Ohio Environmental 

Protection Agency 

John R. Kasich, Governor 

Mary Taylor, Lt. Governor 

Scott J. Nally, Director 

February 14, 2012 

Kaushal Gupta 

Air & Radiation 'Branch 

U.S.EPA, Region V 

77 W. Jackson Blvd 

Chicago, IL 60604 

Dear Mr. Gupta: 

This letter is to provide you with the information you requested on the storage tanks 

exemption in rule 3734-31-03(A)(1 )(l)(iv) of the Ohio Administrative Code (OAC). Enclosed 

for your review is a study that illustrates that as a practical matter, permanently exempting 

storage tanks with a capacity less than 19,815 gallons (75 cubic meters) from having to 

apply for and obtain a permit-to-install or PTIO as required by OAC rule 3745-31-02 for the 

installation or modification, and operation of an air contaminant source of the organic 

liquids storage tanks from permitting has no negative impact on emissions and therefore no 

impact on ambient air quality. 

Please review the enclosed documentation and let me know if you have any questions. 

Thank you for your consideration. 

Sincerely, 

Michael E. Hopkins, P.E 

Assistant Chief, Permitting 

Division of Air Pollution Control 

50 West Town Street, Suite 700 

P.O. Box 1049 

Columbus. OH 43216-1049 

614 1 644 3020 

614 1 644 3184 (fax) 

www.epa _ohio.gov 
OHIO EPA 

DIVISION OF AIR POLLUTION CONTROL 

INTER-OFFICE MEMORANDUM 

TO: Mike Hopkins, Assistant Chief, Permitting, Division of Air Pollution Control 

(DAPC), Ohio EPA 

FROM: Mike Mansour, Permitting, DAPC, Ohio EPA 

SUBJECT: Measuring the effect of the exemption in OAC rule 3745-31-3(A)(1)(1)(1V) 

on VOC emissions. 

DATE: 1/26/2012 

CC: Andrew Hall, Manager, Permitting, DAPC 

Objective: 

This project was undertaken to evaluate the impact, on volatile organic 

compound (VOC) emissions, of permanently exempting storage tanks with a 

capacity less than 19,815 gallons (75 cubic meters) from having to apply for and 

obtain a permit-to-install or PTIO as required by rule 3745-31-02 of the Ohio 

Administrative Code for the installation or modification, and operation of an air 

contaminant source. Effective as of July 29, 2005, OAC rule 3745-31-

03(A)( 1 )(l)(iv) exempts from permitting "organic liquids" storage tanks with a 

capacity less than 75 cubic meters (19,815 gallons) that are equipped with 

submerged fill except gasoline storage tanks located at bulk gasoline plants 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745-31-03(A)(1)(1)(iv) 

which are subject to the requirements of OAC rule 3745-21-09(P)1

• Please note 

that OAC rule 3745-31 -01 has no definition for "organic liquids," however; it 

defines "organic compounds" as any chemical compound containing carbon, 

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, 

metallic carbonates, ammonium carbonate, non-landfill gas methane and ethane. 

Also, OAC rule 3745-21 -07(C)(4) describes "liquid organic material" as any 

organic material which is a liquid at standard conditions, and "organic material" 

as any chemical compound containing carbon, excluding carbon monoxide, 

carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and 

ammonium carbonate. Hence, the exemption in OAC rule 3745-31-03(A)(1 )(l)(iv) 

applies (or will have applied) to all the emissions units that are (or would have 

been) subject to the following: OAC rule 3745-21-07(0) [for storage of volatile 

photochemically reactive materials2

], OAC rule 37 45-21-09(L) [for storage of 

petroleum liquids3 in fixed-roof storage tanks], OAC rule 3745-21-09(Z) [for 

storage of petroleum liquids in external floating roof tanks], and 40 CFR Part 60, 

Subpart K [applies to petroleum liquid4 storage tanks for which construction, 

reconstruction, or modification commenced after June 11, 1973, and prior to May 

19, 1978], Subpart Ka [applies to petroleum liquid4 storage tanks for which 

construction, reconstruction, or modification commenced after May 18, 1978, and 

prior to July 23, 1984], and Subpart Kb [applies to petroleum liquid4 storage tanks 

for which construction, reconstruction, or modification commenced after July 23, 

1984]. 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745-31-03CA)(1)(1)(iv) 

Data Analysis: 

A list was generated of permits (initial installations and/or Chapter 31 

modifications) issued within a year prior to the effective date of OAC rule 3745-

31-03(A)( 1 )(l)(iv) for storage tanks with a capacity of equal to or greater than 

10,000 gallons and less than 19,815 gallons. The requirements of those permits 

were examined for the purpose of measuring the effect of the aforementioned 

storage tanks exemption on the emissions of VOCs. 

The generated list included a total of 54 permits issued for organic liquids storage 

tanks as described above. There were a total of 33 storage tanks from the list of 

54 permits that, if they were to be evaluated today, would have been subject to 

the current exemption in OAC rule 37 45-31-03(A)( 1 )(l)(iv). [See Pie Chart I 

below.] 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745-31-03(A)(1)(1)(iv) 

Chart I 

All of the 33 emissions units employed submerged fill (or control measures 

equivalent to submerged fill) as specified pursuant to best available technology 

(BAT) [OAC rule 3745-31-05(A)]. The permits also established, under BAT, 

OCNOC limitations that were based on maximum throughputs [see attached 

example permit]. In three of the permits, BAT was established as only an 

OCNOC emission limitation for each, which, again, was based on the maximum 

throughput of the storage tank. The three permits, however, still required that 

submerged fill be employed. The requirement to employ submerged fill was 

established pursuant to OAC rule 3745-21-07(0) [as effective 6/15/1999] (only if 

volatile photochemically reactive materials were employed) and was not BATdriven [see attached example permits nos. 14-02058, 14-02486, and 14-02539]. 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745·31-03(A)(1)fl)(iv) 

[See Pie Chart II below.] 

Chart II 

All of the storage tanks that would have been subject to the exemption in OAC 

rule 3745-31-03(A)(1 )(l)(iv) were also exempt from having to comply with any 

additional emission limitations/control requirements, including work practices, 

specified by OAC rule 3745-21-07(0), OAC rule 3745-21-09(L), OAC rule 3745-

21-09(Z), and/or 40 CFR Part Kb [with the exception of keeping certain records5 

pursuant to 40 CFR Part 60, Subpart Kb]. 

Also, there were a total of 21 permitted emissions units that would not have been 

subject to the exemption in OAC rule 3745-31-03 because of the applicability of 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745-31·03(A)(1)(1l(iv} 

federal regulation(s) [see attached example permit]. Some of these permits 

included control requirements other than submerged fill (either as stringent as, or 

more stringent than submerged fill) or in addition to submerged fill. These 

emissions units usually do not qualify for the exemption since they are subject to 

federal requirements as specified pursuant to OAC rule 3745-31-03(A)(1)6

. For 

example, regardless of the size, the storage tanks exemption does not apply to 

emissions units subject to 40 CFR Part 61, the national emission standards for 

hazardous air pollutants (NESHAPs), or emissions units subject to 40 CFR Part 

63, the NESHAPs for source categories, MACT standards, ... etc. 

Conclusion: 

This study proves that as a practical matter, the exemption, which is applicable to 

storage tanks pursuant to OAC rule 3745-31-01(A)(1)(1)(iv), has absolutely no 

negative impact on air quality at all. As evidenced by all the permits examined, all 

of the storage tanks with a capacity less than 19,815 gallons employed 

submerged fill or equivalent as best available technology and contained no 

additional requirements (i.e., operational restrictions, emission limitations, work 

practices .. . etc.) established under BAT and/or specified by any other applicable 

OAC or federal rule cited in the permit. For all the permits examined, the only 

rules, besides BAT, that were applicable were: OAC rule 3745-21-09(L), OAC 

rule 3745-21-07(0) and/or 40 CFR Part 60, Subpart Kb, [OAC rule 3745-21-

07(0) has been rescinded and replaced by a cite-specific OAC rule 3745-21-

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 37 45·31·03{ A)( 1 )(l)(iv) 

07(K).] However, as previously stated, all the emissions units, although they were 

subject to the rules mentioned above, were exempt from any additional 

requirements aside from the requirement to employ submerged fill. OAC rules 

37 45-21-09(L) and 37 45-21 -09(Z) exempt all storage tanks with a capacity less 

than 40,000 gallons from any requirements. Additionally, OAC rule 3745-21-

07(0) also exempted storage tanks from any requirements if the organic liquids 

being stored were not considered volatile photochemically reactive materials. 

Further, OAC rule 3745-21-07(0)(2) only required submerged fill for storage 

tanks that stored volatile photochemically reactive materials and was less than 

65,000 gallons in size. In short, the exemption established for storage tanks in 

OAC rule 3745-31-03(A)(1 )(l)(iv) is as stringent as or more stringent that any 

requirements that would have been established under BAT and any of the other 

applicable rules. Therefore, no increase of VOC emissions is expected due to the 

storage tanks exemption per OAC rule 3745-31-03(A)(1 )(l)(iv). 

1 Bulk gasoline plant 

2 Volatile photochemically reactive material" means any photochemically reactive 

material which has a vapor pressure of 1.5 pounds per square inch absolute or 

greater under actual storage conditions. 

3 0AC rule 3745-21-01(E) (15) define "Petroleum liquids" to mean crude oil, 

condensate, and any finished or intermediate products manufactured or extracted in 

a petroleum refinery. [OAC rules 21-09(L) and 21-09(Z)]. 

4 40 CFR Part 60, Subpart K, Ka, or Kb define "Petroleum liquids" to mean 

petroleum, condensate, and any finished or intermediate products manufactured in a 

February 14, 2012 Ohio EPA 
Tank Exemption 

OAC rule 3745·31·03(A){1)(1)(iv) 

petroleum refinery but does not mean Nos. 2 through 6 fuel oils as specified in ASTM 

0396-78, 89, 90, 92, 96, or 98, gas turbine fuel oils Nos. 2-GT through 4-GT as 

specified in ASTM 02880-78 or 96, gas turbine fuel oils Nos. 2-GT through 4-GT as 

specified in ASTM 02880-78 or 96, or diesel fuel oils Nos. 2-0 and 4-0 as specified 

in ASTM 0975-78, 96, or 98a. (These three methods are incorporated by 

reference-see §60.17.) 

5 The permittee is only required to keep records showing the dimension of the 

storage vessel and an analysis showing the capacity of the storage vessel for the life 

of the emissions unit. 

6 The following exemptions do not apply to emissions units subject to 40 CFR Part 

61, the national emission standards for hazardous air pollutants (NESHAPs), with the 

exception of 40 CFR Part 61, Subpart M, asbestos removal activities; or emissions 

units subject to 40 CFR Part 63, the NESHAPs for source categories, MACT 

standards, unless such standard either only requires submission of a notification, 

and written notification satisfying the MACT notification requirements has been or will 

be submitted to the Ohio environmental protection agency prior to the notification 

deadline imposed by the MACT, or such standard does not impose any requirements 

(i.e., notifications, emissions limits, record keeping, etc.) to the particular emissions 

unit ; or emissions units subject to the new source performance standards (NSPS) 

with the exception of 40 CFR Part 60, Subpart AAA, residential wood heaters , 40 

CFR Part 60, Subpart 000, nonmetallic mineral processing plants, and 40 CFR Part 

60, Subpart I, hot-mix asphalt facilities. 

February 14, 2012 Ohio EPA 
List of Permits Issued In 2004 For 

Storage Tanks Which Were >= 10,000 

and <19,815 gallons In Size 
Subject to OAC rule 3745-21- BAT Subject to 

Exemption 

Permit Size Permit Effective Submerged Other OAC rule 3745-31-

Facility ID Facility Name Class EIJid EU Description (gallons) No. Fill Additional Terms 07(0} 09(L} 09(Z} Submerged Fill 

Date requirements 03 

emoloved? 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01-08386 4-Mar-04 Yes This emissions unit is subject to 40 CFR No No No Yes oc 0.19TPY Yes 

Part 60 Subpart Kb (record keeping only) 

nd BAT. 

02150203S6 HAYS OIL CO., INC. NTV T003 cylindrical, steel, diesel tank (T-4) 12,000 02-18857 18-Mar-04 Yes This emissions unit is subject to OAC rule No Exempt No Yes OC = 1.0 TPY (for Yes 

with fixed roof 3745-21-09(1) [exempt from any TOOl thru T006, 

requirements since the tank is less than combined) 

40, 000 gallons] and 40 CFR Part 60 

Subpart Kb [record keeping only since 

0243000887 BP- CONCORD BULK NTV T012 Submerged fill above-ground 16,000 02-18928 27-Jan-04 Yes This emissions unit is subject to OAC rule No exempt No Yes voc 1.0 Yes 

PLANT storage tank 3745-21-09(1) [exempt from any ton/year 

requirements since the tank is less than 

140 000 ""' "' 

0278080443 MARZANE PLANT NO 27 FEPTIO T002 no. 2 fuel oil/waste oil storage 15,000 02-18481 16-Mar-04 Yes This emissions unit is subject to OAC rule No Exempt No Yes voc 0.1 TPY Yes 

tank 3745-21-09(1) [exempt from any 

requirements since the tank is less than 

•n nnn. ""' 

302020012 Lima Refining Company TV T203 above-ground, fixed roof organic 14,500 03 7545 7 Ju!-94 No This emissions unit is subject to OAC rule No Exempt No No VOC 0.1 TPY VOC No 

liquids storage tank with a 3745-21-09(1} [exempt from any {controlled by TO) 

capacity of {group 1 storage requirements since the tank is less than 

vessel) 40, 000 gallons], 40 CFR Part 60 Subpart 

Kb (record keeping only}, 40 CFR Part 63, 

Subpart CC, 40 CFR Part 61, Subpart FF, 

40 CFR 63.123(a}, 40 CFR 63.654(i}(l}, 40 

CFR 63.654(i}(l}(iv}, 40 CFR 63.654(i}(4} 

and 40 CFR Part 63, Subpart A. 

