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HomeMy WebLinkAboutAQ_F_0400043_20161114_PRMT_Permit PAT MCCRORY DONALD R. VAN DER VAART Air Quality SHEILA C. HOLMAN ENVIRONMENTAL QUALITY -i;rcc'rur November 14,2016 Mr.Howard P. Brown, Jr. Vice President of Production and Engineering Triangle Brick Company 6523 Apex Road Durham,North Carolina 27713-9346 Dear Mr.Brown: SUBJECT: Air Quality Permit No. 08179T09 Facility ID: 06/04/00043 Triangle Brick Company- Wadesboro Wadesboro,North Carolina Anson County Fee Class: Title V PSD Class: Minor In accordance with your completed Air Quality Permit Application for a minor modification of a Title V permit received August 16,2016,we are forwarding herewith Air Quality Permit No.08179T09 to Triangle Brick Company,Wadesboro,Anson County,North Carolina authorizing the construction and operation, of the emission source(s) and associated air pollution control device(s) specified herein. Additionally, any emissions activities determined from your Air Quality Permit Application as being insignificant per 15A North Carolina Administrative Code 02Q .0503(8) have been listed for informational purposes as an "ATTACHMENT." Please note the requirements for the annual compliance certification are contained in General Condition P in Section 3. The current owner is responsible for submitting a compliance certification for the entire year regardless of who owned the facility during the year. These emission source(s) and/or control device(s) (ID No(s). K-1 and K-2) are listed as a minor modification per 15A NCAC 02Q.0515. The compliance certification as described in General Condition P is required. Unless otherwise notified by NC DAQ, the affected terms of this permit (excluding the permit shield as described General Condition R) for this source shall become final on (Enter date; 60 days after issue date). Until this date, the affected permit terms herein reflect the proposed operating language that the Permittee shall operate this source under pursuant to 15A NCAC 02Q .0515(f). As the designated responsible official it is your responsibility to review, understand, and abide by all of the terms and conditions of the attached permit. It is also your responsibility to ensure that any person who operates any emission source and associated air pollution control device subject to any term or condition of the attached permit reviews, understands, and abides by the condition(s) of the attached permit that are applicable to that particular emission source. If any parts, requirements, or limitations contained in this Air Quality Permit are unacceptable to you, State of North Carolina I Environmental Quality I Air Quality 1641 Mail Service Center 1 217 W.Jones Street,Suite 4000 1 Raleigh,NC 27609-1641 919 707 8400 T Mr. Howard P. Brown,Jr. November 14,2016 Page 2 you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. This hearing request must be in the form of a written petition, conforming to NCGS (North Carolina General Statutes) 150B-23, and filed with both the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714 and the Division of Air Quality,Permitting Section, 1641 Mail Service Center,Raleigh,North Carolina 27699-1641. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Please note that this permit will be stayed in its entirety upon receipt of the request for a hearing. Unless a request for a hearing is made pursuant to NCGS 150B-23, this Air Quality Permit shall be final and binding 30 days after issuance. You may request modification of your Air Quality Permit through informal means pursuant to NCGS 150B-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that this Air Quality Permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under NCGS 150B-23. Anson County has not triggered increment tracking under PSD for any pollutants, so no tracking is required. This Air Quality Permit shall be effective from November 14,2016 until August 31,2018 is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. Should you have any questions concerning this matter, please contact Jenny Sheppard at (919) 707- 8727. Sincerely yours, hlkte Cef, Permitting Section Division of Air Quality, NCDEQ Enclosure c: Heather Ceron, EPA Region 4 Fayetteville Regional Office Central Files ATTACHMENT to Permit No. 08179T09 Insi nificant Activities per 15A NCAC 02Q.0503(8) Emission Source ID No. Emission Source Description IS-Tank 3,000 gallon above ground gasoline storage tank 1. Because an activity is insignificant does not mean that the activity is exempted from an applicable requirement or that the Permittee is exempted from demonstrating compliance with any applicable requirement. 2. When applicable, emissions from stationary source activities identified above shall be included in determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 02D .1100 "Control of Toxic Air Pollutants"or 02Q .0711 "Emission Rates Requiring a Permit." 3. For additional information regarding the applicability of MACT or GACT see the DAQ page titled "Specific Permit Conditions Regulatory Guide."The link to this site is as follows: http://deg.nc.gov/about/divisions/air-quality/air-quality-permits/specific-permit-conditions-re ug latory-guide. Summary of Changes to Permit The following changes were made to the Triangle Brick Company-Wadesboro Air Permit No.08179T09 Page(s) Section Description of Change(s) Cover letter Updated permit revision numbers,effective date,and expiration date. Updated permit application number.Updated permit issuance date. Updated signature line to reflect current Air Permits Section Chief. All All,header Update permit revision number and issue date,application number 8 Section 2.1 A.4. Added additional monitoring,recordkeeping and reporting requirements to include the use of the DLA to comply with 1120) 27 General Conditions Updated to current language(4.0) State of North Carolina Department of Environmental Quality Division of Air Quality AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Effective Date* Expiration Date 08179T09 08179T08 November 14, 2016 August 31, 2018 *The effective date listed above applies only to changes made as a result of this modification. All other terms and conditions of this permit are applicable as of the issuance date. Until such time as this permit expires or is modified or revoked,the below named Permittee is permitted to construct and operate the emission source(s)and associated air pollution control device(s) specified herein, in accordance with the terms, conditions, and limitations within this permit. This permit is issued under the provisions of Article 21B of Chapter 143, General Statutes of North Carolina as amended, and Title 15A North Carolina Administrative Codes (15A NCAC), Subchapters 02D and 02Q,and other applicable Laws. Pursuant to Title 15A NCAC, Subchapter 02Q, the Permittee shall not construct, operate, or modify any emission source(s)or air pollution control device(s)without having first submitted a complete Air Quality Permit Application to the permitting authority and received an Air Quality Permit,except as provided in this permit. Permittee: Triangle Brick Company - Wadesboro Facility ID: 06/04/00043 Facility Site Location: US Highway 52 City,County,State,Zip: Wadesboro,Anson County,North Carolina 28170 Mailing Address: 6523 Apex Road City,State,Zip: Durham,North Carolina 27713-9346 Application Number: 0400043.16A Complete Application Date: August 16,2016 Primary SIC Code: 3251 Division of Air Quality, Fayetteville Regional Office Regional Office Address: 225 Green Street—Suite 714,Systel Building Fayetteville,North Carolina 28301-5043 Permit issued this the 141 day of November, 2016 William D. Willets, P.E., Chief,Air Permitting Section By Authority of the Environmental Management Commission Table of Contents SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS 2.1 Emission Source(s) Specific Limitations and Conditions(Including specific requirements, testing,monitoring, recordkeeping, and reporting requirements) 2.2 Multiple Emission Source(s) Specific Limitations and Conditions (Including specific requirements,testing,monitoring,recordkeeping, and reporting requirements) 2.3 Other Applicable Requirements SECTION 3: GENERAL PERMIT CONDITIONS ATTACHMENT List of Acronyms Permit 08179T09 Page 3 SECTION I- PERMITTED EMISSION SOURCE (S) AND ASSOCIATED IR POLLUTION CONTROL DEVICE (S) AND APPURTENANCES The following table contains a summary of all pennitted emission sources and associated air pollution control devices and appurtenances: Page Emission Source ID No. Emission Source Control Control Device Nos. Description Device Description ID No. Two Brick Tunnel Kilns 6,7, K-1* One natural gas/No.2 fuel oil/No. 6 fuel oil- CD-K 1 Dry Limestone 8,9, 02D.1109 Case by Case fired Brick Tunnel Kiln(29.0 tons per hour Adsorber(DLA) 21,23 MACT material output rate,42.8 million Btu per hour heat input rate) 6,7, K-2* One natural gas/No.2 fuel oil/No. 6 fuel oil- CD-K2 Dry Limestone 8,9, 02D .1109 Case by Case fired Brick Tunnel Kiln(29.0 tons per hour Adsorber(DLA) 21,24 MACT material output rate,42.8 million Btu per hour heat input rate) Rotary Coatings Dryer 10 SD-1 One natural gas-fired Rotary Coatings Dryer N/A N/A NSPS UUU (8.1 tons of clay per hour material input rate, 0.3 million Btu per hour heat input rate) Primary Crushing Plant and Associated Conveyances PC-1 and PC-2 Two shale feeders N/A N/A 12 PC-3 and PC-4 Two scalp screens N/A N/A NSPS 000 12 PC-5 and PC-6 Two jaw crushers N/A N/A NSPS 000 12 PC-7 One conveyor under PC-3 and PC-5 N/A N/A NSPS 000 12 PC-8 One conveyor under PC-4 and PC-6 N/A N/A NSPS 000 12 PC-9 One cross-over conveyor N/A N/A NSPS 000 12 PC-10 One shuttle conveyor N/A N/A NSPS 000 Two Secondary Clay Grinding Plants and Associated Conveyances CG-1 One clay feeder N/A N/A 14 CG-2 One conveyor belt to scalping screen N/A N/A NSPS 000 14 CG-3 One scalping screen N/A N/A NSPS 000 14 CG-4 One return conveyor belt for oversize from N/A N/A NSPS 000 screens 14 CG-5 One conveyor belt to hammer mill N/A N/A NSPS 000 14 CG-6 One hammer mill N/A N/A NSPS 000 14 CG-7 One conveyor belt under hammer mill N/A N/A NSPS 000 Permit 08179T09 Page 4 Emission Emission Source Control Control Device Source Description Device Description ID No. ID No. 14 CG-8 One conveyor belt to finish screens N/A N/A NSPS 000 14 CG-10 through CG-13 Four finish screens N/A N/A NSPS 000 14 CG-14 One fines conveyor belt under screens N/A N/A NSPS 000 14 CG-15 One conveyor belt to storage bins N/A N/A NSPS 000 14 CG-16 One conveyor belt over storage bins N/A N/A NSPS 000 14 CG-17 through CG-21 Five storage bins N/A N/A NSPS 000 14 CG-22 through CG-26 Five feeders under storage bins N/A N/A NSPS 000 14 CG-27 One conveyor in front of storage bins N/A N/A NSPS 000 14 CG-28 One conveyor to pug mill N/A N/A NSPS 000 CG-29 One clay feeder N/A N/A 18 CG-30 One conveyor belt to scalping screen N/A N/A NSPS 000 18 CG-31 One scalping screen N/A N/A NSPS 000 18 CG-32 One return conveyor belt for oversize from N/A N/A NSPS 000 screens 18 CG-33 One conveyor belt to hammer mill N/A N/A NSPS 000 18 CG-34 One hammer mill N/A N/A NSPS 000 18 CG-35 One conveyor belt under hammer mill N/A N/A NSPS 000 18 CG-36 One conveyor belt to finish screens N/A N/A NSPS 000 18 CG-37 through CG-40 Four finish screens N/A N/A NSPS 000 18 CG-41 One fines conveyor belt under screens N/A N/A NSPS 000 18 CG-42 One conveyor belt to storage bins N/A N/A NSPS 000 18 CG-43 One conveyor belt over storage bins N/A N/A NSPS 000 18 CG-44 through CG-48 Five storage bins N/A N/A NSPS 000 18 CG-49 through CG-53 Five feeders under storage bins N/A N/A NSPS 000 18 CG-54 One conveyor in front of storage bins N/A N/A NSPS 000 18 CG-55 One conveyor to pug mill N/A N/A NSPS 000 Permit 08179T09 Page 5 Emission Emission Source Control Control Device Source Description Device Description ID No. ID No. Loam/Sawdust Preparation Operation and Associated Conveyances LS-1 Loam/sawdust feeder N/A N/A 16 LS-2 One conveyor from loam/sawdust feeder to finish screens N/A N/A NSPS 000 16 LS-3 One loam screen N/A N/A NSPS 000 16 LS-4 One loam crusher N/A N/A NSPS 000 16 LS-5 One oversize return conveyor from LS-3 N/A N/A NSPS 000 16 LS-6 One oversize return chute N/A N/A NSPS 000 16 LS-7 One fines conveyor belt under LS-3 to bunker belt conveyor N/A N/A NSPS 000 16 LS-8 One belt conveyor to bunker N/A N/A NSPS 000 16 LS-9 One storage bunker N/A N/A NSPS 000 16 LS-10 One sawdust screen N/A N/A NSPS 000 16 LS-11 One conveyor to storage bins N/A N/A NSPS 000 16 LS-12 One oversize conveyor from sawdust screen N/A N/A NSPS 000 Above Ground Storage Tanks 18 T-1 One 24,000 gallon above ground No.6 fuel oil storage tank N/A N/A NSPS Kb 18 T-2 and T-3 Two 24,000 gallon above ground No.2 fuel oil storage tanks N/A N/A NSPS Kb 18 T-4 One 24,000 gallon above ground highway diesel fuel oil N/A N/A L-1 NSPS Kb storage tank 18 T-5 One 24,000 gallon above ground Additive"A"storage tank N/A N/A NSPS Kb *These emission source(s)and/or control device(s)(11)No(s).K-1 and K-2,CD-K1 and CD-K2)are listed as a minor modification per 15A NCAC 02Q.0515. The compliance certification as described in General Condition P is required. Unless otherwise notified by NC DAQ,the affected terms of this permit(excluding the permit shield as described General Condition R)for this source shall become final on(January 13,2017). Until this date,the affected permit terms herein reflect the proposed operating language that the Permittee shall operate this source pursuant to 15A NCAC 02Q.0515(f). Permit 08179T09 Page 6 SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS 2.1- Emission Source(s) and Control Devices(s) Specific Limitations and Conditions The emission source(s)and associated air pollution control device(s)and appurtenances listed below are subject to the following specific terms, conditions, and limitations, including the testing, monitoring, recordkeeping, and reporting requirements as specified herein: A. Two natural gas/No. 2 fuel oil/No. 6 fuel oil-fired Brick Tunnel Kilns (ID Nos. K-1 and K-2, 29.0 tons per hour material output rate, 42.8 million Btu per hour maximum heat input rate each) and associated dry limestone adsorbers (ID Nos. CD-KI and CD-K2) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant particulate matter E=4.1 OP0 61 15A NCAC 02D .0515 where E=allowable emission rate in pounds per hour P=process weight in tons per hour sulfur dioxide 2.3 pounds per million Btu 15A NCAC 02D .0516 Less than 250 tons per year; See Section 2.2 (B)—kiln K-1 15A NCAC 02Q.0317 only (Avoidance of 02D .0530) Less than 250 tons per year; See Section 2.2(C)—kiln K-2 15A NCAC 02Q .0317 only (Avoidance of 02D .0530) visible emissions 20 percent opacity 15A NCAC 02D .0521 Filterable PM Affected Sources:ID No.K-1 and K-2 15A NCAC 02D .1109 0.17 pounds of filterable PM per ton of brick produced HCl-equivalent 9.455 pounds per hour from both kilns ID Nos.K-1 and K-2, 15A NCAC 02D.1109 combined odorous emissions See Section 2.2(A)(1); State-enforceable only 15A NCAC 02D.1806 toxic air pollutants See Section 2.2(A)(2); State-enforceable only 15A NCAC 02D.1100 See Section 2.2(A)(3); State-enforceable only 15A NCAC 02Q.0711 1. 