Facility DEC ID: 4012400001
PERMIT Under the Environmental Conservation Law (ECL) IDENTIFICATION INFORMATION Permit Type: Solid Waste Management Permit ID: 4-0124-00001/00053 Effective Date: 04/24/2006 Expiration Date: 04/26/2006 Permit Type: Air Title V Facility Permit ID: 4-0124-00001/00112 Mod 0 Effective Date: 04/27/2001 Expiration Date: 04/26/2006 Mod 1 Effective Date: 04/27/2001 Expiration Date: 04/26/2006 Mod 2 Effective Date: 11/15/2001 Expiration Date: 04/26/2006 Mod 3 Effective Date: 04/11/2002 Expiration Date: 04/26/2006 Mod 5 Effective Date: 04/24/2006 Expiration Date: 04/26/2006

Permit Issued To: LAFARGE NORTH AMERICA INC 12950 WORLDGATE DRIVE SUITE 500 HERNDON, VA 20170 Contact: CAMILLE CAGNON LAFARGE BUILDING MATERIALS INC US RTE 9W PO BOX 3 RAVENA, NY 12143-0003 (518) 756-5026 Facility: LAFARGE BUILDING MATERIALS INC US RTE 9W RAVENA, NY 12143-0003 Description:

Mod 5/FINALFacility DEC ID: 4012400001 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit. Permit Administrator: WILLIAM J CLARKE DIVISION OF ENVIRONMENTAL PERMITS 1150 NORTH WESTCOTT RD SCHENECTADY, NY 12306-2014 Authorized Signature: _________________________________ Date: ___ / ___ / _____

Mod 5/FINALFacility DEC ID: 4012400001 Notification of Other State Permittee Obligations Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order toperform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

Mod 5/FINALFacility DEC ID: 4012400001 LIST OF CONDITIONS

DEC GENERAL CONDITIONS General Provisions Facility Inspection by the Department Relationship of this Permit to Other Department Orders and Determinations Applications for Permit Renewals and Modifications Applications for Permit Renewals and Modifications Permit Modifications, Suspensions and Revocations by the Department Permit Modifications, Suspensions, and Revocations by the Department Facility Level Submission of Applications for Permit Modification or Renewal -REGION 4 HEADQUARTERS Submission of Applications for Permit Modification or Renewal -REGION 4 HEADQUARTERS DEC SPECIAL CONDITIONS special

DEC Permit Conditions Page 1 of 5 Mod 5/FINALFacility DEC ID: 4012400001 DEC GENERAL CONDITIONS **** General Provisions   For the purpose of your Title V permit, the following section contains state-only enforcable terms and conditions GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department Applicable State Requirement: ECL 19-0305 Item 1.1: The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). Item 1.2: The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. Item 1.3: A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Condition 2: Relationship of this Permit to Other Department Orders and Determinations Applicable State Requirement: ECL 3-0301.2(m) Item 2.1: Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Condition 5-1: Applications for Permit Renewals and Modifications Applicable State Requirement: 6NYCRR 621.13 Item 5-1.1: The permittee must submit a separate written applicati on to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Item 5-1.2: The permittee must submit a renewal application at least 180 days before expiration of permits for T itle V Facility Permits, or at least 30 days before expiration of permits for State Facility Permits. Item 5-1.3:

DEC Permit Conditions Page 2 of 5 Mod 5/FINALFacility DEC ID: 4012400001 Permits are transferrable with the approval of the department unless specifically prohibited by the statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Condition 3: Applications for Permit Renewals and Modifications Applicable State Requirement: 6NYCRR 621.13(a) Expired by Mod No: 4 Item 3.1: The permittee must submit a separate written applicati on to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Item 3.2: The permittee must submit a renewal application at least 180 days before expiration of permits for T itle V Facility Permits, or at least 30 days before expiration of permits for State Facility Permits. Condition 5-2: Permit Modifications, Suspensions and Revocations by the Department Applicable State Requirement: 6NYCRR 621.14 Item 5-2.1: The Department reserves the right to modify, susp end, or revoke this permit in accordance with 6NYCRR Part 621. The gr ounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. Condition 4: Permit Modifications, Suspensions, and Revocations by the Department Applicable State Requirement: 6NYCRR 621.14 Expired by Mod No: 1 Item 4.1: The Department reserves the right to modify, suspend, or revoke this permit. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded or a violati on of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresenta tion or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have

DEC Permit Conditions Page 3 of 5 Mod 5/FINALFacility DEC ID: 4012400001 materially changed since the permit was issued.

** ** Facility Level **** Condition 5: Submission of Applications for Permit Modification or Renewal -REGION 4 HEADQUARTERS Applicable State Requirement: 6NYCRR 621.5(a) Expired by Mod No: 1 Item 5.1: Submission of applications for permit modifi cation or renewal are to be submitted to: NYSDEC Regional Permit Administrator Region 4 Headquarters Division of Environmental Permits 1150 North Wescott Rd. Schenectady, NY 12306-2014 (518) 357-2068 Condition 3-1: Submission of Applications for Permit Modification or Renewal -REGION 4 HEADQUARTERS Applicable State Requirement: 6NYCRR 621.5(a) Item 3-1.1: Submission of applications for permit modifi cation or renewal are to be submitted to: NYSDEC Regional Permit Administrator Region 4 Headquarters Division of Environmental Permits 1150 North Westcott Rd. Schenectady, NY 12306-2014 (518) 357-2069

DEC Permit Conditions Page 4 of 5 Mod 5/FINALFacility DEC ID: 4012400001 DEC SPECIAL CONDITIONS

Condition 5-3: special Applicable State Requirement: 6NYCRR 621.4(g) Item 5-3.1: The permittee shall construct and operate the approved project to use Tire Derived Fuel (TDF) in firing the cement kilns in strict accordance with the permit application including supporting ocumentation such as, but not limited to, modeling. Such documents are listed below: *Environmental Assessment Form and all attachments and figures (signed 7/19/2005). *Technical Memorandum Visual Assessment Summary (July, 2004). *Beneficial Use Determination including all Appendices, Application for Modification of Part 360 Permit - Tire Storage Facility Permit (11/22/2004) and all appendices, attachments and plans. *Revised Title V Air Permit Application, May 3, 2005 *Revised Application for Mid-Kiln Firing of Tire Derived Fuel-Lafarge Building Material, Inc., Ravena NY (January, 2005). *Plans - Tire Derived Fuel - Parking/Storage, Haul Road Handling and Feed Drawings 607B205 (3/31/06), 607B207 (3/31/06), 607B215 (3/31/06), 607B216 (3/31/06), RVN663D001 (3/14/06), RVN663D002 (9/20/05), RVND003 (4/14/06), RVN663D004 (9/23/05), RVN663D005 (10/7/05). *Letter from William Clarke, NYSDEC to Lafarge, June 28, 2005 *Letter from Lafarge to Mr. Thomas Haley, NYSDEC, June 21, 2004 Where there is a conflict between specific parts of the application and specific permit conditions the specific permit conditions shall supercede and apply. (See also 6 NYCRR 201-6.3.)

DEC Permit Conditions Page 5 of 5 Mod 5/FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Permit Under the Environmental Conservation Law (ECL) ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT IDENTIFICATION INFORMATION Permit Issued To: LAFARGE NORTH AMERICA INC 12950 WORLDGATE DRIVE SUITE 500 HERNDON, VA 20170
Facility: LAFARGE BUILDING MATERIALS INC US RTE 9W RAVENA, NY 12143-0003 Authorized Activity By Standard Industrial Classification Code: 3241 - CEMENT, HYDRAULIC Mod 0 Permit Effective Date: 04/27/2001 Permit Expiration Date: 04/26/2006 Mod 1 Permit Effective Date: 04/27/2001 Permit Expiration Date: 04/26/2006 Mod 3 Permit Effective Date: 04/11/2002 Permit Expiration Date: 04/26/2006 Mod 5 Permit Effective Date: 04/24/2006 Permit Expiration Date: 04/26/2006

Air Pollution Control Permit Conditions Mod 5/Active Page 1 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 LIST OF CONDITIONS

FEDERALLY ENFORCEABLE CONDITIONS Facility Level 5-1 6NYCRR 200.6: Acceptable Ambient Air Quality 5-2 6NYCRR 201-6.5(a)(7): Fees 5-3 6NYCRR 201-6.5(c): Recordkeeping and reporting of compliance monitoring 5-4 6NYCRR 201-6.5(c)(2): Monitoring, Related Recordkeeping, and Reporting Requirements. 3-2 6NYCRR 201-6.5(c)(3)(ii): Compliance Certification 3-3 6NYCRR 201-6.5(e): Compliance Certification 31 6NYCRR 202-2.1: Compliance Certification 32 6NYCRR 202-2.5: Recordkeeping requirements 5-5 6NYCRR 215: Open Fires Prohibited at Industrial and Commercial Sites 5-6 6NYCRR 200.7: Maintenance of Equipment 5-7 6NYCRR 201-1.7: Recycling and Salvage 5-8 6NYCRR 201-1.8: Prohib ition of Reintroduction of Collected Contaminants to the air 5-9 6NYCRR 201-3.2(a): Exempt Sources - Proof of Eligib ility 5-10 6NYCRR 201-3.3(a): Trivial Sources - Proof of Eligib ility 5-11 6NYCRR 201-6.5(a)(4): Standard Requirement - Provide Information 5-12 6NYCRR 201-6.5(a)(8): General C ondition - Right to Inspect 5-13 6NYCRR 201-6.5(d)(5): Standard Requirements - Progress Reports 5-14 6NYCRR 201-6.5(f)(6): Off Permit Changes 5-15 6NYCRR 202-1.1: Required Emissions Tests 5-16 6NYCRR 211.3: Visible Emissions Limited 5-17 40CFR 68: Accidental release provisions. 5-18 40CFR 82, Subpart F: Recycling and Emissions Reduction 5-19 6NYCRR 200.7: Compliance Certification 4 6NYCRR 201-1.2: Unperm itted Emission Sources 6 6NYCRR 201-1.4(a): Compliance Certification 13 6NYCRR 201-6: Applicable Criteria, Limits, Terms, C onditions and Standards 14 6NYCRR 201-6: Cessation or Reduction of Perm itted Activity Not a Defense 15 6NYCRR 201-6: Compliance Requirements 16 6NYCRR 201-6: Federally-Enforceable Requirements 17 6NYCRR 201-6: Fees 18 6NYCRR 201-6: Monitoring, Related Recordkeeping and Reporting Requirements 19 6NYCRR 201-6: Permit Revocation, Modification, Reopening, Reissuance or Termination, and Associated Information Submission Requirements 20 6NYCRR 201-6: Permit Shield 21 6NYCRR 201-6: Property Rights 22 6NYCRR 201-6: Reopening for Cause 23 6NYCRR 201-6: Right to Inspect

Air Pollution Control Permit Conditions Mod 5/Active Page 2 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 24 6NYCRR 201-6: Severab ility 25 6NYCRR 201-6: Emission Unit Definition 26 6NYCRR 201-6.3(d)(10)(ii): Compliance Certification 3-1 6NYCRR 201-6.5(e): Reporting Requirements 5-20 6NYCRR 201-7.1: Fac ility Permissible Emissions 5-21 6NYCRR 202-1.2: Notification 5-22 6NYCRR 202-1.3(a): Acceptable procedures 34 6NYCRR 212.3: Compliance Certification 35 6NYCRR 212.4: Compliance Certification 5-23 6NYCRR 212.10(f): Compliance Certification 37 6NYCRR 220.4(c): Opacity reduction program 38 6NYCRR 220.4(d): Compliance Certification 42 6NYCRR 225-1.8: Compliance Certification 3-4 40CFR 63.1347, Subpart LLL: Compliance Certification 3-5 40CFR 63.1348, Subpart LLL: Compliance Certification 43 40CFR 63.1349(a), Subpart LLL: Performance testing requirements 3-6 40CFR 63.1349(b)(1), Subpart LLL: Performance testing requirements 3-7 40CFR 63.1349(b)(2), Subpart LLL: Performance testing requirements 44 40CFR 63.1349(b)(3), Subpart LLL: Performance testing requirements 45 40CFR 63.1349(c), Subpart LLL: Performance testing requirements 46 40CFR 63.1349(d), Subpart LLL: Performance testing requiements 47 40CFR 63.1349(e), Subpart LLL: Performance testing requirements 48 40CFR 63.1350(a), Subpart LLL: Monitoring Requirements 3-8 40CFR 63.1350(a)(4)(i), Subpart LLL: Monitoring requirements - 1 minute visible emissions test 49 40CFR 63.1350(b), Subpart LLL: Monitoring Requirements - compy with O&M Plan 3-9 40CFR 63.1350(e), Subpart LLL: Compliance Certification 50 40CFR 63.1350(j), Subpart LLL: Monitoring requirements 51 40CFR 63.1351(a), Subpart LLL: Compliance Dates 52 40CFR 63.1352, Subpart LLL: Additional Test Methods 53 40CFR 63.1353, Subpart LLL: Notification Requirements 54 40CFR 63.1354, Subpart LLL: Reporting Requirements 55 40CFR 63.1355, Subpart LLL: Recordkeeping Requirements 56 40CFR 63.1356, Subpart LLL: Exemption from NSPS Emission Unit Level 58 6NYCRR 201-6: Emission Point Definition By Emission Unit 59 6NYCRR 201-6: Process Definition By Emission Unit 5-24 6NYCRR 201-7.1: Process Permissible Emissions EU=0-41000 3-10 6NYCRR 204-1.6: Permits requirements. 3-11 6NYCRR 204-2.1: Submissions to the Department. 3-12 6NYCRR 204-4.1: Content of reports and compliance certifications. 3-13 6NYCRR 204-4.1: Discretionary report contents. 3-14 6NYCRR 204-4.1: Compliance Certification 3-15 6NYCRR 204-7.1: Submission of NOx allowance transfers.

Air Pollution Control Permit Conditions Mod 5/Active Page 3 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 3-16 6NYCRR 204-8.1: General provisions. 3-17 6NYCRR 204-8.1: Prohib itions. 3-18 6NYCRR 204-8.1: Requirements for installation, certification, and data accounting. 3-19 6NYCRR 204-8.2: Requirements for recertification of monitoring systems. 3-20 6NYCRR 204-8.2: Compliance Certification 3-21 6NYCRR 204-8.3: Out of control periods. 3-22 6NYCRR 204-8.4: Compliance Certification 3-23 6NYCRR 204-8.7: Compliance Certification 60 6NYCRR 220.2(b): Compliance Certification 3-24 40CFR 63.1345(a)(1), Subpart LLL: Compliance Certification 3-25 40CFR 63.1345(a)(2), Subpart LLL: Compliance Certification 3-26 40CFR 63.1350(d)(1), Subpart LLL: Monitoring requirements - clinker cooler 3-27 40CFR 63.1350(d)(3), Subpart LLL: Monitoring Requirements - Clinker Cooler 62 40CFR 63.1350(f), Subpart LLL: Monitoring requirements - D/F 63 40CFR 63.1350(i), Subpart LLL: Monitoring requirements - D/F emission limit: Kiln EU=0-41000,EP=43101,Proc=K12 *5-25 6NYCRR 201-7.1: Capping Monitoring C ondition 5-26 6NYCRR 202-1.1: Compliance Certification 5-27 6NYCRR 202-1.1: Compliance Certification 64 6NYCRR 220.6(a): Fuel sulfur content 65 6NYCRR 220.6(b)(1): Compliance Certification 66 6NYCRR 220.6(b)(1): Compliance Certification 67 6NYCRR 220.8(a): Compliance Certification 5-28 6NYCRR 225-1.5(b): Compliance Certification 5-29 6NYCRR 225-1.5(b): Compliance Certification 5-30 6NYCRR 225-1.5(b): Compliance Certification 5-31 40CFR 52.21(r), Subpart A: Compliance Certification 5-32 40CFR 52.21(r), Subpart A: Compliance Certification 68 40CFR 63.1343(b)(1), Subpart LLL: Compliance Certification 69 40CFR 63.1343(b)(2), Subpart LLL: Compliance Certification 70 40CFR 63.1343(b)(3), Subpart LLL: Existing, reconstructed or new brownfield/major sources - D/F 71 40CFR 63.1344(a), Subpart LLL: Operating limits for kilns 72 40CFR 63.1344(b), Subpart LLL: Operating limits for kilns 73 40CFR 63.1349(b)(1), Subpart LLL: Compliance Certification 74 40CFR 63.1350(c)(1), Subpart LLL: Monitoring Requirements - Opacity 75 40CFR 63.1350(c)(3), Subpart LLL: Monitoring requirements - opacity EU=0-42000,Proc=PEL 79 6NYCRR 220.5(a): Dust 80 6NYCRR 220.5(b): Dust 81 6NYCRR 220.5(c): Dust

Air Pollution Control Permit Conditions Mod 5/Active Page 4 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

STATE ONLY ENFORCEABLE CONDITIONS Facility Level 5-33 ECL 19-0301: Contaminant List 3-28 6NYCRR 201-1.4: Unavoidable noncompliance and violations 82 6NYCRR 201-5: General Provisions 83 6NYCRR 201-5: Permit Exclusion Provisions 84 6NYCRR 201-5.3(b): Contaminant List 85 6NYCRR 211.2: Air pollution prohibited 5-34 6NYCRR 211.2: Compliance Demonstration NOTE: * preceding the condition number indicates capping.

