Commonwealth of Kentucky 

Environmental and Public Protection Cabinet 

Department for Environmental Protection 

Division for Air Quality 

803 Schenkel Lane 

Frankfort, Kentucky 40601 

(502) 573-3382 

Final 

AIR QUALITY PERMIT

Issued under 401 KAR 52:030 

Permittee Name: Clover Creek Brick Company 

Mailing Address: P.O. Box 97 

Cloverport, Kentucky 40111 

Source Name: Clover Creek Brick Company 

Mailing Address: P.O. Box 97 

Cloverport, Kentucky 40111 

Source Location: 2200 Old Stephensport Road 

 Cloverport, Kentucky 40111

Permit ID: F-07-054 

Agency Interest #: 417

Activity ID: APE20070001 

Review Type: Conditional Major /Operating 

Source ID: 21-027-00011 

Regional Office: Owensboro Regional Office 

 3032 Alvey Park Drive, Suite 700 

 Owensboro, KY 42303-2191 

 (270) 687-7304 

County: Breckinridge 

Application 

Complete Date: October 22, 2007 

Issuance Date: February 22, 2008 

Revision Date: 

Expiration Date: February 22, 2013 

 

John S. Lyons, Director

 Division for Air Quality

Revised 05/07/07 
TABLE OF CONTENTS

SECTION DATE PAGE

OF ISSUANCE

SECTION A PERMIT AUTHORIZATION Renewal 1 

SECTION B EMISSION POINTS, EMISSIONS Renewal 2 

UNITS, APPLICABLE 

REGULATIONS, AND 

OPERATING CONDITIONS 

SECTION C INSIGNIFICANT ACTIVITIES Renewal 8 

SECTION D SOURCE EMISSION Renewal 9 

LIMITATIONS AND 

TESTING REQUIREMENTS 

SECTION E SOURCE CONTROL EQUIPMENT Renewal 11 

OPERATING REQUIREMENTS 

SECTION F MONITORING, RECORD Renewal 12 

KEEPING, AND REPORTING 

REQUIREMENTS 

SECTION G GENERAL PROVISIONS Renewal 15 

SECTION H ALTERNATE OPERATING Renewal 21 

SCENARIOS 

SECTION I COMPLIANCE SCHEDULE Renewal 21 

Rev

# 

Permit type Log #, AI # Complete

Date 

Issuance 

Date 

Summary of 

Action 

---- Initial 

Issuance 

G149/50943 08/10/99 05/16/03 Original 

1 Renewal 417 10/22/07 2/XX/08 Renewal 
Permit Number: F-07-054 Page: 1 of 21

SECTION A - PERMIT AUTHORIZATION

Pursuant to a duly submitted application the Kentucky Division for Air Quality hereby authorizes 

the operation of the equipment described herein in accordance with the terms and conditions of this 

permit. This permit has been issued under the provisions of Kentucky Revised Statutes Chapter 224 

and regulations promulgated pursuant thereto. 

The permittee shall not construct, reconstruct, or modify any affected facilities without first 

submitting a complete application and receiving a permit for the planned activity from the permitting 

authority, except as provided in this permit or in 401 KAR 52:030, Federally-enforceable permits for 

non-major sources. 

Issuance of this permit does not relieve the permittee from the responsibility of obtaining any other 

permits, licenses, or approvals required by this Cabinet or any other federal, state, or local agency. 
Permit Number: F-07-054 Page: 2 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS

Emissions Unit: 05 (02) - Preheater/Dryer 

Description:

Equipment includes: Preheater/dryer 

Operating rate: 5.6 tons per hour clay/shale 

Construction commenced: August 10, 1999 

Applicable Regulations: 

401 KAR 59:010, New Process Operations, applicable to an emission unit that commenced on or 

after July 2, 1975. 

1. Operating Limitations:

None

2. Emission Limitations:

a) Pursuant to 401 KAR 59:010, Section 3(2), particulate matter emissions into the open air 

shall not exceed [3.59(P)0.62] pounds per hour based on a three-hour average where P is 

the processing rate in tons per hour. The permittee may assure compliance with the 

particulate mass emissions allowable by calculating emissions using the following 

formula: particulate emissions in pounds per hour = processing rate in tons/hour x 

emission factor of 0.87 pounds/ton. 

b) Pursuant to 401 KAR 59:010, Section 3(1)(a), any continuous emission(s) into the open 

air shall not equal or exceed twenty (20) percent opacity based on a six-minute average. 