0302020012 Lima Refining Company TV T204 above-ground, fixed roof organic 14,SOO 03-7545 7-Jul-94 No This emissions unit is subject to OAC rule No Exempt No No VOC 0.1 TPY No 

liquids storage tank with a 374S-21-09(1) [exempt from any (controlled by TO) 

capacity of (group 1 storage requirements since the tank is less than 

vessel) 40, 000 gallons], 40 CFR Part 60 Subpart 

Kb {record keeping only), 40 CFR Part 63, 

Subpart CC, 40 CFR Part 61, Subpart FF, 

40 CFR 63.123{a), 40 CFR 63.654(i){1), 40 

CFR 63.654(i){1){iv), 40 CFR 63.654{i)(4) 

and 40 CFR Part 63, Subpart A. 

0302020260 PROCTER & GAMBLE FEPTIO T032 fixed-roof outdoor storage tank 10,782 03-16222 21-Dec 04 Yes OAC rule 374S-21-09{L)is not applicable No No No Yes oc 0.01 TPY. Yes 

MFG CO for storage of raw materials for b/c emissions unit does not store 

formulation of liquid laundry petroleum liquids as defined in 3745-21-

detergent. PTI #03-10040, #03- 01. 

13988 and #03-16222 revoked 

0302020260 PROCTER & GAMBLE FEPTIO T086 fixed roof outdoor storage tank 14,376 03 16222 21 Dec 04 Yes OAC rule 3745-21-09{L)is not applicable No No No Yes oc 0.13 TPY. Ye' 

MFGCO for storage of liquid laundry b/c emissions unit does not store 

detergent. PTI #03-13988 and #03 petroleum liquids as defined in 3745-21-

'"" '""loin' lo, 

1 of 7 2/12/2012 tanks_2004 %28working copy%29 YES.xlsx 
Subject to OAC rule 3745~21- BAT Subject to 

Exemption 

Permit Size Permit Effective Submerged Other OAC rule 3745~31· 

Facility ID Facility Name Class EUid EU Description (gallons) Fill Additional Terms 07(0} 09(l} 09(Z} Submerged Fill 

No. Date requirements 03 employed? 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01~08386 4-Mar-04 Yes This emissions unit is subject to 40 CFR No No No Yes oc 0.19 TPY Yes 

Part 60 Subpart Kb (record keeping only) 

land BAT 

0302020260 PROCTER & GAMBLE FEPTIO T087 fixed roof outdoor storage tank 14,376 03-16222 21-Dec~04 Yes OAC rule 3745-21-09(L)is not applicable No No No Yes OC-0.13 TPY. Yes 

MFG CO for storage of liquid laundry b/c emissions unit does not store 

detergent. PTI #03-13988 and #03 petroleum liquids as defined in 3745-21-

1e??? ok 111/R/nR lm 

0302020260 PROCTER & GAMBLE FEPTIO T088 fixed roof outdoor storage tank 14,376 03-16222 21-Dec-04 Yes OAC rule 3745-21-09(L)is not applicable No No No Yes OC-0.13TPY. Yes 

MFGCO for storage of liquid laundry b/c emissions unit does not store 

detergent. PTI #03-13988 and #03 petroleum liquids as defined in 3745-21-

1R??? >n111RinR ln1 

0302020260 PROCTER & GAMBLE FEPTIO T089 fixed roof outdoor storage tank 14,376 03-16222 21-Dec~04 Yes OAC rule 3745-21-09(L)is not applicable No No No Yes OC- 0.13 TPY. Yes 

MFGCO for storage of liquid laundry b/c emissions unit does not store 

detergent. PTl #03-13988 and #03 petroleum liquids as defined in 3745~21-

'""' >n 11/R/nR 01 

0302020260 PROCTER & GAMBLE FEPTIO T090 fixed roof outdoor storage tank 14,376 03 16222 21-Dec~04 Yes OAC rule 3745-21-09(L)is not applicable No No No Yes oc 0.13 TPY. Yes 

MFGCO for storage of liquid laundry b/c emissions unit does not store 

detergent. PTI #03-13988 and #03 petroleum liquids as defined in 3745~21-

""' 111/R/Oh n1 

0302020260 PROCTER & GAMBLE FEPTIO T094 fixed roof underground storage 10,782 03-16222 21-Dec-04 No OAC rule 3745-21-09(L)is not applicable No No No No DC 0.003 TPY. No 

MFGCO tank for storage of raw materials b/c emissions unit does not store 

for formulation of liquid laundry petroleum liquids as defined in 3745-21- . 01 

0302020260 PROCTER & GAMBLE FEPTIO T095 fixed roof underground storage 10,782 03-16222 21-Dec-04 No OAC rule 3745-21-09(L)is not applicable No No No No oc 0.003 TPY. No 

MFG CO tank for storage of raw materials b/c emissions unit does not store 

for formulation of laundry petroleum liquids as defined in 3745-21-

0302020343 ISP TV T097 butanedio! organic waste storage 12,000 03-11250 28-0ct-04 No This emissions unit is subject to OAC rule No No No No VOCooQ.22 TPY, No 

tank 3745-21·09(00} [LDAR], 40 CFR Part 60 internal floating 

Subpart Kb (record keeping only), 40 CFR, roof. 

. h' ,, '"' 0302020343 ISP TV T098 thermal oxidizer wastewater feed 12,000 03-11250 28-0ct-04 No This emissions unit is subject to OAC rule No No No No VOC- 0.22 TPY, No 

tank 3745-21~09(00) [LDAR], 40 CFR Part 60 internal floating 

Subpart Kb (record keeping only), 40 CFR, roof. 

I p,rt 61 ,, "" 

0302020371 lneos USA LLC TV · T097 fixed roof butanedio! organic 12,000 03-13628 23~Sep-04 Yes· This emissions unit is Subject to OAC rules Yes No No Yes OC 0.26 TPY, No 

waste storage tank with internal 3745~21-09{00) and OAC 3745-21-07(0), annual materia! 

floating roof (Tank 63) 40 CFR Part 60, Subpart Kb, sections throughput rate of 

(Administrative modification to 60.116b(a) & (b) [record keeping only], 40 4,500,000 gallons 

PT! 03~13628, issued on 9-23-04, CFR Part 60, Subpart VV. and internal 

to a !low for change in terms and floating roof. 

conditions of permit and a !low for 

2 of7 2/12/2012 tanks_2004 %28working copy%29 YES.xlsx 
Permit Size Permit Effective 

Facility 10 Facility Name 

Class EU ld EU Description {gallons) No. Date 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01-08386 4-Mar-04 

0372030070 H.J. Heinz, L.P. TV T004 above ground fixed roof alcohol 12,000 03-13946 30-Dec-04 

storage tank (modification to 

existing storage tank to increase 

throughput) 

0666000050 PORTSMOUTH NTV T104 X-627 Equalization Tank TA-lA, 15,000 06-07283 13-Jan-04 

GASEOUS DIFFUSION 15,000 gallon storage tank with 

PLANT- DOE submerge fill 

0666000050 PORTSMOUTH NTV nos X-627 Equalization Tank TA-1B, 15,000 06-07283 13-Jan-04 

GASEOUS DIFFUSION 15,000 gallon storage tank with 

PLANT- DOE submerge fill 

0701000070 Ershigs Temporary FRP TV TOOl resin storage tank 10,000 07-00547 5-May-05 

Production Facility 

(DP&L-Stuart) 

0701000070 Ershigs Temporary FRP TV T002 10,000 gallon resin storage tank 10,000 07-00547 5-May-05 

Production Facility 

(DP&L-Stuart) 

0701000070 Ershigs Temporary FRP TV T003 resin stor;:~ge tank 10,000 07-00547 5-May-05 

Production Facility 

(OP&L-Stuart) 

0773000080 Sunoco Inc (R&M) TV T0 59 hydrogenation feed tank (Alpha 11,844 07-00451 4 Nov 04 

Methyl Styrene Hydrogenation 

Feed Tank) 

1431010054 INEOS ASS (USA) TV T023 fixed roof storage tank -storing 10,500 14-02058 12-0ec-90 

Corporation tertiary dodecyl mercaptan 

1431010054 INEOS ABS (USA) TV T024 fixed roof storage tank- storing 10,500 P0097773 

Corporation methyl ethyl ketone 

3 of? 

Subject to OAC rule 3745·21· 

Submerged 

Fill Additional Terms 07 (D) 09(l) 09(Z) 

employed? 

Yes This emissions unit is subject to 40 CFR No No No 

Part 60 Subpart Kb (record keeping only) 

and BAT 

Yes This emissions unit is subject to OAC rule No Exempt No 

3745-21-09(L) [but is exempt from L (1) 

since the storage capacity is less than 

40,000 gallons] and 40 CFR Part 60, 

Subpart Kb, section 60.116b (a) & (b) 

[record keeping only]. BAT= 

Yes This emissions unit is subject to OAC rule No Exempt No 

3745-21-09(L) [but is exempt from L (1) 

since the storage capacity is less than 

40,000 gallons] and 40 CFR Part 61, 

.. Yes This emissions unit is subject to OAC rule No Exempt No 

3745-21-09(L) [but is exempt from L (1) 

since the storage capacity is less than 

40,000 gallons] and 40 CFR Part 61, 

• 

Yes This emissions unit is subject to OAC rule Yes No No 

3745-21-09(D) (2) [submerged fill 

requirement] and 40 CFR Part 63 Subpart 

Yes This emissions unit is subject to OAC rule Yes No No 

3745-21-09(D) (2) [submerged fill 

requirement] and 40 CFR Part 63 Subpart 

Yes This emissions unit is subject to OAC rule Yes No No 

3745-21-09(0) (2) [submerged fill 

requirement] and 40 CFR Part 63 Subpart 

Yes This emissions unit is subject to the HON No No No 

group 1\ storage vessels [40 CFR Part 63, 

Subparts A, F, and G] and 40 CFR Part 60 

Subpart Kb) record keeping only). 

Yes This emissions unit is subject to OAC rule Yes No No 

3745-21-09(0). 

Yes This emissions unit is subject to 40 CFR Yes No No 

Part 63, Subpart JJJ, and OAC rule 3745-

21-09(0). Not subject to BAT. Submerged 

fill is required to be employed per OAC 

rule 3745-21-07(0). No BAT established 

(existing source). 

2/12/2012 

BAT 

Other Submerged Fill 

requirements 

Yes DC 0.19 TPY 

Yes annual throughput 

= 420,000 gallons 

(i.e., maximum 

annual 

throughput), OC = 0.14 TPY. 

Yes OC -1.18 TPY 

(0.27 lb/h,). 

Yes OC -1.18 TPY 

(0.27 lb/h,). 

Yes VOC- 0.022 TPY 

(0.005 lb/h,). 

Yes VOC- 0.022 TPY 

(0.005 lb/h,). 

Yes VOC - 0.022 TPY 

(0.005lb/h,). 

Yes vent condenser, 

VOC = 1.111 TPY. 

No OC-0.13 TPY 

(employs 

submerged fill 

which is 21-07(D) 

None (not subject None (not subject 

to BAT) to BAT) 

Subject to 

Exemption 

OAC rule 3745·31· 

03 

Yes 

Yes 

No 

No 

No 

No 

No 

No 

Yes 

No 

s 

fi 

ubmerged 

II is07(D) 

d riven 

e xisting EU 

tanks_2004 %28working copy%29 YES.xlsx 
Permit Size Permit Effective Submerged 

Facility ID Facility Name Class EU!d EU Description (gallons) Date Fill Additional Terms No. emoloved? 

0180010008 The Scotts Co. TV T012 Blfenthrln pesticide storage tank 16,000 01·08386 4~Mar-04 y., This emissions unit is subject to 40 CFR 

Part 60 Subpart Kb (record keeping only) 

and BAT. 

1431010054 INEOS ABS (USA) TV T025 fixed roof storage tank- storing 11,000 14-02058 12-0ec-90 Yes This emissions unit is subject to OAC rule 

Corporation dibutyl fumarate 3745-21-09{0)(1) [in addition to other 

things, 0{1) requires submerged fill] and 

40 CFR Part 60 Subpart Kb [record 

. "'·· 

1431010054 INEOS ABS {USA) TV T027 storage tank storing methyl ethyl 12,000 14-02058 12-Dec-90 Yes This emissions unit is subject to the HON 

Corporation ketone group II storage vessels [40 CFR Part 63, 

Subpart JJJ] and OAC rule 3745-21-09(0) 

[in addition to other things, 0(1) requires 

'"'" - 14310100S4 INEOS ABS {USA) TV T036 fixed roof storage tank -storing 10,000 P0097773 Yes This emissions unit is subject to OAC rule 

Corporation terpinolene 3745-21~09(0). Submerged fill is required 

to be employed per OAC rule 3745-21-

07(0). No BAT established (existing 

., 1431010054 INEOS ABS (USA) TV T037 fixed roof storage tank -storing tris 10,000 P0097773 Yes This emissions unit is subject to OAC rule 

Corporation nonyl phenol phosphite 3745-21-09{0). Submerged fill is required 

(INORGANIC LIQUID) to be employed per OAC rule 3745-21-

07(0). No BAT established (existing 

"' 1431010054 INEOS ABS (USA) TV T044 fixed roof storage tank~ storing 10,000 14--02486 27-Nov-91 Yes This emissions unit is subject to OAC rule 

Corporation secondary Butanol 3745-21~09(0). Submerged fill is required 

to be employed per OAC rule 3745-21-

07{0). 

