Minnesota Pollution Control Agency 

520 Lafayette Road North I St. Paul, MN 55155-4194 I 651-296-6300 I 800-657-3864 I 651-282-5332 TTY I www.pca.state.mn.us 

Mr. Bharat Mathur
 

Acting Regional Administrator (AR-19J)
 

U.S. Environmental Protection Agency
 

Region V
 

77 West Jackson Boulevard
 

Chicago, Illinois 60604
 

RE: Proposed Amendments to Minnesota's State Implementation Plan (SIP) for Particulate
 

Matter
 

Dear Mr. Mathur: 

The Minnesota Pollution Control Agency (MPCA) hereby submits to the U.S. Environmental 

Protection Agency (EPA) a revision request for Minnesota's state implementation plan (SIP) for 

the Childs Road area of Ramsey County. This area was previously in nonattainment with the 

National Ambient Air Quality Standards (NAAQS) for Particulate Matter less than 10 microns 

(PM10). 

The facility at 1177 Childs Road, previously owned and operated by J.L. Shiely Company, was 

found to be a culpable source in the area's non-attainment of the PMIO NAAQS. As J.L. Shiely, 

the facility was issued an Administrative Order (Amended Findings and Order) to control PMIO 

emissions on August 25, 1992. The Order has been subsequently amended; the most recent SIP 

action was approval of Amendment Three, signed on February 21, 1995, and approved into the 

SIP on April 3, 1998 (63 FR 16435). 

Since that submittal, the facility has changed ownership; it is now owned by Aggregate 

Industries. In addition, the facility has made minor changes to some emission units. No major 

changes have been made at the facility. 

The MPCA has issued Air Emission Permit No. 12300007-002 as a joint Title VFESOP 

document, containing all the applicable requirements for the source to ensure that the area will 

continue to maintain the NAAQS. 

The MPCA hereby submits Air Emission Permit No. 12300007-002 as a joint document and 

requests that those conditions labeled "Title I Condition: SIP for PM10" replace the 

Administrative Order as the SIP enforceable document. This submittal includes a copy of the 

new permit and a revocation of the Administrative Order, along with other supporting 

documents. MPCA did not receive any comments on the SIP revision or permit, or any requests 

for a public meeting. 

St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar 
Mr. Bharat Mathur
 

Page 2
 

Please contact Catherine Neuschler, of our staff, at 651-757-2607, if you have any questions 

regarding this submittal. 

Sincerely, 

?J-~~ Paul Eger
 

Commissioner
 

PE/CN:ale 
 

1

Background Information for SIP Revision 

Aggregate Industries – Yard A Facility, Saint Paul, Minnesota 

This document provides background information on the submittal of Air Emission Permit No. 

12300007-002 as the State Implementation Plan (SIP) enforceable document for the Aggregate 

Industries – Yard A Facility (Aggregate) at 1177 Childs Road in Saint Paul, Ramsey County, 

Minnesota. 

The facility is an aggregate distribution and storage facility. It receives aggregate by barge, 

unloads it, and conveys it to one of several storage piles based on size and material type. The 

aggregate is stored until it is loaded to truck for off-site transport. The facility operates a natural 

gas-fired aggregate heater that is used between November and April to reduce moisture content 

and make some materials more easily conveyed. The primary emissions from the facility are PM 

and PM10 from the process equipment, as well as fugitive emissions from the stockpiles and 

unpaved roads. 

This facility was previously owned and operated by J.L. Shiely Company, and was found to be a 

culpable source in the Childs Road area’s non-attainment of the PM10 National Ambient Air 

Quality Standards (NAAQS). As J.L. Shiely, the facility was issued an Administrative Order 

(Amended Findings and Order) to control PM10 emissions on August 25, 1992. The Order has 

been subsequently amended; the most recent SIP action was approval of Amendment Three, 

signed on February 21, 1995 and approved into the SIP on April 3, 1998 (63 FR 16435). 

The Minnesota Pollution Control Agency (MPCA) has issued Air Emission Permit No. 

12300007-002 as a joint Title I/FESOP document, containing all the applicable requirements for 

the source to ensure that the area will continue to maintain the NAAQS. At this time, the MPCA 

is submitting Air Emission Permit No. 12300007-002, to EPA, requesting that those conditions 

labeled “Title I Condition: SIP for PM10” replace the conditions from the Administrative Order 

as the SIP enforceable document. 

1. Reasons for Changes and Placing Applicable Conditions into 

Joint Title I/FESOP Document 

This SIP revision is necessary for several reasons. First, the facility has changed ownership, 

becoming Aggregate Industries. Furthermore, as has been documented in previous submittals, 

the MPCA and EPA have come to an agreement about the process of placing SIP requirements 

into joint Title I/permit documents and the appropriate citation of such requirements. The MPCA 

is therefore in the process of replacing all SIP Orders with SIP enforceable joint documents. 

In addition, the facility requested clarification of the SIP conditions and updates to permit 

language for the aggregate heater. In 1995, the Permittee made changes to the aggregate heater, 

and asked for a permit change and SIP revision. A SIP revision was not submitted at that time. 

The changes made included a replacement of the aggregate heater with a new aggregate heater. 

Finally, as this facility has not been subject to a SIP revision for many years, this SIP revision 

will serve to generally update the facility in the SIP, including any relevant changes to control 

and process equipment made over the past several years. 
 

2

2. Type of Changes Made 

The changes that are being made in this submittal include: 

• Change in ownership of the facility 

• Change in enforceable document (Administrative Order to joint document) 

• Updating of emission units 

• Change to requirements for storage piles 

• Removal of lbs/hour PM10 limit on aggregate heater 

The main reason for this SIP revision is the change in ownership of the facility (from JL Shiely 

to Aggregate Industries) and to change the enforceable document from the Order to a joint Title 

I/FESOP document. 

At the time of the initial issuance of the Order, the facility consisted of three crawler cranes, 

seven steel loadout bins, eight conveyor belts, two radial stackers and a rotary aggregate heater. 

Amendment Two of the Order removed two crawler cranes and two bins, and added a hopper, 

diesel backhoe, and belt conveyer. The facility currently consists of one crawler crane, seven 

loadout bins, eight conveyors, two radial stackers, four hoppers, the diesel backhoe, and the 

aggregate heater with an associated conveyor. Changes to the emission units at the source were 

made in the previously amendments to the Order. 

However, most of these emission units are not subject to source specific requirements necessary 

to show modeled compliance with the PM10 NAAQS. Instead, they have been subject to general 

opacity limits based on Minnesota Rules. These opacity limits have been carried forward in the 

permit, through citations to Minnesota’s opacity rules, many of which are more stringent now 

than they were when the original Order was issued. 

The facility requested a slight change to the requirements for minimizing fugitive dust from the 

storage piles. The Orders indicated that the Company shall not operate the product pile 

conveyors unless the free fall height from the conveyor to the product pile is less than 10 feet. 

At the beginning of the season, the facility has depleted the product storage pile throughout the 

winter before barges are allowed to bring product to Yard A. In addition, there are select times 

during the construction season that the product storage pile is depleted before barges come to 

refill the pile. Therefore, during these times it is difficult to maintain the 10 foot free fall height 

until the storage pile is established. The permit has slightly altered the language so that the free 

fall height requirement applies only after the product pile is established. Additional language 

was added to ensure that the less than 10 foot fall height should be achieved as expeditiously as 

possible, and that the fall height cannot be greater than 10 feet for more than six hours. These 

requirements will ensure that the NAAQS is maintained, while allowing the facility some 

flexibility in establishing new product piles. There will be no increase in emissions associated 

with this change because the emission calculations for the pile or stacker are not based on free 

fall height. 
 

3

The unit subject to specific control requirements necessary to model compliance with the PM10 

NAAQS is EU026 (formerly emission point 5), the aggregate heater. The heater was originally 

subject to a PM10 emission limit of 10.2 lbs/hr; this was raised to 15.1 lbs/hr.1 The 15.1 lbs/hr 

limit was coupled with operating restrictions (no more than 16 hours of operation in any 24 hour 

period) to ensure that the total PM10 emissions in any 24-hour period would not increase, thereby 

continuing to demonstrate modeled attainment.2 

Since the last SIP revision, in 1995, the facility has changed aggregate heaters. Although the new 

heater was permitted and a SIP revision was requested by the facility, it does not appear that a 

SIP revision was submitted. The new heater does not have an exhaust stack, making it difficult to 

test for the PM10 limit included in the Administrative Order; however, the intent of the design of 

the new heater is to minimize emissions by keeping the air velocity as low as possible in the 

drum to avoid entrainment of dust. 

Therefore, the PM10 limit has not been included in the permit that the MPCA is requesting to 

have approved as the joint document. The MPCA is confident that the change in heater and the 

removal of the PM10 limit will not jeopardize the NAAQS. First, the new heater runs only on 

natural gas (the old heater combusted fuel oil) and its potential to emit of PM10 is 0.119 lbs/hour. 

The permit maintains the operating restrictions placed on the heater when the limit of 15.1 lbs/hr 

was applied, thereby assuring that 24-hour PM10 emissions will decrease from those allowable 

under the current Order. 

Replacing the lbs/hr limit, this action adds a requirement to minimize generation of fugitive dust, 

and a requirement that the moisture content of material leaving the heater be at least two percent. 

The aggregate heater continues to be subject to operating limits, namely that the heater can only 

be operated during the winter months (November through April) and no more than 10 hours each 

day or 16 hours in any 24-hour period. 

3. New authorizations 

No new processes are being authorized in the permit that serves as the joint document. 

4. Modeling 

No modeling was conducted, as the new heater has considerably lower potential emissions than 

the unit it replaces. The maintenance of operating hour limitations on the new aggregate heater 

ensures attainment with the PM10 NAAQS at a higher PM10 emission rate than capable by the 

current heater. 

 

1

 The change from 10.2 to 15.1 lbs/hour came in Amendment One to the Amended Findings and Order, but it is not 

clear that this change was SIP approved. Amendment One is not shown on Region V’s SIP webpage; however, 

subsequent amendments were approved. 2

 The 24-hour PM10 NAAQS was the limiting condition at the facility at the time of the issuance of the Order, and is 

now the only remaining PM10 NAAQS. 
 

4

5. SIP Revision 

All conditions necessary for maintaining the NAAQS, including those from the Amendment 

Three to the Amended Findings and Order, and to be included in the SIP are designated as “Title 

I Condition: State Implementation Plan for PM10,” making it clear that the term is part of the 

SIP’s source-specific requirements. In this SIP submittal, MPCA is requesting that only those 

requirements with the term “Title I Condition: State Implementation Plan for PM10” be included 

into the SIP, and that the Order issued to J.L. Shiely be consequently revoked. 

Attachments to Background Document 

Attachment 1: Permit No. 12300055-004; joint Title I/FESOP document 

Attachment 2: Permit technical support document 

Attachment 3: Permit No. 12300055-004; Title I SIP conditions only 

Attachment 4: Marked Up Findings and Order 

Attachment 5: Revocation of Findings and Order 

Attachment 6: Public notice 

Attachment 8: Completeness Review 

This summary was prepared by Catherine Neuschler, Environmental Analysis and Outcomes 

Division of the MPCA. 
 