15A NCAC 02D .0515: PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES a. Emissions of particulate matter from the brick tunnel kilns (ID Nos. K-1 and K-2) shall not exceed an allowable emission rate as calculated by the following equation: [15A NCAC 02D .0515(a)] E=4.10 x P°G7 Where E=allowable emission rate in pounds per hour P=process weight in tons per hour Liquid and gaseous fuels and combustion air are not considered as part of the process weight. Testing[15A NCAC 02Q.0508(f)] b. If emission testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 A.1.a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0515. Permit 08179T09 Page 7 Monitoring[15ANCAC 02Q.0508(f)] c. To ensure compliance,the Permittee shall perform an inspection of the natural gas/No.2 fuel oil/No.6 fuel oil fired brick tunnel kilns in accordance with the following: i. every six months, perform a visual inspection of the brick tunnel kiln's emissions ductwork system for leaks, holes,or disrepair;and ii. every six months,perform a visual inspection of the tunnel brick kiln's fuel combustion systems. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0515 if inspections of the system ductwork or fuel combustion systems are not performed. Recordkeeping [15A NCAC 02Q .0508(f)] d. The results of the monitoring shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions; and iii. the results of any corrective actions performed. The Permittee shall be deemed in non-compliance with 2.1 A.I. a. if records of the monitoring results are not maintained. Reporting [15A NCAC 02Q.0508(f)] e. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. 2. 15A NCAC 02D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from the brick tunnel kilns (ID Nos. K-1 and K-2) shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels,wastes,ores,and other substances shall be included when determining compliance with this standard. [15A NCAC 02D .0516] Testing[15A NCAC 02Q.0508(f)] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 A.2. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0516. Monitoring/Recordkeeping [15A NCAC 02Q.0508(f)] c. No monitoring/recordkeeping is required for sulfur dioxide emissions from the combustion of natural gas/No.2 fuel oil in these sources. d. No more than 216 of the 310 burners in each of the brick tunnel kilns(ID Nos.K-1 and K-2)shall be fired with No. 6 fuel oil at one time because the preheat section(94 burners)of the kilns are only capable of firing natural gas and No.2 fuel oil. e. The maximum sulfur content of any No. 6 fuel oil received and burned in the brick tunnel kilns (ID Nos.K-1 and K-2) shall not exceed 2.1 percent by weight. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0516 if the sulfur content of the fuel oil exceeds this limit. [15A NCAC 02Q .0508(bb)] f. To ensure compliance,the Permittee shall monitor the sulfur content and Btu content of the No. 6 fuel oil by using fuel oil supplier certification per shipment received. The results of the fuel oil supplier certifications shall be recorded in a log(written or electronic format)on a quarterly basis and include the following information: i. the name of the fuel oil supplier; ii. the maximum sulfur content of the fuel oil received during the quarter; iii. the method used to determine the maximum sulfur content of the fuel oil;and iv. a certified statement signed by the responsible official that the records of fuel oil supplier certification submitted represent all of the No.6 fuel oil fired during the period. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0516 if the sulfur content of the No.6 fuel oil is not monitored and recorded. Permit08179T09 Page 8 3. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from the tunnel brick kilns(ID Nos.K-1 and K-2)shall not be more than 20 percent opacity when averaged over a six-minute period. However, six-minute averaging periods may exceed 20 percent not more than once in any hour and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent opacity. [15A NCAC 02D .0521 (d)] Testing [15A NCAC 02Q.0508(f)] b. If emission testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 A.3. a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0521. Monitoring[15A NCAC 02Q.0508(f)] c. To ensure compliance,once a month,the Permittee shall observe the emission points of the sources for any visible emissions above normal.The monthly observation must be made for each month of the calendar year period to ensure compliance with this requirement. If visible emissions from the sources are observed to be above normal, the Permittee shall either: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below,or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 02D .2610(Method 9)for 12 minutes is below the limit given in Section 2.1 A.3. a.above. If the above-normal emissions are not corrected per(i)above or if the demonstration in(ii)above cannot be made, the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D .0521. Recordkeeping[15A NCAC 02Q.0508(f)] d. The results of the monitoring shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions;and iii. the results of any corrective actions performed. The Permittee shall be deemed in non-compliance with 2.1 A.3. a. if records of the monitoring results are not maintained. Reporting[15A NCAC 02Q.0508(f)] e. The Permittee shall submit,in writing: i. a summary report of the observations postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. ii. any non-complying emission sources which exceed the applicable opacity limit(s)of 2.1 A.3. a.,along with the duration of non-compliance,the determined cause of exceedance and the resulting corrective action taken. This report shall be submitted to the Regional Supervisor,Division of Air Quality, within ten(10) days of such an occurrence. 4. 15A NCAC 02D.1109:CAA§ 112(j);Case-by-Case MACT for Brick Manufacturers a. The initial compliance date for the emissions standards, work practice standards, and associated monitoring, recordkeeping, and reporting requirements listed below is September 4, 2016. These conditions need not be included on the annual compliance certification until after the initial compliance date. Emissions Standards[15A NCAC 02D.1109] b. Emissions of the following regulated pollutants shall not exceed the emissions limits listed below: i. Filterable PM: (A) 0.17 lbs/ton for the large tunnel kilns(ID Nos.K-1 and K-2). ii. HCl-equivalent: 9.455 lbs/hr from all tunnel kilns(ID Nos. K-1 and K-2). HCl-equivalent is defined by the following equation: E=EHCI+EHF*(RfCHCl/RfCHF) Where: E = HCI-equivalent emission rate(in lbs/hr) Permit 08179T09 Page 9 EHCi = HCl emission rate(in lbs/hr); EHF = HF emission rate(in lbs/hr); RfCHCI = Reference concentration for HCl(20 µg/m3); and RfC C12 = Reference concentration for HF(14 µg/m3). iii. Routine Maintenance Periods: The limits above apply at all times except for periods of routine maintenance during which the Permittee may bypass the DLAs (ID Nos. CD-K1 and CD-K2) and continue operating the kilns(ID Nos.K-1 and K-2)for up to 4 percent of the annual operating uptime.The Permittee must minimize HAP emissions during the bypass period and must minimize the time period during which the kiln is operating and the control device is offline. The Permittee shall follow the procedures in 15A NCAC 02D. 0535 for any excess emissions that occur during periods of startup,shutdown,or malfunction. Testing [15A NCAC 02Q.0508(f)] c. The Permittee shall conduct an initial compliance test for all pollutants listed in Section 2.1 A.4.b.above within 180 days of the initial compliance date,unless the NC DAQ—SSCB approves a previously conducted performance test as an equivalent compliance demonstration. Testing shall be performed in accordance with 15A NCAC 02D .2601 and General Condition JJ found in Section 3. Testing shall be completed on one natural gas/No. 2 fuel oil/No. 6 fuel oil-fired brick kiln. i. Measure pollutant emission concentrations while operating at the maximum production level,as follows: (A) Particulate Matter:PM testing is only required at the large tunnel kilns(ID Nos.K-1 and K-2).Use Method 5 in 40 CFR 60,Appendix A. (B) HF&HCI:HF and HCI testing is required for all the tunnel kilns,unless an alternative test plan is approved by the NC DAQ—SSCB for demonstrating compliance with the total HCI-equivalent emission limitation in Section 2.1.A.4.b.ii. Use either of the following methods: (1) Use Method 26 or 26A in 40 CFR 60,Appendix A. Method 26A may only be used when no acid PM (e.g.,HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber)is present. (2) Use Method 320 of 40 CFR 63,Appendix A. Follow the analyte spiking procedures of Section 13 of Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source. ii. Establish the limestone feeder setting at least one week prior to the performance test and maintain the feeder setting for the one-week period that precedes the performance test and during the performance test. The Permittee shall use the data from the limestone feeder during the performance test to establish the operating limit for the limestone feeder setting at the DLAs(ID Nos.CD-KI and CD-K2). iii. Document the source and grade of limestone used at the DLAs (ID Nos. CD-K1 and CD-K2) during the performance test using records of limestone purchase. Performance tests may not be conducted during periods of startup,shutdown,or malfunction. The Permittee shall be deemed in non-compliance with 15A NCAC 02D.1109 if the required tests are not conducted,or if the results of the emissions tests exceed the limits in Section 2.1 A.4.b.above. Monitorine/Recordkeepin2 [15A NCAC 02Q.0508(f)] d. The Permittee shall maintain an adequate amount of limestone in the limestone hopper, storage bin(located at the top of the DLA),and DLAs(ID No.CD-K1 and CD-K2)at all times. i. Once per day,the Permittee shall verify that the limestone hopper and storage bin at the DLAs(ID Nos. CD-K1 and CD-K2)contain adequate limestone and record the results. ii. The record of the daily check shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .1109 if these monitoring and recordkeeping requirements are not met or if the Permittee does not maintain an adequate amount of limestone as provided above. e. The Permittee shall use the same grade of limestone at the DLAs(ID Nos.CD-K1 and CD-K2)from the same source as was used during the performance test.The Permittee shall maintain records of the source and grade of limestone used.The records shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request.The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if these records are not maintained. f. The Permittee shall maintain the limestone feeder settings at the DLAs(ID Nos.CD-K1 and CD-K2)at or above the level established during the performance test. i. Once per day,the Permittee shall check and record the limestone feeder setting to verify that it is being maintained at or above the level established during the performance test. ii. The record of the daily check shall be maintained in a logbook(written or electronic format)on-site and Permit 08179T09 Page 10 made available to an authorized representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if these monitoring and recordkeeping requirements are not met or if the Permittee does not maintain the limestone feeder setting as provided above. g. The Permittee shall maintain no visible emissions from the DLA stacks(ID Nos.CD-K1 and CD-K2).The Permittee perform visible emissions observations as follows: i. Conduct a daily Method 22 test(40 CFR 60,Appendix A). The duration of each Method 22 test must be at least 15 minutes.If VE are observed during any daily VE test,promptly initiate and complete corrective actions according to the site-specific OM&M plan. ii. If no VE are observed in 30 consecutive daily Method 22 tests for any kiln stack,the Permittee may decrease the frequency of Method 22 testing from daily to weekly.If VE are observed during any weekly test,the Permittee shall promptly initiate and complete corrective actions,resume Method 22 testing of that kiln stack on a daily basis,and maintain that schedule until no VE are observed in 30 consecutive daily tests,at which time the Permittee may again decrease the frequency of Method 22 testing to a weekly basis. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if the required visible emissions observations are not performed or if visible emissions are detected. h. Once per calendar month,the Permittee shall ensure that the limestone feed system on the DLA(ID No.CD-K1 and CD-K2)replaces limestone at least as frequently as the schedule set during the performance test.The Permittee shall create and maintain a record of the monthly check in a logbook(written or electronic format)on- site and shall make the records available to an authorized representative upon request.The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if this requirement is not met. i. The Permittee shall monitor the bypass damper position for the DLA(ID No.CD-K1 and CD-K2)at the large tunnel kilns(ID No.K-1 and K-2). i. the Permittee shall monitor and record the bypass damper position at least every 15 minutes for the DLAs (ID Nos.CD-K1 and CD-K2). ii. The record of the monitoring shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .1109 if these monitoring and recordkeeping requirements are not met. j. The Permittee shall maintain records of the production rates on a fired-product basis for each affected tunnel kilns (ID Nos. K-1 and K-2). The Permittee shall be deemed in noncompliance with 15A NCAC 02D .1109 if these records are not maintained. k. The results of the visible emissions observations at the large tunnel kilns(ID Nos.K-1 and K-2)shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The logbook shall record the following: i. The date and time of each recorded action; ii. The results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions;and iii. The results of any corrective actions performed. The Permittee shall be deemed in non-compliance with 15A NCAC 02D .1109 if records of the monitoring results are not maintained. 