5/31/2012

Edward Milliken

Bowerston Shale Company

515 E. Main St.

BOWERSTON, OH 44695

RE: FINAL AIR POLLUTION PERMIT-TO-INSTALL AND OPERATE

Facility ID: 0634000012

Permit Number: P0108053

Permit Type: OAC Chapter 3745-31 Modification

County: Harrison

Dear Permit Holder:

Enclosed please find a final Air Pollution Permit-to-Install and Operate (PTIO) which will allow you to install, modify, and/or 

operate the described emissions unit(s) in the manner indicated in the permit. Because this permit contains conditions and 

restrictions, please read it very carefully. Please complete a survey at www.epa.ohio.gov/dapc/permitsurvey.aspx and 

give us feedback on your permitting experience. We value your opinion.

The issuance of this PTI is a final action of the Director and may be appealed to the Environmental Review Appeals 

Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the 

action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission 

within thirty (30) days after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00, 

made payable to “Ohio Treasurer Josh Mandel," which the Commission, in its discretion, may reduce if by affidavit you 

demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal 

shall be filed with the Director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the 

appeal be served upon the Ohio Attorney General’s Office, Environmental Enforcement Section. An appeal may be filed 

with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

If you have any questions, please contact Ohio EPA DAPC, Southeast District Office at (740)385-8501 or the Office of 

Compliance Assistance and Pollution Prevention at (614) 644-3469. This permit can be accessed electronically on the 

DAPC Web page, www.epa.ohio.gov/dapc, by clicking the "Issued Air Pollution Control Permits" link.

Sincerely,

Michael W. Ahern, Manager

Permit Issuance and Data Management Section, DAPC

Cc: Ohio EPA-SEDO

Certified Mail

No TOXIC REVIEW

No PSD

No SYNTHETIC MINOR TO AVOID MAJOR NSR

No CEMS

Yes MACT/GACT

No NSPS

No NESHAPS

No NETTING

No MAJOR NON-ATTAINMENT

No MODELING SUBMITTED

Yes SYNTHETIC MINOR TO AVOID TITLE V

Yes FEDERALLY ENFORCABLE PTIO (FEPTIO)

No SYNTHETIC MINOR TO AVOID MAJOR GHG

FINAL

Division of Air Pollution Control

Permit-to-Install and Operate

for

Bowerston Shale Company

Facility ID: 0634000012

Permit Number: P0108053

Permit Type: OAC Chapter 3745-31 Modification

Issued: 5/31/2012

Effective: 5/31/2012

Expiration: 5/31/2017

Division of Air Pollution Control

Permit-to-Install and Operate

for

Bowerston Shale Company

Table of Contents

Authorization .....................................................................................................................................................1

A. Standard Terms and Conditions ..................................................................................................................3

1. What does this permit-to-install and operate ("PTIO") allow me to do? ..................................................4

2. Who is responsible for complying with this permit? ................................................................................4

3. What records must I keep under this permit? .........................................................................................4

4. What are my permit fees and when do I pay them? ...............................................................................4

5. When does my PTIO expire, and when do I need to submit my renewal application? ............................4

6. What happens to this permit if my project is delayed or I do not install or modify my source? ................ 5

7. What reports must I submit under this permit? .......................................................................................5

8. If I am required to obtain a Title V operating permit in the future, what happens to the operating 

provisions and PER obligations under this permit? ................................................................................5

9. What are my obligations when I perform scheduled maintenance on air pollution control equipment? ... 5

10. Do I have to report malfunctions of emissions units or air pollution control equipment? If so, how must I 

report? ...................................................................................................................................................6

11. Can Ohio EPA or my local air agency inspect the facility where the emission unit(s) is/are located? ..... 6

12. What happens if one or more emissions units operated under this permit is/are shut down 

permanently? .........................................................................................................................................6

13. Can I transfer this permit to a new owner or operator?...........................................................................7

14. Does compliance with this permit constitute compliance with OAC rule 3745-15-07, "air pollution 

nuisance"? .............................................................................................................................................7

15. What happens if a portion of this permit is determined to be invalid? .....................................................7

B. Facility-Wide Terms and Conditions.............................................................................................................8

C. Emissions Unit Terms and Conditions .......................................................................................................10

1. P003, Tunnel Kiln.................................................................................................................................11

Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 1 of 18

Authorization

Facility ID: 0634000012

Application Number(s): A0040985

Permit Number: P0108053

Permit Description: Techniceram Tunnel Kiln with Dryer, Chapter 31 modification to increase the restriction 

of maximum sulfur content in the dry raw material from 0.25 % to 0.4 %.

