Cruz A. Matos Environmental Agencies Bldg., San Jos é 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 Regulation s, 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 po llutants limited to the emission units and conditions described in this permit. Until such ti me 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 wi th air pollutant sources in accordance with the requirements, limitations and conditions of this pe rmit.

The conditions in this permit are federally and sta te 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 Sta ndards for Hazardous Air Pollutants for Secondary Lead Smeltin g (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 ........

................................................... ................................................... 34THE 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 Nieve s President

Phone Number: 787-880-5373

Fax: 787-879-4325

Primary SIC Code: 3341THE 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 an d the production of secondary lead of different specifications.

TBRCI processes 66.67 tons per day of used lead batterie s. 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 kettle s 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 combus tion at each of the five kettles are discharged to the atmosphere through separate stacks.

This facility is a minor source of emissions. Norm ally, 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 St andards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelting (40 CFR Part 6 3, Subpart X), area sources (minor sources) subject to such regulation must obtain a Title V pe rmit. The facility is also affected by the New Source Performance Standard (NSPS) for Secondary Le ad 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 m 3 , 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 feet 3 / 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 89.7 6 gallons per hour with a maximum sulfur content of 0.5% by weight. With a capacity of 12.0 milli ons 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 capacit y 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

feet 3 /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 on e consumes used oil at a rate of 18.48 gallons per ho ur 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 fort h in this permit. Any violation of the terms of this permit will be subject to administrative, c ivil or criminal penalties as established in the Puerto Rico Environmental Public Policy Act, Articl e 16 (Act Number 416, September 22, 2004, as amended).

2. Right of Entry: As specified under Rules 103 and 603(c)(2) of the R CAP, TBRCI shall allow the Board or an authorized representative, up on 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 whe re 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 r ecords 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 (includ ing monitoring and air pollution control equipment), practices or operations (includ ing QA/QC methods) regulated or required under this permit; as well as sampling emi ssions of air quality and fuels; andTHE 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 R CAP (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 emissi on 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 av ailable for public inspection and may also be made available to the public in any additional m anner 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 ade quate safety practices, and provides

for the reduction or retention of the emissions fro m the plant during periods classified by the Board as air pollution alerts, warnings or emer gencies. These plans shall identify the emission sources, include the reduction to be accom plished for each source, and the means by which such reduction will be accomplished. Thes e 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 meas ures shall provide for continuous compliance with applicable rules and regulations. Such equipment or measures shall be installed, maintained, and operated according to th ose conditions imposed by the Board, within the specified operating limitations of the m anufacturer.

b. The collected material from air pollution control e quipment 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 ac cordance with applicable rules and regulations.

c. The Board may require, when deemed appropriate to s afeguard the health and welfare of human beings, the installation and maintenance of a dditional, 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 pollutionTHE BATTERY RECYCLING COMPANY, INC.

ARECIBO, PUERTO RICO

PFE-TV-3341-07-1005-1692

PAGE 5 OF 35

control equipment be operated continuously and conj unctionally with the primary air pollution control equipment.

d. All air pollution control equipment shall be operat ed 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. Su ch prior notice shall include, but is not limited to the following:

(1) Identification of the specific source to be taken o ut 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 polluta nts likely to be permitted during the shutdown period.

(4) Measures such as the use of off-shift labor and equ ipment that will be taken to minimize the length of the shutdown period.

(5) The reasons why it will be impossible or impractica l 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 co ntrol equipment, in a manner consistent with the original manufacturers design s pecifications and in compliance with applicable rules and regulations and permit conditi ons.

7. Compliance Certification: As specified under Rule 602(c)(2)(ix)(C) of the R CAP, TBRCI shall submit each year a compliance certification. This certification must be submitted to

both the Board and the EPA 1 no later than April 1 st 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: Ma nager, 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 – Re gion II, Centro Europa Building, 1492 Ponce de Leon Ave. Sto p 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 ide ntified and taken into account in the compliance certification; and

c. A statement indicating whether the compliance was c ontinuous 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 per iod 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 determ ine the compliance status of a

source.