1. The Permittee shall maintain a record of each period when the large tunnel kilns(ID No.K-1 and K-2)are operated while bypassing the DLAs (ID Nos. CD-K1 and CD-K2) in order to perform routine maintenance. The records shall be maintained in a logbook (written or electronic format) on-site and made available to an authorized representative upon request,and shall include: i. The start date and start time of the routine maintenance; ii. The stop date and stop time of the routine maintenance; iii. A description of the maintenance activities;and, iv. The total time the kilns have operated in by-pass,and the total percentage of the operating time the kiln has operated in bypass for the previous 12-month period. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if these records are not maintained or if the percentage of time the kilns operate in bypass exceeds 4%of the annual operating time. in. The Permittee shall maintain a daily report for the bypass damper showing the amount of openand/or closed time for the previous 24 hours.The records shall be maintained in a logbook(written or electronic format)on- site and made available to an authorized representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1109 if records of the monitoring results are not maintained. Reporting [15A NCAC 02Q.0508(f)] n. The Permittee must submit a Notification of Compliance Status within 60 days following the completion of the final Permit 08179T09 Page 11 required performance test. The Notification of Compliance Status must include the following information: i. A summary of the results of all performance tests conducted to demonstrate initial compliance as required in Section 2.1 AA.c. of this permit; ii. The limestone feeder setting values established for the DLAs(ID Nos.CD-Kl and CD-K2)during the performance test; iii. The source and grade of limestone used at the DLAs(ID Nos.CD-Kl and CD-K2)duringthe performance test;and, vi. A description of any routine maintenance that the Pennittee will perform on the DLA(s)(ID No(s).CD-Kl and CD-K2),during which the Permittee will continue operating the large tunnel kiln(s)(ID No(s).K-1 and K-2) while bypassing the control device. o. The Permittee shall submit a semi-annual summary report, acceptable to the Regional Air Quality Supervisor, of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December,and July 30 of each calendar year for the preceding six-month period between January and June. The report shall contain the following: i. Company name,facility ID number,and address; ii. Statement by the Responsible Official with that official's name, title, and signature certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate,and complete; iii. A description of routine maintenance performed while the DLA(s)(ID No(s).CD-Kl and CD-K2)was offline and the large tunnel kiln(s)(ID No.K-1 and K-2)was operating,including the following: (A) The date and time when the DLA was shutdown and restarted. (B) Identification of the number of hours that the kiln operated while the DLA was offline. (C) The total amount of time(in hours and%of total operating time)that the associated kiln operated during the current semiannual compliance period and during the previous semiannual compliance period. iv. For each deviation from a limitation (emission limit, operating limit, or work practice standard), include the following information: (A) The total operating time of each affected source during the reporting period. (B) Information on the number,duration,and cause of deviations(including unknown cause,if applicable),as applicable,and the corrective action taken. v. The Permittee shall submit a summary of the daily reports for the bypass damper position for the DLA(s)(ID No(s).CD-Kl and CD-K2). If there were no deviations from any of the applicable limitations, a statement that there were no deviations during the reporting period. Permit 08179T09 Page 12 B. One natural gas-fired Rotary Coatings Dryer (ID No. SD-1, 8.1 tons of clay per hour material input rate, 0.3 million Btu per hour heat input rate) The following provides a summary of limits and/or standards for the emission source(s)described above. Regulated Limits/Standards Applicable Regulation Pollutant sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 02D.0516 particulate matter and Potential emissions of particulate matter from the rotary 15A NCAC 02D.0524 visible emissions coatings dryer shall not exceed 0.057 g/dscm(0.025 gr/dscf), (40 CFR 60 Subpart UUU) NSPS-UUU and visible emissions shall not exceed 10%opacity. Odors Odorous emissions must be controlled-Section 2.2(A)(1); 15A NCAC 02D.1806 State-enforceable only 1. 15A NCAC 02D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES Regulatory Requirement a. Emissions of sulfur dioxide from the rotary coatings dryer shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances shall be included when determining compliance with this standard. [15A NCAC 02D .0516(a)] Testing[15A NCAC 02Q.0508(f)] b. If emission testing is required,the testing shall be performed in accordance with 15A NCAC 02D .0501(c)(4)and General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 B. l.a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0516. Monitoring/Recordkeeping/Reporting[15A NCAC 02Q.0508(o] c. No monitoring,recordkeeping,or reporting is required for sulfur dioxide emissions from the firing of natural gas in the rotary coatings dryer. 2. 15A NCAC 02D .0524: NEW SOURCE PERFORMANCE STANDARDS (40 CFR 60 SUBPART UUU - STANDARDS OF PERFORMANCE FOR CALCINERS AND DRYERS IN MINERAL INDUSTRIES) Regulatory Requirement a. As required by 40 CFR 60.732,on and after the date on which the performance test required to be conducted by 40 CFR 60.8 is completed,but not later than 180 days after the initial startup,whichever date comes first,no emissions shall be discharged into the atmosphere from any affected facility that: i. contain particulate matter in excess of 0.057 g/dscm(0.025 gr/dscf)for dryers;and ii. exhibit greater than 10 percent opacity. b. As required by 40 CFR 60.11(c), the opacity standards set forth in this part shall apply at all times except during periods of startup,shutdown,malfunction,and as otherwise provided in the applicable standard c. As required by 40 CFR 60.11(d),at all times,including periods of startup,shutdown,and malfunction,owners and operators shall,to the extent practicable,maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on available information which may include,but is not limited to,monitoring results, opacity observations, review of operating and maintenance procedures,and inspection of the source. d. Additionally, the Permittee shall comply with all applicable provisions, notification, testing, reporting, record keeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS) as promulgated in 40 CFR Part 60.730, Subpart UUU, including Subpart A"General Provisions." Testing[15A NCAC 02Q.0508(f)] e. Initial compliance or when subsequent additional testing is required, shall be in accordance with the requirements of 15A NCAC 02D .0524 (40 CFR 60.730, Subpart UUU)and(c)(18) and General Condition JJ, has been or will be performed when determining compliance of each individual affected facility with 40 CFR 60.732. If test results exceed the applicable limit(s)as given in Section 2.1 B.2.a.above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524. Permit 08179T09 Page 13 Monitorina/Recordkeeping[15A NCAC 02Q.0508(f)] f. In conducting the performance tests required in by 40 CFR 60.8,the Permittee shall use as reference methods and procedures, the test methods in 40 CFR Part 60, Appendix A or other methods and procedures as specified in this section,except as provided in 40 CFR 60.8(b). g. In determining compliance with the particulate matter standards in 40 CFR 60.732,see Section 2.1 B. 2.a.above, the Permittee shall determine compliance as follows: i. 40 CFR Part 60, Appendix A, Method 5 shall be used to determine the particulate matter concentration. The sampling time and volume for each test run shall be at least 2 hours and 1.70 dscm. ii. 40 CFR Part 60,Appendix A,Method 9 and the procedures in 40 CFR 60.11 shall be used to determine opacity from stack emissions. h. Compliance with opacity standards in this part shall be determined by conducting observations in accordance with Method 9.For purposes of determining initial compliance,the minimum total time of observations shall be 3 hours (thirty 6-minute averages)for the performance test or other set of observations(meaning those fugitive-type emission sources subject only to an opacity standard). i. To ensure compliance with 40 CFR 60.730(b) (see section 2.1 B.2. a.ii. above) the Permittee shall observe, on a daily basis, emissions from the rotary coatings dryer for any visible emissions. Should visible emissions be observed,the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D.0524,UNLESS,an approved Method 9 opacity determination meeting the requirements of 40 CFR 60.730(Subpart UUU), see Section 2.1 B.2. h.above,is performed and visible emissions are demonstrated to comply with the applicable limit given in 40 CFR 60.732(b) [10%opacity]. If compliance cannot be demonstrated,then each affected facility for which compliance cannot be demonstrated shall be deemed to be in noncompliance with 15A NCAC 02D.0524 and 40 CFR 60.730. j. The results of performance evaluations,discussed above in Section 2.1 B.2 J. shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative of DAQ upon request. The log shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions;and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0524 if these records are not maintained. k. To ensure compliance with the requirements of 40 CFR 60.732(a) (see Section 2.1 B.2. ad. above), the Permittee shall perform periodic inspections and maintenance as needed and as recommended by the manufacturer for each affected facility in the coatings drying operations. In addition to the manufacturer's inspection and maintenance recommendations, or if there is no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement shall include the following: i. a semi-annual internal inspection of the units that comprise the rotary coatings dryer for deterioration,damage, and leaks The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0524 if the affected facilities and duct work of the rotary coatings dryer are not visually inspected. Permit 08179T09 Page 14 1. The results of inspection and maintenance shall be maintained in a log (written or electronic format) on-site and made available to an authorized representative of DAQ upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if the rotary coatings dryer is not inspected and maintained. The log shall record the following: i. the date and time of each recorded action; ii. the results of each inspection;and iii. the results of any maintenance performed on the rotary coatings dryer;and iv. any variance from manufacturer's recommendations, if any,and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if these records are not maintained. in. The Permittee shall retain records of all information resulting from monitoring activities and information indicating operating parameters as specified in this condition for a minimum of five(5)years from the date of recording. Reporting [15A NCAC 02Q.0508(f)] n. As required in 40CFR 60.11(e)(2), the Permittee shall submit written summary reports of inspection and maintenance activities and the results of all performance tests conducted to demonstrate compliance with the standards set forth in 40 CFR 60.8 and 40 CFR 60.732, see Section 2.1 B.2.a. above, postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. o. As required in 40 CFR 60.11(e)(1),the Permittee shall make available,upon request by DAQ,such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible emission observer certification. p. In addition to any other notification requirements to the Environmental Protection Agency(EPA),the Permittee is required to NOTIFY the Regional Supervisor,DAQ,in WRITING,of the following: i. the date construction (40 CFR 60.7) or reconstruction (40 CFR 60.15) of an affected facility is commenced, postmarked no later than 30 days after such date; ii. the anticipated date of initial start-up of an affected facility,postmarked not more than 60 days nor less than 30 days prior to such date;and iii. the actual date of initial start-up of an affected facility,postmarked within 15 days after such date. C. One NSPS Subpart 000-affected primary crushing plant consisting of: Two scalp screens(ID Nos.PC-3 and PC-4); Two jaw crushers(ID Nos.PC-5 and PC-6); One conveyor under PC-3 and PC-5(ID No.PC-7); One conveyor under PC-4 and PC-6(ID No.PC-8); One cross-over conveyor(ID No.PC-9); and One shuttle conveyor(ID No.PC-10) The following table provides a suininary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant visible emissions 10 percent opacity at each affected facility,except for the jaw 15A NCAC 02D.0524 NSPS-000 crushers that are subject to the 15 percent opacity standard. (40 CFR 60 Subpart 000) odors See Section 2.2(A)(1)-odorous emissions must be controlled; 15A NCAC 02D.1806 State-enforceable only 1. 