3. Testing Requirements:

None 

4. Specific Monitoring Requirements:

 

a) Pursuant to 401 KAR 52:030, Section 26, the permittee shall perform a qualitative visual 

observation of the opacity of emissions from the stack on a weekly basis and maintain a 

log of the observations. If emissions from the stack are seen, the permittee shall 

determine the opacity of emissions by U.S. EPA Reference Method 9 and initiate an 

inspection of the unit for any necessary repairs. 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall monitor the processing 

rates and hours of operation on a weekly basis. 
Permit Number: F-07-054 Page: 3 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

5. Specific Record Keeping Requirements:

a) Pursuant to 401 KAR 52:030, Section 26, records documenting the results of each 

opacity reading by EPA Reference Method 9 shall be maintained. 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall record the processing 

rates and hours of operation on a weekly basis.

6. Specific Reporting Requirements:

See Section F. 

7. Specific Control Equipment Operating Conditions:

NA 
Permit Number: F-07-054 Page: 4 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

Emissions Unit: 06 (01) - Tunnel Kiln # 1 

Description:

Equipment includes: Tunnel kiln #1 

Operating rate: 5.6 tons per hour bricks (total for both kilns) 

Primary Fuel: Natural Gas 

Construction commenced: August 10, 1999 

Control Equipment: Baghouse 99% 

Applicable Regulations: 

401 KAR 59:010, New Process Operations, applicable to an emission unit that commenced on or 

after July 2, 1975. 

1. Operating Limitations:

See section D

2. Emission Limitations:

a) Pursuant to 401 KAR 59:010, Section 3(2), particulate matter emissions into the open air 

shall not exceed [3.59(P)0.62] pounds per hour based on a three-hour average where P is 

the processing rate in tons per hour. The permittee may assure compliance with the 

particulate mass emissions allowable by calculating emissions using the following 

formula: particulate emissions in pounds per hour = processing rate in tons/hour x 

emission factor of 0.87 pounds/ton. 

b) For Conditional Major Limitations see Section D. 

c) Pursuant to 401 KAR 59:010, Section 3(1)(a), any continuous emission(s) into the open 

air shall not equal or exceed twenty (20) percent opacity based on a six-minute average. 

3. Testing Requirements:

The permittee shall submit a schedule within six months from the issuance date of this 

permit to conduct at least one performance test for hydrogen fluoride (HF) within one year 

following the issuance of this permit. 
Permit Number: F-07-054 Page: 5 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

4. Specific Monitoring Requirements:

a) Pursuant to 401 KAR 52:030, Section 26, the permittee shall perform a qualitative visual 

observation of the opacity of emissions from the stack on a weekly basis and maintain a 

log of the observations. If emissions from the stack are seen, the permittee shall 

determine the opacity of emissions by U.S. EPA Reference Method 9 and initiate an 

inspection of the unit for any necessary repairs. 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall monitor the processing 

rates and hours of operation on a weekly basis.

5. Specific Record Keeping Requirements:

a) Pursuant to 401 KAR 52:030, Section 26, records documenting the results of each 

opacity reading by EPA Reference Method 9 shall be maintained. 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall record the processing 

rates and hours of operation on a weekly basis.

6. Specific Reporting Requirements:

See section F. 

7. Specific Control Equipment Operating Conditions:

a) The bag house shall be operated to maintain compliance with permitted emission 

limitations in accordance with manufacturer’s specifications and/or standard operating 

 practices. 

b) Records regarding the maintenance of the bag house shall be maintained. 
Permit Number: F-07-054 Page: 6 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

Emissions Unit: 07 (03) - Tunnel Kiln # 2 

Description:

Equipment includes: Tunnel kiln #2 

Operating rate: 5.6 tons per hour bricks (total for both kilns) 

Primary Fuel: Natural Gas 

Construction commenced: August 10, 1999 

Control Equipment: Baghouse 99% 

Applicable Regulations: 

401 KAR 59:010, New Process Operations, applicable to an emission unit that commenced on or 

after July 2, 1975. 

1. Operating Limitations:

See Section D.

2. Emission Limitations:

a) Pursuant to 401 KAR 59:010, Section 3(2), particulate matter emissions into the open air 

shall not exceed [3.59(P)0.62] pounds per hour based on a three-hour average where P is 

the processing rate in tons per hour. The permittee may assure compliance with the 

particulate mass emissions allowable by calculating emissions using the following 

formula: particulate emissions in pounds per hour = processing rate in tons/hour x 

emission factor of 0.87 pounds/ton. 

b) For Conditional Major Limitation see Section D. 