8. Regulation Compliance: As specified under Rule 115 of the RCAP, any viol ation 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, app roval, 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 const ruction of a major stationary source, or the modification of a major stationary source, or a maj or modification of a significant source, without obtaining first a location approval from th e Board and without first demonstrating compliance with the National Ambient Air Quality St andards (NAAQS). This permit does

not allow the construction of new minor sources wit hout the required permit under Rule

203 of the RCAP.

10. Open Burning: As specified under the Rule 402 of the RCAP, the p ermittee shall not cause or permit the open burning of refuse in their premi ses 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, TBRCI shall 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 de signated 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 follow ing terms will apply during the duration of this permit:

a. Expiration: This authorization shall have a fixed t erm 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 e xpiration 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 challeng e by third parties, the permit shall remain in effect until the time it is revoked by a court o f 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 dat a and support information for a period of 5 years from the date of the monitoring sample, measu rement, 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 eve ry 6 months, on October 1 st and April 1 stTHE 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 perm it requirements must be clearly identified in such reports. All required reports must be cert ified 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 sudd en 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 limit ations 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 ac tion, the permittee shall demonstrate that such deviation occ urred due to an emergency and that the Board was adequately notified. If such emergency d eviation 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 satisfact ion 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 im pact 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 emi ssions 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 r egulated 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 th e deviation, a detailed written report which includes probable causes, time and duration of the deviation, remedial action taken, and steps which a re being taken to prevent a reoccurrence.



### 18. Severability Clause: As established under Rule 603(a)(6) of the RCAP, t he 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 even t 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 spec ific 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, TBRCI must comply with all conditions of this permit. Permit noncompliance constitutes a violation of the RCAP and will be grounds for taking the appropr iate enforcement action, imposeTHE BATTERY RECYCLING COMPANY, INC.

ARECIBO, PUERTO RICO

PFE-TV-3341-07-1005-1692

PAGE 9 OF 35

sanctions, revoke, terminate, modify, and/or reissu e 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 n ecessary 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, reis sued, 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 tim e, any information that the Board may request in writing to determine whether cause e xists for modifying, revoking and reissuing, or terminating the permit or to determin e compliance with the permit. Upon

request, TBRCI shall also furnish to the Board copies of records r equired to be kept by the permit.



### 24. Prohibition on Default Issuance: As specified under Rule 605(d) of the RCAP, it sha ll never be considered that a permit has been issued b y 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 Modifica tions: As specified under Rule 606 of the RCAP, the permit shall not be amend ed nor modified unless TBRCI complies with the requirements for administrative p ermit amendments and permit

modifications as described in the RCAP.



### 26. Permit Reopenings: As specified under Rule 608(a)(1), this permit shal l be reopened and revised under the following circumstances:

a. Whenever additional applicable requirements under a ny 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 com pleted 18 months after promulgationTHE 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 per mit 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 cont ains 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 c hange its name, the responsible official must submit an admin istrative 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 d ays after the change, an administrative amendment including a sworn statement in which he/s he 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 i s 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 stat ement in which the new responsible official accepts and promises to comply with all th e conditions of this permit, and a written agreement containing a specific date for transfer o f permit responsibility, coverage, and liability between the current and new permittee. T his 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 w hen conducting any renovation or demolition activities of asbestos containing materi als at the facility.



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

TBRCI from complying with all other applicable state or f ederal laws, regulations, permits, administrative orders or applicable court orders.



### 31. Requirements for Refrigerants (Climatologic and Strat ospheric Ozone Protection):

a. In the event that TBRCI has equipment or appliances, including air conditio ning units, which use Class I or II refrigerants as defined in 40 CFR part 82, subpart A, AppendicesTHE 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 al l maintenance, service or repair services performed are done so ac cording to the practices, certification and personnel requirements, disposition requirement s, and recycling and/or recovery equipment certification requirements specified unde r 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 adde d 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 substanc e refrigerant (or regulated substitute substance) in the motor vehicle air conditioner (MV AC), 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 a s used in subpart B does not include a vehicle in which final assembly of the vehicle ha s 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 passen ger 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 subst ance is stored or transported, all products containing a class I substance, and all products di rectly 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 mus t 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 per mittee is subject to the 40 CFR Part 68, he/she shall submit a Risk M anagement Plan according with the compliance schedule in the 40 CFR Section 68.10. I f 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 co ntrolled substance under section 112(r) of the Clean Air Act or any other extremely hazardo us substance in a process, using appropriate hazard assessment techniques, designing , maintaining, and operating a safe facility and minimizing the consequences of acciden tal 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 cont aining organic compounds without previous notification to the Board. The use of use d oil or hazardous waste for roof surface coating is prohibited. [This is a state-only requir ement.]



