## K A **N S A**

**S** RODERICK L. BREMBY, SECRETARY KATHLEEN SEBELIUS, GOVERNOR DEPARTMENT OF HEALTH AND ENVIRONMENT

DIVISION OF ENVIRONMENT Bureau of Air & Radiatio n Air Construction/Operating Permits & Compliance Section CURTIS STATE OFFICE BUILDING, 1000 SW JACKSON ST., STE 310, TOPEKA, KS 66612 - 1366 Voice 785 - 296 - 1570 Fax 785 - 291 - 3953 http://www.kdhe.state.ks.us

Printed on Recycled Paper 

### AIR EMISSION SOURCE **CLASS I OPERATING PERMIT** Source I D No.: 1250015 Effective Date: May 20, 2004 Revised Date: June 30, 2004 Expiration Date: May 19, 2009 Source Name: The Heartland Cement Company SI C Code: 3241, Portland Cement Manufacturing Industries NAI CS Code: 327310 Cement Manufacturing Source Location: Cement Street

In dependence, KS 67301 Mailing Address: P.O. Box 428

In dependence, KS 67301**Authority**

This permit, developed in accor dance with the provisions of K.A.R. 28 - 19 - 500 et seq. , Operating Permit, meets the requirements of K.A.R. 28 - 19 - 510 et seq. , Class I Operating Permits and Title V of the federal Clean Air Act. **Permit Intent** The purpose of this Class I Air Operating Perm it is to identify the emission sources, ty

pes of regulated air pollutants emitted from the facility , the emission limitations, standards and requirements applicable to each emission source, and the monitoring, record keeping and reporting requirements appl icable to each source as of the effective date of this permit. At the time of permit issuance, a Class I Air Emission Source Operating Permit was required because the facility ’s potential - to - emit PM 10 , NO x , SO x , and CO is above 100 tons per y ear and the p otential to emit a single Hazardous Air Pollutant (HAP) is above 10 tons per year.**TABLE OF CONTENTS**

**Section Page**  Facility Description ................................ ................................ ................................ .......................... 4 Summary of Applicable Requirements ................................ ................................ ............................ 4 Emission Source Information ................................ ................................ ................................ ........... 5 Applicable Requirements ................................ ................................ ................................ ................. 5 Facility - Wide Appl icable Requirements ................................ ................................ ........................ 15 Opacity Monitoring ................................ ................................ ................................ ........................ 17 Requirements Which Will Become Applicable During the Permit Term ................................ ..... 18 Permit Shield ................................ ................................ ................................ ................................ .. 18 Testing, Monitoring, Recordkeeping, and Reporting ................................ ................................ ..... 19 Reporting of Deviations from Permit Terms ................................ ................................ ................. 19 General Provisions ................................ ................................ ................................ ......................... 20 1. K.A.R. 28 - 19 - 11: Exceptions Due to Breakdowns or Scheduled Maintenance ............ 20 2. K.A.R. 28 - 19 - 752a: Hazardous Air Pollutants; L imitations Applicable to Construction of New Major Sources or Reconstruction of Existing Major Sources ...... 21 3. K.A.R. 28 - 19 - 753: Hazardous Air Pollutants; L imitations Applicable to Sources for Which the U.S. EPA Fails to Meet Certain Deadlines ................................ .............. 21 4. Permit Term and Renewal ................................ ................................ .............................. 22 5. Severability ................................ ................................ ................................ ..................... 22 6. Property

Rights ................................ ................................ ................................ ............... 22 7. Compliance ................................ ................................ ................................ ..................... 22 8. Compliance Certification ................................ ................................ ................................ 23 9. Emergency ................................ ................................ ................................ ....................... 23 10. In spection and Entry ................................ ................................ ................................ ....... 24 11. Permit Amendment, Modification, Reopening, and Changes Not Requiring a Permit Action ................................ ................................ ................................ .................. 24 12. Duty

to Provide Information ................................ ................................ ........................... 25 13. Duty

to Supplement ................................ ................................ ................................ ........ 25 14. Other Permits and Approvals; Applicability ................................ ................................ ... 25 15. Submissions ................................ ................................ ................................ .................... 26 Attachmen t A. Site Diagram Attachment B. Acrony

ms and Sy

mbols Attachment C. Emission Sources L isted with Their Applicable RequirementsAttachment D. Opacity Monitoring Summary **Facility Description** The plant produces cement using the dry process from raw material s from the on - site quarry and off - site sources. Calcareous, siliceous, and argillaceous raw materials are mined at the quarry and are crushed at the plant. Initially , these are staged at the plant in piles. These raw materials are ground and dried in the r aw mill and mixed in the blending silos. From the blending silos, the raw kiln feed is fed to the dry process cement kilns. The kilns are fixed by coal/coke and natural gas. The hot clinker from the kilns are cooled in the clinker coolers and stored in the clinker building. The clinker is ground with gy psum in various proportions in the finishing mills to produce different ty

