11/28/2011

Edward Milliken

Bowerston Shale Company

PO Box 199

Bowerston, OH 44695

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

Facility ID: 0145000010

Permit Number: P0107881

Permit Type: OAC Chapter 3745-31 Modification

County: Licking

Dear Permit Holder:

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

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

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

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

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

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

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

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

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

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

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

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

with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission

309 South Fourth Street, Room 222

Columbus, OH 43215

If you have any questions, please contact Ohio EPA DAPC, Central District Office at (614)728-3778 or the Office of 

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

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

Sincerely,

Michael W. Ahern, Manager

Permit Issuance and Data Management Section, DAPC

Cc: Ohio EPA-CDO

Certified Mail

No TOXIC REVIEW

No PSD

No SYNTHETIC MINOR TO AVOID MAJOR NSR

No CEMS

No MACT/GACT

No NSPS

No NESHAPS

No NETTING

No MAJOR NON-ATTAINMENT

No MODELING SUBMITTED

Yes SYNTHETIC MINOR TO AVOID TITLE V

Yes FEDERALLY ENFORCABLE PTIO (FEPTIO)

No SYNTHETIC MINOR TO AVOID MAJOR GHG

Response to Comments

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Response to Comments

Facility ID: 0145000010

Facility Name: Bowerston Shale Company

Facility Description: brick manufacturing

Facility Address:

1329 Seven Hills Rd NE

Newark, OH 43055

Licking County

Permit: P0107881, Permit-To-Install and Operate - OAC Chapter 3745-31 Modification

A public notice for the draft permit issuance was published in the Ohio EPA Weekly Review and appeared in 

the The Newark Advocate on 10/09/2011. The comment period ended on 11/08/2011.

Hearing date (if held) NA

Hearing Public Notice 

Date (if different from 

draft public notice)

NA

The following comments were received during the comment period specified. Ohio EPA reviewed and 

considered all comments received during the public comment period. By law, Ohio EPA has authority to 

consider specific issues related to protection of the environment and public health. Often, public concerns fall 

outside the scope of that authority. For example, concerns about zoning issues are addressed at the local 

level. Ohio EPA may respond to those concerns in this document by identifying another government agency 

with more direct authority over the issue.

In an effort to help you review this document, the questions are grouped by topic and organized in a consistent 

format. PDF copies of the original comments in the format submitted are available upon request.

1. Topic: None

a. Comment: None

b. Response: None
Response to Comments

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010
FINAL

Division of Air Pollution Control

Permit-to-Install and Operate

for

Bowerston Shale Company

Facility ID: 0145000010

Permit Number: P0107881

Permit Type: OAC Chapter 3745-31 Modification

Issued: 11/28/2011

Effective: 11/28/2011

Expiration: 11/28/2016

Division of Air Pollution Control

Permit-to-Install and Operate

for

Bowerston Shale Company

Table of Contents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. P002, Tunnel Kiln and Dryer ................................................................................................................11

Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 1 of 19

Authorization

Facility ID: 0145000010

Application Number(s): A0040427

Permit Number: P0107881

Permit Description: Chapter 31 modification of synthetic minor PTI 01-08117 to allow the use of high sulfur 

content clay in the tunnel kiln.

Permit Type: OAC Chapter 3745-31 Modification

Permit Fee: $400.00

Issue Date: 11/28/2011

Effective Date: 11/28/2011

Expiration Date: 11/28/2016

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

This document constitutes issuance to:

Bowerston Shale Company

1329 Seven Hills Rd NE

Newark, OH 43055

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

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

Ohio EPA DAPC, Central District Office

50 West Town Street, 6th Floor

P.O. Box 1049

Columbus, OH 43216-1049

(614)728-3778

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

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

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

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

in compliance with applicable State and federal laws and regulations.

This permit is granted subject to the conditions attached hereto.

Ohio Environmental Protection Agency

Scott J. Nally

Director
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 2 of 19

Authorization (continued)

Permit Number: P0107881

Permit Description: Chapter 31 modification of synthetic minor PTI 01-08117 to allow the use of high sulfur 

content clay in the tunnel kiln.

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

below:

Emissions Unit ID: P002

Company Equipment ID: Tunnel Kiln and Dryer

Superseded Permit Number: 01-08117

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 3 of 19

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 4 of 19

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

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

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

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

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

2. Who is responsible for complying with this permit?

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

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

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

the "Authorization" page above.