1431010054 INEOS ABS {USA) TV T045 fixed roof storage tank storing 10,000 14-02539 28-May-92 Yes This emissions unit is subject to OAC rule 

Corporation isobutanol 3745-21-09(0). 

1431010054 INEOS ABS {USA) TV T0 54 fixed roof storage tank- storing 18,500 14--04703 4--Aug-99 Yes This emissions unit is subject to the HON 

Corporation ethyl benzene group J! storage vessels [40 CFR Part 63, 

SubpartJJJ] and OAC rule 3745-21-09(0) 

[in addition to other things, 0{1} requires 

if;ll\ 

1431390137 PMC Specialties Group, TV TOOl 16500 Gallon f1xed roof methanol 16,500 14-1703 3 May 00 Yes This emissions unit is subject to OAC rule 

Inc. storage tank with submerged fill; 3745-21-09(0) and 40 CFR Part 60 

Modification of PTI14-1703. Subpart Kb [record keeping only]. 

1431393170 GRAND VISTA OIL NTV T013 fixed roof wastewater storage 15,000 14--04213 17-Jun-04 Yes This emissions unit is subject to OAC rule 

tank 3745-21-09(1) [exempt from any 

requirements since the tank is less than 

40,000 gallons] and 40 CFR Part 60 

""' '"' 

4 of7 2/12/2012 

Subject to OAC rule 3745w21~ 

07{0) 09{L) 09{Z) 

No No No 

Yes No No 

Yes No No 

Yes No No 

Yes No No 

Yes No No 

Yes No No 

Yes No No 

exempt No No 

No exempt No 

BAT 

Other Submerged Fill requirements 

Yes OC=0.19 TPY 

No OC -0.89 TPY 

No vent condenser, 

OC=0.32TPY. 

None (not subject None (not subject 

to BAT) to BAT} 

None (not subject None (not subject 

to BAT) to BAT) 

No OC = 0.13 TPY 

(employs 

submerged fill 

which is 21-07(0) . _, 

No OC- 0.65 TPY 

(employs 

submerged fill 

which is 21-07(0) 

""' 

No oc 0.12 TPY 

(employs 

submerged fill 

which is 21-07(0) 

Yes oc 1.56 TPY 

Yes OC 0.00014 TPV. 

Subject to 

Exemption 

OAC rule 3745~31~ 

03 

Yes 

Yes 

No 

N/A 

N/A 

Yes 

y., 

No 

Yes 

Yes 

s 

fil 

ubmerged 

I is07{0) 

d riven 

s 

fil 

ubmerged 

I is07{D) 

d riven 

s 

fi 

ubmerged 

II is07(D) 

d riven 

s 

fi 

ubmerged 

II is07{D) 

d riven 

s 

fi 

ubmerged 

II is 07(0) 

d riven 

tanks_2004 %28working copy%29 YES.xlsx 
Subject to OAC rule 3745~21~ BAT Subject to 

Exemption 

Permit Size Permit Effective Submerged Other OAC rule 3745~31- Facility ID Facility Name Class EUid EU Description (gallons) No. Date Fill Additional Terms 07(0) 09 (L) 09(Z) Submerged Fill requirements 03 emoloved? 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01-08386 4~Mar~04 Ye> This emissions unit is subject to 40 CFR No No No Ye> OC- 0.19 TPY Ye> 

Part 60 Subpart Kb (record keeping only) 

and BAT. 

1652050184 VEOLIA ES TECHNICAL NTV TOOl (new)- Storage Tank number 1 ~ 19,815 16-02365 9-Sep-04 No This emissions unit is subject to OAC rule No exempt No No oc 2.39 TPY. Ye> 

SOLUTIONS, L.L.C. 19,815 gallon vertical fixed roof 3745-21-09(1) [exempt from any 

steel tank storing gasoline requirements since the tank is less than 

40 ooo, ""' ,, 1652050184 VEOLIA ES TECHNICAL NTV T002 (new)- Storage Tank number 2- 19,815 16-02365 9~Sep-04 No This emissions unit is subject to OAC rule No exempt No No OC- 2.39 TPY. Ye> 

SOLUTIONS, L.LC. 19,815 gallon vertical fixed roof 3745-21-09(1) [exempt from any 

steel tank storing gasoline requirements since the tank is less than 

40 ooo, ""' 

0247120476 KOKOSING MATERIALS, NTV T002 vertical fixed roof storage tank for 15,000 02-14584 18-Sep-01 Ye> This emissions unit is subject to OAC rule No exempt No Ye> OC= 0.01 TPY. Ye> 

INC.- Plant 503 no. 4 on-spec used oil. 3745-21-09(1) [exempt from any 

requirements since the tank is less than 

40,000 gallons] and 40 CFR Part 60 

.. h <h ,, H. •oolvl. 

0302020015 lneos USA LLC NTV T097 internal floating roof storage tank 12,000 03-11250 28-0ct-04 No This emissions unit is subject to AOC rule Ye> No No No fixed tank in No 

organic waste storage tank 3745-21-09(00), PSO and 40 CFR Part 60, combination with 

w/internal floating roof (tank no Subpart VV. an internal floating 

63.) roof, maximum 

throughput= 

4,500,000, voc = 

0.22 TPY 

- 0302020015 lneos USA LLC NTV T098 internal floating roof storage tank 12,000 03-11250 28-0ct-04 No This emissions unit is subject to AOC rule Ye> No No No f1xed tank in No 

organic waste storage tank 3745-21-09(00}, PSD and 40 CFR Part 60, combination with 

w/internal floating roof {tank no SubpartVV. an internal floating 

64.) roof, maximum 

throughput= 

4,500,000, VOC= 

0.22 TPY 

1318170314 ALCOA-Cleveland Works TV T01S Fuel Oil AGST- Tank No.1 12,000 13-2824 2-Jun-94 Ye> This emissions unit is subject to OAC rule Ye> No No Ye> VOC- 0.04 TPY . Ye> 

3745-21-09(0) and 40 CFR Part 60 [Submerged fill is 

Subpart Kb [record keeping only]. also required to be 

employed per OAC 

rule 3745-21-

1318170314 ALCOA-Cleveland Works TV T016 Fuel Oil AGST- Tank No.2 12,000 13-2824 2-Jun-94 Ye> This emissions unit is subject to OAC rule Ye> No No Ye> VOC- 0.04 TPY. Ye> 

3745-21-09(0) and 40 CFR Part 60 [Submerged fill is 

Subpart Kb [record keeping only]. also required to be 

employed per OAC 

rule 3745-21-

1409040653 COLUMBIA OlL NTV T024 underground diesel fuel storage 12,000 14-05483 9-Sep-03 Ye> This emissions unit is subject to OAC rule No exempt No Ye> VOC = 0.04 TPY. Ye> 

COMPANY tank 3745-21-09(1) [exempt from any 

requirements since the tank is less than 

40,000 gallons] and 40 CFR Part 60 

'""'' i k.,o;oo onlvl. 

5 of? 2/12/2012 tanks_2004 °/o28working copy%29 YES.xlsx 
Subject to OAC rule 3745·21· BAT Subject to 

Exemption 

Permit Size Permit Effective Submerged Other OAC rule 3745·31· 

Facility ID Facility Name Class EUid EU Description (gallons) Date Fill Additional Terms 07(0) 09(l) 09(Z) Submerged Fill No. requirements 03 employed? 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01-08386 4-Mar-04 Yes This emissions unit is subject to 40 CFR No No No Yes oc 0.19 TPY Yes 

Part 60 Subpart Kb {record keeping only) 

nd BAT. 

1431071208 VALVOLINE OIL NTV T067 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

. '"'· 

1431071208 VALVOLINE OIL NTV T068 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes b ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC"" 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

ovh r, n'" 

1431071208 VALVOLINE OIL NTV T069 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

. ··' 

1431071208 VALVOUNE OIL NTV T070 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1} [exempt from any piping, VOC-= 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

Vh <0. "' 1431071208 VALVOLINE OIL NTV T071 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom fill inlet Yes B attorn f1ll 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

"h ort Kh [,. 

1431071208 VALVOLINE OIL NTV T072 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

•• h "'· ""' . 

1431071208 VALVOUNE OIL NTV T073 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

>Kh ,, '"' 1431071208 VALVOLINE OIL NTV T074 fixed roof storage tank 15,000 14~05088 14·Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B attorn fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

Kh [, 

1431071208 VALVOLINE OIL NTV T075 fixed roof storage tank 15,000 14-05088 14-Jun-04 Yes This emissions unit is subject to OAC rule No exempt No Yes bottom-fill inlet Yes B ottom fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40, 00 gallons] and 40 CFR Part 60 

Vh ,, "'"" 

6 of? 2/12/2012 tanks_2004 %28working copy%29 YES.xlsx 
Subject to OAC rule 3745-21- BAT Subject to 

Exemption 

Permit Size Permit Effective Submerged Other OAC rule 3745-31-

Facility ID Facility Name Class EUid EU Description (gallons) No. Date Fill Additional Terms 07 (D) 09(l) 09(ZJ Submerged Fill requirements 03 employed? 

0180010008 The Scotts Co. TV T012 Bifenthrin pesticide storage tank 16,000 01-08386 4-Mar-04 Ye' This emissions unit is subject to 40 CFR No No No Ye' oc 0.19TPY Ye' 

Part 60 Subpart Kb (record keeping only) 

nd BAT. 

1431071208 VALVOLINE OIL NTV T076 fixed roof storage tank 15,000 14-05088 14-Jun-04 Ye' This emissions unit is subject to OAC rule No exempt No Ye' bottom-fill inlet y_, B attorn fill 

COMPANY 3745-21-09(1) [exempt from any piping, VOC = 0.85 

requirements since the tank is less than TPY. 

40,000 gallons] and 40 CFR Part 60 

""· ·"' 1431071208 VALVOLINE OIL NTV T081 fixed roof storage tank- Modified 15,000 14-05088 14-Jun-04 No This emissions unit is subject to OAC rule No exempt No No fill pipe that No wall flow fill 

COMPANY 3745-21-09{1) [exempt from any directs the flow of 

requirements since the tank is less than material to the 

40,000 gallons] and 40 CFR Part 60 wall of the tank, 

Subpart Kb [record keeping only]. VOC. VOC = 0.85 TPY 

1431071208 VALVOL!NE OIL NTV T082 fixed roof storage tank- Modified 15,000 14-05088 14-Jun-04 No This emissions unit is subject to OAC rule No exempt No No fill pipe that No wall flow fill 

COMPANY 3745-21-09(1) [exempt from any directs the flow of 

requirements since the tank is less than material to the 

40,000 gallons] and 40 CFR Part 60 wall of the tank, 

Subpart Kb [record keeping only]. VOC = 0.85 TPY 

1431071208 VALVOLINE OIL NTV T083 fixed roof storage tank- Modified 15,000 14-05088 14-Jun-04 No This emissions unit is subject to OAC rule No exempt No No fill pipe that No wall flow fill 

COMPANY 3745-21-09(1) [exempt from any directs the flow of 

requirements since the tank is less than material to the 

40,000 gallons] and 40 CFR Part 60 wall of the tank, 

Subpart Kb [record keeping only] . VOC = 0.85 TPY 

.. 

7 of? 2/12/2012 tanks_2004 %28working copy%29 YES.xlsx 
Example Of A permit Issued in 2004 

That Would not Have Been Subject To 

The Exemption Pursuant to OAC Rule 

37 45-31-03(A)( 1 )(l)(iv) 
State of Ohio Environmental Protection Agency 

RE: PERMIT TO INSTALL REGISTRATION CERTIFIED MAIL 

Permit to InltN\fe~RWt\IJ' st~And Conditions 

122 S. Front Street 

Lazarus Gov. CenterTELE: (614) 644-3020 FAX: (614) 644-2329 

Application No: 02-18928 

DATE: 1/27/2004 

BP Concord Bulk Plant 

Frank A. Marsek 

4850 E. 49th St., MBCl-122 

Cuyahoga Heights, OH 44125 

Mailing Address: 

LaZarus Gov. Center 

P.o. Box 1049 

Enclosed please find an Ohio EPA Permit to Install Registration which will allow you to iostall the descnbed 

source( s) io a manner iodicated io the permit. Because this permit registration contaios several conditions and 

restrictions I urge you to read it carefully. 

The Ohio EPA is urging companies to iovestigate pollution prevention and energy conservation. Not only will 

this reduce pollution and energy consumption, but it can also save you money. If you would like to learn ways 

you can save money while protectiog the environment, please contact our Office of Pollution Prevention at (614) 

644-3469. 