15A NCAC 02D .0524: NSPS 40 CFR PART 60,SUBPART 000- STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING PLANTS. Emission Standard(s) [15A NCAC 02D.0524]. a. For NSPS affected facilities subject to the 10 percent and 15 percent opacity limits, the Permittee shall meet the requirements of this Subpart by demonstrating compliance with 40 CFR 60.672(b) from each individual affected facility. Additionally, the Permittee shall comply with all applicable provisions, notification, testing, reporting, record keeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS) as promulgated in 40 CFR Part 60.670, Subpart 000,including Subpart A"General Provisions." Permit 08179T09 Page 15 Testing[15A NCAC 02Q.0508(f)] b. Initial compliance or when subsequent additional testing is required, shall be in accordance with the requirements of 15A NCAC 02D .0524(40 CFR 60.670, Subpart 000)and General Condition JJ,has been or will be performed when determining compliance of each individual affected facility with 40 CFR 60.672(a),(b)and(c). If test results exceed the applicable limit(s)as given in Section 2.1 C.1.a.above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0524. Monitoring[15A NCAC 02Q.0508(f)] c. Monitoring to ensure compliance with the applicable emissions standard(s)of 2.1 C.1. a. shall be performed by the Permittee as follows: i. observation of an individual affected facility: (A) observe each individual affected facility each month for any visible emissions which exceed"normal". In the event normal must be reestablished,the Permittee shall establish"normal"emissions by observing each week for 30 days the emissions from each enclosed affected facility or the building openings. Should monthly observed emissions of an affected facility exceed the established normal visible emissions for that affected facility, the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D .0524, UNLESS, (B) an approved Method 9 opacity determination meeting the requirements of 40 CFR 60.670(Subpart 000, 15A NCAC 02D .0501(c)(8) and (18) is performed for each affected facility and visible emissions are demonstrated to comply with the applicable limit(s) given in 60.672(b) and (c). If compliance for the affected facility cannot be demonstrated,the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524. Recordkeeping[15A NCAC 02Q.0508(f)] d. Results of monitoring shall be maintained in a log(written or electronic form). The following shall be recorded in the log: i. the results of the Permittee's observations to establish normal; ii. the results of the Permittee's monthly opacity emissions observations for each affected facility;and iii. the observations to establish normal should be recorded for each affected facility; iv. the date and time of each observation,and v. if any emissions were observed which exceeded"normal",the time and any resulting action(s)taken to reduce emissions exceeding an applicable limit,and vi. the date, time, and type of all corrective actions performed to prevent such an exceedance from re-occurring and a copy of any Method 9 opacity testing performed for the purpose of demonstrating compliance with the applicable emissions limit(s). The Permittee shall be deemed in non-compliance with 2.1 C.1. a. if records of the monitoring results are not maintained. Reporting[15A NCAC 02Q.0508(f)] e. The Permittee shall submit a written summary report of the all monitoring and record keeping activities as follows: i. a report of any changes in existing facilities as specified in 40 CFR 60.676 -Reporting and record keeping, including equipment being replaced and the replacement equipment of affected facilities. This report shall be submitted to the Administrator as required. ii. a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. iii. a report of any non-complying emissions for all emissions which exceed the applicable opacity limit(s)of 40 CFR 60.672(a),(b)and(c)as established using Method 9 compliance demonstrations conducted on an affected facility,along with the determined cause of exceedance and the resulting corrective action taken. Permit 08179T09 Page 16 D. One NSPS Subpart 000-affected clay grinding plant consisting of: One conveyor belt to scalping screen(ID No.CG-2); One scalping screen(ID No.CG-3); One return conveyor belt for oversize from screens(ID No.CG-4); One conveyor belt to hammer mill(ID No. CG-5); One hammer mill(ID No.CG-6); One conveyor belt under hammer mill(ID No.CG-7); One conveyor belt to finish screens(ID No. CG-8); Four finish screens(ID Nos.CG-10,CG-11,CG-12,and CG-13); One fines conveyor belt under screens(ID No.CG-14); One conveyor belt to storage bins(ID No.CG-15); One conveyor belt over storage bins(ID No.CG-16); Five storage bins(ID Nos.CG-17,CG-18,CG-19,CG-20,and CG-21); Five feeders under storage bins(ID Nos.CG-22,CG-23,CG-24,CG-25,and CG-26); One conveyor in front of storage bins(ID No.CG-27); and One conveyor to pug mill(ID No.CG-28); The following provides a summary of limits and/or standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant visible emissions 7 percent opacity for stack emission sources, 15 percent opacity for 15A NCAC 02D.0524 crushers,or 10 percent opacity at each belt conveyor and other (40 CFR 60 Subpart 000) NSPS-000 affected facilities,OR 7 percent opacity from the building openings enclosing the affected facilities odors See Section 2.2 (A)(1)-odorous emissions must be controlled;State- 15A NCAC 02D.1806 enforceable only 1. 15A NCAC 02D .0524: NSPS 40 CFR PART 60, SUBPART 000 -STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING PLANTS. Emission Standard(s) [15A NCAC 02D.0524] a. For the NSPS affected facilities within the building subject to a 10 or 15 percent opacity limit, the Permittee shall meet the requirements of this Subpart by demonstrating compliance with 40 CFR 60.672(c) from each individual affected facility OR by complying with the 40 CFR 60.672(e)limit of 7 percent opacity from the building openings. Additionally, the Permittee shall comply with all applicable provisions, notification, testing, reporting, record keeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS) as promulgated in 40 CFR Part 60.670, Subpart 000, including Subpart A"General Provisions." Testing[15A NCAC 02Q.0508(f)] b. Initial compliance or when subsequent additional testing is required, shall be in accordance with the requirements of 15A NCAC 02D .0524 (40 CFR 60.670, Subpart 000), 15A NCAC 02D .0501(c)(8) and (18) (requirements shall include indoor and contrasting background) and General Condition JJ, has been or will be performed when determining compliance of each individual affected facility with 40 CFR 60.672(a), (b) and (c) OR Method 22 testing,in accordance with the requirements of 15A NCAC 02D.0524(40 CFR 60.670(Subpart 000), 15A NCAC 02D .0501(c)(8) and(18) and General Condition JJ,has been or will be performed when determining compliance with the 7 percent opacity standard of 40 CFR 60.672(e)for building openings. If test results exceed the applicable limit(s)as given in Section 2.1 D.1.a.above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524. Monitoring[15A NCAC 02Q.0508(f)] c. Monitoring to ensure compliance with the applicable emissions standard(s)of 2.1 D.1.a. shall be performed by the Permittee as follows: i. observation of a building enclosure containing affected facilities: A. observe the building containing the clay grinding plant each month for fugitive visible emissions exceeding 7 percent opacity.Should any visible emissions above 7 percent be observed,each affected facility enclosed in the building shall be deemed to be in noncompliance with 15A NCAC 02D.0524 UNLESS a compliance Permit 08179T09 Page 17 demonstration for each affected facility enclosed in the building is performed in accordance with the following; B. an approved Method 9 opacity determination meeting the requirements of 40 CFR 60.670(Subpart 000, 15A NCAC 02D.0501(c)(8)and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s)given in 60.672(b)and(c). If compliance for the affected facility cannot be demonstrated,then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D.0524,OR ii. observation of an individual affected facility enclosed in the building: (A) After the initial performance test required under 40 CFR 60.670,the Permittee shall observe each individual affected facility enclosed in the building each month for any visible emissions which exceed"normal". In the event normal must be reestablished,the Permittee shall establish"normal"emissions by observing each week for 30 days the emissions from each enclosed affected facility or the building openings. Should monthly observed emissions of an enclosed affected facility exceed the established normal visible emissions for that affected facility,the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D.0524,UNLESS, (B) an approved Method 9 (or Method 22 if observing an affected facilities building enclosure) opacity determination meeting the requirements of 40 CFR 60.670 (Subpart 000, 15A NCAC 02D .0501(c)(8) and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s) given in 60.672(b) and (c). If compliance for the affected facility cannot be demonstrated, then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524. Recordkeeping[15A NCAC 02Q.0508(f)] d. Results of monitoring shall be maintained in a log(written or electronic form). The following shall be recorded in the log: i. the results of the Permittee's observation to establish normal; ii. the results of the Permittee's monthly building fugitive emissions observation or the monthly opacity emissions observations for each affected facility; iii. if option 2.1 D.1.c.ii.A. is followed, the observation to establish normal should be recorded for each affected facility within the building. iv. whether the observed emissions source was the building or each affected facility within the building, the date and time of each observation,and v. if any emissions were observed from the building or whether any emissions observed exceeded"normal",the time and any resulting action(s)taken to reduce emissions exceeding an applicable limit,and vi. the date, time, and type of all corrective actions performed to prevent such an exceedance from re-occurring and a copy of any Method 9 or Method 22 opacity testing performed for the purpose of demonstrating compliance with the applicable emissions limit(s). The Permittee shall be deemed in non-compliance with 2.1 D.I. a. if records of the monitoring results are not maintained. Reporting[15A NCAC 02Q.0508(f)] e. The Permittee shall submit a written summary report of the all monitoring and record keeping activities as follows: i. a report of any changes in existing facilities as specified in 40 CFR 60.676 - Reporting and record keeping, including equipment being replaced and the replacement equipment of affected facilities. This report shall be submitted to the Administrator as required. ii. a summary report of monitoring and record keeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. iii. a report of any noncomplying emissions for all emissions which exceed the"7 percent opacity visible emission" limit of 40 CFR 60.672(e) or the applicable opacity limit(s) of 40 CFR 60.672(a), (b) and (c) as established using Method 9 or 22 compliance demonstrations conducted on an affected facility or building,along with the determined cause of exceedance and the resulting corrective action taken. Permit 08179T09 Page 18 E. One loam/sawdust preparation area consisting of: One conveyor from loam/sawdust feeder to finish screens(ID No.LS-2); One loam screen(ID No.LS-3); One loam crusher(ID No.LS-4); One oversize return conveyor from LS-3(ID No.LS-5); One oversize return chute(ID No.LS-6); One fines conveyor belt under LS-3 to bunker belt conveyor(ID No.LS-7); One belt conveyor to bunker(ID No.LS-8); One storage bunker(ID No.LS-9); One sawdust screen(ID No.LS-10); One conveyor to storage bins(ID No.LS-11); and One oversize conveyor from sawdust screen(ID No.LS-12); The following provides a summary of limits and/or standards for the emission source(s)described above. Regulated Limits/Standards Applicable Regulation Pollutant visible emissions 7 percent opacity for stack emission sources, 15 percent 15A NCAC 02D .0524 opacity for crushers,or 10 percent opacity at each belt (40 CFR 60 Subpart 000) NSPS-000 conveyor and other affected facilities,OR 7 percent opacity from the building openings enclosing the affected facilities toxic air pollutants See Section 2.2(A)(2);State enforceable only 15A NCAC 02D.1100 See Section 2.2(A)(3);State-enforceable only 15A NCAC 02Q.0711 odors See Section 2.2(A)(1)-odorous emissions must be controlled; 15A NCAC 02D.1806 State-enforceable only 1. 15A NCAC 02D .0524: NSPS 40 CFR PART 60, SUBPART 000- STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING PLANTS. Emission Standard(s) [15A NCAC 02D .0524]. a. For the NSPS affected facilities within the building subject to a 10 or 15 percent opacity limit, the Permittee shall meet the requirements of this Subpart by demonstrating compliance with 40 CFR 60.672(c) from each individual affected facility OR by complying with the 40 CFR 60.672(e)limit of 7 percent opacity from the building openings. Additionally, the Permittee shall comply with all applicable provisions, notification, testing, reporting, record keeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS) as promulgated in 40 CFR Part 60.670, Subpart 000, including Subpart A"General Provisions." Testing [15A NCAC 02Q .0508(f)] b. Initial compliance or when subsequent additional testing is required, shall be in accordance with the requirements of 15A NCAC 02D .0524 (40 CFR 60.670, Subpart 000), 15A NCAC 02D .0501(c)(8) and (18) (requirements shall include indoor and contrasting background) and General Condition JJ, has been or will be performed when determining compliance of each individual affected facility with 40 CFR 60.672(a),(b)and(c)or Method 22 testing, in accordance with the requirements of 15A NCAC 02D .0524 (40 CFR 60.670 (Subpart 000), 15A NCAC 02D .0501(c)(8) and(18) and General Condition JJ,has been or will be performed when determining compliance with the 7 percent opacity standard of 40 CFR 60.672(e) for building openings. If test results exceed the applicable limit(s) as given in Section 2.1 E.1. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524. Monitoring(15A NCAC 02Q .0508(f)] c. Monitoring to ensure compliance with the applicable emissions standard(s)of 2.1 E.1.a. shall be performed by the Permittee as follows: i. observation of a building enclosure containing affected facilities: (A) observe the building containing the clay grinding plant each month for fugitive visible emissions. Should the observed visible emissions exceed 7 percent opacity,each affected facility enclosed in the building shall be deemed to be in noncompliance with 15A NCAC 02D .0524 UNLESS a compliance demonstration for Permit 08179T09 Page 19 each affected facility enclosed in the building is performed in accordance with the following; (B) an approved Method 9 opacity determination meeting the requirements of 40 CFR 60.670(Subpart 000, 15A NCAC 02D.0501(c)(8)and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s)given in 60.672(b) and(c). If compliance for the affected facility cannot be demonstrated,then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524,OR ii. observation of an individual affected facility enclosed in the building: (A) After the initial performance test required under 40 CFR 60.670,the Permittee shall observe each individual affected facility enclosed in the building each month for any visible emissions which exceed"normal". In the event normal must be reestablished,the Permittee shall establish"normal"emissions by observing each week for 30 days the emissions from each enclosed affected facility or the building openings. Should monthly observed emissions of an enclosed affected facility exceed the established normal visible emissions for that affected facility,the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D.0524,UNLESS, (B) an approved Method 9 (or Method 22 if observing an affected facilities building enclosure) opacity determination meeting the requirements of 40 CFR 60.670 (Subpart 000, 15A NCAC 02D .0501(c)(8) and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s) given in 60.672(b) and (c). If compliance for the affected facility cannot be demonstrated, then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524. Recordkeeping[15A NCAC 02Q .0508(f)] d. Results of monitoring shall be maintained in a log(written or electronic form). The following shall be recorded in the log: i. the results of the Permittee's observation to establish normal; ii. the results of the Permittee's monthly building fugitive emissions observation or the monthly opacity emissions observations for each affected facility; iii. if option 2.1 E.1.c.ii.A. is followed, the observation to establish normal should be recorded for each affected facility within the building. iv. whether the observed emissions source was the building or each affected facility within the building,the date and time of each observation,and v. if emissions were observed exceeding 7 percent opacity from the building or whether any emissions observed exceeded"normal",the time and any resulting action(s)taken to reduce emissions exceeding an applicable limit, and vi. the date, time, and type of all corrective actions performed to prevent such an exceedance from re-occurring and a copy of any Method 9 or Method 22 opacity testing performed for the purpose of demonstrating compliance with the applicable emissions limit(s). The Permittee shall be deemed in non-compliance with 2.1 E.1. a. if records of the monitoring results are not maintained. Reporting[15A NCAC 02Q .0508(f)] e. The Permittee shall submit a written summary report of the all monitoring and record keeping activities as follows: i. a report of any changes in existing facilities as specified in 40 CFR 60.676 - Reporting and record keeping, including equipment being replaced and the replacement equipment of affected facilities. This report shall be submitted to the Administrator as required. ii. a summary report of monitoring and record keeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. iii. a report of any noncomplying emissions for all emissions which exceed the 7 percent opacity limit of 40 CFR 60.672(e)or the applicable opacity limit(s)of 40 CFR 60.672(a),(b)and(c)as established using Method 9 or 22 compliance demonstrations conducted on an affected facility or building, along with the determined cause of exceedance and the resulting corrective action taken. Permit 08179T09 Page 20 F. Four above ground storage tanks including: One 24,000 gallon above ground No.6 fuel oil storage tank(ID No.T-1); Two 24,000 gallon above ground No.2 fuel oil storage tanks(ID Nos.T-2 and T-3); One 24,000 gallon above ground highway diesel fuel oil storage tank(ID No.T-4); and One 24,000 gallon above ground Additive"A"storage tank(ID No.T-5) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant N/A recordkeeping-dimension and capacity of storage vessel 15A NCAC 02D.0524 (40 CFR 60 Subpart Kb) NSPS-Kb 1. 15A NCAC 02D.0524: NEW SOURCE PERFORMANCE STANDARDS(40 CFR PART 60 SUBPART Kb) Recordkeeping[15A NCAC 02Q .0508(f)] a. The Permittee shall comply with the recordkeeping requirements of this standard by maintaining readily accessible records showing the dimension of the storage vessel and an analysis showing the capacity of the storage vessel. All records shall be kept for the life of the source. These sources are exempt from the General Provisions(40 CFR Part 60, Subpart A)and from any other provisions of Subpart Kb. G. One NSPS Subpart 000-affected secondary clay grinding plant consisting of: One conveyor belt to scalping screen(ID No.CG-30); One scalping screen(ID No.CG-31); One return conveyor belt for oversize from screens(ID No.CG-32); One conveyor belt to hammer mill(ID No.CG-33); One hammer mill(ID No.CG-34); One conveyor belt under hammer mill(ID No.CG-35); One conveyor belt to finish screens(ID No.CG-36); Four finish screens(ID Nos.CG-37*,CG-38*,CG-39*and CG-40); One fines conveyor belt under screens(ID No.CG-41); One conveyor belt to storage bins(ID No.CG-42); One conveyor belt over storage bins(ID No.CG-43); Five storage bins(ID Nos.CG-44,CG-45,CG-46,CG-47 and CG-48) Five feeders under storage bins(ID Nos.CG-49,CG-50,CG-51,CG-52 and CG-53); One conveyor in front of storage bins(ID No.CG-54); and One conveyor to pug mill(ID No.CG-55); The following provides a summary of limits and/or standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant visible 7 percent opacity for stack emission sources, 15 percent opacity for 15A NCAC 02D .0524 emissions crushers,or 10 percent opacity at each belt conveyor and other (40 CFR 60 Subpart 000) affected facilities,OR 7 percent opacity from the building openings NSPS-000 enclosing the affected facilities odors See Section 2.2 (A)(1)-odorous emissions must be controlled;State- 15A NCAC 02D .1806 enforceable only Permit 08179T09 Page 21 1. 15A NCAC 02D .0524: NSPS 40 CFR PART 60, SUBPART 000- STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING PLANTS. Emission Standard(s) [15A NCAC 02D.0524] a. For the NSPS affected facilities within the building subject to a 10 or 15 percent opacity limit, the Permittee shall meet the requirements of this Subpart by demonstrating compliance with 40 CFR 60.672(c) from each individual affected facility OR by complying with the 40 CFR 60.672(e)limit of 7 percent opacity from the building openings. Additionally, the Permittee shall comply with all applicable provisions, notification, testing, reporting, record keeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS) as promulgated in 40 CFR Part 60.670, Subpart 000, including Subpart A"General Provisions." Testing [15A NCAC 02D.0501(c)(3)] b. Initial compliance or when subsequent additional testing is required, shall be in accordance with the requirements of 15A NCAC 02D .0524 (40 CFR 60.670, Subpart 000), 15A NCAC 02D .0501(c)(8) and (18) (requirements shall include indoor and contrasting background) and General Condition JJ, has been or will be performed when determining compliance of each individual affected facility with 40 CFR 60.672(a), (b) and (c) OR Method 22 testing,in accordance with the requirements of 15A NCAC 02D.0524(40 CFR 60.670(Subpart 000), 15A NCAC 02D .0501(c)(8) and (18) and General Condition JJ, has been or will be performed when determining compliance with the 7 percent opacity standard of 40 CFR 60.672(e) from the building openings. If test results exceed the applicable limit(s)as given in Section 2.1 G.1. a.above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524. Monitoring [15A NCAC 02Q .0508(f)] c. Monitoring to ensure compliance with the applicable emissions standard(s)of 2.1 G.1.a.shall be performed by the Permittee as follows: i. observation of a building enclosure containing affected facilities: (A) observe the building containing the clay grinding plant each month for fugitive visible emissions exceeding the 7 percent opacity limit. Should the observed visible emissions exceed 7 percent opacity,each affected facility enclosed in the building shall be deemed to be in noncompliance with 15A NCAC 02D .0524— UNLESS a compliance demonstration for each affected facility enclosed in the building is performed in accordance with the following; (B) an approved Method 9 opacity determination meeting the requirements of 40 CFR 60.670(Subpart 000, 15A NCAC 02D.050I(c)(8)and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s)given in 60.672(b)and(c). If compliance for the affected facility cannot be demonstrated,then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524,OR ii. observation of an individual affected facility enclosed in the building: (A) After the initial performance test required under 40 CFR 60.670,the Permittee shall observe each individual affected facility enclosed in the building each month for visible emissions which exceed"normal". In the event normal must be reestablished, the Permittee shall establish "normal" emissions by observing each week for 30 days the emissions from each enclosed affected facility or the building openings. Should monthly observed emissions of an enclosed affected facility exceed the established normal visible emissions for that affected facility,the Permittee shall be deemed to be in noncompliance with 15A NCAC 02D .0524,UNLESS, (B) an approved Method 9 (or Method 22 if observing an affected facilities building enclosure) opacity determination meeting the requirements of 40 CFR 60.670 (Subpart 000, 15A NCAC 02D .0501(c)(8) and(18)is performed for each enclosed affected facility and visible emissions are demonstrated to comply with the applicable limit(s) given in 60.672(b) and(c). If compliance for the affected facility cannot be demonstrated, then the affected facility shall be deemed to be in noncompliance with 15A NCAC 02D .0524. Recordkeeping[15A NCAC 02Q .0508(f)] d. Results of monitoring shall be maintained in a log(written or electronic form). The following shall be recorded in the log: i. the results of the Permittee's observation to establish normal; ii. the results of the Permittee's monthly building fugitive emissions observation or the monthly opacity emissions observations for each affected facility; iii. if option 2.1 G.1.c.ii.A. is followed, the observation to establish normal should be recorded for each affected facility within the building. Permit 08179T09 Page 22 iv. whether the observed emissions source was the building or each affected facility within the building, the date and time of each observation,and v. if any emissions were observed from the building or whether any emissions observed exceeded"normal", the time and any resulting action(s)taken to reduce emissions exceeding an applicable limit,and vi. the date, time, and type of all corrective actions performed to prevent such an exceedance from re-occurring and a copy of any Method 9 or Method 22 opacity testing performed for the purpose of demonstrating compliance with the applicable emissions limit(s). The Permittee shall be deemed in non-compliance with 2.1 G.I. a. if records of the monitoring results are not maintained. Reporting[15A NCAC 02Q.0508(f)] e. The Permittee shall submit a written summary report of the all monitoring and record keeping activities as follows: i. a report of any changes in existing facilities as specified in 40 CFR 60.676 - Reporting and record keeping, including equipment being replaced and the replacement equipment of affected facilities. This report shall be submitted to the Administrator as required. ii. a summary report of monitoring and record keeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. iii. a report of any noncomplying emissions for all emissions which exceed the"7 percent opacity visible emission" limit of 40 CFR 60.672(e) or the applicable opacity limit(s) of 40 CFR 60.672(a), (b) and (c) as established using Method 9 or 22 compliance demonstrations conducted on an affected facility or building,along with the determined cause of exceedance and the resulting corrective action taken. f. NSPS Reporting Requirements-In addition to any other notification requirements to the Environmental Protection Agency(EPA),the Permittee is required to NOTIFY the Regional Supervisor,DAQ,in WRITING,of the following: i. The date construction (40 CFR 60.7) or reconstruction (40 CFR 60.15) of an affected facility is commenced, postmarked no later than 30 days after such date;and ii. The actual date of initial start-up of an affected facility,postmarked within 15 days after such date. (A) for a combination of affected facilities in a production line that begin actual initial start-up on the same day, a single notification of startup may be submitted by the Permittee to the Regional Supervisor. The notification shall be postmarked within 15 days after such date and shall include a description of each affected facility,equipment manufacturer,an d serial number of the equipment,if available. 2.2- Multiple Emission Source(s) Specific Limitations and Conditions A. Facility-wide affected sources The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant odors Odorous emissions must be controlled; State-enforceable 15A NCAC 02D.1806 only toxic air pollutants Toxic air pollutant emissions shall not exceed the levels listed 15A NCAC 02Q.0711 in 02Q .0711 unless ambient standards are not exceeded; State-enforceable only Toxic air pollutant emissions shall not exceed their modeled 15A NCAC 02D.1100 acceptable ambient levels; State-enforceable only STATE-ENFORCEABLE ONLY 1. 15A NCAC 02D.1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS a. The Permittee shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary. b. If the Director determines that a source or facility is emitting an objectionable odor, by the procedures described below,the Permittee shall: i. within 180 days of receipt of written notification from the Director of the requirement to implement maximum feasible controls, complete the determination process outlined in 15A NCAC 02D .1807 and submit to the Director a completed maximum feasible control determination process, a permit application for maximum Permit 08179T09 Page 23 feasible controls and a compliance schedule; ii. within 18 months of receipt of written notification from the Director of the requirement to implement maximum feasible controls,have installed and begun operating maximum feasible controls. STATE-ENFORCEABLE ONLY 2. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REQUIREMENT - Pursuant to 15A NCAC 02D .1100 and in accordance with the approved application for an air toxic compliance demonstration,the following permit limits shall not be exceeded: EMISSION SOURCE(S) TOXIC AIR POLLUTANT(S) EMISSION LIMIT(S) Two Brick Tunnel Kilns Arsenic and inorganic arsenic 14.8 pounds per year(annual) (ID Nos.K-1 and K-2) compounds Benzene 1470 pounds per year(annual) Benzo(a)pyrene(POM) 17.5 pounds per year(annual) Beryllium 2.09 pounds per year(annual) bioavailable chromate pigments,as 2.25 pounds per year(annual) Chromium VI equivalent Cadmium 11.2 pounds per year(annual) Chlorine 1.81 pounds per day(24-hour) Hydrogen Chloride 9.16 pounds per hour Hydrogen Fluoride 144 pounds per day(24-hour) 6.0 pounds per hour Mercury aryl and inorganic 0.020 pounds per day(24-hour) compounds Nickel metal 0.475 pounds per day(24-hour) a. To ensure compliance with the above limits,the following restrictions shall apply: i. The brick tunnel kiln(ID No.K-1)shall be limited to 58,000 pounds of clay brick and additives per hour. The limits for hydrogen chloride (HCl) and hydrogen fluoride (HF) were based on the on-site emission test results of 0.26 pounds HCl per ton of clay bricks and additives and 0.15 pounds of HF per ton of clay bricks and additives for brick tunnel kiln(ID No.K-1). ii. The brick tunnel kiln(ID No.K-2)shall be limited to 58,000 pounds of clay brick and additives per hour. The limits for HCl and HF were based on the emission standards for HCl(0.056 pounds of HCl per ton of fired product)and HF(0.057 pounds of HF per ton of fired product). b. For compliance purposes,within thirty(30)days after each calendar year quarter,the following shall be reported to the Regional Supervisor,Division of Air Quality: i. The maximum amount of materials(clay brick and additives)processed per hour through the respective brick tunnel kilns during the previous quarter. c. The Permittee shall maintain records of production rates, throughputs, material usages, and/or other process operational information. The records shall be maintained for a minimum of three years from the date of recording. d. The DAQ reserves the right to require in the future that the Permittee perform periodic sampling and analysis of clay and shales used at the facility for determination of hydrogen fluoride concentration. e. The Permittee shall notify the Regional Supervisor,Division of Air Quality,within 30 days of initial start-up of the use of any clay used at the facility for determination of hydrogen fluoride concentration. e. The Permittee shall notify the Regional Supervisor,Division of Air Quality,within 30 days of initial start-up of the use of any clay or shales received from the new source (supplier), and provide the analytical results of hydrogen fluoride concentration within 30 days of such date. STATE-ENFORCEABLE ONLY 3. 