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

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

3. What records must I keep under this permit?

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

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

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

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

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

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

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

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

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

and permit processing if required by the Director. 

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

days of the invoice date. You are required to pay the fee for this PTIO even if you do not install 

or modify your operations as authorized by this permit. 

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

from your facility. You self-report your emissions in accordance with Ohio Administrative Code 

(OAC) Chapter 3745-78. This fee assessed is based on a fee schedule in ORC section 3745.11 

and funds Ohio EPA’s permit compliance oversight activities. Unless otherwise specified, 

facilities subject to one or more synthetic minor restrictions must use Ohio EPA's "Air Services" 

to submit annual emissions associated with this permit requirement. Ohio EPA will notify you 

when it is time to report your emissions and to pay your annual emission fees.

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

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

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

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 5 of 19

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

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

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

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

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

taken by Ohio EPA on the renewal application.

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

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

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

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

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

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

extension.

7. What reports must I submit under this permit?

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

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

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

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

provisions and PER obligations under this permit?

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

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

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

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

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

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

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

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

permit.

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

equipment?

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

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

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

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

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

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

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 6 of 19

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

how must I report? 

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

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

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

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

operational upsets to determine if a reportable malfunction has occurred. 

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

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

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

maintain records for non-reportable malfunctions.

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

located?

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

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

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

Ohio EPA requests either verbally or in writing. 

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

permanently?

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

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

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

defined in OAC Chapter 3745-31.

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

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

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

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

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

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

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

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

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

generated.

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

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

31.

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

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

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 7 of 19

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

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

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

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

transferor permit holder.

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

nuisance"?

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

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

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

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

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

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

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

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 8 of 19

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 9 of 19

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

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

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

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

under state law only.

(1) None.

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

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

which are federally enforceable.

(1) None.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 10 of 19

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

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 11 of 19

1. P002, Tunnel Kiln and Dryer

Operations, Property and/or Equipment Description: 

Tunnel kiln and dryer for clay and shale bricks

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

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

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

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

are enforceable under state law only.

a. d)(3-6)

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

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

those listed below which are federally enforceable.

a. None.

b) Applicable Emissions Limitations and/or Control Requirements

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

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

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

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

narrative form following the table.

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

a. ORC 3704.03(T) Emissions of particulate matter (PM) shall

not exceed 11.9 tons per year (TPY) as a 

12-month rolling summation.

Emissions of carbon monoxide (CO) shall

not exceed 32.1 TYP as a 12-month 

rolling summation.

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

effective 11/30/01

Emissions of nitrogen oxides (NOx) shall

not exceed 2.1 pounds per hour; 9.2 TPY.

Emissions of organic compounds (OC)

shall not exceed 0.7 pounds per hour; 3.0

TPY.

Emissions of hydrogen chloride (HCl)

shall not exceed 1.0 pounds per hour;

4.5 TPY.

Emissions of hydrogen fluoride (HF) shall
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 12 of 19

Applicable Rules/Requirements Applicable Emissions Limitations/Control 

Measures

not exceed 2.3 pounds per hour; 9.9 ton

TPY.

See b)(2)a.

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

effective 12/01/06

See b)(2)b.

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

(Synthetic Minor to avoid Title V,

and PSD)

Emission of sulfur dioxides (SO2) shall 

not exceed 96.5 TPY as a 12-month 

rolling summation.

See c)(1)

e. OAC rule 3745-17-07 (A)(1) Visible emissions of particulate matter

from any stack shall not exceed 20%

opacity, except as provided by rule.

f. OAC rule 3745-17-11 (B)(1) The requirements of this rule are less

stringent than the emission limitation

established pursuant to OAC rule

ORC 3704.03(T).

(2) Additional Terms and Conditions

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

pursuant to Ohio Administrative Code (OAC) paragraph 3745-31-05(A)(3), as 

effective November 30, 2001, in this permit. On December 1, 2006, paragraph 

(A)(3) of OAC rule 3745-31-05 was revised to conform to the Ohio Revised Code 

(ORC) changes effective August 3, 2006 (Senate Bill 265 changes), such that 

BAT is no longer required by State regulations for National Ambient Air Quality 

Standards (NAAQS) pollutant(s) less than ten tons per year. However, that rule 

revision has not yet been approved by U.S. EPA as a revision to Ohio’s State 

Implementation Plan (SIP). Therefore, until the SIP revision occurs and the U.S. 