Permit Type: OAC Chapter 3745-31 Modification

Permit Fee: $1,000.00

Issue Date: 5/31/2012

Effective Date: 5/31/2012

Expiration Date: 5/31/2017

Permit Evaluation Report (PER) Annual Date: Jan 1 - Dec 31, Due Feb 15

This document constitutes issuance to:

Bowerston Shale Company

515 E. MAIN ST.

Bowerston, OH 44695

of a Permit-to-Install and Operate for the emissions unit(s) identified on the following page.

Ohio EPA District Office or local air agency responsible for processing and administering your permit:

Ohio EPA DAPC, Southeast District Office

2195 Front Street

Logan, OH 43138

(740)385-8501

The above named entity is hereby granted this Permit-to-Install and Operate for the air contaminant source(s) 

(emissions unit(s)) listed in this section pursuant to Chapter 3745-31 of the Ohio Administrative Code. 

Issuance of this permit does not constitute expressed or implied approval or agreement that, if constructed or 

modified in accordance with the plans included in the application, the described emissions unit(s) will operate 

in compliance with applicable State and federal laws and regulations.

This permit is granted subject to the conditions attached hereto.

Ohio Environmental Protection Agency

Scott J. Nally

Director
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 2 of 18

Authorization (continued)

Permit Number: P0108053

Permit Description: Techniceram Tunnel Kiln with Dryer, Chapter 31 modification to increase the restriction 

of maximum sulfur content in the dry raw material from 0.25 % to 0.4 %.

Permits for the following Emissions Unit(s) or groups of Emissions Units are in this document as indicated 

below:

Emissions Unit ID: P003

Company Equipment ID: Tunnel Kiln

Superseded Permit Number: P0089389

General Permit Category and Type: Not Applicable
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 3 of 18

A. Standard Terms and Conditions
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 4 of 18

1. What does this permit-to-install and operate ("PTIO") allow me to do?

This permit allows you to install and operate the emissions unit(s) identified in this PTIO. You must 

install and operate the unit(s) in accordance with the application you submitted and all the terms and 

conditions contained in this PTIO, including emission limits and those terms that ensure compliance 

with the emission limits (for example, operating, recordkeeping and monitoring requirements).

2. Who is responsible for complying with this permit?

The person identified on the "Authorization" page, above, is responsible for complying with this permit 

until the permit is revoked, terminated, or transferred. "Person" means a person, firm, corporation, 

association, or partnership. The words "you," "your," or "permittee" refer to the "person" identified on 

the "Authorization" page above.

The permit applies only to the emissions unit(s) identified in the permit. If you install or modify any other 

equipment that requires an air permit, you must apply for an additional PTIO(s) for these sources. 

3. What records must I keep under this permit?

You must keep all records required by this permit, including monitoring data, test results, strip-chart 

recordings, calibration data, maintenance records, and any other record required by this permit for five 

years from the date the record was created. You can keep these records electronically, provided they 

can be made available to Ohio EPA during an inspection at the facility. Failure to make requested 

records available to Ohio EPA upon request is a violation of this permit requirement. 

4. What are my permit fees and when do I pay them?

There are two fees associated with permitted air contaminant sources in Ohio:

PTIO fee. This one-time fee is based on a fee schedule in accordance with Ohio Revised Code (ORC) 

section 3745.11, or based on a time and materials charge for permit application review and permit 

processing if required by the Director. 

You will be sent an invoice for this fee after you receive this PTIO and payment is due within 30 days of 

the invoice date. You are required to pay the fee for this PTIO even if you do not install or modify your 

operations as authorized by this permit. 