### 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-07-0104-0 018-I-II-C]

b. The electric generator shall use diesel as fuel wit h 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 g enerator 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 disp lacement 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 n o 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 structur es, construction operations, quarrying operations, the grading of roads, or the clearing o f 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 t he emissions originate.

38. Emissions Calculations : TBRCI shall submit, on or before April 1 st of each year, the actual or permissible emissions calculations for th e previous calendar year. The emissions calculations shall be submitted on the forms prepar ed by EQB for this purpose and the responsible official must certify all the informati on 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 eac h 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 Ju ne 30 of each year.

40. New or Amended Regulation: Whether a federal or state regulation is promulga ted or amended and the facility is affected by it, the own er 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 Reciproca ting Internal Combustion Engines (RICE) 2 , not been tested at a stationary cell/stand is aff ected by the National Emission

Standards for Hazardous Air Pollutants for stationa ry Reciprocating Internal Combustion Engines contained in the 40 CFR part 63, Subpart ZZ ZZ, and according to the sources category will be subject to the applicable requirem ents 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 lim itations and/or operating limitations of this subpart; on or before June 15, 2007 for an exi sting stationary RICE, no later than August 16, 2004 if you start up your new or reconst ructed stationary RICE before August 16, 2004, upon start up if your new or reconstructe d 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 Boa rd 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 en force the terms of the Title V permits, including but not limited to the right to seek inju nctive relief, and imposition of statutory penalties, and/or fines.

b. Nothing herein shall be construed to limit the righ ts 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 auth ority of EPA or the Board to undertake any actions in response to conditions tha t present an imminent and substantial endangerment to public health or welfare, or the en vironment.

d. Nothing herein shall be construed to limit TBRCI's rights to administrative hearing and judicial appeal of termination/ revocation/ dispute s over modification/ denial actions in accordance with regulations and the Environmental P ublic Policy Act.

e. The Environmental Quality Board and EPA reserve its right to require additional performance tests or test for any or all the pollut ants that the source emits.

Section IV – Allowable Emissions

A. The emissions described on the following table r epresent the facility allowable emissions at the moment of the permit application and will be us ed only for payment purposes. According to Resolution RI-06-02 3 , the emission calculations shall be based on TBRCI's actual emissions, although calculations based on th e facility allowable emissions will be accepted. If TBRCI decides to realize the calculations based on allowa ble 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 ton nage, 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 oper ation fees and charges for Title V renewal permits (Procedimiento de Pago de los cargos de operación d e Título V y Cargos por renovación de permiso Títul o 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

SO 2 59.68

NO

x 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

SO 2 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 emissi on 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 t o determine the particulate matter concentration during representative periods of furn ace operation, including charging and tapping. The sampling time and sample volume for ea ch 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 th irty (30) days prior to the start of the test, a detailed test protocol describing all test equipm ent, 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 opportu nity 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 rep ort 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 ap plication.

b. VISIBLE EMISSIONS LIMIT:

(i) The permittee shall not exceed the opacity limi t of 20% for unit EU-1. [40 CFR §60.122(a)(2)]

(ii) The permittee shall conduct an initial perform ance test according to 40 CFR §60.8 using Method 9 described in 40 CFR, Part 60, Appendix A a nd 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 le ast thirty (30) days prior to the start of the test

, a detailed test protocol describing all test equipm ent, procedures, and Quality Assurance measures to be used. [Regla 106(C) of the RCAP]

(iv) The permittee shall notify in writing the Boar d at least fifteen (15) days of prior of the initia l test under Method 9, to allow the Board the opportu nity 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 rep ort 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 ap plication.

