Cruz A. Matos Environmental Agencies Bldg., San José Industrial Park Urbanization 

1375 Ponce de León Ave., San Juan, PR 00926-2604 

PO Box 11488, San Juan, PR 00910 

Tel. 787-767-8181 • Fax 787-756-5906

COMMONWEALTH OF PUERTO RICO / OFFICE OF THE GOVERNOR

DRAFT TITLE V OPERATING PERMIT

AIR QUALITY AREA

ENVIRONMENTAL QUALITY BOARD

Permit Number: PFE-TV-3341-07-1005-1692

Permit Application Received: October 5, 2005 

Issue and/or Effectiveness Date: [DATE]

Expiration Date: [DATE] 

In accordance with the provisions of Part VI of the Regulation for the Control of Atmospheric 

Pollution (RCAP) and the Code of Federal Regulations, Title 40, Part 70 

THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO

hereinafter referred to as The Battery Recycling Company, Inc., TBRCI or the permittee, is 

authorized to operate a stationary source of air pollutants limited to the emission units and 

conditions described in this permit. Until such time as this permit expires, is modified or revoked, 

The Battery Recycling Company, Inc. is allowed to discharge air pollutants from those processes 

and activities directly related to or associated with air pollutant sources in accordance with the 

requirements, limitations and conditions of this permit. 

The conditions in this permit are federally and state enforceable. Requirements, which are only state

enforceable are identified as such in the permit. A copy of this permit shall be kept on-site at the 

above-mentioned facility at all times. 
TABLE OF CONTENTS 

Section I - General Information ..................................................................................................................................... 1

A. Facility Information: ......................................................................................................................................... 1

B. Description of Process: ..................................................................................................................................... 2

Section II - Description of Emission Units .................................................................................................................... 2

Section III - General Permit Conditions ........................................................................................................................ 3

Section IV - Allowable Emissions ............................................................................................................................... 14

Section VI - Conditions for secondary lead smelting and refining according to the National Emision Standards for 

Hazardous Air Pollutants for Secondary Lead Smelting (40 CFR Part 63 Subpart X) ............................................... 24

Section VII - Insignificant Emission Units .................................................................................................................. 30

Section VIII - Permit Shield ........................................................................................................................................ 31

Section IX - Permit Approval ...................................................................................................................................... 31

Appendix ..................................................................................................................................................................... 33

Appendix A - Definitions and Abbreviations .............................................................................................................. 34
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 1 OF 35 

Section I- General Information 

A. Facility Information: 

Name of the Company: The Battery Recycling Company, Inc. 

Mailing Address: P.O. Box 1016 

City: Arecibo 

State: Puerto Rico 

Zip Code: 00613-1016 

Plant Name: The Battery Recycling Company, Inc. 

Physical Address: PR-2 Km 72.2 

 Cambalache Ward 

Arecibo, Puerto Rico 

Responsible Officer: Luis R. Figueroa Nieves 

President 

Phone Numbers: 787-880-5373 

Facility Contact Person: Luis R. Figueroa Nieves 

President 

Phone Number: 787-880-5373 

Fax: 787-879-4325 

Primary SIC Code: 3341 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 2 OF 35 

B. Description of Process: 

The Battery Recycling Company, Inc (TBRCI) is located in Cambalache Ward, PR-2 Km 72.2 

in Arecibo. TBRCI is dedicated to the recycling of lead batteries and the production of secondary 

lead of different specifications. 

TBRCI processes 66.67 tons per day of used lead batteries. Secondary lead is smelted at a rate of 

50.05 tons per day. The furnace product is placed in refining kettles to produce refined lead as per 

clients’ specifications. TBRCI operation is 24 hour per day, 7 days per week for 12 months per 

year, or approximately 8,760 hours per year. 

Emissions from the kiln and each of the five kettles are discharged to the atmosphere through the 

control devic. Emissions from the fuel combustion of the kiln are also discharged through the 

control device. The emissions from the fuel combustion at each of the five kettles are discharged to 

the atmosphere through separate stacks. 

This facility is a minor source of emissions. Normally, minor sources are not required to obtain a 

Title V permit under Part VI of the Regulations for the Control of Atmospheric Pollution (RCAP). 

However, as established in the National Emission Standards for Hazardous Air Pollutants 

(NESHAP) for Secondary Lead Smelting (40 CFR Part 63, Subpart X), area sources (minor sources) 

subject to such regulation must obtain a Title V permit. The facility is also affected by the New 

Source Performance Standard (NSPS) for Secondary Lead Smelters (40 CFR Part 60, Subpart L). 

Section II- Description of Emission Units 

The emission units regulated by this permit are the following: 

Emission 

Unit Description Control Equipment

EU-1 

Smelting furnace type rotary/reverberatory, as a 

capacity of 5.0 m3, will process 20.75 metric tons of 

mix per batch; at a maximum rate of 3.35 batches of

mix per day and produces a maximum of 50.05 

metric tons per day of lead. 

CD-1 Baghouse

Have 8 modules, 99.5% 

efficiency for particulate 

matter, a discharge 

volumen of 46.79 feet3

/ 

min through a stack of 

78.5 feet of height and a 

diameter of 62.25 inches. 

Furnace Burner, consumes used oil at a rate of 89.76 

gallons per hour with a maximum sulfur content of 

0.5% by weight. With a capacity of 12.0 millions 

Btu/hr. Uses propane for startup. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 3 OF 35 

Emission 

Unit Description Control Equipment

EU-2 

EU-3 

EU-4 

EU-5 

EU-6 

Five lead refining kettles. Each one has a capacity 

of 40 metric tons of secondary lead. 

CD-1 Baghouse

Have 8 modules, 99.5% 

efficiency for particulate 

matter, a discharge 

volumen of 46.79 

feet3

/min through a stack 

of 78.5 feet of height and a 

diameter of 62.25 inches. 

Five burners of the lead refining kettles. Each one 

consumes used oil at a rate of 18.48 gallons per hour 

with a maximum sulfur content of 0.5% by weight. 

Each one with a capacity of 2.5 millions Btu/hr. 

Uses propane for startup. 

None 

Section III - General Permit Conditions 

1. Sanctions and Penalties: TBRCI is obligated to comply with all terms, conditions,

requirements, limitations and restrictions set forth in this permit. Any violation of the terms 

of this permit will be subject to administrative, civil or criminal penalties as established in the 

Puerto Rico Environmental Public Policy Act, Article 16 (Act Number 416, September 22, 

2004, as amended). 

2. Right of Entry: As specified under Rules 103 and 603(c)(2) of the RCAP, TBRCI shall 

allow the Board or an authorized representative, upon presentation of credentials and other 

documents as may be required by law, to perform the following activities: 

a. Enter upon TBRCI premises where an emission source is located or where emissions 

related activities are conducted, or where records must be kept under the conditions of 

this permit, under the RCAP, or under the Clean Air Act; 

b. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit, under the RCAP, or under the Clean Air Act; 

c. Inspect and examine any facility, equipment (including monitoring and air pollution 

control equipment), practices or operations (including QA/QC methods) regulated or 

required under this permit; as well as sampling emissions of air quality and fuels; and 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 4 OF 35 

d. As authorized by the Clean Air Act and the RCAP, to sample or monitor, at reasonable 

times, substances or parameters for the purpose of assuring compliance with the permit 

or other applicable requirements. 

3. Sworn Statement: All reports required pursuant Rule 103(D) of the RCAP (this is 

semiannual monitoring reports and annual compliance certification) shall be submitted 

together with a sworn statement or affidavit by the Responsible Official or a duly authorized 

representative. Such sworn statement shall attest to the truth, correctness and completeness 

of such records and reports. 

4. Data Availability: As specified under Rule 104 of the RCAP, all emission data obtained by 

or submitted to the Board, including data reported pursuant to Rule 103 of the RCAP, as 

well as that obtained in any other way, shall be available for public inspection and may also 

be made available to the public in any additional manner that the Board may deem 

appropriate. 

5. Emergency Plan: As specified under Rule 107 of the RCAP, TBRCI shall have available 

an Emergency Plan which must be consistent with adequate safety practices, and provides 

for the reduction or retention of the emissions from the plant during periods classified by 

the Board as air pollution alerts, warnings or emergencies. These plans shall identify the 

emission sources, include the reduction to be accomplished for each source, and the means 

by which such reduction will be accomplished. These plans will be available for any 

representative of the Board at any time. 

