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

restr ictions, 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 iss uance 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 ground s 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 t he 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:

Environm ental 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. T his permit can be accessed electronically on the

DAPC W eb 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
f or 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 perm it?

................................ ................................ ................ 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 a ir 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

................................ ................................ ................................ ................................ . 11Final 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

P ermit 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

o f 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 Adminis trative 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 f ederal laws and regulations

.

This permit is granted subject to the conditions attached hereto.

Ohio Environmental Protection Agency

Scott J. Nally

DirectorFinal 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 th is document as indicated
below :

Emissions Unit ID : P003 Company Equipment ID : Tunnel Kiln Superseded Permit Number : P0089389
General Permit Category and Type : Not ApplicableFinal 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 ConditionsFinal 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" refe r 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) fo r 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 reques t 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 fu nds 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 E PA 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 doc ument (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 isFinal 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 su bmit 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 applicatio n 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 th is 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 modifie d 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

- to

operate portion of this permit will be superseded by the issued Title V permit. From the effective date of

the Ti tle 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 Sect ion 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 s cheduled 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

con trol 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 (unl ess 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 ai r 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 malf unction 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 a uthorized 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 infor mation 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 EP A of any emissions unit that is permanently shut down by submitting 1 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 emission s 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 uni t, 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 upd ate 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 Ch apter 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 complian ce 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
modif ication 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 invali d?

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 ConditionsFinal 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. Inste ad, 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 w ebsite: 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 ConditionsFinal 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 enf orceable 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 ap plicable 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 (SO 2 ) 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 (NO X ) 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 OACFinal 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 SO 2 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 s ummation.

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 St ate 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 NO X ,HF and OC emissions from this air contaminant source since the uncontrolled potential to emit for NO X ,HF and OC emissions is less than 10 tons/year.

c. The hourly SO 2, PM, NO X , 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 p roducts (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 to tal SO 2 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 t he 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 fol lowing 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 req uirements 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 SO 2 emissions were above the maximum specified level.

b. the probable c ause 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 (coveri ng 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 Authorizati on section of this permit. The permit evaluation report shall cover a reporting period of no more than twelve

months and specify the annual total tons of fired product and annual total tons of SO 2 emissions.

f) Testing Requirements

(1) Compliance with the emissi ons 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, hydro gen 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 operati on and dividing by 2,000 lbs per ton.

b. Emissions Limitation:

Emission of SO 2 shall not exceed 54.66 TPY as a 12

- month rolling summation.

Applicable Compliance Method:

Compliance with the TPY emissions limitation for SO 2 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 SO 2 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 f actor 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*) = 1 6 lb SO 2 /ton fired brickFinal Permit

- to

- Install and Operate Bowerston Shale Company
Permit Number : P0108053 Facility ID: 0634000012
Effective Date : 5/31/2012

Page 16 of 18 *Maximum SO 2 emissions is 0.8% by weight based upon a future maximum sulfur content of dry raw materials of 0.4% by weight. [SO 2 emissions as % by weight equals two times the % by weight sulfur content in dry raw materials; see A P

- 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 SO 2 emissions limitations with the use of any alternative source of clay or s hale.

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 NO X shall not exceed 2.12 pounds per hour; 9.29 TPY.

Emiss ions 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 shal l 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. EPA

approved 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". Alte rnative
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 Method s" 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 a ccording 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 Oh io 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 CF R 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 fol lowing 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 Meth ods” 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 cond ucted 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 sh all 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 operat ion 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 w ritten 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.