pes of cement which are stored in silos. Grinding aid used in the finishing mills include glycol based materials and tall oil soap sol utions. From the silos, the cement is either shipped out in bulk by trucks and rail cars or in packaged form. Various ty pes of mechanical and pneumatic conveyors and elevators are used for material handling. Fabric filters are unitized throughout the plant fro product recovery and pollution control. The kiln exhausts are used for generating steam for on - site captive power generation and drying of raw materials. Fabric Filters are used for controlling kiln emissions. Clinker cooler emissions are controlled b y a combination of cyclones and the clinker cooler fabric filter. The waste heat boilers for generating power now fire natural gas. The plant operations also include support services such as maintenance, transportation, etc. **Summary of Applicable Require ments**  K.A.R. 28 - 19 - 20. Particulate Matter Emission L imitation ................................ ............................. 5 K.A.R. 28 - 19 - 30 through K.A.R. 28 - 19 - 32, Emission L imitations Indirect Heating Equipment . 15 K.A.R. 28 - 19 - 55 through K.A.R. 28 - 19 - 58, Emergency Episode Plans ................................ ....... 15 K.A.R. 28 - 19 - 202, Annual Fee P ay ment ................................ ................................ ....................... 15 K.A.R. 28 - 19 - 210, Calculation of Actual Emissions ................................ ................................ ..... 15 K.A.R. 28 - 19 - 517, Annual Emission Inventory ................................ ................................ ............ 15 K.A.R. 28 - 19 - 645, Open Burning ................................ ................................ ................................ .. 15 K.A.R. 28 - 19 - 650, Emissions Opacity L imits ................................ ................................ ................. 7 K.A.R. 28 - 19 - 735, Which Adopts by Reference 40 CFR Part 61, Subpart A and NESHAP for Asbestos, Subpart M ................................ ................................ ................................ ................ 16 K.A.R. 28 - 19 - 750, Which Adopts by Reference 40 CFR Part 63, Subpart A and NESHAP for Portland Cement Manufacturing, Subpart L LL ................................ ................................ .......... 9 40 CFR Part 68, Chemical Accident Prevention Provisions ................................ .......................... 16 40 CFR Part 82, Protection of Stratospheric Ozone ................................ ................................ ...... 16

**Emission Source Information**   5   22

A list of emission sources including emission source I Ds, emission source descriptions, Stack/Vent I D’s, and Control Equipment I D Numbers is included as Attachment C. **Applicable Requirement s**  The following provides a listing of the regulatory and permit requirements that are applicable to the facility

and the method(s) the facility will use to comply

with the requirements. A listing of the sources subject to each of the specific regulatory classifications, if any , is provided as Attachment C. **A. Kansas Administrative Regulations**  **A.1 K.A.R. 28**  **- 19**  **- 20, Particulate matter emission limitations**  **- Processing** 

**Equipment** Li mitation/ Standard: PM emissions are limited according to the following equations: for Process weight

< or = 30 tons/hr, E = 4.1(P 0.67 ), for Process weight > 30 tons/hr, E = 55(P 0.11 ) - 40. Where: E = the rate of emissions in lb/hr, P = the process weight rate in tons/hr Monitoring Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance. I f, however, any factors change that would affect th e potential particulate matter emission rate (process changes, emission factor increases, fuel changes, etc.), the potential particulate matter emission rate must be recalculated and evaluated against the rule limitation. Permit Condition Recordkeeping R ecords shall be maintained to ensure that this particulate matter

emission source is in compliance with the particulate matter emission rate limitation. I f, however, any factors change that would affect the potential particulate matter emission rate, recor ds shall be maintained of any

recalculations and evaluations. These records shall include the design rate capacity of the unit, emission factors used in calculations and potential/allowable emission rates. Permit Condition

**A.2 K.A.R 28**  **- 19**  **- 31, Indirect Heating Equipment, 1. Particulate Matter Emission** 

**Limitation 2. Opacity Limitations** 1. Li mitation/ Particulate matter emissions are limited to the amount determined by the following equation:   6   22

Standard: A = 1.026 I 0.233 Where: A = the allowable emission rate in lb/10 6 BTU I = the total heat input in 10 6 BTU/hr [K.A.R. 28 - 19 - 31(a)] Monitoring Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance. I f, however, any factors change that would affect the potential particulate matter emission rate (process changes, emission factor increases, fuel changes, etc.), the potential particulate matter emission rate must be recalculated and evaluated against the rule limitation. Permit Condition

Recordkeeping No recordkeeping is required at time of permit issuance.

If, however, any

factors change that would affect the potential particulate matter emission rate, records shall be maintained of any

recalculations and evaluations. These records shall include the design rate capacity of the unit, emission factors used in calculations and potential/allowable emission rates. Permit Condition

2. Li mitation/ Standard: The owner or operator shall not cause or permit visible contaminant emissions from

any indirect heating equipment which equals or exceeds 20 percent opacity except as provided in K.A.R. 28 - 19 - 11. [K.A.R. 28 - 19 - 31(b)(2)] Monitoring Due to potentially very low or nonexistent emissions because of operation on natural gas , no monitoring is required at time of permit issuance. I f the operation changes such that the visible emissions are no longer very low or nonexistent, the owner or operator shall comply with the requirements stated in the “Opacity Monitoring” section. Pe rmit Condition

Reporting Due to potentially very low or nonexistent emissions, none is required. Permit Condition Recordkeeping Due to potentially very low or nonexistent emissions, none is required. Permit Condition   7   22

**A.3 K.A.R 28**  **- 19**  **- 65**  **0(a)(3), Opacity Limitations, New Sources** Li mitation/ Standard: The opacity of visible emissions shall not exceed 20 percent except as provided at K.A.R. 28 - 19 - 11. [K.A.R. 28 - 19 - 650(a)(3)] Monitoring Due to potentially very low or nonexistent emission s, no monitoring is required at time of permit issuance. I f the operation changes such that the visible emissions are no longer very

low or nonexistent, the owner or operator shall comply

with the requirements stated in the “Opacity Monitoring” section. P ermit Condition Reporting Due to potentially very low or nonexistent emissions, none is required. Permit Condition Recordkeeping Due to potentially very low or nonexistent emissions, none is required. Permit Condition **A.4 K.A.R 28**  **- 19**  **- 6**  **50(a)(2), Opacity Limitations, Stationary Sources, Existing as of**

**January 1, 1971** Li mitation/ Standard: Opacity

of visible emissions from any emission unit shall not exceed 40% opacity for any emission unit, other than a portable source, existing on or b efore January 1, 1971 and that has not been relocated after January 1, 1971. Monitoring Conduct 1 - min qualitative assessment monthly . I f

visible emissions are observed conduct an additional 1 - minute qualitative assessment within twenty - four hours with a result of “No visible emissions,” or conduct a 6 - minute Method 9. The Method 9 test must begin within twenty - four hours of the original, or follow - up (if conducted), qualitative assessment during which visible emissions were observed, unless a follow - up qualitative assessment demonstrated no visible emission. Permit Condition