6. Control Equipment: The Battery Recycling Company, Inc. shall comply with Rule 108 

of the RCAP, as follows: 

a. All air pollution control equipment or control measures shall provide for continuous 

compliance with applicable rules and regulations. Such equipment or measures shall be 

installed, maintained, and operated according to those conditions imposed by the Board, 

within the specified operating limitations of the manufacturer. 

b. The collected material from air pollution control equipment shall be disposed in 

accordance with applicable rules and regulations. The removal, manipulation, 

transportation, storage, treatment or disposal will be done in such or manner that shall 

not to produce environmental degradation, and in accordance with applicable rules and 

regulations. 

c. The Board may require, when deemed appropriate to safeguard the health and welfare of 

human beings, the installation and maintenance of additional, complete and separate air 

pollution control equipment of a capacity equal to the capacity of the primary control 

equipment. Furthermore, the Board may require that such additional air pollution 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 5 OF 35 

control equipment be operated continuously and conjunctionally with the primary air 

pollution control equipment. 

d. All air pollution control equipment shall be operated at all times while the source being 

controlled is in operation. 

e. In the case of a shutdown of air pollution control equipment for the necessary scheduled 

maintenance, the intent to shutdown such equipment shall be reported to the Board at 

least three days prior to the planned shutdown. Such prior notice shall include, but is 

not limited to the following: 

(1) Identification of the specific source to be taken out of service with its location 

and permit number. 

(2) The expected length of time that the air pollution control equipment will be out 

of service. 

(3) The nature and quantity of emissions of air pollutants likely to be permitted 

during the shutdown period. 

(4) Measures such as the use of off-shift labor and equipment that will be taken to 

minimize the length of the shutdown period. 

(5) The reasons why it will be impossible or impractical to shutdown the operating 

source during the maintenance period. 

f. The Battery Recycling Company, Inc. shall to the extent possible, maintain and 

operate at all times, including periods of start-up, shutdown and malfunction, any 

affected source and the associated air pollution control equipment, in a manner 

consistent with the original manufacturers design specifications and in compliance with 

applicable rules and regulations and permit conditions. 

7. Compliance Certification: As specified under Rule 602(c)(2)(ix)(C) of the RCAP, TBRCI 

shall submit each year a compliance certification. This certification must be submitted to 

both the Board and the EPA1 no later than April 1st of each year. The compliance 

certification shall include, but is not limited to, the information required under Rule 603(c) 

of the RCAP as follows: 

 

 

1 The certification to the EQB shall be mailed to: Manager, Air Quality Area, P.O. Box 11488, San Juan, PR 00910. The 

certification to the EPA shall be mailed to: Chief, Enforcement and Superfund Branch CEPD, US EPA – Region II, 

Centro Europa Building, 1492 Ponce de Leon Ave. Stop 22, Santurce PR 00909. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 6 OF 35 

a. The identification of each term or condition of the permit that is the basis of the 

certification; and 

b. The compliance status. Each deviation shall be identified and taken into account in the 

compliance certification; and 

c. A statement indicating whether the compliance was continuous or intermittent; and 

d. The methods or other means used for determining the compliance status with each term 

and condition, currently and over the reporting period consistent with sections (a)(3)-(5) 

of Rule 603 of the RCAP; and 

e. Identification of possible exceptions to compliance, any periods which compliance is 

required and in which an excursion or exceedance as defined under 40 CFR Part 64 

(CAM) occurred; and 

f. Such other facts as the Board may require to determine the compliance status of a 

source. 

8. Regulation Compliance: As specified under Rule 115 of the RCAP, any violation to the 

RCAP, or to any other applicable rule or regulation, shall be grounds for the Board to 

suspend, modify, or revoke any relevant permit, approval, variance or other authorization 

issued by the Board. 

9. Location Approval: As specified under Rule 201 of the RCAP, nothing in this permit shall 

be interpreted as authorizing the location or construction of a major stationary source, or the 

modification of a major stationary source, or a major modification of a significant source, 

without obtaining first a location approval from the Board and without first demonstrating 

compliance with the National Ambient Air Quality Standards (NAAQS). This permit does 

not allow the construction of new minor sources without the required permit under Rule 

203 of the RCAP. 

10. Open Burning: As specified under the Rule 402 of the RCAP, the permittee shall not cause 

or permit the open burning of refuse in their premises except as established under Rule 402 

(E) of the RCAP to conduct training or research of fire fighting techniques, as previously 

approved by the Board. 

11. Objectionable Odors: As specified under Rule 420 of the RCAP, TBRCIshall not cause 

or permit emissions to the atmosphere of any matter which produces an objectionable odor 

that can be perceived in an area other than that designated for industrial purposes [This 

condition is enforceable only by the State]. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 7 OF 35 

12. Permit Renewal Applications: As established under Rule 602(a)(1)(iv) of the RCAP, 

TBRCI’s applications for permit renewal shall be submitted at least 12 months prior to the 

date of permit expiration. A responsible official must certify all required applications 

consistent with paragraph (c)(3) of Rule 602 of the RCAP. 

13. Permit Duration: As specified under Rule 603 of the RCAP, the following terms will apply 

during the duration of this permit: 

a. Expiration: This authorization shall have a fixed term of 5 years. The expiration date will 

be automatically extended until the Board approves or denies a renewal application (Rule 

605(c)(4)(ii) of the RCAP) but only in those cases where the permittee submits a complete 

renewal application at least 12 months before the expiration date. [Rules 603 (a)(2), 605 

(c)(2), and 605(c)(4) of the RCAP] 

b. Permit Shield: As specified under Rule 605 (c)(4)(i) of the RCAP, the permit shield may be 

extended until the time the permit is renewed if a timely and complete renewal application 

is submitted. 

c. In case that this permit is subject to any challenge by third parties, the permit shall remain 

in effect until the time it is revoked by a court of law with jurisdiction in the matter.

14. Recordkeeping Requirement: As established under Rule 603(a)(4)) of the RCAP, TBRCI 

shall retain records of all required monitoring data and support information for a period of 5 

years from the date of the monitoring sample, measurement, report, or application. TBRCI 

shall retain at the facility, the copies of all the records of required monitoring information 

including the following: 

1. The date, place as defined in the permit, and time of sampling or measurements; 

2. The date(s) analyses were performed; 

3. The company or entity that performed the analyses; 

4. The analytical techniques or methods used; 

5. The results of such analyses; and 

6. The operating conditions as existing at the time of sampling or measurement;

 

15.Reporting Requirement: As established under Rule 603(a)(5)(i) of the RCAP, TBRCI 

shall submit reports of all required monitoring every 6 months, on October 1st and April 1st
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 8 OF 35 

of each year, or more frequently if required by the Board or any other underlying applicable 

requirement. All instances of deviations from permit requirements must be clearly identified 

in such reports. All required reports must be certified by a responsible official as established 

under Rule 602(c)(3) of the RCAP. 

16.Deviations Reporting due to Emergencies: According to Rule 603(a)(5)(ii) of the RCAP, 

any deviation resulting from an upset (such as sudden malfunction or break-down) or 

emergency conditions, as defined in Rule 603(e) of the RCAP, must be reported within the 

next 2 working days of the time when emission limitations were exceeded due to the 

emergency, if TBRCI wishes to assert the affirmative defense authorized under Rule 603(e) 

of the RCAP. If TBRCI raises the emergency defense upon an enforcement action, the 

permittee shall demonstrate that such deviation occurred due to an emergency and that the 

Board was adequately notified. If such emergency deviation lasts for more than 24 hours, 

the affected units may be operated until the end of the cycle or 48 hours, whichever occurs 

first. The Board may only extend the operation of an emission source in excess of 48 hours, 

if the source demonstrates to the Board’s satisfaction that the National Air Quality Standards 

have not been exceeded and that there is no risk to the public health. 

17. Deviation Reporting (Hazardous Air Pollutants): The source shall act as specified in its 

Emergency Response Plan (established in Rule 107 (C) of the RCAP), when such Plan has 

demonstrated that there is no significant impact at the fenceline or shall shut down its 

operations immediately if there is a significant impact at the fenceline. (This condition is 

state-enforceable only). Pursuant to Rule 603 (a)(5)(ii)(b), a notification will be required if a 

deviation occurs that results in the release of emissions of hazardous air pollutants for more 

than an hour in excess of the applicable limit. The permittee shall notify the Board within 24 

hours of the deviation. For the discharge of any regulated air pollutant that continues for 

more than 2 hours in excess of the applicable limit, the Permittee shall notify the Board 

within 24 hours of the deviation. TBRCI shall also submit to the Board, within 7 days of the 

deviation, a detailed written report which includes probable causes, time and duration of the 

deviation, remedial action taken, and steps which are being taken to prevent a reoccurrence. 