 

c) Pursuant to 401 KAR 59:010, Section 3(1)(a), any continuous emission(s) into the open 

air shall not equal or exceed twenty (20) percent opacity based on a six-minute average. 

3. Testing Requirements:

The permittee shall submit a schedule within six months from the issuance date of this 

permit to conduct at least one performance test for hydrogen fluoride (HF) within one year 

following the issuance of this permit. 
Permit Number: F-07-054 Page: 7 of 21

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

4. Specific Monitoring Requirements:

a) Pursuant to 401 KAR 52:030, Section 26, the permittee shall perform a qualitative visual 

observation of the opacity of emissions from the stack on a weekly basis and maintain a 

log of the observations. If emissions from the stack are seen, the permittee shall 

determine the opacity of emissions by U.S. EPA Reference Method 9 and initiate an 

inspection of the unit for any necessary repairs 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall monitor the processing 

rates and hours of operation on a weekly basis.

5. Specific Record Keeping Requirements:

a) Pursuant to 401 KAR 52:030, Section 26, records documenting the results of each 

opacity reading by EPA Reference Method 9 shall be maintained. 

b) Pursuant to 401 KAR 52:030, Section 26, the permittee shall record the processing 

rates and hours of operation on a weekly basis.

6. Specific Reporting Requirements:

See section F.

7. Specific Control Equipment Operating Conditions:

a) The bag house shall be operated to maintain compliance with permitted emission 

limitations in accordance with manufacturer’s specifications and/or standard operating 

practices. 

b) Records regarding the maintenance of the bag house shall be maintained. 
Permit Number: F-07-054 Page: 8 of 21

SECTION C - INSIGNIFICANT ACTIVITIES

The following listed activities have been determined to be insignificant activities for this source 

pursuant to 401 KAR 52:030, Section 6. Although these activities are designated as insignificant the 

permittee must comply with the applicable regulation. Process and emission control equipment at 

each insignificant activity subject to an opacity standard shall be inspected monthly and a qualitative 

visible emissions evaluation made. Results of the inspection, evaluation, and any corrective action 

shall be recorded in a log. 

Description Generally Applicable Regulation

1. Primary Crusher 401 KAR 59:010 

2. Screening 401 KAR 59:010 

3. Staining Process 401 KAR 59:010 

4. Extrusion/cutting 401 KAR 59:010 
Permit Number: F-07-054 Page: 9 of 21

SECTION D - SOURCE EMISSION LIMITATIONS AND TESTING 

REQUIREMENTS

1. Particulate, hydrogen fluoride (HF) and visible emissions (opacity) as measured by methods 

referenced in 401 KAR 50:015, Section 1, shall not exceed the respective limitations 

specified herein. 

 

2. Compliance with annual emissions limitations imposed pursuant to 401 KAR 52:030 Section 

26, and contained in this permit, shall be based on emissions rate for any twelve (12) 

consecutive months. 

3. In accordance with 401 KAR 52:030, Section 26, source wide emissions of hydrogen 

fluoride (HF) shall not equal or exceed 10 tons/year on a twelve-month rolling average. The 

permittee shall demonstrate compliance with this limitation times a 90% safety factor, which 

would give a limit of 9 tons HF/year. 

The permittee may demonstrate compliance with this limitation by calculating emissions 

using the following emission factor from AP-42, section 11.3 until completion of the 

required testing (Section B, Testing Requirements) using EPA Method 26A or equivalent is 

performed, and a facility emission factor is calculated: 

HF Emissions (tons/year) = (0.37 lb of HF/ton fired product)(1 ton HF/2000 lb HF)(tons of 

product/year) 

Note: If testing for the units indicates a facility emission factor greater than the AP-42 

emission factor, Clover Creak Brick Company shall submit a revised emission factor 

for each unit in lb/ton of material processed. 

 

 The permittee shall model gaseous HF emissions using Screen 3 or other EPA approved 

models to show compliance with state ambient air quality standards listed in 401 KAR 

53:010. 

