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 ins tall, 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 aft er 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 amoun t 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 Off ice, 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 que stions, 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 GHGResponse 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.

Hea ring 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 l ocal 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 co nsistent format. PDF copies of the original comments in the format submitted are available upon request.

1. Topic: None

a. Comment: None

b. Response: NoneResponse 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 po llution 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

................................ ................................ ................................ ................ 11Final 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) identif ied 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

T he 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 constitut e 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 DirectorFinal 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 ApplicableFinal 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 ConditionsFinal 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?

Y ou 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 PT IO 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 restri ctions 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 n eed 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 t o you approximately six months prior to the expiration date of this permit. However, it isFinal Permit

- to

- Install and Operate Bowerston Shale Company Permit Number: 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.

I f 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 e xtended 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 e valuation 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 p ermit.

8. If I am required to obtain a Title V operating permit in the future, what happens to the operating provisions and PER obligations under this permit?

If you are required to obtain a Title V permit under OAC Chapter 3745

- 77 in the future, the permit

- to

operate portion of this permit will be superseded by the issued Title V permit. From the effective date of the 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 issue d 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 th is 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 accor dance 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 a re 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 determ ine 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
t ests, 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. Wha t 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 rem oved 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 submitting 1 a certification that identifies the date on which the emissions unit was permanently shut down. The certification must be submitted by an authorized official from the facility. You cannot continue to operate an emissions unit once the certifica tion 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 dur ing 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, f or 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 Ch apter 3745

- 31.

1 Permittees that use Ohio EPA's "Air Services" can mark the affected emissions unit(s) as "permanently shutdown" in the facility profile along with the date the emissions unit(s) was permanently removed and/or disabled. Submitting the facility profile upd ate will constitute notifying of the permanent shutdown of the affected emissions unit(s).Final Permit

- to

- Install and Operate Bowerston Shale Company Permit Number: 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 ai r 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 enforcem ent 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 ConditionsFinal 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

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- 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 ConditionsFinal Permit

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- 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 Requir ements

(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) shallFinal Permit

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- 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 revisi on 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. E PA 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 I mplementation 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, O C , HF, and HCl is le ss 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

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- 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

- mont h period.

The permittee has existing data on which to base the 12

- mont total at the time this permit is issued.

d) M onitoring 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 perfo rm 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

- m onth 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 SO 2 emission s 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 A Toxic 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 toxi c 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 mo del, was compared to the Maximum Acceptable Ground

- Level Concentration (MAGLC), calculated as described in the Ohio EPA guidance document entitled A Review 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 rawFinal Permit

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- 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 Indu strial Hygienists = (ACGIH) A Threshold 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 = (ACGI H) A Threshold 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 t he 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., A X @ hours per day and A Y @ 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 mod eling for the significant toxic contaminants (emitted at 1 or more tons/year) or A worst 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 (u g/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 proce ssing agent shall not be applied without evaluating each component toxic air contaminant in accordance with the A Toxic 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 canFinal Permit

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- Install and Operate Bowerston Shale Company Permit Number: P0107881 Facility ID: 0145000010 Effective Date : 11/28/2011

Page 15 of 19 affect the para meters/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 a ir 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 r ule 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 A Toxic 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 A Toxic 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 emis sions 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 evalua tion conducted to determine compliance with the A Toxic 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 A Toxic 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 A Toxic Air Contamin ant 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 A Toxic Air Contaminant Statute @ , ORC 3704.03(F), and docu mentation 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

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- 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 mode l, used to demonstrate compliance with the A Toxic 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 th e 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 shal l 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 a ny regulated air pollutant and have been detected by the monitoring, record keeping and/or testing requirements in this permit:

i. a ll 12

- month periods during which the quantity of fired brick production (dry) using clay was above the maximum specified level;

ii. a ll 12

- month periods during which the 12

- month SO 2 emissions were ab ove 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).

I f no deviations (excursions) occurred during a calendar quarter, the perm ittee shall submit a report that state s 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 (c overing January to March), July 31 (covering April to June), and October 31 (covering July to September), unless an alternative schedule has been e stablished and approved by the Director (the appropriate District O ffice 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 per mit. The permit evaluation report shall cover a reporting period of no more than twelve

months 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, th at was used to d emonstrate compliance with the Toxic AirFinal Permit

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- 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 stateme nt to this effect.

f) Testing Requirements

(1) Compliance with the Emission s Limitations and/or Control Requirements specified in section b) of these terms and conditions shall be determ ined in accordance with the following methods:

a. Emissions Limitation : 96.5 tons per year (TYP) of SO 2 as a 12

- month rolling summation

.
Applicable Compliance Method: Compliance shall be based upon the recordkee ping 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, c ompliance shall be demonstrated by the method specified in OAC rule 3745

- 17

- 03(B)(1).

c. Emission Limitation : Particulate matter emissions s hall not exceed 11.9 TYP as a 12

- month r olling 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 LimitationFinal Permit

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- 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 e mission fact or of 0.35 lb NOx/ton of bricks (AP

- 42, 8/97).

Compliance with the long term emission limitation s hall 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 emission s shall not exceed 32.1 TYP as a 12

- month rolling summation.

Applicable Compliance Method Compl iance 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 emis sions 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 o f 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 HC l/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 burne d in t his emission unit shall not exce e d 0.4% by weight of dry raw material.

Applicable Compliance MethodFinal Permit

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- 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.