Annual emissions fee. Ohio EPA will assess a separate fee based on the total annual emissions from 

your facility. You self-report your emissions in accordance with Ohio Administrative Code (OAC) 

Chapter 3745-78. This fee assessed is based on a fee schedule in ORC section 3745.11 and funds 

Ohio EPA’s permit compliance oversight activities. Unless otherwise specified, facilities subject to one 

or more synthetic minor restrictions must use Ohio EPA's "Air Services" to submit annual emissions 

associated with this permit requirement. Ohio EPA will notify you when it is time to report your 

emissions and to pay your annual emission fees.

5. When does my PTIO expire, and when do I need to submit my renewal application?

This permit expires on the date identified at the beginning of this permit document (see "Authorization" 

page above) and you must submit a renewal application to renew the permit. Ohio EPA will send a 

renewal notice to you approximately six months prior to the expiration date of this permit. However, it is 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 5 of 18

very important that you submit a complete renewal permit application (postmarked prior to expiration of 

this permit) even if you do not receive the renewal notice.

If a complete renewal application is submitted before the expiration date, Ohio EPA considers this a 

timely application for purposes of ORC section 119.06, and you are authorized to continue operating 

the emissions unit(s) covered by this permit beyond the expiration date of this permit until final action is 

taken by Ohio EPA on the renewal application.

6. What happens to this permit if my project is delayed or I do not install or modify my source?

This PTIO expires 18 months after the issue date identified on the "Authorization" page above unless 

otherwise specified if you have not (1) started constructing the new or modified emission sources 

identified in this permit, or (2) entered into a binding contract to undertake such construction. This 

deadline can be extended by up to 12 months, provided you apply to Ohio EPA for this extension within 

a reasonable time before the 18-month period has ended and you can show good cause for any such 

extension.

7. What reports must I submit under this permit?

An annual permit evaluation report (PER) is required in addition to any malfunction reporting required 

by OAC rule 3745-15-06 or other specific rule-based reporting requirement identified in this permit. 

Your PER due date is identified in the Authorization section of this permit. 

8. If I am required to obtain a Title V operating permit in the future, what happens to the operating 

provisions and PER obligations under this permit?

If you are required to obtain a Title V permit under OAC Chapter 3745-77 in the future, the permit-tooperate portion of this permit will be superseded by the issued Title V permit. From the effective date of 

the Title V permit forward, this PTIO will effectively become a PTI (permit-to-install) in accordance with 

OAC rule 3745-31-02(B). The following terms and conditions will no longer be applicable after issuance 

of the Title V permit: Section B, Term 1.b) and Section C, for each emissions unit, Term a)(2).

The PER requirements in this permit remain effective until the date the Title V permit is issued and is 

effective, and cease to apply after the effective date of the Title V permit. The final PER obligation will 

cover operations up to the effective date of the Title V permit and must be submitted on or before the 

submission deadline identified in this permit on the last day prior to the effective date of the Title V 

permit.

9. What are my obligations when I perform scheduled maintenance on air pollution control 

equipment?

You must perform scheduled maintenance of air pollution control equipment in accordance with OAC 

rule 3745-15-06(A). If scheduled maintenance requires shutting down or bypassing any air pollution 

control equipment, you must also shut down the emissions unit(s) served by the air pollution control 

equipment during maintenance, unless the conditions of OAC rule 3745-15-06(A)(3) are met. Any 

emissions that exceed permitted amount(s) under this permit (unless specifically exempted by rule) 

must be reported as deviations in the annual permit evaluation report (PER), including nonexempt 

excess emissions that occur during approved scheduled maintenance.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 6 of 18

10. Do I have to report malfunctions of emissions units or air pollution control equipment? If so, 

how must I report?

If you have a reportable malfunction of any emissions unit(s) or any associated air pollution control 

system, you must report this to the Ohio EPA DAPC, Southeast District Office in accordance with OAC 

rule 3745-15-06(B). Malfunctions that must be reported are those that result in emissions that exceed 

permitted emission levels. It is your responsibility to evaluate control equipment breakdowns and 

operational upsets to determine if a reportable malfunction has occurred. 

If you have a malfunction, but determine that it is not a reportable malfunction under OAC rule 3745-15-

06(B), it is recommended that you maintain records associated with control equipment breakdown or 

process upsets. Although it is not a requirement of this permit, Ohio EPA recommends that you 

maintain records for non-reportable malfunctions.

11. Can Ohio EPA or my local air agency inspect the facility where the emission unit(s) is/are 

located?

