Attachment 3: Permit No. 03700016-003; Title I SIP conditions only 

 
AIR EMISSION PERMIT NO. 03700016-003

IS ISSUED TO

Gopher Resource, LLC

GOPHER RESOURCE, LLC

3385 South Highway 149

Eagan, Dakota County, MN 55121

The emission units, control equipment and emission stacks at the stationary source authorized in this

permit are as described in the Permit Applications Tab]e:

This permit supersedes Air Emission Permit No. 037000]6-002, and authorizes the Permittee to operate and

modify the stationary source at the address listed above unless otherwise noted in Tab]e A. The Permittee

must comply with aU the conditions ofthe permit. Any changes or modifications to the stationary source

must be performed in compliance with Minn. R. 7007.1150 to 7007.1500. Any additions or changes to

conditions incorporated into Minnesota's State Imp]ementation Plan (SIP) under 40 CFR § 52.1220,

designated "Title I: SIP for Lead" must go through the federal SIP approval process before becoming

effective. Terms used in the permit are as defined in the state air pollution control rules unless the term is

, explicitly defined in the permit.

Unless otherwise indicated, a]] the Minnesota rules cited as the origin ofthe permit terms are

incorporated into the SIP under 40 CFR § 52.1220, and as such as are enforceable by U.S. Envirorimental

Protection Agency (EPA) Administrator or citizens under the Clean Air Act.

Permit Type: Federal; Pt 70lIncorporates Existing NSR Conditions; Title I SIP Conditions for Lead

Operating Permit Issue Date: June 29. 2010

Expiration Date: June 29. 2015

All Title I Conditions do not expire.

Each new or revised condition designated "Title I Condition: SIP for Lead" is not effective or

enforceable until approved by EPA as a SIP revision under Title I ofthe Clean Air Act.

~jty11.A \%'(Al~ 'icrDon Smith, P.E., Manager

Air Quality Permits Section

Industrial Division

for Paul Eger

Commissioner

Minnesota Pollution Control Agency

TDD (for hearing and speec;h impaired only): (651) 282-5332

Printed on recycledpaper containing at least 10% fibersfrom paper recycled by consumers
Permit Applications Table 

Permit Type Application Date Permit Action 

Total Facility Operating Permit-Reissuance 2/16/2007 003 

TABLE OF CONTENTS 

Notice to the Permittee 

Permit Shield 

Facility Description 

Table A: Limits and Other Requirements 

Table B: Submittals

Table C: not used in this permit 

Appendix A: not used in this permit

Appendix B: Parameters Relied Upon in Modeling

Appendix C: Insignificant Activities and Applicable Requirements

Appendix D: Smelting Raw Material Warehouse and Process Side of the Raw Material 

Processing Area 

Appendix E: Areas of the Building Under Negative Pressure 

Appendix F: Fence/Gate Map 

Appendix G: SIP-Required Testing and Maintenance of Pressure Drop Gauges and Broken 

Media Detectors and Alarm Response Procedures 

Appendix H: SIP-Required Negative Pressure System Testing 

Appendix I: SIP-Required Smoke Testing Methodology for Negative Pressure System Testing 

Appendix J: Paved Areas 

Appendix K: Maintenance Plan for Baghouses and Cartridge Filters
NOTICE TO THE PERMITTEE: 

Your stationary source may be subject to the requirements of the Minnesota Pollution Control Agency’s 

(MPCA) solid waste, hazardous waste, and water quality programs. If you wish to obtain information on 

these programs, including information on obtaining any required permits, please contact the MPCA 

general information number at: 

 Metro Area 651-296-6300 

 Outside Metro Area 1-800-657-3864 

 TTY 651-282-5332 

The rules governing these programs are contained in Minn. R. chs. 7000-7105. Written questions may be 

sent to: Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194. 

Questions about this air emission permit or about air quality requirements can also be directed to the 

telephone numbers and address listed above. 

PERMIT SHIELD: 

Subject to the limitations in Minn. R. 7007.1800, compliance with the conditions of this permit shall be 

deemed compliance with the specific provision of the applicable requirement identified in the permit as 

the basis of each condition. Subject to the limitations of Minn. R. 7007.1800 and 7017.0100, subp. 2, 

notwithstanding the conditions of this permit specifying compliance practices for applicable requirements, 

any person (including the Permittee) may also use other credible evidence to establish compliance or 

noncompliance with applicable requirements. 

FACILITY DESCRIPTION: 

Gopher Resource, LLC (Gopher) owns and operates a secondary lead smelter facility located at 

3385 South Highway 149, Eagan, Dakota County, Minnesota. The facility includes the following four 

major operations and miscellaneous sources: scrap pretreatment, smelting, refining and casting. Lead is 

recovered from lead-acid batteries, scrap from battery manufacturing plants, and miscellaneous lead 

bearing materials. The recovered lead is refined into alloys that are sold to a variety of customers. The 

main emissions from Gopher Resource Corp are Carbon Monoxide (CO); Particulate Matter (PM), 

including Particulate Matter less than 10 microns (PM10) and Particulate Matter less than 2.5 microns 

(PM2.5); Nitrogen Oxide (NOx), Sulfur Dioxide (SO2) and Lead. 

Gopher is subject to the provisions of an administrative order, as amended on September 13, 1994. This 

was incorporated into Minnesota’s State Implementation Plan (SIP), through the October 18, 1994, 

Federal Register. Gopher must comply with the provisions of the administrative order as a condition of 

compliance with the National Ambient Air Quality Standards (NAAQS) for lead. 

This permit includes all of the provisions of the administrative order, and upon inclusion in Minnesota’s 

SIP, will replace the administrative order. 
On October 15, 2008, the NAAQS for lead was changed from 1.5 μg/m3

 to 0.15 μg/m3. By October 15, 2009, 

The MPCA was required to submit to EPA, by October 15, 2009. a request for designation of areas of the 

State, including the area around Gopher, as either in attainment or nonattainment (or unclassifiable) with the 

lead NAAQS based on monitoring data for 2006 through 2008. EPA must now formally designate the area as 

either in attainment or nonattainment with the revised standard by October 15, 2010. If the designation is 

"nonattainment," MPCA must work with Gopher to develop a plan for achieving attainment with the revised 

standard. The State Implementation Plan is due 18 months after final designation by EPA. States with 

nonattainment areas will be required to attain the standard as 'expeditiously as practicable', but no later than 

five years from the effective date of the nonattainment designation (October 2015). Gopher is already taking 

steps toward meeting the revised standard; this permit incorporates two additional fabric filters that are used to 

collect additional fugitive lead emissions. 
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-1

Table A contains limits and other requirements with which your facility must comply. The limits are located in the first column of

the table (What To do). The limits can be emission limits or operational limits. This column also contains the actions that you must

take and the records you must keep to show that you are complying with the limits. The second column of Table A (Why to do it)

lists the regulatory basis for these limits. Appendices included as conditions of your permit are listed in Table A under total facility

requirements.

Subject Item: Total Facility

What to do Why to do it

STATE IMPLEMENTATION PLAN (SIP) REQUIREMENTS hdr

For any changes that affect any modeled parameter or lead emission rate

documented in Appendix B, the Permittee shall demonstrate that the lead

dispersion characteristics following the change will be equivalent to or better than

the lead dispersion characteristics modeled using the parameters in Appendix B.

The information submitted must include stacks, locations and dimensions of nearby

buildings, the velocity and temperature of the gasses emitted, and the lead

emission rates. If the information does not demonstrate equivalent or better

dispersion characteristics, or if such a conclusion cannot be readily made, the

Permittee must remodel. Any increase in lead emissions beyond modeled

conditions associated with emission units in the SIP shall also be modeled.

Modeling shall be conducted at the new predicted lead emission rates and stack

parameters to determine the impact on the lead NAAQS. This requirement applies

whether or not a permit amendment is required for the proposed change.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

ACTIVITIES NOT REQUIRING A MODIFICATION OF THE SIP:

The Permittee may make changes to the facility without obtaining a modification as

long as the change does not do or result in any of the following:

A. an exceedance of the limitations associated with the emission units in the SIP;

B. a physical change of the equipment that affects the stack parameters described

in Appendix B; or

C. an increase of a maximum potential lead emission rate by less than or equal to

0.025 pound per hour for any installation, modification, or operation of lead process

or control equipment.

The Permittee may replace, install and operate additional CEMs and CMS, so long

as the new or replaced CEMs and CMSs are properly certified and comply with

Minn. R. 7017.1002 - 1220.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

ACTIVITIES REQUIRING A MODIFICATION OF THE SIP:

A. any modification to the design of the equipment that decreases the stack gas

volumetric flow rate below that contained in Appendix B;

B. any modification to the design of the equipment that decreases the stack gas

exit temperature below that contained in Appendix B;

C. any modification to the design of the equipment that reduces the stack height

below that contained in Appendix B;

D. any construction or modification of structures that increase the effective

structural dimensions as they are used in the building wake effects algorithm in the

ISC Air Dispersion Model, or its successor; or

E. any increase of a maximum potential lead emission rate by more than 0.025

pound per hour.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

General Operating and Maintenance Requirements for the SIP: The Permittee

shall operate and maintain the process equipment described in Appendix B

according to the parameters set forth in Appendix B. The parameters were used in

the computer modeling performed to demonstrate that the lead maintenance area

attains compliance with the National Ambient Air Quality Standard (NAAQS) for

lead.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Property Access Restrictions: The Permittee shall limit access to the portion of the

property shown in Appendix F with fencing that continuously encloses that portion

of the Facility property, excluding access points. The Permittee shall limit access to

the portion of the property indicated in Appendix F with gates at each access point.