Attachment 1: Permit No. 12300055-004; joint Title I/FESOP document 

Permit Applications Table

Permit Type Application Date Permit 

Action 

Total Facility Operating Permit 1/31/96 updated 2005 001

Major Amendment 9/4/07 002 
TABLE OF CONTENTS 

Notice to the Permittee 

Permit Shield 

Facility Description 

Amendment Description

Table A: Limits and Other Requirements 

Table B: Submittals 

Appendix: Weather Summary Criteria 
NOTICE TO THE PERMITTEE: 

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

Agency’s (MPCA) solid waste, hazardous waste, and water quality programs. If you wish to 

obtain information on these programs, including information on obtaining any required permits, 

please contact the Minnesota Pollution Control Agency (MPCA) general information number at: 

 Metro Area 651-296-6300 

 

 Outside Metro Area 1-800-657-3864 

 TTY 651-282-5332 

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

may be sent to: Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, 

Minnesota 55155-4194. 

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

the telephone numbers and address listed above. 

PERMIT SHIELD:

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

shall be deemed compliance with the specific provision of the applicable requirement identified 

in the permit as the basis of each condition. Subject to the limitations of Minn. R. 7007.1800 and 

7017.0100, subp. 2, notwithstanding the conditions of this permit specifying compliance 

practices for applicable requirements, any person (including the Permittee) may also use other 

credible evidence to establish compliance or noncompliance with applicable requirements. 

FACILITY DESCRIPTION: 

The facility is an aggregate distribution and storage facility. It receives aggregate by barge, 

unloads it, and conveys it to one of several storage piles based on size and material type. The 

aggregate is stored until it is loaded to truck for off-site transport. The facility operates a natural 

gas-fired aggregate heater that is used between November and April to reduce moisture content 

and make some materials more easily conveyed. The primary emissions from the facility are 

Particulate Matter and Particulate Matter smaller than 10 mincrons (PM10) from the process 

equipment, as well as fugitive emissions from the stockpiles and unpaved roads. Permit 

action -001 incorporated the applicable Administrative Order (State Implementation Plan) 

requirements. 

AMENDMENT DESCRIPTION (Major Amendment -002):

This major amendment will clarify a Title I Condition regarding a SIP for PM10 originating from 

an Administrative Order for the facility issued August 25, 1992. This amendment will also 

update the permit language for the aggregate heater (EU026) and update opacity limits for 

GP001 and GP002. SV001 is being removed from the facility description. Total facility permit 

language was updated to meet current MPCA policy. 
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-1

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

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

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

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

requirements.

Subject Item: Total Facility

What to do Why to do it

SOURCE-SPECIFIC REQUIREMENTS hdr

Permit Appendices: This permit contains an appendix as listed in the permit Table

of Contents. The Permittee shall comply with all requirements contained in the

appendix.

Minn. R. 7007.0800, subp. 2

Feed Material Moisture Content: greater than or equal to 1.5 percent Title I Condition: To avoid major source and

modification under 40 CFR Section 70.2 and Minn. R.

7007.0200; Minn. R. 7007.0800, subp. 2

Demonstrate feed material moisture content by either 1 or 2 below:

1. Test moisture content of each different feed material source (sampled at an area

representative of the feed source and physically capable of being sampled), as

follows:

a. Use American Society for Testing and Materials (ASTM) method numbers D

2216-92 or D 4643-93 (or equivalent).

b. Keep records of each moisture content test summarizing the method used,

results, date, time, and initials of person performing test.

c. Test weekly, when operating, unless three consecutive tests at the stationary

source location show moisture contents of greater than or equal to 1.5 percent after

which testing is no longer required until the source of the feed material changes.

Title I Condition: To avoid major source and

modification under 40 CFR Section 70.2 and Minn. R.

7007.0200; Minn. R. 7007.0800, subp. 2

d. When testing indicates that feed material moisture content is less than 1.5

percent, or in situations where it is infeasible to sample and test, or where the

Permittee elects not to sample and test, the Permittee must operate a moisture

addition device at or immediately prior to the equipment where unprocessed feed

material is being fed to achieve a moisture content greater than or equal to 1.5

percent. Moisture addition during operation shall continue until subsequent

moisture content testing demonstrates that feed material moisture content is

greater than or equal to 1.5 percent. Daily, when operating, either: (i) keep records

of the date, water flow rate, material throughput rate, and initials of the person

making the record and the time the record was made; or (ii) conduct moisture

content testing daily on the feed material after water application following a. and b.

above, and if results show moisture content is less than 1.5 percent, increase water

addition to insure moisture

CONTINUED: Title I Condition: To avoid major source

and modification under 40 CFR Section 70.2 and Minn.

R. 7007.0200; Minn. R. 7007.0800, subp. 2

OR

2. Keep records indicating that feed material is being removed from below the

water table - or from below the surface of a waterway (e.g., creek, river, lake).

Records shall include a description of the source, the corresponding dates, and the

initials of the person making the record.

CONTINUED: Title I Condition: To avoid major source

and modification under 40 CFR Section 70.2 and Minn.

R. 7007.0200; Minn. R. 7007.0800, subp. 2

Labeling Requirements: Permanently affix the manufacturer's serial number (or

otherwise unique identifying number) to each piece of crushing, screening, transfer

operation, and stationary internal combustion engine equipment for tracking

purposes within 60 days of permit issuance. The number shall be permanently

affixed and maintained so that it is readable and visible at all times from a safe

distance at each stationary source. This number shall correspond to the number

contained in records regarding the piece of equipment.

Minn. R. 7007.0800, subp. 2

SIP REQUIREMENTS hdr

Activities Not Requiring A Modification To The SIP: The Permittee is authorized to

make changes to the facility without obtaining a modification to the SIP as long as

the change does not increase from any emission point, the PM10 emission rates

(either lb/hr or gr/dscf) or overall PM10 emissions.

As noted in Part II of the Order, the Permittee may undertake certain changes to

the facility without obtaining a modification of the Order. However, if the Permittee

does make such a change, and if the change in any way affects PM10 emissions

(reduces the amount or changes the concentration, size, character, velocity,

direction, or location of PM10 emissions) the Permittee shall notify the AQD

Manager in writing at least 30 days prior to undertaking the change. The notification

shall describe the change and why it does not require a modification of the SIP.

The Permittee must also obtain a permit amendment if required by state or federal

law.

Title I Condition: State Implementation Plan for PM10
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-2

Activities Requiring A Modification To The SIP: Activities that require a modification

to the SIP prior to the Permittee commencing the activity include, but are not limited

to:

1. any decrease in stack emissions exit velocity;

2. any decrease in the exit point heat content of stack emissions; or

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

structural dimensions.

4. any changes in operations that increase potential PM10 emissions.

Title I Condition: State Implementation Plan for PM10

The Permittee shall demonstrate compliance with applicable conditions of the

PM10 SIP, Minnesota and federal statutes, federal regulations and Minnesota rules

by the following methods: visually observing the opacity from emission units with

opacity limits, in accordance with the testing procedures of 40 CFR pt. 60,

Appendix A, Method 9 as amended in Minn. R. 7005.1860, subp. 7. These records

shall be made available when requested by MPCA or EPA.

Title I Condition: State Implementation Plan for PM10

Required Records: The following records must be retained at the facility:

a. monitoring, testing and other records;

b. PM10 emissions and operations records;

c. startup, shutdown, bypass and breakdown records;

d. excess emissions and noncompliance with operational requirements records

Title I Condition: State Implementation Plan for PM10

Permanent Recordkeeping: The Permittee shall permanently maintain the following

records:

a. Design, Construction and Operation Information. The Permittee shall maintain a

file or files of information on the design, construction and operation of each

emission source, fuel system, stack, structures pertinent to modeling for

downwash, and any other information required to conduct PM10 ambient air quality

modeling. The file or files shall include all information required to demonstrate that

the equipment identified in this permit is installed and operated as described. If the

Permittee makes changes or modifications that do not require amendments to this

permit, the file or files shall include a description of that change or modification and

all information required to demonstrate that the change or modification did not

require a permit amendment.

Title I Condition: State Implementation Plan for PM10

Permanent Recordkeeping (continued):

b. PM10 Emission and Operational Requirement Compliance Demonstration Plans.

The Permittee shall maintain a file at the facility which includes this permit and all

attachments or items incorporated by reference, and any plans which upon

approval by the MPCA or EPA become integral and enforceable parts of this

permit.

Title I Condition: State Implementation Plan for PM10

(continued from above)

Recordkeeping: Retain all records at the stationary source and/or corporate office

from the date of monitoring, sample, measurement, or report. Records which must

be retained at these locations include all calibration and maintenance records, all

original recordings for continuous monitoring instrumentation, and copies of all

reports required by this permit. Records are required to be retained at the stationary

source for 1 year with the remaining records stored at the corporate office for a

minimum of six (6) years. Records must conform to the requirements listed in Minn.

R. 7007.0800, subp. 5(A) unless otherwise noted.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Shutdown Notifications: Notify the Commissioner at least 24 hours in advance of a

planned shutdown of any control equipment or process equipment if the shutdown

would cause any increase in the emissions of PM10. At the time of the notification,

the company shall notify the Commissioner of the cause of the shutdown and the

estimated duration. The owner or operator shall notify the Commissioner when the

shutdown is over.

Title I Condition: State Implementation Plan for PM10

Breakdown Notifications: Notify the Commissioner within 24 hours of a breakdown

of more than one hour duration of any control equipment or a breakdown of

process equipment if the process equipment breakdown causes any increase in the

emissions of PM10. The 24-hour time period starts when the breakdown was

discovered or reasonably should have been discovered by the owner or operator.

The owner or operator shall notify the Commissioner when the breakdown is over.

Title I Condition: State Implementation Plan for PM10

Performance Test Notifications and Submittals:

Performance Tests are due as outlined in Tables A and B of the permit. See Table

B for additional testing requirements.

Performance Test Notification (written): due 30 days before each Performance Test

Performance Test Plan: due 30 days before each Performance Test

Performance Test Pre-test Meeting: due 7 days before each Performance Test

Performance Test Report: due 45 days after each Performance Test

Performance Test Report - Microfiche Copy: due 105 days after each Performance

Test

The Notification, Test Plan, and Test Report may be submitted in alternative format

as allowed by Minn. R. 7017.2018.

Title I Condition: State Implementation Plan for PM10;

Minn. Rs. 7017.2030, subp. 1-4, 7017.2018 and Minn.

R. 7017.2035, subp. 1-2
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-3

Annual Reports: The Permittee shall submit to the MPCA once each calendar year,

a report that contains the following information: a record of data used in calculating

PM10 emissions, and calculations of the PM10 emissions; each startup, shutdown,

bypass and breakdown of process and control equipment; and a summary record

of excess PM10 emissions, opacity exceedances, hours of operation exceedances

and noncompliance with operational requirements (or the Permittee shall state if no

exceedances or noncompliance conditions occurred in the year).

Annual reports shall be postmarked or delivered within 60 days following the end of

each calendar year.

Title I Condition: State Implementation Plan for PM10

The Permittee shall conduct maintenance as necessary to ensure that all

equipment is in proper operating condition.