Yes. Under Ohio law, the Director or his authorized representative may inspect the facility, conduct 

tests, examine records or reports to determine compliance with air pollution laws and regulations and 

the terms and conditions of this permit. You must provide, within a reasonable time, any information 

Ohio EPA requests either verbally or in writing. 

12. What happens if one or more emissions units operated under this permit is/are shut down 

permanently?

Ohio EPA can terminate the permit terms associated with any permanently shut down emissions unit. 

"Shut down" means the emissions unit has been physically removed from service or has been altered 

in such a way that it can no longer operate without a subsequent "modification" or "installation" as 

defined in OAC Chapter 3745-31.

You should notify Ohio EPA of any emissions unit that is permanently shut down by submitting1 a 

certification that identifies the date on which the emissions unit was permanently shut down. The 

certification must be submitted by an authorized official from the facility. You cannot continue to operate 

an emissions unit once the certification has been submitted to Ohio EPA by the authorized official.

You must comply with all recordkeeping and reporting for any permanently shut down emissions unit in 

accordance with the provisions of the permit, regulations or laws that were enforceable during the 

period of operation, such as the requirement to submit a PER, air fee emission report, or malfunction 

report. You must also keep all records relating to any permanently shutdown emissions unit, generated 

while the emissions unit was in operation, for at least five years from the date the record was 

generated.

Again, you cannot resume operation of any emissions unit certified by the authorized official as being 

permanently shut down without first applying for and obtaining a permit pursuant to OAC Chapter 3745-

31.

 1 Permittees that use Ohio EPA's "Air Services" can mark the affected emissions unit(s) as "permanently shutdown" in the 

facility profile along with the date the emissions unit(s) was permanently removed and/or disabled. Submitting the 

facility profile update will constitute notifying of the permanent shutdown of the affected emissions unit(s).
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 7 of 18

13. Can I transfer this permit to a new owner or operator? 

You can transfer this permit to a new owner or operator. If you transfer the permit, you must follow the 

procedures in OAC Chapter 3745-31, including notifying Ohio EPA or the local air agency of the 

change in ownership or operator. Any transferee of this permit must assume the responsibilities of the 

transferor permit holder.

14. Does compliance with this permit constitute compliance with OAC rule 3745-15-07, "air pollution 

nuisance"?

This permit and OAC rule 3745-15-07 prohibit operation of the air contaminant source(s) regulated 

under this permit in a manner that causes a nuisance. Ohio EPA can require additional controls or 

modification of the requirements of this permit through enforcement orders or judicial enforcement 

action if, upon investigation, Ohio EPA determines existing operations are causing a nuisance.

15. What happens if a portion of this permit is determined to be invalid? 

If a portion of this permit is determined to be invalid, the remainder of the terms and conditions remain 

valid and enforceable. The exception is where the enforceability of terms and conditions are dependent 

on the term or condition that was declared invalid.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 8 of 18

B. Facility-Wide Terms and Conditions
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 9 of 18

1. This permit document constitutes a permit-to-install issued in accordance with ORC 3704.03(F) and a 

permit-to-operate issued in accordance with ORC 3704.03(G).

a) For the purpose of a permit-to-install document, the facility-wide terms and conditions identified 

below are federally enforceable with the exception of those listed below which are enforceable 

under state law only.

(1) None.

b) For the purpose of a permit-to-operate document, the facility-wide terms and conditions 

identified below are enforceable under state law only with the exception of those listed below 

which are federally enforceable.

(1) None.

2. The Ohio EPA has determined that this facility may be applicable to the requirements of an area source 

MACT/GACT rule that the Ohio EPA does not have the delegated authority to implement. Although 

Ohio EPA has determined that an area source MACT (also known as the GACT) may apply, at this time 

Ohio EPA does not have the authority to enforce this standard. Instead, U.S. EPA has the authority to 

enforce this standard. Please be advised that all requirements associated with these rules are in effect 

and are enforceable by U.S. EPA. For more information on the area source rules, please refer to the 

follow U.S. EPA website: http://www.epa.gov/ttn/atw/area/arearules.html .
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 10 of 18

C. Emissions Unit Terms and Conditions
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 11 of 18

1. P003, Tunnel Kiln

Operations, Property and/or Equipment Description: 

6.05 Tons per hour (tph) Techniceram natural gas fired Tunnel Kiln with dryer (Chapter 31 

modification to PTI 06-91685, issued June 14, 2000 and current FESOP issued May 28, 2008)

a) This permit document constitutes a permit-to-install issued in accordance with ORC 3704.03(F) 

and a permit-to-operate issued in accordance with ORC 3704.03(G).