Reporting The owner or operator shall promptly report deviations from permit requirements, the probable cause of such deviations, and any

corrective actions or preventive measure s taken. To be considered prompt, deviations shall be reported as part of the routine semi - annual reporting requirements under K.A.R. 28 - 19 - 512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28 - K.A.R. 28 - 19 - 512(a)(11)(A), 28 - 19 - 11   8   22 19 - 11, un less otherwise specified in an applicable requirement. Recordkeeping A log shall be maintained noting the information

required in the “Opacity

Monitoring” section. The log will be updated prior to the end of the shif t during which the assessment occurred. Permit Condition

**A.5 K.A.R 28**  **- 19**  **- 650(a)(3), Opacity Limitations, New Sources**  Li mitation/ Standard: Opacity

of visible emissions from any emission unit shall not exceed 20% opacity for any emission unit that existed or was relocated after January 1, 1971. Monitoring Conduct 1 - min qualitative assessment monthly . I f

visible emissions are observed conduct an additional 1 - minute qualitative assessment within twenty - four hours with a result of “No vis ible emissions,” or conduct a 6 - minute Method 9. The Method 9 test must begin within twenty - four hours of the original, or follow - up (if conducted), qualitative assessment during which visible emissions were observed, unless a follow - up qualitative assess ment demonstrated no visible emission. Permit Condition

Reporting The owner or operator shall promptly report deviations from permit requirements, the probable cause of such deviations, and any

corrective actions or preventive measures taken. To be con sidered prompt, deviations shall be reported as part of the routine semi - annual reporting requirements under K.A.R. 28 - 19 - 512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28 - 19 - 11, unless otherwise spec ified in an applicable requirement. K.A.R. 28 - 19 - 512(a)(11)(A), K.A.R. 28 - 19 - 11

Recordkeeping A log shall be maintained noting the information

required in the “Opacity

Monitoring” section. The log will be updated prior to the end of the shift during whic h the assessment occurred. **B. 40 CFR Part 63 Subpart LLL National Emission Standards for Hazardous Air**  **Pollutants From the Portland Cement Manufacturing Industry** The owner or operator shall comply with the applicable requirements of 40 CFR Subpart A listed in Table 1 of 40 CFR 63 Subpart L LL. **B.1 40 CFR 63 NESHAP**  **- LLL, Standards for In**  **- line Kiln/Raw Mill System**    9   22

a. Limitation/ Standard: The owner or operator shall not cause the discharge of any gases containing particulate matter in excess of 0.30 lb per ton of feed to kiln as specified in 40 CFR 63.1343(b)(1). Testing The owner or operator shall demonstrate initial compliance by

performing testing. 40 CFR 63.1349(a) The owner or operator shall conduct performance tests with ra w mill on and off in accordance with 63.1349(b)(1)(i) - (iv). 40 CFR 63.1349(b)(1) Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be repeated every

five y ears, except that the owner or operator of a kiln, in - line kiln/raw mill or clinker co oler is not required to repeat the initial performance test of opacity for the kiln, in - line kiln/raw mill or clinker cooler. 40 CFR 63.1349(c) The owner or operator shall conduct performance tests if change in operations may

adversely

affect compliance with an applicable PM standard. 40 CFR 63.1349(e)(2) (3) Reporting The owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specifie d in 40

CFR 63.1355 40 CFR 63.1355(a)(b) (c) b. L imitation/ Standard: The owner or operator shall not cause the discharge of any gases exhibiting an opacity greater than 20% as specified in 40 CFR 63.1343(b)(2). Monitoring The owner or operator shal l monitor opacity at each point where emissions are vented, including alkali by passes. 40 CFR 63.1350(c) The owner or operator shall operate COMs at the outlet of each applicable PM control device. 40 CFR 63.1350(c)(1) The owner or operator shall maint ain opacity at 20% or below for each 6 - minute average to remain in compliance. 40 CFR 63.1350(c)(3) Testing The owner or operator shall demonstrate initial compliance by

performing testing. 40 CFR 63.1349(a) The owner or operator shall demonstrate opaci ty using COM during Method 5 performance tests. 40 CFR 63.1349(b)(1) (v) The owner or operator shall conduct performance tests if a change in operations may

adversely

affect compliance with an applicable PM standard. 40 CFR 63.1349(e)(2, 3) Reporting Th e owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specified in 40 40 CFR   10   22 CFR 63.1355 63.1355(a)(b) (c) c. Limitation/ Standard : The owner or operator shall not cause the discharge of any gases containing D/F in excess of 0.20 ng per dscm (TEQ) corrected to 7% O 2 , or 0.40 ng per dscm (TEQ) corrected to 7% O 2 when the average of the performance test run average temperatures at th e inlet to the particulate matter control device is 400  F or less as specified in 40 CFR 63.1343(b)(3). Monitoring The owner or operator shall monitor D/F emissions in accordance

with 63.1350(f)(1) - (6). 40 CFR 63.1350(f) The owner or operator shall co nduct an inspection of the components of the combustion sy stem of each kiln or in - line kiln raw mill at least once per y ear. 40 CFR 63.1350(i) Testing The owner or operator shall demonstrate initial compliance by

performing testing. 40 CFR 63.1349(a) Th e owner or operator shall conduct performance tests with raw mill on and off in accordance with 63.1349(b)(3)(i) - (iv). 40 CFR 63.1349(b)(3) The owner or operator shall repeat performance tests every 30 months. 40 CFR 63.1349(d) The owner or operator sh all conduct performance tests if change in operations may

adversely

affect compliance with an applicable D/F standard. 40 CFR 63.1349(e)(1, 3) Reporting The owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CF R 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specified in 40

CFR 63.1355 40 CFR 63.1355(a)(b) (c) d. L imitation/ Standard: The temperature of the gas inlet to the kiln particulate matter control device

(PMCD) and alkali by

pass PMCD must not exceed the raw mill on and off limits established during the performance test as specified in 40 CFR 63.1344(a).