Title I Condition: State Implementation Plan for PM10

OPERATIONAL REQUIREMENTS hdr

Circumvention: Do not install or use a device or means that conceals or dilutes

emissions, which would otherwise violate a federal or state air pollution control rule,

without reducing the total amount of pollutant emitted.

Minn. R. 7011.0020

Operation Changes: In any shutdown, breakdown, or deviation the Permittee shall

immediately take all practical steps to modify operations to reduce the emission of

any regulated air pollutant. The Commissioner may require feasible and practical

modifications in the operation to reduce emissions of air pollutants. No emissions

units that have an unreasonable shutdown or breakdown frequency of process or

control equipment shall be permitted to operate.

Minn. R. 7019.1000, subp. 4

Fugitive Emissions: Do not cause or permit the handling, use, transporting, or

storage of any material in a manner which may allow avoidable amounts of

particulate matter to become airborne. Comply with all other requirements listed in

Minn. R. 7011.0150.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7011.0150

Noise: The Permittee shall comply with the noise standards set forth in Minn. R.

7030.0010 to 7030.0080 at all times during the operation of any emission units.

This is a state only requirement and is not enforceable by the EPA Administrator or

citizens under the Clean Air Act.

Minn. R. 7030.0010 - 7030.0080

Inspections: The Permittee shall comply with the inspection procedures and

requirements as found in Minn. R. 7007.0800, subp. 9(A).

Minn. R. 7007.0800, subp. 9(A)

The Permittee shall comply with the General Conditions listed in Minn. R.

7007.0800, subp. 16.

Minn. R. 7007.0800, subp. 16

PERFORMANCE TESTING hdr

Performance Testing: Conduct all performance tests in accordance with Minn. R.

ch. 7017 unless otherwise noted in Tables A, B, and/or C.

Minn. R. ch. 7017

Limits set as a result of a performance test (conducted before or after permit

issuance) apply until superseded as stated in the MPCA's Notice of Compliance

letter granting preliminary approval. Preliminary approval is based on formal review

of a subsequent performance test on the same unit as specified by Minn. R.

7017.2025, subp. 3. The limit is final upon issuance of a permit amendment

incorporating the change.

Minn. R. 7017.2025, subp. 3

RECORDKEEPING hdr

Recordkeeping: Retain all records at the stationary source and/or corporate office

for a period of five (5) years from the date of monitoring, sample, measurement, or

report. Records which must be retained at this location include all calibration and

maintenance records, all original recordings for continuous monitoring

instrumentation, and copies of all reports required by the permit. Records are

required to be retained at the stationary source for 1 year with the remaining

records stored at the corporate office up to five (5) years. Records must conform to

the requirements listed in Minn. R. 7007.0800, subp. 5(A).

Minn. R. 7007.0800, subp. 5(C)

Recordkeeping: Maintain records describing any insignificant modifications (as

required by Minn. R. 7007. 1250, subp. 3) or changes contravening permit terms

(as required by Minn. R. 7007.1350 subp. 2), including records of the emissions

resulting from those changes.

Minn. R. 7007. 0800, subp. 5(B)

If the Permittee determines that no permit amendment or notification is required

prior to making a change, the Permittee must retain records of all calculations

required under Minn. R. 7007.1200. For nonexpiring permits, these records shall be

kept for a period of five years from the date that the change was made. The records

shall be kept at the stationary source for the current calendar year of operation and

may be kept at the stationary source or office of the stationary source for all other

years. The records may be maintained in either electronic or paper format.

Minn. R. 7007.1200, subp. 4

REPORTING/SUBMITTALS hdr
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-4

Shutdown Notifications: Notify the Commissioner at least 24 hours in advance of a

planned shutdown of any control equipment or process equipment if the shutdown

would cause any increase in the emissions of any regulated air pollutant. If the

owner or operator does not have advance knowledge of the shutdown, notification

shall be made to the Commissioner as soon as possible after the shutdown.

However, notification is not required in the circumstances outlined in Items A, B

and C of Minn. R. 7019.1000, subp. 3.

At the time of notification, the owner or operator shall inform the Commissioner of

the cause of the shutdown and the estimated duration. The owner or operator shall

notify the Commissioner when the shutdown is over.

Minn. R. 7019.1000, subp. 3

Breakdown Notifications: Notify the Commissioner within 24 hours of a breakdown

of more than one hour duration of any control equipment or process equipment if

the breakdown causes any increase in the emissions of any regulated air pollutant.

The 24-hour time period starts when the breakdown was discovered or reasonably

should have been discovered by the owner or operator. However, notification is not

required in the circumstances outlined in Items A, B and C of Minn. R. 7019.1000,

subp. 2.

At the time of notification or as soon as possible thereafter, the owner or operator

shall inform the Commissioner of the cause of the breakdown and the estimated

duration. The owner or operator shall notify the Commissioner when the

breakdown is over.

Minn. R. 7019.1000, subp. 2

Notification of Deviations Endangering Human Health or the Environment: As soon

as possible after discovery, notify the Commissioner or the state duty officer, either

orally or by facsimile, of any deviation from permit conditions which could endanger

human health or the environment.

Minn. R. 7019.1000, subp. 1

Notification of Deviations Endangering Human Health or the Environment Report:

Within 2 working days of discovery, notify the Commissioner in writing of any

deviation from permit conditions which could endanger human health or the

environment. Include the following information in this written description:

1. the cause of the deviation;

2. the exact dates of the period of the deviation, if the deviation has been corrected;

3. whether or not the deviation has been corrected;

4. the anticipated time by which the deviation is expected to be corrected, if not yet

corrected; and

5. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the

deviation.

Minn. R. 7019.1000, subp. 1

Application for Permit Amendment: If a permit amendment is needed, submit an

application in accordance with the requirements of Minn. R. 7007.1150 through

Minn. R. 7007.1500. Submittal dates vary, depending on the type of amendment

needed.

Minn. R. 7007.1150 - Minn. R. 7007.1500

Extension Requests: The Permittee may apply for an Administrative Amendment

to extend a deadline in a permit by no more than 120 days, provided the proposed

deadline extension meets the requirements of Minn. R. 7007.1400, subp. 1(H).

Minn. R. 7007.1400, subp. 1(H)

Emission Inventory Report: due on or before April 1 of each calendar year

following permit issuance. To be submitted on a form approved by the

Commissioner.

Minn. R. 7019.3000 - Minn. R. 7019.3100

Emission Fees: due 60 days after receipt of an MPCA bill. Minn. R. 7002.0005 - Minn. R. 7002.0095
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-5

Subject Item: GP 001 Limits that Apply to Equipment (pre-1969) not Subject to NSPS

Associated Items: EU 001 Crawler Crane

EU 006 Loadout Bin

EU 008 Conveyor

EU 011 Conveyor

EU 014 Conveyor

EU 020 Conveyor

EU 021 Loadout Bin

EU 025 Stocking Hopper

What to do Why to do it

Total Particulate Matter: less than or equal to 0.3 grains/dry standard cubic foot of

exhaust gas unless required to further reduce emissions to comply with the less

stringent limit of either Minn. R. 7011.0730 or Minn. R. 7011.0735.

Minn. R. 7011.0710, subp. 1(A)

Opacity: less than or equal to 20 percent opacity except for one six-minute period

per hour of not more than 33 percent opacity.

Minn. R. 7011.0105
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-6

Subject Item: GP 002 Limits that Apply to Equipment (post-1969) not Subject to NSPS

Associated Items: EU 003 Hopper

EU 004 Conveyor

EU 005 Radial Stacker

EU 007 Heater Conveyor

EU 009 Loadout Bin

EU 010 Loadout Bin

EU 012 Loadout Bin

EU 013 Loadout Bin

EU 015 Diesel Backhoe

EU 016 Hopper

EU 017 Hopper

EU 018 Conveyor

EU 019 Radial Stacker

EU 022 Conveyor

EU 023 Conveyor

EU 024 Loadout Bin

What to do Why to do it

Total Particulate Matter: less than or equal to 0.3 grains/dry standard cubic foot of

exhaust gas unless required to further reduce emissions to comply with the less

stringent limit of either Minn. R. 7011.0730 or Minn. R. 7011.0735.

Minn. R. 7011.0715, subp. 1(A)

Opacity: less than or equal to 20 percent opacity Minn. R. 7011.0715, subp. 1(B) and Minn. R.

7011.0110
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-7

Subject Item: GP 003 SIP Requirements - Storage Piles

Associated Items: FS 001 Stock Piles Sand, Gravel & Limestone Products

FS 002 Stock Piles Sand, Gravel & Limestone Products

FS 003 Stock Piles Sand, Gravel & Limestone Products

FS 004 Stock Piles Sand, Gravel & Limestone Products

FS 005 Stock Piles Sand, Gravel & Limestone Products

FS 006 Stock Piles Sand, Gravel & Limestone Products

FS 007 Stock Piles Sand, Gravel & Limestone Products

FS 008 Stock Piles Sand, Gravel & Limestone Products

FS 009 Stock Piles Sand, Gravel & Limestone Products

FS 010 Stock Piles Sand, Gravel & Limestone Products

FS 011 Stock Piles Sand, Gravel & Limestone Products

FS 012 Stock Piles Sand, Gravel & Limestone Products

FS 013 Stock Piles Sand, Gravel & Limestone Products

FS 014 Stock Piles Sand, Gravel & Limestone Products

FS 015 Stock Piles Sand, Gravel & Limestone Products

FS 016 Stock Piles Sand, Gravel & Limestone Products

FS 017 Stock Piles Sand, Gravel & Limestone Products

FS 018 Stock Piles Sand, Gravel & Limestone Products

What to do Why to do it

Operations: Do not operate the product pile conveyors unless the free fall height

from the conveyor belt to the product pile is 10 feet or less after the product pile is

established. The free fall height shall not be greater than 10 feet for more than 6

hours. The 10 foot drop height shall be achieved as expeditiously as possible.

Title I Condition: State Implementation Plan for PM10

If the steady wind speed exceeds 30 miles per hour, or when wind gusts exceed 45

miles per hour, then the operation of the radial stacker equipment shall be confined

to the downwind side of the pile.

Title I Condition: State Implementation Plan for PM10

Obtain and record wind measurements from the National Weather Service (St.

Paul/Holman Field) or an on-site wind gauge.

Minn. R. 7007.0800, subp. 4D
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-8

Subject Item: EU 026 Heater

What to do Why to do it

Operation: Operate the aggregate heater only during the months of November

through April. Do not operate this unit on Sundays during the months of November

through April. Operate this unit for not more than 10 hours each day that the unit is

allowed to operate. Notwithstanding the previous sentence, the unit shall be

operated in a manner that prevents the actual total hours of operation from

exceeding 16 hours in any 24-hour period from Monday through Saturday in the

months of November through April.

Title I Condition: State Implementation Plan for PM10

Allowed fuels: Natural gas, no other fuels shall be used. Title I Condition: To avoid major source and

modification under 40 CFR Section 70.2 and Minn. R.