(1) For the purpose of a permit-to-install document, the emissions unit terms and conditions 

identified below are federally enforceable with the exception of those listed below which 

are enforceable under state law only.

a. g)(1)

(2) For the purpose of a permit-to-operate document, the emissions unit terms and 

conditions identified below are enforceable under state law only with the exception of 

those listed below which are federally enforceable.

a. b)(1)a., c)(1), d)(2), e)(2), f)(1)b, .

b) Applicable Emissions Limitations and/or Control Requirements

(1) The specific operation(s), property, and/or equipment that constitute each emissions unit 

along with the applicable rules and/or requirements and with the applicable emissions 

limitations and/or control measures are identified below. Emissions from each unit shall 

not exceed the listed limitations, and the listed control measures shall be specified in 

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. OAC rule 3745-31-05 (D)

(Synthetic Minor to avoid Title V,

and PSD)

Emissions of sulfur dioxides (SO2) shall 

not exceed 54.66 tons per year (TPY) as 

a 12-month rolling summation.

See c)(1)

b. OAC rule 3745-31-05(A)(3), as 

effective 11/30/01.

Emissions of nitrogen oxides (NOX) shall

not exceed 2.12 pounds per hour; 9.29

TPY.

Emissions of organic compounds (OC)

shall not exceed 0.67 pounds per hour;

2.97 TPY.

Emissions of hydrogen fluoride (HF) shall

not exceed 2.24 pounds per hour; 9.80

TPY.

The requirements of this rule also include

compliance with the requirements of OAC
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 12 of 18

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

3745-17-07(A)(1) and OAC 3745-17-

11(B)(1).

See b)(2)a.

c. OAC rule 3745-31-05(A)(3)(a)(ii), as

effective 12/01/06

See b)(2)b.

d. OAC rule 3745-17-07 (A)(1) Visible emissions of PM from any stack 

shall not exceed 20% opacity except as 

provided by rule.

e. OAC rule 3745-17-11 (B)(1) Particulate emissions (PE) from 

combustion stack shall not exceed 13.7 lb 

per hour.

f. ORC 3704.03(T) The SO2 emission limitation specified by 

this rule is equivalent to the emission 

limitation established pursuant to OAC 

rule 3745-31-05 (D).

Emissions of particulate matter (PM) shall

not exceed 25.45 TPY as a 12-month 

rolling summation.

Emissions of carbon monoxide (CO) shall

not exceed 31.80 TPY as a 12-month 

rolling summation.

(2) Additional Terms and Conditions

a. The permittee has satisfied the Best Available Technology (BAT) requirements 

pursuant to OAC paragraph 3745-31-05(A)(3), as effective November 30, 2001, 

in this permit. On December 1, 2006, paragraph (A)(3) of OAC rule 3745-31-05 

was revised to conform to ORC changes effective August 3, 2006 (S.B. 265 

changes), such that BAT is no longer required by State regulations for NAAQS 

pollutants less than ten tons per year. However, that rule revision has not yet 

been approved by U.S. EPA as a revision to Ohio’s State Implementation Plan 

(SIP). Therefore, until the SIP revision occurs and the U.S. EPA approves the 

revisions to OAC rule 3745-31-05, the requirements to satisfy BAT still exists as 

part of the federally-approved SIP for Ohio. Once U.S. EPA approves the 

December 1, 2006, version of 3745-31-05, then these emission limits/control 

measures no longer apply. 

b. This rule paragraph applies once U.S. EPA approves the December 1, 2006, 

version of OAC rule 3745-31-05 as part of the State Implementation Plan. 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 13 of 18

The Best Available Technology (BAT) requirements under OAC rule 3745-31-

05(A)(3) do not apply to the NOX ,HF and OC emissions from this air 

contaminant source since the uncontrolled potential to emit for NOX ,HF and OC 

emissions is less than 10 tons/year.

c. The hourly SO2, PM, NOX, CO, OC and HF emissions limits were established to 

reflect the potential to emit for this emissions unit. Therefore, it is not necessary 

to develop record keeping and/or reporting requirements to ensure compliance 

with this short term emissions limitation.

d. The sulfur content of the clay burned in this emission unit shall not exceed 0.4 

percent by weight dry raw material.

c) Operational Restrictions

(1) Fired brick production (dry) shall not exceed 49,022 tons per rolling 12-month period.