Air Pollution Control Permit Conditions Mod 5/Active Page 5 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 FEDERALLY ENFORCEABLE CONDITIONS **** Facility Level  

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS The items listed below are not subject to the annua l compliance certification requirements under Title V. Permittees may also have other obligations under regulations of general applicability. Item A: Emergency Defense - 6NYCRR Part 201-1.5 An emergency constitutes an affirmative defense to an action brought for noncompliance with emissions limitations or permit conditions for all facilities in New York State. (a) The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An emergency occurred and that the facility owner and/or operator can identify the cause(s) of the emergency; (2) The equipment at the permitted facility causing the emergency was at the time being properly operated; (3) During the period of the emergency the facility owner and/or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and (4) The facility owner and/or operator notified the Department within two working days after the event occurred. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. (b) In any enforcement pro ceeding, the facility owner and/or operator seeking to establish the occurrence of an emergency has the burden of proof. (c) This provision is in addition to any emergency or upset provision contained in any applicable requirement.
Item B: Public Access to Recordkeeping for Title V Facilities - 6NYCRR Part 201-1.10(b) The Department will make available to the public any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to

Air Pollution Control Permit Conditions Mod 5/Active Page 6 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Section 503(e) of the Act, except for information entitled to confidential treatment pursuant to 6NYCRR Part 616 - Public Access to records and Section 114(c) of the Act. Item C: Timely Application for the Renewal of Title V Permits - 6 NYCRR Part 201-6.3(a)(4) Owners and/or operators of facilities having an issued Title V permit shall submit a complete application at least 180 days, but not more than eighteen months, prior to the date of permit expiration for permit renewal purposes. Item D: Certification by a Responsible Official - 6 NYCRR Part 201-6.3(d)(12) Any application, form, report or compliance certification required to be submitted pursuant to the federally enforceable portions of this permit shall contain a certification of truth, accuracy and completeness by a responsible official. This certification shall state that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
Item E: Requirement to Comply With All Conditions - 6 NYCRR Part 201-6.5(a)(2) The permittee must comply with all conditions of the Title V facility permit. Any permit non-compliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
Item F: Permit Revocation, Modification, Reopening, Reissuance or Termination, and Associated Information Submission Requirements - 6 NYCRR Part 201-6.5(a)(3) This permit may be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. Item G: Cessation or Reduction of Permitted Activity Not a Defense - 6NYCRR Part 201-6.5(a)(5) It shall not be a defense for a permittee in an enforcement action to claim that a cessation or reduction in the permitted activity woul d have been necessary in

Air Pollution Control Permit Conditions Mod 5/Active Page 7 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 order to maintain compliance with the conditions of this permit.
Item H: Property Rights - 6 NYCRR Part 201-6.5(a)(6) This permit does not convey any property rights of any sort or any exclusive privilege.
Item I: Severability - 6 NYCRR Part 201-6.5(a)(9) If any provisions, parts or conditions of this permit are found to be invalid or are the subject of a challenge, the remainder of this permit shall continue to be valid. Item J: Permit Shield - 6 NYCRR Part 201-6.5(g) All permittees granted a Title V facility permit shall be covered under the protection of a permit shield, except as provided under 6 NYCRR Subpart 201-6. Compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that such applicable requirements are included and are specifically identified in the permit, or the Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the major stationary source, and the permit includes the determination or a concise summary thereof. Nothing herein shall preclude the Department from revising or revoking the permit pursuant to 6 NYCRR Part 621 or from exercising its summary abatement authority. Nothing in this permit shall alter or affect the following: i. The ability of the Department to seek to bring suit on behalf of the State of New York, or the Administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health , welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution; ii. The liability of a permittee of the Title V facility for any violation of applicable requirements prior to or at the time of permit issuance; iii. The applicable requirements of Title IV of the

Air Pollution Control Permit Conditions Mod 5/Active Page 8 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Act; iv. The ability of the Department or the Administrator to obtain information from the permittee concerning the ability to enter, inspect and monitor the facility.
Item K: Reopening for Cause - 6 NYCRR Part 201-6.5(i) This Title V permit shall be reopened and revised under any of the following circumstances: i. If additional applicable requirements under the Act become applicable where this permit's remaining term is three or more years, a reopening shall be completed not 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 date on which this permit is due to expire, unless the original permit or any of its terms and conditions has been extended by the Department pursuant to the provisions of Part 201-6.7 and Part 621. ii. The Department or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. iii. The Department or the Administrator determines that the Title V permit must be revised or reopened to assure compliance with applicable requirements. iv. If the permitted facility is an "affected source" subject to the requirements of Title IV of the Act, and additional requirements (including excess emissions requirements) become applicable. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit. Proceedings to reopen and issue Title V facility permits shall follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to reopen exists. Reopenings shall not be initiated before a notice of such intent is provided to the facility by the Department at least thirty days in advance of the date that the permit

Air Pollution Control Permit Conditions Mod 5/Active Page 9 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 is to be reopened, except that the Department may provide a shorter time period in the case of an emergency.
Item L: Permit Exclusion - ECL 19-0305 The issuance of this permit by the Department and the receipt thereof by the Applicant does not and shall not be construed as barring, diminishing, adjudicating or in any way affecting any legal, administrative or equitable rights or claims, actions, suits, causes of action or demands whatsoever that the Department may have against the Applicant for violations based on facts and circumstances alleged to have occurred or existed prior to the effective date of this permit, including, but not limited to, any enforcement action authorized pursuant to the provisions of applicable federal law, the Environmental Conservation Law of the State of New York (ECL) and Chapter III of the Official Compilation of the Codes, Rules and Regulations of the State of New York (NYCRR). The issuance of this permit also shall not in any way affect pending or future enforcement actions under the Clean Air Act brought by the United States or any person.
Item M: Federally Enforceable Requirements - 40 CFR 70.6(b) All terms and conditions in this permit required by the Act or any applicable requirement, including any provisions designed to limit a facility's potential to emit, are enforceable by the Administrator and citizens under the Act. The Department has, in this permit, specifically designated any terms and conditions that are not required under the Act or under any of its applicable requirements as being enforceable under only state regulations.

MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS SUBJECT TO ANNUAL CERTIFICATIONS AT ALL TIMES The following federally enforceable permit conditions are mandatory for all Title V permits and are subject to annual compliance certification requirements at all times. Condition 5-1: Acceptable Ambient Air Quality Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 200.6 Item 5-1.1: Notwithstanding the provisions of 6 NYCRR Chapter III, Subchapter A, no person shall allow or permit

Air Pollution Control Permit Conditions Mod 5/Active Page 10 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 any air contamination source to emit air contaminants in quantities which alone or in combination with emissions from other air contamination sources would contravene any applicable ambient air quality standard and/or cause air pollution. In such cases where contravention occurs or may occur, the Commissioner shall specify the degree and/or method of emission control required. Condition 5-2: Fees Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(a)(7) Item 5-2.1: The owner and/or operator of a stationary source shall pay fees to the Department consistent with the fee schedule authorized by ECL 72-0302. Condition 5-3: Recordkeeping and reporting of compliance monitoring Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(c) Item 5-3.1: The following information must be included in any required compliance monitoring records and reports: (i) The date, place, and time of sampling or measurements; (ii) The date(s) analyses were performed; (iii)The company or entity th at performed the analyses; (iv) The analytical techniques or methods used including quality assurance and quality control procedures if required; (v) The results of such analyses including quality assurance data where required; and (vi) The operating conditions as existing at the time of sampling or measurement. Any deviation from permit requirements must be clearly identified in all records and reports. Reports must be certified by a responsible official, consistent with Section 201-6.3 of this Part 201. Condition 5-4: Monitoring, Related Recordkeeping, and Reporting Requirements. Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(c)(2) Item 5-4.1: Compliance monitoring and recordkeeping shall beconducted according to the terms and conditions contained in this permit and shall follow all quality assurance requirements found in applicable

Air Pollution Control Permit Conditions Mod 5/Active Page 11 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 regulations. Records of all monitoring data and support information must be retained for a period of at least 5 years from the date of the monitoring, sampling, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. Condition 3-2: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(c)(3)(ii) Item 3-2.1: The Compliance Certification activity will be performed for the Facility. Item 3-2.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: To meet the requirements of this facility permit with respect to reporting, the permittee must: Submit reports of any required monitoring at a minimum frequency of every 6 months, based on a calendar year reporting schedule. These reports shall be submitted to the Department within 30 days after the end of a reporting period. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by the responsible official for this facility. Notify the Department and report permit deviations and incidences of noncompliance stating the probable cause of such deviations, and any corrective actions or preventive measures taken. Where the underlying applicable requirement contains a definition of prompt or otherwise specifies a time frame for reporting deviations, that definition or time frame shall govern. Where the underlying applicable requirement fails to address the time frame for reporting deviations, reports of deviations shall be submitted to the permitting authority based on the following schedule: (1) For emissions of a hazardous air pollutant or a toxic air pollutant (as identified in an applicable regulation) that continue for more than an hour in excess of permit requirements, the report must be made within 24 hours of the occurrence.

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(2) For emissions of any regulated air pollutant, excluding those listed in paragraph (1) of this section, that continue for more than two hours in excess of permit requirements, the report must be made within 48 hours. (3) For all other deviations from permit requirements, the report shall be contained in the 6 month monitoring report required above. (4) This permit may contain a more stringent reporting requirement than required by paragraphs (1), (2) or (3) above. If more stringent reporting requirements have been placed in this permit or exist in applicable requirements that apply to this facility, the more stringent reporting requirement shall apply. If any of the above conditions are met, the source must notify the permitting authority by telephone during normal business hours at the Regional Office of jurisdiction for this permit, attention Re gional Air Pollution Control Engineer (RAPCE) according to the timetable listed in paragraphs (1) through (4) of this section. For deviations and incidences that must be reported outside of normal business hours , on weekends, or holidays, the DEC Spill Hotline phone number at 1- 800-457-7362 shall be used. A written notice, certified by a responsible official consistent with 6 NYCRR Part 201-6.3(d)(12), must be submitted within 10 working days of an occurrence for deviations reported under (1) and (2). All deviations reported under paragraph (1) through (4) of this section must also be identified in the 6 month monitoring report required above. If the permittee seeks to have a violation excused as provided in 201-1.4, the perm ittee shall report such violations as required under 201-1.4(b). However, in no case may reports of any deviation be on a less frequent basis that those described in paragraphs (1) though (4) above. In order to have a violation of a federal regulation (such as a new source performance standard or national emissions standard for hazardous air pollutants) excused, the specific federal regulation must provide for an affirmative defense during start-up, shutdowns, malfunctions or upsets.

Air Pollution Control Permit Conditions Mod 5/Active Page 13 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 In the case of any condition contained in this permit with a reporting requirement of "Upon request by regulatory agency" the permittee shall include in the semiannual report, a statement for each such condition that the monitoring or recordkeeping was performed as required or requested and a listing of all instances of deviations from these requirements. In the case of any emission testing performed during the previous six month reporting period, either due to a request by the Department, EPA, or a regulatory requirement, the permittee shall include in the semiannual report a summary of the testing results and shall indicate whether or not the Department or EPA has approved the results. All semiannual reports shall be submitted to the Administrator (or his or her representative) as well as two copies to the Department (one copy to the regional air pollution control engineer (RAPCE) in the regional office and one copy to the Bureau of Compliance Monitoring and Enforcement (BCME) in the DEC central office). Mailing addresses for the above referenced persons are contained in the monitoring condition for 6 NYCRR Part 201-6.5(e), contained elsewhere in this permit. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2002. Subsequent reports are due every 6 calendar month(s). Condition 3-3: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(e) Item 3-3.1: The Compliance Certification activity will be performed for the Facility. Item 3-3.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Requirements for compliance certifications with terms and

Air Pollution Control Permit Conditions Mod 5/Active Page 14 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 conditions contained in this facility permit include the following: i. Compliance certifications shall contain: - the identification of each term or condition of the permit that is the basis of the certification; - the compliance status; - whether compliance was continuous or intermittent; - the method(s) used for determining the compliance status of the facility, currently and over the reporting period consistent with the monitoring and related recordkeeping and reporting requirements of this permit; - such other facts as the Department may require to determine the compliance status of the facility as specified in any special permit terms or conditions; and - such additional requirements as may be specified elsewhere in this perm it related to compliance certification. ii. The responsible official must include in the annual certification report all terms and conditions contained in this permit which are identified as being subject to certification, including emission limitations, standards, or work practices. That is, the provisions labeled herein as "Compliance Certification" are not the only provisions of this permit for which an annual certification is required. iii. Compliance certifications shall be submitted annually. Certification reports are due 30 days after the anniversary date of four consecutive calendar quarters. The first report is due 30 days after the calendar quarter that occurs just prior to the permit anniversary date, unless another quarter has been acceptable by the Department. iv. All compliance certifications shall be submitted to the Administrator (or his or her representative) as well as two copies to the Department (one copy to the regional air pollution control engineer (RAPCE) in the regional office and one copy to the Bureau of Compliance Monitoring and Enforcement (BCME) in the DEC central office). Please send annual compliance certifications to Chief of the Stationary Source Compliance Section, the Region 2 EPA representative for the Admini strator, at the following address:

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USEPA Region 2 Air Compliance Branch 290 Broadway New York, NY 10007-1866 The address for the RAPCE is as follows: 1150 North Westcott Road Schenectady, NY 12306-2014 The address for the BCME is as follows: NYSDEC Bureau of Compliance Monitoring and Enforcement 625 Broadway Albany, NY 12233-3258 Monitoring Frequency: ANNUALLY Reporting Requirements: ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 1/30/2002. Subsequent reports are due on the same day each year Condition 31: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-2.1 Item 31.1: The Compliance Certification activity will be performed for the Facility. Item 31.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Emission statements shall be submitted on or before April 15th each year for emissions of the previous calendar year. Monitoring Frequency: ANNUALLY Reporting Requirements: ANNUALLY (CALENDAR) Reports due by April 15th for previous calendar year Condition 32: Recordkeeping requirements

Air Pollution Control Permit Conditions Mod 5/Active Page 16 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-2.5 Item 32.1: (a) The following records shall be maintained for at least five years: (1) a copy of each emission statement submitted to the department; and (2) records indicating how the information submitted in the emission statement was determined, including any calculations, data, measurements, and estimates used. (b) These records shall be made available at the f acility to the representatives of the department upon request during normal business hours. Condition 5-5: Open Fires Prohibited at I ndustrial and Commercial Sites Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 215 Item 5-5.1: No person shall burn, cause, suffer, allow or permit the burning in an open fire of garbage, refuse, rubbish for salvage, or rubbish generated by industrial or commercial activities.

MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS SUBJECT TO ANNUAL CERTIFICATIONS ONLY IF APPLICABLE The following federally enforceable permit conditions are mandatory for all Title V permits and are subject toannual compliance certification requirements only if effectuated during the reporting peri od. [NOTE: The corresponding annual compliance certification for those conditions not effectuated during the reporting period shall be specified as "not applicable".] Condition 5-6: Maintenance of Equipment Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 200.7 Item 5-6.1: Any person who owns or operates an air contamination source which is equipped with an emission control device shall operate such device and keep it in a satisfactory state of maintenance and repair in accordance with ordinary and necessary practices, standards and procedures, inclusive of manufacturer's specifications, required to operate such device effectively. Condition 5-7: Recycling and Salvage

Air Pollution Control Permit Conditions Mod 5/Active Page 17 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-1.7 Item 5-7.1: Where practical, any person who owns or operates an air contamination source shall recycle or salvage air contaminants collected in an air cleaning device according to the requirements of the ECL. Condition 5-8: Prohibition of Reintroduction of Collected Contaminants to the air Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-1.8 Item 5-8.1: No person shall remove, handle or cause to be handled, collected air contaminants from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce them to the outdoor atmosphere. Condition 5-9: Exempt Sources - Proof of Eligibility Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-3.2(a) Item 5-9.1: The owner and/or operator of an emission source or unit that is eligible to be exempt may be required to certify that it operates within the specific criteria described in this Subpart. The owner or operator of any such emission source must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility which contains emission sources or units subject to this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations, or law. Condition 5-10: Trivial Sources - Proof of Eligibility Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-3.3(a) Item 5-10.1: The owner and/or operator of an emission source or unit that is listed as being trivial in this Part may be required to certify that it operates within the specific criteria described in this Subpart. The owner or operator of any such emission source must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility which contains emission sources or units subject to this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations, or law.

Air Pollution Control Permit Conditions Mod 5/Active Page 18 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 5-11: Standard Requirement - Provide Information Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(a)(4) Item 5-11.1: The owner and/or operator shall furnish to the department, within a reasonable time, any information that the department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit or, for information claimed to be confidential, the perm ittee may furnish such records directly to the administrator along with a claim of confidentiality, if the administrator initiated the request for information or otherwise has need of it. Condition 5-12: General Condition - Right to Inspect Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(a)(8) Item 5-12.1: The department or an authorized representative shall be allowed upon presentation of credentials and other documents as may be required by law to: (i) enter upon the permittee's premises where a facility subject to the permitting requirements of this Subpart is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit; (ii) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; (iii) inspect at reasonable times any emission sources, equipment (including monitoring and air pollution control equipment), practices, and operations regulated or required under the permit; and (iv) sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit orapplicable requirements. Condition 5-13: Standard Requirements - Progress Reports Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(d)(5) Item 5-13.1: Progress reports consistent with an applicable sc hedule of compliance are to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the department. Such progress reports shall contain the following: (i) dates for achieving the activities, milestones, or compliance required in the schedule of compliance,

Air Pollution Control Permit Conditions Mod 5/Active Page 19 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 and dates when such activities, milestones or compliance were achieved; and (ii) an explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. Condition 5-14: Off Permit Changes Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(f)(6) Item 5-14.1: No permit revision will be required for operating changes that contravene an express permit term, provided that such changes would not violate applicable requirements as defined under this Part or contravene federally enforceable monitoring (including test methods), recordkeeping, reporting, or compliance certification permit terms and conditions. Such changes may be made without requiring a permit revision, if the changes are not modifications under any provision of title I of the act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions) provided that the facility provides the administrator and the department with written notification as required below in advance of the proposed changes within a minimum of seven days. The facility owner or operator , and the department shall attach each such notice to their copy of the relevant permit. (i) For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. (ii) The permit shield described in section 6 NYCRR 201-6.6 shall not apply to any change made pursuant to this paragraph. Condition 5-15: Required Emissions Tests Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-1.1 Item 5-15.1: For the purpose of ascertaining compliance or non-compliance with any air pollution control code, rule or regulation, the commissioner may require the person who owns such air contamination source to submit an acceptable report of measured emissions within a stated time. Such person shall bear the cost of measurement and preparing the report of measured emissions. Failure of such person to submit a report acceptable to the commissioner within the time stated shall be sufficient reason for the commissioner to suspend or deny a certificate to operate. Condition 5-16: Visible Emissions Limited Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 211.3

Air Pollution Control Permit Conditions Mod 5/Active Page 20 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Item 5-16.1: Except as permitted by a specific part of this Subchapter and for open fires for which a restricted burning permit has been issued, no person shall cause or allow any air contamination source to emit any materialhaving an opacity equal to or greater than 20 percent (six minute average) except for one continuous sixminute period per hour of not more than 57 percent opacity. Condition 5-17: Accidental release provisions. Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 40CFR 68 Item 5-17.1: If a chemical is listed in Tables 1,2,3 or 4 of 40 CFR §68.130 is present in a process in quantities greater than the threshold quantity listed in Tables 1,2, 3 or 4, the following requirements will apply: a) The owner or operator shall comply with the provisions of 40 CFR Part 68 and; b) The owner or operator shall submit at the time of permit issuance (if not previously submitted) one of the following, if such quantities are present: 1) A compliance schedule for meeting the requirements of 40 CFR Part 68 by the date provided in 40 CFR §68.10(a) or, 2) A certification statement that the source is in compliance with all requirements of 40 CFR Part 68, including the registration and submission of the Risk Management Plan. Information should be submitted to: Risk Management Plan Reporting Center C/O CSC 8400 Corporate Dr Carrollton, Md. 20785 Condition 5-18: Recycling and Emissions Reduction Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 40CFR 82, Subpart F Item 5-18.1: The permittee shall comply with all applicable provisions of 40 CFR Part 82.