18. Severability Clause: As established under Rule 603(a)(6) of the RCAP, the clauses in this 

permit are severable. In the event of a successful challenge to any portion of the permit in 

an administrative or judicial forum, or in the event any of its clauses is held to be invalid, all 

other portions of the permit shall remain valid and effective, including those related to 

emission limits, terms and conditions, be they specific or general, as well as monitoring, 

record keeping and reporting requirements. 

19.Permit Noncompliance: As established under Rule 603(a)(7)(i) of the RCAP, TBRCImust 

comply with all conditions of this permit. Permit noncompliance constitutes a violation of 

the RCAP and will be grounds for taking the appropriate enforcement action, impose 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 9 OF 35 

sanctions, revoke, terminate, modify, and/or reissue the permit, or to deny a permit renewal 

application. 

20.Defense not Allowed: As specified under Rule 603(a)(7)(ii) of the RCAP, it shall not be a 

defense for TBRCI 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. 

21.Permit Modification and Revocation: As specified under Rule 603(a)(7)(iii) of the RCAP, 

the permit may be modified, revoked, reopened, reissued, or terminated for cause. The filing 

of a request by TBRCI for a permit modification, revocation, reissuance, or termination, or 

of a notification of planned changes or anticipated noncompliance does not stay any permit 

condition. 

22.Property Rights: As specified under Rule 603(a)(7)(iv) of the RCAP, this permit does not 

convey any property rights of any sort, nor does it grant any exclusive privilege. 

23.Obligation to Furnish Information: As specified under Rule 603(a)(7)(v) of the RCAP, 

TBRCI shall furnish to the Board, within a reasonable time, any information that the Board 

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. Upon 

request, TBRCI shall also furnish to the Board copies of records required to be kept by the 

permit. 

24.Prohibition on Default Issuance: As specified under Rule 605(d) of the RCAP, it shall 

never be considered that a permit has been issued by default as a result of the Board’s failure 

to take final action on a permit application within 18 months as of the application 

completeness date. The Board’s failure to issue a final permit within 18 months should be 

treated as a final action solely for the purpose of obtaining judicial review in a state court. 

25.Administrative Permit Amendments and Permit Modifications: As specified under 

Rule 606 of the RCAP, the permit shall not be amended nor modified unless TBRCI 

complies with the requirements for administrative permit amendments and permit 

modifications as described in the RCAP. 

26.Permit Reopenings: As specified under Rule 608(a)(1), this permit shall be reopened and 

revised under the following circumstances: 

a. Whenever additional applicable requirements under any law or regulation become 

applicable to The Battery Recycling Company, Inc., when the remaining permit term 

is of 3 or more years. Such reopening shall be completed 18 months after promulgation 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 10 OF 35 

of said applicable requirement. No such reopening is required if the effective date of the 

requirement is later than the date on which the permit is due to expire, unless the 

original permit or any of its terms and conditions have been extended pursuant to Rule 

605(c)(4)(i) or Rule 605(c)(4)(ii) of the RCAP. 

b. Whenever EQB or EPA determines that the permit contains a material mistake or that 

inaccurate statements were made in establishing the emission standards or other terms or 

conditions of the permit. 

c. Whenever EQB or EPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements. 

27.Changes in Name or Responsible Official: This permit is issued to The Battery 

Recycling Company, Inc. In the event that the company and/or installation change its 

name, the responsible official must submit an administrative amendment to this permit to 

reflect the change in name. If the event that the responsible official changes, the new 

responsible official must submit no later than 30 days after the change, an administrative 

amendment including a sworn statement in which he/she accepts and promises to comply 

with all the conditions of this permit. 

28.Changes in Ownership: This permit is issued to The Battery Recycling Company, Inc. 

In the event that the company and/or installation is transferred to a different owner or 

change operational control and the Board determines that no other change in the permit is 

necessary, the new responsible official must submit an administrative amendment. The 

administrative amendment shall include a sworn statement in which the new responsible 

official accepts and promises to comply with all the conditions of this permit, and a written 

agreement containing a specific date for transfer of permit responsibility, coverage, and 

liability between the current and new permittee. This is not applicable if the Board 

determines that changes to the permit are necessary. 

29.Renovation/Demolition Work: TBRCI shall comply with the provisions set forth in 40 

CFR §61.145 and §61.150, and Rule 422 of the RCAP when conducting any renovation or 

demolition activities of asbestos containing materials at the facility. 

30.Compliance Clause: Under no circumstances does compliance with this permit exempt 

TBRCIfrom complying with all other applicable state or federal laws, regulations, permits, 

administrative orders or applicable court orders. 

31.Requirements for Refrigerants (Climatologic and Stratospheric Ozone Protection): 

a. In the event that TBRCI has equipment or appliances, including air conditioning units, 

which use Class I or II refrigerants as defined in 40 CFR part 82, subpart A, Appendices 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 11 OF 35 

A and B, TBRCI shall take the necessary measures to ensure that all maintenance, 

service or repair services performed are done so according to the practices, certification 

and personnel requirements, disposition requirements, and recycling and/or recovery 

equipment certification requirements specified under 40 CFR part 82, subpart F. 

b. Owners/ operators of appliances normally containing 50 or more pounds of refrigerant 

must keep records of refrigerant purchased and added to such appliances pursuant to 40 

CFR §82.166. 

c. Service on Motor Vehicles: If TBRCI performs a service on motor (fleet) vehicles 

when this service involves ozone-depleting substance refrigerant (or regulated substitute 

substance) in the motor vehicle air conditioner (MVAC), TBRCI is subject to all the 

applicable requirements as specified in 40 CFR part 82, subpart B, Servicing of Motor 

Vehicle Air Conditioners. The term motor vehicle as used in subpart B does not include 

a vehicle in which final assembly of the vehicle has not been completed. The term 

MVAC as used in subpart B does not include the air-tight sealed refrigeration system 

used as refrigerated cargo or system used on passenger buses using HCFC-22 refrigerant. 

32.Labeling of Products Using Ozone-Depleting Substances: TBRCI shall comply with 

the standards for labeling of products using ozone-depleting substances pursuant to 40 CFR 

part 82, subpart E. 

a. All containers in which a class I or class II substance is stored or transported, all products 

containing a class I substance, and all products directly manufactured with a class I 

substance must bear the required warning statement if it is being introduced into interstate 

commerce pursuant to §82.106 

b. The placement of the required warning statement must comply with the requirements 

pursuant to §82.108. 

c. The form of the label bearing the required warning statement must comply with the 

requirements pursuant to §82.110. 

d. No person may modify, remove, or interfere with the required warning statement except as 

described in §82.112. 

33.Risk Management Plan: If during the effectiveness of this permit, the permittee is subject 

to the 40 CFR Part 68, he/she shall submit a Risk Management Plan according with the 

compliance schedule in the 40 CFR Section 68.10. If during the effectiveness of this permit, 

the permittee is subject to the 40 CFR Part 68, as part of the annual compliance certification 

required under 40 CFR Part 70, the permittee shall submit a compliance certification with 

the requirements of Part 68, including the recordkeeping and the Risk Management Plan. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 12 OF 35 

34.General Duty Requirements: TBRCI has the general obligation of identifying hazards 

which may result from accidental releases of any controlled substance under section 112(r) 

of the Clean Air Act or any other extremely hazardous substance in a process, using 

appropriate hazard assessment techniques, designing, maintaining, and operating a safe 

facility and minimizing the consequences of accidental releases if they occur as required in 

section 112(r)(1) of the Clean Air Act and Rule 107(D) of the RCAP. 

35.Roof Surface Coating: TBRCI shall not cause or permit the roof surface coating by 

applying hot tar or any other coating material containing organic compounds without 

previous notification to the Board. The use of used oil or hazardous waste for roof surface 

coating is prohibited. [This is a state-only requirement.] 