You are hereby notified that this action by the Director is final and may be appealed to the Ohio Environmental 

Review Appeals Commission pursuant to Chapter 3745.04 of the Ohio Revised Code. The appeal must be io 

writiog and set forth the action cornplaioed of and the grounds upon which the appeal is based. It must be filed 

within thirty (30) days after the notice of the Directors action. A copy of the appeal must be served on the 

Director of the Ohio Environmental Protection Agency within three (3) days offiliog with the Commission. Ao 

appeal may be filed with the Environmental Review Appeals Commission at the followiog address: 

Siocerely, 

Environmental Review Appeals Commission 

309 South Fourth Street, Room 222 

Columbus, Ohio 43215 

N..-tdu/v~ 

Michael W. Ahern, Supervisor 

Field Operations and Permit Section 

Division of Air Pollution Control 

CC: NEDO 

STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY 

PERMIT TO INSTALL REGISTRATION 
Application Number: 

APS Premise Number: 

Permit Fee: 

Name of Facility: 

Person to Contact: 

Address: 

02-18928 

0243000887 

$200 

BP Concord Bulk Plant 

Frank A. Marsek 

4850 E. 49th St., MBCl-122 

Cuyahoga Heights, OH 44125 

Location of proposed air contaminant source(s) [emissions unit(s)]: 

7669 Crile Road 

Painesville, Ohio 

Description of proposed emissions unit(s): 

16,000 gallon above ground storage tank. 

Date oflssuance: 

Effective Date: 

1127/2004 

1/27/2004 

The above named entity is hereby granted a Permit to Install Registration for the above described source( s) 

pursuant to Chapter 3745-31 of the Ohio Administrative Code. Issuance of this permit does not constitute 

expressed or implied approval or agreement that, if constructed or modified in accordance with the plans included 

in the application, the above described source( s) of environmental pollutants will operate in compliance with 

applicable State and Federal laws and regulations, and does not constitute expressed or implied assurance that if 

constructed or modified in accordance with those plans and specifications, the above described source( s) of 

pollutants will be granted the necessary permits to operate (air) or NPDES permits as applicable. 

This permit is granted subject to the conditions attached hereto. 

Ohio Environmental Protection Agency 

Director 
' 

3 

BP Concord Bulk Plant 

PTI Application: 02-18928 

Issued: 1127/2004 

Facility ID: 0243000887 

Part I- GENERAL TERMS AND CONDITIONS 

A. Permit to Install General Terms and Conditions 

1. Compliance Requirements 

The emissions unit(s) identified in this Permit to Install shall remain in full compliance with all 

applicable State laws and regulations and the terms and conditions of this permit. 

2. Reporting Requirements 

The permittee shall submit required reports in the following manner: 

a. Reports of any required monitoring and/or recordkeeping information shall be submitted 

to the appropriate Ohio EPA District Office or local air agency. 

b. Except as otherwise may be provided in the terms and conditions for a specific emissions 

unit, quarterly written reports of (a) any deviations (excursions) from emission limitations, 

operational restrictions, and control device operating parameter limitations that have been 

detected by the testing, monitoring, and recordkeeping requirements specified in this 

permit, (b) the probable cause of such deviations, and (c) any corrective actions or 

preventive measures which have been or will be taken, shall be submitted to the 

appropriate Ohio EPA District Office or local air agency. If no deviations occurred during 

a calendar quarter, the permittee shall submit a quarterly report, which states that no 

deviations occurred during that quarter. The reports shall be submitted quarterly, i.e., by 

January 31, April30, July 31, and October 31 of each year and shall cover the previous 

calendar quarters. (These quarterly reports shall exclude deviations resulting from 

malfunctions reported in accordance with OAC rule 3745-15-06.) 

3. Records Retention Requirements 

Each record of any monitoring data, testing data, and support information required pursuant to 

this permit shall be retained for a period of five years from the date the record was created. 

Support information shall include, but not be limited to, all calibration and maintenance records 

and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all 

reports required by this permit. Such records may be maintained in computerized form. 

4. Inspections and Information Requests 

The Director of the Ohio EPA, or an authorized representative of the Director, may, subject to 

the safety requirements of the permittee and without undue delay, enter upon the premises of this 

source at any reasonable time for purposes of making inspections, conducting tests, examining 

records or reports pertaining to any emission of air contaminants, and determining compliance 

with any applicable State air pollution laws and regulations and the terms and conditions of this 

permit. The permittee shall furnish to the Director of the Ohio EPA, or an authorized 
• 

4 

BP Concord Bulk Plant 

PTI Application: 02-18928 

Issued: 1/27/2004 

Facility ID: 0243000887 

representative of the Director, upon receipt of a written request and within a reasonable time, any 

information that may be requested to detennine whether cause exists for modifYing, reopening or 

revoking this permit or to determine compliance with this permit. Upon verbal or written request, 

the permittee shall also furnish to the Director of the Ohio EPA, or an authorized representative 

of the Director, copies of records required to be kept by this permit. 

5. Scheduled Maintenance/Malfunction Reporting 

Any scheduled maintenance of air pollution control equipment shall be performed in accordance 

with paragraph (A) of OAC rule 3745-15-06. The malfunction of any emissions units or any 

associated air pollution control system(s) shall be reported to the appropriate Ohio EPA District 

Office or local air agency in accordance with paragraph (B) ofOAC rule 3745-15-06. Except as 

provided in that rule, any scheduled maintenance or malfunction necessitating the shutdown or 

bypassing of any air pollution control system(s) shall be accompanied by the shutdown of the 

emissions unit(s) that is (are) served by such control system(s). 

6. Permit Transfers 

7. 

Any transferee of this permit shall assume the responsibilities of the prior permit holder. The 

appropriate Ohio EPA District Office or local air agency must be notified in writing of any 

transfer ofthis permit . 

Air Pollution Nuisance 

The air contaminants emitted by the emissions units covered by this permit shall not cause a public 

nuisance, in violation ofOAC rule 3745-15-07. 

8. Termination of Permit to Install 

This Permit to Install shall terminate within eighteen months of the effective date of the Permit to 

Install if the owner or operator has not undertaken a continuing program of installation or 

modification or has not entered into a binding contractual obligation to undertake and complete 

within a reasonable time a continuing program of installation or modification. This deadline may 

be extended by up to 12 months if application is made to the Director within a reasonable time 

before the termination date and the party shows good cause for any such extension. 

9. Construction of New Sources(s) 

The proposed emissions unit(s) shall be constructed in strict accordance with the plans and 

application submitted for this permit to the Director of the Ohio Environmental Protection 

Agency. There may be no deviation from the approved plans without the express, written 

approval of the Agency. Any deviations from the approved plans or the above conditions may 

lead to such sanctions 
• 

5 

BP Concord Bulk Plant 

PTI Application: 02-18928 

Issued: 1127/2004 

Facility ID: 0243000887 

10. 

11. 

and penalties as provided under Ohio law. Approval of these plans does not constitute an 

assurance that the proposed facilities will operate in compliance with all Ohio laws and 

regulations. Additional fucilities shall be installed upon orders of the Ohio Environmental 

Protection Agency if the proposed sources cannot meet the requirements of this permit or cannot 

meet applicable standards. 

If the construction of the proposed emissions unit( s) has already begun or has been completed 

prior to the date the Director of the Environmental Protection Agency approves the permit 

application and plans, the approval does not constitute expressed or implied assurance that the 

proposed facility has been constructed in accordance with the approved plans. The action of 

beginning and/or completing construction prior to obtaining the Director's approval constitutes a 

violation of OAC rule 3745-31-02. Furthermore, issuance of the Permit to Install does not 

constitute an assurance that the proposed source will operate in compliance with all Ohio laws 

and regulations. Approval of the plans in any case is not to be construed as an approval of the 

facility as constructed and/or completed. Moreover, issuance of the Permit to Install is not to be 

construed as a waiver of any rights that the Ohio Environmental Protection Agency (or other 

persons) may have against the applicant for starting construction prior to the effective date of the 

permit. Additional fucilities shall be installed upon orders of the Ohio Environmental Protection 

Agency if the proposed fucilities cannot meet the requirements of this permit or cannot meet 

applicable standards. 

Public Disclosure 

The fucility is hereby notified that this permit, and all agency records concerning the operation of 

this permitted source, are subject to public disclosure in accordance with OAC rule 3745-49-03. 

Applicability 

This Permit To Install is applicable only to the emissions unit(s) identified in the Permit To Install 

Separate Permit To Install for the installation or modification of any other emissions unit(s) are 

required for any emissions unit for which a Permit To Install is required. 

12. Best Available Technology 

As specified in OAC Rnle 3745-31-05, all new sources must employ Best Available Technology 

(BAT). Compliance with the terms and conditions of this permit will fulfill this requirement. 

13. Source Operation and Operating Permit Requirements After Completion of Construction 

This facility is permitted to operate each source described by this Permit to Install for a period of 

up to one year from the date the source commenced operation. This permission to operate is 

granted only if the fucility complies with all requirements contained in this permit and all 

applicable air pollution laws, regulations, and policies. Pursuant to OAC Chapter 3745-35, the 

permittee shall submit a complete operating permit application within ninety (90) days after 

commencing operation of the emissions unit(s) covered by this permit. 
t 

6 

BP Concord Bulk Plant 

PTI Application: 02-18928 

Issued: 1127/2004 

Facility ID: 0243000887 
7 

BP Concord Bulk Plant 

PTI Application: 02-18928 

Issued: 1127/2004 

Facility ID: 0243000887 

14. Construction Compliance Certification 

The applicant shall provide Ohio EPA with a written certification (see enclosed form) that the 

facility has been constructed in accordance with the Permit to Install application and the terms and 

conditions of the Permit to Install. The certification shall be provided to Ohio EPA upon 

completion of construction but prior to startup of the source. 

15. Fees 

The permittee shall pay fees to the Director of the Ohio EPA in accordance with ORC section 

3745.11 and OAC Chapter 3745-78. The permittee shall pay all applicable Permit to Install fees 

within 30 days after the issuance of this Permit to Install. 

B. Permit to Install Summary of Allowable Emissions 

The following information summarizes the total allowable emissions, by pollutant, based on the individual 

allowable emissions of each air contaminant source identified in this permit. 

SUMMARY (for informational purposes only) 

TOTAL PERMIT TO INSTALL ALLOW ABLE EMISSIONS 

Pollutant 

voc 

Tons Per Year 

0.10 
8 

BP Concord Bulk Plant PTIAr-1:~~...:""..... n., 1IOR"tO 

Facility ID: 0243000887 

Issued 

Emissions Unit ID: T012 

PART II- SPECIAL TERMS AND CONDITIONS FOR SPECIFIC EMISSIONS UNIT(S) 

A. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

following the table. 

Operations, Property, 

and/or Equipment Aoolicable Rules/Requirements 

Applicable Emissions 

Limitations/Control Measures 

T012 - Submerged fill 16,000 OAC rule 3745-31-05 (A)(3) 

gallon above-ground storage tank 

VOC: 0.10 ton per year 

Control Requirements (see A.2.a) 

OAC rule 3745-21-09(L) Exempt (see A.2.b) 

2. Additional Terms and Conditions 

2.a The "Best Available Technology" (BAT) control requirements for this emissions unit has 

been determioed to be the use of a submerged fill pipe. 

2.b In accordance with OAC rule 3745-21-09(L)(2), this storage tank is exempt from the 

requirements of OAC rule 3745-21-09(L) because the tank has a capacity of less than 

40,000 gallons. 

B. Operational Restrictions 

None 

C. Monitoring and/or Recordkeeping Requirements 

1. The owner and operator of this emissions unit shall keep readily accessible records showing the 

diroension of the storage vessel and an analysis showing the capacity of the 

storage vessel for the life of the emissions unit. 

D. Reporting Requirements 

4752.wpd 
f 

9 

BPCu 

PTIAJ 

Issued: 1/27/2004 

None 

4752.wpd 

Enrissions Unit ID: T012 
10 

BPCu 

PTIAJ 

Issued: 1!27 /2004 

E. Testing Requirements 

1. Emission Limitation: 

0.10 ton ofVOC per year 

Applicable Compliance Method: 

Emissions Unit ID: T012 

The permittee may use U.S. EPA Tanks 4.0 program to demonstrate compliance with the annual 

limit ofO.lO ton per year for organic compound. 

F. Miscellaneous Requirements 

None 

4752.wpd 
J· 

State of Ohio Environmental Protection Agency 

RE: FINAL PERMIT TO INSTALL CERTIFIED MAIL 

COLUMBIANA COUNTY 

Street Address: 

122 S. Front Street 

Lazarus Gov. CenterTELE: (614) 644-3020 FAX: (614) 644-2329 

Application No: 02-18857 

DATE: 3/18/2004 

Hays Oil Co., Inc. 

Jerry Early 

1080 Elmwood Street 

East Liverpool, OH 43920 

Mailing Address: 

Lazarus Gov. Center 

P.O. Box 1049 

Enclosed please find an Ohio EPA Permit to Install which will allow you to install the descnbed source(s) io a 

manner iodicated io the permit. Because this permit contaios several conditions aod restrictions, I urge you to 

read it carefully. 

The Ohio EPA is urgiog companies to iovestigate pollution prevention and energy conservatiorL Not only will 

this reduce pollution and energy consumption, but it can also save you money. If you would like to learn ways 

you can save money while protectiog the environment, please contact our Office of Pollution Prevention at (614) 

644-3469. 