The Permittee shall operate security cameras that monitor access to the main gate,

shown in Appendix F during office hours. At all other times, the Permittee shall

keep the main gate locked when not in use. At all times, the Permittee shall keep

locked all other gates when not in use. The Permittee shall post NO

TRESPASSING signs at all access points.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Property Access Monitoring: The Permittee shall demonstrate compliance with the

property access restrictions by monthly inspecting the fencing and gates, and

repairing and maintaining the fencing and gates. The Permittee shall complete all

repairs to the fencing and gates within 30 days after the Permittee has access to

information that indicates repair is needed.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-2

Property Access Recordkeeping: The Permittee shall generate and maintain

records containing information associated with the Facility property access

restrictions requirements. At the minimum, the Permittee shall retain records

containing the following information:

1. Inspections: Records of the date of inspection, name of the person conducting

the inspection, identification of each section of fence and each gate inspected,

trespassers or evidence of trespassers, and identification of each location where

repair or maintenance is required.

2. Repairs: Records of the date of repair or maintenance, a description of the

repair and maintenance conducted, and the locations where repair and

maintenance occurred.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

FUGITIVES CONTROL:

Other lead emission sources at the Facility include building openings, reentrained

dust from truck traffic at the Facility and wind erosion of unpaved, or otherwise

uncovered, areas on the around the Facility site. The Permittee shall limit the

amount of fugitive lead emissions by, at a minimum, performing the activities

indicated below (Items A - E)

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

A. Building Openings:

The Permittee shall keep closed all barriers on outside openings of the Smelting,

Raw Material Warehouse and process side of the Raw Material Processing Area,

shown in Appendix D of this permit, at all times except during ingress and egress

through the building opening, except that some outside doors may be kept open to

provide additional makeup air. Whenever an outside door is kept open, the

Permittee shall demonstrate that negative pressure is still maintained, using a

method described in Appendix H of this permit. If negative pressure cannot be

demonstrated with open doors, the doors shall be closed immediately and negative

pressure demonstrated with the doors closed. Records shall be kept of all such

events and demonstrations. The Permittee shall keep closed all rail loading doors

in the Refining area, shown in Appendix D of this permit, at all times except when a

rail car is being loaded.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

The Permittee shall monthly inspect all barriers on outside openings for damage

which would result in lead emissions escaping the building. Any time that damage

to the outside openings which would result in lead emissions escaping the building

is detected, the owner or operator shall repair the damage within two weeks of the

detection.

The Permittee shall prevent fugitive lead from emitting through outside openings by

operating and maintaining a negative pressure system that puts the areas shown in

Appendix E under negative pressure, and a ventilation system that collects lead

bearing air from the negative pressure areas shown in Appendix E of this permit

and routes it through a cartridge filter.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

B. Sweeping

The Permittee shall sweep all paved outdoor areas, as indicated in Appendix J of

this permit, with a vacuum equipped road sweeper. If there was a 0.1 inch rainfall

during the previous 24 hours, or if these areas are covered with snow the Permittee

is exempt from sweeping uncovered outside areas during the subsequent 24 hours.

The owner or operator shall collect manually record rainfall data with an on-site rain

gauge.

The Permittee shall immediately (as soon as is reasonably possible after giving

consideration to plant and personnel safety) clean up spills of lead containing

materials, flue dust, or slag with a vacuum equipped road sweeper, or by hand

vacuuming or wet sweeping.

The Permittee shall store swept lead bearing material in the Raw Material

Warehouse and recycle the swept lead bearing material in the furnaces.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-3

(continued from above)

C. Traffic Limitations

The Permittee shall limit mobile equipment traffic to the paved outdoor areas,

shown in Appendix J, except for lawn mowing equipment on vegetative (grass

covered) areas and maintenance and inspection activities.

D. Equipment Handling and Cleaning

Bag and Cartridge Replacement: The Permittee shall immediately deposit used

bags and cartridge filters in leak-proof containers when replacing the baghouse or

cartridge filters for the control equipment listed in Appendix B. The owner or

operator shall recycle the used bags or cartridge filters in the furnaces.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

Mobile Equipment: The Permittee shall daily clean all mobile equipment used in the

containment building. Mobile equipment includes, but not limited to vacuum

sweepers, forklifts, and front end loader(s). Cleaning shall be conducted by hand

vacuuming, scrubbing or pressure washing with water in the wash bays indicated in

Appendix D of this permit. The Permittee shall keep the barriers on outside

openings closed during cleaning.

The Permittee shall store vacuumed lead bearing material in the Raw Material

Warehouse shown in Appendix D of this permit, and recycle the vacuumed material

in the furnaces, described in Appendix B. The Permittee shall dispose of any water

laden with lead in the Facility Water Treatment Plant.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

Ventilation System: The Permittee shall on a monthly basis, inspect the ventilation

system for holes and negative static pressure with an electronic or magnehelic

pressure gauge. The Permittee shall clean and/or repair the ventilation systems if

there are visible holes and/or positive static pressure. The owner or operator shall

monthly test the magnehelic gauges for accuracy, and repair or replace defective

gauges as prescribed by the manufacturer.

Hazardous Material: The Permittee shall store material inside the Facility building.

The Permittee shall apply water to hazardous material prior to loading it into trucks

that haul the slag material outside the Facility building. Water application is not

required when the air temperature outside is at or below 32 degree F. The

Permittee shall cover all trucks hauling hazardous residue outside the Facility

building.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

E. Wind Erosion Prevention

Vegetative Cover: The Permittee shall maintain continuous vegetative cover

(grasses) over all areas that are not paved or otherwise continuously covered.

Paved Areas: The Permittee shall retain and maintain all paved areas.

Soil Removal: If the Permittee removes lead bearing soil to comply with Resource

Conservation Recovery Act (RCRA) corrective action requirements, the Permittee

shall remove and handle the soil in accordance to a corrective action plan

approved by the MPCA Hazardous Waste Program. If as a part of the corrective

action plan the Permittee replaces lead bearing soil with clean fill (without lead) that

bars remaining lead bearing soil from exposure to the air, the Permittee is exempt

from vegetative cover and paved areas requirements in those areas on which clean

fill is in place.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Recordkeeping for the MN State Implementation for Lead: Retain all records at the

stationary source for a period of five (5) years from the date of the required

monitoring, sample, measurement, or report that corresponds with the MN State

Implementation Plan Title I Condition.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

NEGATIVE PRESSURE TESTING:

The owner or operator shall monthly conduct Negative Pressure testing in

accordance with Appendices H and I of this permit.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-4

CONTINGENCY PLAN REQUIREMENTS: In the event that the maintenance area

in which the Facility is located fails to maintain compliance with the lead NAAQS of

1.5 microgram per cubic meter, the following contingency plan measures shall be

implemented by the Permittee. These measures shall be implemented by the

owner or operator within 30 days following formal determination and notification by

the MPCA or the EPA.

A. The Permittee shall daily sweep with a wet sweeper the paved outdoor areas

that are shown in Appendix D as areas that are daily swept.

B. The Permittee shall daily sweep with a vacuum equipped road sweeper the

paved outdoor areas that are shown in Appendix D as areas that are swept at least

once a week and at least every three weeks.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

C. If ice will form on the paved outdoor areas while sweeping with a wet sweeper,

the Permittee shall sweep twice daily with a vacuum equipped road sweeper the

paved outdoor areas that are shown in Appendix D as areas that are daily swept.

D. The Permittee is exempt from sweeping if there was a 0.1 inch rainfall during the

previous 24 hours, or if the paved outdoor areas are covered with snow. The

Permittee shall collect rainfall data with an onsite rain gauge.

In the event that the contingency plan is implemented, the Permittee shall maintain

a record of all sweeping events, records of rainfall and snow cover for times not

swept because of snow cover, and records of days that dry sweeping replaced wet

sweeping because of ice formation on the paved outdoor areas.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

RECORDKEEPING

The Permittee shall keep and maintain all required documents, records, reports,

and plans in a form suitable to allow the EPA or MPCA staff to determine

compliance with SIP requirements. The Permittee shall maintain the information

onsite in files which are easily accessible for inspection by EPA or MPCA staff.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

At a minimum, the Permittee shall retain records containing the following

information:

1. Building Openings: all monthly negative pressure testing results, monthly

inspection reports of all damage to barriers on inside and outside openings, and the

corrective action taken. If no damage occurred, the record shall state that no

damage occurred. Records shall be kept of damage and subsequent repair or

replacement of barriers on inside and outside openings detected or that occur at

times other than during the monthly inspection. The records shall also include the

installation of any new building openings and barriers for the openings.

