HMA production
c. Percentage of Shingles used in HMA
d. Log of amount and source of shingles brought on-site
e. Log of unusable shingles and other deleterious materials sent for disposal
At that time, a facility may request to renew the legitimate use approval in order to continue processing
shingles.
Office of Land Quality, Industrial Waste Compliance Section. The summary shall include:
a. A statement describing the effectiveness of factory second asphalt roofing shingles in HMA
(include any supporting documentation)
b. Volume of ground-up asphalt-based shingles used in HMA production
c. Percentage of Shingles used in HMA
d. Log of amount and source of shingles brought on-site
e. Log of unusable shingles and other deleterious materials sent for disposal
At that time, a facility may request to renew the legitimate use approval in order to continue processing
shingles.
Water
Any facility which has a point source discharge to waters of the state must apply for permit coverage
under 327 IAC 15-6 Storm Water Discharges Exposed to Industrial Activity. If a facility is subject to this
rule but has not applied for coverage, a legitimate use approval will not be granted until such coverage is
obtained and a Storm Water Pollution Prevention Plan is in place. As stated above, even if a facility is not
subject to the requirements of Rule 6, best management practices must be implemented in order to
prevent migration of material due to run-off from storm events.
under 327 IAC 15-6 Storm Water Discharges Exposed to Industrial Activity. If a facility is subject to this
rule but has not applied for coverage, a legitimate use approval will not be granted until such coverage is
obtained and a Storm Water Pollution Prevention Plan is in place. As stated above, even if a facility is not
subject to the requirements of Rule 6, best management practices must be implemented in order to
prevent migration of material due to run-off from storm events.
Air
An air application must be filed with IDEM to add shingles as an aggregate material. The application must
include information pertaining to the storage and use of shingles as aggregate. This information includes,
but is not limited to:
include information pertaining to the storage and use of shingles as aggregate. This information includes,
but is not limited to:
Pile Sizes (Acres)
Annual maximum production (in tons)
Description of shingles (manufacturer’s second shingles, tear off’s, or both)
Description of proposed processing practices (grinding, processing, storage)
Asbestos-free certification practices
Emissions Calculations
Currently, there are no established emission factors for processing shingles. For the purposes of
calculating emissions, it has been determined that shingles possess similar physical characteristics to RAP
therefore it is acceptable to utilize emission factors for RAP when calculating emissions from shingle
processing. In most cases, the use of shingles as aggregate will displace other materials in the feedstock
(virgin aggregate, RAP, etc.) therefore the overall production of HMA at the facility will not increase. For
this reason, it may be appropriate to file a request for a minor permit revision as opposed to a significant
permit revision because there is no net emissions increase, except fugitive. Fugitive emissions will need
to be calculated for storage piles and traffic related to moving shingles. Even though it is appropriate for
a facility to request a minor permit revision to add shingle processing, IDEM will make the final
determination on the significance of the request.
For more information regarding shingle processing at HMA facilities, please contact Lauren Pecina at 574522-
1019 ext. 120 or lpecina@bcaconsultants.com.
Disclaimer: Information contained in this article is the opinion of the author and not supported or
endorsed by any government agency.