The following conditions are subject to annual complian ce certification requirements for Title V permits only.

Air Pollution Control Permit Conditions Mod 5/Active Page 21 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 5-19: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 200.7 Item 5-19.1: The Compliance Certification activity will be performed for the facility: The Compliance Certification applies to: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Emission Source: 4ESP1 Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Emission Source: 4ESP2 Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 5-19.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The "Precipitator Maintenance Plan" submitted to the Department December 15, 1992 (written by Lawrence Stevens of J. R. Hall, Ltd.) and the applicable recommendations of Chapter III, Parts 3 and 4 of the "Evaluation of Kilns and Electrostatic Precipitator Performance" submitted to the Department November 7, 2001 (by TRK Engineering Services, Carlisle, MA) shall be implemented. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY Condition 4: Unpermitted Emission Sources Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-1.2 Item 4.1: If an existing emission source was subject to the permitting requirements of 6NYCRR Part 201 at the time of construction or modification, and the owner and/or operator failed to apply for a permit for such emission source then the following provisions apply: (a) The owner and/or operator must apply for a permit for such emission source or register the facility in accordance with the provisions of Part 201.

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(b) The emission source or facility is subject to all re gulations that were applicable to it at the time of construction or modification and any subsequent requirements applicable to existing sources or facilities. Condition 6: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-1.4(a) Item 6.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 6.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: MONTHLY MALFUNCTION REPORTS ARE TO BE SUBMITTED TO THE DEPARTMENT FOR EACH MALFUNCTION, DESCRIBING WHY THE MALFUNCTION WAS UNAVOIDABLE IN NATURE, THE CAUSE, TIME, AND DURATION OF THE MALFUNCTION, THE CORRECTIVE ACTION TAKEN, IDENTIFICATION OF AIR CONTAMINANTS, AND AN ESTIMATE OF THE EMISSION RATES, AND THE MAXIMUM GROUND LEVEL CONCENTRATION OF EACH AIR CONTAMINANT EMITTED AND EFFECTS OF SUCH EMISSIONS. THE REPORT SHALL ALSO DESCRIBE WHAT ACTIONS WILL BE TAKEN AND WHEN, TO PREVENT RECURRENCE. THE REPORT IS TO BE SUBMITTED BY THE 20TH DAY OF THE MONTH FOLLOWING THE REPORTING PERIOD. (REFERENCE SCHEDULE OF COMPLIANCE IN ORDER ON CONSENT R4-1342-92-05, SIGNED 10/31/92) Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: MONTHLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 5/30/2001. Subsequent reports are due every 1 calendar month(s).

Air Pollution Control Permit Conditions Mod 5/Active Page 23 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 13: Applicable Criteria, Limits, Terms, Conditions and Standards Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 13.1: Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, conditions and standards in the permit. This shall include: i. Any reporting requirements and operations under an accidental release plan, response plan, and compliance plan as approved as of the date of the permit issuance, or ii. Any support documents submitted as a part of the permit application for this facility as accepted and approved as of the date of permit issuance. Any noncompliance with the federally-enforceable porti ons of this permit constitutes a violation of the federal Clean Air Act and will be grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application. Item 13.2: Any document, including reports, required by the federally-enforceable portions of this permit shall contain a certification by the responsible offici al for this facility as set forth in Section 201-6.3 that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete. Condition 14: Cessation or Reduction of Permitted Activity Not a Defense Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 14.1: It shall not be a defense for a permittee in an enforcement action to claim that a cessation or reduction in the permitted activity would have been necessary in order to maintain comp liance with the conditions of this permit. Condition 15: Compliance Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 15.1: The following information must be included in any required compliance monitoring records and reports: i. The date, place and time of sampling or measurements; ii. The date(s) analyses were performed;

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iii. The company or entity that performed the analyses; iv. The analytical techniques or methods used including quality assurance and quality control procedures if required; v. The results of such analyses including quality assurance data where required; and vi. The operating conditions as existing at the time of sampling or measurement; Any deviation from permit requirements must be clearly identified in all records and reports. Reports must be certified by the responsible official, consistent with Section 201-6.3 of Part 201. Item 15.2: The permittee shall comply with the approved compliance schedule for this permit if such a schedule is a part of this permit. Risk management plans must be submitted to the Administrator if required by Section 112(r) of the Clean Air Act for this fac ility. Item 15.3: Progress reports consistent with an applicable schedule of compliance must be submitted at least semiannually on a calendar year basis, or at a more frequent period if specified in the applicable requirement or by the Department elsewhere in thispermit. These reports shall be submitted to the Department within 30 days after the end of a reporting period. Such progress reports shall contain the following: i. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and ii. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. Condition 16: Federally-Enforceable Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 16.1: All terms and conditions in this permit required by the Act or any applicable requirement, including any provisions designed to limit a facility's potential to emit, are enforceableby the Administrator and citizens under the Act. The Department has, in this permit, specifically designated any terms and conditions that are not required under the Act or under any of its a pplicable requirements as being enforceable under only state regulations. Condition 17: Fees Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6

Air Pollution Control Permit Conditions Mod 5/Active Page 25 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Item 17.1: The permittee shall pay the required fees associated with this permit. Condition 18: Monitoring, Related Recordkeeping and Reporting Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 18.1: Compliance monitoring and recordkeeping shall beconducted according to the terms and conditions contained in this permit and shall follow all quality assurance requirements. Records of all monitoring data and support informati on shall be retained for a period of at least 5 years from the date of the monitoring sample, measurement, report, or applicati on. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. Condition 19: Permit Revocation, Modification, Reopening, Reissuance or Termination, and Associated Information Submission Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 19.1: This permit may be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not relieve the permittee from the requirement to comply with any condition contained in this permit. The permittee shall furnish to the Department, within a reasonable time, any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. The permittee shall also, on request, furnish the Department with copies of records required to be kept by the permit. Where information is claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of confidentiality. Condition 20: Permit Shield Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 20.1: All permittees granted a Title V facility permit shall be covered under the protection of a permit shield. For those facilities for which a permit shield has been granted, compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance,

Air Pollution Control Permit Conditions Mod 5/Active Page 26 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 provided that such applicable requirements are included and are specifically identified in the permit, or the Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicab le to the major stationary source, and the permit includes the determination or a conc ise summary thereof. Nothing herein shall preclude the Department from revising or revoking the permit pursuant to 6 NYCRR Part 621 or from exercising its summary abatement authority. Nothing in this permit shall alter or affect the following: i. The ability of the Department to seek to bring suit on behalf of the State of New York, or the Administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health, welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution; ii. The liability of a permittee of the Title V facility for any violation of applicable requirements prior to or at the time of permit issuance; iii. The applicable requirements of Title IV of the Act; iv. The ability of the Department or the Administ rator to obtain information from the permittee concerning the ability to enter, inspect and monitor the facility. Condition 21: Property Rights Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 21.1: This permit does not convey any property rights of any sort or any exclusive privilege. Condition 22: Reopening for Cause Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 22.1: This Title V permit shall be reopened and revised under any of the following circumstances: i. If additional applicable requirements under the Act become applicable where this permit's remaining term is three or more years, a reopening shall be completed not 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 date on which this permit is due to expire , unless the original permit or any of its terms and conditions has been extended by the Department pursuant to the provisions of Part 201-6.7 and Part 621. ii. The Department or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standard s or other terms or conditions of the permit.

Air Pollution Control Permit Conditions Mod 5/Active Page 27 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 iii. The Department or the Administrator determines that the Title V permit must be revised or reopened to assure compliance with applicable requirements. iv. If the permitted facility is an "affected source" subject to the requirements of Title IV of the Act, and additional requirements (including excess emissions requirements) become applicable. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit. Item 22.2 : Proceedings to reopen and issue Title V facility permits shall follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to reopen exists. Item 22.3: Reopenings shall not be initiated before a notice of such intent is provided to the facility by the Department at least thirty days in advance of the date that the permit is to be reopened, except that the Department may provide a shorter time period in the case of an emergency. Condition 23: Right to Inspect Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 23.1: Upon presentation of credentials and other documents, as may be required by law, the permittee shall allow the Department or an authorized representative to perform the following: i. Enter upon the permittee's premises where the perm itted facility is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit; ii. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; iii. Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and iv. As authorized by the Act, samp le or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or applicable requirements. Condition 24: Severability Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 24.1: If any provisions, parts or conditions of this permit are found to be invalid or are the subject of a challenge, the remainder of this permit shall continue to be valid. Condition 25: Emission Unit Definition

Air Pollution Control Permit Conditions Mod 5/Active Page 28 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 25.1(From Mod 5): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-41000 Emission Unit Description: EMISSION UNIT 041000 CONSISTS OF THE TWO ROTARY, WET PROCESS KILNS (KILN 1 AND KILN 2) AND THE TWO CLINKER COOLERS (CLINKER COOLER 1 AND CLINKER COOLER 2). THERE ARE BUILDINGS AT EITHER END OF THE KILNS; THE DISCHARGE END BUILDING WHERE THE CLINKER COOL ERS ARE LOCATED, AND THE FEED END BUILDING. Building(s): DISCHENDBG FEEDENDBLG Item 25.2(From Mod 5): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-42000 Emission Unit Description: EMISSION UNIT 042000 CONSISTS OF CLINKER TRANSFER SYSTEMS FROM THE CLINKER COOLERS TO STORAGE SILOS #8 AND #11 LOCATED IN THE MILL BUILDING AND KILN DUST FROM THE KILNS TO THE DUST LANDFILL AND DUST SCOOP SYSTEMS. THE CLINKER TRANSPORT SYSTEMS CONSISTS OF BUCKET ELEVATORS AND DRAG CONVEYORS LOCATED IN THE DISCHARGE END BUILDING AND CLINKER WELLS IN THE STORAGE HALL. THE DUST SCOOP STORAGE BINS ARE LOCATED IN THE FEED END BLDG. AND THE DUST SCOOP SYSTEM IS LOCATED IN THE DUST SCOOP TOWERS ADJACENT TO THE KILNS. Building(s): DISCHENDBG FEEDENDBLG MILLBLDING PUGBLDG SCOOPTOWR1 SCOOPTOWR2 Item 25.3(From Mod 3): The facility is authorized to perform regulated processes under this permit for:

Air Pollution Control Permit Conditions Mod 5/Active Page 29 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Unit: 0-20000 Emission Unit Description: EMISSION UNIT 020000 CONTAINS EMISSION SOURCES INVOLVED IN THE HANDLING OF RAW MATERIALS AND SOLID FUELS AT THE FACILITY. THIS INCLUDES THE SECONDARY CRUSHER LOCATED IN THE SECONDARY CRUSHER BUILDING, CONVEYOR #7, WHICH DISCHARGES IN THE MILL BUILDLING, EMISSION 031000 CONSISTS OF THE RAW MILL 1 SYSTEM WHICH INCLUDES A BUCKET ELEVATOR, A MILL FEED BELT, A WOBBLER FEEDER AND TERTIARY CRUSHER. THE ENTIRE SYSTEM IS LOCATED IN THE MILL BUILDING. AND THE FLY ASH SYSTEM LOCATED IN THE MILL BUILDING AND FLY ASH SILO. Building(s): 2NDCRUSHER FLYASHSILO MILLBLDING Item 25.4(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-31000 Emission Unit Description: EMISSION 031000 CONSISTS OF THE RAW MILL 1 SYSTEM WHICH INCLUDES A BUCKET ELEVATOR, A MILL FEED BELT, A WOBBLER FEEDER AND TERTIARY CRUSHER. THE ENTIRE SYSTEM IS LOCATED IN THE MILL BUILDING Building(s): MILLBLDING Item 25.5(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-32000 Emission Unit Description: EMISSION 032000 CONSISTS OF THE RAW MILL 2 SYSTEM WHICH INCLUDES A BUCKET ELEVATOR, A FEED BELT TO THE MILL, A WOBBLER FEEDER AND TERTIARY CRUSHER. THE ENTIRE SYSTEM IS LOCATED IN THE MILL BUILDING. Building(s): MILLBLDING Item 25.6(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-51000

Air Pollution Control Permit Conditions Mod 5/Active Page 30 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Unit Description: EMISSION UNIT 051000 CONSISTS OF THE CEMENT MILL 1 SYSTEM. THIS INCLUDES FEED BELTS TO THE CEMENT MILL, THE MILL, CONVEYING EQUIPMENT AFTER THE MILL (BUCKET ELEVATOR AND AIR SLIDES), THE MILL 1 SEPARATOR AND CEMENT COOLER. ALL OF THE COMPONENTS OF THE C EMENT MILL 1 SYSTEM ARE CONTAINED IN THE MILL BUILDING. Building(s): MILLBLDING Item 25.7(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-52000 Emission Unit Description: EMISSION UNIT 052000 CONSISTS OF THE CEMENT MILL 2 SYSTEM. THIS INCLUDES FEED BELTS TO THE CEMENT MILL, THE MILL, CONVEYING EQUIPMENT AFTER THE MILL (BUCKET ELEVATOR AND AIR SLIDES), THE MILL 1 SEPARATOR AND CEMENT COOLER. ALL OF THE COMPONENTS OF THE C EMENT MILL 2 SYSTEM ARE CONTAINED IN THE MILL BUILDING. Building(s): MILLBLDING Item 25.8(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-53000 Emission Unit Description: EMISSION UNIT 053000 CONSISTS OF THE CEMENT MILL 3 SYSTEM. THIS INCLUDES FEED BELTS TO THE CEMENT MILL, THE MILL, CONVEYING EQUIPMENT AFTER THE MILL (BUCKET ELEVATOR AND AIR SLIDES), THE MILL 3 SEPARATOR AND CEMENT COOLER. ALL OF THE COMPONENTS OF THE C EMENT MILL 3 SYSTEM ARE CONTAINED IN THE MILL BUILDING. Building(s): MILLBLDING Item 25.9(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-54000 Emission Unit Description: EMISSION UNIT 054000 CONSISTS OF THE

Air Pollution Control Permit Conditions Mod 5/Active Page 31 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 CEMENT MILL 4 SYSTEM. THIS INCLUDES FEED BELTS TO THE CEMENT MILL, THE MILL, CONVEYING EQUIPMENT AFTER THE MILL (BUCKET ELEVATOR AND AIR SLIDES), THE TWO MILL 4 SEPARATORS AND CEMENT COOLER. ALL OF THE COMPONENTS OF THE CEMENT MILL 4 SYSTEM ARE CONTAINED IN THE MILL BUILDING. Building(s): MILLBLDING Item 25.10(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-71000 Emission Unit Description: EMISSION UNIT 071000 CONTAINS THE CEMENT LOADOUT AND PRODUCT SHIPMENT ACTIVITIES AT THE FACILITY. SPECIFICALLY, THIS INCLUDES THE NORTH AND SOUTH TRUCK LOADING SPOUTS AND THE RAILCAR LOADING SPOUTS LOCATED AT THE CUSTOMER SILOS, AND THE EAST AND WEST BAG GING MACHINES LOCATED IN THE PACKHOUSE AS WELL AS THE REVERSIBLE CONVEYORS WHICH TRANSFER PRODUCT TO THESE AREAS. MISCELLANEOUS EMISSION SOURCES ASSOCIATED WITH THE PACKHOUSE (BAG SHREDDER AND VACUUM) ARE ALSO INCLUDED IN EU 071000. Building(s): CUSTOSILOS PACKHSEBLG Item 25.11(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-72000 Emission Unit Description: EMISSION UNIT 072000 CONSISTS OF COVERED BELT CONVEYORS USED TO TRANSPORT FINISHED CEMENT BETWEEN THE CUSTOMER AND BUFFER SILOS AND FROM THE SILOS TO THE WHARF AREA FOR BARGE SHIPMENT. THE BELT THAT TRANSFERS PRODUCT BETWEEN THE CUSTOMER AND BUFFER SILOS IS LOCATED AT THE NORTH END OF THE BUFFER SILOS. THE THREE BELTS WHICH TRANSPORT PRODUCT TO THE WHARF ARE BELTS 8A, 8B, AND 9. PARTICULATE EMISSIONS FROM ALL TRANSFER POINTS ARE CONTROLLED BY BAGHOUSES.

Air Pollution Control Permit Conditions Mod 5/Active Page 32 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Building(s): BUFFESILOS Item 25.12(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-73000 Emission Unit Description: EMISSION UNIT 073000 CONSISTS OF THE K-CEMENT IMPORT AND STORAGE SYSTEM. K-CEMENT IS IMPORTED BY RAILCAR AND STORED IN TWO BERTHA TANKS LOCATED OUTSIDE BY THE CUSTOMER SILOS. PARTICULATE EMISSIOSN FROM THE TRANSFER OF K-CEMENT INTO THE TANKS ARE CONTROL LED BY A BAGHOUSE. Item 25.13(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 0-90000 Emission Unit Description: EMISSION UNIT 090000 CONTAINS EMISSION SOURCES INVOLVED IN THE FACILITY'S QUARRY OPERATIONS. THIS INCLUDES THE PRIMARY CRUSHER LOCATED IN THE PRIMARY CRUSHER BUILDING. Building(s): PRCRUSHER Item 25.14(From Mod 3): The facility is authorized to perform regulated processes under this permit for: Emission Unit: 1-00000 Emission Unit Description: EMISSIONS UNIT 100000 CONTAINS EMISSION SOURCES INVOLVED IN THE FACILITY'S WHARF OPERATIONS. THIS INCLUDES THE TRANSFER OF FINISHED PRODUCT FROM BELT 9 TO BARGES. PARTICULATE EMISSIONS FROM THIS TRANSFER IS CONTROLLED BY A BAGHOUSE. Building(s): WHARF AREA Condition 26: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.3(d)(10)(ii) Item 26.1: The Compliance Certification activity will be performed for the Facility.