7007.0200; Minn. R. 7007.0800, subp. 2

Recordkeeping: Record the following data daily:

a. Burner startup and shutdown time to the minute with each burn recorded

separately;

b. Fuel consumption;

c. Approximate amount of material in tons heated by the unit operator; and

d. Actual amount of heated materials in tons established based on daily sales

records.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Recordkeeping: For each month by the 15th of the following month, summarize the

daily data listed above.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Operate heater to minimize generation of fugitive dust. Title I Condition State Implementation Plan for PM10

Total Particulate Matter: less than or equal to 0.3 grains/dry standard cubic foot of

exhaust gas unless required to further reduce emissions to comply with the less

stringent limit of either Minn. R. 7011.0730 or Minn. R. 7011.0735.

Minn. R. 7011.0610, subp. 1(A)(1)

Moisture Content: greater than or equal to 2 percent leaving the heater. Test at the

beginning of each winter season, when operating. Complete testing until three

consecutive tests at the stationary source location show moisture contents of

greater than 2% after which testing is no longer required until the next winter

season.

Title I Condition: State Implementation Plan for PM10

Opacity: less than or equal to 20 percent opacity , this is more stringent than the

limit cited in Minn. R. 7011.0610, subp. 1(A)(2).

Title I Condition: State Implementation Plan for PM10
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-9

Subject Item: FS 019 Haul Roads

What to do Why to do it

Water unpaved roads located within the property boundaries of the facility.

Watering shall be subject to the following conditions:

a. Water application rate shall be at least 0.03 gallons for each square foot at least

once every 24 hours.

b. 0.1 inch or more rainfall during the past 24 hours shall substitute for one daily

water application. This shall be measured either by National Weather Service (St.

Paul/Holman Field) data or an on-site rain gauge.

c. Water application shall not be required when there is snow cover or the ground is

frozen.

d. Water application shall not be required when there is no traffic on the roads.

e. Following any day when water is not applied based on absence of traffic, water

shall be applied within 3 hours of the recommencement of traffic.

Title I Condition: State Implementation Plan for PM10

Recordkeeping (unpaved roads): Maintain a daily log which shall include the

following information:

a. which roads were watered;

b. date and time of watering;

c. quantity of water used;

d. method of application for each application;

e. water tank size, total area of roads to be watered and number of fills necessary

to accomplish the required application rate;

f. records of watering equipment breakdowns and repairs.

If water was not applied because the facility was not in operation, there was no

traffic on the roads, was frozen or snow covered, or there was rainfall, the log shall

note the reason for no watering. The method of rainfall measurement shall be

either National Weather Service (St. Paul/Holman Field) data or an on-site rain

gauge.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

To eliminate track-out of mud onto the paved roads, wash the entire concrete exit

driveway at least twice per day in non-frozen conditions. These washings shall be

recorded in the road watering log.

Title I Condition: State Implementation Plan for PM10

High pressure wash the paved surface of Childs Road (to the side gutters) in front

of the facility at least once per day when trucks are hauling from the facility. The

washing shall be conducted in both directions to the extent that track-out of

sediment from the facility can be seen on Childs Road.

Title I Condition: State Implementation Plan for PM10

Recordkeeping (paved roads): Maintain a daily log which shall state the date and

time of washing. If water was not applied because trucks were not hauling, the log

shall note the reason for no watering.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A
 

Attachment 2: Permit technical support document 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 1 of 7 

Date: 4/24/2009 

TECHNICAL SUPPORT DOCUMENT

For 

AIR EMISSION PERMIT NO. 12300007-002

This technical support document (TSD) is intended for all parties interested in the permit and to 

meet the requirements that have been set forth by the federal and state regulations (40 CFR § 

70.7(a)(5) and Minn. R. 7007.0850, subp. 1). The purpose of this document is to provide the 

legal and factual justification for each applicable requirement or policy decision considered in 

the determination to issue the permit. 

1. General Information

1.1 Applicant and Stationary Source Location:

Table 1. Applicant and Source Address 

Applicant/Address Stationary Source/Address 

(SIC Code: 1442, 1422) 

Aggregate Industries Inc. 

2915 Waters Road 

Eagan, MN 55121 

Aggregate Industries Inc. - Yard A 

1177 Childs Road 

St. Paul, Ramsey County 

Contact: Patty Christensen 

Phone: 651-683-8133 

1.2 Facility Description

Aggregate Industries Inc. - Yard A is an aggregate distribution and storage facility. It receives 

aggregate by barge, unloads it, and conveys it to one of several storage piles based on size and 

material type. The aggregate is stored until it is loaded to truck for off-site transport. The facility 

operates a natural gas-fired aggregate heater that is used between November and April to reduce 

moisture content and make some materials more easily conveyed. The primary emissions from the 

facility are Particulate Matter (PM) and Particulate Matter less than 10 um in size (PM10) from the 

processing equipment, as well as fugitive emissions from the stockpiles and unpaved roads. The 

facility is not eligible for the state non-metallic minerals processing plant general permit because it 

operates an aggregate heater, and has State Implementation Plan requirements for the PM10

maintenance area. 

1.3 Description of the Activities Allowed by this Permit Action

A major amendment application was received September 4, 2007, requesting clarification of a 

Title I Condition in their permit regarding a State Implementation Plan (SIP) for PM10

originating from an Administrative Order for the facility issued August 25, 1992. This permit 

action will amend the Title I Condition in question and update the SIP to reference the latest 

permit for the Yard A facility instead of the Administrative Order. The Permittee is also 

requesting to update the permit language for the aggregate heater (EU026). Total facility permit 

language was updated to meet current MPCA policy. More stringent limits on opacity in GP001 

were added to the permit. No emissions increases are associated with this permit action. 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 2 of 7 

Date: 4/24/2009 

1.4 Facility Classification:

Table 2. Facility Classification 

Classification Major/Affected 

Source 

Synthetic Minor Minor 

PSD X 

Part 70 Permit Program PM10 PM, SO2, NOX, CO, 

VOC 

Part 63 NESHAP X 

2. Regulatory and/or Statutory Basis

New Source Review

This facility is a minor source for purposes of NSR/PSD. 

Part 70 Permit Program

The facility is a synthetic minor source under the Part 70 permit program. Fugitive emissions are 

not factored into the PTE since this facility is not subject to an NSPS. 

New Source Performance Standards (NSPS)

The facility is not subject to NSPS, Subpart OOO, Standards of Performance for Nonmetallic 

Mineral Processing Plants, because no crushing is performed on-site. 

National Emission Standards for Hazardous Air Pollutants (NESHAP)

There are no National Emission Standards for Hazardous Air Pollutants applicable to the 

operations at this facility. 

Compliance Assurance Monitoring (CAM)

CAM does not apply to the action allowed in this permit amendment. 

Environmental Review & AERA

Environmental Review and Air Emissions Risk Analysis are not required with this permit action. 

Minnesota State Rules

Portions of the facility are subject to the following Minnesota Standards of Performance: 

• Minn. R. 7011.0105 Visible Emission Restrictions for Existing Facilities 

• Minn. R. 7011.0110 Visible Emission Restrictions for New Facilities 

• Minn. R. 7011.0610 Standards of Performance for Fossil-Fuel-Burning Direct Heating 

Equipment 

• Minn. R. 7011.0710 Standards of Performance for Pre-1969 Industrial Process Equipment 

• Minn. R. 7011.0715 Standards of Performance for Post-1969 Industrial Process Equipment 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 3 of 7 

Date: 4/24/2009 

Table 3. Regulatory Overview of Units Affected by the Modification/Permit Amendment 

Level* Applicable Regulations Comments: 

GP 001 Minn. R. 7011.0105 Restricting the limits on opacity based on Administrative Order 

and State Implementation Plan (SIP) for PM10 

GP 002 Minn. R. 7011.0715, subp. 

1(B); Minn. R. 7011.0110 

Citing the Minn. R. setting opacity limits in the Administrative 

Order and SIP for PM10

GP 003 

(FS001-

FS018) 

Title I Condition: State

Implementation Plan for 

PM10

Title I Condition updated to reference the facility permit 

instead of the Administrative Order and State Implementation 

Plan (SIP) issued August 25, 1992 

EU 026 Title I Condition: State 

Implementation Plan for 

PM10 

Replacing PM10 limit of < 15.1 lb/hr with a requirement to 

operate the heater to minimize fugitive dust and add a Moisture 

Content limit of > 2% leaving the aggregate heater. 

*Where the requirement appears in the permit (e.g., EU, SV, GP, etc.). 

3. Technical Information

Aggregate Industries Inc. is requesting to update permit language in the Yard A current state 

permit (12300007-001) to match the actual operating scenario at the facility. The updated 

language addresses the free fall height from the product pile conveyors to the product pile at the 

Yard A facility. 

At the beginning of the season (i.e. Spring) the facility has depleted the product storage pile 

throughout the winter before barges are allowed to bring product to Yard A. In addition, there 

are select times during the construction season (Spring, Summer and Fall), that the product 

storage pile is depleted before barges come to refill the pile. Therefore, during these times it is 

difficult to maintain the 10 foot free fall height until the storage pile is established. Aggregate 

Industries requests to update the facility permit to allow for this temporary operating condition. 

There will be no increase in emissions associated with this change because the emission 

calculations for the pile or stacker are not based on free fall height. 

The condition that is proposed to be amended is currently part of Aggregate Industries permit 

and is also part of an Administrative Order (AO) that is part of the State Implementation Plan 

(SIP) for the area for maintenance of compliance with the PM10 National Ambient Air Quality 

Standard (NAAQS). The Permittee is requesting that along with this permit action, that the 

permit be made to replace the AO and therefore, future changes are not required to be made 

separately to the AO/SIP and the permit. 

The Permittee is also requesting to update permit language for the aggregate heater (EU026). 

The PM10 limit for EU026 of less than or equal to 15.1 lb/hr is being replaced with a requirement 

to minimize generation of fugitive dust. The old aggregate heater at the facility was a Madsen 

Rotary dryer manufactured in 1958. This heater was replaced in 1995 with an ADM heater added 

in action -001. The new heater does not have an exhaust stack making it difficult to test for the 

existing PM10 limit in the permit. The stack associated with the Madsen heater was not removed 

in permit action -001 and this correction is being made in this permit action (-002). The intent of 

the design of the ADM heater is to minimize emissions by keeping the air velocity as low as 

possible in the drum to avoid entrainment of dust. The ADM heater runs on natural gas where 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 4 of 7 

Date: 4/24/2009 

the Madsen heater combusted fuel oil. The Permittee is also adding a moisture content limit of 

greater than or equal to 2% leaving the heater. 

Opacity limits are also being restricted to what is stated in Minn. R. 7011.0105 and Minn. R. 

7011.0110 as enforced by the Administrative Order dated August 25, 1992. 

The cover page of permit action -001 listed the facility with limits to avoid Pt. 70 and limits to 

avoid PSD/NSR while the Technical Support Document listed the facility as a true minor source 

for PSD/NSR and no citations of 40 CFR Section 52.21 in the permit. This error is being 

corrected in this permit action. Also the Emission Calculations spreadsheet for permit action 001 

had an incorrect link in the summary tab for uncontrolled PM and PM10 emissions. These 

corrections are shown in the attached revised emissions calculations to this TSD. There are no 

emissions increases involved with this permit action. 