c. SULFUR CONTENT LIMIT:

(i) The permittee shall not burn or allow the use of an y fuel with a sulfur content, which exceeds 0.5% by weight, in unit EU-1. [PFE-RA-07-0 104-0018-I-II-C]

(ii) The permittee shall keep a copy of the fuel supplie r certification indicating the fuel sulfur content to demonstrate compliance with the requirem ent of keeping a daily record of the sulfur content in used oil. The permittee shall ob tain this sulfur content certification with each delivery of fuel at the site before the transf er 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 i ndicate 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) t hat 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 personne l of the Board. [PFE-RA-07-0104-0018-I-IIC]

(iv) The permittee shall submit a monthly report indicat ing on a daily basis, the sulfur content (percent by weight) in the fuel consumed and the qu antity 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 availabl e 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 sul fur content in the fuel burned.

(vi) The permittee shall submit, with each annual compli ance 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 sha ll be calculated by adding the monthlyTHE 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 consumpt ion for the unit for the previous 11 months. [PFE-RA-07-0104-0018-I-II-C]

(ii) The permittee shall install, maintain, and ope rate flow meters at the exit of each storage tank used to store fuel (for used oil) that feeds the fu rnace burner EU-1. The flow meters shall be operated and maintained according to the manufac turers’ recommendation. Each flow meter shall be calibrated every six months, as mini mum. The permittee shall maintain the records that indicate the date, hour, and results o f the calibration of the flow meters and the maintenance provided to the flow meters available a t 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 pe riod of five (5) years from the date of the monitoring sample, measurement, report or applicati on. These include the records of the monthly and annual fuel consumption reports.

(iv) The permittee shall submit, with each annual compli ance 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

SO 2 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 MonthlyTHE 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 emissi on of particulate matter, from any equipment burning solid or liquid fuel, in excess o f 0.3 lb/MMBtu of heat input. [Rule 406 of the RCAP]

(ii) The permittee shall conduct a performance test duri ng the first year of the permit using Method 5 described in 40 CFR, Part 60, Appendix A t o determine the particulate matter concentration during representative periods of oper ation.

(iii) The permittee shall submit to the Board at least th irty (30) days prior to the start of the test, a detailed test protocol describing all test equipm ent, 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 opportu nity 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 rep ort 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 ap plication.

b. VISIBLE EMISSIONS LIMIT:

(i) The permittee shall not exceed the opacity limi t 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 inte rval. [Rule 403(A) of the RCAP]

(ii) The permittee shall contract an independent op acity 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 le ast thirty (30) days prior to the start of the test

, a detailed test protocol describing all test equipm ent, 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 Boar d at least fifteen (15) days of prior of the initia l test under Method 9, to allow the Board the opportu nity 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 rep ort 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 ap plication.

c. SULFUR CONTENT LIMIT:

(i) The permittee shall not burn or allow the use of an y 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 supplie r certification indicating the fuel sulfur content to demonstrate compliance with the requirem ent of keeping a daily record of the sulfur content in used oil. The permittee shall ob tain this sulfur content certification with each delivery of fuel at the site before the transf er 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 i ndicate 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 fue l storage tank (for used oil) that feeds the burners in units EU-2, EU-3, EU-4, EU-5, and EU-6 t o determine the fuel consumption. These records shall be kept available at any time a t the facility for the revision of the technical personnel of the Board. [PFE-RA-07-0104-0 018-I-II-C]

(iv) The permittee shall submit a monthly report indicat ing on a daily basis, the sulfur content (percent by weight) in the fuel consumed and the qu antity 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 availabl e 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 sul fur 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 compli ance 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 ope rate flow meters at the exit of each storage tank used to store fuel (for used oil) that feeds the bu rners of units EU-2, EU-3, EU-4, EU-5, and EU-6. The flow meters shall be operated and mainta ined according to the manufacturers’

recommendation. Each flow meter shall be calibrate d 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 te chnical 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 pe riod of five (5) years from the date of the monitoring sample, measurement, report or applicati on. These include the records of the monthly and annual fuel consumption reports.

