### 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 RenewalPermit Number: F-07-054 Page: 1 of 21



### SECTION A - PERMIT AUTHORIZATION

Pursuant to a duly submitted application the Kent ucky 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 pe rmit for the planned activ ity from the permitting authority, except as provided in this permit or in 401 KAR 52:030, Federally-e nforceable 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 Cabine t 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 Operati ons, 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, S ection 3(2), particulate matter emissions into the open air shall not exceed [3.59(P) 0.62 ] pounds per hour based on a thr ee-hour average where P is the processing rate in tons per hour. Th e permittee may assure compliance with the particulate mass emissions allowable by calculating emissions using the following formula: particulate emissions in pounds pe r 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) pe rcent 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 fr om 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, th e 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:

NAPermit 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 Operati ons, 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, Sec tion 3(2), particulate matter emissions into the open air shall not exceed [3.59(P) 0.62 ] pounds per hour based on a thr ee-hour average where P is the processing rate in tons per hour. Th e permittee may assure compliance with the particulate mass emissions allowable by calculating emissions using the following formula: particulate emissions in pounds pe r 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) pe rcent opacity based on a six-minute average.

3. Testing Requirements:

The permittee shall submit a schedule within si x 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 fr om 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, th e 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 ma intain 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 Operati ons, 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, Sec tion 3(2), particulate matter emissions into the open air shall not exceed [3.59(P) 0.62 ] pounds per hour based on a thr ee-hour average where P is the processing rate in tons per hour. Th e permittee may assure compliance with the particulate mass emissions allowable by calculating emissions using the following formula: particulate emissions in pounds pe r 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) pe rcent opacity based on a six-minute average.

3. Testing Requirements:

The permittee shall submit a schedule within si x 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 fr om 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, th e 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 ma intain 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 th e 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 59:010Permit Number: F-07-054 Page: 9 of 21



### SECTION D - SOURCE EMISSION LIMITATIONS AND TESTING REQUIREMENTS

1. Particulate, hydrogen fluoride (H F) and visible emissions (op acity) as measured by methods

referenced in 401 KAR 50:015, Section 1, sh all 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 ba sed 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 w ith 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 Requirement s) 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 f acility 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 sha ll, 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, monito ring 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 demons trated 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 th e permittee shall allow authorized representatives of the Cabinet to perform the following during reasonable times:

a. Enter upon the premises to inspect any facilit y, 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, substan ces or parameters to assure compliance with the permit or any applicable requirements. Reasonable times are defined as during all hour s of operation, during nor mal office hours; or during an emergency.

4. No person shall obstruct, hamper, or interf ere 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 ev ery six (6) months during the life of this permit, unless otherwise stated in this permit. For em ission 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 pe rmit, 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 regula tion 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 shutdow ns and ensuing startups will exceed the

standards, notification shall be made no late r 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 sha ll 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 reporte d under F.7 above, shall be included in the semiannual report require d by F.6 [Sections 1b-V, 3 and 4 of the Cabinet Provisions and Procedures for Issuing Federa lly-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 pe rmittee 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 altern ative approved by the regional office) to the Regional Office listed on the front of this perm it 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 cons truction or which has not commenced operation at the end of the 12-month period covered by th e annual compliance certification, the permittee

shall indicate that the unit is under constructi on 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 Ja nuary 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 sh all 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 un it 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 resu lting 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) a nd a violation of Fede ral Statute 42 USC 7401 through 7671q (the Clean Air Act). Noncomp liance with this permit is grounds for enforcement action including but not limited to the termination, revocation and reissuance, revision, or denial of a pe rmit [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 ch ange or anticipated n oncompliance, 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 perm it 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 sha ll follow the same procedures as apply to initial permit issuance and shall affect only t hose parts of the permit for which cause to reopen exists. Reopenings shall be made as e xpeditiously 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 da te 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 reque st 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-Enf orceable 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 a ny relevant facts were omitted or incorrect information was submitted in the permit application, shall promptly submit such supplementary facts or corrected informa tion 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 i nvalidate 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 perm itted 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 perm it 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 th e 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 Issu ing 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 respons ibility 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 a ny 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 perm it 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 c onditions 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 terminat e 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 expira tion 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 pe rmit 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 econom ic incentive, marketable permit, emission trading, and other similar approaches, to th e extent that these minor permit revision procedures are explicitly provided for in the SI P 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 Qualit y. 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 fo r transfer of permit responsibility coverage and liability between the current and new pe rmittee 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 te st 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 perfor mance 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 ra te. 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 St atute 42 USC 7401 through 7671q (the Clean Air Act) is more stringent than an applicable require ment 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 noncomp liance 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 a ll reasonable steps to minimize levels of

emissions that exceeded the emissions standa rds or other requirements in the permit; and, (4) The permittee notified the Division as prom ptly 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 Pr ovision 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 sta ndards 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, servi ce, repair, or disposal of appliances shall comply with the standards for recycling a nd recovery equipment contained in 40 CFR

82.158. (3) Persons performing maintenance, service, re pair, 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, M VACs, 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 pr ocess 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 require ments 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 a pplicable requirements of 401 KAR Chapter 68,

Chemical Accident Prevention, which incor porates 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