Table 4. Title I Conditions / SIP for PM10 Changes 

Citation Old Requirement (PER 001) New Requirement (PER 002) 

Title I Condition: State 

Implementation Plan for 

PM10 (for GP003) 

Operations: Do not operate the 

product pile conveyors unless the 

free fall height from the conveyor 

belt to the product pile is 10 feet or 

less. 

Operations: Do not operate the product 

pile conveyors unless the free fall height 

from the conveyor belt to the product 

pile is 10 feet or less after the product 

pile is established. The free fall height 

shall not be greater than 10 feet for 

more than 6 hours. The 10 foot drop 

height shall be achieved as 

expeditiously as possible 

Title I Condition: State 

Implementation Plan for 

PM10 (for EU026) 

Particulate Matter < 10 micron: less 

than or equal to 15.1 lbs/hour (PTE 

is 11.37 lb/hr) 

Operate heater to minimize generation 

of fugitive dust. 

Title I Condition: State 

Implementation Plan for 

PM10 (for EU026) 

none Moisture Content: greater than or equal 

to 2% leaving the heater. Test at the 

beginning of each winter season, when 

operating. Complete testing until three 

consecutive tests at the stationary source 

location show moisture contents of 

greater than or equal to 2% after which 

testing is no longer required until the 

next winter season. 

Minn. R. 7011.0710, 

subp. 1(B) Minn. R. 

7011.0105 (for GP001) 

Opacity: less than or equal to 20 

percent opacity shall be permissible 

for four minutes in any 60-minute 

period and 40 percent opacity shall 

be permissible for four additional 

minutes in any 60-minute period 

Opacity: less than or equal to 20 percent 

opacity except for one six-minute period 

per hour of not more than 33 percent 

opacity. 

Minn. R. 7011.0715, 

subp. 1(B) & Minn. R. 

7011.0110 (for GP002) 

Opacity: less than or equal to 20 

percent opacity 

Opacity: less than or equal to 20 percent 

opacity 

Note: Other Title I Conditions are being added to the permit to replace those represented in the AO. 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 5 of 7 

Date: 4/24/2009 

3.1 Periodic Monitoring

In accordance with the Clean Air Act, it is the responsibility of the owner or operator of a facility 

to have sufficient knowledge of the facility to certify that the facility is in compliance with all 

applicable requirements. 

In evaluating the monitoring included in the permit, the MPCA considers the following: 

• The likelihood of violating the applicable requirements; 

• Whether add-on controls are necessary to meet the emission limits; 

• The variability of emissions over time; 

• The type of monitoring, process, maintenance, or control equipment data already 

available for the emission unit; 

• The technical and economic feasibility of possible periodic monitoring methods; and 

• The kind of monitoring found on similar units elsewhere. 

Table 5 summarizes the periodic monitoring requirements for those emission units for which the 

monitoring required by the applicable requirement is nonexistent or inadequate. 

Table 5. Periodic Monitoring 

EU Requirement (basis) Additional 

Monitoring 

Discussion 

EU026 Title I Condition: 

State Implementation 

Plan for PM10 

Recordkeeping: 

Daily burner 

operation time, 

fuel use, 

material heated 

Requirements referenced by the facility permit for 

the State Implementation Plan (SIP) for PM10 rather 

than the administrative order. 

3.2 Permit Organization

In general, the permit meets the MPCA Delta Guidance for ordering and grouping of 

requirements. One area where this permit deviates slightly from Delta guidance is in the use of 

appendices. While appendices are fully enforceable parts of the permit, in general, any 

requirement that the MPCA thinks should be tracked (e.g., limits, submittals, etc.), should be in 

Table A or B. The main reason is that the appendices are word processing sections and are not 

part of the tracking system. Violation of the appendices can be enforced, but the computer 

system will not automatically generate the necessary enforcement notices or documents. Staff 

must generate these. 

3.3 Comments Received 

Public Notice Period: March 22, 2009 – April 20, 2009 

No comments were received from the public or from EPA during the public notice period. No 

changes to the permit were made, however the potential-to-emit (PTE) calculations for the heater 

(EU026) were corrected to 1560 hours/year rather than 8760 hours. This correction was made to 
Technical Support Document, Permit Action Number: 12300007 - 002 

Page 6 of 7 

Date: 4/24/2009 

the attached calculation spreadsheets and the facility description. Since there is no control 

equipment associated with the heater, the uncontrolled and controlled PTE in the spreadsheet are 

equal. The unrestricted PTE in the facility description however is based on 8760 hours/year and 

the limited PTE is based on 1560 hours/year. 

4. Conclusion

Based on the information provided by Aggregate Industries Inc. Yard A Facility, the MPCA has 

reasonable assurance that the proposed operation of the emission facility, as described in the Air 

Emission Permit No. 12300007-002 and this TSD, will not cause or contribute to a violation of 

applicable federal regulations and Minnesota Rules. 

Staff Members on Permit Team: Tarik Hanafy (permit writer/engineer) 

Brent Rohne (enforcement) 

Catherine Neuschler (SIP) 

Chris Buntjer (peer reviewer) 

AQ File No. 54D; DQ 1641 

Attachments: 1. Facility Description and CD-01 Forms 

 2. Revised Emissions Calculations 

 3. Amendment Findings and Order to J.L. Shiely Company 
 

Attachment 3: Permit No. 12300055-004; Title I SIP conditions only 

Permit Applications Table

Permit Type Application Date Permit 

Action 

Total Facility Operating Permit 1/31/96 updated 2005 001

Major Amendment 9/4/07 002 
TABLE OF CONTENTS 

Notice to the Permittee 

Permit Shield 

Facility Description 

Amendment Description

Table A: Limits and Other Requirements 

Table B: Submittals 

Appendix: Weather Summary Criteria 
NOTICE TO THE PERMITTEE: 

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

Agency’s (MPCA) solid waste, hazardous waste, and water quality programs. If you wish to 

obtain information on these programs, including information on obtaining any required permits, 

please contact the Minnesota Pollution Control Agency (MPCA) general information number at: 

 Metro Area 651-296-6300 

 

 Outside Metro Area 1-800-657-3864 

 TTY 651-282-5332 

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

may be sent to: Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, 

Minnesota 55155-4194. 

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

the telephone numbers and address listed above. 

PERMIT SHIELD:

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

shall be deemed compliance with the specific provision of the applicable requirement identified 

in the permit as the basis of each condition. Subject to the limitations of Minn. R. 7007.1800 and 

7017.0100, subp. 2, notwithstanding the conditions of this permit specifying compliance 

practices for applicable requirements, any person (including the Permittee) may also use other 

credible evidence to establish compliance or noncompliance with applicable requirements. 

FACILITY DESCRIPTION: 

The facility is an aggregate distribution and storage facility. It receives aggregate by barge, 

unloads it, and conveys it to one of several storage piles based on size and material type. The 

aggregate is stored until it is loaded to truck for off-site transport. The facility operates a natural 

gas-fired aggregate heater that is used between November and April to reduce moisture content 

and make some materials more easily conveyed. The primary emissions from the facility are 

Particulate Matter and Particulate Matter smaller than 10 mincrons (PM10) from the process 

equipment, as well as fugitive emissions from the stockpiles and unpaved roads. Permit 

action -001 incorporated the applicable Administrative Order (State Implementation Plan) 

requirements. 

AMENDMENT DESCRIPTION (Major Amendment -002):

This major amendment will clarify a Title I Condition regarding a SIP for PM10 originating from 

an Administrative Order for the facility issued August 25, 1992. This amendment will also 

update the permit language for the aggregate heater (EU026) and update opacity limits for 

GP001 and GP002. SV001 is being removed from the facility description. Total facility permit 

language was updated to meet current MPCA policy. 
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-1

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

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

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

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

requirements.

Subject Item: Total Facility

What to do Why to do it

SOURCE-SPECIFIC REQUIREMENTS hdr

SIP REQUIREMENTS hdr

Activities Not Requiring A Modification To The SIP: The Permittee is authorized to

make changes to the facility without obtaining a modification to the SIP as long as

the change does not increase from any emission point, the PM10 emission rates

(either lb/hr or gr/dscf) or overall PM10 emissions.

As noted in Part II of the Order, the Permittee may undertake certain changes to

the facility without obtaining a modification of the Order. However, if the Permittee

does make such a change, and if the change in any way affects PM10 emissions

(reduces the amount or changes the concentration, size, character, velocity,

direction, or location of PM10 emissions) the Permittee shall notify the AQD

Manager in writing at least 30 days prior to undertaking the change. The notification

shall describe the change and why it does not require a modification of the SIP.

The Permittee must also obtain a permit amendment if required by state or federal

law.

Title I Condition: State Implementation Plan for PM10
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-2

Activities Requiring A Modification To The SIP: Activities that require a modification

to the SIP prior to the Permittee commencing the activity include, but are not limited

to:

1. any decrease in stack emissions exit velocity;

2. any decrease in the exit point heat content of stack emissions; or

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

structural dimensions.

4. any changes in operations that increase potential PM10 emissions.

Title I Condition: State Implementation Plan for PM10

The Permittee shall demonstrate compliance with applicable conditions of the

PM10 SIP, Minnesota and federal statutes, federal regulations and Minnesota rules

by the following methods: visually observing the opacity from emission units with

opacity limits, in accordance with the testing procedures of 40 CFR pt. 60,

Appendix A, Method 9 as amended in Minn. R. 7005.1860, subp. 7. These records

shall be made available when requested by MPCA or EPA.

Title I Condition: State Implementation Plan for PM10

Required Records: The following records must be retained at the facility:

a. monitoring, testing and other records;

b. PM10 emissions and operations records;

c. startup, shutdown, bypass and breakdown records;

d. excess emissions and noncompliance with operational requirements records

Title I Condition: State Implementation Plan for PM10

Permanent Recordkeeping: The Permittee shall permanently maintain the following

records:

a. Design, Construction and Operation Information. The Permittee shall maintain a

file or files of information on the design, construction and operation of each

emission source, fuel system, stack, structures pertinent to modeling for

downwash, and any other information required to conduct PM10 ambient air quality

modeling. The file or files shall include all information required to demonstrate that

the equipment identified in this permit is installed and operated as described. If the

Permittee makes changes or modifications that do not require amendments to this

permit, the file or files shall include a description of that change or modification and

all information required to demonstrate that the change or modification did not

require a permit amendment.

Title I Condition: State Implementation Plan for PM10

Permanent Recordkeeping (continued):

b. PM10 Emission and Operational Requirement Compliance Demonstration Plans.

The Permittee shall maintain a file at the facility which includes this permit and all

attachments or items incorporated by reference, and any plans which upon

approval by the MPCA or EPA become integral and enforceable parts of this

permit.

Title I Condition: State Implementation Plan for PM10

(continued from above)

Recordkeeping: Retain all records at the stationary source and/or corporate office

from the date of monitoring, sample, measurement, or report. Records which must

be retained at these locations include all calibration and maintenance records, all

original recordings for continuous monitoring instrumentation, and copies of all

reports required by this permit. Records are required to be retained at the stationary

source for 1 year with the remaining records stored at the corporate office for a

minimum of six (6) years. Records must conform to the requirements listed in Minn.