EPA approves the revisions to OAC rule 3745-31-05, the requirement to satisfy 

BAT still exists as part of the federally-approved SIP for Ohio. Once U.S. EPA 

approves the December 1, 2006 version of OAC rule 3745-31-05, then these 

emission limitations/control measures no longer apply.

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

version of OAC rule 3745-31-05 as part of the State Implementation Plan. The 

Best Available Technology (BAT) requirements under OAC rule 3745-31-05(A)(3) 

do not apply to the NOx, OC, HF, and HCl emissions from this air contaminant 

source since the uncontrolled potential to emit for NOx, OC, HF, and HCl is less 

than 10 tons/year.

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

percent by weight of dry raw material.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 13 of 19

c) Operational Restrictions

(1) Fired brick production (dry) using clay shall not exceed 10,000 tons per rolling 12-month 

period.

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

permit is issued.

d) Monitoring and/or Recordkeeping Requirements

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

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

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

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

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

upon receiving written approval from Ohio EPA.

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

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

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

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

previous 12-month period;

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

previous 12-month period; and

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

calculations.

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

permit is issued.

(3) The FEPTIO application for this/these emissions unit(s), P002, was evaluated based on 

the actual materials and the design parameters of the emissions unit's(s’) exhaust 

system, as specified by the permittee. The AToxic Air Contaminant Statute@, ORC 

3704.03(F), was applied to this/these emissions unit(s) for each toxic air contaminant 

listed in OAC rule 3745-114-01, using data from the permit application; and modeling 

was performed for each toxic air contaminant(s) emitted at over one ton per year using 

an air dispersion model such as SCREEN3, AERMOD, or ISCST3, or other Ohio EPA 

approved model. The predicted 1-hour maximum ground-level concentration result(s) 

from the approved air dispersion model, was compared to the Maximum Acceptable 

Ground-Level Concentration (MAGLC), calculated as described in the Ohio EPA 

guidance document entitled AReview of New Sources of Air Toxic Emissions, Option A@, 

as follows:

a. the exposure limit, expressed as a time-weighted average concentration for a 

conventional 8-hour workday and a 40-hour workweek, for each toxic 

compound(s) emitted from the emissions unit(s), (as determined from the raw 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 14 of 19

materials processed and/or coatings or other materials applied) has been 

documented from one of the following sources and in the following order of 

preference (TLV was and shall be used, if the chemical is listed):

i. threshold limit value (TLV) from the American Conference of 

Governmental Industrial Hygienists= (ACGIH) AThreshold Limit Values for 

Chemical Substances and Physical Agents Biological Exposure Indices@; 

or 

ii. STEL (short term exposure limit) or the ceiling value from the American 

Conference of Governmental Industrial Hygienists= (ACGIH) AThreshold 

Limit Values for Chemical Substances and Physical Agents Biological 

Exposure Indices@; the STEL or ceiling value is multiplied by 0.737 to 

convert the 15-minute exposure limit to an equivalent 8-hour TLV.

b. The TLV is divided by ten to adjust the standard from the working population to 

the general public (TLV/10).

c. This standard is/was then adjusted to account for the duration of the exposure or 

the operating hours of the emissions unit(s), i.e., AX@ hours per day and AY@

days per week, from that of 8 hours per day and 5 days per week. The resulting 

calculation was (and shall be) used to determine the Maximum Acceptable 

Ground-Level Concentration (MAGLC):

TLV/10 x 8/X x 5/Y = 4 TLV/XY = MAGLC

d. The following summarizes the results of dispersion modeling for the significant 

toxic contaminants (emitted at 1 or more tons/year) or Aworst case@ toxic 

contaminant(s):

Toxic Contaminant: HF 

TLV (mg/m3): 2.3

Maximum Hourly Emission Rate (lbs/hr): 2.3

Predicted 1-Hour Maximum Ground-Level Concentration (ug/m3): 10.29

MAGLC (ug/m3): 54.76

The permittee, has demonstrated that emissions of HF, from emissions unit(s) P002, is 

calculated to be less than eighty per cent of the maximum acceptable ground level 

concentration (MAGLC); any new raw material or processing agent shall not be applied 

without evaluating each component toxic air contaminant in accordance with the AToxic 

Air Contaminant Statute@, ORC 3704.03(F).