The permittee has existing data on which to base the 12-month total at the time this 

permit is issued.

d) Monitoring and/or Recordkeeping Requirements.

(1) Each time a new bulk shipment of clay is introduced into the kiln raw material mix the 

permittee shall collect a representative grab sample of the clay used in this emission unit 

from a location prior to introduction to the kiln. The permittee shall perform the analyses 

for sulfur content in accordance with the following method: Quantitative Chemical 

Analysis using Atomic Spectroscopy. Alternative, equivalent methods may be used upon 

receiving written approval from Ohio EPA.

(2) The permittee shall maintain monthly records of the following.

a. the total weight of fired products (dry) using clay;

b. the total weight of fired products (dry) using shale;

c. the total weight of fired products (dry) using clay in this emission unit during the 

previous 12-month period;

d. the total weight of fired products (dry) using shale in this emission unit during the 

previous 12-month period;

e. the total SO2 emissions for the previous 12-month period including all 

calculations.

The permittee has existing data on which to base the 12-month total at the time this 

permit is issued.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 14 of 18

e) Reporting Requirements

(1) Unless other arrangements have been approved by the Director, all notifications and 

reports shall be submitted through the Ohio EPA's eBusiness Center: Air Services 

online web portal.

(2) The permittee shall submit quarterly deviation (excursion) reports that identify:

a. all deviations (excursions) of the following emission limitations, operational 

restrictions and/or control device operating parameter limitations that restrict the 

potential to emit (PTE) of any regulated air pollutant and have been detected by 

the monitoring, record keeping and/or testing requirements in this permit:

i. all 12-month periods during which the quantity of fired product (dry) was 

above the maximum specified level; and 

ii. all 12-month periods during which the 12-month SO2 emissions were 

above the maximum specified level.

b. the probable cause of each deviation (excursion);

c. any corrective actions that were taken to remedy the deviations (excursions) or 

prevent future deviations (excursions); and

d. the magnitude and duration of each deviation (excursion).

If no deviations (excursions) occurred during a calendar quarter, the permittee shall 

submit a report that states that no deviations (excursions) occurred during the quarter.

The quarterly reports shall be submitted, electronically through Ohio EPA Air Services, 

each year by January 31 (covering October to December), April 30 (covering January to 

March), July 31 (covering April to June), and October 31 (covering July to September), 

unless an alternative schedule has been established and approved by the Director (the 

appropriate District Office or local air agency).

(3) The permittee shall submit an annual Permit Evaluation Report (PER) to the Ohio EPA. 

The PER must be completed electronically and submitted via the Ohio EPA eBusiness 

Center: Air Services by the due date identified in the Authorization section of this permit. 

The permit evaluation report shall cover a reporting period of no more than twelvemonths and specify the annual total tons of fired product and annual total tons of SO2 

emissions.

f) Testing Requirements

(1) Compliance with the emissions limitations in b)(1). of these terms and conditions shall 

be determined in accordance with the following methods:
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 15 of 18

a. Emissions Limitation:

Emissions of HF shall not exceed 2.24 pounds per hour; 9.80 TPY.

Applicable Compliance Method:

If required, hydrogen flouride emissions shall be determined according to test 

Methods 1 - 4, and 13A or 13B as set forth in the "Appendix on Test Methods" in 

40 CFR, Part 60 "Standards of Performance for New Stationary Sources". 

Alternative U.S. EPA-approved test methods may be used with prior approval 

from Ohio EPA, Southeast District Office.

Compliance with the 9.8 TPY HF emissions limitation shall be determined by 

multiplying the results from the most recent emissions testing, in lbs/hour, by the 

actual hours of operation and dividing by 2,000 lbs per ton.

b. Emissions Limitation:

Emission of SO2 shall not exceed 54.66 TPY as a 12-month rolling summation.