36. Emergency Electric Generators: 

a. The operation for each emergency electric generator identified as insignificant activities 

is limited to 500 hours per year. [PFE-RA-07-0104-0018-I-II-C] 

b. The electric generator shall use diesel as fuel with a maximum sulfur content of 0.5% by 

weight. [PFE-RA-07-0104-0018-I-II-C] 

c. The permittee shall maintain and operate a meter of hour of operation of the electric 

generator. [PFE-RA-07-0104-0018-I-II-C] 

d. If the internal combustion engine of the electric generator is modified, reconstructed or 

is affected by the 40 CFR Part 60 Subpart IIII, the permittee shall comply with the 

federal requirements of this subpart and the sulfur content in the fuel shall not exceed: 

i. 500 part per million (ppm) or 0.05% by weight. 

ii. 15 ppm or 0.0015% by weight for engines with a displacement of less than 30 liters 

per cylinder since October 1, 2010. 

e. The permittee shall maintain a copy at the facility of its applicability or non applicability 

determinationof 40 CFR Part 60 Subpart IIII for the electric generator for a period of 

five years. This copy shall be sent to the Board no later than 20 days after the receipt of 

this permit. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 13 OF 35 

37. Fugitive Emissions: Compliance with Rule 404 of the RCAP: 

a. TBRCI shall use water or suitable chemicals for chemical stabilization and the control 

of dust in the demolition of a building or structures, construction operations, quarrying 

operations, the grading of roads, or the clearing of lands. 

b. TBRCI shall not cause or permit the discharge of visible emissions of fugitive dust 

beyond the boundary line of the property on which the emissions originate. 

38. Emissions Calculations: TBRCI shall submit, on or before April 1st of each year, the 

actual or permissible emissions calculations for the previous calendar year. The emissions 

calculations shall be submitted on the forms prepared by EQB for this purpose and the 

responsible official must certify all the information submitted as true, correct and 

representative of the permitted activity. 

39. Annual fee: As specified under Rule 610 of the RCAP, TBRCI must submit an annual 

payment based on the emissions calculations for each regulated pollutant. The payment will 

be based on their actual emissions at a rate of $37.00 per ton, unless the Board decides 

otherwise as permitted under Rule 610(b)(2)(iv) of the RCAP. This payment for the 

previous calendar year must be made on or before June 30 of each year. 

40. New or Amended Regulation: Whether a federal or state regulation is promulgated or 

amended and the facility is affected by it, the owner or operator shall comply with the 

requirements of the new or amended regulation. 

41. Reciprocating Internal Combustion Engines: Any facility that owns or operate an 

existing, new or reconstructed stationary Reciprocating Internal Combustion Engines 

(RICE)2

, not been tested at a stationary cell/stand is affected by the National Emission 

Standards for Hazardous Air Pollutants for stationary Reciprocating Internal Combustion 

Engines contained in the 40 CFR part 63, Subpart ZZZZ, and according to the sources 

category will be subject to the applicable requirements of this rule. Unless it is determined 

that this regulation is not applicable to TBRCI or the source is exempted, the affected 

source must comply with the applicable emission limitations and/or operating limitations of 

this subpart; on or before June 15, 2007 for an existing stationary RICE, no later than 

August 16, 2004 if you start up your new or reconstructed stationary RICE before August 

16, 2004, upon start up if your new or reconstructed RICE start up after August 16, 2004, or 

by the date specified by the source category or in an extension of compliance granted 

according to 40 CFR §63.6(i). TBRCI shall comply with the applicable notification 

requirements of 40 CFR §63.6645 and in 40 CFR part 63, subpart A by the dates specified.

 

2 As defined on 40 CFR, §63.6585(a).
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 14 OF 35 

42. Reports: Any requirement of information submittal to the Board shall be addressed to: 

Manager, Air Quality Area, P.O. Box 11488, San Juan, P.R. 00910.

43. Reservation of Rights: Except as expressly provided in this Title V permit: 

a. Nothing herein shall prevent EPA or the Board from taking administrative enforcement 

measures or seeking legal or equitable relief to enforce the terms of the Title V permits, 

including but not limited to the right to seek injunctive relief, and imposition of statutory 

penalties, and/or fines. 

b. Nothing herein shall be construed to limit the rights of EPA or the Board to undertake 

any criminal enforcement activity against TBRCI or any person. 

c. Nothing herein shall be construed to limit the authority of EPA or the Board to 

undertake any actions in response to conditions that present an imminent and substantial 

endangerment to public health or welfare, or the environment. 

d. Nothing herein shall be construed to limit TBRCI's rights to administrative hearing and 

judicial appeal of termination/ revocation/ disputes over modification/ denial actions in 

accordance with regulations and the Environmental Public Policy Act. 

e. The Environmental Quality Board and EPA reserve its right to require additional 

performance tests or test for any or all the pollutants that the source emits. 

Section IV – Allowable Emissions 

A. The emissions described on the following table represent the facility allowable emissions at 

the moment of the permit application and will be used only for payment purposes. 

According to Resolution RI-06-023, the emission calculations shall be based on TBRCI's 

actual emissions, although calculations based on the facility allowable emissions will be 

accepted. If TBRCI decides to realize the calculations based on allowable emissions, 

TBRCI shall pay the same charge per ton as the facilities that decide to do the calculations 

based on actual emissions. Also, when TBRCI applies for a modification, administrative 

change or minor modification to its Title V permit, the source will pay only those charges 

related with any emission increase (if any) per tonnage, based on the change and not based 

on the total fees paid previously according to Rule 610(a) of the RCAP. 

 

3

 EQB Resolution - Payment procedure of Title V operation fees and charges for Title V renewal permits 

(Procedimiento de Pago de los cargos de operación de Título V y Cargos por renovación de permiso Título V) issued on 

March 20, 2006. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 15 OF 35 

Criteria Pollutant Allowable 

Emissions 

(tons /year) 

PM 20.39 

SO2 59.68 

NOx 9.58 

CO 1.26 

VOC 0.60 

Lead 1.24 

Section V - Specific Permit Conditions 

1. EU-1: Smelting furnace 

Condition Parameter Value Units Test Method Method 

Frequency 

Record 

keeping 

Requirements 

Reporting 

Frequency

Emission limit 

for particulate 

matter 

Particulate matter 50 mg/dscm Method 5 Initial 

Performance 

Test 

Test results 60 days after 

the test 

Opacity limit Opacity 20 Percent Method 9 Initial 

Performance 

Test 

Test results 60 days after 

the test 

SO2 emission 

limit 

Sulfur Content ≤ 0.5 Percent by 

weight 

Fuel supplier 

certification 

With each fuel 

receipt 

Record of the 

sulfur content 

in the fuel with 

each receipt 

Monthly 

Fuel 

Consumption 

limit 

Used Oil 786,297.6 Gallons per 

year 

Consumption Daily Record Monthly 

a. PARTICULATE MATTER EMISSION LIMIT: 

(i) The permittee shall not cause nor permit the emission of particulate matter, in excess of 50 

mg/dscm (0.022 grains/dry standard cubic feet). [40 CFR §60.122(a)(1)] 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 16 OF 35 

(ii) The permittee shall conduct an initial performance test according to 40 CFR §60.8 using 

Method 5 described in 40 CFR, Part 60, Appendix A to determine the particulate matter 

concentration during representative periods of furnace operation, including charging and 

tapping. The sampling time and sample volume for each run shall be at least 60 minutes and 

0.90 cm (31.8 dscf). [40 CFR §60.123(b)(1)] 

(iii) The permittee shall submit to the Board at least thirty (30) days prior to the start of the test, 

a detailed test protocol describing all test equipment, procedures, and Quality Assurance 

measures to be used. [Regla 106(C) of the RCAP]

(iv) The permittee shall notify in writing the Board at least fifteen (15) days of prior of the initial 

test under Method 5, to allow the Board the opportunity to have an observer present. [Rule 

106 (D) of the RCAP] 

(v) Two (2) copies of the report of the initial reading under Method 5 shall be submitted by the 

permittee within 60 days after the tests. This report shall contain the information required in 

Rule 106 (E) of the RCAP. 