(vi) The permittee shall submit, with each annual compli ance 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

SO 2 emission

limit Sulfur Content 15 Gr/100 ft 3 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 MonthlyTHE 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 an y 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 supplie r certification indicating the fuel sulfur content to demonstrate compliance with the requirem ent of keeping a daily record of the sulfur content in propane. The permittee shall obt ain this sulfur content certification with each delivery of fuel at the site before the transf er 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 i ndicate 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 ea ch 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 indicat ing on a daily basis, the sulfur content (percent by weight) in the fuel consumed and the qu antity 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 availabl e 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 sul fur content in the fuel burned.

(vi) The permittee shall submit, with each annual compli ance 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 ope rate flow meters at the exit of each storage tank used to store fuel (for used oil) that feeds the bu rners 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 sha ll 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 maint enance provided to the flow meters available at any time at the facility for the revis ion 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 pe riod of five (5) years from the date of the monitoring sample, measurement, report or applicati on. These include the records of the monthly and annual fuel consumption reports.

(viii) The permittee shall submit, with each annual compli ance 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-07-01 04-0018-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 indicat ing on a daily basis, the specifications in the used oil. This report shall b e 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 represe ntative 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 Second ary 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 compound s in excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 grains of lea d 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 th e 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 complianc e 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 foll owing 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 sou rces, 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 tappin g;

c. Smelting furnace slag taps, and molds during tappin g;

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 ven tilation that maintains the building at a lower than ambient pressure to ensure in-draft thro ugh any doorway opening or shall be equipped with an enclosure hood meeting the followi ng requirements, as specified in section 63.544(b) of 40 CFR:

a. All process fugitive enclosure hood except those sp ecified for refining kettles and dryer transition pieces shall be ventilated to main tain 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 refin ing 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 drye r 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 th ese 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 s ection 63.544(c) of 40 CFR.

9. The Battery Recycling Company Inc. shall achieve compliance with the control requirements of process fugitive emission, accordin g 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 sta ndard operating procedures manual that describes in detail the measures that will be put i n place to control fugitive dust emission sources within the areas of the secondary lead smel ter that is listed next:

a. Plant roadways

b. Battery breaking area

c. Furnace area

d. Refining and casting area, andTHE 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 co ntrols specified in the Standard Operating

Procedures Manual shall at a minimum include the fo llowing requirements:

a. Plant roadways: paving of all areas subject to vehi cle traffic and pavement cleaning twice per day of those areas, except on days when n atural precipitation makes cleaning unnecessary.

b. Battery breaking area: partial enclosure of storage piles, wet suppression applied to storage piles with sufficient frequency and quantit y to prevent the formation of dust, and pavement cleaning twice per day; or total enclo sure of the battery breaking area.

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

enclosure and ventilation of the enclosure to a con trol device.

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

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

e. Materials storage and handling area: partial enclos ure of storage piles, wet suppression applied to storage piles with sufficien t frequency and quantity to prevent the formation of dust, vehicle wash at each exit fr om the area, and paving of the
area; or total enclosure of the area and ventilatio n of the enclosure to a control device, and a vehicle wash at each exit.

13. The Standard Operating Procedures Manual shall requ ire that daily records be maintained of all wet suppression, pavement cleaning, and vehicle washing activities performed to control fugitive dust emissions, according to section 63.54 5(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 venti lation system any gases that contain lead compounds in excess of 2.0 milligrams of lead per d ry 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 sta rtup 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 d etermine 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 r equirements under section 63.544(b) of 40 CFR for process fugitive en closure 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 S tandard Operating Procedures Manual that describes in detail procedures for inspection, main tenance, and bag leak detection and corrective action plans for all baghouses (fabric f ilters) that are used to control process, process fugitive, or fugitive dust emissions from a ny source subject to the lead emission standards in sections 63.543, 63.544, and 63.545, i ncluding those used to control emissions from building ventilation. This provision shall no t apply to process fugitive sources that are controlled by wet scrubbers.