2. Sweeping: records of daily and weekly sweeping events, spills of lead containing

materials, cleanup of these spills, records of sweeping equipment breakdowns and

repairs, and records of rainfall and snow cover for times not swept because of the

presence of rainfall or snow cover.

(continued below)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

(continued from above)

3. Equipment Handling and Cleaning: daily records of mobile equipment cleaning

and repairs, and record of monthly ventilation system inspections, and magnahelic

gauge repair and replacement.

4. Wind Erosion Prevention: inspection records of vegetative cover and pavement,

and repairs to these areas. A record of any lead contaminated soil corrective action

(under RCRA) at the facility, and of areas covered with clean fill.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-17

Subject Item: GP 007 Torit Stacks

Associated Items: SV 002 SIP Source 3 (CE003 and CE002)

SV 008 Fugitive Emission Collection

What to do Why to do it

Lead: less than 3.45 lbs/hour using 3-hour Average . This limit applies to the

combined emissions from SV002 and SV008.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Performance Test: due before end of each calendar 24 months following Permit

Issuance to measure lead emissions from SV002 and SV008, combined, unless

more frequent testing is required for SV002 (see Subject Item SV002).

Demonstration of compliance with the GP007 limit shall be required each time

SV002 is required to be tested for lead and/or lead compound emissions.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-20

Subject Item: SV 002 SIP Source 3 (CE003 and CE002)

Associated Items: GP 007 Torit Stacks

What to do Why to do it

Lead: less than 0.0025 grains/dry standard cubic foot using 3-hour Average Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Opacity: less than or equal to 5 percent opacity Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

PERFORMANCE TESTING REQUIREMENT hdr

Performance Test: due before end of each calendar 24 months starting 11/30/1999

to measure lead emissions.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Performance Test: due before end of each calendar 24 months starting 11/30/1999

to measure opacity, unless annual testing of lead or lead compounds is required.

Opacity testing shall take place each time lead and/or lead compounds are tested.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-21

Subject Item: SV 003 Main Stack (CE004, CE005) (SIP Source 1)

Associated Items: EU 004 West Reverberatory Furnace

EU 006 Scrap Dryer

EU 007 East Reverberatory Furnace 

EU 009 Blast Furnace 

EU 011 Refining Kettle No. 1

EU 012 Refining Kettle No. 2

EU 013 Refining Kettle No. 3

EU 014 Refining Kettle No. 4

EU 015 Refining Kettle No. 5

EU 016 Refining Kettle No. 6

EU 017 Refining Kettle No. 7

EU 018 Refining Kettle No. 8

EU 019 Refining Kettle No. 9

EU 020 Refining Kettle No. 10

EU 025 Thermal Oxidizer (aka CE007)

MR 001 SO2 CEMS

What to do Why to do it

Note that EU007 and EU009 are also subject to the requirements listed at Subject

Items: GP001 and GP006.

hdr

EMISSION LIMITS hdr

Lead: less than 0.00306 grains/dry standard cubic foot using 3-hour Average

[7mg/dscm].

This limit applies to the emissions of SV003.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Opacity: less than or equal to 5 percent opacity .

This limit applies to all units exhausting through SV003.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-22

PERFORMANCE TESTING REQUIREMENT hdr

Performance Test: due before end of each calendar 24 months starting 11/30/1999

to measure lead emissions.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Performance Test: due before end of each calendar 24 months starting 11/30/1999

to measure opacity, unless annual testing of lead or lead compounds is required.

Opacity testing shall also take place each time lead and/or lead compounds are

tested.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-23

Subject Item: SV 008 Fugitive Emission Collection

Associated Items: EU 002 Raw Material Handling Operation

GP 007 Torit Stacks

What to do Why to do it

Opacity: less than or equal to 5 percent opacity Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

PERFORMANCE TESTING REQUIREMENT (See also GP007) hdr

Performance Test: due before end of each calendar 24 months following Permit

Issuance to measure opacity, unless annual testing of lead or lead compounds is

required. Opacity testing shall take place each time lead and/or lead compounds

are tested.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS, 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-26

Subject Item: CE 002 Fabric Filter - Low Temperature, i.e., T<180 Degrees F

Associated Items: FS 001 Furnace Area Process Fugitives

FS 005 Casting Machine Process Fugitives

FS 006 Refining Area Fugitive Dust Sources

GP 004 NESHAP Subpart X Control Equipment Monitoring Requirements

GP 008 Torit Filter Banks

What to do Why to do it

Air Pollution Control Equipment Monitors: The owner or operator shall operate and

maintain pressure drop gauges and broken media detectors, to measure pressure

drop across the cartridge filters and baghouse cells in inches of water and an

increase in particulate grain loading at each baghouse and cartridge filter outlet.

Each broken media detector shall be equipped with a device that continually

records grain loading, and an alarm that alerts the owner or operator of increases in

grain loading.

Alarm Triggers: In the event that the alarm on a broken media detector is triggered,

the owner or operator shall immediately isolate the cartridge bank or baghouse cell

for which the alarm was triggered as described in Appendix G of this permit.

See Also Subject Item GP004, for additional broken media detection requirements

(NESHAP Subpart X)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Broken media detectors are not required for cartridge collectors used exclusively

for the control of fugitive dust emissions from any source subject to the lead

emissions standard in 40 CFR Section 63.545. (THIS REQUIREMENT WILL

BECOME EFFECTIVE THE DATE EPA APPROVES THE REVISION INTO THE

SIP.)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP; 40 CFR Section 63.548(h)

Pressure Drop: greater than or equal to 0.5 inches of water column and less than or

equal to 15.0 inches of water column , unless a new range is set pursuant to Minn.

R. 7017.2025, subp. 3 based on the values recorded during the most recent

MPCA-approved performance test where compliance was demonstrated. The new

range shall be implemented upon receipt of the Notice of Compliance letter

granting preliminary approval. The range is final upon issuance of a permit

amendment incorporating the change.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Periodic Inspections: The Permittee shall inspect the fabric filter as described in

Appendix K.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-27

The Permittee shall monthly test each pressure drop gauge and broken media

detector, clean the broken media detector, and repair and replace gauges and

detectors in accordance with Appendix G. The Permittee shall maintain records of

such testing and actions taken as a result of the testing.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-28

Subject Item: CE 003 Fabric Filter - Low Temperature, i.e., T<180 Degrees F

Associated Items: FS 001 Furnace Area Process Fugitives

GP 004 NESHAP Subpart X Control Equipment Monitoring Requirements

GP 008 Torit Filter Banks

What to do Why to do it

Air Pollution Control Equipment Monitors: The owner or operator shall operate and

maintain pressure drop gauges and broken media detectors, to measure pressure

drop across the cartridge filters and baghouse cells in inches of water and an

increase in particulate grain loading at each baghouse and cartridge filter outlet.

Each broken media detector shall be equipped with a device that continually

records grain loading, and an alarm that alerts the owner or operator of increases in

grain loading.

Alarm Triggers: In the event that the alarm on a broken media detector is triggered,

the owner or operator shall immediately isolate the cartridge bank or baghouse cell

for which the alarm was triggered as described in Appendix G of this permit.

See Also Subject Item GP004, for additional broken media detection requirements

(NESHAP Subpart X)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Pressure Drop: greater than or equal to 0.5 inches of water column and less than or

equal to 15.0 inches of water column , unless a new range is set pursuant to Minn.

R. 7017.2025, subp. 3 based on the values recorded during the most recent

MPCA-approved performance test where compliance was demonstrated. The new

range shall be implemented upon receipt of the Notice of Compliance letter

granting preliminary approval. The range is final upon issuance of a permit

amendment incorporating the change.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Periodic Inspections: The Permittee shall inspect the fabric filter as described in

Appendix K.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

The Permittee shall monthly test each pressure drop gauge and broken media

detector, clean the broken media detector, and repair and replace gauges and

detectors in accordance with Appendix G. The Permittee shall maintain records of

such testing and actions taken as a result of the testing.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-29

Subject Item: CE 004 Fabric Filter - High Temperature, i.e., T>250 Degrees F

Associated Items: EU 004 West Reverberatory Furnace

EU 007 East Reverberatory Furnace 

EU 009 Blast Furnace 

EU 011 Refining Kettle No. 1

EU 012 Refining Kettle No. 2

EU 013 Refining Kettle No. 3

EU 014 Refining Kettle No. 4

EU 015 Refining Kettle No. 5

EU 016 Refining Kettle No. 6

EU 017 Refining Kettle No. 7

EU 018 Refining Kettle No. 8

EU 019 Refining Kettle No. 9

EU 020 Refining Kettle No. 10

FS 003 East Reverberatory Furnace Process Fugitives

FS 004 Blast Furnace Process Fugitives

GP 004 NESHAP Subpart X Control Equipment Monitoring Requirements

What to do Why to do it

Air Pollution Control Equipment Monitors: The Permittee shall operate and

maintain pressure drop gauges and broken media detectors, to measure pressure

drop across the cartridge filters and baghouse cells in inches of water and an

increase in particulate grain loading at each baghouse and cartridge filter outlet.