Monitoring The owner or operator shall monitor D/F emissions in accordance

with 63.1350(f)(1) - (6). 40 CFR 63.1350 (f) Testing The owner or operator shall demonstrate initial compliance by

performing testing. 40 CFR 63.1349(a)   11   22 The owner or operator shall conduct performance tests with raw mill on and off in accordance with 63.1349(b)(3)(i) - (iv). 40 CFR 63.1349(b)(3) The owner or operator shall repeat performance tests every 30 months. 40 CFR 63.1349(d) The owner or operator shall conduct performance tests if change in operations may

adversely

affect compliance with an applicable D/F standard. 40 CFR 63.1349(e)(1, 3) Reporting The owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specified in 40

CFR 63.1355 40 CFR 63.1355(a)(b) (c) **B.2 40 CFR 63 NESHAP**  **- LLL, Standards for Clinker Coolers**  a. Li mitation/ Standard: No owner or operator shall cause to be discharged into the atmosphere from the

clinker cooler any

gases which (1)contain particulate matter in excess of 0.10 lb per ton of feed (dry

basis) to the kiln [40 CFR 63.1345(a)(1)]. Testing The owner or operator shall demonstrate initial compliance by

performance testing. 40 CFR 63.1349(a) Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be repeated ever

y five y ears, except that the owner or operator of a kiln, in - line kiln/raw mill or clinker cooler is not required to repeat the initial performance test of opacity for the kiln, in - line kiln/raw mill or clinker cooler. 40 CFR 63.1349(c) The owner or ope rator shall conduct performance tests in accordance with 63.1349(b)(1) - (4). 40 CFR 63.1349(b) Reporting The owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specified in 40

CFR 63.1355 40 CFR 63.1355(a)(b) (c) b. Li mitation/ Standard: No owner or operator shall cause to be discharged into the atmosphere from the

clinker cooler any

gases which exhibit an opacity greater than 10% [40 CFR 63.1345(a)(2)]. Monitoring The owner or operator shall monitor opacity at each point where emissions are vented. 40 CFR 63.1350(d) Opacity shall be maintained at 10% or less for each 6 - minute average except during startups, shutdowns, & Mal functions. 40 CFR 63.1350(d)(3)   12   22 The owner or operator shall operate a COM at the outlet of the clinker cooler PM control device. 40 CFR 63.1350(d)(1) Testing The owner or operator shall demonstrate initial compliance by

performance testing. 40 CFR 63.13 49(a) The owner or operator shall demonstrate opacity using COM during Method 5 performance tests. 40 CFR 63.1349(b)(1) (v) Reporting The owner or operator shall submit all reports and notifications as

specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) R ecordkeeping The owner or operator shall maintain records as specified in 40

CFR 63.1355 40 CFR 63.1355(a)(b) (c) **B.3 40 CFR 63 NESHAP**  **- LLL, Standards for Finish Mills**  Li mitation/ Standard: The owner or operator shall not cause to be dis charged from the mill sweep or air

separator air pollution control devices of these affected sources any gases which exhibit opacity

in excess of ten percent as specified in 40 CFR 63.1347. Monitoring The owner or operator shall conduct daily 6 - minute vi sible emissions test (Method 22) of mill sweep and air separator PMCDs. I f visible emissions are observed during any Method 22 visible emissions test, the owner or operator must: 1) Initiate, within one hour, the corrective actions specified in the operating and maintenance plan developed in accordance with paragraphs 40 CFR 63.1350(a)(1)(2) and, 2) Within 24 hours of the end of the Method 22 test in which visible emissions were observed, conduct a followup Method 22 test of each stack from which visible emissions were observed during the previous Method 22 test. I f visible emissions are observed during the followup Method 22 test from any stack from which visible emissions were observed during the previous Method 22 test, conduct a visual opacity test of each stack from which emissions were observed during the follow up Method 22 test in accordance with Method 9 of appendix A to part 60 of this chapter. The duration of the Method 9 test shall be 30 minutes. 40 CFR 63.1350(e)

Testing The owner or operator shall conduct an initial 3 - hour (30 6 -

minute averages) Method 9 test. 40 CFR 63.1349(b)(2) Testing Performance tests required under 40 CFR 63.1349(b)(1)(2)

shall be repeated every

five y ears, except that the owner or operator of a kiln, in - line kiln/raw mill or clinker cooler is 40 CFR 63.1349(c)   13   22 not required to repeat the initial performance test of opacity for the kiln, in - line kiln/raw mill or clinker cooler. **B.4 40 CFR 63 NESHAP**  **- LLL, Standards for affected sources other than kilns;** 

**in -**  **line kiln/raw mills; clinker coolers; new and reconstructed raw material dryers; and raw and finish mills**  Li mitation/ Standard: The owner or operator shall not cause to be discharged, from these sources, any

gases which exhibit opacity in excess of t en percent as specified in 40 CFR 63.1348. Monitoring Conduct 1 - min visible emissions (VE) test using Method

22 monthly . I f visible emissions are observed during any Method 22 test, conduct a 6 - minute Method 9 within one hour. Visible emissions testing frequency may be reduced as provided under 40 CFR 63.1350(a)(4). 40 CFR 63.1350(a)(4)(i - vii) Testing Conduct an initial 3 - hour (30 6 - minute averages) Method 9

test. The test time may

be reduced to 1 - hour if there are no readings greater than 10% opacity and there are no more than three readings of 10% opacity are observed in the first hour. 40 CFR 63.1349(b)(2)(i, ii) Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be repeated every

five y ears, except that the owner or operator of a kil n, in - line kiln/raw mill or clinker cooler is not required to repeat the initial performance test of opacity for the kiln, in - line kiln/raw mill or clinker cooler. 40 CFR 63.1349(c) Reporting The owner or operator shall submit all reports and

notification s as specified in 40 CFR 63.1354 40 CFR 63.1354(a)(b) Recordkeeping The owner or operator shall maintain records as specified