Air Pollution Control Permit Conditions Mod 5/Active Page 33 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 26.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The facility shall comply with all of the plant-wide control methods in Chapter 2 and contingency measures in Chapter 4 of its Fugitive Dust Control Plan dated 3/12/1993. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2001. Subsequent reports are due every 6 calendar month(s). Condition 3-1: Reporting Requirements Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6.5(e) Item 3-1.1: Any reports due prior to the first calendar based certif ication must be submitted as previously indicated. All reports due thereafter will be submitted on a calendar basis. Condition 5-20: Facility Permissible Emissions Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-7.1 Item 5-20.1: The sum of emissions from the emission units specified in this permit shall not equal or exceed the following Potential To Emit (PTE) rate for each regulated contaminant:

CAS No: 000630-08-0 (From Mod 5) PTE: 2,892,509 p ounds per year Name: CARBON MONOXIDE Condition 5-21: Notification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-1.2

Air Pollution Control Permit Conditions Mod 5/Active Page 34 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Item 5-21.1: A person who is required by the commissioner to subm it a stack test report shall notify the commissioner, in writing, not less than 30 days prior to the test, of the time and date of the test. Such notification shall also include the acceptable procedures to be used to stack test including sampling and analytical procedures. Such person shall allow the commissioner, or his representative, free access to observe stack testing being conducted by such person. Condition 5-22: Acceptable procedures Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-1.3(a) Item 5-22.1: Emission testing, sampling and analy tical determinations to ascertain compliance with this Subchapter shall be conducted in accordance with test met hods acceptable to the commissioner. The Reference Methods contained in part 60, appendix A and part 61, appendix B of title 40 of the Code of Federal Regulations and all future technical revisions, additions or corrections made thereto shall be considered as acceptable test methods for those sources and contam inants for which they are expressly applicable, except where the commissioner has issued a specific method to be used instead of a Reference Method contained in these Federal regulations or where the commissioner determines that one or more alternate methods are also acceptable. The person who owns or operates an air contamination source shall submit the emission test report in triplicate, to the commissioner within 60 days after the completion of tests. In the event such source owner/operator can demonstrate to the commissioner such time is not sufficient, he may request in writing and be granted an extension. Where an opacity emission standard is applicable to the source tested, the emission test report shall include the opacity observation. Condition 34: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 212.3 Item 34.1: The Compliance Certification activity will be performed for the Facility. Item 34.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Emissions or air contaminants to the outdoor atmosphere from any existing process emission source are restricted as follows: (a) No person will cause or allow emissions that violate the requirement specified in Table 2, 3, or 4 of this Part for the environmental rating issued by the commissioner; or

Air Pollution Control Permit Conditions Mod 5/Active Page 35 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 (b) In instances where determination of permissible emission rate using process weight is not applicable (see Table 5) and for an environmental rating of B or C, no person will cause or allow emissions of solid particulates that exceed 0.15 grains per dscf of exhaust gas, corrected for dilution air. Compliance testing to be performed and reported only at the discretion of the Department. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 35: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 212.4 Item 35.1: The Compliance Certification activity will be performed for the Facility. Item 35.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Emissions or air contaminants to the outdoor atmosphere from any new process emission source and/or modification are restricted as follows: (a) No person will cause or allow emissions that violate the requirement specified in Table 2, 3, or 4 of this Part for the environmental rating issued by the commissioner; or (b) For gases and liquid particulates with an environmental rating of A, B, or C, and for solid particulates with an environmental rating of of A, where the ERP is not shown in Table 2 the permissible emission rate shall be specified by the commissioner; or (c) In instances where determination of permissible emission rate using process weight is not applicable (see Table 5) and for an environmental rating of B or C, no person will cause or allow emissions of solid particulates that exceed 0. 050 grains per dscf of exhaust gas. Compliance testing to be performed only at the discretion

Air Pollution Control Permit Conditions Mod 5/Active Page 36 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 of the Department. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 5-23: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 212.10(f) Item 5-23.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY998-00-0 VOC CAS No: 0NY210-00-0 OXIDES OF NITROGEN Item 5-23.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Owners and/or operators of emission points located at facilities described in subdivision 212.10(a) which commence construction after August 15, 1994 must submit a RACT demonstration for nitrogen oxides and volatile organic compound emissions with each application for a permit to construct. Reasonably available control technology must be implemented on these emission points when operation commences. A RACT analysis is not required for new emission points with nitrogen oxideand volatile organic compound emission rate potentials less than 3.0 pounds per hour and actual emissions in the absence of control equipment less than 15.0 pounds per day at facilities located outside of the Lower Orange County and New York City metropolitan areas. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 1/30/2007. Subsequent reports are due every 12 calendar month(s). Condition 37: Opacity reduction program Effective between the dates of 04/27/2001 and 04/26/2006

Air Pollution Control Permit Conditions Mod 5/Active Page 37 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001
Applicable Federal Requirement: 6NYCRR 220.4(c) Item 37.1: Any person who owns or operates an area, parking lot, clinker gallery, railcar loading shed, conveyor tunnel, access road, stockpile, building opening, or refuse disposal area at a portland cement plant that has the potential to emit visible emissions for one continuous hour or longer must apply corrective measures to eliminate such potential. Condition 38: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.4(d) Item 38.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 38.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: No person will cause or allow emissions to the outdoor atmosphere that have an average six-minute opacity of 20 percent or more, except uncombined water, from any other confined processes. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY Condition 42: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 225-1.8 Item 42.1: The Compliance Certification activity will be performed for the Facility. Item 42.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description:

Air Pollution Control Permit Conditions Mod 5/Active Page 38 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Upon request the owner or operator of a facility which purchases and fires coal or oil shall submit reports to the commissioner containing a fuel analysis, information on the quantity of the fuel received, burned, and results of any stack sampling, stack monitoring and any other procedures to ensure compliance with the provisions of 6 NYCRR Part 225-1. All records shall be available for a minimum of three years. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2001. Subsequent reports are due every 6 calendar month(s). Condition 3-4: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1347,Subpart LLL Item 3-4.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 3-4.2: Compliance Certification shall include the following monitoring: Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE PARAMETERS AS SURROGATE Monitoring Description: The owner or operator of each new or existing raw mill or finish mill at a facility which is a major source subject to the provisions of this subpart shall not cause to be discharged from the mill sweep or air separator air pollution control devices of these affected sources any gases which exhibit opacity in excess of 10 percent. Parameter Monitored: OPACITY Upper Permit Limit: 10 percent Monitoring Frequency: DAILY Averaging Method: 6-MINUTE AVERAGE (METHOD 22) Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2002.

Air Pollution Control Permit Conditions Mod 5/Active Page 39 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Subsequent reports are due every 6 calendar month(s). Condition 3-5: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1348,Subpart LLL Item 3-5.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 3-5.2: Compliance Certification shall include the following monitoring: Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE PARAMETERS AS SURROGATE Monitoring Description: The owner or operator of each new or existing raw material, clinker or finished product storage bin, conveying system transfer point, bagging system and bulk unloading or loading system and each raw material dryer at a facility which is a major source subject to Subpart LLL shall not discharge gases with opacity in excess of 10 percent in a one minute average. Parameter Monitored: OPACITY Upper Permit Limit: 10 percent Monitoring Frequency: MONTHLY Averaging Method: AVERAGING METHOD - SEE MONITORING DESCRIPTION Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2002. Subsequent reports are due every 6 calendar month(s). Condition 43: Performance testing requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(a) , Subpart LLL Item 43.1: The owner or operator of an affected source subject to Subpart LLL shall demonstrate initial compliance with the emissions limits of Subpart LLL using the test met hods and procedures in paragraph (b) of 40 CFR 63.1349 and 40 CFR 63.7 Performance test results shall be documented in complete test reports that contain the information required by paragraphs (a)(1) through (a)(10) of 40 CFR 63. 1349.

Air Pollution Control Permit Conditions Mod 5/Active Page 40 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Condition 3-6: Performance testing requirements Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(b)(1 ), Subpart LLL Item 3-6.1: The owner or operator of a kiln subject to limitations on particulate matter emissions shall demonstrate initial compliance by conducting a performance test as specified in paragraphs (b)(1)(i) through (b)(1)(iv) of 40 CFR 63.1349. The owner or operator of a clinker cooler subject to limitations on particulate matter emissions shall demonstrate initial compliance by conducting a performance test as specified in paragraphs (b)(1)(i) through (b)(1)(iii) of 40 CFR 63. 1349. The opacity exhibited during the period of the Met hod 5 of Appendix A of 40 CFR 60 performance tests required by paragraph (b)(1)(i) of 40 CFR 63.1349 shall be determined as required in (b)(1)(v) through (vi) of 40 CFR 63. 1349. Condition 3-7: Performance testing requirements Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(b)(2 ), Subpart LLL Item 3-7.1: The owner or operator of any affected source subject to limitations on opacity under Subpart LLL that is not subject to 40 CFR 63.1349(b)(1) shall demonstrate initial complaince with the affected source opacity limit by conducting a test in accordance with Method 9 of Appendix A or 40 CFR 60. The performance test shall be conducted under the conditions that exist when the affected source is operating at the highest load or capacity level reasonably expected to occur. The maximum six-minute average opacity exhibited during the test periods shall be used to determine whether the affected source is in initial compliance with the standard. The duration of the Method 9 performance test shall be three hours. Tests shall be repeated every five years as per 40 CFR 63.1349(c). Condition 44: Performance testing requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(b)(3 ), Subpart LLL Item 44.1: The owner or operator of an affected source subject to limitations on D/F emissions shall demonstrate initial compliance with the D/F emission limit by conducting a performance test using Method 23 of appendix A of 40 CFR 60. Condition 45: Performance testing requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(c) , Subpart LLL

Air Pollution Control Permit Conditions Mod 5/Active Page 41 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Item 45.1: The performance tests required under 40 CFR 63. 1349(b)(1) and (2) shall be repeated every five years. The owner or operator of a kiln or clinker cooler is not required to repeat the initial performance test of opacity for the kiln or clinker cooler. Condition 46: Performance testing requiements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(d) , Subpart LLL Item 46.1: Performance tests required under 40 CFR 63. 1349(b)(3) shall be repeated every 30 months. Condition 47: Performance testing requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(e) , Subpart LLL Item 47.1: The owner or operator is required to repeat the performance tests for kilns as specified in 40 CFR 63.1349(b)(1) and (b)(3) within 90 days of initiating any significant change in the feed or fuel from that used in the previous performance test. Condition 48: Monitoring Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(a) , Subpart LLL Item 48.1: The owner or operator of each portland cement plant shall prepare for each affected source subject to the provisions of Subpart LLL a written operations and maintenance plan. The plan shall be submitted to the Administrator for review and approval as part of the application for a Part 70 (Title V) permit and shall include the following information: - procedures for proper operation and maintenance of the affected source and air pollution control devices in order to meet the emissions limits and operating limits of 40 CFR 63.1343 thr ough 63. 1348; - corrective actions to be taken when required by 40 CFR 63.1350(e); - procedures to be used during an inspection of the components of the combustion system of each kiln; - procedures to be used to periodically monitor affected sources subject to opacity standards under 40 CFR 63.1346 and 63.1348. Condition 3-8: Monitoring requirements - 1 minute visible emissions test Effective between the dates of 04/11/2002 and 04/26/2006

Air Pollution Control Permit Conditions Mod 5/Active Page 42 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Applicable Federal Requirement: 40CFR 63.1350(a)(4 )(i), Subpart LLL Item 3-8.1: The owner or operator must conduct a monthly 1-minute visible emissions test of each affected source subject to opacity standards under 40 CFR 63. 1346 and 63.1348, in accordance with Method 22 of Appendix A of 40 CFR 60. The test must be conducted while the affected source is in operation. Condition 49: Monitoring Requirements - compy with O&M Plan Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(b) , Subpart LLL Item 49.1: Failure to comply with any provision of the operations and maintenance plan developed in accordance with paragraph (a) of 40 CFR 63.1350 shall be a violation of the standard. Condition 3-9: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(e) , Subpart LLL Item 3-9.1: The Compliance Certification activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 3-9.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator or a raw mill or finish mill shall monitor opacity by conducting daily visual observations of the mill sweep and air separator PMCDs of the affected sources, in accordance with the procedures of Method 22 of Appendix A of 40 CFR 60. The Method 22 test shall be conducted while the affected source is operating at the highest load or capacity level reasonably expected to occur within the day. The duration of the Method 22 test shall be six minutes. If visible emissions are observed during any Method 22 visible emission test, the owner or operator must: Initiate, within one hour, the corrective actions specified in the site specific operating and maintenance plan; and

Air Pollution Control Permit Conditions Mod 5/Active Page 43 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Within 24 hours of the end of the Method 22 test in which visible emissions were observed, conduct a visual opacity test of each stack from which visible emissions were observed in accordance with Method 9 of Appendix A of 40 CFR 60. The duration of the Method 9 test shall be thirty minutes. Monitoring Frequency: DAILY Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2002. Subsequent reports are due every 6 calendar month(s). Condition 50: Monitoring requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(j),Subpart LLL Item 50.1: The owner or operator of an affected source subject to a limitation on opacity shall monitor opacity in accordance with the operation and maintenance plan developed in accordance with paragraph (a) of 40 CFR 63.1350. Condition 51: Compliance Dates Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1351(a) , Subpart LLL Item 51.1: The compliance date for an owner or operator of an existing affected source subject to Subpart LLL is June 10, 2002. Condition 52: Additional Test Methods Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1352,Subpart LLL Item 52.1: Owners or operators conducting tests to determine the rates of emission of hydrogen chloride from kilns at portland cement manufacturing facilities, for use in applicability determinations under 40 CFR 63. 1340 are permitted to use Method 320 or 321 of Appendix A of 40 CFR 63. Owners or operators conducting tests to determine the rates of emissions of hydrogen chloride from kilns at portland cement manufacturing facilities, for use in applicability determinations under 40 CFR 63. 1340 are permitted to use Methods 26 or 26A of Appendix A of 40 CFR 60, except that the results of these tests shall not be used to establish status as an area source.

Air Pollution Control Permit Conditions Mod 5/Active Page 44 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001
Owners or operators conducting tests to determine the rates of emission of specific organic HAP from kilns at portland cement manufacturing facilities, for use in applicability determinations under 40 CFR 63.1340 are perm itted to use Method 320 of Appendix A of 40 CFR 63 or Met hod 18 of Appendix A of 40 CFR 60. Condition 53: Notification Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1353,Subpart LLL Item 53.1: The notification provisions of 40 CFR 63 Subpart A that apply and those that do not apply to owners and operators of affected sources subject to Subpart LLL are listed in Table 1 of 40 CFR 63. 1350. Each owner or operator subject to the requirements of Subpart LLL shall comply with the notifications requirements are follows: - Initial notifications are required by 40 CFR 63.9(b) through (d) - Notification of performance tests - Notification of opacity and visible emission observations - Notification of the date that the continuous emission monitor performance evaluation is scheduled to begin - Notification of compliance status. Condition 54: Reporting Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1354,Subpart LLL Item 54.1: The affected facility shall comply with the reporting requirements specified in 40 CFR 63. 1354. Condition 55: Recordkeeping Requirements Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1355,Subpart LLL Item 55.1: The owner or operator shall maintain files of all information required in 40 CFR 63.1355 in a form suitable and readily available for inspection and review. The files shall be retained for at least 5 years following the date of each occurance, measurement, maintenance, corrective action, report or record. At a minimum., the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. The owner or operator shall maintain records for each affected source as required by 40 CFR 63.10(b)(2) and (3) and:

Air Pollution Control Permit Conditions Mod 5/Active Page 45 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 - All documentation supporting initial notifications and notifications of compliance status under 40 CFR 63.9; - All records of applicability determin ation, including supporting analyses; and - If the owner or operator has been granted a waiver under 40 CFR 63.8(f)(6), any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements. In addition to the recordkeeping requirements above, the owner or operator of an affected source equipped with a continuous monitoring system shall maintain all records required under 40 CFR 63.10(c). Condition 56: Exemption from NSPS Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1356,Subpart LLL Item 56.1: Except as noted below, any affected source subject to the provisions of Subpart LLL is exempted from any otherwise applicable new source performance standard contained in 40 CFR 60 Subpart F. Kilns, as applicable under 40 CFR 60.60(b) located at area sources are subject to PM and opacity limits and associated reporting and recordkkeping, under 40 CFR 60 Subpart F. Greenfield raw material dryers, as applicable under 40 CFR 60.60(b), located at area sources are subject to opacity limits and associated recordkeeping and reporting requirements under 40 CFR 60 Subpart F.