Each broken media detector shall be equipped with a device that continually

records grain loading, and an alarm that alerts the owner or operator of increases in

grain loading.

Alarm Triggers: In the event that the alarm on a broken media detector is triggered,

the owner or operator shall immediately isolate the cartridge bank or baghouse cell

for which the alarm was triggered as described in Appendix G of this permit.

See Also Subject Item GP004, for additional broken media detection requirements

(NESHAP Subpart X)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-30

Pressure Drop: greater than or equal to 1.0 inches of water column and less than or

equal to 10.0 inches of water column , unless a new range is set pursuant to Minn.

R. 7017.2025, subp. 3 based on the values recorded during the most recent

MPCA-approved performance test where compliance was demonstrated. The new

range shall be implemented upon receipt of the Notice of Compliance letter

granting preliminary approval. The range is final upon issuance of a permit

amendment incorporating the change.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Periodic Inspections: The Permittee shall inspect the fabric filter as described in

Appendix K.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP; 40 CFR Section 64.3; Minn.

R. 7017.0200

The Permittee shall monthly test each pressure drop gauge and broken media

detector, clean the broken media detector, and repair and replace gauges and

detectors in accordance with Appendix G. The Permittee shall maintain records of

such testing and actions taken as a result of the testing.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-31

Subject Item: CE 005 Fabric Filter - High Temperature, i.e., T>250 Degrees F

Associated Items: EU 004 West Reverberatory Furnace

EU 006 Scrap Dryer

EU 007 East Reverberatory Furnace 

EU 009 Blast Furnace 

FS 002 West Reverberatory Furnace Process Fugitives

FS 003 East Reverberatory Furnace Process Fugitives

GP 004 NESHAP Subpart X Control Equipment Monitoring Requirements

What to do Why to do it

Air Pollution Control Equipment Monitors: The Permittee shall operate and

maintain pressure drop gauges and broken media detectors, to measure pressure

drop across the cartridge filters and baghouse cells in inches of water and an

increase in particulate grain loading at each baghouse and cartridge filter outlet.

Each broken media detector shall be equipped with a device that continually

records grain loading, and an alarm that alerts the owner or operator of increases in

grain loading.

Alarm Triggers: In the event that the alarm on a broken media detector is triggered,

the owner or operator shall immediately isolate the cartridge bank or baghouse cell

for which the alarm was triggered as described in Appendix G of this permit.

See Also Subject Item GP004, for additional broken media detection requirements

(NESHAP Subpart X)

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Pressure Drop: greater than or equal to 1.0 inches of water column and less than or

equal to 10.0 inches of water column , unless a new range is set pursuant to Minn.

R. 7017.2025, subp. 3 based on the values recorded during the most recent

MPCA-approved performance test where compliance was demonstrated. The new

range shall be implemented upon receipt of the Notice of Compliance letter

granting preliminary approval. The range is final upon issuance of a permit

amendment incorporating the change.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP

Periodic Inspections: The Permittee shall inspect the fabric filter as described in

Appendix K.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP; 40 CFR Section 64.3; Minn.

R. 7017.0200
TABLE A: LIMITS AND OTHER REQUIREMENTS 06/29/10

Gopher Resource LLC

03700016 - 003

Facility Name:

Permit Number:

A-32

The Permittee shall monthly test each pressure drop gauge and broken media

detector, clean the broken media detector, and repair and replace gauges and

detectors in accordance with Appendix G. The Permittee shall maintain records of

such testing and actions taken as a result of the testing.

Title I Condition: State Implementation Plan (SIP) for

Lead NAAQS; 40 CFR pt. 50; 40 CFR pt. 51; 40 CFR

pt. 52, subp. Y; MN SIP
Appendix B: Parameters Relied Upon in Modeling 

Facility Name: Gopher Resource Corporation

Permit Number: 03700016-003

B.1 Lead Modeling 

Source 

SV 

ID 

Stack Height 

(feet) 

Stack Height 

(m) 

Stack Dia. 

(feet) 

Stack Dia. 

(m) 

Flow Rate 

(acfm) 

Exit 

Temp 

(F) 

Main Stack (Administrative 

Order Source #1) 

003 199 60.65 6.0 1.83 119,000 190 

Torit Stack (Administrative 

Order Source #3) 

002 80 24.38 8.0 2.44 166,000 120 

Torit Stack (new) 008 80 24.38 7.0 2.13 133,000 120 

Control/Monitoring 

Equipment 

Control 

Equipment 

Number 

SV 

ID No. of Bags 

Pressure 

Drop Range 

(inches of 

water) 

Filter Ratio 

Maximum 

Rated 

Design 

Capacity 

(acfm) 

Maximum Inlet 

Temperature 

(degree F) 

RMPC Scrubber CE 001 001 NA 0.1-6.0 NA 15,000 120 

Torit Cartridge Filter No. 1 

& 2 

CE 002 002 No. of filters 

elements: 320 

0.5-15.0 1.3:1 100,000 150 

Torit Cartridge Filter No. 3 CE 003 002 No. of filters 

elements: 160 

0.5-15.0 2.4:1 66,000 150 

East Baghouse CE 004 003 720 1-10 1.82:1 55,000 250 

West Baghouse CE 005 003 720 1-10 1.82:1 55,000 450 

Soda Ash Bin Baghouse CE 006 004 6 @ 6 inch 

diameter 

1.0-7.0 6:1 Cloth Area: 

174 sq. feet 

Torit Cartridge Filter No. 4 CE008 008 192 0.5-15.0 1.8:1 66,000 150 

Torit Cartridge Filter No. 5 CE009 008 192 0.5-15.0 1.8:1 66,000 150 

B.2 SO2 Modeling 

Source 

SV 

ID 

Stack Height 

(feet) 

Stack Height 

(m) 

Stack Dia. 

(feet) 

Stack Dia. 

(m) 

Flow Rate 

(acfm) 

Exit 

Temp 

(F) 

Modeled SO2

Emission Rate 

(lb/hr) 

Main Stack 003 199 60.65 6.0 1.83 119,000 190 2080 

Scrubber Stack 001 50 15.24 3.0 0.91 15,000 85 0.2 
Appendix G: SIP-Required Testing and Maintenance of Pressure Drop Gauges and Broken Media Detectors and 

Alarm Response Procedures 

Facility Name: Gopher Resource Corporation 

Permit Number: 03700016-003 

I. Pressure Drop Gauges (Magnehelics) 

A. Portable Magnehelic Gauges: 

1. The Company shall monthly determine the accuracy of the portable magnehelic gauges, described in the 

Ventilation System of this Permit, with an electronic manometer (such as Dwyer’s model #475) to 

measure the static pressure at the magnehelic’s access point. 

2. The Company shall immediately remove and replace all magnehelic gauges that show a static pressure 

deviation from the electronic manometer of greater than 10 percent. 

3. The Company shall keep a record of all accuracy testing, removal and replacement if gauges, and items 

referred to in this permit. The record shall be signed by the person conducting the testing and the person 

removing and replacing the gauges. 

4. The company shall maintain the electronic manometer as recommended by the manufacturer (zero before 

each use, etc.) 

B. Fixed Pressure Drop Gauges (described in Appendix B as monitoring pressure drop on the baghouses and 

cartridge filters) 

1. The company shall monthly determine the accuracy of the pressure drop gauges, with an electronic 

manometer to measure to measure the static pressure at the magnehelic’s access point. 

2. The Company shall immediately remove and replace all magnehelic gauges that show a static pressure 

deviation from the electronic manometer of greater than 10 percent. 

3. The Company shall keep a record of all accuracy testing, and removal and replacement of gauges. The 

record shall be signed by the person conducting the testing and the person removing and replacing the 

gauges. 

II. Broken Media Detectors (TRIBOFLOW units that monitor increases in grain loading on the baghouses and 

cartridge filters.) 

A. The Company shall monthly clean the probes on each Broken Media Detector as indicated below and retain 

records of all cleaning. The record shall be signed by the person conducting the cleaning. 

1. Disconnect the center conductor wire. 

2. Remove the sensor and clean the sensor an insulator with a clean dry rag. 

3. Reinstall the sensor and reconnect the center conductor wire. 

4. Check the digital printout unit to ensure that the unit is operating and levels are within normal operating 

range (The TRIBOFLOW unit consists of sensing probes, cables and a signal processing unit. Probes are 

installed immediately upstream of each emissions control fan. When the probes are inserted in a stream of 

particles, a continual transfer of charge takes place as particles collide with the probe. Because an 

electrical path to ground is provided, an essentially continuous signal is produced. The TRIBOFLOW 

monitors the character and level of this signal, which correlates with the actual flow rate.) 

B. The Company shall calibrate the alarms on the Broken Media Detectors to notify personnel of possible 

increases in grain loading. The alarm shall be calibrated to alert personnel at 20 milliamps for each Broken 

Media Detector. 