in 40 CFR 63.1355 40 CFR 63.1355(a)(b)(c) **B.5 Other monitoring requirements**  a. Li mitation/ Standard: The owne r or operator shall submit Operations and Maintenance Plan as part of

the application for the Part 70 application as specified in 40 CFR 63.1350(a) Monitoring The owner or operator shall monitor opacity according to O and M plan. 40 CFR 63.1350(j) Re porting The owner or operator shall submit results of all PM

performance tests within 60 day s of the test, Opacity tests within 30 day s of the test. 40 CFR 63.1354(b)(1, 2)   14   22 The owner or operator shall state whether actions taken during startups, shutdown s, or malfunctions were consistent with the SSMP in semi - annual report. 40 CFR 63.1354(b)(4) The owner or operator shall report actions taken during startup, shutdown, or malfunction that were inconsistent with the SSMP, if an exceedance of the standard occurs (63.6(e)(3)(iv)), within 2 day s (telephone or fax) and follow up with letter within 7 day s. 40 CFR 63.1354(b)(5) The owner or operator shall submit a summary report semi annually that contains the information specified in 63.10(e)(3)(vi) and in 63 .1354(b)(9)(i) - (v). 40 CFR 63.1354(b)(9) Recordkeeping The owner or operator shall maintain files required by this section for at least 5 y ears. 40 CFR 63.1355(a), (b) **C. State Construction Permit Conditions**  **C.1 KDHE Construction Permit 8**  **- 23**  **- 2001 A**  **ir Emission Source Construction**

**Perm it**  a. Li mitation/ Standard: The total cement processed from all sources (on - site and off - site) in the new finish mill sy stem shall not exceed 400,000 tons per y ear. Monitoring Heartland shall monitor and record the total

cement throughput for the new finish mill sy stem. Construction Permit 8/23/2001 Monitoring Requirement 2 Each air pollution control device must be operating at all times that the emissions source that it is designated to control is operating. Cons truction Permit 8/23/2001 Permit Conditions 2 Recordkeeping Records shall be kept to demonstrate compliance

with the total cement throughput for the new finish mill sy stem. Construction Permit 8/23/2001 Recordkeeping Requirement 1

**Facility -**  **Wide A pplicable Requirements**  The permittee shall comply with the following when required by the relevant regulation: K.A.R. 28 - 19 - 20 Particulate Matter Emission L imitations The permittee shall comply with the requirements of K.A.R. 28 - 19 - 20. This regulation a pplies to handling and processing equipment for dry bulk materials, excluding indirect heating equipment and incinerators. K.A.R. 28 - 19 - 30 through K.A.R. 28 - 19 - 32, Emission L imitations (Indirect Heating Equipment) The permittee shall comply with the requirements of K.A.R. 28 - 19 - 30 through 28 - 19 - 32. These   15   22

regulations apply

to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course o f doing so, the products of combustion do not come into contact with process materials. K.A.R. 28 - 19 - 55 through K.A.R. 28 - 19 - 58, Emergency Episode Plans The permittee shall comply with the requirements of K.A.R. 28 - 19 - 55 through 28 - 19 - 58, Emergency

Epis ode Plans, and shall maintain on site an emergency episode plan if the KDHE requires an emergency

episode plan be developed pursuant to K.A.R. 28 - 19 - 58. K.A.R. 28 - 19 - 202, Annual Fee Pay ment The owner or operator of a permitted emissions unit or stationar y source is required to pay fees to the permitting authority

consistent with the fee schedule set out in the regulations pursuant to K.A.R. 28 - 19 - 202. K.A.R. 28 - 19 - 210, Calculation of Actual Emissions The following applies to emission control equipment not otherwise addressed in this permit: If the owner or operator uses air emission control equipment, not otherwise addressed in this permit, to calculate actual emissions, the air emission control equipment shall be maintained in accordance with the manufacturer’s recommendation. The owner or operator shall keep a written log recording the date and ty pe of action taken when performing preventive or other maintenance on the air emission control equipment. K.A.R. 28 - 19 - 517, Annual Emissions Inventory T he owner or operator shall submit all operating or relevant information to estimate emissions for the preceding y ear to the KDHE. This information shall be submitted before June 1 of each year and shall be submitted on forms provided or approved by the KDHE. K.A.R. 28 - 19 - 645, Open Burning The permittee is prohibited from conducting open burning, except as allowed by K.A.R. 28 - 19 - 647 and K.A.R. 28 - 19 - 648. K.A.R. 28 - 19 - 735 Which Adopted by Reference 40 CFR Part 61, Subpart A and Subpart M The permittee shall comply with the National Emission Standard for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, Subpart A, General Provisions and Subpart M, National Emission Standard for Asbestos, adopted by K.A.R. 28 - 19 - 735, and K.A.R. 28 - 50 - 1 et seq. when con ducting any renovation or demolition activities at the facility . 40 CFR Part 68, Chemical Accident Prevention Provisions Chemical Accident Prevention Provisions, 40 CFR Part 68, is applicable to an owner or operator of a stationary

source that has more than a threshold quantity of a regulated substance in a process, as determined in 40 CFR 68.115. If the stationary

source is subject to 40 CFR Part 68, but is not required to comply with those requirements as of the effective date of this operating perm it, the stationary source shall be in compliance with the requirements of 40 CFR Part 68 no later than the latest of the following dates: a. Three y ears after the date on which a regulated substance is first listed in 40 CFR 68.130; or b. The date on wh ich a regulated substance is first present above a threshold quantity in a process. 40 CFR Part 82, Protection of Stratospheric Ozone The permittee shall comply with 40 CFR Part 82, Protection of Stratospheric Ozone. Affected controlled substances include , but are not limited to, chlorofluorocarbons, hydrochlorofluorocarbon refrigerants, halons, carbon tetrachloride, and methy l chloroform (specific affected controlled substances are listed in 40 CFR Part 82, Subpart A, appendices A {Class I } and B {Class II} ). The following subparts and sections of 40 CFR Part 82 are conditions of this permit: Subpart A - Production and Consumption Controls Subpart B - Servicing of Motor Vehicle Air Conditioners Subpart E - Labeling of Products Using Ozone - Depleting Sub stances: Section; 82.106