** ** Emission Unit Level   Condition 58: Emission Point Definition By Emission Unit Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 58.1(From Mod 5): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-41000 Emission Point: 43101 Height (ft.): 350 Diameter (in.): 240 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: FEEDENDBLG Emission Point: 45101 Height (ft.): 127 Diameter (in.): 120 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: DISCHENDBG

Air Pollution Control Permit Conditions Mod 5/Active Page 46 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Point: 45201 Height (ft.): 127 Diameter (in.): 120 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: DISCHENDBG Item 58.2(From Mod 5): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-42000 Emission Point: 40100 Height (ft.): 114 Length (in.): 12 Width (in.): 24 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: PUGBLDG Emission Point: 46008 Height (ft.): 112 Length (in.): 16 Width (in.): 16 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 46011 Height (ft.): 91 Length (in.): 16 Width (in.): 16 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 46018 Height (ft.): 130 Diameter (in.): 32 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: DISCHENDBG Emission Point: 46019 Height (ft.): 130 Diameter (in.): 32 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: DISCHENDBG Item 58.3(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-20000 Emission Point: 34301 Height (ft.): 55 Diameter (in.): 22 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: 2NDCRUSHER Emission Point: 46012 Height (ft.): 77 Length (in.): 22 Width (in.): 15 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: FLYASHSILO Emission Point: 46013 Height (ft.): 114 Diameter (in.): 12 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 46017

Air Pollution Control Permit Conditions Mod 5/Active Page 47 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Height (ft.): 97 Length (in.): 12 Width (in.): 14 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.4(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-31000 Emission Point: 35101 Height (ft.): 53 Length (in.): 18 Width (in.): 14 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.5(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-32000 Emission Point: 35201 Height (ft.): 53 Length (in.): 18 Width (in.): 14 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.6(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-42000 Emission Point: 43102 Height (ft.): 74 Length (in.): 12 Width (in.): 11 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: FEEDENDBLG Emission Point: 43103 Height (ft.): 81 Diameter (in.): 38 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: SCOOPTOWR1 Emission Point: 43104 Height (ft.): 74 Length (in.): 12 Width (in.): 11 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: FEEDENDBLG Emission Point: 43105 Height (ft.): 81 Diameter (in.): 38 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: SCOOPTOWR2 Item 58.7(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-51000

Air Pollution Control Permit Conditions Mod 5/Active Page 48 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Point: 52101 Height (ft.): 51 Length (in.): 18 Width (in.): 15 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53101 Height (ft.): 54 Length (in.): 29 Width (in.): 22 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53102 Height (ft.): 128 Diameter (in.): 50 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.8(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-52000 Emission Point: 52201 Height (ft.): 51 Length (in.): 18 Width (in.): 15 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53201 Height (ft.): 54 Length (in.): 29 Width (in.): 22 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53202 Height (ft.): 120 Diameter (in.): 50 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.9(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-53000 Emission Point: 52301 Height (ft.): 51 Length (in.): 18 Width (in.): 15 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53301 Height (ft.): 54 Length (in.): 29 Width (in.): 22 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53302 Height (ft.): 120 Diameter (in.): 50 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.10(From Mod 3):

Air Pollution Control Permit Conditions Mod 5/Active Page 49 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-54000 Emission Point: 52401 Height (ft.): 92 Diameter (in.): 36 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53401 Height (ft.): 52 Length (in.): 42 Width (in.): 18 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53402 Height (ft.): 135 Diameter (in.): 48 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Emission Point: 53403 Height (ft.): 135 Diameter (in.): 48 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: MILLBLDING Item 58.11(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-71000 Emission Point: 62007 Height (ft.): 57 Diameter (in.): 21 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: CUSTOSILOS Emission Point: 62008 Height (ft.): 57 Diameter (in.): 21 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: CUSTOSILOS Emission Point: 62009 Height (ft.): 60 Diameter (in.): 21 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: CUSTOSILOS Emission Point: 63001 Height (ft.): 55 Diameter (in.): 20 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: PACKHSEBLG Emission Point: 63002 Height (ft.): 55 Diameter (in.): 20 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: PACKHSEBLG Emission Point: 63003 Height (ft.): 30 Diameter (in.): 6

Air Pollution Control Permit Conditions Mod 5/Active Page 50 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: PACKHSEBLG Emission Point: 63004 Height (ft.): 33 Length (in.): 13 Width (in.): 11 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: PACKHSEBLG Item 58.12(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-72000 Emission Point: 57001 Height (ft.): 17 Diameter (in.): 17 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: BUFFESILOS Emission Point: 57002 Height (ft.): 27 Diameter (in.): 16 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Emission Point: 57003 Height (ft.): 41 Length (in.): 12 Width (in.): 11 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Emission Point: 62001 Height (ft.): 23 Diameter (in.): 16 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Building: BUFFESILOS Item 58.13(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-73000 Emission Point: 62010 Height (ft.): 20 Diameter (in.): 7 NYTMN (km.): 4705.6 NYTME (km.): 597.3 Item 58.14(From Mod 3): The following emission points are included in this permit for the cited Emission Unit: Emission Unit: 0-90000 Emission Point: 32002 Height (ft.): 40 Diameter (in.): 18 NYTMN (km.): 4704.5 NYTME (km.): 596.2 Building: PRCRUSHER Item 58.15(From Mod 3): The following emission points are included in this permit for the cited Emission Unit:

Air Pollution Control Permit Conditions Mod 5/Active Page 51 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Emission Unit: 1-00000 Emission Point: 58001 Height (ft.): 102 Diameter (in.): 13 NYTMN (km.): 4704.8 NYTME (km.): 599.3 Building: WHARF AREA Condition 59: Process Definition By Emission Unit Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-6 Item 59.1(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 41000 Process: CC1 Source Classification Code: 3-05-007-14 Process Description: CLINKER FROM KILN 1 IS AIR-COOLED IN CLINKER COOLER 1. PARTICULATE EMISSIONS ARE CONTROLLED BY A FABRIC FILTER DUST COLLECTOR. THE CLINKER COOLER IS LOCATED IN THE KILN DISCHARGE END BUILDING. Emission Source/Control: 4DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 4CLC1 - Process Item 59.2(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 41000 Process: CC2 Source Classification Code: 3-05-007-14 Process Description: CLINKER FROM KILN 2 IS AIR-COOLED IN CLINKER COOLER 2. PARTICULATE EMISSIONS ARE CONTROLLED BY A FABRIC FILTER DUST COLLECTOR. THE CLINKER COOLER IS LOCATED IN THE KILN DISCHARGE END BUILDING. Emission Source/Control: 4DC02 - Control Control Type: FABRIC FILTER Emission Source/Control: 4CLC2 - Process Item 59.3(From Mod 5):

Air Pollution Control Permit Conditions Mod 5/Active Page 52 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 41000 Process: K12 Source Classification Code: 3-05-007-06 Process Description: MANUFACTURE OF CLINKER BY TWO ROTARY WET PROCESS KILNS. IN THE WET PROCESS, THE KILNS ARE PRIMARILY FED A WATER-BASED SLURRY. THE WATER IS DRIVEN OFF IN THE KILN AND THE RAW FEED IS CONVERTED TO CLINKER. PARTICULATE EMISSIONS ARE CONTROLLED BY TWO ELECTROSTATIC PRECIPITATOR UNITS, EACH CONSISTING OF TWO UNITS (LOWER AND UPPER). BOTH ESPS ARE CONNECTED TO A SINGLE, MAIN STACK (EP 43101). DURING NORMAL PRODUCTION OPERATION, THE KILNS USE A SOLID FUEL MIXTURE OF COAL AND/OR COKE OR LIQUID FUELS SUCH AS FUEL OIL. WHEN THE KILNS ARE STARTED UP, FUEL OIL IS USED TO PREHEAT THEM BEFORE RESUMING NORMAL PRODUCTION OPERATIONS. AS A SOLID FUEL, THE KILNS MAY ALSO UTILIZE TIRE-DERIVED-FUEL (TDF) WHICH MAY BE FIRED IN THE KILN THROUGH A MID-KILN INJECTION SYSTEM AND ASSOCIATED CONVEYING AND HANDLING EQUIPMENT. TDF MAY BE USED TO REPLACE UP TO 20% OF THE FOSSIL SOLID FUEL HEAT INPUT (APPROXIMATELY 6 TIRES PER REVOLUTION) FOR EACH OF THE TWO CEMENT KILNS. TDF WILL NOT BE USED DURING KILN START UP AND SHUT DOWN (START UP AND SHUT DOWN AS DEFINED IN THE FACILITY'S START UP, SHUTDOWN, MALFUNCTION (SSM) PLAN); USAGE WILL BE CEASED DURING MALFUNCTION (MALFUNCTION AS DEFINED IN THE SSM PLAN). THE SSM PLAN SHALL BE REVISED TO ADDRESS TDF FIRING. TDF WILL NOT BE FIRED WITHOUT NYSDEC APPROVAL OF THE REVISED SSM PLAN. A MIXING FAN WILL BE INSTALLED IN THE KILNS TO AID TDF COMBUSTION.

Air Pollution Control Permit Conditions Mod 5/Active Page 53 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Emission Source/Control: 4ESP1 - Control Control Type: ELECTROSTATIC PRECIPITATOR Emission Source/Control: 4ESP2 - Control Control Type: ELECTROSTATIC PRECIPITATOR Emission Source/Control: 4KLN1 - Process Emission Source/Control: 4KLN2 - Process Item 59.4(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: CX1 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER FROM THE CLINKER TRANSPORT SYSTEMS FOR EACH KILN SYSTEM TO CLINKER SILO 8 AND CLINKER SILO 11 LOCATED IN THE MILL BUILDING. Emission Source/Control: 4DC03 - Control Control Type: FABRIC FILTER Emission Source/Control: 4DC04 - Control Control Type: FABRIC FILTER Emission Source/Control: 4FB08 - Process Emission Source/Control: 4FB11 - Process Emission Source/Control: 4SL08 - Process Emission Source/Control: 4SL11 - Process Item 59.5(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: CX2 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER COOLER 1 VIA CLINKER TRANSPORT SYSTEM 1 AND FROM CLINKER COOLER 2 VIA CLINKER TRANSPORT SYSTEM 2 TO THE

Air Pollution Control Permit Conditions Mod 5/Active Page 54 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 FEED BELTS FOR CLINKER SILOS 8 AND 11. CLINKER TRANSPORT SYSTEM 1 IS COMPRISED OF THE EAST BUCKET ELEVATOR (#461206), THE WEST BUC KET ELEVATOR (#461207), THE EAST DRAG CONVEYOR (#461208), THE WEST DRAG CONVEYOR (461209) AND THE KILN 1 CLINKER WELL IN THE CLINKER STORAGE HALL. CLINKER TRANSPORT SYSTEM 2 IS COMPRISED OF THE EAST BUCKET ELEVATOR (#462206), THE WEST BUCKET ELEVATOR (#4 62207), THE EAST DRAG CONVEYOR (#462208), THE WEST DRAG CONVEYOR (#462209), THE COLLECTOR DRAG CONVEYOR (#460204) AND THE KILN 2 CLINKER WELL IN THE CLINKER STORAGE HALL. BOTH TRANSPORT SYSTEMS ARE LOCATED IN THE DISCHARGE END BUILDING. THIS PROCESS INC LUDES ALLEVIATORS ON THE KILN 1 AND KILN 2 DISCHARGE END DUST SILOS. Emission Source/Control: 4DC05 - Control Control Type: FABRIC FILTER Emission Source/Control: 4DC06 - Control Control Type: FABRIC FILTER Emission Source/Control: 4CLX1 - Process Emission Source/Control: 4CLX2 - Process Emission Source/Control: 4K1DS - Process Emission Source/Control: 4K2DS - Process Item 59.6(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: CX3 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER TO THE DUST SCOOP SYSTEM #1. CLINKER WILL BE INJECTED INTO THE KILN VIA THE EXISTING DUST SCOOP SYSTEM. TRANSFER POINTS WILL BE VENTED TO A FABRIC FILTER DUST COLLECTOR. Emission Source/Control: 4DC12 - Control Control Type: FABRIC FILTER

Air Pollution Control Permit Conditions Mod 5/Active Page 55 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Emission Source/Control: 4CLX3 - Process Item 59.7(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: DS1 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CEMENT KILN DUST (CKD) TO THE DUST SCOOP STORAGE BIN #1 IN THE FEED END BUILDING AND THEN TO DUST SCOOP TOWER AND TRANSFER SYSTEM #1 WHERE IT IS REINTRODUCED INTO KILN 1. THE DUST SCOOP TOWER IS LOCATED ADJACENT TO KILN 1 AS THE SCOOP SYSTEM IS A DEVICE WHICH INTRODUCES CKD BACK INTO THE HOT SECTION OF THE KILN, BENEATH THE FORMING CLINKER. Emission Source/Control: 4DC07 - Control Control Type: FABRIC FILTER Emission Source/Control: 4DC08 - Control Control Type: FABRIC FILTER Emission Source/Control: 4DSB1 - Process Emission Source/Control: 4DSX1 - Process Item 59.8(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: DS2 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CEMENT KILN DUST (CKD) TO DUST SCOOP STORAGE BIN #2 IN THE FEED END BUILDING AND THEN TO DUST SCOOP TOWER AND TRANSFER SYSTEM #2 WHERE IT IS TO BE REINTRODUCED INTO KILN 2. THE DUST SCOOP SYSTEM #2 WILL BE IDENTICAL IN DESIGN TO DUST SCOOP SYSTEM #1. THIS PROCESS IS CONSIDERED TO BE AN ALTERNATE OPERATING SCENARIO FOR TITLE V PURPOSES AND FURTHER DETAIL IS PROVIDED IN APPENDIX F. Emission Source/Control: 4DC09 - Control

Air Pollution Control Permit Conditions Mod 5/Active Page 56 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Control Type: FABRIC FILTER Emission Source/Control: 4DC10 - Control Control Type: FABRIC FILTER Emission Source/Control: 4DSB2 - Process Emission Source/Control: 4DSX2 - Process Item 59.9(From Mod 5): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: PUG Source Classification Code: 3-05-007-99 Process Description: TRANSFER OF CKD TO THE PUG MILL SYSTEM. DUST WILL BE PENUMATICALLY CONVEYED FROM THE DUST WASTE SILO IN THE KILN FEED END BUILDING TO AN INTERMEDIATE DUST STORAGE SILO FOR THE PUG MILL SYSTEM. DUST WILL BE TRANSFERRED FROM THE SILO TO THE PUG MILL VIA AN AIR SLIDE. ALL TRANSFER POINTS ARE CONTROLLED BY A FABRIC FILTER (4DC11). THE PUGMILL'S FUNCTION IS TO PRE-CONDITION THE DUST PRIOR TO REMOVAL. Emission Source/Control: 4DC11 - Control Control Type: FABRIC FILTER Emission Source/Control: 04PUG - Process Item 59.10(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 20000 Process: FAX Source Classification Code: 3-05-007-12 Process Description: TRANSFER OF FLY ASH TO FLY ASH STORAGE SILO FROM TRUCKS AND FROM SILO TO FLY ASH ALLEVIATOR. Emission Source/Control: 2DC03 - Control Control Type: FABRIC FILTER Emission Source/Control: 2DC04 - Control Control Type: FABRIC FILTER

Air Pollution Control Permit Conditions Mod 5/Active Page 57 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Source/Control: 2FAST - Process Emission Source/Control: 2FATR - Process Item 59.11(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 20000 Process: LCR Source Classification Code: 3-05-007-10 Process Description: SECONDARY CRUSHING OF CALCIUM SOURCES (E.G., LIMESTONE) USED IN CEMENT MANUFACTURE. Emission Source/Control: 2DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 2CRSH - Process Item 59.12(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 20000 Process: RX1 Source Classification Code: 3-05-007-12 Process Description: TRANSFER OF RAW MATERIALS THROUGH THE SECONDARY CRUSHER AND ONTO CONVEYOR #7. CALCIUM SOURCES (LIMESTONE), SOLID FUELS, AND IRON SOURCES ARE TRANSFERRED THROUGH THE SECONDARY CRUSHER AND ONLY CONVEYOR #7. Emission Source/Control: 2DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 2C7ON - Process Emission Source/Control: 2CRSH - Process Emission Source/Control: 2CRWF - Process Item 59.13(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 20000 Process: RX2 Source Classification Code: 3-05-007-12 Process Description:

Air Pollution Control Permit Conditions Mod 5/Active Page 58 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 TRANSFER OF RAW MATERIALS (CALCIUM SOURCES, SOLID FUEL, AND IRON SOURCES) FROM CONVEYOR 7 DISCHARGE CHUTE TO THE SHUTTLE BELT LOAD CHUTE. Emission Source/Control: 2DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 2DC02 - Control Control Type: FABRIC FILTER Emission Source/Control: 2C7OF - Process Emission Source/Control: 2C7ON - Process Emission Source/Control: 2CRSH - Process Emission Source/Control: 2CRWF - Process Item 59.14(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 31000 Process: RM1 Source Classification Code: 3-05-007-12 Process Description: TRANSFER OF RAW MATERIAL THROUGH BUCKET ELEVATOR, FEED BELT AND WOBBLER FEEDER/TERTIARY CRUSHER TO RAW MILL 1. Emission Source/Control: 3DC01 - Control Control Type: WET SCRUBBER Emission Source/Control: 3M1BE - Process Emission Source/Control: 3M1FB - Process Emission Source/Control: 3M1TC - Process Item 59.15(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 31000 Process: TC1 Source Classification Code: 3-05-007-10 Process Description: TERTIARY CRUSHING OF RAW MATERIAL PRIOR TO RAW MILL 1.

Air Pollution Control Permit Conditions Mod 5/Active Page 59 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Source/Control: 3DC01 - Control Control Type: WET SCRUBBER Emission Source/Control: 3M1TC - Process Item 59.16(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 32000 Process: RM2 Source Classification Code: 3-05-007-12 Process Description: TRANSFER OF RAW MATERIAL THROUGH BUCKET ELEVATOR, FEED BELT AND WOBBLER FEEDER/TERTIARY CRUSHER TO RAW MILL 2. Emission Source/Control: 3DC02 - Control Control Type: WET SCRUBBER Emission Source/Control: 3M2BE - Process Emission Source/Control: 3M2FB - Process Emission Source/Control: 3M2TC - Process Item 59.17(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 32000 Process: TC2 Source Classification Code: 3-05-007-10 Process Description: TERTIARY CRUSHING OF RAW MATERIAL PRIOR TO RAW MILL 2. Emission Source/Control: 3DC02 - Control Control Type: WET SCRUBBER Emission Source/Control: 3M2TC - Process Item 59.18(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 42000 Process: PEL Source Classification Code: 3-05-007-99 Process Description: TRANSFER OF CKD TO THE PELLETIZER SYSTEM. DUST WILL BE PENUMATICALLY CONVEYED (VIA EXISTING EQUIPMENT) FROM THE DUST WASTE

Air Pollution Control Permit Conditions Mod 5/Active Page 60 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 SILO IN THE KILN FEED END BUILDNIG TO AN INTERMEDIATE DUST STORAGE SILO FOR THE PELLETIZER SYSTEM. DUST WILL BE TRANSFERRED FROM T HE SILO TO THE PELLETIZER UNIT VIA SCREW CONVEYOR. ALL TRANSFER POINTS ARE TO BE CONTROLLED BY A FABRIC FILTER (4DC11). THIS SYSTEM IS TO BE INSTALLED IN APRIL 1998. THIS PROCESS IS CONSIDERED TO BE AN ALTERNATE OPERATING SCENARIO FOR TITLE V PURPOSES AND FURTHER DETAIL IS PROVIDED IN APPENDIX F. Emission Source/Control: 4DC11 - Control Control Type: FABRIC FILTER Emission Source/Control: 4PELL - Process Item 59.19(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 51000 Process: CM1 Source Classification Code: 3-05-007-17 Process Description: GRINDING OF CLINKER TO PRODUCE FINISHED PORTLAND CEMENT. THIS PROCESS IS LOCATED IN THE MILL BUILDING. Emission Source/Control: 5DC02 - Control Control Type: FABRIC FILTER Emission Source/Control: 51MIL - Process Item 59.20(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 51000 Process: FX1 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER TO CEMENT MILL 1 AND THE TRANSFER OF FINISHED CEMENT THROUGH THE CEMENT MILL 1 SYSTEM'S SEPARATOR, BUCKET ELEVATOR, AIRSLIDES, CEMENT COOLER, AND THE HOPPER ABOVE THE FK PUMP WHICH TRANSPORTS IT TO THE CUSTOMER AND BUFFER STORAGE SILOS . THE ENTIRE CEMENT MILL 1 SYSTEM IS CONTAINED IN THE MILL BUILDING.