C. The Company shall repair or replace all Broken Media Detectors that do not signal grain loading or alarm as 

described above. 

III. TRIBOFLOW Alarms 

A. In the event that the TRIBOFLOW alarms, the Company shall conduct the following steps. 
1. Company personnel shall immediately determine which probe caused the alarm to sound. 

2. Company personnel shall immediately observe the top of the stack for an increase in opacity. 

3. If an increase in opacity has occurred, the Company shall shut off the cartridge bank or baghouse cells one 

at a time until the problem cell has been identified. The Company shall shutdown the problem cell until 

repairs are made or cell is replaced. 
Appendix H: SIP-Required Negative Pressure System Testing 

Facility Name: Gopher Resource Corporation 

Permit Number: 03700016-003 

Control Equipment Units CE002, 003, 008, and 009 at Gopher Resource Corporation are designed to place certain 

areas of the processing building (Raw Materials Handling Operations, the Furnace (smelting) and the Refining areas) 

under negative pressure. The negative pressure system is comprised of a ventilation system that vents air from certain 

areas of Building B (the processing building) through five banks of cartridge filters ducting into two common stacks 

(SV 002 & SV 008). In order to insure that these areas remain under negative pressure, the Permittee shall document 

on a monthly basis that negative pressure is maintained. 

When any of these filter banks are taken down for routine maintenance or emergency repairs (filter change-out, auger 

or air lock repairs, etc.), the Company shall verify that the remaining operational filter banks are maintaining negative 

pressure on the required areas. The five filter banks are rated at 314,000 acfm so negative can be maintained on the 

building with only two of the banks operating. Documentation of negative pressure will only be required if more than 

two of the banks are down at once. 

Monthly verification of negative pressure can be done by performing smoke testing of outside openings or using some 

other method of verification that the Company may elect to use. This could include an electronic magnahelic system 

or a hand-held anemometer unit. 

I. The Company shall determine the effectiveness of the negative pressure system by testing various outside and 

inside openings where negative pressure is required. These locations shall include, but are not limited to, 

the following areas: 

a) Openings around closed overhead doors; 

b) Air flow direction when outside man-doors or outside overhead doors are opened; 

c) Air flow from adjacent building areas through connecting doorways (for example, air flow in the door 

separating the Refining area from the Furnace area should be towards the Furnaces) 

II. If using smoke tubes to verify negative pressure, the Company shall conduct the smoke testing as described in 

Appendix I of this permit. An electronic magnehelic system or hand-held anemometer system of 

documentation will have electronic records or actual flow rates noted. 

III. The Company shall record the monthly testing described above on a map of Building B using arrows to 

indicate the air flow direction. The map shall also include a description of the outside openings, the date 

and time of the test, weather conditions during the test, and process equipment operating and control 

equipment operating during the time of the test. The record shall be signed by the person conducting the 

test. 

IV. The Company shall immediately determine the cause of any positive pressure test results, and repair the cause. 

V. If any positive pressure is detected and the cause repaired, the Company shall repeat the smoke test described 

above and record the results. 

a Immediately shall mean as soon as reasonably possible after giving consideration to Facility and personnel safety. 
Appendix I: SIP-Required Smoke Testing Methodology for Negative Pressure System Testing 

Facility Name: Gopher Resource Corporation 

Permit Number: 03700016-003 

Prior to performing the negative pressure in the building, the following issues must be checked and recorded: 

1. Insure that all doors (over-head & mandoors) in the furnace and containment areas are closed. If not, close 

them before continuing the test and check periodically throughout the test that they remain closed. 

2. Record the settings on the five Torit Cartridge Unit Controllers. These settings should be recorded at the 

top of the Negative Pressure Test Sheet. 

The smoke test is to be controlled using s MSA Ventilation Smoke Tube or similar tube which provides a visible 

indication of air flow direction. Both ends of the tube are to be broken off (use the supplied tube to prevent injuries) 

and one end inserted into the rubber bulb. Squeeze the bulb to insure that tube’s effectiveness. If sufficient smoke is 

generated, the specified overhead doors, mandoors and roof openings can be checked in the furnace and containment 

rooms. 

TESTING A MANDOOR: Open the door approximately one foot and, while standing to one side, blow smoke 

vertically at three different heights within the opening (top, middle & bottom of the door). The smoke at all three 

locations should move into the furnace/containment rooms. If they do, indicate on the “Negative Pressure Test” sheet 

with an arrow pointing inwards and move on to the next opening. If the smoke blows out of the furnace/containment 

rooms, indicate again with an arrow pointing out of the rooms and move on to the next opening. 

TESTING AN OVERHEAD DOOR: Activate the door opener and move quickly to the middle of the opening. Begin 

blowing smoke near the bottom as it opens and continue blowing smoke following the action of the door as it moves 

up. When completely open, the smoke should continue to flow into the furnace/containment rooms. Indicate the 

direction of air flow on the “Negative Pressure Test” sheet and move on to the next opening. 

TESTING AND OPENING (OTHER THAN DOORS): Certain roof opening require smoke testing to insure the 

designated portions of the building remain under a negative pressure. One location is the metal cover where the stack 

support cables pass through the roof. In order to test this location, pull out a portion of the fiberglass blanket wrapped 

around the cables and blow smoke near the opening. Record the direction of air flow on the sheet and then replace the 

fiberglass blanket. 

The other roof opening that require checking are the gaps in the tin shed over the blast where ventilation ducting 

passes through them. Check a number of these openings with the smoke tube. If all locations indicated the smoke is 

being pulled into the building, indicted that on the sheet. If otherwise, note positive flow. 

ACCEPTABLE TEST: If all tested locations indicated negative pressure within the furnace/containment rooms, finish 

filling out the report including processes operating, weather conditions (wind direction and velocity and approximate 

temperature) and any additional field notes you feel are relevant to the test. 

UNACCEPTABLE TEST: If any of the tested locations indicated positive pressure, recheck the Torit controller 

settings and that all overhead doors are closed. Repeat the test and document air flow direction. If this test is 

acceptable, then complete the items listed above under the ACCEPTABLE TEST heading. If openings are still found 

to be positive, contact the Health and Safety Manager or Plant Manager for assistance in determining the cause of the 

positive pressure. Once corrected, again go through the entire Negative Pressure Test to insure that all locations are 

negative pressure. Record in the Field Notes section the problem and solution and keep all copies of the Negative 

Pressure Test on file. 

CAUTION: The ends of any used smoke tubes are extremely jagged and should be handled with extreme caution to 

prevent injury to yourself or others. Used smoke tubes should be thrown directly into the large dumpster to eliminate a 

potential injury to janitorial personnel emptying garbage cans. The rubber bulb, tip snapper and any unused tubes 

should be returned to their case in the main storeroom. The complete Negative Pressure Test sheet should be returned 

to the Maintenance Supervisor for review and filing. 

NOTE: If Gopher Resource decides to seal gaps then smoke testing will not be required. 
Appendix K: Maintenance Plan for Baghouses and Cartridge Filters 

Facility Name: Gopher Resource Corporation

Permit Number: 03700016-003

I. The Company shall conduct the activities as indicated below for each baghouse and cartridge filter described in 

Appendix B of this permit (Exhibit 1 of the Administrative Order). Records of these activities shall be signed by 

the person that performed the inspection. 

A. Visually check for emissions at the top of each stack a minimum of once per shift. 

B. Inspect each baghouse cell once a week. Inspect for holes or other problems. Replace any bag as 

necessary. Record the reason for replacing the bag. 

C. Once per week, inspect the baghouse hopper for any buildup and clean as necessary. 

D. Once per week, inspect the baghouse and cartridge filter broken media detectors and pressure drop 

gauges as described in Appendix G (Exhibit 8 of the Administrative Order). 