R. 7007.0800, subp. 5(A) unless otherwise noted.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Shutdown Notifications: Notify the Commissioner at least 24 hours in advance of a

planned shutdown of any control equipment or process equipment if the shutdown

would cause any increase in the emissions of PM10. At the time of the notification,

the company shall notify the Commissioner of the cause of the shutdown and the

estimated duration. The owner or operator shall notify the Commissioner when the

shutdown is over.

Title I Condition: State Implementation Plan for PM10

Breakdown Notifications: Notify the Commissioner within 24 hours of a breakdown

of more than one hour duration of any control equipment or a breakdown of

process equipment if the process equipment breakdown causes any increase in the

emissions of PM10. The 24-hour time period starts when the breakdown was

discovered or reasonably should have been discovered by the owner or operator.

The owner or operator shall notify the Commissioner when the breakdown is over.

Title I Condition: State Implementation Plan for PM10

Performance Test Notifications and Submittals:

Performance Tests are due as outlined in Tables A and B of the permit. See Table

B for additional testing requirements.

Performance Test Notification (written): due 30 days before each Performance Test

Performance Test Plan: due 30 days before each Performance Test

Performance Test Pre-test Meeting: due 7 days before each Performance Test

Performance Test Report: due 45 days after each Performance Test

Performance Test Report - Microfiche Copy: due 105 days after each Performance

Test

The Notification, Test Plan, and Test Report may be submitted in alternative format

as allowed by Minn. R. 7017.2018.

Title I Condition: State Implementation Plan for PM10;

Minn. Rs. 7017.2030, subp. 1-4, 7017.2018 and Minn.

R. 7017.2035, subp. 1-2
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-3

Annual Reports: The Permittee shall submit to the MPCA once each calendar year,

a report that contains the following information: a record of data used in calculating

PM10 emissions, and calculations of the PM10 emissions; each startup, shutdown,

bypass and breakdown of process and control equipment; and a summary record

of excess PM10 emissions, opacity exceedances, hours of operation exceedances

and noncompliance with operational requirements (or the Permittee shall state if no

exceedances or noncompliance conditions occurred in the year).

Annual reports shall be postmarked or delivered within 60 days following the end of

each calendar year.

Title I Condition: State Implementation Plan for PM10

The Permittee shall conduct maintenance as necessary to ensure that all

equipment is in proper operating condition.

Title I Condition: State Implementation Plan for PM10

OPERATIONAL REQUIREMENTS hdr

Fugitive Emissions: Do not cause or permit the handling, use, transporting, or

storage of any material in a manner which may allow avoidable amounts of

particulate matter to become airborne. Comply with all other requirements listed in

Minn. R. 7011.0150.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7011.0150

PERFORMANCE TESTING hdr

RECORDKEEPING hdr

REPORTING/SUBMITTALS hdr
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-7

Subject Item: GP 003 SIP Requirements - Storage Piles

Associated Items: FS 001 Stock Piles Sand, Gravel & Limestone Products

FS 002 Stock Piles Sand, Gravel & Limestone Products

FS 003 Stock Piles Sand, Gravel & Limestone Products

FS 004 Stock Piles Sand, Gravel & Limestone Products

FS 005 Stock Piles Sand, Gravel & Limestone Products

FS 006 Stock Piles Sand, Gravel & Limestone Products

FS 007 Stock Piles Sand, Gravel & Limestone Products

FS 008 Stock Piles Sand, Gravel & Limestone Products

FS 009 Stock Piles Sand, Gravel & Limestone Products

FS 010 Stock Piles Sand, Gravel & Limestone Products

FS 011 Stock Piles Sand, Gravel & Limestone Products

FS 012 Stock Piles Sand, Gravel & Limestone Products

FS 013 Stock Piles Sand, Gravel & Limestone Products

FS 014 Stock Piles Sand, Gravel & Limestone Products

FS 015 Stock Piles Sand, Gravel & Limestone Products

FS 016 Stock Piles Sand, Gravel & Limestone Products

FS 017 Stock Piles Sand, Gravel & Limestone Products

FS 018 Stock Piles Sand, Gravel & Limestone Products

What to do Why to do it

Operations: Do not operate the product pile conveyors unless the free fall height

from the conveyor belt to the product pile is 10 feet or less after the product pile is

established. The free fall height shall not be greater than 10 feet for more than 6

hours. The 10 foot drop height shall be achieved as expeditiously as possible.

Title I Condition: State Implementation Plan for PM10

If the steady wind speed exceeds 30 miles per hour, or when wind gusts exceed 45

miles per hour, then the operation of the radial stacker equipment shall be confined

to the downwind side of the pile.

Title I Condition: State Implementation Plan for PM10
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-8

Subject Item: EU 026 Heater

What to do Why to do it

Operation: Operate the aggregate heater only during the months of November

through April. Do not operate this unit on Sundays during the months of November

through April. Operate this unit for not more than 10 hours each day that the unit is

allowed to operate. Notwithstanding the previous sentence, the unit shall be

operated in a manner that prevents the actual total hours of operation from

exceeding 16 hours in any 24-hour period from Monday through Saturday in the

months of November through April.

Title I Condition: State Implementation Plan for PM10

Recordkeeping: Record the following data daily:

a. Burner startup and shutdown time to the minute with each burn recorded

separately;

b. Fuel consumption;

c. Approximate amount of material in tons heated by the unit operator; and

d. Actual amount of heated materials in tons established based on daily sales

records.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Recordkeeping: For each month by the 15th of the following month, summarize the

daily data listed above.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

Operate heater to minimize generation of fugitive dust. Title I Condition State Implementation Plan for PM10

Moisture Content: greater than or equal to 2 percent leaving the heater. Test at the

beginning of each winter season, when operating. Complete testing until three

consecutive tests at the stationary source location show moisture contents of

greater than 2% after which testing is no longer required until the next winter

season.

Title I Condition: State Implementation Plan for PM10

Opacity: less than or equal to 20 percent opacity , this is more stringent than the

limit cited in Minn. R. 7011.0610, subp. 1(A)(2).

Title I Condition: State Implementation Plan for PM10
TABLE A: LIMITS AND OTHER REQUIREMENTS 04/23/09

Aggregate Industries Inc - Yard A

12300007 - 002

Facility Name:

Permit Number:

A-9

Subject Item: FS 019 Haul Roads

What to do Why to do it

Water unpaved roads located within the property boundaries of the facility.

Watering shall be subject to the following conditions:

a. Water application rate shall be at least 0.03 gallons for each square foot at least

once every 24 hours.

b. 0.1 inch or more rainfall during the past 24 hours shall substitute for one daily

water application. This shall be measured either by National Weather Service (St.

Paul/Holman Field) data or an on-site rain gauge.

c. Water application shall not be required when there is snow cover or the ground is

frozen.

d. Water application shall not be required when there is no traffic on the roads.

e. Following any day when water is not applied based on absence of traffic, water

shall be applied within 3 hours of the recommencement of traffic.

Title I Condition: State Implementation Plan for PM10

Recordkeeping (unpaved roads): Maintain a daily log which shall include the

following information:

a. which roads were watered;

b. date and time of watering;

c. quantity of water used;

d. method of application for each application;

e. water tank size, total area of roads to be watered and number of fills necessary

to accomplish the required application rate;

f. records of watering equipment breakdowns and repairs.

If water was not applied because the facility was not in operation, there was no

traffic on the roads, was frozen or snow covered, or there was rainfall, the log shall

note the reason for no watering. The method of rainfall measurement shall be

either National Weather Service (St. Paul/Holman Field) data or an on-site rain

gauge.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A

To eliminate track-out of mud onto the paved roads, wash the entire concrete exit

driveway at least twice per day in non-frozen conditions. These washings shall be

recorded in the road watering log.

Title I Condition: State Implementation Plan for PM10

High pressure wash the paved surface of Childs Road (to the side gutters) in front

of the facility at least once per day when trucks are hauling from the facility. The

washing shall be conducted in both directions to the extent that track-out of

sediment from the facility can be seen on Childs Road.

Title I Condition: State Implementation Plan for PM10

Recordkeeping (paved roads): Maintain a daily log which shall state the date and

time of washing. If water was not applied because trucks were not hauling, the log

shall note the reason for no watering.

Title I Condition: State Implementation Plan for PM10;

Minn. R. 7007.0800, subp. 5A
 

Attachment 4: Marked Up Findings and Order 
1
Summary of Comments on JL_Shiely Order.pdf

Page: 2

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:19:51 PM -06'00'

This limit has been removed, as the aggregate heater has been replaced and no longer has an associated stack. Therefore, there would be no method of complying with the 

limit. The change in fuel type makes the limit obsolete
1

2

3
Page: 3

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:22:43 PM -06'00'

All emission units are still subject to opacity limits that are derived from Minnesota's SIP-approved opacity rules and have become more stringent since this Order was written. 

The limits were NOT cited as Title SIP conditions on most emission units because the original limitation basis did not show that they were necessary to maintain NAAQS 

compliance.

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:20:17 PM -06'00'

This has been retained as a Title I SIP Condition on EU026.

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:23:00 PM -06'00'

Limitation maintained on EU026
1

2

3

4

5

6

7
Page: 4

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:23:48 PM -06'00'

These requirement were maintained, on page A9 of the joint document for FS 019.

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:24:50 PM -06'00'

This was modified slightly to clarify that water is not required when the ground is frozen or there is snow cover.

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:25:05 PM -06'00'

These requirement were maintained, on page A9 of the joint document for FS 019.

Number: 4 Author: cneusch Subject: Cross-Out Date: 2/20/2009 1:25:18 PM -06'00'

Number: 5 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:25:34 PM -06'00'

Changed in later amendment

Number: 6 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:26:23 PM -06'00'

Requirement is on GP003, page A7. Requirement was modified slightly to clarify that this takes effect once the product pile is established.

Number: 7 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:26:41 PM -06'00'

Continued for GP003, page A7
1

2

3

4
Page: 5

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:27:09 PM -06'00'

Compliance testing completed.

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:29:36 PM -06'00'

Any exceedances of the opacity limitations are required to be reported in the SIP Annual Report requirement shown on Page A2.

Number: 3 Author: cneusch Subject: Highlight Date: 4/21/2009 12:15:00 PM 

Number: 4 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:30:12 PM -06'00'

Maintained under "Activities not Requiring a Modification to the SIP" on page A-1
1

2

3
Page: 6

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:30:43 PM -06'00'

Maintained under "Activities not Requiring a Modification to the SIP" on page A-1

Number: 2 Author: cneusch Subject: Highlight Date: 4/21/2009 12:15:22 PM 

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:32:37 PM -06'00'

This condition was not included because the area did attain the PM10 NAAQS by the specified date.
1

2
Page: 7

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:37:10 PM -06'00'

Page A2

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:37:43 PM -06'00'

page A2
1

2

3

4
Page: 8

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:38:24 PM -06'00'

Page A9, FS 019

Number: 2 Author: cneusch Subject: Highlight Date: 4/21/2009 12:15:41 PM 

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:39:19 PM -06'00'

Page A2

Number: 4 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:39:49 PM -06'00'

Page A2
1

2

3
Page: 9

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:39:46 PM -06'00'

Page A2

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:40:20 PM -06'00'

Required under Minnesota's general SIP-approved compliance and enforcement rules.