(iv) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records for the 

required monitoring and supporting information for a period of five (5) years from the date 

of the monitoring sample, measurement, report or application. 

b. VISIBLE EMISSIONS LIMIT: 

(i) The permittee shall not exceed the opacity limit of 20% for unit EU-1. [40 CFR 

§60.122(a)(2)] 

(ii) The permittee shall conduct an initial performance test according to 40 CFR §60.8 using 

Method 9 described in 40 CFR, Part 60, Appendix A and the procedures in 40 CFR §60.11 

to determine opacity. [40 CFR §60.123(b)(2)] 

(iii) The permittee shall submit to the Board at least thirty (30) days prior to the start of the test, 

a detailed test protocol describing all test equipment, procedures, and Quality Assurance 

measures to be used. [Regla 106(C) of the RCAP] 

(iv) The permittee shall notify in writing the Board at least fifteen (15) days of prior of the initial 

test under Method 9, to allow the Board the opportunity to have an observer present. [Rule 

106 (D) of the RCAP] 

(v) Two (2) copies of the report of the initial reading under Method 9 shall be submitted by the 

permittee within 60 days after the tests. This report shall contain the information required in 

Rule 106 (E) of the RCAP. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 17 OF 35 

(vi) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records for the 

required monitoring and supporting information for a period of five (5) years from the date 

of the monitoring sample, measurement, report or application. 

c. SULFUR CONTENT LIMIT: 

(i) The permittee shall not burn or allow the use of any fuel with a sulfur content, which 

exceeds 0.5% by weight, in unit EU-1. [PFE-RA-07-0104-0018-I-II-C] 

(ii) The permittee shall keep a copy of the fuel supplier certification indicating the fuel sulfur 

content to demonstrate compliance with the requirement of keeping a daily record of the 

sulfur content in used oil. The permittee shall obtain this sulfur content certification with 

each delivery of fuel at the site before the transfer to the storage tanks at the facility to verify 

the sulfur content to be received. [PFE-RA-07-0104-0018-I-II-C] 

(iii) The permittee shall maintain monthly records that indicate the time of operation and fuel 

consumption in the burner of the furnace EU-1. The daily readings of the flow meters at 

the exit of each fuel storage tank (for used oil) that feeds the furnace burner EU-1 to 

determine the fuel consumption. These records shall be kept available at any time at the 

facility for the revision of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-IIC] 

(iv) The permittee shall submit a monthly report indicating on a daily basis, the sulfur content 

(percent by weight) in the fuel consumed and the quantity of fuel consumption in unit EU-1. 

This report shall be addressed to the Chief of the Validations Data and Mathematical Model 

Division no later than the next fifthteen (15) days of the month following for which the 

report is representative and shall be kept available at any time at the facility for the revision 

of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(v) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of 

required monitoring data and supporting information for a period of five (5) years from the 

date of the monitoring sample, measurement, report or application. These include a record 

of the monthly fuel consumption reports and the sulfur content in the fuel burned. 

(vi) The permittee shall submit, with each annual compliance certification, a summary of the 

reports for that year indicating the sulfur content by weight for the fuels consumed monthly. 

d. FUEL CONSUMPTION LIMIT: 

(i) The permittee shall not exceed the consumption limit for used oil of 786,297.6 gallons for 

the furnace burner EU-1 for any period of twelve (12) consecutive months. The fuel 

consumption for any consecutive 12-month period shall be calculated by adding the monthly 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 18 OF 35 

consumption for the unit to the total fuel consumption for the unit for the previous 11 

months. [PFE-RA-07-0104-0018-I-II-C] 

(ii) The permittee shall install, maintain, and operate flow meters at the exit of each storage tank 

used to store fuel (for used oil) that feeds the furnace burner EU-1. The flow meters shall 

be operated and maintained according to the manufacturers’ recommendation. Each flow 

meter shall be calibrated every six months, as minimum. The permittee shall maintain the 

records that indicate the date, hour, and results of the calibration of the flow meters and the 

maintenance provided to the flow meters available at any time at the facility for the revision 

of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(iii) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of required 

monitoring data and supporting information for a period of five (5) years from the date of the 

monitoring sample, measurement, report or application. These include the records of the 

monthly and annual fuel consumption reports. 

(iv) The permittee shall submit, with each annual compliance certification, an annual report 

summary indicating the fuel consumption of unit EU-1 in term of the monthly and annual 

consumption. 

2. EU-2, EU-3, EU-4, EU-5, and EU-6: Burners of the five refining kettles

Condition Parameter Value Units Test Method Method 

Frequency 

Record 

keeping 

Requirements 

Reporting 

Frequency

Emission limit 

for particulate 

matter 

Particulate matter 0.3 Lb/MMBtu Method 5 Performance 

Test during the 

first year of the 

permit 

Test results 60 days after 

the test 

Opacity limit Opacity 20 Percent Method 9 Performance 

Test during the 

first year of the 

permit 

Test results 60 days after 

the test 

SO2 emission 

limit 

Sulfur Content ≤ 0.5 Percent by 

weight 

Fuel supplier 

certification 

With each fuel 

receipt 

Record of the 

sulfur content 

in the fuel with 

each receipt 

Monthly 

Fuel 

Consumption 

limit 

Used Oil 401,339.4 Gallons per 

year 

Consumption Daily Record Monthly 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 19 OF 35 

a. PARTICULATE MATTER EMISSION LIMIT: 

(i) The permittee shall not cause nor permit the emission of particulate matter, from any 

equipment burning solid or liquid fuel, in excess of 0.3 lb/MMBtu of heat input. [Rule 406 

of the RCAP] 

(ii) The permittee shall conduct a performance test during the first year of the permit using 

Method 5 described in 40 CFR, Part 60, Appendix A to determine the particulate matter 

concentration during representative periods of operation. 

(iii) The permittee shall submit to the Board at least thirty (30) days prior to the start of the test, 

a detailed test protocol describing all test equipment, procedures, and Quality Assurance 

measures to be used. [Regla 106(C) of the RCAP]

(iv) The permittee shall notify in writing the Board at least fifteen (15) days of prior of the initial 

test under Method 5, to allow the Board the opportunity to have an observer present. [Rule 

106 (D) of the RCAP] 

(v) Two (2) copies of the report of the initial reading under Method 5 shall be submitted by the 

permittee within 60 days after the tests. This report shall contain the information required in 

Rule 106 (E) of the RCAP. 

(iv) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records for the 

required monitoring and supporting information for a period of five (5) years from the date 

of the monitoring sample, measurement, report or application. 

b. VISIBLE EMISSIONS LIMIT: 

(i) The permittee shall not exceed the opacity limit of 20% for units EU-2, EU-3, EU-4, EU-5, 

and EU-6, in six (6) minutes average. Nevertheless, the permittee may discharge into the 

atmosphere visible emissions of an opacity up to 60% for a period of no more than four (4) 

minutes in any consecutive thirty (30) minutes interval. [Rule 403(A) of the RCAP] 

(ii) The permittee shall contract an independent opacity reader, certified in a school approved by 

EPA or EQB, to perform one opacity reading to each stack of each burner during the first 

year of the permit using Method 9 established under 40 CFR part 60, Appendix A. The 

applicable burner shall be operating at the time of performance of the opacity readings.

(iii) The permittee shall submit to the Board at least thirty (30) days prior to the start of the test, 

a detailed test protocol describing all test equipment, procedures, and Quality Assurance 

measures to be used. [Regla 106(C) of the RCAP] 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 20 OF 35 

(iv) The permittee shall notify in writing the Board at least fifteen (15) days of prior of the initial 

test under Method 9, to allow the Board the opportunity to have an observer present. [Rule 

106 (D) of the RCAP] 

(vii) Two (2) copies of the report of the initial reading under Method 9 shall be submitted by the 

permittee within 60 days after the tests. This report shall contain the information required in 

Rule 106 (E) of the RCAP. 

(viii) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records for the 

required monitoring and supporting information for a period of five (5) years from the date 

of the monitoring sample, measurement, report or application. 

c. SULFUR CONTENT LIMIT: 

(i) The permittee shall not burn or allow the use of any fuel with a sulfur content, which 

exceeds 0.5% by weight, in units EU-2, EU-3, EU-4, EU-5, and EU-6. [PFE-RA-07-0104-

0018-I-II-C] 

(ii) The permittee shall keep a copy of the fuel supplier certification indicating the fuel sulfur 

content to demonstrate compliance with the requirement of keeping a daily record of the 

sulfur content in used oil. The permittee shall obtain this sulfur content certification with 

each delivery of fuel at the site before the transfer to the storage tanks at the facility to verify 

the sulfur content to be received. [PFE-RA-07-0104-0018-I-II-C] 

(iii) The permittee shall maintain monthly records that indicate the time of operation and fuel 

consumption in the burner of the units EU-2, EU-3, EU-4, EU-5, and EU-6. The daily 

readings of the flow meters at the exit of each fuel storage tank (for used oil) that feeds the 

burners in units EU-2, EU-3, EU-4, EU-5, and EU-6 to determine the fuel consumption. 

These records shall be kept available at any time at the facility for the revision of the 

technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(iv) The permittee shall submit a monthly report indicating on a daily basis, the sulfur content 

(percent by weight) in the fuel consumed and the quantity of fuel consumption in unit EU-1. 