E. Once per week, check each baghouse cell for accumulation of free dust and clean as necessary. 

F. Once per week, inspect baghouse inlet dampers and clean as necessary. 

G. Once per shift, inspect all baghouse mechanical shakers. 

H. Once per shift, check magnehelic gauge and once per shift record readings. 

II. The Company shall maintain the spare parts inventory as indicated below: 

A. CE004 and CE005 (Baghouse #1 and Baghouse #1 as described in Administrative Order; East 

Baghouse and West Baghouse as described in Appendix B) 

QUANTITY PART NUMBER DESCRIPTION 

120 232050 8” x 20’ 0” Filtron Bag 

120 222069 Tube Hook 

4 194206 V-Block 

1 203695 Eccentric Shaft 

4 191207 Pin 

1 203740 End Shaft 

1 203741 End Shaft 

4 186183 Knife-Edge Assembly 

4 191575 Arm 

2 231969 Shaker Bar 

4 191014 Gasket 

4 191013 Felt Seal 

4 187121 Flangette Bearing 

2 98262 1 1⁄2” Pillow Bearing 

2 133852 1 7/16” Eccentric Bearing 

10 1/8” x 1 1/2” Cotter Pin 

15 1 7/16” - 14 Self Locking Nuts 

15 1 7/16” N.C.C.P. Hex Nuts 

B. CE002 and CE003 (Cartridge Filter #4 #5 as described in Administrative Order, or Cartridge Filters 1-3 

as described in Appendix B) 

QUANTITY PART NUMBER DESCRIPTION 

12 8PP-42058-00 Ultra Web FR Filter Element 

3 8PP-24277-00 Diaphragm Valve RCA 25DD 

3 8PP-24636-00 Solenoid Valve Rebuild Kit 

3 8PP-25409-00 Solenoid Replacement Coil 

Torit Relacement Parts for Torit Downflo II Unit as Recommended by Manufacturer (Donaldson) 
Attachment 4: Marked up Administrative Order 

 
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Number: 1 Author: cneusch Subject: Note Date: 12/13/2006 10:50:26 AM -06'00'Page A-1.Number: 2 Author: cneusch Subject: Sticky Note Date: 9/22/2009 3:12:10 PM Stack parameters are in Appendix B.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:38:57 PM There are now 10 refining kettles, no central vacuum system, and no flue dust agglomeration. Emission limits continue to apply at the stack level and have not changed.Number: 4 Author: cneusch Subject: Note Date: 9/28/2009 1:40:00 PM Emission points have been renumbered - main stack is SV003. Torit stack is SV002. Four fabric filters.
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Number: 1 Author: cneusch Subject: Note Date: 2/2/2010 11:48:27 AM -06'00'Limit applies to SV003, the main stack. Page A-21. Number: 2 Author: cneusch Subject: Note Date: 2/2/2010 11:49:08 AM -06'00'Limit applies to SV002, page A-20. Limit is also applied to combined emissions of SV002 and SV008 (the new Torit stack), because of the requirement that no new emissions are allowed. This is under GP007, on Page A-17.Number: 3 Author: cneusch Subject: Note Date: 2/2/2010 11:49:21 AM -06'00'Page A-20 and Page A-21.Number: 4 Author: cneusch Subject: Note Date: 9/28/2009 1:44:18 PM Page A-2.Number: 5 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 10:01:07 AM -06'00'Because Gopher has added 2 additional filter banks and associated air flow to the system, they are being allowed to keep some doors open if necessary for air make-up purposes. They are required to demonstrate negative pressure in these cases, following the procedures in Appendix H of the permit.Number: 6 Author: cneusch Subject: Note Date: 9/28/2009 1:43:17 PM Page A-2, A.
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Number: 1 Author: cneusch Subject: Note Date: 2/3/2010 1:56:21 PM -06'00'Page A-2. This requirement has been eliminated, because the negative pressure area of the building has been expanded, and there are no longer inside openings that separateareas of the building that are under negative pressure and those that are not.Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:01:29 AM -06'00'This provision, as amended in amendment 1 to state that the company shall inspect for damage that "would result in lead emission emissions escaping the building" is included on page A-2.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:44:39 PM Pg A-2.Number: 4 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:02:50 AM -06'00'These requirements, as changed in amendment 1 to state that the exemption to sweeping uncovered outside areas applies only after a rainfall or when the area is covered with snow, are included on page A-2.Number: 5 Author: cneusch Subject: Note Date: 2/3/2010 11:03:19 AM -06'00'Page A-3, with a minor change to allow maintenance and inspection activities.Number: 6 Author: cneusch Subject: Note Date: 12/13/2006 11:18:47 AM -06'00'Page A-3, D.
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:04:52 AM -06'00'Page A-3, D, contains these requirements as modified in amendment 1, which states that it applies to mobile equipment used in the containment building. Number: 2 Author: cneusch Subject: Note Date: 2/3/2010 11:06:18 AM -06'00'Page A-3, D, with the requirement as in Amendment 1 changed to say "positive static pressure" and remove "electronic portable" from the description of magnehelic gauges.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:46:49 PM Page A-3, D. There is no longer a Flue Dust Agglomeration Furnace. Used bags and cartridge filters shall be recycled in the furnaces.Number: 4 Author: cneusch Subject: Note Date: 12/13/2006 11:21:39 AM -06'00'Page A-3, D, now referred to as hazardous material.Number: 5 Author: cneusch Subject: Note Date: 12/13/2006 1:55:11 PM -06'00'Page A-3, E for all wind erosion requirements.Number: 6 Author: cneusch Subject: Note Date: 9/28/2009 1:47:52 PM This condition is being removed because the company does not have jurisdiction over the specified land.
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Number: 1 Author: cneusch Subject: Note Date: 12/13/2006 11:24:35 AM -06'00'Page A-5, cited to Minnesota Rules. SIP-approvedNumber: 2 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 10:36:55 AM -06'00'Pages A-30 & A-32, and changed to 1-10 inches.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:56:20 PM Page A-27 and A-29, for low temperature fabric filters.Number: 4 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 10:36:48 AM -06'00'Pages A-27 through A-33.Number: 5 Author: cneusch Subject: Note Date: 12/13/2006 11:08:10 AM -06'00'Page A-1
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:07:06 AM -06'00'Pages A-20 and A-22Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:07:16 AM -06'00'First performance test done. Pages A-20 and A-22 require periodic testing, but changed to every 24 months. NESHAP requires annual testing unless emissions are below 0.00044 gr/dscf, which is more restrictive than the SIP limit.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 2:06:44 PM Items b and c are no longer needed. Minnesota's SIP included performance testing rule sets forth many of the same requirements.Number: 4 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:07:50 AM -06'00'Pages A-20 and A-22 require periodic testing, but changed to every 24 months. Opacity testing is required every time there is a lead performance test, whether for the SIP limit or the NESHAP limit.
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Number: 1 Author: cneusch Subject: Note Date: 9/28/2009 2:10:43 PM Again, SIP included performance test rule sets forth testing requirements.Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:08:06 AM -06'00'Requirement to maintain records is on Page A-4. Requirement to report test results is on Page A-6.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 2:12:01 PM Page A-3.Number: 4 Author: cneusch Subject: Sticky Note Date: 2/2/2010 10:55:42 AM -06'00'This is covered by the requirement to maintain continuous coverage. (Page A-3)Number: 5 Author: cneusch Subject: Sticky Note Date: 9/28/2009 2:20:45 PM Page A-4Number: 6 Author: cneusch Subject: Sticky Note Date: 9/28/2009 2:22:03 PM Page A-6 requires preparation of a maintenance plan, via a SIP-included rule.
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Number: 1 Author: cneusch Subject: Sticky Note Date: 2/2/2010 11:05:12 AM -06'00'Page A-7, SIP included rule.Number: 2 Author: cneusch Subject: Sticky Note Date: 2/2/2010 10:57:54 AM -06'00'Page A-28, A-29, A-31, A-33.Number: 3 Author: cneusch Subject: Sticky Note Date: 9/28/2009 2:25:19 PM SIP recordkeeping page A-3.Number: 4 Author: cneusch Subject: Note Date: 9/28/2009 2:25:47 PM Page A-1 to A-2.Number: 5 Author: cneusch Subject: Sticky Note Date: 2/2/2010 11:09:37 AM -06'00'Page A-4
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:13:33 AM -06'00'Page A-1 includes requirement operate in accordance with the modeling parameters described in Appendix B, to keep records of changes, etc. This is a Title I condition, and therefore is permanent.Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:11:00 AM -06'00'This was not included, as it is expected that the permit will replace the order. Number: 3 Author: cneusch Subject: Note Date: 2/2/2010 11:10:00 AM -06'00'Five year SIP recordkeeping, page A-3. Number: 4 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:14:44 AM -06'00'included in 5-year recordkeeping requirement on page A-3
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:15:42 AM -06'00'Page A-4Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:16:00 AM -06'00'Page A-4Number: 3 Author: tvolkme Subject: Sticky Note Date: 2/3/2010 11:09:16 AM -06'00' Page A-4, to match the requirements of Amendment 1 to Findings and Order, which removed application of this requirement to stationary equipment.Number: 4 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:16:22 AM -06'00'Page A-4Number: 5 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:17:45 AM -06'00'Pages A-27, A-29, A-31, A-32, Appendix KNumber: 6 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:18:52 AM -06'00'Pages A-27, A-29, A-31, A-33Number: 7 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:19:24 AM -06'00'Page A-2
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:38:40 AM -06'00'Covered by recordkeeping clause on Page A-3.Number: 2 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:39:05 AM -06'00'Page A-4Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 2:29:44 PM Performance tests generally on page A-6, with specifics as shown previously for individual stacks. Performance test rule is SIP approved.
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:39:45 AM -06'00'Page A-6Number: 2 Author: cneusch Subject: Note Date: 9/28/2009 2:30:29 PM Page A-7, SIP approved rule.
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Number: 1 Author: tvolkme Subject: Sticky Note Date: 2/2/2010 11:41:56 AM -06'00'Annual compliance reports are included in SIP-approved Minn. Rules, and are on Page B-3.Number: 2 Author: cneusch Subject: Note Date: 9/28/2009 2:31:23 PM Contingency Plan requirements are all on A-4, specifically related to the current lead NAAQS of 1.5.
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Number: 1 Author: cneusch Subject: Note Date: 9/28/2009 2:31:40 PM Pg A-1 now has requirements for when a SIP revision is required.
This page contains no comments
Attachment 5: Rescission of Administrative Order 