(4) Prior to making any physical changes to or changes in the method of operation of the 

emissions unit(s), that could impact the parameters or values that were used in the 

predicted 1-hour maximum ground-level concentration, the permittee shall re-model the 

change(s) to demonstrate that the MAGLC has not been exceeded. Changes that can 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 15 of 19

affect the parameters/values used in determining the 1-hour maximum ground-level 

concentration include, but are not limited to, the following:

a. changes in the composition of the materials used or the use of new materials, 

that would result in the emission of a new toxic air contaminant with a lower 

Threshold Limit Value (TLV) than the lowest TLV previously modeled;

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

result in an increase in emissions of any toxic air contaminant listed in OAC rule 

3745-114-01, that was modeled from the initial (or last) application; and

c. physical changes to the emissions unit(s) or its/their exhaust parameters (e.g., 

increased/ decreased exhaust flow, changes in stack height, changes in stack 

diameter, etc.).

If the permittee determines that the AToxic Air Contaminant Statute@ will be satisfied for 

the above changes, the Ohio EPA will not consider the change(s) to be a "modification" 

under OAC rule 3745-31-01 solely due to a non-restrictive change to a parameter or 

process operation, where compliance with the AToxic Air Contaminant Statute@, ORC 

3704.03(F), has been documented. If the change(s) meet(s) the definition of a 

“modification”, the permittee shall apply for and obtain a final FEPTIO prior to the 

change. The Director may consider any significant departure from the operations of the 

emissions unit, described in the permit application, as a modification that results in 

greater emissions than the emissions rate modeled to determine the ground level 

concentration; and he/she may require the permittee to submit a permit application for 

the increased emissions.

(5) The permittee shall collect, record, and retain the following information for each toxic 

evaluation conducted to determine compliance with the AToxic Air Contaminant 

Statute@, ORC 3704.03(F):

a. a description of the parameters/values used in each compliance demonstration 

and the parameters or values changed for any re-evaluation of the toxic(s) 

modeled (the composition of materials, new toxic contaminants emitted, change 

in stack/exhaust parameters, etc.);

b. the Maximum Acceptable Ground-Level Concentration (MAGLC) for each 

significant toxic contaminant or worst-case contaminant, calculated in 

accordance with the AToxic Air Contaminant Statute@, ORC 3704.03(F);

c. a copy of the computer model run(s), that established the predicted 1-hour 

maximum ground-level concentration that demonstrated the emissions unit(s) to 

be in compliance with the AToxic Air Contaminant Statute@, ORC 3704.03(F), 

initially and for each change that requires re-evaluation of the toxic air 

contaminant emissions; and

d. the documentation of the initial evaluation of compliance with the AToxic Air 

Contaminant Statute@, ORC 3704.03(F), and documentation of any 

determination that was conducted to re-evaluate compliance due to a change 

made to the emissions unit(s) or the materials applied.
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 16 of 19

(6) The permittee shall maintain a record of any change made to a parameter or value used 

in the dispersion model, used to demonstrate compliance with the AToxic Air 

Contaminant Statute@, ORC 3704.03(F), through the predicted 1-hour maximum 

ground-level concentration. The record shall include the date and reason(s) for the 

change and if the change would increase the ground-level concentration.

e) Reporting Requirements

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

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

online web portal.

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

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

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

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

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

i. all 12-month periods during which the quantity of fired brick production 

(dry) using clay was above the maximum specified level;

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

above the maximum specified level; and

iii. all exceedances of the maximum sulfur content of clay burned in this 

emissions unit. 

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

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

prevent future deviations (excursions); and

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

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

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

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

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

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

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

appropriate District Office or local air agency).

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

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

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

The permit evaluation report shall cover a reporting period of no more than twelvemonths for each air contaminant source identified in this permit.