4 a. Pursuant to Regulation 401 KAR 63:010, Section 3 (1), no person shall cause, 

 suffer, or allow any material to be handled, processed, transported, or stored; a 

 building or its appurtenances to be constructed, altered, repaired, or demolished, or a 

 road to be used without taking reasonable precaution to prevent particulate matter 

 from becoming airborne. Such reasonable precautions shall include, when applicable, 

 but not be limited to the following: 

 1) Application and maintenance of asphalt, oil, water, or suitable chemicals on roads, 

materials stockpiles, and other surfaces which can create airborne dusts; 

 2) Covering, at all times when in motion, open bodied trucks transporting materials 

likely to become airborne; 

 3) The maintenance of paved roadways in a clean condition; 

 4) The prompt removal of earth or other material from a paved street which earth or 

other material has been transported thereto by trucking or earth moving equipment or 

erosion by water. 
Permit Number: F-07-054 Page: 10 of 21

SECTION D - SOURCE EMISSION LIMITATIONS AND TESTING 

REQUIREMENTS (CONTINUED) 

 

b. Pursuant to Regulation 401 KAR 63:010, Section 3 (2), no person shall cause or 

permit the discharge of visible fugitive dust emissions beyond the lot line of the 

property on which the emissions originate. 

 
Permit Number: F-07-054 Page: 11 of 21

SECTION E - SOURCE CONTROL EQUIPMENT REQUIREMENTS

Pursuant to 401 KAR 50:055, Section 2(5), at all times, including periods of startup, shutdown and 

malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected 

facility including associated air pollution control equipment in a manner consistent with good air 

pollution control practice for minimizing emissions. Determination of whether acceptable operating 

and maintenance procedures are being used will be based on information available to the Division 

which may include, but is not limited to, monitoring results, opacity observations, review of 

operating and maintenance procedures, and inspection of the source. 
Permit Number: F-07-054 Page: 12 of 21

SECTION F - MONITORING, RECORDKEEPING, AND REPORTING 

REQUIREMENTS

1. Pursuant to Section 1b-IV-1 of the Cabinet Provisions and Procedures for Issuing FederallyEnforceable Permits for Non-Major Sources incorporated by reference in 401 KAR 52:030 

Section 26, when continuing compliance is demonstrated by periodic testing or instrumental 

monitoring, the permittee shall compile records of required monitoring information that include: 

a. Date, place (as defined in this permit), and time of sampling or measurements; 

b. Analyses performance dates; 

c. Company or entity that performed analyses; 

d. Analytical techniques or methods used; 

e. Analyses results; and 

f. Operating conditions during time of sampling or measurement. 

2. Records of all required monitoring data and support information, including calibrations, 

maintenance records, and original strip chart recordings, and copies of all reports required by the 

Division for Air Quality, shall be retained by the permittee for a period of five years and shall be 

made available for inspection upon request by any duly authorized representative of the Division 

for Air Quality [401 KAR 52:030 Section 3(1)(f)1a and Section 1a-7 of the Cabinet Provisions 

and Procedures for Issuing Federally-Enforceable Permits for Non-Major Sources incorporated 

by reference in 401 KAR 52:030 Section 26]. 

3. In accordance with the requirements of 401 KAR 52:030 Section 3(1)f the permittee shall allow 

authorized representatives of the Cabinet to perform the following during reasonable times: 

a. Enter upon the premises to inspect any facility, equipment (including air pollution control 

equipment), practice, or operation; 

b. To access and copy any records required by the permit: 

c. Sample or monitor, at reasonable times, substances or parameters to assure compliance with 

the permit or any applicable requirements. 

Reasonable times are defined as during all hours of operation, during normal office hours; or 

during an emergency. 

4. No person shall obstruct, hamper, or interfere with any Cabinet employee or authorized 

representative while in the process of carrying out official duties. Refusal of entry or access may 

constitute grounds for permit revocation and assessment of civil penalties. 

5. Summary reports of any monitoring required by this permit shall be submitted to the Regional 

Office listed on the front of this permit at least every six (6) months during the life of this permit, 

unless otherwise stated in this permit. For emission units that were still under construction or 

which had not commenced operation at the end of the 6-month period covered by the report and 

are subject to monitoring requirements in this permit, the report shall indicate that no monitoring 

was performed during the previous six months because the emission unit was not in operation 

[Sections 1b-V-1 of the Cabinet Provisions and Procedures for Issuing Federally-Enforceable 

Permits for Non-Major Sources incorporated by reference in 401 KAR 52:030, Section 26]. 
Permit Number: F-07-054 Page: 13 of 21

SECTION F - MONITORING, RECORDKEEPING, AND REPORTING 

REQUIREMENTS (CONTINUED)

6. The semi-annual reports are due by January 30th and July 30th of each year. All reports shall be 

certified by a responsible official pursuant to 401 KAR 52:030 Section 22. If continuous 

emission and opacity monitors are required by regulation or this permit, data shall be reported in 

accordance with the requirements of 401 KAR 59:005, General Provisions, Section 3(3). All 

deviations from permit requirements shall be clearly identified in the reports. 