This report shall be addressed to the Chief of the Validations Data and Mathematical Model 

Division no later than the next fifthteen (15) days of the month following for which the 

report is representative and shall be kept available at any time at the facility for the revision 

of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(v) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of 

required monitoring data and supporting information for a period of five (5) years from the 

date of the monitoring sample, measurement, report or application. These include a record 

of the monthly fuel consumption reports and the sulfur content in the fuel burned. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 21 OF 35 

(vi) The permittee shall submit, with each annual compliance certification, a summary of the 

reports for that year indicating the sulfur content by weight for the fuels consumed monthly. 

d. FUEL CONSUMPTION LIMIT: 

(i) The permittee shall not exceed the consumption limit for used oil of 401,339.4 gallons in 

total for the burners of units EU-2, EU-3, EU-4, EU-5, and EU-6 for any period of twelve 

(12) consecutive months. The fuel consumption for any consecutive 12-month period shall 

be calculated by adding the monthly consumption for the unit to the total fuel consumption 

for the unit for the previous 11 months. [PFE-RA-07-0104-0018-I-II-C] 

(ii) The permittee shall install, maintain, and operate flow meters at the exit of each storage tank 

used to store fuel (for used oil) that feeds the burners of units EU-2, EU-3, EU-4, EU-5, and 

EU-6. The flow meters shall be operated and maintained according to the manufacturers’ 

recommendation. Each flow meter shall be calibrated every six months, as minimum. The 

permittee shall maintain the records that indicate the date, hour, and results of the 

calibration of the flow meters and the maintenance provided to the flow meters available at 

any time at the facility for the revision of the technical personnel of the Board. [PFE-RA-07-

0104-0018-I-II-C] 

(v) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of required 

monitoring data and supporting information for a period of five (5) years from the date of the 

monitoring sample, measurement, report or application. These include the records of the 

monthly and annual fuel consumption reports. 

(vi) The permittee shall submit, with each annual compliance certification, an annual report 

summary indicating the fuel consumption of units EU-2, EU-3, EU-4, EU-5, and EU-6 in 

term of the monthly and annual consumption. 

3. EU-1, EU-2, EU-3, EU-4, EU-5 and EU-6

Condition Parameter Value Units Test Method Method 

Frequency 

Record 

keeping 

Requirements 

Reporting 

Frequency

SO2 emission 

limit 

Sulfur Content 15 Gr/100 ft3 Fuel supplier 

certification 

With each fuel 

receipt 

Record of the 

sulfur content 

in the fuel with 

each receipt 

Monthly 

Fuel 

Consumption 

limit 

Propane 11,000 Gallons per 

year 

Consumption Daily Record Monthly 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 22 OF 35 

a. SULFUR CONTENT LIMIT: 

(i) The permittee shall not burn or allow the use of any fuel with a sulfur content, which 

exceeds 15 grains per 100 cubic feet in units EU-1, U-2, EU-3, EU-4, EU-5, and EU-6. 

[PFE-RA-07-0104-0018-I-II-C] 

(ii) The permittee shall keep a copy of the fuel supplier certification indicating the fuel sulfur 

content to demonstrate compliance with the requirement of keeping a daily record of the 

sulfur content in propane. The permittee shall obtain this sulfur content certification with 

each delivery of fuel at the site before the transfer to the storage tanks at the facility to verify 

the sulfur content to be received. [PFE-RA-07-0104-0018-I-II-C] 

(iii) The permittee shall maintain monthly records that indicate the time of operation and fuel 

consumption in the burner of the units EU-1, EU-2, EU-3, EU-4, EU-5, and EU-6. The 

daily readings of the flow meters at the exit of each fuel storage tank (for used oil) that feeds 

the burners in units EU-1, EU-2, EU-3, EU-4, EU-5, and EU-6 to determine the fuel 

consumption. These records shall be kept available at any time at the facility for the revision 

of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(iv) The permittee shall submit a monthly report indicating on a daily basis, the sulfur content 

(percent by weight) in the fuel consumed and the quantity of fuel consumption in unit EU-1. 

This report shall be addressed to the Chief of the Validations Data and Mathematical Model 

Division no later than the next fifthteen (15) days of the month following for which the 

report is representative and shall be kept available at any time at the facility for the revision 

of the technical personnel of the Board. [PFE-RA-07-0104-0018-I-II-C] 

(v) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of 

required monitoring data and supporting information for a period of five (5) years from the 

date of the monitoring sample, measurement, report or application. These include a record 

of the monthly fuel consumption reports and the sulfur content in the fuel burned. 

(vi) The permittee shall submit, with each annual compliance certification, a summary of the 

reports for that year indicating the sulfur content by weight for the fuels consumed monthly. 

d. FUEL CONSUMPTION LIMIT: 

(i) The permittee shall not exceed the consumption limit for used oil of 11,000 gallons in total 

for the burners of units EU-1, EU-2, EU-3, EU-4, EU-5, and EU-6 for any period of twelve 

(12) consecutive months. The fuel consumption for any consecutive 12-month period shall 

be calculated by adding the monthly consumption for the unit to the total fuel consumption 

for the unit for the previous 11 months. [PFE-RA-07-0104-0018-I-II-C] 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 23 OF 35 

(ii) The permittee shall install, maintain, and operate flow meters at the exit of each storage tank 

used to store fuel (for used oil) that feeds the burners of units EU-1, EU-2, EU-3, EU-4, 

EU-5, and EU-6. The flow meters shall be operated and maintained according to the 

manufacturers’ recommendation. Each flow meter shall be calibrated every six months, as 

minimum. The permittee shall maintain the records that indicate the date, hour, and results 

of the calibration of the flow meters and the maintenance provided to the flow meters 

available at any time at the facility for the revision of the technical personnel of the Board. 

[PFE-RA-07-0104-0018-I-II-C] 

(vii) As specified in Rule 603(a)(4)(ii) of the RCAP, the permittee shall retain all records of required 

monitoring data and supporting information for a period of five (5) years from the date of the 

monitoring sample, measurement, report or application. These include the records of the 

monthly and annual fuel consumption reports. 

(viii) The permittee shall submit, with each annual compliance certification, an annual report 

summary indicating the fuel consumption of units EU-1, EU-2, EU-3, EU-4, EU-5, and EU6 in term of the monthly and annual consumption. 

4. The used oil authorized for the units EU-1, EU-2, EU-3, EU-4, EU-5, and EU-6 shall 

comply with the following specifications [PFE-RA-07-0104-0018-I-II-C] : 

PROPERTY PERMITED LIMIT 

Arsenic Maximum of 5 ppm by weight 

Ash content 1.01 % 

Cadmium Maximum of 2 ppm by weight 

Cromium Maximum of 10 ppm by weight 

Lead Maximum of 100 ppm by weight 

Flash point Minimum of 100oF 

Total halogens Maximum of 1,000 ppm by weight 

PCB’s Less than 50 ppm 

(i) The permittee shall submit a monthly report indicating on a daily basis, the 

specifications in the used oil. This report shall be addressed to the Chief of the 

Validations Data and Mathematical Model Division no later than the next 15 days of 

the month following for which the report is representative and shall be kept available 

at any time at the facility for the revision of the Board or EPA. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 24 OF 35 

Section VI – Conditions for secondary lead smelting and refining according to the National 

Emision Standards for Hazardous Air Pollutants for Secondary Lead Smelting (40 CFR Part 

63 Subpart X) for units EU-1, EU-2, EU-3, EU-4, EU-5, and EU-6 

 

1. The Battery Recycling Company Inc. shall comply with the applicable requirements of 

the subpart X of 40 CFR, part 63 (National Emission Standards for Hazardous Air 

Pollutants from Secondary Lead Smelting). 

2. The Battery Recycling Company Inc. shall comply with the requirements of the subpart 

A of 40 CFR , part 63, according to section 63.541(b) of 40 CFR (Refer to Table 1 of the 

subpart X of 40 CFR, part 63). 

3. The Battery Recycling Company Inc. shall not discharge or cause to be discharged into

the atmosphere any gases that contain lead compounds in excess of 2.0 milligrams of lead 

per dry standard cubic meter (0.00087 grains of lead per dry standard cubic foot), according 

to section 63.543(a) of 40 CFR. The standards for process sources are summarized in Table 

2 of section 63.543(j) of 40 CFR. . 

4. The Battery Recycling Company Inc. shall conduct an initial performance test to 

demostrate compliance with condition 3 of this section within 180 days after startup of the 

source, in accordance to section 63.7(a) of 40 CFR, but not later than December 2, 2008, in 

accordance to Rule 103 of the RCAP. 

5. Following the initial test to demonstrate compliance with condition 3, The Battery 

Recycling Company Inc. shall conduct a compliance test for lead compounds on an 

annual basis (no later than 12 calendar months following the previous compliance test), 

according to sections 63.543(h) and 63.544(e) of 40 CFR. 