(4) The permittee shall include any changes made to a parameter or value used in the 

dispersion model, that was used to demonstrate compliance with the Toxic Air 
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 17 of 19

Contaminant Statute, ORC 3704.03(F), through the predicted 1-hour maximum 

ground‐level concentration, in the annual Permit Evaluation Report (PER). If no 

changes to the emissions, emissions unit(s), or the exhaust stack have been made, then 

the report shall include a statement to this effect.

f) Testing Requirements

(1) Compliance with the Emissions Limitations and/or Control Requirements specified in 

section b) of these terms and conditions shall be determined in accordance with the 

following methods:

a. Emissions Limitation:

96.5 tons per year (TYP) of SO2 as a 12-month rolling summation.

Applicable Compliance Method:

Compliance shall be based upon the recordkeeping as required in section d)(2)

If required, compliance shall be determined through Methods 1-4 and 6C of 40 

CFR Part 60 Appendix A. Alternative U.S. EPA approved test methods may be 

used with prior approval from the Ohio EPA.

b. Emissions Limitation:

Visible particulate emissions shall not exceed 20% opacity as a six-minute 

average.

Applicable Compliance Method

If required, compliance shall be demonstrated by the method specified in OAC 

rule 3745-17-03(B)(1).

c. Emission Limitation:

Particulate matter emissions shall not exceed 11.9 TYP as a 12-month rolling 

summation.

Applicable Compliance Method

Compliance with the emission limitation shall be demonstrated by multiplying the 

maximum 12-month throughput of 53,436 tons/yr by the emission factor of 0.447 

lb PM/ton of bricks and dividing by 2000 lbs/ton (AP-42, 8/97).

d. Emission Limitation 

Hydrogen fluoride emissions shall not exceed 2.3 pounds per hour and 9.9 tons 

per year.

Applicable Compliance Method 

Compliance with the short term emission limitation shall be demonstrated by 

multiplying the maximum short term throughput of 6.1 tons/hr by the emission 

factor of 0.37 lb HF/ton of bricks (AP-42, 8/97).

Compliance with the long term emission limitation shall be demonstrated by 

multiplying the short term maximum emission rate by 8760 hr/yr and dividing by

2000 lbs/ton.

e. Emission Limitation
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 18 of 19

Nitrogen oxide emissions shall not exceed 2.1 pounds per hour and 9.2 tons per 

year.

Applicable Compliance Method

Compliance with the short term emission limitation shall be demonstrated by 

multiplying the maximum short term throughput of 6.1 tons/hr by the emission 

factor of 0.35 lb NOx/ton of bricks (AP-42, 8/97).

Compliance with the long term emission limitation shall be demonstrated by 

multiplying the short term maximum emission rate by 8760 hr/yr and dividing by 

2000 lbs/ton.

f. Emission Limitation

Carbon monoxide emissions shall not exceed 32.1 TYP as a 12-month rolling 

summation.

Applicable Compliance Method

Compliance with the short terms emission limitation shall be demonstrated by 

multiplying the maximum 12-month throughput of 53,436 tons/yr by the emission 

factor of 1.2 lb CO/ton of bricks and dividing by 2000 lbs/ton. (AP-42, 8/97).

g. Emission Limitation

OC emissions shall not exceed 0.7 pounds per hour and 3.0 tons per year.

Applicable Compliance Method

Compliance with the short term emission limitation shall be demonstrated by 

multiplying the maximum short term throughput of 6.1 tons/hr by the emission 

factor of 0.112 lb OC/ton of bricks (AP-42, 8/97).

Compliance with the long term emission limitation shall be demonstrated by 

multiplying the short term maximum emission rate by 8760 hr/yr and dividing by 

2000 lbs/ton.

h. Emission Limitation

HCl emissions shall not exceed 1.0 pounds per hour and 4.5 tons per year.

Applicable Compliance Method

Compliance with the short term emission limitation shall be demonstrated by 

multiplying the maximum short term throughput of 6.1 tons/hr by the emission 

factor of 0.17 lb HCl/ton of bricks (AP-42, 8/97).

Compliance with the long term emission limitation shall be demonstrated by 

multiplying the short term maximum emission rate by 8760 hr/yr and dividing by 

2000 lbs/ton.

i. Emission Limitation

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

by weight of dry raw material.

Applicable Compliance Method
Final Permit-to-Install and Operate

Bowerston Shale Company

Permit Number: P0107881

Facility ID: 0145000010

Effective Date: 11/28/2011

Page 19 of 19

Compliance shall be demonstrated by the record keeping and reporting 

requirements in Section d)(1).

g) Miscellaneous Requirements

(1) None.