 
STATE OF MINNESOTA

MINNESOTA POLLUTION CONTROL AGENCY

In the Matter of Gopher Smelting and Refining Company

Proceedings to Develop and Implement a State

Implementation Plan for the State Lead

Maintenance Area to Demonstrate, Attain and

Maintain Compliance with the National Ambient

Air Quality Standards for Lead as Required by

Sections 110, 172 and 191 ofthe Clean Air Act, 42

U.S.C. §§ 7410, 7502 and 7514

REVOCATION OF FINDINGS

AND ORDER

Whereas, the Findings and Order (hereinafter Order) was issued to Gopher Smelting and

Refining Company located at 3385 South Highway 149 in Eagan, Dakota County, on June 22,

1993 and subsequently amended on September 13, 1994;

Whereas the Order and subsequent amendment were approved by the u.S. Environmental

Protection Agency (EPA) as revisions of Minnesota's State Implementation Plan (SIP) to control

emissions oflead in Dakota County;

Whereas the facility is now know as Gopher Resource, LLC;

Whereas Gopher Resource was issued an air quality pennit (Air Emission Pennit No. 03700016-

003) on June 29,2010 which includes and identifies as Title I SIP conditions those conditions

that are necessary to maintain the National Ambient Air Quality Standards and are included in

the Order;

Whereas the issuance ofthe Air Emission Permit with Title I SIP Conditions renders the Order

unnecessary and duplicative;

NOW, THEREFORE, the MPCA revokes the Findings and Order and subsequent amendments

issued to Gopher Smelting and Refining Company (now Gopher Resource, LLC).

This Revocation shall become effective on the date that EPA approves Air Emission Permit No.

03700016-003 into Minnesota's State Implementation Plan and removes the Order from the SIP.

All conditions ofthe Order remain federally enforceable until Air Emission Permit No.

03700016-003 into the SIP.

IT IS SO ORDERED BY THE MINNESOTA POLLUTION CONTROL AGENCY.

Dated: --"?o' \\()
Attachment 6: Public notice 

 
MINNESOTA POLLUTION CONTROL AGENCY 

PUBLIC NOTICE ON DRAFT/PROPOSED 

AIR EMISSION FACILITY PERMIT 

NOTICE IS HEREBY GIVEN, that the Commissioner of the Minnesota Pollution Control 

Agency (MPCA) proposes to issue Air Emission Permit No. 03700016-003, to Gopher Resource, 

LLC for their facility located at 3385 South Highway 149, Eagan, Dakota County, Minnesota. 

In addition, NOTICE IS HEREBY GIVEN that the Commissioner has determined that the 

State Implementation Plan (SIP) conditions for this facility should be amended. This permit 

incorporates Title I requirements for Gopher Resource, LLC, that are included in an 

Administrative Order (Order) issued to the facility (then known as Gopher Smelting and 

Refining Company). The Order is included in Minnesota’s SIP and contains conditions that are 

necessary to demonstrate compliance with the 1978 National Ambient Air Quality Standard 

(NAAQS) for lead. Under its Title I authority, the MPCA is revising the SIP conditions and will 

be formally requesting that the U.S. Environmental Protection Agency (EPA) amend 

Minnesota’s SIP to include the new and revised Title I SIP conditions from Air Emission Permit 

No. 03700016-003, which will serve as a joint Title I SIP/Title V document. These Title I 

Conditions do not expire. 

1) Proposed Permit 

The permit action is for operation of the facility and is the reissuance of the Title V operating 

permit; therefore, the permit has been placed on public notice. The MPCA is seeking EPA’s 

concurrent review of this draft/proposed permit and the EPA’s 45-day review period will begin 

with the 30-day public review period. 

This permit does not authorize any new emission units or allow for increase in emissions. The 

following types of changes have been made in the reissued permit: updated to reflect current 

MPCA templates and standard citation formatting; revised narrative descriptions of certain 

equipment at the request of the facility; incorporated certain SIP requirements from the 

Administrative Order effective December 19, 1994; rearranged certain requirements in the 

permit to reference the appropriate emission unit or group of emission units; added the existing 

dry sorbent injection for SO2 control to the permit; added two additional filter banks and one 

additional stack; and revised the facility description tables to reflect the correct control devices 

for certain fugitive sources. 

A summary of the Total Facility Potential to Emit (PTE) in tons per year is as follows: 

Pollutant: PM PM10 PM2.5 SO2 NOx CO VOC Lead Single 

HAP 

All 

HAPs 

PTE: 97.2 94.6 94.6 2414 162 97.8 13.5 13.3 13.0 61.6 

 PM = Particulate Matter PM10 = PM smaller than 10 microns 

 PM2.5 = PM smaller than 2.5 microns SO2 = Sulfur Dioxide 

 NOx = Nitrogen Oxides VOCs = Volatile Organic Compounds 

 CO = Carbon Monoxide HAP = Hazardous Air Pollutant 

The Permittee is not required to submit a pollution prevention progress report pursuant to Minn. 

Stat. § 115D.08. 
2 

2) Proposed SIP Changes 

This permit incorporates Title I requirements for Gopher Resource that are currently included in 

an Order issued to the facility that is part of Minnesota’s SIP. This SIP revision is intended to 

replace the Order by incorporating all applicable requirements into this permit, which will serve 

as a joint Title I/Title V document. This SIP revision also generally updates the facility in the 

SIP, including emission unit and stack changes, but does not increase emissions. 

Gopher Resource is located in a maintenance area for the 1978 lead standard. The MPCA 

believes that the changes proposed in this notice will not have an adverse impact on compliance 

with the 1978 NAAQS for this pollutant. Although EPA has recently promulgated a new 

NAAQS for lead, the requirements for that standard are not yet effective. 

3) Public Participation 

The preliminary determination to issue the air emission permit and submit the SIP revision is 

tentative. There are four formal procedures for public participation in the MPCA’s consideration 

of the permit application and SIP revision. Interested persons may (1) submit written comments 

on the proposed permit and SIP revision; (2) request that the MPCA hold a public information 

meeting; (3) request the MPCA hold a contested case hearing; and/or (4) submit a petition to the 

Commissioner requesting that the MPCA Board consider the permit and SIP revision matter. 

The decision whether to issue the permit and submit the SIP revision and, if so, under what 

terms, will be presented to the MPCA Board for decision if: (1) the Commissioner grants the 

petition requesting the matter be presented to the MPCA Board; (2) an MPCA Board member 

requests to hear the matter prior to the time the Commissioner makes a final decision on the 

permit; or (3) a request for a contested case hearing is pending. Otherwise, the Commissioner 

will make the decision. 

Persons who submit comments or petitions to the MPCA must state (1) their interest in the 

permit application or the draft permit and proposed SIP revision; (2) the action they wish the 

MPCA to take, including specific references to the section of the draft permit and proposed SIP 

revision they believe should be changed; and (3) the reasons supporting their position, stated 

with sufficient specificity as to allow the MPCA to investigate the merits of the position. 

As described in Minn. R. 7000.1800, persons who submit requests for a contested case hearing 

must also state the issues they propose to address in a contested case hearing, the specific relief 

requested or resolution of the matter, and the reasons (which may be in the form of proposed 

findings) supporting an MPCA decision to hold a contested case hearing. Failure to comply with 

these rules exactly may result in a denial of the request. The decision whether to hold a 

contested case hearing will be made under Minn. R. 7000.1900. Most public libraries 

throughout the state have copies of the current Minnesota Rules. They are also available on the 

Internet at www.revisor.leg.state.mn.us. 

The public comment period commences February 18, 2010, and terminates March 19, 2010. 

Comments, including requests for a public meeting, must be received in writing at the MPCA by 

4:30 p.m. on March 19, 2010. Evidence of timely receipt includes a date/time stamp imprinted 

on the first page of the written comments by the first floor information and reception area of the 

MPCA or by the Industrial Division or EAO support staff, or receipt by fax or email. 
3 

Persons interested in requesting a contested case hearing on the proposed permit must submit 

their request during the public comment period established in this notice. Requests for a 

contested case hearing must satisfy the criteria established in Minn. R. 7000.1800. 

A public information meeting will only be held if one is requested by 4:30 p.m. on March 19, 2010. If 

such a meeting is requested, it will be held from 3:30 to 5:00 p.m. on Wednesday, March 24, 2010, at 

the MPCA St. Paul Office, 520 Lafayette Road North, Minnesota. To find out if a public information 

meeting will be held, please call Catherine Neuschler at 651-757-2607, after March 19, 2010. The 

public information meeting, if one is requested, will provide information, receive public input, and 

answer questions about both the proposed permit and SIP revision. If the public information meeting 

is held, additional written comments on the proposed documents will be accepted until 4:30 p.m. on 

April 7, 2010, following the same guidelines described above. 