15A NCAC 02Q.0711: "PERMIT REQUIREMENTS FOR TOXIC AIR POLLUTANTS" a. Pursuant to 15A NCAC 02Q .0711 "Emission Rates Requiring a Permit," for each of the below listed toxic air pollutants (TAPS), the Permittee has made a demonstration that facility-wide actual emissions do not exceed the Permit 08179T09 Page 24 Toxic Permit Emission Rates(TPERs)listed in 15A NCAC 02Q.0711. The facility shall be operated and maintained in such a manner that emissions of any listed TAPs from the facility, including fugitive emissions,will not exceed TPERs listed in 15A NCAC 02Q.0711. i. A permit to emit any of the below listed TAPs shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPERs. ii. PRIOR to exceeding any of these listed TPERs,the Permittee shall be responsible for obtaining a permit to emit TAPs and for demonstrating compliance with the requirements of 15A NCAC 02D.1100"Control of Toxic Air Pollutants". iii. In accordance with the approved application, the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPERs as listed below: TPERs Limitations Pollutant Carcinogens Chronic Toxicants Acute Systemic Acute Irritants (CAS Number) (lb/yr) (lb/day) Toxicants(lb/hr) (lb/hr) carbon disulfide(75-15-0) 3.9 p-dichlorobenzene(106-46-7) 16.8 fluorides 0.34 0.064 formaldehyde(50-00-0) 0.04 manganese and compounds 0.63 1,1,1 trichloroethane(methyl 250 64 chloroform)(71-55-6) methyl ethyl ketone(78-93-3) 78 22.4 methyl isobutyl ketone 52 7.6 (108-10-1) perchloroethylene(127-18-4) 13,000 phenol(108-95-2) 0.24 styrene(100-42-5) 2.7 toluene(108-89-3) 98 14.4 xylene(1330-20-7) 57 16.4 Permit 08179T09 Page 25 B. Facility-wide affected sources,primarily one natural gas/No. 2 fuel oil/No. 6 fuel oil-fired Brick Tunnel Kiln (42.8 million Btu per hour maximum permitted heat input, ID No. K-1) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Pollutant Limits/Standards Applicable Regulation sulfur dioxide Less than 250 tons per year 15A NCAC 02Q.0317 (Avoidance of 02D.0530) 15A NCAC 02Q.0317: AVOIDANCE CONDITION for 1. 15A NCAC 02D.0530:PREVENTION OF SIGNIFICANT DETERIORATION a. In order to avoid applicability of 15A NCAC 02D.0530(g)for major sources and major modifications,the natural gas/No.2 fuel oil-fired/No. 6 fuel oil-fired brick tunnel kiln(ID No.K-1)shall discharge into the atmosphere less than 250 tons of sulfur dioxide total,per consecutive 12-month period. [15A NCAC 02D .0530] Testing[15A NCAC 02Q.0508(f)] b. If emissions testing is required,the Permittee shall perform such testing in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.2 B.La,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0530. Operations Restrictions c. To ensure emissions do not exceed the limitation above,the following restrictions shall apply: i. The amount of No. 6 fuel oil burned shall be limited to 920,000 gallons per year,and the sulfur content of the No. 6 fuel oil shall not exceed 2.1 percent by weight while using No. 6 fuel oil in the non-preheat section of the kiln and No.2 fuel oil in the preheat section of the kiln; otherwise,if a combination of fuels is used in the kiln,then the sulfur dioxide emissions shall be calculated using the formula below. ii. The brick tunnel kiln(ID No.K-1)shall be limited to a production rate of 58,000 pounds per hour. Monitoring/Recordkeeping[15A NCAC 02Q.0508(f)] d. The Permittee shall keep monthly records of the amount of fuel used and the sulfur content,including certification of the fuel,in a logbook(written or in electronic format). The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if the sulfur content of the fuel is not monitored. e. The sulfur dioxide emissions from kiln(ID No.K-1)shall not exceed 250 tons for any consecutive 12-month period. Calculations shall be made monthly and recorded in a logbook(written or in electronic format),according to the following formula: A=T x 0.3 lbs S02 + X x 0.6 lbs S02 + Y x 1421bs S02 x S i + Z x 157 lbs S02 x S2 tons brick mni cu ft 1000 gal No. 2 fuel 1000 gal No. 6 fuel Where: A is the total actual emissions of sulfur dioxide in pounds T is the total number of tons of bricks produced X is the total amount of natural gas used in the kiln in million cubic feet Y is the amount of No.2 fuel oil used in the kiln in gallons Z is the amount of No. 6 fuel oil used in the kiln in gallons S 1 is the percent sulfur in the No.2 fuel oil S2 is the percent sulfur in the No.6 fuel oil The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if the above records are not kept or if the sulfur dioxide emissions exceed the limit in Section 2.2(13)(1)(a). Reporting[15A NCAC 02Q.0508(f)] f. The Permittee shall submit a quarterly summary report,acceptable to the Regional Air Quality Supervisor,of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding three-month period between October and December,April 30 of each calendar year for the preceding three-month period between January and March,July 30 of each calendar year for the preceding three-month period between April and June,and October 30 of each calendar year for the preceding three-month period between July and September. The report shall contain the following: i. The monthly sulfur dioxide emissions for the previous 14 months. The emissions must be calculated for each Permit 08179T09 Page 26 of the 12-month periods over the previous 14 months;and ii. The monthly quantities of natural gas,No.2 fuel oil and No.6 fuel oil consumed for the previous 14 months. g. To ensure compliance with 02D .0530,the Permittee shall monitor the sulfur content of the No. 6 fuel oil by using fuel oil supplier certification per shipment received. The results of the fuel oil supplier certifications shall be recorded in a log(written or electronic format)on a quarterly basis and include the following information: i. the name of the fuel oil supplier; ii. the maximum sulfur content of the No. 6 fuel oil received during the quarter; iii. the method used to determine the maximum sulfur content of the No. 6 fuel oil;and iv. a certified statement signed by the responsible official that the records of fuel oil supplier certification submitted represent all of the No. 6 fuel oil fired during the period. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if the sulfur content of the No. 6 fuel oil is not monitored and recorded. C. One natural gas/No. 2 fuel oil/No. 6 fuel oil-fired Brick Tunnel Kiln (42.8 million Btu per hour maximum permitted heat input, ID No. K-2) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Pollutant Limits/Standards Applicable Regulation sulfur dioxide Less than 250 tons per year 15A NCAC 02Q .0317 (Avoidance of 02D .0530) 15A NCAC 02Q.0317:AVOIDANCE CONDITIONS for 1. 15A NCAC 02D.0530: PREVENTION OF SIGNIFICANT DETERIORATION a. In order to avoid applicability of 15A NCAC 02D.0530(g)for major sources and major modifications,the natural gas/No.2 fuel oil-fired/No. 6 fuel oil-fired brick tunnel kiln(ID No.K-2)shall discharge into the atmosphere less than 250 tons of sulfur dioxide total,per consecutive 12-month period. [15A NCAC 02D .0530] Testing[15ANCAC 02Q.0508(f)] b. If emissions testing is required,the Permittee shall perform such testing in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.2 C.La,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530. Monitoring/Recordkeeping[15A NCAC 02Q .0508(f)] c. The Permittee shall keep monthly records of the amount of fuel used and the sulfur content,including certification of the fuel,in a logbook(written or in electronic format). The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if the sulfur content of the fuel is not monitored. d. The sulfur dioxide emissions from kiln(ID No.K-2)shall not exceed 250 tons for any consecutive 12-month period. Calculations shall be made monthly and recorded in a logbook(written or in electronic format),according to the following formula: A=T x 0.3 Ibs S02 + X x 0.6 Ibs S02 + Y x 1421bs S02 x S i + Z x 1571bs S02 x S2 tons brick mm cu ft 1000 gal No.2 fuel 1000 gal No. 6 fuel Where: A is the total actual emissions of sulfur dioxide in pounds T is the total number of tons of bricks produced X is the total amount of natural gas used in the kiln in million cubic feet Y is the amount of No.2 fuel oil used in the kiln in gallons Z is the amount of No.6 fuel oil used in the kiln in gallons Si is the percent sulfur in the No.2 fuel oil S2 is the percent sulfur in the No. 6 fuel oil The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if the above records are not kept or if the sulfur dioxide emissions exceed the limit in Section 2.2(C)(1)(a). Reporting(I5A NCAC 02Q.0508(f)] e. The Permittee shall submit a semi-annual summary report,acceptable to the Regional Air Quality Supervisor,of Permit 08179T09 Page 27 monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December,and July 30 of each calendar year for the preceding six- month period between January and June. The report shall contain the following: i. The monthly sulfur dioxide emissions for the previous 17 months.The emissions must be calculated for each of the 12-month periods over the previous 17 months; and ii. The monthly quantities of natural gas,No.2 fuel oil and No. 6 fuel oil consumed for the previous 17 months. SECTION 3 - GENERAL CONDITIONS (version 4.012/17/15) This section describes terms and conditions applicable to this Title V facility. A. General Provisions[NCGS 143-215 and 15A NCAC 02Q.0508(i)(16)] 1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 02D and 02Q. 2. The terms,conditions,requirements,limitations,and restrictions set forth in this permit are binding and enforceable pursuant to NCGS 143-215.114A and 143-215.114B,including assessment of civil and/or criminal penalties.Any unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement action by the DAQ. 3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the facility which are not addressed in this permit. 4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare,animal or plant life,or property caused by the construction or operation of this permitted facility,or from penalties therefore, nor does it allow the Permittee to cause pollution in contravention of state laws or rules,unless specifically authorized by an order from the North Carolina Environmental Management Commission. 5. Except as identified as state-only requirements in this permit,all terms and conditions contained herein shall be enforceable by the DAQ,the EPA,and citizens of the United States as defined in the Federal Clean Air Act. 6. Any stationary source of air pollution shall not be operated,maintained,or modified without the appropriate and valid permits issued by the DAQ,unless the source is exempted by rule. The DAQ may issue a permit only after it receives reasonable assurance that the installation will not cause air pollution in violation of any of the applicable requirements. A permitted installation may only be operated,maintained,constructed,expanded,or modified in a manner that is consistent with the terms of this permit. B. Permit Availability[15A NCAC 02Q.0507(k)and.0508(i)(9)(B)] The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of the permit term one complete copy of the application and any information submitted in support of the application package. The permit and application shall be made available to an authorized representative of Department of Environmental Quality upon request. C. Severability Clause[15A NCAC 02Q.0508(i)(2)] In the event of an administrative challenge to a final and binding permit in which a condition is held to be invalid,the provisions in this permit are severable so that all requirements contained in the permit,except those held to be invalid, shall remain valid and must be complied with. D. Submissions[15ANCAC 02Q.0507(e)and 02Q.0508(i)(16)] Except as otherwise specified herein,two copies of all documents,reports,test data,monitoring data,notifications, request for renewal,and any other information required by this permit shall be submitted to the appropriate Regional Office. Refer to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems(CEMS)reports,continuous opacity monitoring systems(COMS)reports,quality assurance(QA)/quality control (QC)reports,acid rain CEM certification reports,and NOx budget CEM certification reports,one copy shall be sent to the appropriate Regional Office and one copy shall be sent to: Supervisor,Stationary Source Compliance North Carolina Division of Air Quality 1641 Mail Service Center Raleigh,NC 27699-1641 All submittals shall include the facility name and Facility ID number(refer to the cover page of this permit). Permit 08179T09 Page 28 E. Duty to Comply[15A NCAC 02Q.0508(i)(3)] The Permittee shall comply with all terms,conditions,requirements,limitations and restrictions set forth in this permit. Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation of the Federal Clean Air Act. Noncompliance with any permit condition is grounds for enforcement action,for permit termination,revocation and reissuance,or modification,or for denial of a permit renewal application. F. Circumvention-STATE ENFORCEABLE ONLY The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit,no emission source may be operated without the concurrent operation of its associated air pollution control device(s)and appurtenances. G. Permit Modifications 1. Administrative Permit Amendments[15A NCAC 02Q.0514] The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 02Q.0514. 