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:40:41 PM -06'00'

page A2
1
Page: 10

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:41:34 PM -06'00'

Page A2
1

2

3
Page: 11

Number: 1 Author: cneusch Subject: Highlight Date: 2/20/2009 1:42:11 PM -06'00'

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:42:55 PM -06'00'

Page A2

Number: 3 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:43:16 PM -06'00'

Page A2
1

2
Page: 12

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:44:01 PM -06'00'

Page A1, Activities Requiring a Modification to the SIP.

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:44:27 PM -06'00'

No longer relevant. Offset rule approved.



Summary of Comments on JL_Shiely_Am2.pdf

This page contains no comments
1

2
Page: 2

Number: 1 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:51:36 PM -06'00'

Page A9, FS 019

Number: 2 Author: cneusch Subject: Sticky Note Date: 2/20/2009 1:51:44 PM -06'00'

Page A2
STATE OF MINNESOTA 

MINNESOTA POLLUTION CONTROL AGENCY 

In the Matter of J. L. Shiely Company 

Proceedings to Develop AMENDMENT THREE 

and Implement a State Implementation TO AMENDED 

Plan for the Ramsey County PM- 10 FINDINGS 

Nonattainment Area to Demonstrate, AND ORDER 

Attain and Maintain Compliance with the 

National Ambient Air Quality Standards 

for particulate matter as Required by Sections 

1 10,172 and 189 of the Clean Air Act, 

42 U.S.C. $9 7410,7502 and 7513a 

The Minnesota Pollution Control Agency (MPCA), being fully advised in the premises 

and with the consent of J.L Shiely Company, hereby adopts this Amendment Three to the 

Amended Findings and Order (hereinafter Original Order) that was issued to J.L Shiely 

Company on August 25, 1992. The Original Order was issued to J.L Shiely Company 

and is part of Minnesota's State Implementation Plan (SIP) to control emissions of 

particulate matter in Ramsey County. The SIP, including the Original Order, has been 

approved by the U.S. Environmental Protection Agency (EPA). Amendment One to the 

Original Order was submitted to EPA on March 9, 1994. Amendment Two to the 

Original Order was submitted to EPA on December 22, 1994. The MPCA intends to 

submit this Amendment Three to the EPA for approval as part of the SIP. 

In making the changes, underline denotes additions and strikethrough denotes deletions to 

the original language. 
1. Amendment Three authorizes the following revision tocPart I.A.2. of the Original 

Order: 

Part I.A.2.: 

The Company shall not exceed the opacity limits as specified in the table below: 

Emission 

Point Nos. Emission Limit Limitation Basis 

4-4 20% opacity; except that a maximum of Min.. Rules pt. WE.! ! 19 

3-4 40% opacity shall be permissible for four 701 1 .0105 

minutes in any 60 minute period 

5 20% opacity Minn. SIP modeled PM 10 

ambient air standard 

compliance 

W-4 20% opacity; except that a maximum of Minn. Rules pt. 3885.1 ! 13 

6-9. 12-14, 40% opacity shall be permissible for four 7- 

minutes in any 60 minute period 

15,16 20% opacity Minn. 

m 

Rules pt. 388W 

17 20% opacity; except that a maximum of Minn. Rules pt. X5. ! ! ! 9 

40% opacity shall be permissible for four 701 1.0105 

minutes in any 60 minute period 

18 20% opacity Minn. Rules pt. 3885.: 128 

7011.0110 

19 20% opacity; except that a maximum of Minn. Rules pt. 7-W40% opacity shall be permissible for four 701 1.0105 

minutes in any 60 minute period 
2. Amendment Three authorizes the following revision to the table in Part I.B. of the 

Original Order: 

Compliance 

Emission Determination Minimum Testing 

Point Pollutant Method Frequency Procedures 

5 PMlO [no change] [no change] [no change] 

1 through 19 

3-9.12-22 Opacity [no change] [no change] [no change] 

3. Amendment Three authorizes revisions to Exhibit 1 of the Original Order as 

Attachment 1 to this Amendment Three. 

Amendment Three shall become effective on the date it is executed by the MPCA Air 

Quality Division Manager. Except as expressly amended herein, all provisions of the 

Original Order and Amendment One remain unchanged and in fdl force and effect. 

IT IS SO ORDERED BY THE MINNESOTA POLLUTION CONTROL AGENCY: 

8 

9. 

Lisa 3'. Tho& Y 4 

Air Quality bivision Manager 

, Minnesota Pollution Control Agency 

Date: 2/11/45 

I 
ATTACHMENT 1 

Exhibit 1 

Facility Description 

I. Overview 

J.1. Shiely Company operates an aggregate storage and distribution facility (Yard A) on 

Chile Road in St. Paul. Aggresate fiom the Permittee's Nelson and Larson facilities is 

transported by barge to this yard. 

Yard A is not subject to any New Source Performance Standards (NSPS) under 40 CFR . . 

Part 60, Subpart 000. Yard A is not defined as a "nonmetallic mineral proc~ssing plant" 

under 40 CFR Part 60, Subpart 000 60.671 since there is no equipment to perform 

crushing or grinding. . 

11. Emission Units and Pollution Control Equipment 

The emission units, air pollution control equipment and monitoring equipment at the , 

.- emission facility described above include the following: 
Emission Point No. 3 ' Facility I. D. Conveying to Product Piles 

Emission Unit- Type: Belt conveyor 

Mfi.: Barber Green 

Date Manufactured: 1958 

Date Installed: 1958 

Size: 24 inches wide x 127 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 4 Facility I. D. Conveying to Product Piles 

Emission Unit- - Type: Radial stacker 

M.: Barber Green 

Date Manufactured: 195 8 

Date Installed: 1958 

Size: 24 inches wide x 150 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 5 Facility I. D. Aggregate Heater 

. Emission Unit- Type: Rotary heater 

Mfi.: Madsen 

Date Manufactured: 1958 

Date Installed: 1958 

Model: 25048 

Fuel Permitted to Burn: No. 1 diesel 

Rated Heat Input: 6 million Btuh 
Control Equipment- Type: 

Mi?.: 

Model: 

Monitoring Equipment- Type: 

Stack Parameters- Height: 

Inside Exit Diameter: 

Exhaust Gas Flow Rate: 

Exhaust Gas Exit Temperature: 

Cyclone 

Iowa Manufacturing Company 

CH-80A 

None 

30 feet 

2 feet 

15,000 acfm 

200°F 

Emission Point No. 6 Facility I. D. Conveying to Loadout Bins 

Emission Unit- Type: Belt conveyor 

M.: J.L. Shiely Company 

Date Manufactured: 1958 

Date Installed: 1958 

Size: 24 inches wide x 23 1 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 7 Facility I. D. Conveying to Loadout Bins 

Emission Unit- Type: Belt conveyor 

M.: J.L. Shiely Company 

Date Manufactured: 1958 

Date Installed: 1958 

Size: 24 inches wide x 217 feet long 

, 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 
Emission Point No. 8 Facility I. D. Conveying to Loadout Bins 

Emission Unit- Type: Belt conveyor 

Mfr.: J. L. Shiely Company 

Date Manufactured: 1958 

Date Installed: 1958 

Size: 24 inches wide x 300 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 9 Facility I. D. Loadout Bins 

Emission Unit- Type: Three steel bins 

Mfk.: J. L. Shiely Company 

Date Manufactured: 1 95 8 

Date Installed: 1 958 

Model: 80 ton capacity per bin 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 
Emission Point No. 12 Facility I. D. Conveying to Product Piles 

Emission Unit- Type: Belt conveyor 

Mfr.: Barber Green 

Date Manufactured: 1 95 8 

Date Installed: 1958 

Size: 24 inches wide x 127 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: N/A 

Emission Point No. 13 Facility I. D. Conveying to Product Piles 

Emission Unit- Type: Radial stacker 

Mfi.: Barber Green 

Date Manufactured: 1958 r 

Date Installed: 1958 

Size: 24incheswidex150feetlong 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: N/A 
Emission Point No. 14 Facility I. D. Conveying to Loadout Bins 

- Emission Unit- Type: Belt conveyor 

m.: J. L. Shiely Company 

Date Manufactured: 1958 

Date Installed: 195 8 

Size: 36 inches wide x 165 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 15 .Facility I. D. Conveying to Loadout Bins 

Emission Unit- Type: Belt conveyor 

Mfi.: J. L. Shiely Company 

Date Manufactured: 1 988 

Date Installed: 1988 

Size: 36 inches wide x 225 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 16 Facility I. D. Conveying to Loadout Bins 

Emission Unit- Type: Belt conveyor 

Mfi.: Marco 

Date Manufactured: 1 988 

DateInstalled: 1988 

Size: 3 6 inches wide x 1 50 feet long 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: N/A 
- 

Emission Point No. 1'7 Facility I. D. Loadout Bins 

Emission Unit- Type: Steel bin 

M.: J. L. Shiely Company 

Date Manufactured: 1958 

Date Installed: 1958 

Model: 80 ton capacity 

Size: 10 foot diameter 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

- Stack Parameters- Height: NIA 

Emission Point No. 18 Facility I. D. Loadout Bins 

Emission Unit- Type: Steel bin 

M.: MSM Charter 

Date Manufactured: 1988 

Date Installed: 1988 

Model: 100 ton capacity 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: NIA 

Emission Point No. 19 Facility I. D. Barge Unloading 

Emission Unit- Type: Crawler Crane 

M.: American 

Date Manufactured: 195 8 

Date Installed: 195 8 

Model: 7250L#65 15562 

Control Equipment- Type: None 

Monitoring Equipment- Type: None 

Stack Parameters- Height: N/A 
Emission Point No. 20 . . acilitv I. D. Hw 

Tne: 

MXt!q2my 

ufactured: 1995 

Date Installed: A~prox. April. 1995 

Model: YAHI 

Capacity: 700 tons horn 

Tee: None 

Stack Pmeters- Height: N/A 

. . . . mlsslon Point No. 21 acilitv I. D. Directional Convevor 

TF~: Relt Conveyor 

. . Su~erior 

Date Manufactured: Unknown 

Model: YAI 

700 tons per how 

Monito- Eauaent- Tv~e: None 

Parameters- Height: N/A 

22 . . Emission Point No. acihtv I. D. D~esel Backhoe 

. 

Mfr. : CAT , 

DateInstalled: 

ufactured: 1995 

A~nl 1995 

Model: 244 BT 

Fuel Burned: Diesel fuel 

Type: None 

None 

Stack Parameters- Heigbt: NIA 
 

Attachment 5: Revocation of Findings and Order 
STATE OF MINNESOTA 

MINNESOTA POLLUTION CONTROL AGENCY 

In the Matter ofJ. L. Shiely Company 

Proceedings to Develop and Implement REVOCAnON OF 

a State Implementation Plan for the AMENDED FINDINGS 

Ramsey County PM-10 Maintenance AND ORDER 

Area to Demonstrate, Attain and 

Maintain Compliance with the National 

Ambient Air Quality Standards for 

PMIO as required by Sections 110, 172, 

and 189 ofthe Clean Air Act, 42 

U.S.c. § § 7410, 7502, and 7513a. 