Air Pollution Control Permit Conditions Mod 5/Active Page 61 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Source/Control: 5DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 5DC03 - Control Control Type: FABRIC FILTER Emission Source/Control: 51AUX - Process Emission Source/Control: 51BE1 - Process Emission Source/Control: 51FBC - Process Emission Source/Control: 51MHC - Process Emission Source/Control: 51SEP - Process Item 59.21(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 52000 Process: CM2 Source Classification Code: 3-05-007-17 Process Description: GRINDING OF CLINKER TO PRODUCE FINISHED PORTLAND CEMENT. THIS PROCESS IS LOCATED IN THE MILL BUILDING. Emission Source/Control: 5DC05 - Control Control Type: FABRIC FILTER Emission Source/Control: 52MIL - Process Item 59.22(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 52000 Process: FX2 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER TO CEMENT MILL 2 AND THE TRANSFER OF FINISHED CEMENT THROUGH THE CEMENT MILL 2 SYSTEM'S SEPARATOR, BUCKET ELEVATOR, AIRSLIDES, CEMENT COOLER, AND THE HOPPER ABOVE THE FK PUMP WHICH TRANSPORTS IT TO THE CUSTOMER AND BUFFER STORAGE SILOS . THE ENTIRE CEMENT MILL 2 SYSTEM IS CONTAINED IN THE MILL BUILDING. Emission Source/Control: 5DC04 - Control

Air Pollution Control Permit Conditions Mod 5/Active Page 62 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Control Type: FABRIC FILTER Emission Source/Control: 5DC06 - Control Control Type: FABRIC FILTER Emission Source/Control: 52AUX - Process Emission Source/Control: 52BE1 - Process Emission Source/Control: 52FBH - Process Emission Source/Control: 52MHC - Process Emission Source/Control: 52SEP - Process Item 59.23(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 53000 Process: CM3 Source Classification Code: 3-05-007-17 Process Description: GRINDING OF CLINKER TO PRODUCE FINISHED PORTLAND CEMENT. THIS PROCESS IS LOCATED IN THE MILL BUILDING. Emission Source/Control: 5DC09 - Control Control Type: FABRIC FILTER Emission Source/Control: 53MIL - Process Item 59.24(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 53000 Process: FX3 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER TO CEMENT MILL 3 AND THE TRANSFER OF FINISHED CEMENT THROUGH THE CEMENT MILL 3 SYSTEM'S SEPARATOR, BUCKET ELEVATOR, AIRSLIDES, CEMENT COOLER, AND THE HOPPER ABOVE THE FK PUMP WHICH TRANSPORTS IT TO THE CUSTOMER AND BUFFER STORAGE SILOS . THE ENTIRE CEMENT MILL 3 SYSTEM IS CONTAINED IN THE MILL BUILDING Emission Source/Control: 5DC08 - Control Control Type: FABRIC FILTER

Air Pollution Control Permit Conditions Mod 5/Active Page 63 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Emission Source/Control: 5DC10 - Control Control Type: FABRIC FILTER Emission Source/Control: 53AS1 - Process Emission Source/Control: 53AUX - Process Emission Source/Control: 53BE1 - Process Emission Source/Control: 53BIN - Process Emission Source/Control: 53FBC - Process Emission Source/Control: 53MHC - Process Emission Source/Control: 53SEP - Process Item 59.25(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 54000 Process: CM4 Source Classification Code: 3-05-007-17 Process Description: GRINDING OF CLINKER TO PRODUCE FINISHED PORTLAND CEMENT. THIS PROCESS IS LOCATED IN THE MILL BUILDLING. Emission Source/Control: 5DC12 - Control Control Type: FABRIC FILTER Emission Source/Control: 54MIL - Process Item 59.26(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 54000 Process: FX4 Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF CLINKER TO CEMENT MILL 4 AND THE TRANSFER OF FINISHED CEMENT THROUGH THE CEMENT MILL 4 SYSTEM'S BUCKET ELEVATOR, AIRSLIDES, CEMENT COOLER, AND THE HOPPER ABOVE THE FK PUMP WHICH TRANSPORTS IT TO THE CUSTOMER AND BUFFER STORAGE SILOS. THE ENTI RE CEMENT MILL 4 SYSTEM IS CONTAINED IN THE MILL BUILDING.

Air Pollution Control Permit Conditions Mod 5/Active Page 64 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Emission Source/Control: 5DC11 - Control Control Type: FABRIC FILTER Emission Source/Control: 54AUX - Process Emission Source/Control: 54BE1 - Process Emission Source/Control: 54FBC - Process Emission Source/Control: 54MHC - Process Item 59.27(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 54000 Process: FX5 Source Classification Code: 3-05-007-29 Process Description: SEPARATION BY PARTICLE SIZE OF FINISHED CEMENT FROM CEMENT MILL 4 BY TWO SEPARATORS - CM4 SEPARATOR 1 (SOUTH) AND CM4 SEPARATOR 2 (NORTH). THIS PROCESS ALSO INCLUDES THE AIRSLIDES WHICH CONVEY THE CEMENT TO THE SEPARATORS AS THEY ARE CONTROLLED BY THE SA ME DUST COLLECTORS THAT CONTROL PARTICULATE EMISSIONS FOR THE SEPARATORS. THIS PROCESS IS LOCATED IN THE MILL BUILDING. Emission Source/Control: 5DC13 - Control Control Type: FABRIC FILTER Emission Source/Control: 5DC14 - Control Control Type: FABRIC FILTER Emission Source/Control: 54SP1 - Process Emission Source/Control: 54SP2 - Process Item 59.28(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: BAG Source Classification Code: 3-05-007-19 Process Description: FILLING OF BAGS OF CEMENT VIA TWO BAGGING MACHINES DESIGNATED AS EAST AND WEST. THE WEST BAGGING MACHINE SYSTEM (EMISSION

Air Pollution Control Permit Conditions Mod 5/Active Page 65 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 SOURCE 71WBM) CONSISTS OF A BUCKET ELEVATOR (#630202); A ROTEX SCREEN (#630106); THE SURGE BIN OVER THE BAGGING MACHINE; THE BAGGING MACHINE ITSELF ( #630102). THE EAST BAGGING MACHINE SYSTEM (EMISSION SOURCE 71EBM) CONSISTS OF A BUCKET ELEVATOR (#630201); A ROTEX SCREEN (#630105); THE SURGE BIN OVER THE BAGGIN MACHINE; THE BAGGING MACHINE ( #630101). THIS ENTIRE PROCESS IS LOCATED IN THE PACKHOUSE. Emission Source/Control: 7DC04 - Control Control Type: FABRIC FILTER Emission Source/Control: 7DC05 - Control Control Type: FABRIC FILTER Emission Source/Control: 71EBM - Process Emission Source/Control: 71WBM - Process Item 59.29(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: CL1 Source Classification Code: 3-05-007-19 Process Description: LOADOUT OF FINISHED CEMENT FROM CUSTOMER SILOS TO TRUCKS VIA THE NORTH LOADING SPOUT. THIS INCLUDES TRANSPORT OF FINISHED PRODUCT TO THE LOADING SPOUT VIA THE NORTH REVERSIBLE CONVEYOR. THE SPOUT AND CONVEYOR ARE LOCATED IN THE CUSTOMER SILO AREA OF THE FACILITY. Emission Source/Control: 7DC01 - Control Control Type: FABRIC FILTER Emission Source/Control: 71NRC - Process Emission Source/Control: 71NTL - Process Item 59.30(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: CL2 Source Classification Code: 3-05-007-19

Air Pollution Control Permit Conditions Mod 5/Active Page 66 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Process Description: LOADOUT OF FINISHED CEMENT FROM CUSTOMER SILOS TO TRUCKS VIA THE SOUTH LOADING SPOUT. THIS INCLUDES TRANSPORT OF FINISHED PRODUCT TO THE LOADING SPOUT VIA THE SOUTH REVERSIBLE CONVEYOR AND SCREW CONVEYOR TO THE SPOUT. THE SPOUNT AND CONVEYORS ARE LOCATE D IN THE CUSTOMER SILO AREA OF THE FACILITY. Emission Source/Control: 7DC02 - Control Control Type: FABRIC FILTER Emission Source/Control: 71SRC - Process Emission Source/Control: 71STL - Process Item 59.31(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: CL3 Source Classification Code: 3-05-007-19 Process Description: LOADOUT OF FINISHED CEMENT FROM CUSTOMER SILOS TO RAILCARS VIA TWO LOADING SPOUTS. THIS INCLUDES TRANSPORT OF FINISHED PRODUCT TO THE LOADOUT SPOUTS VIA THE NORTH AND SOUTH REVERSIBLE CONVEYORS. THE SPOUTS AND CONVEYORS ARE LOCATED IN THE CUSTOMER SILO AREA OF THE FACILITY. Emission Source/Control: 7DC03 - Control Control Type: FABRIC FILTER Emission Source/Control: 71NRC - Process Emission Source/Control: 71RRL - Process Emission Source/Control: 71SRC - Process Item 59.32(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: PBS Source Classification Code: 3-05-007-99 Process Description: SHREDDING OF REJECT BAGS FROM THE BAG

Air Pollution Control Permit Conditions Mod 5/Active Page 67 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 MACHINE SYSTEMS. PARTICULATE EMISSIONS FROM THIS PROCESS ARE CONTROLLED BY A BAGHOUSE. Emission Source/Control: 7DC06 - Control Control Type: FABRIC FILTER Emission Source/Control: 71BSH - Process Item 59.33(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 71000 Process: PVC Source Classification Code: 3-05-007-99 Process Description: VACUUM FOR CLEANUP OF PACKHOUSE AREA. PARTICULATE EMISSIONS FROM THE VACUUM ARE CONTROLLED BY A SMALL BAGHOUSE. Emission Source/Control: 7DC07 - Control Control Type: FABRIC FILTER Emission Source/Control: 71PVC - Process Item 59.34(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 72000 Process: CMX Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF FINISHED CEMENT BETWEEN THE BUFFER AND CUSTOMER SILOS AND FROM THE SILOS TO THE WHARF AREA FOR BARGE SHIPMENT. THE TRANSFER BETWEEN THE BUFFER AND CUSTOMER SILOS (EMISSION SOURCE 72XFR) CONSISTS OF AN AIRSLIDE, THE NORTHWEST REVERSIBLE CONVEY OR AND TRANSFER INTO A HOPPER OVER A CEMENT PUMP (#620501). PARTICULATE EMISSIONS FROM ALL TRANSFER POINTS ARE CONTROLLED BY BAGHOUSES. THE TRANSFER BETWEEN THE BUFFER AND CUSTOMER SILOS IS LOCATED AT THE NORTH END OF THE BUFFER SILOS, AND THE LOAD POIN T FOR BELT 8A IS AT THE SOUTH END OF THE BUFFER SILOS. THE TRANSFER POINTS BETWEEN BELTS 8A AND 8B AND BETWEEN BELTS 8B AND 9 OCCUR AT TRANSFER HOUSES BETWEEN THE BELTS GOING

Air Pollution Control Permit Conditions Mod 5/Active Page 68 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 DOWN TO THE WHARF AREA. Emission Source/Control: 7DC08 - Control Control Type: FABRIC FILTER Emission Source/Control: 7DC09 - Control Control Type: FABRIC FILTER Emission Source/Control: 7DC10 - Control Control Type: FABRIC FILTER Emission Source/Control: 7DC11 - Control Control Type: FABRIC FILTER Emission Source/Control: 728AB - Process Emission Source/Control: 728B9 - Process Emission Source/Control: 72B8A - Process Emission Source/Control: 72XFR - Process Item 59.35(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 73000 Process: KCM Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF K-CEMENT SHIPPED IN BY RAILCARS AND STORED IN TWO DEDICATED BERTHA TANKS. Emission Source/Control: 7DC12 - Control Control Type: FABRIC FILTER Emission Source/Control: 73KCM - Process Item 59.36(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 0- 90000 Process: PCR Source Classification Code: 3-05-007-09 Process Description: PRIMARY CRUSHING OF CALCIUM SOURCES (E.G., LIMESTONE) USED IN CEMENT MANUFACTURE. Emission Source/Control: 9DC01 - Control

Air Pollution Control Permit Conditions Mod 5/Active Page 69 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Control Type: WET SCRUBBER Emission Source/Control: 9PRCR - Process Item 59.37(From Mod 3): This permit authorizes the following regulated processes for the cited Emission Unit: Emission Unit: 1- 00000 Process: CMB Source Classification Code: 3-05-007-16 Process Description: TRANSFER OF FINISHED CEMENT FROM BELT 9 TO BARGES LOCATED IN THE WHARF AREA. Emission Source/Control: 10DC1 - Control Control Type: FABRIC FILTER Emission Source/Control: 109BG - Process Condition 5-24: Process Permissible Emissions Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-7.1 Item 5-24.1: The sum of emissions from the regulated process cited shall not exceed the following Potential to Emit (PTE) rates for each regulated contaminant:

Emission Unit: 0-41000 Process: K12 CAS No: 000630-08-0 (From Mod 5) Name: CARBON MONOXIDE PTE(s): 330 p ounds per hour 2,892,509 p ounds per year Condition 3-10: Permits requirements. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-1.6 Item 3-10.1: This Condition applies to Emission Unit: 0- 41000 Item 3-10.2: The NOx authorized account representative of each NOx budget unit shall submit to the Department a complete NOx Budget permit application (as defined under Section 204-3.3) by May 1, 2002.

Air Pollution Control Permit Conditions Mod 5/Active Page 70 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 3-11: Submissions to the Department. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-2.1 Item 3-11.1: This Condition applies to Emission Unit: 0- 41000 Item 3-11.2: Each submission under the NOx Budget Trading Program shall be submitted, signed and certified by the NOx authorized account representative for each NOx Budget source on behalf of which the submission is made. Each submission shall include a certification statement (as stated in paragraph 204-2.1(e)(1)) by the NOx authorized account representative. Condition 3-12: Content of reports and compliance certifications. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-4.1 Item 3-12.1: This Condition applies to Emission Unit: 0- 41000 Item 3-12.2: The NOx authorized account representative shall include in the compliance certification report the following elements, in a format prescribed by the Administrator, concerning each unit at the source and subject to the NOx Budget emissions limitation for the control period covered by the report: (1) Identification of each NOx Budget unit; and (2) In the compliance certification report the NOx authorized account representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the source and the NOx Budget units at the source in compliance with the NOx Budget Trading Program, whether each NOx Budget unit for which the compliance certification is submitted was operated during the calendar year covered by the report in compliance with the requirements of the NOx Budget Trading Program applicable to the unit, including: (i) Whether the unit was operated in compliance with the NOx Budget emissions limitation; (ii) Whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute NOx emissions to the unit, in accordance with Subpart 204-8; (iii) Whether all the NOx emissions from the unit, or a group of units (including the unit) using a common stack, were monitored or accounted for through the missing data procedures and reported in the quarterly monitoring reports, including whether conditional data were reported in the quarterly reports in accordance with Subpart 204-8. If c onditional data were reported, the owner or operator shall indicate whether the status of all conditional data has been resolved and all necessary quarterly report resubmissions has been made; (iv) Whether the facts that form the basis for certification under Subpart 204-8 of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under Subpart 204-8, if any, has changed; and

Air Pollution Control Permit Conditions Mod 5/Active Page 71 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 (v) If a change is required to be reported under item (iv) above, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification. Condition 3-13: Discretionary report contents. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-4.1 Item 3-13.1: This Condition applies to Emission Unit: 0- 41000 Item 3-13.2: At the NOx authorized account representative's option the following may be included in the compliance certification report: (1) The serial numbers of the NOx allowances that are to be deducted from each unit's compliance account under Section 204-6.5 for the control period; and (2) For units sharing a common stack and having NOx emissions that are not monitored separately or apportioned in accordance with Subpart 204-8, the percentage of NOx allowances that is to be deducted from each unit's compliance account under Subdivision 204-6.5(e). Condition 3-14: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-4.1 Item 3-14.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 3-14.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: For each control period in which one or more NOx Budget units at a source are subject to the NOx Budget emissions limitation, the NOx authorized account representative of the source shall submit to the Department and the Administrator by November 30 of that year, a compliance certification report for each source covering all such units. Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Air Pollution Control Permit Conditions Mod 5/Active Page 72 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 3-15: Submission of NOx allowance transfers. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-7.1 Item 3-15.1: This Condition applies to Emission Unit: 0- 41000 Item 3-15.2: The NOx authorized account representatives seeking recordation of a NOx allowance transfer shall submit the transfer tothe Administrator. To be cons idered correctly submitted, the NOx allowance transfer shall include the following elements in a format specified by the Administrator: (a) The numbers identifying both the transferor and transferee accounts; (b) A specification by serial number of each NOx allowance to be transferred; and (c) The printed name and signature of the NOx authorized account representative of the transferor account and the date signed. Condition 3-16: General provisions. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.1 Item 3-16.1: This Condition applies to Emission Unit: 0- 41000 Item 3-16.2: The owners and operators, and to the extent applicable, the NOx authorized account representative of a NOx Budget unit, shall comply with the monitoring and reporting requirements as provided in this Subpart and in Subpart H of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in Section 204-1.2 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be replaced by the terms "NOx Budget unit," "NOx authorized account representative," and "continuous emission monitoring system" (or "CEMS"), respectively, as defined in Section 204-1.2. Condition 3-17: Prohibitions. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.1 Item 3-17.1: This Condition applies to Emission Unit: 0- 41000 Item 3-17.2: No owner or operator of a NOx Budget unit or a non-NOx Budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall: (1) use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with Section 204-8.6;

Air Pollution Control Permit Conditions Mod 5/Active Page 73 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 (2) operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for all such emi ssions in accordance with the applicable provisions of this Subpart and 40 CFR Part 75 except as provided for in 40 CFR 75.74; (3) disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this Subpart and 40 CFR Part 75 except as provided for in 40 CFR 75.74; and (4) permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved emission monitoring system under this Subpart, except under any one of the following circumstances: (i) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this Subpart and 40 CFR Part 75, by the Department for use at that unit that provides emissi on data for the same pollutant or parameter as the discontinued monitoring system; or (ii) The NOx authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with Paragraph 204-8.2(b)(2). Condition 3-18: Requirements for installation, certification, and data accounting. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.1 Item 3-18.1: This Condition applies to Emission Unit: 0- 41000 Item 3-18.2: The owner or operator of each NOx Budget unit must meet the following requirements. These provisions also apply to a unit for which an application for a NOx Budget opt-in permit is submitted and not denied or wit hdrawn, as provided in Subpart 204-9: (1) Install all monitoring systems required under this Subpart for monitoring NOx mass. This includes all systems required to monitor NOx emission rate, NOx c oncentration, heat input, and air or fuel flow, in accordance with 40 CFR 75.71 and 75.72. (2) Install all monitoring systems for monitoring heat input, if required under Section 204-8.7 for developing NOx allowance allocations. (3) Successfully complete all certification tests required under Section 204-8.2 and meet all other provisions of this Subpart and 40 CFR Part 75 applicable to the monitoring systems under paragraphs (a)(1) and (2) of this section. (4) Record and report data from the monitoring systems under paragraphs (a)(1) and (2) of this section. Condition 3-19: Requirements for recertification of monitoring systems. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.2