2. Transfer in Ownership or Operation and Application Submittal Content[15A NCAC 02Q.0524 and 02Q.0505] The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 02Q.0524 and 02Q.0505. 3. Minor Permit Modifications[15A NCAC 02Q.0515] The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 02Q.0515. 4. Significant Permit Modifications[15A NCAC 02Q.0516] The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 02Q .0516. 5. Reopening for Cause[15A NCAC 02Q.0517] The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 02Q.0517. H. Chanizes Not Requiring Permit Modifications 1. Reporting Requirements Any of the following that would result in new or increased emissions from the emission source(s)listed in Section 1 must be reported to the Regional Supervisor,DAQ: a. changes in the information submitted in the application; b. changes that modify equipment or processes;or c. changes in the quantity or quality of materials processed. If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 2. Section 502(b)(10)Changes[15A NCAC 02Q.0523(a)] a. "Section 502(b)(10)changes"means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring(including test methods),recordkeeping,reporting,or compliance certification requirements. b. The Permittee may make Section 502(b)(10)changes without having the permit revised if: i. the changes are not a modification under Title I of the Federal Clean Air Act; ii. the changes do not cause the allowable emissions under the permit to be exceeded; iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is made;and iv. the Permittee shall attach the notice to the relevant permit. c. The written notification shall include: i. a description of the change; ii. the date on which the change will occur; iii. any change in emissions;and iv. any permit term or condition that is no longer applicable as a result of the change. d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised or renewed, whichever comes first. 3. Off Permit Changes[15A NCAC 02Q.0523(b)] The Permittee may make changes in the operation or emissions without revising the permit if a. the change affects only insignificant activities and the activities remain insignificant after the change;or b. the change is not covered under any applicable requirement. Permit 08179T09 Page 29 4. Emissions Trading[15A NCAC 02Q.0523(c)] To the extent that emissions trading is allowed under 15A NCAC 02D,including subsequently adopted maximum achievable control technology standards,emissions trading shall be allowed without permit revision pursuant to 15A NCAC 02Q.0523(c). LA Reporting Requirements for Excess Emissions and Permit Deviations[15A NCAC 02D.0535(o and 02Q .0508(f)(2)] "Excess Emissions"-means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in Sections.0500,.0900,.1200,or.1400 of Subchapter 0213;or by a permit condition;or that exceeds an emission limit established in a permit issued under 15A NCAC 02Q.0700. (Note:Definitions of excess emissions under 02D.1110 and 02D.I I I I shall apply where defined by rule.) "Deviations"-for the purposes of this condition,any action or condition not in accordance with the terms and conditions of this permit including those attributable to upset conditions as well as excess emissions as defined above lasting less than four hours. Excess Emissions 1. If a source is required to report excess emissions under NSPS(15A NCAC 02D.0524),NESHAPS(15A NCAC 02D .1110 or.I 111),or the operating permit provides for periodic(e.g.,quarterly)reporting of excess emissions,reporting shall be performed as prescribed therein. 2. If the source is not subject to NSPS(15A NCAC 02D.0524),NESHAPS(15A NCAC 02D.I 110 or.1111),or these rules do NOT define"excess emissions,"the Permittee shall report excess emissions in accordance with 15A NCAC 02D.0535 as follows: a. Pursuant to 15A NCAC 02D.0535,if excess emissions last for more than four hours resulting from a malfunction,a breakdown of process or control equipment,or any other abnormal condition,the owner or operator shall: i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m.Eastern Time of the Division's next business day of becoming aware of the occurrence and provide: • name and location of the facility; • nature and cause of the malfunction or breakdown; • time when the malfunction or breakdown is first observed; • expected duration;and • estimated rate of emissions; ii. notify the Regional Supervisor or Director immediately when corrective measures have been accomplished; and iii. submit to the Regional Supervisor or Director within 15 days a written report as described in 15A NCAC 02D.0535(f)(3). Permit Deviations 3. Pursuant to 15A NCAC 02Q.0508(0(2),the Permittee shall report deviations from permit requirements(terms and conditions)as follows: a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A NCAC 02D.0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of such deviation and any corrective actions or preventative actions taken. The responsible official shall certify all deviations from permit requirements. LB Other Requirements under 15A NCAC 02D.0535 The Permittee shall comply with all other applicable requirements contained in 15A NCAC 02D.0535,including 15A NCAC 02D.0535(c)as follows: 1. Any excess emissions that do not occur during start-up and shut-down shall be considered a violation of the appropriate rule unless the owner or operator of the sources demonstrates to the Director,that the excess emissions are a result of a malfunction. The Director shall consider,along with any other pertinent information,the criteria contained in 15A NCAC 02D.0535(c)(1)through(7). 2. 15A NCAC 02D.0535(g). Excess emissions during start-up and shut-down shall be considered a violation of the appropriate rule if the owner or operator cannot demonstrate that excess emissions are unavoidable. J. Emerizency Provisions[40 CFR 70.6(g)] The Permittee shall be subject to the following provisions with respect to emergencies: 1. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility,including acts of God,which situation requires immediate corrective action to restore normal operation, Permit 08179T09 Page 30 and that causes the facility to exceed a technology-based emission limitation under the permit,due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment,lack of preventive maintenance,careless or improper operation,or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions specified in 3.below are met. 3. The affirmative defense of emergency shall be demonstrated through properly signed contemporaneous operating logs or other relevant evidence that include information as follows: a. an emergency occurred and the Permittee can identify the cause(s)of the emergency; b. the permitted facility was at the time being properly operated; c. during the period of the emergency the Permittee took all reasonable steps to minimize levels of emissions that exceeded the standards or other requirements in the permit;and d. the Permittee submitted notice of the emergency to the DAQ within two working days of the time when emission limitations were exceeded due to the emergency. This notice must contain a description of the emergency,steps taken to mitigate emissions,and corrective actions taken. 4. In any enforcement proceeding,the Permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement specified elsewhere herein. K. Permit Renewal[I5A NCAC 02Q.0508(e)and 02Q.0513(b)] This 15A NCAC 02Q.0500 permit is issued for a fixed term not to exceed five years and shall expire at the end of its term. Permit expiration terminates the facility's right to operate unless a complete 15A NCAC 02Q.0500 renewal application is submitted at least nine months before the date of permit expiration. If the Permittee or applicant has complied with 15A NCAC 02Q.0512(b)(1),this 15A NCAC 02Q.0500 permit shall not expire until the renewal permit has been issued or denied. Permit expiration under 15A NCAC 02Q.0400 terminates the facility's right to operate unless a complete 15A NCAC 02Q.0400 renewal application is submitted at least six months before the date of permit expiration for facilities subject to 15A NCAC 02Q.0400 requirements. In either of these events,all terms and conditions of these permits shall remain in effect until the renewal permits have been issued or denied. L. Need to Halt or Reduce Activity Not a Defense[15A NCAC 02Q.0508(i)(4)] It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. M. Duty to Provide Information(submittal of information)[15A NCAC 02Q.0508(i)(9)] 1. The Permittee shall furnish to the DAQ,in a timely manner,any reasonable information that the Director may request in writing to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit or to determine compliance with the permit. 2. The Permittee shall furnish the DAQ copies of records required to be kept by the permit when such copies are requested by the Director.For information claimed to be confidential,the Permittee may furnish such records directly to the EPA upon request along with a claim of confidentiality. N. Duty to Supplement[I5A NCAC 02Q.0507(f)] The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit application,shall promptly submit such supplementary facts or corrected information to the DAQ. The Permittee shall also provide additional information as necessary to address any requirement that becomes applicable to the facility after the date a complete permit application was submitted but prior to the release of the draft permit. O. Retention of Records[I5A NCAC 02Q.0508(f)and 02Q.0508(1)] The Permittee shall retain records of all required monitoring data and supporting information for a period of at least five years from the date of the monitoring sample,measurement,report,or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring information,and copies of all reports required by the permit. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. P. Compliance Certification[I5A NCAC 02Q.0508(n)] The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsyth Street SW,Atlanta,GA 30303)postmarked on or before March 1 a compliance certification(for the preceding calendar year)by a responsible official with all federally-enforceable terms and conditions in the permit,including emissions Permit 08179T09 Page 31 limitations,standards,or work practices. It shall be the responsibility of the current owner to submit a compliance certification for the entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional requirements as may be specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act. The compliance certification shall specify: 1. the identification of each term or condition of the permit that is the basis of the certification; 2. the compliance status(with the terms and conditions of the permit for the period covered by the certification); 3. whether compliance was continuous or intermittent;and 4. the method(s)used for determining the compliance status of the source during the certification period. Q. Certification by Responsible Official[15A NCAC 02Q.0520] A responsible official shall certify the truth,accuracy,and completeness of any application form,report,or compliance certification required by this permit. All certifications shall state that based on information and belief formed after reasonable inquiry,the statements and information in the document are true,accurate,and complete. R. Permit Shield for Applicable Rea uirements[15A NCAC 02Q.0512] 1. Compliance with the terms and conditions of this permit shall be deemed compliance with applicable requirements, where such applicable requirements are included and specifically identified in the permit as of the date of permit issuance. 2. A permit shield shall not alter or affect: a. the power of the Commission,Secretary of the Department,or Governor under NCGS 143-215.3(a)(12),or EPA under Section 303 of the Federal Clean Air Act; b. the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective date of the permit or at the time of permit issuance; c. the applicable requirements under Title IV;or d. the ability of the Director or the EPA under Section 114 of the Federal Clean Air Act to obtain information to determine compliance of the facility with its permit. 3. A permit shield does not apply to any change made at a facility that does not require a permit or permit revision made under 15A NCAC 02Q.0523. 4. A permit shield does not extend to minor permit modifications made under 15A NCAC 02Q.0515. S. Termination,Modification,and Revocation of the Permit[15A NCAC 02Q.0519] The Director may terminate,modify,or revoke and reissue this permit if: 1. the information contained in the application or presented in support thereof is determined to be incorrect; 2. the conditions under which the permit or permit renewal was granted have changed; 3. violations of conditions contained in the permit have occurred; 4. the EPA requests that the permit be revoked under 40 CFR 70.7(g)or 70.8(d);or 5. the Director finds that termination,modification,or revocation and reissuance of the permit is necessary to carry out the purpose of NCGS Chapter 143,Article 21B. T. InsiEnificant Activities[15A NCAC 02Q.0503] Because an emission source or activity is insignificant does not mean that the emission source or activity is exempted from any applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable requirement. The Permittee shall have available at the facility at all times and made available to an authorized representative upon request,documentation,including calculations,if necessary,to demonstrate that an emission source or activity is insignificant. U. Property Rights[15A NCAC 02Q.0508(i)(8)] This permit does not convey any property rights in either real or personal property or any exclusive privileges. V. Inspection and Entry[15A NCAC 02Q.0508(1)and NCGS 143-215.3(a)(2)] 1. Upon presentation of credentials and other documents as may be required by law,the Permittee shall allow the DAQ, or an authorized representative,to perform the following: a. enter the Permittee's premises where the permitted facility is located or emissions-related activity is conducted, or where records are kept under the conditions of the permit; b. have access to and copy,at reasonable times,any records that are required to be kept under the conditions of the permit; c. inspect at reasonable times and using reasonable safety practices any source,equipment(including monitoring and air pollution control equipment),practices,or operations regulated or required under the permit;and d. sample or monitor substances or parameters,using reasonable safety practices,for the purpose of assuring compliance with the permit or applicable requirements at reasonable times. Permit 08179T09 Page 32 Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the Permittee under Section 114 or other provisions of the Federal Clean Air Act. 2. No person shall refuse entry or access to any authorized representative of the DAQ who requests entry for purposes of inspection,and who presents appropriate credentials,nor shall any person obstruct,hamper,or interfere with any such authorized representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. W. Annual Fee Payment[15A NCAC 02Q.0508(i)(10)] 1. The Permittee shall pay all fees in accordance with 15A NCAC 02Q.0200. 