Comments, requests and petitions should be sent to: 

Permit

Toni Volkmeier 

Air Quality Permits Section, Industrial Division 

Minnesota Pollution Control Agency 

520 Lafayette Road North 

St. Paul, MN 55155 

651-296-8717 – Fax 

toni.volkmeier@state.mn.us -- email 

SIP Revision

Catherine Neuschler 

Minnesota Pollution Control Agency 

EAO Division 

520 Lafayette Road North 

St. Paul, MN 55155 

651-757-2607 - Voice 

651-297-8324 – Fax 

catherine.neuschler@state.mn.us - email 

 

A copy of the draft/proposed permit will available on the MPCA’s website at 

http://www.pca.state.mn.us/news/data/index.cfm?PN=1, or will also be mailed to any interested 

person upon the MPCA's receipt of a written request. Information on the SIP revision will also 

be available on the MPCA’s website at http://www.pca.state.mn.us/air/sip.html. Additional 

materials relating to the issuance of this permit are available for inspection by appointment at the 

Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155, 

phone 651-757-2774, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. 

All MPCA offices may be reached by calling 1-800-657-3864. 

DATED: 

 

 Don Smith, P.E., Manager 

 Air Quality Permits Section 

 Industrial Division 
Attachment 7: Completeness Review 

A. Administrative Materials (40 CFR pt. 51, Appendix V, Part 2.1) 

The EPA’s Criteria for Determining the Completeness of Plan Submittals, published at 40 CFR 

pt. 51, Appendix V (2001), requires states to provide the basic documents that show that the 

State has properly followed the administrative requirements called for by the CAA for the 

adoption of SIPs. The requirements, and how this SIP revision complies with these 

requirements, are discussed here: 

1) Formal Letter of Submittal: 

“A formal letter of submittal from the Governor or his designee, requesting EPA approval of the 

plan or revision thereof.” 

Attached to this SIP revision request is a formal letter of submittal from the MPCA 

Commissioner, Paul Eger, to the EPA Region V Administrator, Susan Hedman. The office of 

the Commissioner of the MPCA is statutorily created at Minnesota Statute § 116.03, subd. 1 (a) 

(2000). The Commissioner is appointed by the Governor, and the duties of the position include 

acting as the state agent to “apply for, receive, and disburse federal funds made available to the 

state by federal law or rule and regulations promulgated thereunder for any purpose related to the 

power and duties of the MPCA or the Commissioner. The Commissioner shall comply with any 

and all requirements of such federal law or such rules and regulations promulgated thereunder to 

facilitate application for, receipt, and disbursement of such funds.” Minn. Stat. § 116.03 subd. 3 

(2000). 

2) Evidence of State Adoption of Plan and Issuance of Orders in Final Form 

“Evidence that the State has adopted the plan in the State code or body of regulations; or issued 

the permit, order, consent agreement (hereafter ‘document’) in final form. That evidence shall 

include the date of adoption or final issuance as well as the effective date of the plan, if different 

from the adoption/issuance date.” 

Attachment 1 contains the joint Title I/Title V document, which consists of Air Emission Permit 

No. 03700016-003, which includes relevant SIP conditions, labeled “Title I Condition: SIP for 

Lead NAAQS.” This Air Emission Permit became effective at the state level as soon as it was 

signed. All Title I conditions are non-expiring. 

3) Legal Authority Documentation: 

“Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan.” 

This SIP revision request is an update to MPCA’s SIP for the former lead nonattainment area in 

the city of Eagan, Dakota County. The MPCA submitted a SIP revision and redesignation 

request in June 1993, subsequently updated in September 1994. The EPA granted approval of 
the SIP revision and redesignation request on October 18, 1994 (59 FR 52431). The revision 

included an Administrative Order (Order) containing emission limits and other requirements for 

Gopher, which ensured attainment with the NAAQS. 

Several previous SIP submittals, including Attachment B.1 to the original 1993 lead SIP 

submittal, document MPCA’s legal authority to submit SIP revisions and to issue, modify or 

revoke permits, as well as to enforce those permits. On May 2, 1995, EPA approved MPCA’s 

revised operating permit program as a SIP revision (60 FR 21447). MPCA submitted the 

operating permit program for inclusion in the SIP in part so that permits issued under the 

program could be considered federally enforceable vehicles for imposing emissions limitations 

on culpable sources located in nonattainment areas. 

EPA’s conclusion that MPCA has the authority to issue permits with non-expiring Title I SIP 

conditions in order to replace Administrative Orders has been further documented in an April 4, 

1997 letter from Michael Sandusky of the MPCA to David Kee of EPA Region 5, a July 3, 1997 

letter from David Kee of EPA Region 5 to Michael Sandusky of the MPCA and in a June 15, 

2006 letter from Jay Bortzer of EPA Region 5 to David Thornton of the MPCA. Copies of these 

letters have been submitted with previous SIP revisions. 

4) Compliance with State Procedures: 

“Evidence that the state followed all of the procedural requirements of the State’s laws and 

constitution in conducting and completing the adoption/issuance of the plan.” 

MPCA complied with all relevant state procedures for issuing the permit as well as the SIP 

revision. 

5) Public Notice: 

“Evidence that public notice was given of the proposed change consistent with the procedures 

approved by the EPA, including the date of the publication of the notice.” 

The public notice for the permit and associated SIP revision was published in the St. Paul 

Pioneer Press on February 17, 2010, with the public comment period commencing on February 

18, 2010 and ending on March 19, 2010. During the public comment period, a copy of the 

permit and SIP revision request was made available at the MPCA office located in St. Paul and 

on the MPCA’s website. A copy of the public notice is attached. (Attachment 6). 

6) Public Hearing Certification 

“Certification that public hearing(s) were held in accordance with the information provided in 

the public notice and the State’s laws and constitution, if applicable.” 

The public notice states: “A public information meeting will only be held if one is requested 

during the public comment period. If such a meeting is requested, it will be held from 3:30 pm to 

5:00 pm on Wednesday, March 24, 2010, at the MPCA St. Paul Office, 520 Lafayette Road 

North, Minnesota. To find out if a public meeting will be held, please call Catherine Neuschler at 
651-757-2607, after the close of the public comment period. The public information meeting will 

provide information, receive public input, and answer questions about both the proposed permit 

and SIP revision.” 

No public meeting was requested. 

7) Public Comments and State Response: 

“Compilation of the public comments and State’s response thereto.” 

No public comments were received specifically on the SIP revision. One public comment letter 

was received on the permit. The MPCA’s response to the comment is in Attachment 6 to the 

permit Technical Support Document (SIP Attachment 2). 

B. Technical Support: 

1) Pollutants Regulated: 

“Identification of all regulated pollutants affect by the plan.” 

The regulated pollutant subject to this SIP revision request is lead. 

2) Source Identification 

“Identification of the locations of affected sources including the EPA attainment/nonattainment 

designation of the locations and the state of the Attainment Plan for the affected area(s).” 

The affected source within the former Eagan, Dakota County nonattainment area is Gopher 

Resource, LLC. Further information on the facility is included in the attached Technical Support 

Document. 

3) Emissions Quantification: 

“Quantification of the changes in the plan; allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where appropriate, 

quantification of the changes in actual emissions through calculations of the differences between 

certain baseline levels and allowable emissions anticipated as a result of the revision.” 

The changes allowed in this SIP revision do not impact overall emissions from the facility. 

4) NAAQS Protections: 

“The State’s demonstration that the NAAQS, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as applicable, are protected if the plan 

is approved and implemented.” 
Because the SIP revision does not allow any increase in emissions, and because modeling of the 

new stack at the facility shows decreased ambient impacts, the facility impact on the NAAQS 

will remain the same or decrease. 

5) Modeling Information 

“Modeling information required to support the proposed revision, including input data, output 

data, models used, justification of the model selections, ambient monitoring data used, 

meteorological data used, justification for use of off-site data (where used), modes of models 

used, assumptions, and other information relevant to the determination of adequacy of the 

modeling analysis.” 

The modeling information is summarized in the Background Document. 

6) Continuous Emission Reduction 

“Evidence, where necessary, that emission limitations are based on continuous emission 

reduction technology.” 

These requirements are included in the permit and joint Title I/Title V document issued to the 

source. This document is attached as Attachment 1. Additional information can be found in 

Attachment 2. 

7) Emission Level Assurance 

“Evidence that the plan contains emission limitations, work practice standards and 

recordkeeping/requirements, where necessary, to ensure emissions levels.” 

Again, the above requirements are addressed in the permit and joint Title I/Title V document as 

shown in Attachment 1. Additional information can be found in Attachment 2. 

8) Compliance/Enforcement 

“Compliance and enforcement strategies, including how compliance will be determined in 

practice.” 

The above requirements are addressed in the permit and joint Title I/Title V document as shown 

in Attachment 1. Additional information can be found in Attachment 2. 

9) Special Economic and Technological Justifications: 

“Special economic and technological justifications required by any applicable EPA policies, or 

an explanation of why such justifications are not necessary.” 

This requirement does not apply to this submittal. 
Conclusion 

The MPCA expects that the Eagan lead area will continue to remain in compliance with the 1978 

NAAQS of 1.5 μg/m3

.