Warning statement requirements, 82.108 Placement of warning statement, 82.110   16   22 Form of label bearing warning statement, and 82.112 Removal of label bearing warning statement Subpart F - Recy cling and Emissions Reduction: Sections ; 82.156 Required practices, 82.158

Standards for recycling and recovery equipment, 82.161 Technician certification, and 82.166 Reporting and recordkeeping requirements Subpart G - Significant New Alternatives Policy Program **Opacity Monitoring** Facili ties are required to perform qualitative opacity assessments as identified in the applicable requirements section of this permit. Qualitative opacity assessments will be conducted for processes or other operations which are subject to an opacity standar d and which are operating. The person responsible for making qualitative opacity assessments must be knowledgeable about the effects on visibility

of emissions caused by

background contrast, ambient lighting, observer position relative to lighting, wind , and the presence of uncombined water. The records kept of qualitative opacity assessments shall include the time and date assessment occurred, whether emissions appeared normal, a description of the emission point from which any unusual emissions eman ated, steps taken to correct any abnormal emissions and the name of the person conducting the assessment plus information required under the Testing, Monitoring, Recordkeeping, and Reporting section of this permit. For each emission point from which vi sible emissions are observed during normal operations which appear to exceed the relevant standard, observations shall occur at the frequency specified in paragraph 2 below. Perceived exceedances of opacity standards in paragraphs one and two are not co nsidered to be deviations subject to reporting in accordance with the Reporting of Deviations from Permit Terms portion of this permit. Some emission points subject to opacity requirements may

be identified as not requiring monitoring due to “potential ly very low or nonexistent visible emissions”. Heaters burning refinery gas at refineries, degreasing operations, painting operations which filter particulate emissions, non - heat set printing operations, other non - heat set evaporative VOC sources, petr oleum product storage tanks, glycol dehydrators and sources which are vented inside a building which is usually

occupied may

be presumed to be in compliance with any opacity limit of 20% or greater. Burners in indirect heating applications, space heate rs, turbines, internal combustion engines or boilers may

be presumed to be in compliance with any opacity limit of 20% or greater when burning natural gas or propane/LPG. Opacity increases as particulate content of emissions increase. The particulate content of emissions from burning natural gas or propane/L PG is small and the particulate content of emissions from the evaporation of volatile organic compounds is zero. Particulate emissions inside an occupied building must be small to protect the hea lth of the occupants. The possibility of emissions from these ty pes of sources exceeding an opacity of 20% is therefore “potentially

very low or nonexistent”. If an operation in one of the above categories changes such that visible emissions are no longer “very low or nonexistent,” the owner or operator shall apply for the appropriate permit or approval in accordance with K.A.R. 28 - 19 - 300 and commence appropriate qualitative opacity assessments pursuant to the above schedule. I f a permit or appr oval is not required by K.A.R. 28 - 19 - 300 the owner or operator shall notify KDHE within thirty

day s of the change in operations and commence appropriate qualitative opacity assessments pursuant to the above schedule. **Requirements Which Will Become Appl icable During the Permit Term**  The owner or operator, in accordance with the provisions of K.A.R. 28 - 19 - 511(b)(16)(C)(ii) and K.A.R. 28 - 19 - 512(a)(23) shall comply in a timely

manner with those applicable requirements that become effective during the perm it term, unless a detailed schedule is expressly required by

the applicable requirements.   17   22

**Permit Shield** Compliance with the conditions of this permit shall be deemed in compliance with the applicable requirements of the Kansas air quality program as of the date of permit issuance. This shield applies only

to: a. applicable requirements included, and specifically identified in the permit; b. applicable requirements that KDHE has specifically identified in writing as not being applicable to the emissions unit or stationary sources and the determination or a concise summary thereof is included in the permit. Nothing in this permit shall alter or affect: a. the liability of a permittee for any violation of an applicable requirement occurring prior to or at the time of issuance of this permit; b. U.S. EPA’s ability to obtain information under Section 114 of the Clean Air Act; or c. the provisions of Section 303, Emergency orders, of the Clean Air Act, including the authority of the admi nistrator of the U.S. EPA under that section of the air pollution emergency

provisions of the Kansas air quality program regulations, K.A.R. 28 - 19 - 55 through 28 - 19 - 58. d. the applicable requirements of the acid rain program, consistent with section 408(a) o f the Act. **Testing, Monitoring, Recordkeeping and Reporting** Testing, monitoring, recordkeeping and reporting requirements sufficient to assure compliance with the terms and conditions of the permit are required. Inaddition to any

testing, monitori ng, recordkeeping or reporting requirement contained in the Applicable Requirements section of this permit, monitoring and reporting may be required under the provisions of K.A.R. 28 - 19 - 12, “Measurement of emissions”, or as required by any other provisi on of the federal Clean Air Act. Records to support all monitoring and copies of all reports required by the permit must be maintained for a period of at least five years from the date of the activity . Summary reports of any routine, continuous or peri odic monitoring must be submitted at six - month intervals, commencing 30 day s after the six month anniversary of permit issuance and 30 day s after each subsequent six month period for the duration of the permit. All instances of deviations from permit re quirements, **including perceived opacity exceedances** , shall be clearly identified in the report. Submission of quarterly

or semi - annual reports required by any applicable requirement which are duplicative of the reporting required in the previous paragra ph will satisfy

the reporting requirements of the previous paragraph if noted on the submitted report. Records of required monitoring shall include: a. the date, place and time of sampling or measurement; b. the date or dates analy ses were performed; c. the company

or entity which performed the analy ses; d. the analy

tical techniques or methods used; e. the result of the analy ses; and f. the operating conditions that existed at the time of sampling or measurement. **Reporting of Deviations from Permi t Terms**    18   22

