### 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 of the 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 of the 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 of the 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 recycled paper containing at least 10% fibers from 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 Maintenan ce 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 requi rements 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 Lafa yette Road North, St. Paul, Minnesota 55155-4194. Questions about this air emission permit or about ai r 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, complia nce 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 specifyi ng compliance practices for applicable requirements, any person (including the Permittee) may also use ot her 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 pret reatment, smelting, refining and casting. Lead is recovered from lead-acid batteries, scrap from batte ry 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 (PM 10 

### ) and Particulate Matter less than 2.5 microns (PM 2.5 

### ); Nitrogen Oxide (NO x 

### ), Sulfur Dioxide (SO 2 

### ) and Lead. Gopher is subject to the provisions of an administ rative order, as amended on September 13, 1994. This was incorporated into Minnesota’s State Implem entation Plan (SIP), through the October 18, 1994, Federal Register. Gopher must comply with the pr ovisions of the administrative order as a condition of compliance with the National Ambient Ai r Quality Standards (NAAQS) for lead. This permit includes all of the provisions of the ad ministrative 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 μ g/m 3 

### to 0.15 μ g/m 3 

### . By October 15, 2009, The MPCA was required to submit to EPA, by Octobe r 15, 2009. a request for designation of areas of the State, including the area around Gopher, as either in atta inment 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 revi sed standard by October 15, 2010. If the designation is "nonattainment," MPCA must work with Gopher to deve lop 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 standa rd as 'expeditiously as practicable', but no later than five years from the effective date of the nonattainme nt designation (October 2015). Gopher is already taking steps toward meeting the revised standard; this permit inco rporates 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 colum n of the table (What To do). The limits can be emission limits or operational limits. This column also contains the actions that y ou 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 tota l 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

A CTIVITIES 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

A CTIVITIES 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 SIPTABLE 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 A ppendix 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 SIPTABLE 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 A ppendix 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 SIPTABLE 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)

A t 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 SIPTABLE 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 SIPTABLE 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 SIPTABLE 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 SIPTABLE 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 SIPTABLE 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 SIPTABLE 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

A ir 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.

A larm 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 A ppendix 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 SIPTABLE 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 SIPTABLE 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

A ir 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.

A larm 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 A ppendix 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 SIPTABLE 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

A ir 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.

A larm 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 SIPTABLE 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 A ppendix 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 SIPTABLE 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

A ir 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.

A larm 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 A ppendix 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. 7017.0200TABLE 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 SO 2 

### Modeling

Source SV ID Stack Height (feet) Stack Height (m) Stack Dia. (feet) Stack Dia. (m) Flow Rate (acfm) Exit Temp

(F) Modeled SO 2 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 Pressu re 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 el ectronic 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 a ll 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 si gned 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 Appe ndix 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 a ll 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 th e 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 consis ts of sensing probes, cables and a signal processing unit. Probes are installed immediately upstream of each emissions contro l fan. When the probes are inserted in a stream of particles, a continual transfer of charge tak es place as particles collide with the probe. Because an electrical path to ground is provided, an essentia lly 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 Br oken Media Detectors to notify personnel of possible increases in grain loading. The alarm shall be calibra ted 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 Gophe r Resource Corporation are designed to place certain areas of the processing building (Raw Materials Handling Op erations, the Furnace (smelting) and the Refining areas) under negative pressure. The negative pressure system is comp rised of a ventilation system that vents air from certain areas of Building B (the processing building) through five ba nks 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 ma intenance 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. Documentati on 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 pe rforming 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 eff ectiveness 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-door s 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 Furn ace area should be towards the Furnaces)
II. If using smoke tubes to verify negative pressure, the Co mpany 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 describ ed 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 th e 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 an y 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 afte r 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 buildi ng, 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 periodica lly 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 Ventilati on Smoke Tube or similar tube which provides a visible indication of air flow direction. Both ends of the tube ar e 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 lo cation, pull out a portion of the fiberglass blanket wrapped around the cables and blow smoke near the opening. Record th e 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 th e 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 c onditions (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 unde r 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 Nega tive Pressure Test to insure that all locations are negative pressure. Record in the Field Notes section the pr oblem 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 belo w for each baghouse and cartridge filter described in Appendix B of this permit (Exhibit 1 of the Administrativ e 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 fo r 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 accu mulation of free dust and clean as necessary.