You are hereby notified that this action by the Director is final and may be appealed to the Ohio Environmental 

Review Appeals Commission pursuant to Chapter 3745.04 of the Ohio Revised Code. The appeal must be io 

writiog and set forth the action complaioed of and the grounds upon which the appeal is based. It must be filed 

within thirty (30) days after the notice of the Directors actiorL A copy of the appeal must be served on the 

Director of the Ohio Environmental Protection Agency withio three (3) days of :filing with the Commission. An 

appeal may be filed with the Environmental Review Appeals Commission at the following address: 

Siocerely, 

PCAdu/V.~ 

Environmental Review Appeals Commission 

309 South Fourth Street, Room 222 

Columbus, Ohio 43215 

Michael W. Ahern, Supervisor 

Field Operations and Permit Section 

Division of Air Pollution Control 

cc: USEPA NEDO 
•• • 

STATE OF OIDO ENVIRONMENTAL PROTECTION AGENCY 

Permit To Install 

Terms and Conditions 

Issne Date: 3/18/2004 

Effective Date: 3/18/2004 

FINAL PERMIT TO INSTALL 02-18857 

Application Number: 

APS Premise Number: 

P=itFee: 

N arne ofF acility: 

Person to Contact: 

Address: 

02-18857 

0215020356 

$800 

Hays Oil Co., Inc. 

Jerry Early 

1080 Elmwood Street 

East Liverpool, OH 43920 

Location of proposed air contaminant source(s) [emissions unit(s)]: 

1080 Elmwood Street 

East Liverpool, Ohio 

Description of proposed emissions unit(s): 

Loading rack with four loading arms, six storage tanks, roadways and parking areas. 

The above named entity is hereby granted a Permit to Install for the above described emissions unit(s) pursuant to 

Chapter 3745-31 of the Ohio Administrative Code. Issuance of this permit does not constitute expressed or 

implied approval or agreement that, if constructed or modified in accordance with the plans included in the 

application, the above described emissions unit(s) of environmental pollutants will operate in compliance with 

applicable State and F ederallaws and regulations, and does not constitute expressed or implied assurance that if 

constructed or modified in accordance with those plans and specifications, the above described emissions unit(s) 

of pollutants will be granted the necessary permits to operate (air) or NPDES permits as applicable. 

This permit is granted subject to the conditions attached hereto. 

~otection Agency 

Director 
3 

Hays Oil Co., Inc. Facility ID: 0215020356 

PTI Application: 02-18857 

Issued: 3/18/2004 

Part I- GENERAL TERMS AND CONDITIONS 

A. Permit to Install General Terms and Conditions 

1. Compliance Requirements 

The emissioru; unit(s) identified in this Permit to lru;tall shall remain in full compliance with all 

applicable State laws and regulatioru; and tbe terms and conditioru; of this pennit. 

2. Reporting Requirements 

The permittee shall submit required reports in the following manner: 

a. Reports of any required monitoring and/or recordkeeping information shall be submitted 

to the appropriate Ohio EPA District Office or local air agency. 

b. Except as otherwise may be provided in the terms and conditioru; for a specific emissioru; 

unit, quarterly written reports of (a) any deviatioru; ( excursioru;) from emission limitatioru;, 

operational restrictioru;, and control device operating parameter limitatioru; that have been 

detected by the testing, monitoring, and recordkeeping requirements specified in this 

permit, (b) the probable cause of such deviatioru;, and (c) any corrective actioru; or 

preventive measures which have been or will be taken, shall be submitted to the 

appropriate Ohio EPA District Office or local air agency. If no deviatioru; occurred during 

a calendar quarter, the permittee shall submit a quarterly report, which states that no 

deviatioru; occurred during that quarter. The reports shall be submitted quarterly, ie., by 

January 31, Apri130, July 31, and October 31 of each year and shall cover the previous 

calendar quarters. (These quarterly reports shall exclude deviatioru; resulting from 

malfunctioru; reported in accordance with OAC rule 3745-15-06.) 

3. Records Retention Requirements 

Each record of any monitoring data, testing data, and support information required pursuant to 

this pennit shall be retained for a period of five years from the date the record was created. 

Support information shall include, but not be limited to, all cahbration and maintenance records 

and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all 

reports required by this permit. Such records may be maintained in computerized form 

4. Inspections and Information Requests 

The Director of the Ohio EPA, or an authorized representative of the Director, may, subject to 

the safety requirements of the permittee and without undue delay, enter upon the premises of this 

source at any reasonable time for purposes of making inspectioru;, conducting tests, examining 

records or reports pertaining to any emission of air contaminants, and determining compliance 

with any applicable State air pollution laws and regulations and the terms and conditioru; of this 

pennit. The permittee shall furnish to the Director of the Ohio EPA, or an authorized 
' 

4 

Hays Oil Co., Inc. Facility ID: 0215020356 

PTI Application: 02-18857 

Issued: 3/18/2004 

representative of the Director, upon receipt of a written request and within a reasonable time, any 

information that may be requested to determine whether cause exists for modifying, reopening or 

revoking this permit or to determine compliance with this permit. Upon verbal or written request, 

the permittee shall also furnish to the Director of the Ohio EP ~ or an authorized representative 

of the Director, copies of records required to be kept by this permit. 

5. Scheduled Maintenance/Malfunction Reporting 

Any scheduled maintenance of air pollution control equipment shall be performed in accordance 

with paragraph (A) of OAC rule 3745-15-06. The malfunction of any emissions units or any 

associated air pollution control system(s) shall be reported to the appropriate Ohio EPA District 

Office or local air agency in accordance with paragraph (B) ofOAC rule 3745-15-06. Except as 

provided in that rule, any scheduled maintenance or malfunction necessitating the shutdown or 

bypassing of any air pollution control system(s) shall be accompanied by the shutdown of the 

emissions unit(s) that is (are) served by such control system(s). 

6. Permit Transfers 

Any transferee of this permit shall assume the responsibilities of the prior permit holder. The 

appropriate Ohio EPA District Office or local air agency must be notified in writing of any 

transfer of this permit. 

7. Air Pollution Nuisance 

The air contaminants emitted by the emissions units covered by this permit shall not cause a public 

nuisance, in violation ofOAC rule 3745-15-07. 

8. Termination of Permit to Install 

This Permit to Install shall terminate within eighteen months of the effective date of the Permit to 

Install if the owner or operator has not undertaken a continuing program of installation or 

modification or has not entered into a binding contractual obligation to undertake and complete 

within a reasonable time a continuing program of installation or modification. This deadline may 

be extended by up to 12 months if application is made to the Director within a reasonable time 

before the termination date and the party shows good cause for any such extension. 

9. Construction of New Sources(s) 

The proposed emissions unit(s) shall be constructed in strict accordance with the plans and 

application submitted for this permit to the Director of the Ohio Environmental Protection 

Agency. There may be no deviation from the approved plans without the express, written 

approval of the Agency. Any deviations from the approved plans or the above conditions may 

lead to such sanctions 
5 

Hays Oil Co., Inc. Facility ID: 0215020356 

PTI Application: 02-18857 

Issued: 3/18/2004 

and penalties as provided under Ohio law. Approval of these plaos does not constitute an 

assurance that the proposed facilities will operate in compliance with all Ohio laws and 

regulations. Additional facilities shall be installed upon orders of the Ohio Environmental 

Protection Agency if the proposed sources canoot meet the requirements of this permit or canoot 

meet applicable standards. 

If the construction of the proposed emissions unit(s) has already begun or has been completed 

prior to the date the Director of the Environmental Protection Agency approves the permit 

application and plaos, the approval does not constitute expressed or implied assurance that the 

proposed facility has been constructed in accordance with the approved plaos. The action of 

begioning and/or completing construction prior to obtaining the Director's approval constitutes a 

violation of OAC rule 3745-31-02. Furthermore, issuance of the Permit to Install does not 

constitute an assurance that the proposed source will operate in compliance with all Ohio laws 

and regulations. Approval of the plaos in aoy case is not to be construed as an approval of the 

facility as constructed and/or completed. Moreover, issuance of the Permit to Install is not to be 

construed as a waiver of aoy rights that the Ohio Environmental Protection Agency (or other 

persons) may have against the applicant for starting construction prior to the effective date of the 

permit. Additional facilities shall be installed upon orders of the Ohio Environmental Protection 

Agency if the proposed facilities canoot meet the requirements of this permit or canoot meet 

applicable standards. 

10. Public Disclosure 

The facility is hereby notified that this permit, aod all agency records concerning the operation of 

this permitted source, are subject to public disclosure in accordance with OAC rule 3745-49-03. 

11. Applicability 

This Permit To Install is applicable only to the emissions unit(s) identified in the P=it To Install. 

Separate P=it To Install for the installation or modification of any other emissions unit(s) are 

required for any emissions unit for which a Permit To Install is required. 

12. Best Available Technology 

As specified in OAC Rule 3745-31-05, all new sources must employ Best Available Technology 

(BAT). Compliance with the terms and conditions of this p=it will fulfill this requirement. 

13. Source Operation and Operating Permit Requirements After Completion of Construction 

This facility is p=itted to operate each source descnbed by this Permit to Install for a period of 

up to one year from the date the source commenced operation. This pennission to operate is 

granted only if the facility complies with all requirements contained in this permit and all 

applicable air pollution laws, regulations, and policies. Pursuant to OAC Chapter 3745-35, the 

permittee shall submit a complete operating permit application within ninety (90) days after 

co=encing operation of the emissions unit(s) covered by this p=it. 
6 

Hays Oil Co., Inc. Facility ID: 0215020356 

PTI Application: 02-18857 

Issued: 3/18/2004 

14. Construction Compliance Certification 

The applicant shall provide Ohio EPA with a written certification (see enclosed form) that the 

facility has been constructed io accordance with the Permit to Install application and the terms and 

conditions of the Permit to Install. The certification shall be provided to Ohio EPA upon 

completion of construction but prior to startup of the source. 

15. Fees 

The permittee shall pay fees to the Director of the Ohio EPA io accordance with ORC section 

3745.11 and OAC Chapter 3745-78. The permittee shall pay all applicable Permit to Install fees 

withio 30 days after the issuance of this Permit to Install. 

B. Permit to Install Summary of Allowable Emissions 

The followiog information summarizes the total allowable emissions, by pollutant, based on the iodividual 

allowable emissions of each air contaminant source identified io this permit. 

SUMMARY (for informational purposes only) 

TOTAL PERMIT TO INSTALL ALLOW ABLE EMISSIONS 

Pollutant 

PM 

oc 

Tons Per Year 

1.0 

2.0 
20 

Hays Oil Co., Inc. Facility ID: 0215020356 

PTI Annlication: 02-18857 

Issued 

Emissions Unit ID: T003 

PART II- SPECIAL TERMS AND CONDITIONS FOR SPECIFIC EMISSIONS UNIT(S) 

A. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or reqillrements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not exceed 

the listed limitations, and the listed control measures shall be specified in narrative form following 

the table. 

Operations, Property, 

and/or Equipment Applicable Rules/Regillrements 

Applicable Emissions 

Limitations/Control Measures 

T003 - 12,000 gallon, cylindrical, 

steel, diesel tank (T -4) with fixed 

roof 

OAC rule 3745-31-05(A)(3) 

OAC rule 3745-21-09(L) 

See Sections A.2.a and b. 

Exempt. See Section A.2.c. 

40 CFR 60, Subpart Kb Exempt. See Section A.2.d. 

2. Additional Terms and Conditions 

2.a Combined emissions from emissions units TOOl, T002, T003, T004, T005 and T006 (tanks 

T-1, T-2, T-4, T-5, T-9 and T-10) shall not exceed 1.0 ton organic compounds per year. 

2.b This emissions unit shall use a submerged fill pipe. 

2.c In accordance with OAC rule 3745-21-09(L)(2), this storage tank is exempt from the 

reqillrements of OAC rule 37 45-21-09(L )(1) because the tank has a capacity ofless than 

40,000 gallons. 

2.d In accordance with 40 CFR 60.110b(a), this storage tank is exempt from the requirements 

of Subpart Kb because the tank has a capacity less than 75m3 (19,815 gallons). 

B. Operational Restrictions 

1. This storage tank shall contain only diesel (distillate fuel oil no. 2) with a maximum vapor pressure 

no greater than 15.0 kPa (2.176 psi). 

C. Monitoring and/or Recordkeeping Requirements 

4466.wpd 
21 

Hays ( 

PTIA Emissions Unit ID: T003 

Issued: 3/18/2004 

1. The permittee shall maintain monthly records documenting 1) the throughput of diese~ in gallons 

per month; and 2) the throughput of diesel to date for the calendar year, in gallons per year. 

2. The permittee shall keep readily accessible records showing the dimension of the storage vessel 

and an analysis showing the capacity of the storage vessel for the life of the emissions unit. 

D. Reporting Requirements 

1. The permittee shall a deviation report to the Ohio EPA, Northeast District Office, if the storage 

tank is filled with any other liquid other than diesel (distillate fuel oil no. 2) within 30 days of the 

occurrence. 

2. The permittee shall a deviation report to the Ohio EPA, Northeast District Office, if the storage 

tank is filled by any other means other than by a submerged fill pipe. 

3. The permittee shall submit a deviation report to the Ohio EPA, Northeast District Office, if the 

combined organic compound emissions from TOOl, T002, T003, T004, TOOS and T006 

exceeds 1. 0 ton per year. This report shall be submitted by January 31, covering the 

previous calendar year. 

E. Testing Requirements 

1. Emission Limitation: 

Combined emissions from emissions uuits TOOl, T002, T003, T004, TOOS and T006 (tanks T-1, 

T-2, T-4, T-5, T-9 and T-10) shall not exceed 1.0 ton organic compounds (OC) per year. 