6. As specified in section 63.544(a) of 40 CFR, The Battery Recycling Compan Inc. shall 

control the following process fugitive emission sources, in accordance with the equipment 

and operational standards presented in sections 63.544(b) and (c) of 40 CFR: 

a. Smelting furnace and dryer charging hoppers, chutes, and skip hoists; 

b. Smelting furnace lead taps, and molds during tapping; 

c. Smelting furnace slag taps, and molds during tapping; 

d. Refining kettles; 

e. Dryer transition pieces; and 

f. Agglomerating furnace product taps. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 25 OF 35 

7. In The Battery Recycling Company Inc., the process fugitive emission sources shall be 

located in a total enclosure subject to general ventilation that maintains the building at a 

lower than ambient pressure to ensure in-draft through any doorway opening or shall be 

equipped with an enclosure hood meeting the following requirements, as specified in section 

63.544(b) of 40 CFR: 

a. All process fugitive enclosure hood except those specified for refining kettles and 

dryer transition pieces shall be ventilated to maintain a face velocity of at least 90 

meters per minute (300 feet per minute) at all hood openings, pursuant to section 

63.544(b)(1) of 40 CFR. 

b. Process fugitive enclosure hoods required for refining kettles shall be ventilated to 

maintain a face velocity of at least 75 meters per minute (250 feet per minute), 

according to section 63.544(b)(2) of 40 CFR. 

c. Process fugitive enclosure hoods required over dryer transition pieces shall be 

ventilated to maintain a face velocity of at least 110 meters per minute (350 feet per 

minute), as specified in section 63.544(b)(3) of 40 CFR. 

8. Ventilation air from all enclosures hoods and total enclosures shall be conveyed to a control 

device. Gases discharged to the atmosphere from these control devices shall not contain 

lead compounds in excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 

grains per dry standard cubic foot), according to section 63.544(c) of 40 CFR. 

9. The Battery Recycling Company Inc. shall achieve compliance with the control 

requirements of process fugitive emission, according to any of the compliance alternatives 

described in this permit, no later than December 2, 2008, according to the Rule 103 of the 

RCCA. [PFE-RA-07-0104-0018-I-II-C] 

10. As specified in section 63.545(a) of 40 CFR, The Battery Recycling Company Inc. shall 

prepare and at all times operate according to a standard operating procedures manual that 

describes in detail the measures that will be put in place to control fugitive dust emission 

sources within the areas of the secondary lead smelter that is listed next: 

a. Plant roadways 

b. Battery breaking area 

c. Furnace area 

d. Refining and casting area, and 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 26 OF 35 

e. Materials storage and handling area. 

11. The Battery Recycling Company Inc. shall submit the Standard Operating Procedures 

Manual to control fugitive dust emission sources to the Environmental Quality Board for 

review and approval, pursuant to section 63.545(b) of 40 CFR. 

12. As specified in section 63.545(c) of 40 CFR, the controls specified in the Standard Operating 

Procedures Manual shall at a minimum include the following requirements: 

a. Plant roadways: paving of all areas subject to vehicle traffic and pavement cleaning 

twice per day of those areas, except on days when natural precipitation makes 

cleaning unnecessary.

b. Battery breaking area: partial enclosure of storage piles, wet suppression applied to 

storage piles with sufficient frequency and quantity to prevent the formation of dust, 

and pavement cleaning twice per day; or total enclosure of the battery breaking area. 

c. Furnace area; partial enclosure and pavement cleaning twice per day; or total 

enclosure and ventilation of the enclosure to a control device. 

d. Refining and casting area; partial enclosure and pavement cleaning twice per day; or 

total enclosure and ventilation of the enclosure to a control device. 

e. Materials storage and handling area: partial enclosure of storage piles, wet 

suppression applied to storage piles with sufficient frequency and quantity to prevent 

the formation of dust, vehicle wash at each exit from the area, and paving of the 

area; or total enclosure of the area and ventilation of the enclosure to a control 

device, and a vehicle wash at each exit. 

13. The Standard Operating Procedures Manual shall require that daily records be maintained of 

all wet suppression, pavement cleaning, and vehicle washing activities performed to control 

fugitive dust emissions, according to section 63.545(d) of 40 CFR. 

14. The Battery Recycling Company Inc. shall not discharge or cause to be discharged into

the atmosphere from any building or enclosure ventilation system any gases that contain lead 

compounds in excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 grains 

of lead per dry standard cubic foot) as required in section 63.545(e) of 40 CFR. 

15. The Battery Recycling Company Inc. shall achieve compliance with the requirements of 

subpart X of 40 CFR, part 63 no later than upon startup of operations, as required in section 

63.546(a) of 40 CFR. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 27 OF 35 

17. As specified in section 63.547(a) of 40 CFR, The Battery Recycling Company Inc. shall 

used the test methods in appendix A of part 60 to determine compliance with the emission 

standards for lead compounds under sections 63.543(a), 63.544(c) and (d), and 63.545(e) of 

40 CFR. According to sections 63.547(d) and 63.547(e) of 40 CFR The Battery Recycling 

Company Inc. shall determine compliance with the face velocity requirements under 

section 63.544(b) of 40 CFR for process fugitive enclosure hoods by the test methods as 

described in section 63.547(d)(1) or (d)(2) of 40 CFR; or shall determine compliance with the 

doorway indraft requirement for enclosed buildings in section 63.544(b) using the 

procedures in sections 63.547(e)(1) or 63.547(e)(2) of 40 CFR, as applicable. These tests 

shall be realized not later than December 2, 2008, according to the Rule 103 of the RCCA. 

18. As specified in section 63.548(a) of 40 CFR, The Battery Recycling Company Inc. shall 

prepare, and at all times operate according to, a Standard Operating Procedures Manual that 

describes in detail procedures for inspection, maintenance, and bag leak detection and 

corrective action plans for all baghouses (fabric filters) that are used to control process, 

process fugitive, or fugitive dust emissions from any source subject to the lead emission 

standards in sections 63.543, 63.544, and 63.545, including those used to control emissions 

from building ventilation. This provision shall not apply to process fugitive sources that are 

controlled by wet scrubbers. 

19. The Standard Operating Procedures Manual for baghouses required in section 63.548(a) of 

40 CFR shall be submitted to the Environmental Quality Board for review and approval, 

according to section 63.548(b) of 40 CFR. 

20. As required in section 63.548(c) of 40 CFR, the procedures specified in the standard 

operating procedures manual for inspections and routine maintenance shall, at a minimum, 

include the following requirements: 

a. Daily monitoring of pressure drop across each baghouse cell.. 

b. Weekly confirmation that dust is being removed from hoppers through visual 

inspection, or equivalent means of ensuring the proper functioning of removal 

mechanisms. 

c. Daily check of compressed air supply for pulse-jet baghouses. 

d. An appropriate methodology for monitoring cleaning cycles to ensure proper 

operation. 

e. Monthly check of bag cleaning mechanisms for proper functioning through visual 

inspection or equivalent means. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 28 OF 35 

f. Monthly check of bag tension on reverse air and shaker-type baghouses. Such 

checks are not required for shaker-type baghouses using self-tensioning (spring 

loaded) devices. 

g. Quarterly confirmation of the physical integrity of the baghouse through visual 

inspection of the baghouse interior for air leaks. 

h. Quarterly inspection of fans for wear, material buildup, and corrosion through visual 

inspection, vibration detectors, or equivalent means. 

i. Continuous operation of bag leak detection system, according to section 63.548(c)(9) 

of 40 CFR, except as provided in sections 63.548(g) and (h) of 40 CFR. Baghouses 

equipped with HEPA filters as a secondary filter used to control process, process 

fugitive, or fugitive dust emissions from any sources subject to the lead emission 

standards in sections 63.543, 63.544 or 63.545 of 40 CFR are exempt from this 

requirement, to be equipped with a bag leak detector. According to section 

63.548(h) of 40 CFR, baghouses that are used exclusively for the control of fugitive 

dust emissions from any source subject to the lead emissions standard in section 

63.545 are exempt from the requirement to be equipped with a bag leak detector. 

21. The procedures specified in the standard operating procedures manual for maintenance 

shall, at a minimum, include a preventative manintence schedule that is consistent with the 

baghouse manufacturer’s instructions for routine and long-term maintenance, according to 

63.548(d) of 40 CFR. 