F. Once per week, inspect baghouse inle t 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 OrderSummary of Comments on GopherSmelting AO.pdfThis page contains no commentsThis page contains no commentsThis page contains no commentsThis page contains no comments1234Page: 5Number: 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 PMStack parameters are in Appendix B.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:38:57 PMThere are now 10 refining kettles, no central vacuum system, and no flue dust agglomeration. Emission limits continue to applyat the stack level and have not changed.Number: 4 Author: cneusch Subject: Note Date: 9/28/2009 1:40:00 PMEmission points have been renumbered - main stack is SV003. Torit stack is SV002. Four fabric filters.123456Page: 6Number: 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 emissionsare 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 PMPage 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-uppurposes. 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 PMPage A-2, A.123456Page: 7Number: 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 includedon page A-2.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 1:44:39 PMPg 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 withsnow, 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.123456Page: 8Number: 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 PMPage 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 PMThis condition is being removed because the company does not have jurisdiction over the specified land.12345Page: 9Number: 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 PMPage 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-11234Page: 10Number: 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 below0.00044 gr/dscf, which is more restrictive than the SIP limit.Number: 3 Author: cneusch Subject: Note Date: 9/28/2009 2:06:44 PMItems 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 alead performance test, whether for the SIP limitor the NESHAP limit.123456Page: 11Number: 1 Author: cneusch Subject: Note Date: 9/28/2009 2:10:43 PMAgain, 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 PMPage 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 PMPage A-4Number: 6 Author: cneusch Subject: Sticky Note Date: 9/28/2009 2:22:03 PMPage A-6 requires preparation of a maintenance plan, via a SIP-included rule.12345Page: 12Number: 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 PMSIP recordkeeping page A-3.Number: 4 Author: cneusch Subject: Note Date: 9/28/2009 2:25:47 PMPage A-1 to A-2.Number: 5 Author: cneusch Subject: Sticky Note Date: 2/2/2010 11:09:37 AM -06'00'Page A-41234Page: 13Number: 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, andtherefore 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-31234567Page: 14Number: 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-2123Page: 15Number: 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 PMPerformance tests generally on page A-6, with specifics as shown previously for individual stacks. Performance test rule is SIP approved.12Page: 16Number: 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 PMPage A-7, SIP approved rule.12Page: 17Number: 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 PMContingency Plan requirements are all on A-4, specifically related to the current lead NAAQS of 1.5.1Page: 18Number: 1 Author: cneusch Subject: Note Date: 9/28/2009 2:31:40 PMPg 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 of the 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 of lead 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 of the 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 of the 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 Minne sota’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 perm it 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 SO 2 

### 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 PM 10 

### PM 2.5 

### SO 2 

### NO x 

### 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 PM 10 

### = PM smaller than 10 microns PM 2.5 

### = PM smaller than 2.5 microns SO 2 

### = Sulfur Dioxide NO x 

### = 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

a s 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 s upport 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 Nort h, 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 Comple teness of Plan Submittals, published at 40 CFR pt. 51, Appendix V (2001), requires st ates to provide the basic documents that show that the State has properly followed th e 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 th e EPA Region V Administrator, Su san Hedman. The office of the Commissioner of the MPCA is statutorily created at Minnesota Statute § 116.03, subd. 1 (a) (2000). The Commissioner is appo inted 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 thereunde r for any purpose related to the power and duties of the MPCA or the Commissione r. The Commissioner shall comply with any and all requirements of such federal law or such rules and regulations promulgated thereunder to facilitate application for, rece ipt, 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 fi nal 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 condi tions, labeled “Title I Condition: SIP for Lead NAAQS.” This Air Emission Permit became eff ective at the state level as soon as it was signed. All Title I conditi ons are non-expiring.

3) Legal Authority Documentation:

“Evidence that the State has the necessary le gal authority under St ate 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) cont aining emission limits and other requirements for Gopher, which ensured attainment with the NAAQS.

Several previous SIP submittals, including Atta chment 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 SI P in part so that permits issued under the program could be considered federally enforceab le 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 Admi nistrative 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 EP A 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 pr ocedural requirements of the State’s laws and constitution in conducting and completi ng 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 pr oposed 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 pub lic 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 availabl e at the MPCA office lo cated in St. Paul and on the MPCA’s website. A copy of the public notice is a ttached. (Attachment 6).

6) Public Hearing Certification

“Certification that public hearin g(s) were held in accordance w ith the information provided in the public notice and the State’s laws and constitution, if applicable.” The public notice states: “A public information m eeting 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 MP CA St. Paul Office, 520 Lafayette Road North, Minnesota. To find out if a public meetin g will be held, please call Catherine Neuschler at

### 651-757-2607, after the close of th e public comment period. The public information meeting will provide information, receive public input, and an swer 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 respons e to the comment is in Attachment 6 to the permit Technical Support Docu ment (SIP Attachment 2).

B. Technical Support:

1) Pollutants Regulated:

“Identification of all regulated po llutants affect by the plan.”

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

2) Source Identification

“Identification of the locations of affected so urces including the EPA attainment/nonattainment designation of the locations and the state of the Attainment Pl an for the affected area(s).”

The affected source within the former Ea gan, Dakota County nonattainment area is Gopher Resource, LLC. Further information on the facilit y is included in the a ttached Technical Support Document.

3) Emissions Quantification:

“Quantification of the changes in the plan; allowable emission s from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of the cha nges in actual emissions through calcul ations 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 signifi cant deterioration increments, reasonable further progress demonstration, and visibi lity, as applicable, are protected if the plan is approved and implemented.”

### Because the SIP revision does not allow any incr ease in emissions, and because modeling of the new stack at the facility shows decreased ambi ent 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 mode l selections, ambient monitoring data used, meteorological data used, justifi cation 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 summar ized 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 emissi on limitations, work practice standards and recordkeeping/requirements, where nece ssary, to ensure emissions levels.”

Again, the above requirements are addressed in th e permit and joint Title I/Title V document as shown in Attachment 1. Additional inform ation can be found in Attachment 2.

8) Compliance/Enforcement

“Compliance and enforcement strategies, incl uding how compliance will be determined in practice.”

The above requirements are addressed in the perm it and joint Title I/Title V document as shown in Attachment 1. Additional information can be found in Attachment 2.

9) Special Economic and Tec hnological Justifications:

“Special economic and technological justifications required by a ny applicable EPA policies, or an explanation of why such just ifications are not necessary.”

This requirement does not apply to this submittal.

### Conclusion

The MPCA expects that the Eaga n lead area will continue to re main in compliance with the 1978 NAAQS of 1.5 μg/m 3



### .