2. Payment of fees may be by check or money order made payable to the N.C.Department of Environmental Quality. Annual permit fee payments shall refer to the permit number. 3. If,within 30 days after being billed,the Permittee fails to pay an annual fee,the Director may initiate action to terminate the permit under 15A NCAC 02Q.0519. X. Annual Emission Inventory Requirements[15A NCAC 02Q.0207] The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 02Q .0207(a)from each emission source within the facility during the previous calendar year. The report shall be in or on such form as may be established by the Director. The accuracy of the report shall be certified by a responsible official of the facility. Y. Confidential Information[15A NCAC 02Q.0107 and 02Q.0508(i)(9)] Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC 02Q.0107,the Permittee may also submit a copy of all such information and claim directly to the EPA upon request. All requests for confidentiality must be in accordance with 15A NCAC 02Q.0107. Z. Construction and Operation Permits[15A NCAC 02Q.0100 and.0300] A construction and operating permit shall be obtained by the Permittee for any proposed new or modified facility or emission source which is not exempted from having a permit prior to the beginning of construction or modification,in accordance with all applicable provisions of 15A NCAC 02Q.0100 and.0300. AA. Standard Application Form and Required Information[15A NCAC 02Q.0505 and.0507] The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 02Q .0505 and.0507. BB. Financial Responsibility and Compliance History[15A NCAC 02Q.0507(d)(4)] The DAQ may require an applicant to submit a statement of financial qualifications and/or a statement of substantial compliance history. CC. Refrigerant Requirements(Stratospheric Ozone and Climate Protection)[15A NCAC 02Q.0501(e)] 1. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment,which use Class I or II ozone-depleting substances such as chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82 Subpart A Appendices A and B,the Permittee shall service,repair,and maintain such equipment according to the work practices,personnel certification requirements,and certified recycling and recovery equipment specified in 40 CFR Part 82 Subpart F. 2. The Permittee shall not knowingly vent or otherwise release any Class I or II substance into the environment during the repair,servicing,maintenance,or disposal of any such device except as provided in 40 CFR Part 82 Subpart F. 3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR 82.166. Reports shall be submitted to the EPA or its designee as required. DD. Prevention of Accidental Releases-Section 112(r)[15A NCAC 02Q.0508(h)] If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to Section 112(r)of the Clean Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 68. EE. Prevention of Accidental Releases General Duty Clause-Section 112(r)(1)—FEDERALLY-ENFORCEABLE ONLY Although a risk management plan may not be required,if the Pennittee produces,processes,handles,or stores any amount of a listed hazardous substance,the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. Permit 08179T09 Page 33 FF. Title IV Allowances[15A NCAC 02Q.0508(i)(1)] This permit does not limit the number of Title IV allowances held by the Permittee,but the Permittee may not use allowances as a defense to noncompliance with any other applicable requirement. The Permittee's emissions may not exceed any allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act. GG. Air Pollution Emergency Episode[15A NCAC 02D.0300] Should the Director of the DAQ declare an Air Pollution Emergency Episode,the Permittee will be required to operate in accordance with the Permittee's previously approved Emission Reduction Plan or,in the absence of an approved plan, with the appropriate requirements specified in 15A NCAC 02D.0300. HH. Registration of Air Pollution Sources[15A NCAC 02D.0202] The Director of the DAQ may require the Permittee to register a source of air pollution. If the Permittee is required to register a source of air pollution,this registration and required information will be in accordance with 15A NCAC 02D .0202(b). II. Ambient Air Quality Standards[15A NCAC 02D.0501(c)] In addition to any control or manner of operation necessary to meet emission standards specified in this permit,any source of air pollution shall be operated with such control or in such manner that the source shall not cause the ambient air quality standards in 15A NCAC 02D.0400 to be exceeded at any point beyond the premises on which the source is located. When controls more stringent than named in the applicable emission standards in this permit are required to prevent violation of the ambient air quality standards or are required to create an offset,the permit shall contain a condition requiring these controls. JJ. General Emissions Testing and Reporting Requirements[15A NCAC 02Q.0508(i)(16)] Emission compliance testing shall be by the procedures of Section.2600,except as may be otherwise required in Rules .0524, .0912, .1110,.1111,or.1415 of Subchapter 02D.If emissions testing is required by this permit or the DAQ or if the Permittee submits emissions testing to the DAQ to demonstrate compliance,the Permittee shall perform such testing in accordance with 15A NCAC 02D.2600 and follow the procedures outlined below: 1. The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Director prior to air pollution testing.Testing protocols are not required to be pre-approved by the Director prior to air pollution testing. The Director shall review air emission testing protocols for pre-approval prior to testing if requested by the owner or operator at least 45 days before conducting the test. 2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify the Director at least 15 days before beginning the test so that the Director may at his option observe the test. 3. The owner or operator of the source shall arrange for controlling and measuring the production rates during the period of air testing.The owner or operator of the source shall ensure that the equipment or process being tested is operated at the production rate that best fulfills the purpose of the test.The individual conducting the emission test shall describe the procedures used to obtain accurate process data and include in the test report the average production rates determined during each testing period. 4. Two copies of the final air emission test report shall be submitted to the Director not later than 30 days after sample collection unless otherwise specified in the specific conditions. The owner or operator may request an extension to submit the final test report.The Director shall approve an extension request if he finds that the extension request is a result of actions beyond the control of the owner or operator. a. The Director shall make the final determination regarding any testing procedure deviation and the validity of the compliance test.The Director may: i. Allow deviations from a method specified under a rule in this Section if the owner or operator of the source being tested demonstrates to the satisfaction of the Director that the specified method is inappropriate for the source being tested. ii. Prescribe alternate test procedures on an individual basis when he finds that the alternative method is necessary to secure more reliable test data. iii. Prescribe or approve methods on an individual basis for sources or pollutants for which no test method is specified in this Section if the methods can be demonstrated to determine compliance of permitted emission sources or pollutants. b. The Director may authorize the Division of Air Quality to conduct independent tests of any source subject to a rule in this Subchapter to determine the compliance status of that source or to verify any test data submitted relating to that source.Any test conducted by the Division of Air Quality using the appropriate testing procedures described in Section 02D.2600 has precedence over all other tests. Permit 08179T09 Page 34 KK. Reopening for Cause[15A NCAC 02Q.0517] 1. A permit shall be reopened and revised under the following circumstances: a. additional applicable requirements become applicable to a facility with remaining permit term of three or more years; b. additional requirements(including excess emission requirements)become applicable to a source covered by Title IV; c. the Director or EPA finds that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit;or d. the Director or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements. 2. Any permit reopening shall be completed or a revised permit issued within 18 months after the applicable requirement is promulgated. No reopening is required if the effective date of the requirement is after the expiration of the permit term unless the term of the permit was extended pursuant to 15A NCAC 02Q.0513(c). 3. Except for the state-enforceable only portion of the permit,the procedures set out in 15A NCAC 02Q.0507,.0521,or .0522 shall be followed to reissue the permit. If the State-enforceable only portion of the permit is reopened,the procedures in 15A NCAC 02Q.0300 shall be followed. The proceedings shall affect only those parts of the permit for which cause to reopen exists. 4. The Director shall notify the Permittee at least 60 days in advance of the date that the permit is to be reopened,except in cases of imminent threat to public health or safety the notification period may be less than 60 days. 5. Within 90 days,or 180 days if the EPA extends the response period,after receiving notification from the EPA that a permit needs to be terminated,modified,or revoked and reissued,the Director shall send to the EPA a proposed determination of termination,modification,or revocation and reissuance,as appropriate. LL. Reporting Requirements for Non-Operating Equipment[15A NCAC 02Q.0508(i)(16)] The Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from and placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the permit shall be implemented within the monitoring period. MM.Fugitive Dust Control Requirement[15A NCAC 02D.0540]-STATE ENFORCEABLE ONLY As required by 15A NCAC 02D.0540"Particulates from Fugitive Dust Emission Sources,"the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary.If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour(using Reference Method 22 in 40 CFR,Appendix A),the owner or operator may be required to submit a fugitive dust plan as described in 02D.0540(f). "Fugitive dust emissions"means particulate matter from process operations that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as:unloading and loading areas,process areas stockpiles,stock pile working,plant parking lots,and plant roads(including access roads and haul roads). NN.Specific Permit Modifications[15A NCAC 02Q.0501 and.0523] 1. For modifications made pursuant to 15A NCAC 02Q.0501(c)(2),the Permittee shall file a Title V Air Quality Permit Application for the air emission source(s)and associated air pollution control device(s)on or before 12 months after commencing operation. 2. For modifications made pursuant to 15A NCAC 02Q.0501(d)(2),the Permittee shall not begin operation of the air emission source(s)and associated air pollution control device(s)until a Title V Air Quality Permit Application is filed and a construction and operation permit following the procedures of Section.0500(except for Rule .0504 of this Section) is obtained. 3. For modifications made pursuant to 502(b)(10),in accordance with 15A NCAC 02Q.0523(a)(1)(C),the Permittee shall notify the Director and EPA(EPA-Air Planning Branch,61 Forsyth Street SW,Atlanta,GA 30303)in writing at least seven days before the change is made. The written notification shall include: a. a description of the change at the facility; b. the date on which the change will occur; c. any change in emissions;and d. any permit term or condition that is no longer applicable as a result of the change. In addition to this notification requirement,with the next significant modification or Air Quality Permit renewal,the Permittee shall submit a page"ES"of the application forms signed by the responsible official verifying that the application for the 502(b)(10)change/modification,is true,accurate,and complete. Further note that modifications made pursuant to 502(b)(10)do not relieve the Permittee from satisfying preconstruction requirements. Permit 08179T09 Page 35 00. Third Party Participation and EPA Review[15A NCAC 02Q.0521,.0522 and.0525(7)] For permits modifications subject to 45-day review by the federal Environmental Protection Agency (EPA),EPA's decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition, the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit. The time period available to submit a public petition pursuant to 15A NCAC 02Q.0518 begins at the end of the 45-day EPA review period. Permit 08179T09 Page 36 ATTACHMENT List of Acronyms AOS Alternate Operating Scenario BACT Best Available Control Technology Btu British thermal unit CAA Clean Air Act CAIR Clean Air Interstate Rule CEM Continuous Emission Monitor CFR Code of Federal Regulations DAQ Division of Air Quality DEQ Department of Environmental Quality EMC Environmental Management Commission EPA Environmental Protection Agency FR Federal Register GACT Generally Available Control Technology HAP Hazardous Air Pollutant MACT Maximum Achievable Control Technology NAA Non-Attainment Area NCAC North Carolina Administrative Code NCGS North Carolina General Statutes NESHAP National Emission Standards for Hazardous Air Pollutants NOX Nitrogen Oxides NSPS New Source Performance Standard OAH Office of Administrative Hearings PM Particulate Matter PM10 Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less POS Primary Operating Scenario PSD Prevention of Significant Deterioration RACT Reasonably Available Control Technology SIC Standard Industrial Classification SIP State Implementation Plan SO2 Sulfur Dioxide tpy Tons Per Year VOC Volatile Organic Compound