22. As specified in section 63.548(e) of 40 CFR, the bag leak detection system required by 

condition 20(i) of this permit, shall meet the followings specifications and requirements: 

a. The bag leak detection system must be certified by the manufacturer to be capable of 

detecting particulate matter emissions at concentrations of 10 milligram per actual 

cubic meter (0.0044 grains per actual cubic foot) or less. 

b. The bag leak detection system sensor must provide output of relative particulate 

matter loadings. 

c. The bag leak detection system must be equipped with an alarm system that will alarm 

when an increase in relative particulate loading is detected over a preset level. 

d. The bag leak detection system shall be installed and operated in a manner consistent 

with available written guidance from the U.S. Environmental Protection Agency or, 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 29 OF 35 

in the absence of such written guidance, the manufacturer’s written specifications 

and recommendations for installation, operation, and adjustment of the system. 

e. The initial adjustment of the system shall, at minimum, consist of establishing the 

baseline output by adjusting the sensitivity (range) and the averaging period of the 

device, and establishing the alarm set points and the alarm delay time. 

f. Following initial adjustment, TBRCI shall not adjust the sensitivity or range, 

averaging period, alarm set points, or alarms delay time, except as detailed in the 

approved SOP required in condition 18 of this permit. In no event shall the 

sensitivity be increased by more than 100 percent or decreased more than 50 percent 

over a 365 day period unless such adjustment follows a complete baghouse 

inspection which demonstrates the baghouse is in good operating condition. . 

g. For negative pressure, induced air baghouses, and positive pressure baghouses that 

are discharged to the atmosphere through a stack, the bag leak detector must be 

installed downstream of the baghouse and upstream of any wet acid gas scrubber. 

h. Where multiple detectors are required, the system’s instrumentation and alarm may 

be shared among detectors. 

23. The standard operating procedures manual required by section 63.548(a) of 40 CFR and 

contidion 18 of this permit, shall include a corrective action plan that specifies the 

procedures to be followed in the case of a bag leak detection system alarm. The corrective 

action plan shall include, at a minimum, the procedures used to determine and record the 

time and cause of the alarm as well as the corrective actions taken to correct the control 

device malfunction or minimize emissions as specified in section 63.548(f) of 40 CFR: 

a. The procedures used to determine the cause of the alarm must be initiated within 30 

minutes of the alarm. 

b. The cause of the alarm must be alleviated by taking the necessary corrective action(s) 

which may include, but not be limited to: 

i. Inspecting the baghouse for air leaks, torn or broken filter elements, or any 

other malfunction that may cause an increase in emissions. 

ii. Sealing off defective bags or filter media. 

iii. Replacing defective bags or filter media, or otherwise repairing the control 

devices. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 30 OF 35 

iv. Sealing off a defective baghouse compartment. 

v. Cleaning the bag leak detection system probe, or otherwise repairing the bag 

leak detection system. 

vi. Shutting down the process producing the particulate emissions. 

24. The Battery Recycling Company Inc. shall comply with all of the notification 

requirements of section 63.9 of Subpart A, of 40 CFR, according to section 63.549(a) of 40 

CFR. In addition, shall submit the fugitive dust control standard operating procedures 

manual for baghouses required under section 63.545(a) of 40 CFR and the standard 

operating procedures manual for baghouses required under section 63.548(a) of 40 CFR to 

the EQB along with a notification that the smelter is seeking review and approval of these 

plans and procedures. [40 CFR §63.549(b)] 

25. The Battery Recycling Company Inc. shall comply with all of the recordkeeping 

requirements under section 63.10 of the Subpart A of 40 CFR according to section 63.550(a) 

of 40 CFR. In addition, shall comply with the applicable requirements of recordkeeping and 

reporting described in section 63.550 of 40 CFR. 

26. The Battery Recycling Company Inc. shall maintain files of all information (including all 

reports and notifications) required by this permit and Subpart X of 40 CFR Part 63 recorded 

in a form suitable and readily available for expeditious inspection and review. The files shall 

be retained for at least 5 years following the date of each occurrence, measurement, 

maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of 

data shall be retained on site. The remaining 3 years of data may be retained off site. [40 

CFR section 63.10(b)(1)].

27. If a compliance test demonstrates that The Battery Recycling Company Inc. emitted lead 

compounds at 1.0 milligram of lead per dry standard cubic meter (0.00044 grains of lead per 

dry standard cubic foot) or less during the time of the compliance test, TBRCI shall be 

allowed up to 24 calendar months from the previous compliance test to conduct the next 

annual compliance test for lead compounds, according to section 63.543(i) of 40 CFR. 

Section VII - Insignificant Emission Units 

TBRCI provided the following list of insignificant activities for a better understanding of its 

operations and layout. Since there is no requirement to update this list, activities may have changed

since this filing; however, TBRCI must include the list for insignificant activities, which are 

exempted because of size or production rate, and some may need a construction permit under Rule 

203 of the RCAP.
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 31 OF 35 

Emission Unit ID Description (Basis for exemption)

One Emergency Electric Generator of 

755 hp 

Emergency Generator with an operation rate equal or

less than 500 hours per year. [Appendix B 

Section(3)(ii)(O) of RCAP]. 

Storage tank for propane Storage tanks with a capacity of less than 10,000 

gallons [Appendix B(3)(ii)(N) of RCAP]. 

Section VIII - Permit Shield 

A. As specified under Rule 603(D) of the RCAP, compliance with the conditions of the permit 

shall be deemed compliance with any applicable requirement as of the date of permit 

issuance, but only if such applicable requirement is included and specifically identified in the 

permit. Moreover, the permittee shall be deemed in compliance with any other requirement 

specifically identified in the permit as Non Applicable. 

1. Non Applicable Requirements 

Non applicable requirements 

State Code Reason 

Malfunction Rule 105(G) of the RCAP Does not apply to sources 

subject to Part VI of the RCAP. 

 

Section IX - Permit Approval 

Pursuant to the powers granted to the Environmental Quality Board by the Environmental Public 

Policy Act, Public Law Number 416 of September 22, 2004, as amended, and after verifying the 

administrative record and in compliance with the Uniform Administrative Procedures Act, Public 

Law Number 170 of August 12, 1998, as amended, the US Clean Air Act, the Puerto Rico 

Environmental Public Policy Act and the Environmental Quality Board Regulations for the Control 

of Atmospheric Pollution, the Environmental Quality Board approves the permit and the terms and 

conditions stipulated therein. 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 32 OF 35 

In San Juan, Puerto Rico, [month, day, year].

ENVIRONMENTAL QUALITY BOARD 

Edwin Irizarry Lugo, Esq. Reynaldo Matos Jiménez 

Vice President Associate Member 

Pedro J. Nieves Miranda, Esq. 

President
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 33 OF 35 

APPENDIX

 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 34 OF 35 

Appendix A - Definitions and Abbreviations 

I. Definitions: 

1. Permittee-Person and/or entity to which the Puerto Rico Environmental 

Quality Board has emitted an Operating Permit for an Emission Source 

under Title V. 

2. Regulation-Regulation for the Control of Atmospheric Pollution of the 

Environmental Quality Board. 

3. Responsible Official-As defined in the Regulation for the Control of 

Atmospheric Pollution of the Environmental Quality Board. 

4. Title V-Title V of the Clean Air Act (42 U.S.C. 7661)

II. Abbreviations: 

AP-42 Compilation of Air Pollutant Emission Factors 

Btu British Thermic Unit 

CFR United States Code of Federal Regulations 

CO Carbon Monoxide 

dscf Dry Standard Cubic Feet 

dscm Dry Standard Cubic Meter

EPA Environmental Protection Agency 

EQB Environmental Quality Board of Puerto Rico 

HAP Hazardous Air Pollutant 

hp Horsepower 

lb Pounds

MMBtu Million Btu 

MACT Maximum Achievable Control Technology

NAAQS National Ambient Air Quality Standards 
THE BATTERY RECYCLING COMPANY, INC. 

ARECIBO, PUERTO RICO 

PFE-TV-3341-07-1005-1692 

PAGE 35 OF 35 

NOx Oxides of nitrogen 

NSPS New Source Performance Standard

ppm Parts per million

PM Particulate matter 

PM10 Particulate matter with particulate has an aerodynamic mass equal or 

less than ten (10) microns. 

RCAP Regulations for the Control of Atmospheric Pollution of the 

Environmental Quality Board 

RMP Risk Management Plan 

SIC Standard Industrial Classification 

SOP Standard Operating Procedures 

SOx Sulfur Oxides 

SO2 Sulfur Dioxide 

VOC Volatile Organic Compound