Unless a different time period is specified in this permit, deviations from the requirements of this permit shall be reported to KDHE as follows: a. Deviations which result in emissions exceeding those allowed in this permit shall be reported the next business day following the discovery

of the release, with follow - up written notice within five business day s following discovery of the release. The report shall include the probable cause of such deviations and any corrective actions or preve ntive measures taken. b. Deviations which do not result in emissions exceeding those allowed in this permit shall be reported in writing within 10 business day s following discovery of the deviation. Oral notifications may

be made to the air program fie ld staff at the Southeast District Office in Chanute or to the KDHE central office in Topeka. Written notifications shall be made to the KDHE central office with a copy to the Southeast District Office. **General Provisions** 1. K.A.R. 28 - 19 - 11, Exceptio ns Due to Breakdowns or Scheduled Maintenance a. Abnormal operating conditions resulting from malfunction, breakdown or necessary repairs to control or processing equipment and appurtenances which cause emissions in excess of the limitations specified at K.A.R. 28 - 19 - 20, K.A.R. 28 - 19 - 30 through 28 - 19 - 32, K.A.R. 28 - 19 - 501(d) and K.A.R. 28 - 19 - 650 shall not be deemed violations provided that: i. The person responsible for the operation of the emission source notifies the department of the occurrence and nature of such malfunctions, breakdown or repairs, in writing, within 10 day s of noted occurrence. ii. The number of occurrences of such breakdowns is not deemed excessive by the department and appropriate reasonable action is taken to initiate and comp lete any necessary repairs and place the equipment back in operation as quickly as possible. b. Emissions in excess of the limitations specified at K.A.R. 28 - 19 - 20, K.A.R. 28 - 19 - 30 through 28 - 19 - 32and K.A.R. 28 - 19 - 650 resulting from scheduled maintenanc e of control equipment and appurtenances will be permitted only on the basis of prior approval by the department and upon demonstration that such maintenance cannot be accomplished by maximum reasonable effort, including off - shift labor where required, during periods of shutdown of any

related equipment. 2. K.A.R. 28 - 19 - 752a, Hazardous Air Pollutants; L imitations Applicable to Construction of New Major Sources or Reconstruction of Existing Major Sources This regulation shall continue in effect for an emissions unit or stationary source until a standard has been promulgated which is applicable to such source pursuant to section 112(d) of the federal Clean Air Act. This regulation shall apply whenever construction of a new major source or reconstr uction of an existing major source of hazardous air pollutants is proposed. 3. K.A.R. 28 - 19 - 753, Hazardous Air Pollutants; L imitations Applicable to Sources for Which the U.S. EPA Fails to Meet Certain Deadlines This regulation shall be applicable to a source only if the U.S. EPA fails to promulgate an emission standard for the subcategory applicable to the source within the time frame scheduled by

the U.S. EPA at the most recent revision of 58 Federal Register 63941. The Federal 112(j) rule (promulg ated on May 20, 1994) has been amended. A direct final rule, published in Federal Register on April 16, 1999, delay s the permit application deadline   19   22

for 7 - ye ar source categories listed in the regulatory schedule until December 15, 1999. The previous d eadline was May 15, 1999 which was 18 months after the original November 15, 1997 promulgation date for 7 - ye ar MACTs. The deadline for the 10 - ye ar MACTs was May 15, 2002, which was 18 months after the original November 15, 2000 promulgation date for the 10 - ye ar MACTs. An amendment to the Federal 112(j) rule was published in the Federal Register on April 5, 2002. The amended rule revised the Federal 112(j) rule to create a two part air toxic control permit application process. Part 1 air toxic contro l permit applications were due by May 15, 2002 from all major sources in source categories for which EPA failed to issue national emissions control standards. Part 2 air toxic control permit applications will be due within 24 months after the Part 1 ap plication, or May 15, 2004. Another amendment to the Federal 112(j) rule was published in the Federal Register on May 30, 2003. This rule amendment established a new schedule with a specific deadline for submittal of all Part 2 applications for all ffe cted sources in a given category or subcategory . These deadlines are now 60 day s after each respective scheduled promulgation date. Table 1 to Subpart B of Part 63, in the new amendments, lists all of the 112(j) Part 2 application due dates. 4. Pe rmit Term and Renewal This permit has a term of five y ears unless otherwise stated in this permit. A complete application, as defined in K.A.R. 28 - 19 - 518, and any applicable fee must be submitted to KDHE not less than six months and not more than 18 mo nths prior to the expiration date. This operating permit shall not expire on the expiration date if a complete and timely application has been filed with the KDHE. 5. Severability The provisions of this permit are severable, and if any portion of thi s permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstance, and the remainder of this permit, shall not be affected thereby . 6. Property

Rights This permit does not convey any property rights of any

sort or any

exclusive privilege. 7. Compliance The owner or operator shall comply with all conditions of the permit and shall continue to comply with applicable requirements with which the owner or operator is in compliance. Any permit noncompliance shall constitute a violation of the Kansas Air Quality Act and shall be grounds for enforcement action, for permit revocation or amendment, or for denial of a permit renewal application. All permit terms and co nditions are federally enforceable. This permit may

contain provisions which require that specific test methods, monitoring, or record keeping be used as a demonstration of compliance with permit limits. On February 24, 1997, the U.S. EPA promulgated revisions to the following federal regulations: 40 CFR Part 51.212; 40 CFR Part 52, Sec.52.12; 40 CFR Part 52, Sec 52.30; 40 CFR Part 60, Sec 60.11 and 40 CFR Part 61, Sec 61.12, that allow the use of credible evidence to establish compliance with appl icable requirements. At the issuance of this permit, the State of Kansas has incorporated these provisions in its air quality regulations K.A.R. 28 - 19 - 212 (d), K.A.R. 28 - 19 - 350, K.A.R. 28 - 19 - 720 and K.A.R. 28 - 19 - 735. Itshall not be a defense for a perm ittee in an enforcement action to contend that it would have been necessary

to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.   20   22

8. Compliance Certification The permittee shall annually submit t o the Air Operating Permit and Compliance Section of the KDHE, and a copy

to the Air Permitting and Compliance Branch of the U.S. EPA, Region 7, a certification of compliance (Form CR - 02, “Annual Certification”). The due date of the certification is June 19 of each y ear, beginning June 19, 2005 for the period May 20, 2004 through May