7. In accordance with the provisions of 401 KAR 50:055, Section 1 the owner or operator shall 

notify the Regional Office listed on the front of this permit concerning startups, shutdowns, or 

malfunctions as follows: 

a. When emissions during any planned shutdowns and ensuing startups will exceed the 

standards, notification shall be made no later than three (3) days before the planned 

shutdown, or immediately following the decision to shut down, if the shutdown is due to 

events which could not have been foreseen three (3) days before the shutdown. 

b. When emissions due to malfunctions, unplanned shutdowns and ensuing startups are or may 

be in excess of the standards, notification shall be made as promptly as possible by telephone 

(or other electronic media) and shall be submitted in writing upon request. 

8. The owner or operator shall report emission related exceedances from permit requirements 

including those attributed to upset conditions (other than emission exceedances covered by 

Section F.7 above) to the Regional Office listed on the front of this permit within 30 days. 

Deviations from permit requirements, including those previously reported under F.7 above, shall 

be included in the semiannual report required by F.6 [Sections 1b-V, 3 and 4 of the Cabinet 

Provisions and Procedures for Issuing Federally-Enforceable Permits for Non-Major Sources

incorporated by reference in 401 KAR 52:030 Section 26]. 

9. Pursuant to 401 KAR 52:030, Section 21, the permittee shall annually certify compliance with 

the terms and conditions contained in this permit by completing and returning a Compliance 

Certification Form (DEP 7007CC) (or an alternative approved by the regional office) to the 

Regional Office listed on the front of this permit in accordance with the following requirements: 

a. Identification of each term or condition; 

b. Compliance status of each term or condition of the permit; 

c. Whether compliance was continuous or intermittent; 

d. The method used for determining the compliance status for the source, currently and over the 

reporting period. 

e. For an emissions unit that was still under construction or which has not commenced operation at 

the end of the 12-month period covered by the annual compliance certification, the permittee 

shall indicate that the unit is under construction and that compliance with any applicable 

requirements will be demonstrated within the timeframes specified in the permit.
Permit Number: F-07-054 Page: 14 of 21

SECTION F - MONITORING, RECORDKEEPING, AND REPORTING 

REQUIREMENTS (CONTINUED) 

f. The certification shall be postmarked by January 30th of each year. Annual compliance 

certifications shall be mailed to the following addresses: 

Division for Air Quality Division for Air Quality 

Owensboro Regional Office Central Files 

3032 Alvey Park Drive W., Suite 700 803 Schenkel Lane 

Owensboro, KY 42301-2191 Frankfort, KY 40601 

10. In accordance with 401KAR 52:030, Section 3(1)(d), the permittee shall provide the Division 

with all information necessary to determine its subject emissions within thirty (30) days of the 

date the KYEIS emission survey is mailed to the permittee. If a KYEIS emission survey is not 

mailed to the permittee, then the permittee shall comply with all other emission reporting 

requirements in this permit.

11. The Cabinet may authorize the temporary use of an emission unit to replace a similar unit that is 

taken off-line for maintenance, if the following conditions are met: 

a. The owner or operator shall submit to the Cabinet, at least ten (10) days in advance of 

replacing a unit, the appropriate Forms DEP7007AI to DD that show: 

(1) The size and location of both the original and replacement units; and 

(2) Any resulting change in emissions; 

b. The potential to emit (PTE) of the replacement unit shall not exceed that of the original unit 

by more than twenty-five (25) percent of a major source threshold, and the emissions from 

the unit shall not cause the source to exceed the emissions allowable under the permit; 

c. The PTE of the replacement unit or the resulting PTE of the source shall not subject the 

source to a new applicable requirement; 

d. The replacement unit shall comply with all applicable requirements; and 

e. The source shall notify Regional office of all shutdowns and start-ups. 

f. Within six (6) months after installing the replacement unit, the owner or operator shall: 

(1) Re-install the original unit and remove or dismantle the replacement unit; or 

(2) Submit an application to permit the replacement unit as a permanent change. 
Permit Number: F-07-054 Page: 15 of 21