Applicable Compliance Method: 

To demonstrate compliance with the annual limit of 1.0 ton per year ofOC emissions, the 

permittee shall calculate the annual OC emissions in ton per year using the latest version ofU.S. 

EPA's TANKS software (currently TANKS 4.0). 

F. Miscellaneous Requirements 

None 

4466.wpd 
Example Of A permit Issued in 2004 

That Would not Have Been Subject To 

The Exemption Pursuant to OAC Rule 

37 45-31-03(A)( 1 )(l)(iv) 
State of Ohio Environmental Protection Agency 

RE: FINAL PERMIT TO INSTALL CERTIFIED MAIL 

ADAMS COUNTY 

Street Address: 

122 S. Front Street 

Lazarus Gov. CenterTELE: (614) 644-3020 FAX: (614) 644-2329 

Application No: 07-00547 

Fac ID: 070 I 000070 

DATE: 5/5/2005 

Ershigs, Inc. 

Bruce Smith 

742 Marine Drive Box 1707 

Bellingham, W A 98227 

Mailing Address: 

r:azarus Gov. Center 

P.O. Box 1049 

Enclosed please find an Ohio EPA Permit to Install which will allow you to install the descnbed source(s) in a 

manner indicated in the permit. Because this permit contains several conditions and restrictions, I urge you to 

read it carefully. 

The Ohio EPA is urging companies to investigate pollution prevention and energy conservation. Not only will 

this reduce pollution and energy consumption, but it can also save you money. If you would like to learn ways 

you can save money while protecting the environment, please contact our Office of Pollution Prevention at (614) 

644-3469. 

You are hereby notified that this action by the Director is final and may be appealed to the Ohio Environmental 

Review Appeals Commission pursuant to Chapter 3745.04 of the Ohio Revised Code. The appeal must be in 

writing and set forth the action complained of and the grounds upon which the appeal is based. It must be filed 

within thirty (30) days after the notice of the Directors action. A copy of the appeal must be served on the 

Director of the Ohio Environmental Protection Agency within three (3) days of filing with the Commission. An 

appeal may be filed with the Environmental Review Appeals Commission at the following address: 

Sincerely, 

7¥...Ldul '1,/ ~ 

Environmental Review Appeals Commission 

309 South Fourth Street, Room 222 

Columbus, Ohio 43215 

Michael W. Ahern, Manager 

Permit Issuance and Data Management Section 

Division of Air Pollution Control 

cc: USEPA PCHD 
STATE OF OIDO ENVIRONMENTAL PROTECTION AGENCY 

Permit To Install 

Terms and Conditions 

Issue Date: 5/5/2005 

Effective Date: 5/5/2005 

FINAL PERMIT TO INSTALL 07-00547 

Application Number: 07-00547 

Facility ID: 0701000070 

Permit Fee: $900 

Name ofFacility: Ersbigs, Inc. 

Person to Contact: Bruce Smith 

Address: 7 42 Marine Drive Box 1707 

Bellingham, W A 98227 

Location of proposed air contaminant source(s) [emissions unit(s)]: 

745 US Highway 52 

Manchester, Ohio 

Description of proposed emissions unit(s ): 

Ershigs Inc. will construct and operate a temporary manufactnring facility for(FRP) chimney liners and 

jet bubbling reactors for DPL J.M. Stuart Station. 

The above named entity is hereby granted a Permit to Install for the above described emissions unit(s) pursuant to 

Chapter 3745-31 of the Ohio Administrative Code. Issuance of this permit does not constitute expressed or 

implied approval or agreement that, if constructed or modified in accordance with the plans included in the 

application, the above described emissions unit( s) of enviromnental pollutants will operate in compliance with 

applicable State and Federal laws and regulations, and does not constitute expressed or implied assurance that if 

constructed or modified in accordance with those plans and specifications, the above described emissions unit(s) 

of pollutants will be granted the necessary permits to operate (air) or NPDES permits as applicable. 

This permit is granted subject to the conditions attached hereto. 

Ohio Enviromnental Protection Agency 

Jrff-JJ! 

Director 
3 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

Part I- GENERAL TERMS AND CONDITIONS 

A. State and Federally Enforceable Permit To Install General Terms and Conditions 

1. Monitoring and Related Recordkeeping and Reporting Requirements 

a. Except as may otherwise be provided in the terms and conditions for a specific emissions 

unit, the permittee shall maintain records that include the following, where applicable, for 

any required monitoring under this permit: 

i. The date, place (as defined in the permit), and time of sampling or measurements. 

n. The date( s) analyses were performed. 

m. The company or entity that performed the analyses. 

IV. The analytical techniques or methods used. 

v. The results of such analyses. 

VI. The operating conditions existing at the time of sampling or measurement. 

b. Each record of any monitoring data, testing data, and support information required 

pursuant to this permit shall be retained for a period of five years from the date the record 

was created. Support information shall include, but not be limited to, all cahbration and 

maintenance records and all original strip-chart recordings for continuous monitoring 

instrumentation, and copies of all reports required by this permit. Such records may be 

maintained in computerized form. 

c. Except as may otherwise be provided in the terms and conditions for a specific emissions 

unit, the permittee shall submit required reports in the following manner: 

1. Reports of any required monitoring and/or recordkeeping of federally enforceable 

information shall be submitted to the appropriate Ohio EPA District Office or local 

air agency. 

ii. Quarterly written reports of (i) any deviations from federally enforceable emission 

limitations, operational restrictions, and control device operating parameter 

limitations, excluding deviations resulting from malfunctions reported in 

accordance with OAC rule 3745-15-06, that have been detected by the testing, 

monitoring and recordkeeping requirements specified in this permit, (ii) the 

probable cause of such deviations, and (iii) any corrective actions or preventive 

measures taken, shall be made to the appropriate Ohio EPA District Office or 

local air agency. The written reports shall be submitted quarterly, i.e., by January 

31, April30, July 31, and October 31 of each year and shall cover the previous 
4 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

calendar quarters. See B.9 below if no deviations occurred duriog the quarter. 

m. Written reports, which identifY any deviations from the federally enforceable 

monitoring. recordkeeoing, and reporting requirements contained in this permit 

shall be submitted to the appropriate Ohio EPA District Office or local air agency 

every six months, i.e., by January 31 and July 31 of each year for the previous six 

calendar months. If no deviations occurred duriog a six-month period, the 

permittee shall submit a semi-annual report, which states that no deviations 

occurred duriog that period. 

IV. Each written report shall be signed by a responsible official certifYing that, based 

on information and belief formed after reasonable inquiry, the statements and 

information in the report are true, accurate, and complete. 

2. Scheduled Maintenance/MaHunction Reporting 

Any scheduled maiotenance of air pollution control equipment shall be performed io accordance 

with paragraph (A) ofOAC rule 3745-15-06. The malfunction, i.e., upset, of any emissions units 

or any associated air pollution control system(s) shall be reported to the appropriate Ohio EPA 

District Office or local air agency io accordance with paragraph (B) ofOAC rule 3745-15-06. 

(The definition of an upset condition shall be the same as that used io OAC rule 3745-15-06(B)(1) 

for a malfunction.) The verbal and written reports shall be submitted pursuant to OAC rule 

3745-15-06. 

Except as provided io that rule, any scheduled maiotenance or malfunction necessitatiog the 

shutdown or bypassing of any air pollution control system(s) shall be accompanied by the 

shutdown of the emission unit(s) that is (are) served by such control system(s). 

3. Risk Management Plans 

If the permittee is required to develop and register a risk management plan pursuant to section 

112(r) of the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. ("Act"), the permittee shall 

comply with the requirement to register such a plan. 

4. Title IV Provisions 

If the permittee is subject to the requirements of 40 CFR Part 72 concerning acid rain, the 

permittee shall ensure that any affected emissions unit complies with those requirements. 

Emissions exceeding any allowances that are lawfully held under Title IV of the Act, or any 

regulations adopted thereunder, are prohibited. 

5. Severability Clause 

A determination that any term or condition of this permit is iovalid shall not iovalidate the force or 

effect of any other term or condition thereof; except to the extent that any other term or condition 

depends io whole or io part for its operation or implementation upon the term or condition 
5 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

declared invalid. 

6. General Requirements 

a. The permittee must comply with all terms and conditions of this permit. Any 

noncompliance with the federally enforceable terms and conditions of this permit 

constitutes a violation of the Act, and is grounds for enforcement action or for permit 

revocation, revocation and reissuance, or modification, or for denial of a permit renewal 

application. 

b. It shall not be a defense for the permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the 

federally enforceable terms and conditions of this permit. 

c. This permit may be modified, reopened, revoked, or revoked and reissued, for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or 

revocation, or of a notification of planned changes or anticipated noncompliance does not 

stay any term and condition of this permit. 

d. This permit does not convey any property rights of any sort, or any exclusive privilege. 

e. The permittee shall furnish to the Director of the Ohio EPA, or an authorized 

representative of the Director, upon receipt of a written request and within a reasonable 

time, any information that may be requested to determine whether cause exists for 

modifying, reopening or revoking this permit or to determine compliance with this permit. 

Upon request, the permittee shall also furnish to the Director or an authorized 

representative of the Director, copies of records required to be kept by this permit. For 

information claimed to be confidential in the submittal to the Director, if the Administrator 

ofthe U.S. EPA requests such information, the permittee may furnish such records 

directly to the Administrator along with a claim of confidentiality. 

7. Fees 

The permittee shall pay fees to the Director of the Ohio EPA in accordance with ORC section 

3745.11 and OAC Chapter 3745-78. The permittee shall pay all applicable Permit To Install fees 

within 30 days after the issuance of this Permit To Install. 

8. Federal and State Enforceability 

Only those terms and conditions designated in this permit as federally enforceable, that are 

required under the Act, or any of its applicable requirements, including relevant provisions 

designed to limit the potential to emit of a source, are enforceable by the Administrator of the 

U.S. EPA, the State, and citizens under the Act. All other terms and conditions of this permit 

shall not be federally enforceable and shall be enforceable under State law only. 
6 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

9. Compliance Requirements 

a. Any document (including reports) required to be submitted and required by a federally 

applicable requirement in t:lris permit shall include a certification by a responsible official 

that, based on information and beliefformed after reasonable inquiry, the statements in the 

document are true, accurate, and complete. 

b. Upon presentation of credentials and other documents as may be required by law, the 

permittee shall allow the Director of the Ohio EPA or an authorized representative of the 

Director to: 

1. At reasonable times, enter upon the permittee's premises where a source is located 

or the emissions-related activity is conducted, or where records must be kept 

under the conditions of this permit. 

n. Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of this permit, subject to the protection from disclosure to the public 

of confidential information consistent with ORC section 3704.08. 

iii. Inspect at reasonable times any fucilities, equipment (including monitoring and air 

pollution control equipment), practices, or operations regulated or required under 

this permit. 

IV. As authorized by the Act, sample or monitor at reasonable times substances or 

parameters for the purpose of assuring compliance with the permit and applicable 

requirements. 

c. The permittee shall submit progress reports to the appropriate Ohio EPA District Office or 

local air agency concerning any schedule of compliance for meeting an applicable 

requirement. Progress reports shall be submitted semiannually, or more frequently if 

specified in the applicable requirement or by the Director of the Ohio EPA. Progress 

reports shall contain the following: 

1. Dates for achieving the activities, milestones, or compliance required in any 

schedule of compliance, and dates when such activities, milestones, or compliance 

were achieved. 

11. An expla!lation of why any dates in any schedule of compliance were not or will 

not be met, and any preventive or corrective measures adopted. 
7 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

10. Permit To Operate Application 

a. If the permittee is required to apply for a Title V permit pursuant to OAC Chapter 

3745-77, the permittee shall submit a complete Title V permit application or a complete 

Title V permit modilication application within twelve (12) months after commencing 

operation of the emissions units covered by this permit. However, if the proposed new or 

modified source(s) would be prohibited by the terms and conditions of an existing Title V 

permit, a Title V permit modification must be obtained before the operation of such new 

or modilied source(s) pursuant to OAC rule 3745-77-04(D) and OAC rule 

3745-77-08(C)(3)(d). 

b. If the permittee is required to apply for permit(s) pursuant to OAC Chapter 3745-35, the 

source(s) identified in this Permit To Install is (are) permitted to operate for a period of up 

to one year from the date the source(s) commenced operation. Permission to operate is 

granted only if the facility complies with all requirements contained in this permit and all 

applicable air pollution laws, regulations, and policies. Pursuant to OAC Chapter 3745-35, 

the permittee shall submit a complete operating permit application within ninety (90) days 

after commencing operation of the source(s) covered by this permit. 

11. Best Available Technology 

As specified in OAC Rule 3745-31-05, all new sources must employ Best Available Technology 

(BAT). Compliance with the terms and conditions of this permit will fulfill this requirement. 

12. Air Pollution Nuisance 

The air contaminants emitted by the emissions units covered by this permit shall not cause a public 

nuisance, in violation of OAC rule 3 7 45-15-07. 
8 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

B. State Only Enforceable Permit To Install General Terms and Conditions 

1. Compliance Requirements 

The emissions unit( s) identified in this Permit to Install shall remain in full compliance with all 

applicable State laws and regulations and the terms and conditions of this permit. 