Air Pollution Control Permit Conditions Mod 5/Active Page 74 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Item 3-19.1: This Condition applies to Emission Unit: 0- 41000 Item 3-19.2: Whenever the owner or operator makes a replacement, modification, or change in a certified monitoring system that the Administrator or the Depa rtment determines significantly affects the ability of the system to accurately measure or record NOx mass emissions or heat input or to meet the requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate monitor polynomial coefficients. Condition 3-20: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.2 Item 3-20.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 3-20.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator of a NOx Budget unit under paragraphs (b)(2) or (b)(3) of this section must determine, record and report NOx mass, heat input (if required for purposes of allocations) and any other values required to determine NOx Ma ss (e.g. NOx emission rate and heat input or NOx concentration and stack flow) using the provisions of 40 CFR 75.70(g), from the date and hour that the unit starts operating until all required certification tests are successfully completed. Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 3-21: Out of control periods. Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.3

Air Pollution Control Permit Conditions Mod 5/Active Page 75 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Item 3-21.1: This Condition applies to Emission Unit: 0- 41000 Item 3-21.2: Whenever any monitoring system fails to m eet the quality assurance requirements of Appendix B of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D, Appendix D, or Appendix E of 40 CFR Part 75. Condition 3-22: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.4 Item 3-22.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 3-22.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The Authorized Account Representative for a NOx Budget unit shall submit written notice to the Department and the USEPA Administrator in accordance with the requirements of this subpart as follows: All monitoring plans or monitoring plan modifications; compliance certifications, recertifications and quarterly QA/QC reports; and, petitions for alternative monitoring, shall be submitted to the USEPA Administrator (or his/her representatives) as well as two copies to the Department ( one copy to the Regional Air Pollution Control Engineer (RAPCES) in the regional office and one one copy to the Bureau of Compliance Monitoring and Enforcement (BCME) in the DEC central office. All Authorized Account Representative changes shall be sent to the NYSDEC central office. All quarterly emission data sh all be electronically filed with the USEPA Clean Air Markets Division with a copy (disc or hard copy) to the NYSDEC offices. The address for the USEPA Administrator is as follows: USEPA Clean Air Markets Division

Air Pollution Control Permit Conditions Mod 5/Active Page 76 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 401 M Street SW (6204J) Washington D.C. 20460 CEM Coordinator USEPA-Region 2 2890 Woodbridge Avenue Edison, N.J. 08837 The address for the BCME is as follows: NYSDEC Bureau of Compliance Monitoring and Enforcement 625 Broadway, 2nd Floor Albany N.Y. 12233-3258 ACR changes should be sent to the attention of:

NYSDEC Stationary Source Planning Section Bureau of Air Quality Planning 625 Broadway, 2nd Floor Albany NY 12233-3251 The address for the RAPCE is as follows: 1150 North Westcott Road Schenectady, NY 12301-2014

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 3-23: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 204-8.7 Item 3-23.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 3-23.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Air Pollution Control Permit Conditions Mod 5/Active Page 77 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Monitoring Description: The owner or operator of a unit that elects to monitor and report NOx Mass emissions using a NOx concentration system and a flow system shall also monitor and report heat input at the unit level using the procedures set forth in 40 CFR Part 75. Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 60: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.2(b) Item 60.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 60.2: Compliance Certification shall include the following monitoring: Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE PARAMETERS AS SURROGATE Monitoring Description: Particulate matter emissions standard for existing portland cement plant clinker coolers and kilns. Parameter Monitored: PARTICULATES Upper Permit Limit: 0.05 grains per dscf Reference Test Method: Method 5 Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT Averaging Method: 1-HOUR AVERAGE Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 3-24: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1345(a)(1 ), Subpart LLL Item 3-24.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES

Air Pollution Control Permit Conditions Mod 5/Active Page 78 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001

Item 3-24.2: Compliance Certification shall include the following monitoring: Monitoring Type: INTERMITTENT EMISSION TESTING Monitoring Description: No owner or operator of a new or existing clinker cooler at a facility which is a major source subject to Subpart LLL shall cause to be discharged into the atmosphere from the clinker any gases which contain particulate matter in excess of 0.10 pounds per ton of feed (0.05 kg/MG) to the kiln. Emissions testing is required initially and every 5 years thereafter. Parameter Monitored: PARTICULATES Upper Permit Limit: 0.10 pounds per ton Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD INDICATED Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE Condition 3-25: Compliance Certification Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1345(a)(2 ), Subpart LLL Item 3-25.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Item 3-25.2: Compliance Certification shall include the following monitoring: Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE PARAMETERS AS SURROGATE Monitoring Description: No owner or operator of a new or existing clinker cooler at a facility which is a major source subject to Subpart LLL shall cause to be discharged into the atmosphere any gases which exhibit opacity greater than 10 percent. Parameter Monitored: OPACITY Upper Permit Limit: 10 percent Monitoring Frequency: CONTINUOUS Averaging Method: 6 MINUTE AVERAGE

Air Pollution Control Permit Conditions Mod 5/Active Page 79 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2002. Subsequent reports are due every 6 calendar month(s). Condition 3-26: Monitoring requirements - clinker cooler Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(d)(1 ), Subpart LLL Item 3-26.1: This Condition applies to Emission Unit: 0- 41000 Item 3-26.2: The owner or operator of a clinker cooler shall monitor opacity at each point where emissions are vented from the clinker cooler. The owner or operator shall install, maintain, calibrate and continuously operate a COM located at the outlet of the clinker cooler PM control device to continuously monitor the opacity. The COM shall be installed, maintained, calibrated and operated as required by Subpart A of 40 CFR 63 and according to PS-1 of Appendix B of 40 CFR 60. Condition 3-27: Monitoring Requirements - Clinker Cooler Effective between the dates of 04/11/2002 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(d)(3 ), Subpart LLL Item 3-27.1: This Condition applies to Emission Unit: 0- 41000 Item 3-27.2: To remain in compliance, the opacity must be maintained such that the 6-minute average opacity for any 6-minute block period does not exceed 10 percent. If the average opacity for any 6-minute block period exceeds 10 percent, this shall cons titute a violation of the standard. Condition 62: Monitoring requirements - D/F Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(f) , Subpart LLL Item 62.1: This Condition applies to Emission Unit: 0- 41000 Item 62.2: The owner or operator of an affected source subject to a limitation on D/F emissions shall monitor D/F emissions as follows: Install, calibrate, maintain and continuously operate a continuous monitor to record the temperature of the exhaust gases from the kiln at the inlet to, or upstream of the PM control devices.

Air Pollution Control Permit Conditions Mod 5/Active Page 80 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001
Continuously record the temperature of the exhaust gases from the kiln at the inlet to the kiln bypass PMCD. The calibration of all thermocouples and other temperature sensors shall be verified at least every three months. Condition 63: Monitoring requirements - D/F emission limit: Kiln Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(i) , Subpart LLL Item 63.1: This Condition applies to Emission Unit: 0- 41000 Item 63.2: The owner or operator of any kiln subject to a D/F emission limit under Subpart LLL shall c onduct an inspection of the components of the combustion system of each kiln at least once per year. Condition 5-25: Capping Monitoring Condition Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 201-7.1 Item 5-25.1: Under the authority of 6 NYCRR Part 201-7, this c ondition contains an emission cap for the purpose of limiting emissions from the facility, emission unit or process to avoid being subject to the following applicable requirement(s) that the facility, emission unit or process would otherwise be subject to: 40CFR 52-A.21 Item 5-25.2: Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, conditions and standards in this permit. Item 5-25.3: The owner or operator of the permitted facility must maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted acce ss to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law. Item 5-25.4: On an annual basis, unless otherwise specified below, beginning one year after the granting of an emissions cap, the responsible official shall provide a certification to the Department that the facility has operated all emission units within the limits imposed by the emission cap. This certification shall include a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold

Air Pollution Control Permit Conditions Mod 5/Active Page 81 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 levels that would require compliance with an applicable requirement. Item 5-25.5: The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for which the facility has obtained an emissi ons cap, constitutes a violation of Part 201 and of the Act. Item 5-25.6: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 000630-08-0 CARBON MONOXIDE Item 5-25.7: Compliance Certification shall include the following monitoring: Capping: Yes Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: The CEMS data during the first 10 years after firing of TDF (beginning 180 days after first firing of TDF as required by 40 CFR 52 A 21(r)(6)( iii)) shall be used to determine if there is a major modification (see definition in 40 CFR 52 A 21 (b)(2)). The net emission increase (see definition in 40 CFR 52 A 21 (b)(3)) resulting from the firing of TDF shall remain less than the upper limit shown below and therefore shall not be significant, thus there shall not be a major modification. Reporting shall be annually and shall comply with 40 CFR 52 A 21 (r)(6)(v). Manufacturer Name/Model Number: not available Upper Permit Limit: 99 tons per year Reference Test Method: 40 CFR 60, B, PS-4 Monitoring Frequency: CONTINUOUS Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY Reporting Requirements: ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 1/30/2007. Subsequent reports are due every 12 calendar month(s). Condition 5-26: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-1.1

Air Pollution Control Permit Conditions Mod 5/Active Page 82 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Item 5-26.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 0NY210-00-0 OXIDES OF NITROGEN CAS No: 0NY998-00-0 VOC Item 5-26.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: A 3 run stack test shall be performed for the listed contaminants within 180 days of first firing TDF. Unless TDF testing for both kilns is completed within 180 days of first firing of TDF in the 1st kiln using TDF, a second 3 run stack test shall be performed for the same listed contaminants within 180 days of first TDF firing in the 2nd kiln . Plant operating data including coal and tire usage and kiln feed input and clinker output shall be collected. See separate permit conditions under Part 202-1.2 concerning notification and protocol subm ittal and under Part 202-1.3 concerning acceptable protocols and report submittal. After the test report is completed, the results shall be compared with the baseline stack test to project if it is expected that the Net Emission Increase (see definition in Part 231-2.1) is greater than Significant Net Emission Increase Threshold (see table in Part 231-2.12).
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 5-27: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 202-1.1 Item 5-27.1: The Compliance Certification activity will be performed for:

Air Pollution Control Permit Conditions Mod 5/Active Page 83 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 000050-00-0 FORMALDEHYDE CAS No: 000071-43-2 BENZENE CAS No: 000074-82-8 METHANE CAS No: 000075-01-4 VINYL CHLORIDE CAS No: 000075-07-0 ACETALDEHYDE CAS No: 000107-02-8 ACROLEIN CAS No: 001336-36-3 POLYCHLORINATED BIPHENYL CAS No: 001746-01-6 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN CAS No: 007439-92-1 LEAD CAS No: 007439-96-5 MANGANESE CAS No: 007439-97-6 MERCURY CAS No: 007440-22-4 SILVER CAS No: 007440-28-0 THALLIUM CAS No: 007440-36-0 ANTIMONY CAS No: 007440-38-2 ARSENIC CAS No: 007440-39-3 BARIUM CAS No: 007440-41-7 BERYLLIUM CAS No: 007440-43-9 CADMIUM CAS No: 007440-47-3 CHROMIUM CAS No: 007440-48-4 COBALT CAS No: 007440-50-8 COPPER CAS No: 007440-62-2 VANADIUM CAS No: 007440-66-6 ZINC CAS No: 007446-09-5 SULFUR DIOXIDE CAS No: 007647-01-0 HYDROGEN CHLORIDE CAS No: 007664-39-3 HYDROGEN FLUORIDE CAS No: 007664-41-7 AMMONIA CAS No: 007782-49-2 SELENIUM CAS No: 0NY059-28-0 NICKEL (NI 059) CAS No: 0NY075-00-5 PM-10 CAS No: 0NY210-00-0 OXIDES OF NITROGEN CAS No: 018540-29-9 CHROMIUM(VI) CAS No: 0NY075-00-0 PARTICULATES Item 5-27.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: A 3 run stack test shall be performed for the listed contaminants within 180 days of first firing TDF in accordance with 40 CFR 52 A 21(b)(3)(viii). Unless TDF testing for both kilns is completed within 180 days of

Air Pollution Control Permit Conditions Mod 5/Active Page 84 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 first firing of TDF in the 1st kiln using TDF, a second 3 run stack test shall be performed for the same listed contaminants within 180 days of first TDF firing in the 2nd kiln. Plant operating data including coal and tire usage and kiln feed input and clinker output shall be collected. See separate permit conditions under Part 202-1.2 concerning notification and protocol subm ittal and under Part 202-1.3 concerning acceptable protocols and report submittal. Additionally, testing shall be performed for: total non-methane hydrocarbons and PAHs. The PCB testing shall include simultaneous comparison tests for PCDD/PCDF and PCBs. After the test report is completed, the results for SO2, PM, PM-10, lead, fluorides shall all be compared with the baseline stack test to project if a major modification (see definition in 40 CFR 52 A 21 (b)(2)) is expected.
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 64: Fuel sulfur content Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.6(a) Item 64.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 64.2: Fuel used in the kiln may exceed the sulfur content limitations of Subpart 225-1 if the burning of such fuel will not result in emissions of sulfur dioxide at a rate greater than would result through the use of fuels otherwise mandated by Subpart 225-1 wit hout sulfur dioxide emissions control. Condition 65: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.6(b)(1) Item 65.1:

Air Pollution Control Permit Conditions Mod 5/Active Page 85 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 0NY210-00-0 OXIDES OF NITROGEN Item 65.2: Compliance Certification shall include the following monitoring: Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: NOx emissions limited. The NOx limit supplements the facility's existing NOx compliance strategy which includes the Linkman system, which together with this limit, is approved as RACT. Compliance to be determined in 1 hour sequential blocks (24 values per day).
Manufacturer Name/Model Number: Applied Automation Optima URAS-14 Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 2600 p ounds per hour Reference Test Method: USEPA Method 7E Monitoring Frequency: CONTINUOUS Averaging Method: 1 HOUR MAXIMUM - NOT TO BE EXCEEDED AT ANY TIME Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2001. Subsequent reports are due every 6 calendar month(s). Condition 66: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.6(b)(1) Item 66.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 0NY210-00-0 OXIDES OF NITROGEN Item 66.2:

Air Pollution Control Permit Conditions Mod 5/Active Page 86 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Compliance Certification shall include the following monitoring: Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: NOx emissions limited during for the production of low-alkali or BWS clinker. The NOx limit supplements the facility's existing NOx compliance strategy which includes the Linkman system, which together with this limit, is approved as RACT. Compliance to be determined in 1-hour sequential blocks (24 values per day). Manufacturer Name/Model Number: Applied Automation Advanced Optima URAS-14 Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 3340 p ounds per hour Reference Test Method: USEPA Method 7E Monitoring Frequency: CONTINUOUS Averaging Method: 1 HOUR MAXIMUM - NOT TO BE EXCEEDED AT ANY TIME Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2001. Subsequent reports are due every 6 calendar month(s). Condition 67: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.8(a) Item 67.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 67.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Records of daily production rates, kiln feed rates, and particulate emission measurements must be retained for five years. Production and feed rates must be summarized monthly. Monitoring Frequency: DAILY Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Air Pollution Control Permit Conditions Mod 5/Active Page 87 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 5-28: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 225-1.5(b) Item 5-28.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 007446-09-5 SULFUR DIOXIDE Item 5-28.2: Compliance Certification shall include the following monitoring: Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS Monitoring Description: The facility shall not use any solid fuel which contains sulfur in a quantity exceeding the following limitation, except as allowed in the facility's order granting exemption. Work Practice Type: PARAMETER OF PROCESS MATERIAL Process Material: OTHER SOLID FUELS Parameter Monitored: SULFUR CONTENT Upper Permit Limit: 1.9 pounds per million Btus Monitoring Frequency: MONTHLY Averaging Method: 3-MONTH AVERAGE ROLLED MONTHLY Reporting Requirements: MONTHLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 5/30/2006. Subsequent reports are due every 1 calendar month(s). Condition 5-29: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 225-1.5(b) Item 5-29.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12

Air Pollution Control Permit Conditions Mod 5/Active Page 88 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Regulated Contaminant(s): CAS No: 007446-09-5 SULFUR DIOXIDE Item 5-29.2: Compliance Certification shall include the following monitoring: Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS Monitoring Description: Per order granting exception, R4-1777-94-11, the fac ility is limited to receiving solid fuel with a maximum sulfur content of 4 pounds per million BTU, so long as the as-burned limit of 2.5 pounds per million BTU is met. Testing will be done in accordance with the protocol dated 06/18/99 and shall be reported monthly. The protocol shall be updated to address TDF firing and shall be submitted concurrently with the stack test protocol for the 1st kiln to fire TDF. Work Practice Type: PARAMETER OF PROCESS MATERIAL Process Material: OTHER SOLID FUELS Parameter Monitored: SULFUR CONTENT Upper Permit Limit: 2.5 pounds per million Btus Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY TIME (INSTANTANEOUS/DISCRETE OR GRAB) Reporting Requirements: MONTHLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 5/30/2006. Subsequent reports are due every 1 calendar month(s). Condition 5-30: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 225-1.5(b) Item 5-30.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 007446-09-5 SULFUR DIOXIDE Item 5-30.2:

Air Pollution Control Permit Conditions Mod 5/Active Page 89 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Compliance Certification shall include the following monitoring: Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS Monitoring Description: The facility shall not use any solid fuel which contains sulfur in a quantity exceeding the following limitation, except as allowed in the facility's order granting exemption. Work Practice Type: PARAMETER OF PROCESS MATERIAL Process Material: OTHER SOLID FUELS Parameter Monitored: SULFUR CONTENT Upper Permit Limit: 1.7 pounds per million Btus Monitoring Frequency: MONTHLY Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY Reporting Requirements: MONTHLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 5/30/2006. Subsequent reports are due every 1 calendar month(s). Condition 5-31: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 40CFR 52.21(r), Subpart A Item 5-31.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 000630-08-0 CARBON MONOXIDE Item 5-31.2: Compliance Certification shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: Records shall be maintained of any periods when the CEMS is inoperative. A CEMS performance report shall be submitted semi-annually (the format of 40 CFR 60 A 7(d) will be used). A file shall be maintained of CEMS measurements, calibrations, audits, adjustments and maintenance.