SECTION G - GENERAL PROVISIONS

1. General Compliance Requirements

a. The permittee shall comply with all conditions of this permit. A noncompliance shall be a 

violation of 401 KAR 52:030 Section 3(1)(b) and a violation of Federal Statute 42 USC 7401 

through 7671q (the Clean Air Act). Noncompliance with this permit is grounds for 

enforcement action including but not limited to the termination, revocation and reissuance, 

revision, or denial of a permit [Section 1a-2 of the Cabinet Provisions and Procedures for 

Issuing Federally-Enforceable Permits for Non-Major Sources incorporated by reference in 

401 KAR 52:030 Section 26]. 

b. The filing of a request by the permittee for any permit revision, revocation, reissuance, or 

termination, or of a notification of a planned change or anticipated noncompliance, shall not 

stay any permit condition [Section 1a-5 of the Cabinet Provisions and Procedures for 

Issuing Federally-Enforceable Permits for Non-Major Sources incorporated by reference in 

401 KAR 52:030 Section 26]. 

c. This permit may be revised, revoked, reopened and reissued, or terminated for cause in 

accordance with 401 KAR 52:030 Section 18. The permit will be reopened for cause and 

revised accordingly under the following circumstances: 

(1) If additional applicable requirements become applicable to the source and the remaining 

permit term is three (3) years or longer. In this case, the reopening shall be completed no 

later than eighteen (18) months after promulgation of the applicable requirement. A 

reopening shall not be required if compliance with the applicable requirement is not 

required until after the date on which the permit is due to expire, unless this permit or 

any of its terms and conditions have been extended pursuant to 401 KAR 52:030 Section 

12; 

(2) The Cabinet or the U. S. EPA determines that the permit must be revised or revoked to 

assure compliance with the applicable requirements; 

(3) The Cabinet or the U. S. EPA determines that the permit contains a material mistake or 

that inaccurate statements were made in establishing the emissions standards or other 

terms or conditions of the permit. 

Proceedings to reopen and reissue a permit shall follow the same procedures as apply to 

initial permit issuance and shall affect only those parts of the permit for which cause to 

reopen exists. Reopenings shall be made as expeditiously as practicable. Reopenings shall 

not be initiated before a notice of intent to reopen is provided to the source by the Division, 

at least thirty (30) days in advance of the date the permit is to be reopened, except that the 

Division may provide a shorter time period in the case of an emergency. 

d. The permittee shall furnish information upon request of the Cabinet to determine if cause 

exists for modifying, revoking and reissuing, or terminating the permit; or to determine 

compliance with the conditions of this permit [Sections 1a- 6 and 7 of the Cabinet Provisions 

and Procedures for Issuing Federally-Enforceable Permits for Non-Major Sources

incorporated by reference in 401 KAR 52:030 Section 26]. 
Permit Number: F-07-054 Page: 16 of 21

SECTION G - GENERAL PROVISIONS (CONTINUED)

e. Emission units described in this permit shall demonstrate compliance with applicable 

 requirements if requested by the Division [401 KAR 52:030 Section 3(1)(c)]. 

f. The permittee, upon becoming aware that any relevant facts were omitted or incorrect 

information was submitted in the permit application, shall promptly submit such 

supplementary facts or corrected information to the permitting authority [401 KAR 52:030 

Section 7(1)]. 

g. Any condition or portion of this permit which becomes suspended or is ruled invalid as a 

result of any legal or other action shall not invalidate any other portion or condition of this 

permit [Section 1a-11 of the Cabinet Provisions and Procedures for Issuing FederallyEnforceable Permits for Non-Major Sources incorporated by reference in 401 KAR 52:030 

Section 26]. 

h. The permittee shall not use as a defense in an enforcement action the contention that it would 

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

[Section 1a-3 of the Cabinet Provisions and Procedures for Issuing Federally-Enforceable 

Permits for Non-Major Sources incorporated by reference in 401 KAR 52:030 Section 26]. 

i. Except for requirements identified in this permit as state-origin requirements, all terms and 

conditions shall be enforceable by the United States Environmental Protection Agency and 

citizens. [Section 1a-12-b of the Cabinet Provisions and Procedures for Issuing FederallyEnforceable Permits for Non-Major Sources incorporated by reference in 401 KAR 52:030 

Section 26]. 

j. This permit shall be subject to suspension if the permittee fails to pay all emissions fees 

within 90 days after the date of notice as specified in 401 KAR 50:038 Section 3(6) [Section 

1a-9 of the Cabinet Provisions and Procedures for Issuing Federally-Enforceable Permits 

for Non-Major Sources incorporated by reference in 401 KAR 52:030 Section 26]. 