2. Reporting Requirements 

The permittee shall submit required reports in the following manner: 

a. Reports of any required monitoring and/or recordkeeping of state-only enforceable 

information shall be submitted to the appropriate Ohio EPA District Office or local air 

agency. 

b. Except as otherwise may be provided in the terms and conditions for a specific emissions 

unit, quarterly written reports of (a) any deviations (excursions) from state-only required 

emission limitations, operational restrictions, and control device operating parameter 

limitations that have been detected by the testing, monitoring, and recordkeeping 

requirements specified in this permit, (b) the probable cause of such deviations, and (c) 

any corrective actions or preventive measures which have been or will be taken, shall be 

submitted to the appropriate Ohio EPA District Office or local air agency. If no 

deviations occurred during a calendar quarter, the permittee shall submit a quarterly 

report, which states that no deviations occurred during that quarter. The reports shall be 

submitted quarterly, i.e., by January 31, April30, Jnly 31, and October 31 of each year 

and shall cover the previous calendar quarters. (These quarterly reports shall exclude 

deviations resulting from malfunctions reported in accordance with OAC rule 

3745-15-06.) 

3. Permit Transfers 

Any transferee of this permit shall assume the responsibilities of the prior permit holder. The 

appropriate Ohio EPA District Office or local air agency must be notified in writing of any 

transfer of this permit. 

4. Termination of Permit To Install 

This permit to install shall terminate within eighteen months of the effective date of the permit to 

install if the owner or operator has not undertaken a continuing program of installation or 

modification or has not entered into a binding contractual obligation to undertake and complete 
9 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

within a reasonable time a continuing program of installation or modification. This deadline may 

be extended by up to 12 months if application is made to the Director within a reasonable time 

before the terminstion date and the party shows good cause for any such extension. 

5. Construction of New Sources(s) 

The proposed emissions unit(s) shall be constructed in strict accordance with the plans and 

application submitted for this permit to the Director of the Ohio Environmental Protection 

Agency. There may be no deviation from the approved plans without the express, written 

approval of the Agency. Any deviations from the approved plans or the above conditions may 

lead to such sanctions and penalties as provided under Ohio law. Approval of these plans does 

not constitute an assurance that the proposed facilities will operate in compliance with all Ohio 

laws and regulations. Additional facilities shall be installed upon orders of the Ohio 

Environmental Protection Agency if the proposed sources cannot meet the requirements of this 

permit or cannot meet applicable standards. 

If the construction of the proposed emissions unit(s) has already begun or has been completed 

prior to the date the Director of the Environmental Protection Agency approves the permit 

application and plans, the approval does not constitute expressed or implied assurance that the 

proposed fucility has been constructed in accordance with the approved plans. The action of 

beginning and/or completing construction prior to obtaining the Director's approval constitutes a 

violation ofOAC rule 3745-31-02. Furthermore, issuance of the Permit to Install does not 

constitute an assurance that the proposed source will operate in compliance with all Ohio laws 

and regulations. Approval of the plans in any case is not to be construed as an approval of the 

facility as constructed and/or completed. Moreover, issuance of the Permit to Install is not to be 

construed as a waiver of any rights that the Ohio Environmental Protection Agency (or other 

persons) may have against the applicant for starting construction prior to the effective date of the 

permit. Additional fucilities shall be installed upon orders of the Ohio Environmental Protection 

Agency if the proposed fucilities cannot meet the requirements of this permit or cannot meet 

applicable standards. 

6. Public Disclosure 

The facility is hereby notified that this permit, and all agency records concerning the operation of 

this permitted source, are subject to public disclosure in accordance with OAC rule 3745-49-03. 

7. Applicability 

This Permit to Install is applicable only to the emissions unit(s) identified in the Permit To Install. 

Separate application must be made to the Director for the installation or modification of any other 

emissions unit( s). 

8. Construction Compliance Certification 
10 

Ershigs, Inc. Facility ID: 0701000070 

PTI Application: 07-00547 

Issued: 5/5/2005 

If applicable, the applicant shall provide Ohio EPA with a written certification (see enclosed form 

if applicable) that the facility has been constructed in accordance with the Permit To Install 

application and the terms and conditions of the Permit to Install. The certification shall be 

provided to Ohio EPA upon completion of construction but prior to startup of the source. 

9. Additional Reporting Requirements When There Are No Deviations of Federally 

Enforceable Emission Limitations, Operational Restrictions, or Control Device Operating 

Parameter Limitations (See Section A of This Permit) 

If no deviations occurred during a calendar quarter, the permittee shall submit a quarterly report, 

which states that no deviations occurred during that quarter. The reports shall be submitted 

quarterly, i.e., by January 31, April30, July 31, and October 31 of each year and shall cover the 

previous calendar quarters. 

C. Permit To Install Summary of Allowable Emissions 

The following information summarizes the total allowable emissions, by pollutant, based on the individual 

allowable emissions of each air contaminant source identified in this permit. 

SUMMARY (for informational purposes only) 

TOTAL PERMIT TO INSTALL ALLOWABLE EMISSIONS 

Pollutant 

voc 

Tons Per Year 

39.77 
12 

Ershigs, Inc. 

PTI Application: 07-00547 

Issued: 5/5/2005 

Part II- FACILITY SPECIFIC TERMS AND CONDITIONS 

Facility ID: 0701000070 

A. State and Federally Enforceable Permit To Install Facility Specific Tenus and Conditions 

1. 40 CFR- CHAPTER I-PART 63 

Subpart WWWW- National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic 

Composites Production 

[The following emissions units contained in this permit are subject to 40 CFR 63, Subpart WWWW: POOl, P002, 

P003, TOOl, T002, T003.] 

§§ 63.5780 What is the purpose of this subpart? 

This subpart establishes national emissions standards for hazardous air pollutants (NESHAP) for reinforced 

plastic composites production. This subpart also establishes requirements to demonstrate initial and continuous 

compliance with the hazardous air pollutants (HAP) emissions standards. 

§§ 63.5785 Am I subject to this subpart? 

(a) You are subject to this subpart if you own or operate a reinforced plastic composites production fucility that 

is located at a major source of HAP emissions. Reinforced plastic composites production is limited to operations 

in which reinforced and/or nomeinforced plastic composites or plastic molding compounds are manufuctured 

using thermoset resins and/or gel coats that contain styrene to produce plastic composites. The resins and gel 

coats may also contain materials designed to enhance the chemical, physical, and/or thermal properties of the 

product. Reinforced plastic composites production also includes cleaning, mixing, HAP-containing materials 

storage, and repair operations associated with the production of plastic composites. 

(b) You are not subject to this subpart if your fucility only repairs reinforced plastic composites. Repair includes 

the non-routine manufacture of individual components or parts intended to repair a larger item as defined in §§ 

63.5935 

(c) You are not subject to this subpart if your fucility is a research and development facility as defined in section 

112(c)(7) of the Clean Air Act (CAA). 

(d) You are not subject to this subpart if your reinforced plastic composites operations use less than 1.2 tons per 

year (tpy) of thermoset resins and gel coats that contain styrene combined. 

§§ 63.5787 What if I also manufacture fiberglass boats or boat parts? 

(a) If your source meets the applicability criteria in§§ 63.5785, and is not subject to the Boat Manufacturing 

NESHAP (40 CFR part 63, subpart VVVV), you are subject to this subpart regardless of the final use of the 

parts you manufacture. 

(b) If your source is subject to 40 CFR part 63, subpart VVVV, and all the reinforced plastic composites you 

manufacture are used in manufacturing your boats, you are not subject to this subpart. 

(c) If you are subject to 40 CFR part 63, subpart VVVV, and meet the applicability criteria in§§ 63.5785, and 

produce reinforced plastic composites that are not used in fiberglass boat manufucture at your facility, all 

operations associated with the manufacture ofthe reinforced plastic composites parts that are not used in 
124 

Ershi~ 

PTIA 

Issued: 5/5/2005 

Emissions Unit ID: TOOl 

Part ill- SPECIAL TERMS AND CONDITIONS FOR SPECIFIC EMISSIONS UNIT(S) 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed io the followiog table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified io narrative form 

followiog the table. 

Operations, Property, 

and/or Equipment 

TOOl - Storage Tank 1 -

10,000 gallon fixed roof 

resio storage tank with 

permanent submerged fill 

ptpe. 

Applicable Rules/Requirements 

OAC rule 3745-31-05 (A)(3) 

OAC rule 3745-21-07 (D)(2) 

40 CFR Part 63 Subpart WWWW 

Reinforced Plastic Composites 

Production 

2. Additional Terms and Conditions 

Applicable Emissions Limitations/Control 

Measures 

Volatile Organic Compound (VOC)* 

emissions from the emissions unit shall not 

exceed 0.005 lb/hr and 0.022 tpy. 

See section A.2.bbelow 

See section A.2.a below. 

See Facility Specific Terms and 

Conditions, Part II, A.l 

* For the purposes of this permit, all 

Organic Compound (OC) emissions and 

HAP emissions are considered VOC 

emissions. VOC emissions ioclude HAPs, 

Styrene and MEK. 

2.a The storage vessel shall be equipped with a permanent submerged fill pipe. 

2.b The hourly and annual allowables represent the maximum production capacity of this 
125 

Ershi~ 

PTIA 

Issued: 5/5/2005 

Emissions Unit ID: TOOl 

emissions unit; therefore, no monitoring or recordkeeping is required to demonstrate 

compliance. 
126 

Ershi~ 

PTIA Emissions Unit ID: TOOl 

Issued: 5/5/2005 

II. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

1. Compliance with the allowable emission limitations in this permit shall be determined according to 

the following methods: 

a. Emissions Limitation 

VOC emissions from this emissions unit shall not exceed 0.005 lbslhr and 0.022 tpy. 

Applicable Compliance Method: 

The permittee shall demonstrate compliance using the potential to emit of this emissions 

unit as calculated in the PTI application. The potential to emit is based upon the latest 

version of the TANKS program, the maximum tank material throughput, and the 

assumption the tank contains 100% styrene. The annual emissions shall be multiplied by 

2000 lb/ton and divided by 8760 hr/yr to obtain the hourly emission limitation. 

VI. Miscellaneous Requirements 

None. 
127 

Ershi~ 

PTIA 

Issued: 5/5/2005 

B. State Only Enforceable Section 

Emissions Unit ID: TOO 1 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

following the table. 

Operations, Property, 

and/or Equipment 

TOO 1 - Storage Tank 1 -

10,000 gallon fixed roof 

resin storage tank with 

permanent submerged fill 

p1pe. 

Applicable Rules/Requirements 

2. Additional Terms and Conditions 

2.a None 

ll. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

None 

VI. Miscellaneous Requirements 

Applicable Emissions Limitations/Control 

Measures 
128 

Ershigs, Inc. Facility ID: 0701000070 

PTI A--l.:-~.....:--~ tv, nn~"""' 

Issued 

Emissions Unit ID: TOO 1 

None 
129 

Ershi! 

PTIA 

Issued: 5/5/2005 

Emissions Unit ID: T002 

Part ill- SPECIAL TERMS AND CONDITIONS FOR SPECIFIC EMISSIONS UNIT(S) 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

following the table. 

Operations, Property, 

and/or Equipment 

T002 - Storage Tank 2 -

10,000 gallon fixed roof 

resin storage tank with 

permanent submerged fill 

p1pe. 

APPlicable Rules/Requirements 

OAC rule 3745-31-05 (A)(3) 

OAC rule 3745-21-07 (D)(2) 

40 CFR Part 63 Subpart WWWW 

Reinforced Plastic Composites 

Production 

2. Additional Terms and Conditions 

Applicable Emissions Limitations/Control 

Measures 

Volatile Organic Compound (VOC)* 

emissions from the emissions unit shall not 

exceed 0.005 lb!hr and 0.022 tpy. 

See section A.2.b below 

See section A.2.a below. 

See Facility Specific Terms and 

Conditions, Part II, A.l 

* For the purposes of this permit, all 

Organic Compound (OC) emissions and 

HAP emissions are considered VOC 

emissions. VOC emissions include HAPs, 

Styrene and MEK.. 

2.a The storage vessel shall be equipped with a permanent submerged fill pipe. 

2.b The hourly and annual allowables represent the maximum production capacity of this 
130 

Ershi! 

PTIA 

Issued: 5/5/2005 

Emissions Unit ID: T002 

emissions unit; therefore, no monitoring or record keeping is required to demonstrate 

compliance. 
131 

Ershi~ 

PTIA Emissions Unit ID: T002 

Issued: 5/5/2005 

IT. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

1. Compliance with the allowable emission limitations in this pennit shall be detennined according to 

the following methods: 

a. Emissions Limitation 

VOC emissions from this emissions unit shall not exceed 0.005 lbslbr and 0.022 tpy. 

Applicable Compliance Method: 

The pennittee shall demonstrate compliance using the potential to emit of this emissions 

unit as calculated in the PTI application. The potential to emit is based upon the latest 

version of the TANKS program, the maximum tank material throughput, and the 

assumption the tank contains 100% styrene. The annual emissions shall be multiplied by 

2000 lb/ton and divided by 8760 br/yr to obtain the hourly emission limitation. 

VI. Miscellaneous Requirements 

None. 
132 

Ershi~ 

PTIA 

Issued: 5/5/2005 

B. State Only Enforceable Section 

Emissions Unit ID: T002 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

following the table. 

Operations, Property, 

and/or Equipment 

T002- Storage Tank 2 -

I 0,000 gallon fixed roof 

resin storage tank with 

permanent submerged fill 

pipe. 