Applicable Compliance Method:

Compliance with the TPY emissions limitation for SO2 shall be determined by the

Records required in d)(2):

Equation (1) : the maximum allowable annual tons of fired product multiplied by a

weighted average SO2 emissions factor, in pounds per ton of fired product, 

divided by 2,000 pounds per ton.

Current values used in equation (1), above, include an annual production rate of 

49,022 tons of fired product and a weighted average emission factor of 2.23 

pounds per ton.

The weighted average emission factor is based on the following calculation:

Equation (2): (emission factor for shale x % of shale used in the raw materials) +

(emission factor for clay x % clay used in the raw materials).

Current values used in Equation (2), above, are (0.302 lb/ ton x 87.7 % shale in 

raw materials) + (16 lb/ton x 12.3 % clay in raw materials).

The emission factor for shale was determined by raw material testing conducted 

by the permittee and submitted for the original permit application.

The emission factor for clay was determined using the calculation following:

(1 ton fired brick)(2,000 lb/ton)(0.008*) = 16 lb SO2/ton fired brick
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 16 of 18

*Maximum SO2 emissions is 0.8% by weight based upon a future maximum sulfur

content of dry raw materials of 0.4% by weight. [SO2 emissions as % by weight 

equals two times the % by weight sulfur content in dry raw materials; see AP-42 

Table 11.3-3 (August 1997) footnote b ].

Lab analysis of each new bulk shipment of material shall be used to show this 

emissions unit continues to be in compliance with the SO2 emissions limitations 

with the use of any alternative source of clay or shale.

If required, sulfur dioxide emissions shall be determined according to test 

Methods 1 - 4, and 6 as set forth in the "Appendix on Test Methods" in 40 CFR, 

Part 60 "Standards of Performance for New Stationary Sources". Alternative 

U.S. EPA-approved test methods may be used with prior approval from Ohio 

EPA, Southeast District Office.

c. Emissions Limitation:

Emissions of PM shall not exceed 25.45 TPY as a 12-month rolling summation.

Emissions of NOX shall not exceed 2.12 pounds per hour; 9.29 TPY.

Emissions of CO shall not exceed 31.80 TPY as a 12-month rolling summation.

Emissions of OC shall not exceed 0.67 pounds per hour; 2.97 TPY as a 12-

month rolling summation.

Applicable Compliance Method:

Compliance with the pound per hour emission limits above shall be determined 

by a one-time calculation of the maximum hourly rate of fired product (6.05 tons 

per hour) multiplied by the emission factor (PM and OC emission factor include 

emissions from the kiln and dryer) for the appropriate pollutant found in AP-42 

Chapter 11.3, Tables 11.3-2, 11.3-3, 11.3-4 and 11.3-5 (8/97). Annual emission 

rates are calculated by multiplying the hourly emission rate by the maximum 

hours of operation (8,760) and dividing by 2,000 lbs/ton.

If required, particulate emissions shall be determined according to test Methods 1 

- 5, as set forth in the "Appendix on Test Methods" in 40 CFR, Part 60 

"Standards of Performance for New Stationary Sources". Alternative U.S. EPAapproved test methods may be used with prior approval from Ohio EPA, 

Southeast District Office.

If required, nitrogen oxides emissions shall be determined according to test 

Methods 1 - 4, and 7 as set forth in the "Appendix on Test Methods" in 40 CFR, 

Part 60 "Standards of Performance for New Stationary Sources". Alternative 

U.S. EPA-approved test methods may be used with prior approval from Ohio 

EPA, Southeast District Office.

If required, carbon monoxide emissions shall be determined according to test 

Methods 1 - 4, and 10 as set forth in the "Appendix on Test Methods" in 40 CFR, 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 17 of 18

Part 60 "Standards of Performance for New Stationary Sources". Alternative 

U.S. EPA-approved test methods may be used with prior approval from Ohio 

EPA, Southeast District Office.