k. Nothing in this permit shall alter or affect the liability of the permittee for any violation of 

applicable requirements prior to or at the time of permit issuance [401 KAR 52:030 Section 

11(3)]. 

l. This permit does not convey property rights or exclusive privileges [Section 1a-8 of the 

Cabinet Provisions and Procedures for Issuing Federally-Enforceable Permits for NonMajor Sources incorporated by reference in 401 KAR 52:030 Section 26]. 

m. Issuance of this permit does not relieve the permittee from the responsibility of obtaining any 

other permits, licenses, or approvals required by the Cabinet or any other federal, state, or 

local agency. 

n. Nothing in this permit shall alter or affect the authority of U.S. EPA to obtain information 

pursuant to Federal Statute 42 USC 7414, Inspections, monitoring, and entry. 

o. Nothing in this permit shall alter or affect the authority of U.S. EPA to impose emergency 

orders pursuant to Federal Statute 42 USC 7603, Emergency orders.
Permit Number: F-07-054 Page: 17 of 21

SECTION G - GENERAL PROVISIONS (CONTINUED)

p. This permit consolidates the authority of any previously issued PSD, NSR, or Synthetic 

Minor source preconstruction permit terms and conditions for various emission units and 

incorporates all requirements of those existing permits into one single permit for this source. 

q. Pursuant to 401 KAR 52:030, Section 11, a permit shield shall not protect the owner or 

operator from enforcement actions for violating an applicable requirement prior to or at the 

time of permit issuance. Compliance with the conditions of this permit shall be considered 

compliance with: 

(1) Applicable requirements that are included and specifically identified in this permit; and 

(2) Non-applicable requirements expressly identified in this permit. 

2. Permit Expiration and Reapplication Requirements

a. This permit shall remain in effect for a fixed term of five (5) years following the original 

date of issue. Permit expiration shall terminate the source's right to operate unless a timely 

and complete renewal application has been submitted to the Division at least six months 

prior to the expiration date of the permit. Upon a timely and complete submittal, the 

authorization to operate within the terms and conditions of this permit, including any permit 

shield, shall remain in effect beyond the expiration date, until the renewal permit is issued or 

denied by the Division [401 KAR 52:030 Section 12]. 

b. The authority to operate granted through this permit shall cease to apply if the source fails to 

submit additional information requested by the Division after the completeness 

determination has been made on any application, by whatever deadline the Division sets 

[401 KAR 52:030 Section 8(2)]. 

3. Permit Revisions

a. Minor permit revision procedures specified in 401 KAR 52:030 Section 14(3) may be used 

for permit revisions involving the use of economic incentive, marketable permit, emission 

trading, and other similar approaches, to the extent that these minor permit revision 

procedures are explicitly provided for in the SIP or in applicable requirements and meet the 

relevant requirements of 401 KAR 52:030 Section 14(2). 

b. This permit is not transferable by the permittee. Future owners and operators shall obtain a 

new permit from the Division for Air Quality. The new permit may be processed as an 

administrative amendment if no other change in this permit is necessary, and provided that a 

written agreement containing a specific date for transfer of permit responsibility coverage 

and liability between the current and new permittee has been submitted to the permitting 

authority within ten (10) days following the transfer. 
Permit Number: F-07-054 Page: 18 of 21

SECTION G - GENERAL PROVISIONS (CONTINUED)

4. Construction, Start-Up, and Initial Compliance Demonstration Requirements

None 

5. Testing Requirements

a. Pursuant to 401 KAR 50:045 Section 2, a source required to conduct a performance test shall 

submit a completed Compliance Test Protocol form, DEP form 6028, or a test protocol a 

source has developed for submission to other regulatory agencies, in a format approved by 

the cabinet, to the Division's Frankfort Central Office a minimum of sixty (60) days prior to 

the scheduled test date. Pursuant to 401 KAR 50:045, Section 7, the Division shall be 

notified of the actual test date at least Thirty (30) days prior to the test. 

b. Pursuant to 401 KAR 50:045 Section 5, in order to demonstrate that a source is capable of 

complying with a standard at all times, any required performance test shall be conducted 

under normal conditions that are representative of the source’s operations and create the 

highest rate of emissions. If [When] the maximum production rate represents a source’s 

highest emissions rate and a performance test is conducted at less than the maximum 

production rate, a source shall be limited to a production rate of no greater than 110 percent 

of the average production rate during the performance tests. If and when the facility is 

capable of operation at the rate specified in the application, the source may retest to 

demonstrate compliance at the new production rate. The Division for Air Quality may waive 

these requirements on a case-by-case basis if the source demonstrates to the Division's 

satisfaction that the source is in compliance with all applicable requirements. 

c. Results of performance test(s) required by the permit shall be submitted to the Division by 

the source or its representative within forty-five days or sooner if required by an applicable 

standard, after the completion of the fieldwork. 