Applicable Rules/Requirements 

2. Additional Terms and Conditions 

2.a None 

II. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

None 

VI. Miscellaneous Requirements 

Applicable Emissions Limitations/Control 

Measures 
133 

Ershi~ 

PTIA 

Issued: 5/5/2005 

None 

Emissions Unit ID: T002 
134 

Ershi~ 

PTIA 

Issued: 5/5/2005 

Emissions Unit ID: T003 

Part ill- SPECIAL TERMS AND CONDITIONS FOR SPECIFIC EMISSIONS UNIT(S) 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

following the table. 

Operations, Property, 

and/or Equipment 

T003 - Storage Tank 3 -

10,000 gallon fixed roof 

resin storage tank with 

permanent submerged fill 

ptpe. 

Applicable Rules/Requirements 

OAC rule 3745-31-05 (A)(3) 

OAC rule 3745-21-07 (D)(2) 

40 CFR Part 63 Subpart WWWW 

Reinforced Plastic Composites . 

Production 

2. Additional Terms and Conditions 

Applicable Emissions Limitations/Control 

Measures 

Volatile Organic Compound (VOC)* 

emissions from the emissions unit shall not 

exceed 0.005 lblhr and 0.022 tpy. 

See section A.2.b below 

See section A.2.a below 

See Facility Specific Terms and 

Conditions, Part II, A.! 

* For the purposes of this permit, all 

Organic Compound (OC) emissions and 

HAP emissions are considered VOC 

emissions. VOC emissions include HAPs, 

Styrene and MEK 

2.a The storage vessel shall be equipped with a permanent submerged fill pipe. 

2.b The hourly and annual allowables represent the maxinmm production capacity of this 

emissions unit; therefore, no monitoring or record keeping is required to demonstrate 
135 

Ershigs, Inc. 

PTI A--"--"'--· 

Issued 

compliance. 

Facility ID: 0701000070 

Emissions Unit ID: T003 

II. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

1. Compliance with the allowable emission limitations in this permit shall be determined according to 

the following methods: 

a. Emissions Limitation: 

VOC emissions from this emissions unit shall not exceed 0.005 lbslhr and 0.022 tpy. 

Applicable Compliance Method: 

The permittee shall demonstrate compliance using the potential to emit of this emissions 

unit as calculated in the PTI application. The potential to emit is based upon the latest 

version of the TANKS program, the maximum tank material throughput, and the 

assumption the tank contains 100% styrene. The annual emissions shall be multiplied by 

2000 lb/ton and divided by 8760 hr/yr to obtain the hourly emission limitation. 

VI. Miscellaneous Requirements 

None 
136 

Ershi~ 

PTIA 

Issued: 5/5/2005 

B. State Only Enforceable Section 

Emissions Unit ID: T003 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operations(s), property, and/or equipment which constitute this emissions unit are 

listed in the following table along with the applicable rules and/or requirements and with the 

applicable emissions limitations and/or control measures. Emissions from this unit shall not 

exceed the listed limitations, and the listed control measures shall be specified in narrative form 

fo !lowing the table. 

Operations, Property, 

and/or Equipment 

T003 - Storage Tank 3 -

10,000 gallon fixed roof 

resin storage tank with 

permanent submerged fill 

p1pe. 

Applicable Rules/Requirements 

2. Additional Terms and Conditions 

2.a None 

ll. Operational Restrictions 

None 

ill. Monitoring and/or Recordkeeping Requirements 

None 

IV. Reporting Requirements 

None 

V. Testing Requirements 

None 

VI. Miscellaneous Requirements 

Applicable Emissions Limitations/Control 

Measures 
137 

Ershi~ 

PTIA 

Issued: 5/5/2005 

None 

Emissions Unit ID: T003 
Examples Of Permits Issued in 2004 

Where BAT Did Not Require 

Submerged Fill 
Facility Name: LANXESS CORPORATION ADDYSTON, OH PLANT 

Facility ID: 14-31-111-11054 

Emissions Unit: A~25 TANK (T023) 

Part Ill ·Terms and Conditions for Emissions Units 

Emissions Unit ID: 

Activity Description: 

A-25 TANK (T023) 

TANK 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operation(s), property, and/or equipment which constitute this emissions unit are listed in 

the following table along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from this unit shall not exceed the listed 

limitations, and the listed control measures shall be employed. Additional applicable emissions 

limitations and/or control measures (if any) may be specified in narrative form following the table. 

Operations, Property, 

and/or Equipment 

1 0 ,500-gallon, fixed roof storage 

tank, storing tertiary dodecyl 

mercaptan 

2. Additional Terms and Conditions 

None 

II. Operational Restrictions 

Applicable Rules/ 

Requirements 

OAC rule 37 45-31-05(A)(3) 

(PTI 14-2058) 

OAC rule 3745-21-07(0) 

Applicable Emissions 

Limitations/Control 

Measures 

1.23 tpy of organic compounds 

See section A.ll.1 below. 

1. If the permittee stores a volatile photochemically reactive material, as defined in OAC rule 37 45-21-01 (C)(7) in 

this emissions unit the permitteee shall comply with the requirements of OAC rule 3745-21-07(0). 

Ill. Monitoring and/or Record Keeping Requirements 

1. The permittee shall maintain the following information for each material stored in this emissions unit: 

a. the identification of the material stored: and 

b. whether or not the material stored is a volatile photochemically reactive material, as defined in OAC rule 

37 45-21-01 (C)(7). 

IV. Reporting Requirements 

1. The permittee shall notify the Hamilton County Department of Environmental Services of any volatile 

photochemically reactive material stored in this emissions unit. The notification shall be submitted within thirty 

days after the commencement of the storage of a volatile photochemically reactive material. 

V. Testing Requirements 

1. Compliance with the emission limitation in section A.l.1 of these terms and conditions shall be determined in 

accordance with the following method: 

ntle V Final Permit Page 251 

Terms and Conditions for Emissions Units 
V. Testing Requirements (continued) 

1.a Emission Limitation: 

1.23 tpy of organic compounds 

Applicable Compliance Method: 

Facility Name: 

Facility ID: 

LANXESS CORPORATION ADDYSTON, OH PLANT 

14-31-111-11054 

Emissions Unit: A-25 TANK {T023) 

The permittee may demonstrate compliance by using emission factors from USEPA reference document 

AP-42, fifth edition, Section 7 .1, organic liquid storage tanks (September 1997). 

VI. Miscellaneous Requirements 

None 

Title V Final Permit 

Terms and Conditions for Emissions Units 

Page 252 
Facility Name: LANXESS CORPORATION ADDYSTON, OH PLANT 

Facility ID: 14·31-111-0054 

Emissions Unit: AR28 TANK (T025) 

Part Ill -Terms and Conditions for Emissions Units 

Emissions Unit ID: 

Activity Description: 

A-28 TANK (T025) 

TANK 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operation(s), property, and/or equipment which constitute this emissions unit are listed in 

the following table along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from this unit shall not exceed the listed 

limitations, and the listed control measures shall be employed. Additional applicable emissions 

limitations and/or control measures (if any) may be specified in narrative form following the table. 

Operations, Property, 

and/or Equipment 

11 ,000-gallon fixed roof storage 

tank, storing dibutyl fumarate 

2. Additional Terms and Conditions 

None 

II. Operational Restrictions 

Applicable Rules/ 

Requirements 

OAC rule 37 45-31-05{A)(3) 

(PTI 14-02058) 

40 CFR Part 60, Subpart Kb 

OAC rule 3745-21-07(0) 

Applicable Emissions 

Limitations/Control 

Measures 

0.89 tpy of organic compounds 

None 

See section A.ll.1 below. 

1. If the permittee stores a volatile photochemically reactive material, as defined in OAC rule 3745-21-01(C)(7), 

in this emissions unit, the permittee shall comply with the requirements of OAC rule 3745-21-07(0)(1). 

Ill. Monitoring and/or Record Keeping Requirements 

1. The permittee shall keep readily accessible records showing the dimensions of the storage vessel and an 

analysis showing the capacity of the storage vessel. 

[40 CFR 60.116b(a) and (b)] 

2. The permittee shall maintain the following information for each material stored in this emissions unit: 

a. the identification of the material stored; and 

b. whether or not the material is a volatile photochemically reactive material as defined in OAC rule 

3745-21-01 (C)(7). 

3. Pursuant to OAC rule 3745-77-07(A)(3)(a){ii), the following monitoring and record keeping requirements are 

as stringent as or more stringent than the monitoring and record keeping requirements contained in Permit to 

Install #14-02058, issued on December 12, 1990: sections A.lll.1 and A.lll.2. The monitoring and record 

keeping requirements contained in the above-referenced Permit to Install are subsumed into the monitoring 

and record keeping requirements of this operating permit, so that compliance with these requirements 

constitutes compliance with the underlying monitoring and record keeping requirements in the Permit to 

Install. 

Title V Final Permit Page 257 

Terms and Conditions for Emissions Units 
Facility Name: 

Facility ID: 

Emissions Unit: 

IV. Reporting Requirements 

LANXESS CORPORATION ADDYSTON, OH PLANT 

14-31~1~054 

A-28 TANK (T025) 

1. The permittee shall notify the Hamilton County Department of Environmental Services of any volatile 

photochemically reactive material stored in this emissions unit. The notification shall be submitted within thirty 

days after the commencement of the storage of a volatile photochemically reactive material. 

V. Testing Requirements 

1. Compliance with the emission limitation in section A.l.1 of these terms and conditions shall be determined in 

accordance with the following method: 

1.a Emission Limitation: 

0.89 tpy of organic compounds 

Applicable Compliance Method: 

The permittee may demonstrate compliance by using emission factors from USEPA reference document 

AP-42, fifth edition, Section 7.1, organic liquid storage tanks (March, 1998). 

VI. Miscellaneous Requirements 

None 

Title V Final Permit 

Terms and Conditions for Emissions Units 

Page 258 
Facility Name: LANXESS CORPORATION ADDYSTON, OH PLANT 

Facility ID: 14·3HI1-Q054 

Emissions Unit: SEC BUOH TANK (T044) 

Part Ill -Terms and Conditions for Emissions Units 

Emissions Unit 10: 

Activity Description: 

SEC BUOH TANK (T044) 

TANK 

A. State and Federally Enforceable Section 

I. Applicable Emissions Limitations and/or Control Requirements 

1. The specific operation(s), property, and/or equipment which constitute this emissions unit are listed in 

the following table along with the applicable rules and/or requirements and with the applicable 

emissions limitations and/or control measures. Emissions from this unit shall not exceed the listed 

limitations, and the listed control measures shall be employed. Additional applicable emissions 

limitations and/or control measures (if any) may be specified in narrative form following the table. 

Operations, Property, 

and/or Equipment 

1 0,000-gallon fixed roof storage 

tank, storing secondary butanol 

2. Additional Terms and Conditions 

None 

II. Operational Restrictions 

Applicable Rules/ 

Requirements 

OAC rule 3745·31·05(A)(3) 

(PTI 14-02486) 

OAC rule 3745-21·07(0) 

Applicable Emissions 

Limitations/Control 

Measures 

0.13 tpy of organic compounds 

See section A. II. 1 below. 

1. If the permittee stores a volatile photochemically reactive material, as defined in OAC rule 37 45-21-01 (C)(7), 

in this emissions unit, the permittee shall comply with the requirements of OAC rule 3745-21-07(0)(1). 

Ill. Monitoring and/or Record Keeping Requirements 

1. The permittee shall keep readily accessible records showing the dimensions of the storage vessel and an 

analysis showing the capacity of the storage vessel. 

2. The permittee shall maintain the following information for each material stored in this emissions unit: 

a. the identification of the material stored; and 

b. whether or not the material is a volatile photochemically reactive material as defined in OAC rule 

37 45-21-01 (C)(7). 

3. Pursuant to OAC rule 3745-77-07(A)(3)(a)(ii), the following monitoring and record keeping requirements are 

as stringent as or more stringent than the monitoring and record keeping requirements contained in Permit to 

Install #14-02486, issued on November 27, 1991: sections A.lll.1 and A.lll.2. The monitoring and record 

keeping requirements contained in the above-referenced Permit to Install are subsumed into the monitoring 

and record keeping requirements of this operating permit, so that compliance with these requirements 

constitutes compliance with the underlying monitoring and record keeping requirements in the Permit to 

Install. 

IV. Reporting Requirements 

1. The permittee shall notify the Hamilton County Department of Environmental Services of any volatile 

photochemically reactive material stored in this emissions unit. This notification shall be submitted within 

thirty days after the commencement of the storage of a volatile photochemically reactive material. 

Title V Final Permit 

Terms and Conditions for Emissions Units 

Page 276 
Facility Name: 

Facility ID: 

Emissions Unit: 

V. Testing Requirements 

LANXESS CORPORATION ADDYSTON, OH PLANT 

14-31-()1-Q054 

SEC BUOH TANK (T044) 

1. Compliance with the emission limitation in section A.l.1 of these terms and conditions shall be determined in 

accordance with the following method: 

1.a Emission Limitation: 

0.13 tpy of organic compounds 

Applicable Compliance Method: 

The permittee may demonstrate compliance by using emission factors from USEPA reference document 

AP-42, fifth edition, Section 7.1, organic liquid storage tanks (March, 1998). 

VI. Miscellaneous Requirements 

None 

Title V Final Permit 

Terms and Conditions for Emissions Units 

Page 277