Air Pollution Control Permit Conditions Mod 5/Active Page 90 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 A CEMS Design and Installati on Plan shall be submitted concurrently with the certification test protocol. The existing CEMS Quality Assurance (QA) Plan shall be updated with carbon monoxide monitor QA information and submitted to the Department within 60 days of submittal of the CEM certification report. Air Guide 34, dated 04/01/95, shall be used in preparing these plans. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION Condition 5-32: Compliance Certification Effective between the dates of 04/24/2006 and 04/26/2006 Applicable Federal Requirement: 40CFR 52.21(r), Subpart A Item 5-32.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 000630-08-0 CARBON MONOXIDE Item 5-32.2: Compliance Certification shall include the following monitoring: Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: A Continuous Emissions Monitoring System (CEMS) which measures Carbon Monoxide emissions shall be installed, calibrated, maintained and continuously operated to meet the requirements of 40 CFR 60, Subpart A; 40 CFR 60, Appendix B, Performance Specification 4; and 40 CFR 60 Appendix F. See separate permit conditions under Part 202-1.2 concerning notification and protocol subm ittal and under Part 202-1.3 concerning acceptable protocols and report submittal. The CEMS shall be certified at least 90 days prior to firing of TDF. See the monitoring description of the 40 CFR 52 A 21 capping permit condition for an explaination of the upper limit below.

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Manufacturer Name/Model Number: not available Upper Permit Limit: 99 tons per year Reference Test Method: 40 CFR 60, B, PS-4 Monitoring Frequency: CONTINUOUS Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY Reporting Requirements: ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 1/30/2007. Subsequent reports are due every 12 calendar month(s). Condition 68: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1343(b)(1 ), Subpart LLL Item 68.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 68.2: Compliance Certification shall include the following monitoring: Monitoring Type: INTERMITTENT EMISSION TESTING Monitoring Description: No owner or operator of an existing, reconstructed or new brownfield kiln at a fac ility that is a major source subject to the provisions of Subpart LLL shall cause to be discharged into the atmosphere any gases which contain particulate matter in excess of 0.30 lb per ton of feed (dry basis)(0.15 kg per MG) to the kiln. Emissions testing is required initially and every 5 years thereafter. Parameter Monitored: PARTICULATES Upper Permit Limit: 0.30 pounds per ton Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD INDICATED Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

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Condition 69: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1343(b)(2 ), Subpart LLL Item 69.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 69.2: Compliance Certification shall include the following monitoring: Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE PARAMETERS AS SURROGATE Monitoring Description: No owner or operator of an existing, reconstructed or new brownfield kiln at a fac ility that is a major source subject to the provisions of Subpart LLL shall cause to be discharged into the atmosp here any gases which exihibit opacity greater than 20 percent. Parameter Monitored: OPACITY Upper Permit Limit: 20 percent Averaging Method: 6 MINUTE AVERAGE Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2001. Subsequent reports are due every 6 calendar month(s). Condition 70: Existing, reconstructed or new brownfield/major sources - D/F Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1343(b)(3 ), Subpart LLL Item 70.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 70.2: A major source subject to the provisions of Subpart LLL shall not cause to be discharged into the atmosphere any gases which contain D/F in excess of 8.7 x 10 -11 grains per dry standard cubic foot (TEQ) corrected to 7% oxygen; or 1.7 x 10 -10 grain per dry standard cubic foot (TEQ) corrected to 7% oxygen, when the average of the performance test run average temperatures at the inlet to the particulate

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matter control device is 204 oC (400 oF) or less. Condition 71: Operating limits for kilns Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1344(a) , Subpart LLL Item 71.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 71.2: The owner or operator of a kiln subject to a D/F emission limitation under 40 CFR 63. 1343 must operate the kiln such that the temperature of the gas at the inlet to the kiln particul ate matter control device does not exceed the applicable temperature limit specified in 40 CFR 63. 1344(b). Condition 72: Operating limits for kilns Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1344(b) , Subpart LLL Item 72.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 72.2: The temperature limit for affected sources meeting the limits of 40 CFR 63.1344(a) is determined to be in accordance with 40 CFR 63. 1349(b)(3)(iv). Condition 73: Compliance Certification Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1349(b)(1 ), Subpart LLL Item 73.1: The Compliance Certification activity will be performed for: Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 73.2: Compliance Certification shall include the following monitoring: Monitoring Type: INTERMITTENT EMISSION TESTING

Air Pollution Control Permit Conditions Mod 5/Active Page 94 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Monitoring Description: The owner or operator of a kiln subject to limitations on particulate matter emissions shall demonstrate initial and subsequest compliance by conducting a performance test as specified in paragraphs (b)(1)(i) through (b)(1)(iv) of 40 CFR 63.1349. Emissions testing required initially and every 5 years thereafter. Parameter Monitored: PARTICULATES Upper Permit Limit: 0.3 pounds per ton Reference Test Method: us EPA Method 5 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD - SEE MONITORING DESCRIPTION Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE Condition 74: Monitoring Requirements - Opacity Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(c)(1 ), Subpart LLL Item 74.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 74.2: The owner or operator of a kiln shall monitor opacity at each point where emissions are vented from these affected sources. The owner or operator shall install, calibrate, maintain and continuously operate a continuous opacity monitor (COM) located at the outlet of the PM control device to continuously monitor the opacity. The COM shall be installed, maintained, calibrated and operated as required by Subpart A of 40 CFR 63 and according to PS-1 of Appendix B of 40 CFR 60. Condition 75: Monitoring requirements - opacity Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 40CFR 63.1350(c)(3 ), Subpart LLL Item 75.1: This Condition applies to Emission Unit: 0- 41000 Emission Point: 43101 Process: K12 Item 75.2: To remain in compliance, the opacity must be maintained such that the 6-minute average opacity for any 6-minute block period does not exceed 20 percent. If the average opacity for any 6-minute block period exceeds 20 percent, this shall constitute a violation of the standard.

Air Pollution Control Permit Conditions Mod 5/Active Page 95 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Condition 79: Dust Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.5(a) Item 79.1: This Condition applies to Emission Unit: 0- 42000 Process: PEL Item 79.2: The owner of any portland cement dust dump will operate such dust dump in a manner which will minimize the horizontal dimensions of the working face. Condition 80: Dust Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.5(b) Item 80.1: This Condition applies to Emission Unit: 0- 42000 Process: PEL Item 80.2: The owner and/or operator must seal the dust dump either by crusting or backfill twice yearly. Condition 81: Dust Effective between the dates of 04/27/2001 and 04/26/2006 Applicable Federal Requirement: 6NYCRR 220.5(c) Item 81.1: This Condition applies to Emission Unit: 0- 42000 Process: PEL Item 81.2: Waste dust must be preconditioned before disposal in the dust dump to prevent visible emissions from reaching the property line.

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STATE ONLY ENFORCEABLE CONDITIONS ** ** Facility Level ****

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS This section contains terms and conditions which are not federally enforceable. Permittees may also have other obligations under regulations of general applicability Item A: General Provisions for State Enforceable Permit Terms and Condition - 6 NYCRR Part 201-5 Any person who owns and/or operates stationary sources shall operate and maintain all emission units and any required emission control devi ces in compliance with all applicable Parts of this Ch apter and existing laws, and shall operate the facility in accordance with all criteria, emission limits, terms, conditions, and standards in this permit. Failure of such person to properly operate and maintain the effectiveness of such emission units and emission control devices may be sufficient reason for the Department to revoke or deny a permit. The owner or operator of the permitted facility must maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted access to any f acility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law.

STATE ONLY APPLICABLE REQUIREMENTS The following conditions are state applicable requirements and are not subject to compliance certification requirements unless otherwise noted or required under 6 NYCRR Part 201.

Condition 5-33: Contaminant List Effective between the dates of 04/24/2006 and 04/26/2006 Applicable State Requirement: ECL 19-0301 Item 5-33.1: Emissions of the following contaminants are subject to contaminant specific requirements in this

Air Pollution Control Permit Conditions Mod 5/Active Page 97 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 permit(emission limits, control requirements or compliance monitoring conditions). CAS No: 001746-01-6 Name: 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN CAS No: 000075-07-0 Name: ACETALDEHYDE CAS No: 000107-02-8 Name: ACROLEIN CAS No: 007664-41-7 Name: AMMONIA CAS No: 007440-36-0 Name: ANTIMONY CAS No: 007440-38-2 Name: ARSENIC CAS No: 007440-39-3 Name: BARIUM CAS No: 000071-43-2 Name: BENZENE CAS No: 007440-41-7 Name: BERYLLIUM CAS No: 007440-43-9 Name: CADMIUM CAS No: 000630-08-0 Name: CARBON MONOXIDE CAS No: 007440-47-3 Name: CHROMIUM CAS No: 018540-29-9 Name: CHROMIUM(VI) CAS No: 007440-48-4 Name: COBALT CAS No: 007440-50-8 Name: COPPER

Air Pollution Control Permit Conditions Mod 5/Active Page 98 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 CAS No: 000050-00-0 Name: FORMALDEHYDE CAS No: 007647-01-0 Name: HYDROGEN CHLORIDE CAS No: 007664-39-3 Name: HYDROGEN FLUORIDE CAS No: 007439-92-1 Name: LEAD CAS No: 007439-96-5 Name: MANGANESE CAS No: 007439-97-6 Name: MERCURY CAS No: 000074-82-8 Name: METHANE CAS No: 0NY059-28-0 Name: NICKEL (NI 059) CAS No: 0NY210-00-0 Name: OXIDES OF NITROGEN CAS No: 0NY075-00-0 Name: PARTICULATES CAS No: 0NY075-00-5 Name: PM-10 CAS No: 001336-36-3 Name: POLYCHLORINATED BIPHENYL CAS No: 007782-49-2 Name: SELENIUM CAS No: 007440-22-4 Name: SILVER CAS No: 007446-09-5 Name: SULFUR DIOXIDE CAS No: 007440-28-0 Name: THALLIUM

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CAS No: 007440-62-2 Name: VANADIUM CAS No: 000075-01-4 Name: VINYL CHLORIDE CAS No: 0NY998-00-0 Name: VOC CAS No: 007440-66-6 Name: ZINC Condition 3-28: Unavoidable noncompliance and violations Effective between the dates of 04/11/2002 and 04/26/2006 Applicable State Requirement: 6NYCRR 201-1.4 Item 3-28.1: At the discretion of the commissioner a violation of any applicable emission standard for necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or upsets may be excused if such violations are unavoidable. The following actions and recordkeeping and reporting requirements must be adhered to in such circumstances. (a) The facility owner and/or operator shall comp ile and maintain records of all equipment maintenance or start-up/shutdown activities when they can be expected to result in an exceedance of any applicable emission standard, and shall submit a report of such activities to the commissioner's representative when requested to do so in writing or when so required by a condition of a permit issued for the corresponding air contamination source except where conditions elsewhere in this permit which contain more stringent reporting and notification provisions for an applicable requirement, in which case they supercede those stated here. Such reports shall describe why the violation was unavoidable and shall include the time, frequency and dur ation of the maintenance and/or start-up/shutdown activities and the identification of air contaminants, and the estimated emission rates. If a facility owner and/or operator is subject to continuous stack monitoring and quarterly reporting requirements, he need not submit reports for equipment maintenance or start-up/shutdown for the facility to the commissioner's representative. (b) In the event that emissions of air contaminants in excess of any emission standard in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or operator shall report such malfunction by telephone to the commissioner's representative as soon as possible during normal working hours, but in any event not later than two working days after becoming aware that the malfunction occurred. Within 30 days thereafter, when requeste d in writing by the commissi oner's representative, the facility owner and/or operator shall submit a written report to the commissioner's representative describing the malfunction, the corrective action taken, identification of air contaminants, and an estimate of the emission rates. These reporting requirements are superceded by conditions elsewhere in this permit which contain reporting and notification provisions for applicable requirements more stringent than those above.

Air Pollution Control Permit Conditions Mod 5/Active Page 100 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 (c) The Department may also require the owner and/or operator to include in reports described under (a) and (b) above an estimate of the maximum ground level concentration of each air contaminant emitted and the effect of such emissions depending on the deviation of the malfunction and the air contaminants emitted. (d) In the event of maintenance, start-up/shutdown or malfunction conditions which result in emissions exceeding any applicable emission standard , the facility owner and/oroperator shall take appropriate action to prevent emissions which will result in contravention of any applicable ambient air quality standard. Reasonably available control technology, as determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or malfunction condition subject to this paragraph. (e) In order to have a violation of a federal regulation (such as a new source performance standard or national emissions standard for hazardous air pollutants) excused, the specific federal regulation must provide for an affirmative defense during start-up, shutdowns, malfunctions or upsets. Condition 82: General Provisions Effective between the dates of 04/27/2001 and 04/26/2006 Applicable State Requirement: 6NYCRR 201-5 Item 82.1: This section contains terms and c onditions that are not federally enforceable and are not required under the Act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of Section 201-6.4 of Part 201. Item 82.2: Any person who owns and/or operates stationary sources shall operate and maintain all emission units and any required emission control devices in compliance with all applicable Parts of this Chapter and existing laws, and shall operate the facility in accordance with all criteria, emission limits, terms, conditions, and standards in this permit. Failure of such person to properly operate and maintain the effectiveness of such emission units and emission control devices may be sufficient reason for the Department to revoke or deny a permit. Item 82.3: The owner or operator of the permitted facility must maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted acce ss to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law. Condition 83: Permit Exclusion Provisions Effective between the dates of 04/27/2001 and 04/26/2006 Applicable State Requirement: 6NYCRR 201-5 Item 83.1: The issuance of this permit by the Department and the receipt thereof by the Applicant does not and shall

Air Pollution Control Permit Conditions Mod 5/Active Page 101 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 not be construed as barring, diminishing, adjudicating or in any way affecting any currently pending or future legal, administrative or equitable rights or claims, actions, suits, causes of action or demands whatsoever that the Department may have agains t the Applicant including, but not limited to, any enforcement action authorized pursuant to the provisions of applicable federal law, the Environmental Conservation Law of the State of New York (ECL) and Chapter III of the Official Compilation of the Codes, Rules and Regulations of the State of New York (NYCRR). The issuance of this permit by the Department and the receipt thereof by the Applicant does not supercede, revoke or rescind an order or modification thereof on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions or requirements contained in such order or modification thereof unless specifically intended by this permit. The issuance of this permit by the Department and the receipt thereof by the Applicant does not and shall not be construed as barring, diminishing, adjudicating or in any way affecting the right of the Department to bring any future action, or pursue any pending action, either administrative or judicial, to required remediation, contribution for costs incurred or funds expended, for any violations, past, present or future, known or unknown, of applicable federal law, the ECL, or the rules and regulations promulgated thereunder, or conditions contained in any other licenses or permits issued to the Applicant and not addressed in this permit. The issuance of this permit by the Department and the receipt thereof by the Applicant does not and shall not be construed as barring, diminishing, adjudicating or in any way affecting the right of the Department to pursue any claims for natural resource damages against the Applicant. Condition 84: Contaminant List Effective between the dates of 04/27/2001 and 04/26/2006 Applicable State Requirement: 6NYCRR 201-5.3(b) Item 84.1: Emissions of the following contaminants are subject to contaminant specific requirements in this permit(emission limits, control requirements or compliance monitoring conditions). CAS No: 001746-01-6 Name: 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN CAS No: 000075-07-0 Name: ACETALDEHYDE CAS No: 000107-02-8 Name: ACROLEIN CAS No: 007664-41-7 Name: AMMONIA CAS No: 007440-36-0 Name: ANTIMONY

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CAS No: 007440-38-2 Name: ARSENIC CAS No: 007440-39-3 Name: BARIUM CAS No: 000071-43-2 Name: BENZENE CAS No: 007440-41-7 Name: BERYLLIUM CAS No: 007440-43-9 Name: CADMIUM CAS No: 000630-08-0 Name: CARBON MONOXIDE CAS No: 007440-47-3 Name: CHROMIUM CAS No: 018540-29-9 Name: CHROMIUM(VI) CAS No: 007440-48-4 Name: COBALT CAS No: 007440-50-8 Name: COPPER CAS No: 000050-00-0 Name: FORMALDEHYDE CAS No: 007647-01-0 Name: HYDROGEN CHLORIDE CAS No: 007664-39-3 Name: HYDROGEN FLUORIDE CAS No: 007439-92-1 Name: LEAD CAS No: 007439-96-5 Name: MANGANESE CAS No: 007439-97-6

Air Pollution Control Permit Conditions Mod 5/Active Page 103 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Name: MERCURY CAS No: 000074-82-8 Name: METHANE CAS No: 0NY059-28-0 Name: NICKEL (NI 059) CAS No: 0NY210-00-0 Name: OXIDES OF NITROGEN CAS No: 0NY075-00-0 Name: PARTICULATES CAS No: 0NY075-00-5 Name: PM-10 CAS No: 001336-36-3 Name: POLYCHLORINATED BIPHENYL CAS No: 007782-49-2 Name: SELENIUM CAS No: 007440-22-4 Name: SILVER CAS No: 007446-09-5 Name: SULFUR DIOXIDE CAS No: 007440-28-0 Name: THALLIUM CAS No: 007440-62-2 Name: VANADIUM CAS No: 000075-01-4 Name: VINYL CHLORIDE CAS No: 0NY998-00-0 Name: VOC CAS No: 007440-66-6 Name: ZINC Condition 85: Air pollution prohibited Effective between the dates of 04/27/2001 and 04/26/2006

Air Pollution Control Permit Conditions Mod 5/Active Page 104 of 105 FINALPermit ID: 4-0124-00001/00112 Facility DEC ID: 4012400001 Applicable State Requirement: 6NYCRR 211.2 Item 85.1: No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human , plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others. Condition 5-34: Compliance Demonstration Effective between the dates of 04/24/2006 and 04/26/2006 Applicable State Requirement: 6NYCRR 211.2 Item 5-34.1: The Compliance Demonstration activity will be performed for the Facility. Regulated Contaminant(s): CAS No: 0NY075-00-0 PARTICULATES Item 5-34.2: Compliance Demonstration shall include the following monitoring: Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES Monitoring Description: The facility shall comply with all of the plant-wide control methods in Chapter 2 and the contingency measures in Chapter 4 of its Fugitive Dust Control Plan (FDCP) dated 03/12/1993. The FDCP shall be updated to address TDF handling and shall be subm itted concurrently with the TDF stack test protocol for the 1st kiln to fire TDF. Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: SEMI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2006. Subsequent reports are due every 6 calendar month(s).

Air Pollution Control Permit Conditions Mod 5/Active Page 105 of 105 FINAL