6. Acid Rain Program Requirements

If an applicable requirement of Federal Statute 42 USC 7401 through 7671q (the Clean Air Act) 

is more stringent than an applicable requirement promulgated pursuant to Federal Statute 42 

USC 7651 through 7651o (Title IV of the Act), both provisions shall apply, and both shall be 

state and federally enforceable. 

7. Emergency Provisions

a. Pursuant to 401 KAR 52:030 Section 23(1), an emergency shall constitute an affirmative 

defense to an action brought for noncompliance with the technology-based emission 

limitations if the permittee demonstrates through properly signed contemporaneous operating 

logs or other relevant evidence that: 

(1) An emergency occurred and the permittee can identify the cause of the emergency; 
Permit Number: F-07-054 Page: 19 of 21

SECTION G - GENERAL PROVISIONS (CONTINUED)

(2) The permitted facility was at the time being properly operated; 

(3) During an emergency, the permittee took all reasonable steps to minimize levels of 

emissions that exceeded the emissions standards or other requirements in the permit; and, 

(4) The permittee notified the Division as promptly as possible and submitted written notice 

of the emergency to the Division within two (2) working days of the time when emission 

limitations were exceeded due to an emergency. The notice shall include a description of 

the emergency, steps taken to mitigate emissions, and the corrective actions taken. 

(5) Notification of the Division does not relieve the source of any other local, state or federal 

notification requirements. 

b. Emergency conditions listed in General Provision G.7.a above are in addition to any 

emergency or upset provision(s) contained in an applicable requirement [401 KAR 52:030 

Section 23(3)]. 

c. In an enforcement proceeding, the permittee seeking to establish the occurrence of an 

emergency shall have the burden of proof [401 KAR 52:030 Section 23(2)]. 

8. Ozone depleting substances

a. The permittee shall comply with the standards for recycling and emissions reduction 

pursuant to 40 CFR 82, Subpart F, except as provided for Motor Vehicle Air Conditioners 

(MVACs) in Subpart B: 

(1) Persons opening appliances for maintenance, service, repair, or disposal shall comply 

with the required practices contained in 40 CFR 82.156. 

(2) Equipment used during the maintenance, service, repair, or disposal of appliances shall 

comply with the standards for recycling and recovery equipment contained in 40 CFR 

82.158. 

(3) Persons performing maintenance, service, repair, or disposal of appliances shall be 

certified by an approved technician certification program pursuant to 40 CFR 82.161. 

(4) Persons disposing of small appliances, MVACs, and MVAC-like appliances (as defined 

at 40 CFR 82.152) shall comply with the recordkeeping requirements pursuant to 40 

CFR 82.166. 

(5) Persons owning commercial or industrial process refrigeration equipment shall comply 

with the leak repair requirements pursuant to 40 CFR 82.156. 

(6) Owners/operators of appliances normally containing 50 or more pounds of refrigerant 

shall keep records of refrigerant purchased and added to such appliances pursuant to 40 

CFR 82.166. 

b. If the permittee performs service on motor (fleet) vehicle air conditioners containing ozonedepleting substances, the source shall comply with all applicable requirements as specified in 

40 CFR 82, Subpart B, Servicing of Motor Vehicle Air Conditioners. 
Permit Number: F-07-054 Page: 20 of 21

SECTION G - GENERAL PROVISIONS (CONTINUED)

9. Risk Management Provisions

a. The permittee shall comply with all applicable requirements of 401 KAR Chapter 68, 

Chemical Accident Prevention, which incorporates by reference 40 CFR Part 68, Risk 

Management Plan provisions. If required, the permittee shall comply with the Risk 

Management Program and submit a Risk Management Plan to: 

RMP Reporting Center 

P.O. Box 1515 

Lanham-Seabrook, MD 20703-1515. 

b. If requested, submit additional relevant information to the Division or the U.S. EPA. 
Permit Number: F-07-054 Page: 21 of 21

SECTION H - ALTERNATE OPERATING SCENARIOS 

N/A 

SECTION I - COMPLIANCE SCHEDULE

N/A