19, 2005. The certification shall include the permit term or condition that is the basis of the certification; the current compliance status; whether compliance was conti nuous or intermittent; the method or methods used for determining the compliance, currently and over the reporting period; and such other facts as KDHE may require to determine the compliance status of the source. The certification shall state that, bas ed on information and belief formed after reasonable inquiry , the statements and information in the certification are true, accurate and complete. 9. Emergency a. An “emergency” means any situation arising from sudden and reasonably unforeseeable events bey ond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology - based emission limitation under this permit, due to unavoidable increases in emissions attributable to the emergency . An emergency shall not include noncompliance to the extent caused by improperly

designed equipment, lack of preventative maintenance, improper operation or operator error. b. An emergency

shall con stitute an affirmative defense to an action brought for noncompliance with such technology - based emission limitation if the conditions of paragraph (c) below are met. c. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs or relevant evidence that: i. an emergency

occurred and that the permittee can identify the cause or causes of the emergency ; ii. the permitted facility

was at the time being properly operated; iii. during the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the permit; and iv. the permittee submitted notice of the emergency , containing a description of the emerg ency , any

steps taken to mitigate emissions, and corrective actions taken, to KDHE within two working day s of the time when emission limitations were exceeded due to the emergency . d. Inany

enforcement proceeding, the permittee seeking to establish th e occurrence of an emergency

shall have the burden of proof. e. These emergency

provisions are in addition to any emergency

or upset provisions contained in any

applicable requirement. Whenever these emergency provisions conflict with the provisions of K.A.R. 28 - 19 - 11, these emergency provisions shall control. 10. In spection and Entry Upon presentation of credentials and other documents as may be required by

law, representatives of KDHE, including authorized contractors of KDHE, shall be allowed by the permittee to: a. enter upon the premises where a regulated facility or activity

is located or conducted and where records are kept under conditions of this document; b. have access to and copies of, at reasonable times, any records that must be ke pt under conditions of this document; c. inspect at reasonable times, any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this document; and d. as authorized by

the Kansas Air Qual ity

Act, sample or monitor at reasonable times   21   22

substances or parameters for the purpose of assuring compliance with the permit or applicable requirements. 11. Permit Amendment, Modification, Reopening and Changes Not Requiring a Permit Action a. The pe rmit may

be modified, revoked, reopened, reissued or terminated for cause. The filing of a request by

the permittee for a permit modification, revocation, reissuance or termination, or of a notification of planned changes or anticipated noncompliance do es not stay any permit condition. b. The permitting authority will reopen and revise or revoke this permit as necessary to remedy deficiencies in the following circumstances: i. Additional requirements under the Clean Air Act become applicable to the s ource three or more y ears prior to the expiration date of this permit. Such a reopening shall be completed no later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the expiration date of this permit. ii. KDHE determines that this permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of this permit. iii. KDHE determines that it is necessary to revise or revoke this permit in order to assure compliance with applicable requirements. c. This document is subject to periodic review and amending as deemed necessary to fulfill the intent and purpose of the Kansas A ir Quality Statutes and the Kansas Air Quality Regulations. d. No permit revision shall be required under any approved economic incentives, pollution prevention incentives, marketable permits, emissions trading and other similar programs or processes f

or changes that are provided for in the permit. 12. Duty to Provide Information Unless a different time frame is specified in this permit, the permittee shall furnish to the KDHE any

information that the KDHE may request in writing within 60 day s of the request, unless the KDHE specifies another time period. Submittal of confidential business information must be in accordance with KDHE procedures. 13. Duty to Supplement The permittee, upon becoming aware that any relevant facts were omitted or incor rect information was submitted in any submittal, shall promptly submit such supplementary facts or corrected information. 14. Other Permits and Approvals; Applicability a. A construction permit or approval must be obtained from KDHE prior to commencing any construction or modification of equipment or processes which results in potential emission increases equal to or greater than the thresholds specified at K.A.R. 28 - 19 - 300. b. This document does not relieve the permittee of the obligation to obtain other approvals, permits, licenses or documents of sanction which may be required by

other federal, state or local government agencies.

15. Submissions All reports, notifications, information and other correspondence (including submission of the Annual Certification Form CR - 02) shall be submitted to:   22   22 Air Construction/Operating Permits & Compliance Section Bureau of Air and Radiation Kansas Department of Health and Environment 1000 SW Jackson, Suite 310 Topeka, KS 66612 - 1366 (785) 296 - 1570 A cop y of each Annual Certification Form CR - 02 and Part 2 permit application shall be submitted to:

Kansas Compliance Officer Air Permitting and Compliance Branch U.S. EPA, Region VI I 901 N. 5 th Street Kansas City , KS 66101 The annual certification form CR - 02 shall be certified by a responsible official. This certification shall state that, based on the information and belief formed after reasonable inquiry , the statements and information in the certification are true, accurate and complete. This certif

ication shall be submitted with original signatures. When specified in the permit, contact the district office at:

Southeast District Office 1500 West 7 th Street Chanute, KS 66720 - 9701 (620) 431 - 2390 **Permit Engineer**

__________________________________ ________ ________________________ William Stone Date Signed Engineering Associate Air Construction/Operating Permits & Compliance Section **Issued by**

__________________________________________ _______________________ Amer Safadi, Supervisor Date Signed Air Construction/Operating Permits & Compliance Section Bureau of Air and Radiation

__________________________________________ ________________________ Vick L . Cooper, Chief Date Signed Air Construction/Operating Permits & Complianc e Section Bureau of Air and Radiation WGS:saw c: SEDO O - 5791