If required, organic compound emissions shall be determined according to test 

Methods 1 - 4, and 18, 25, or 25A as set forth in the "Appendix on Test 

Methods" in 40 CFR, Part 60 "Standards of Performance for New Stationary 

Sources". Alternative U.S. EPA-approved test methods may be used with prior 

approval from Ohio EPA, Southeast District Office.

d. Emissions Limitation:

Visible emissions of PM from any stack shall not exceed 20% opacity, except as 

provided by rule.

Applicable Compliance Method:

If required, visible particulate emissions shall be determined according to USEPA 

Method 9 of 40 CFR Part 60, Appendix A.

e. Emissions Limitation:

PE from combustion stack shall not exceed 13.7 lb per hour.

Applicable Compliance Method:

If required, particulate emissions shall be determined according to USEPA 

Methods 1-5 of 40 CFR Part 60, Appendix A.

(2) The permittee shall conduct, or have conducted, emission testing in accordance with the 

following requirements:

a. The emission testing shall be conducted within 6 months prior to May 28, 2013, 

the expiration date of the initial permit for this emissions unit.

b. In accordance with 63.7, subsequent testing shall be completed in accordance 

with the requirements found in 40 CFR 63.8440.

c. The emission testing shall be conducted to demonstrate compliance with the 

allowable HF limitation.

d. The following test method(s) shall be employed to demonstrate compliance with 

the allowable emission rate(s):

Compliance with the HF limitation shall be determined in accordance with Test 

Methods 1 - 4, and 13A or 13B as set forth in the "Appendix on Test Methods" in 

40 CFR, Part 60 "Standards of Performance for New Stationary Sources". 

Alternative U.S. EPA-approved test methods may be used with prior approval 

from Ohio EPA, Southeast District Office.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0108053

Facility ID: 0634000012

Effective Date: 5/31/2012

Page 18 of 18

Test Methods 13A or 13B as set forth in “Appendix on Test Methods” in 40 CFR, 

Part 60 (“Standards of Performance for New Stationary Sources”) with the 

exceptions specified in 60.257(a)(1)(i and ii).

e. Alternative U.S. EPA approved test methods may be used with prior approval 

from the Ohio EPA.

f. The test(s) shall be conducted while the emissions unit is operating at or near its 

maximum capacity, unless otherwise specified or approved by the appropriate 

Ohio EPA District Office or local air agency.

g. Not later than 30 days prior to the proposed test date(s), the permittee shall 

submit an "Intent to Test" notification to the appropriate Ohio EPA District Office 

or local air agency. The "Intent to Test" notification shall describe in detail the 

proposed test methods and procedures, the emissions unit operating 

parameters, the time(s) and date(s) of the test(s), and the person(s) who will be 

conducting the test(s). Failure to submit such notification for review and approval 

prior to the test(s) may result in the Ohio EPA District Office's or local air 

agency's refusal to accept the results of the emission test(s).

h. Personnel from the appropriate Ohio EPA District Office or local air agency shall 

be permitted to witness the test(s), examine the testing equipment, and acquire 

data and information necessary to ensure that the operation of the emissions unit 

and the testing procedures provide a valid characterization of the emissions from 

the emissions unit and/or the performance of the control equipment.

i. A comprehensive written report on the results of the emissions test(s) shall be 

signed by the person or persons responsible for the tests and submitted to the 

appropriate Ohio EPA District Office or local air agency within 30 days following 

completion of the test(s). The permittee may request additional time for the 

submittal of the written report, where warranted, with prior approval from the 

appropriate Ohio EPA District Office or local air agency.

g) Miscellaneous Requirements

(1) Modeling to demonstrate compliance with, the Toxic Air Contaminant Statute, ORC 

3704.03(F)(4)(b), was not necessary because the emissions units maximum annual 

increased emissions between the permitted modifications of PTI 06-91685 issued June 

14, 2000 and P0108053 for each toxic air contaminant, as defined in OAC rule 

3745-114-01, will be less than 1.0 ton per year. OAC Chapter 3745-31 requires 

permittees to apply for and obtain a new or modified FEPTIO prior to making a 

"modification" as defined by OAC rule 3745-31-01. The permittee is hereby advised that 

changes in the composition of the materials or use of new materials, that would cause 

the emissions of any toxic air contaminant to increase to above 1.0 ton per year may 

require the permittee to apply for and obtain a new FEPTIO.