19. The Standard Operating Procedures Manual for ba ghouses required in section 63.548(a) of 40 CFR shall be submitted to the Environmental Qual ity 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 pro cedures specified in the standard operating procedures manual for inspections and rou tine maintenance shall, at a minimum, include the following requirements :

a. Daily monitoring of pressure drop across each bagho use cell..

b. Weekly confirmation that dust is being removed from hoppers through visual inspection, or equivalent means of ensuring the pro per 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 sha ker-type baghouses. Such checks are not required for shaker-type baghouses u sing 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 bui ldup, and corrosion through visual inspection, vibration detectors, or equivalent mean s.

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 us ed to control process, process fugitive, or fugitive dust emissions from any sourc es subject to the lead emission standards in sections 63.543, 63.544 or 63.545 of 4 0 CFR are exempt from this requirement, to be equipped with a bag leak detecto r. According to section 63.548(h) of 40 CFR, baghouses that are used exclus ively 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 equipp ed with a bag leak detector.

21. The procedures specified in the standard operating procedures manual for maintenance shall, at a minimum, include a preventative maninte nce schedule that is consistent with the baghouse manufacturer’s instructions for routine an d long-term maintenance, according to 63.548(d) of 40 CFR.

22. As specified in section 63.548(e) of 40 CFR, the ba g leak detection system required by condition 20(i) of this permit, shall meet the foll owings specifications and requirements:

a. The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentra tions of 10 milligram per actual cubic meter (0.0044 grains per actual cubic foot) o r less.

b. The bag leak detection system sensor must provide o utput 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 an d operated in a manner consistent with available written guidance from the U.S. Envir onmental 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 manufa cturer’s written specifications

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

e. The initial adjustment of the system shall, at mini mum, 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 t he 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 permi t. In no event shall the sensitivity be increased by more than 100 percent o r decreased more than 50 percent over a 365 day period unless such adjustment follow s a complete baghouse inspection which demonstrates the baghouse is in go od operating condition. .

g. For negative pressure, induced air baghouses, and p ositive pressure baghouses that are discharged to the atmosphere through a stack, t he bag leak detector must be installed downstream of the baghouse and upstream o f 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 b y section 63.548(a) of 40 CFR and contidion 18 of this permit, shall include a correc tive 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 proced ures used to determine and record the

time and cause of the alarm as well as the correcti ve actions taken to correct the control device malfunction or minimize emissions as specifi ed in section 63.548(f) of 40 CFR:

a. The procedures used to determine the cause of the a larm 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 brok en filter elements, or any other malfunction that may cause an increase in emi ssions.

ii. Sealing off defective bags or filter media.

iii. Replacing defective bags or filter media, or otherw ise 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 ot herwise 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 CF R, according to section 63.549(a) of 40 CFR. In addition, shall submit the fugitive dust c ontrol 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 o f 40 CFR according to section 63.550(a) of 40 CFR. In addition, shall comply with the appl icable 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 expedi tious 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 ye ars 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, accordin g to section 63.543(i) of 40 CFR.

Section VII - Insignificant Emission Units

TBRCI provided the following list of insignificant activ ities for a better understanding of its operations and layout. Since there is no requireme nt 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 so me 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, comp liance with the conditions of the permit shall be deemed compliance with any applicable requ irement as of the date of permit issuance, but only if such applicable requirement i s 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 Applic able.

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 Un iform 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 Environment al 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.

PresidentTHE BATTERY RECYCLING COMPANY, INC.

ARECIBO, PUERTO RICO

PFE-TV-3341-07-1005-1692

PAGE 33 OF 35



## APPENDIXTHE 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 Envir onmental Quality Board has emitted an Operating Permit for a n 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 StandardsTHE BATTERY RECYCLING COMPANY, INC.

ARECIBO, PUERTO RICO

PFE-TV-3341-07-1005-1692

PAGE 35 OF 35

NO

x Oxides of nitrogen

NSPS New Source Performance Standard

ppm Parts per million

PM Particulate matter

PM 10 Particulate matter with particulate has an aerodyna mic mass equal or

less than ten (10) microns.

RCAP Regulations for the Control of Atmospheric Pollutio n of the

Environmental Quality Board

RMP Risk Management Plan

SIC Standard Industrial Classification

SOP Standard Operating Procedures

SO

x Sulfur Oxides

SO 2 Sulfur Dioxide

VOC Volatile Organic Compound