Whereas, the Amended Findings and Order (hereinafter Order) was issued to IL. Shiely Company 

located at 1177 Childs Road in Saint Paul, Ramsey County, on August 25, 1992 and subsequently 

amended on January 12, 1994, December 21, 1994, and February 21, 1995; 

Whereas the Order and subsequent amendments were approved by the U.S. Environmental 

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

emissions ofparticulate matter (PM\o) in Ramsey County; 

Whereas Aggregate Industries now owns and operates the facility at 1177 Childs Road; 

Whereas Aggregate Industries was issued an air quality permit (Air Emission Permit No. 12300007-

002) on April 23, 2009, which includes and identifies those Title I SIP conditions that are included in 

the Order; 

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

unnecessary and duplicative; 

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

amendments issued to J.L. Shiely Company (now Aggregate Industries) 

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

12300007-002 into Minnesota's State Implementation Plan and removes the Order from the SIP. All 

conditions ofthe Order remain federally enforceable until Air Emission Permit No. 12300007-002 

into the SIP. 

IT IS SO ORDERED BY THE MINNESOTA POLLUTION CONTROL AGENCY: 

Dated: S J I S I 01 

Paul Eger 

Commissioner 

Minnesota Pollution Control Agency 
 

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. 12300007-002 to Aggregate Industries Inc - Yard A 

for their facility located at 1177 Childs Rd, St. Paul, Ramsey 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 Aggregate Industries, Inc. – Yard A, that are included in an Administrative Order 

(Order) issued to the facility (then known as J.L. Shiely Company) in 1992 and subsequently amended. 

The Order is included in Minnesota’s SIP and contains conditions that are necessary to demonstrate 

compliance with the National Ambient Air Quality Standards (NAAQS) for particulate matter less than 

10 microns (PM10). 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 revised Title I SIP conditions from Air Emissions Permit No. 12300007-002, which will 

serve as a joint Title I SIP/FESOP document. These Title I Conditions do not expire. 

1) Proposed Permit 

The permit action is for operation of the facility. The permit action is a major amendment to a state 

operating permit; therefore, the draft/proposed permit has been placed on public notice. 

This major amendment will clarify a Title I Condition regarding a State Implementation Plan (SIP) for 

PM10 originating from an Administrative Order for the facility issued August 25, 1992. This amendment 

will also update permit language for the aggregate heater (EU026) and also update opacity limits for 

GP001 and GP002. SV001 is being removed from the facility description. Total facility permit language 

is being updated to meet current MPCA policy. 

There are no emissions increases of any criteria pollutants associated with this major amendment. 

Pollutant PM PM10 PM2.5 SO2 NOX VOCs CO Lead 

Total Facility PTE 83* 42* NA 0.04 6.9 0.4 5.8 0 

Facility Emissions 

(2008) 

32.34 11.96 NA 0 0.06 0 0.05 0 

 PM = Particulate Matter PM10 = PM smaller than 10 microns 

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

NOX = Nitrogen Oxides VOCs = Volatile Organic Compounds 

 CO = Carbon Monoxide *: Totals do not include fugitives 

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

Stat. § 115D.08. 

2) Proposed SIP Changes 

This permit incorporates Title I requirements for Aggregate Industries that are currently included in an 

Order issued to J.L. Shiely Company that is part of Minnesota’s SIP. This SIP revision is intended to 

update the ownership of the facility in the SIP and replace the Order by incorporating all applicable 

requirements into this permit, which will serve as a joint Title I/FESOP document. This SIP revision also 

requests changes to the requirements for the aggregate heater (EU026) and generally updates the facility 

in the SIP. 

Aggregate Industries is located in a maintenance area for PM10. The MPCA believes that the changes 

proposed in this notice will not have an adverse impact on compliance with the NAAQS for this pollutant. 
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 March 22, 2009, and terminates April 20, 2009. Comments must 

be received in writing at the MPCA by 4:30 p.m. on April 20, 2009. The request that the MPCA hold a 

public information meeting must be received in writing at the MPCA by 4:30 p.m. April 20, 2009. 

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 support staff, or 

receipt by fax. 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. 7007.1800. 

A public information meeting will only be held if one is requested during the public comment period. If 

such a meeting is requested, it will be held from 3:00 p.m. to 4:00 p.m. on Thursday, April 23, 2009, at 

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

meeting will be held, please call Catherine Neuschler at 651-757-2607, after the close of the public 

comment period. The public information meeting will provide information, receive public input, and 

answer questions about both the proposed permit and SIP revision. 
Comments, requests, and petitions should be sent to: 

Permit: Tarik Hanafy, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, 

Minnesota 55155, Phone 651-757-2404, Fax 651-296-8717 

SIP Revision: Catherine Neuschler, Minnesota Pollution Control Agency, 520 Lafayette Road North, 

St. Paul, Minnesota 55155, Phone 651-757-2607, Fax 651-297-8324 

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 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 651-757-2404, 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: March 12, 2009 

 

 Don Smith, P.E., Manager 

 Air Quality Permits Section 

 Industrial Division 
Attachment 7: Completeness Review 

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

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

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

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

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

requirements, are discussed here: 

1) Formal Letter of Submittal: 

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

plan or revision thereof.” 

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

Commissioner, Paul Eger, to the EPA Region V Acting Administrator, Bharat Mathur. The 

office of the Commissioner of the MPCA is statutorily created at Minnesota Statute § 116.03, 

subd. 1 (a) (2000). The Commissioner is appointed by the Governor, and the duties of the 

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

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

purpose related to the power and duties of the MPCA or the Commissioner. The Commissioner 

shall comply with any and all requirements of such federal law or such rules and regulations 

promulgated thereunder to facilitate application for, receipt, and disbursement of such funds.” 

Minn. Stat. § 116.03 subd. 3 (2000). 

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

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

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

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

from the adoption/issuance date.” 

This SIP revision request is based on the Administrative Orders previously issued to the facility. 

As J.L. Shiely, the facility was issued an Administrative Order (Amended Findings and Order) to 

control PM10 emissions on August 25, 1992. The Order has been subsequently amended; the 

most recent SIP action was approval of Amendment Three, signed on February 21, 1995 and 

approved into the SIP on April 3, 1998 (63 FR 16435). 

In a letter dated June 15, 2006, EPA approved a process for placing SIP conditions in permits, 

resulting in joint Title I/permit documents, and MPCA has ensured that this permit clearly 

follows the guidance in that letter for serving as a joint document. Therefore, the joint Title 

I/permit document includes relevant SIP conditions, labeled “Title I Condition: SIP for PM10 

NAAQS.” All Title I conditions are non-expiring. Attachment 4 shows where all the relevant 

conditions from the Administrative Order were placed into the joint document. 
The permit has been subsequently amended, becoming permit No. 03700015-002, without any 

changes to the Title I SIP conditions. SIP conditions are changing in this joint document, but 

will not become effective until permit No. 03700015-004 is approved into the SIP by EPA. 

Attached to this document (Attachment 1) is a copy of the relevant permit, which became 

effective at the state level as soon as it was signed by the Commissioner. 

 

3) Legal Authority Documentation: 

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

implement the plan.” 

This SIP revision request is based on the MPCA’s PM10 SIP revision submitted to the EPA in 

1992, which contained an Administrative Order for the J.L. Shiely facility. Attachment 1 of 

Appendix C of the original July 1992 submittal documents MPCA’s legal authority to adopt 

ambient air quality standards for PM10, issue orders to sources to control their emissions, and to 

enforce those rules and orders. 

On May 2, 1995, EPA approved MPCA’s revised operating permit program as a SIP revision (60 

FR 21447). MPCA submitted the operating permit program for inclusion in the SIP in part so 

that permits issued under the program could be considered federally enforceable vehicles for 

imposing emissions limitations on culpable sources located in nonattainment areas. 

Attachment B of MPCA’s November 4, 1998 submittal of a PM10 SIP revision for Olmsted 

County (approved on March 9, 2001 in 66 FR 14087) further documents MPCA’s legal authority 

to issue, modify or revoke permits, as well as to enforce those permits. 

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

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

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

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

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

letters have been included in other recent SIP revisions. 

4) Compliance with State Procedures: 

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

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

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

revision. 

5) Public Notice: 

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

approved by the EPA, including the date of the publication of the notice.” 
The public notice for the permit and associated SIP revision was published in the St. Paul 

Pioneer Press on March 21, 2009, with the public comment period commencing on March 22, 

2009 and ending on April 20, 2009. The St. Paul Pioneer Press is a newspaper with general 

circulation in Ramsey PM10 area. During the public comment period, a copy of the permit and 

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

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

6) Public Hearing Certification 

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

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

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

during the public comment period. If such a meeting is requested, it will be held from 3:00 p.m. 

to 4:00 p.m. on April 23, 2009, at the MPCA St. Paul Office, 520 Lafayette Road North, 

Minnesota. To find out if a public meeting will be held, please call Catherine Neuschler at 651-

757-2607, after the close of the public comment period. The public information meeting will 

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

and SIP revision.” 

No public meeting was requested. 

7) Public Comments and State Response: 

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

The MPCA did not receive any comments during the public notice period for the SIP revision. 

B. Technical Support: 

1) Pollutants Regulated: 

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

The regulated pollutant subject to this SIP revision request is PM10. 

2) Source Identification 

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

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

The affected source within the former Childs Road PM10 nonattainment area is the Aggregate 

Industries Yard A facility. Further information on the facility is included in the attached 

Technical Support Document. 
3) Emissions Quantification: 

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

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

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

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

The changes in this SIP do not increase emissions from the facility (shown in the permit 

Technical Support Document). The change to the aggregate heater is likely to result in decreased 

emissions, as the new heater has a lower potential to emit but the permit maintains emission 

limitations established to ensure NAAQS compliance for a heater with higher hourly emissions. 

Further details on emissions can be found in the permit TSD, Attachment 2. 

4) NAAQS Protections: 

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

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

is approved and implemented.” 

As stated above, this SIP revision results in minimal changes. The changes are likely to result in 

decreased emissions, thereby ensuring that the NAAQS will be protected. 

5) Modeling Information 

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

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

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

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

modeling analysis.” 

Modeling was not performed due to the minimal changes in the SIP revision. 

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/permit document issued to the 

source. This document is attached as Attachment 1. 

7) Emission Level Assurance 

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

recordkeeping/requirements, where necessary, to ensure emissions levels.” 
Again, the above requirements are addressed in the permit and joint Title I/Title V document as 

shown in Attachment 1. 

8) Compliance/Enforcement 

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

practice.” 

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

in Attachment 1. 

9) Special Economic and Technological Justifications: 

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

an explanation of why such justifications are not necessary.” 

This requirement does not apply to this submittal. 

Conclusion 

The MPCA expects that the Childs Road PM10 area will continue to remain in compliance with 

the NAAQS, as this revision results in lower ambient impacts from this facility, and requests 

approval of this SIP revision.