General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 1 

COMMONWEALTH OF VIRGINIA 

 Department of Environmental Quality 

Southwest Regional Office 

 STATEMENT OF LEGAL AND FACTUAL BASIS

 

General Shale Brick, Inc. 

Atkins, Virginia-Smyth County 

No. SWRO10244 

Title V of the 1990 Clean Air Act Amendments required each state to develop a permit program 

to ensure that certain facilities have federal Air Pollution Operating Permits, called Title V 

Operating Permits. As required by 40 CFR Part 70 and 9 VAC 5 Chapter 80, General Shale 

Brick, Inc. applied for a Title V Operating Permit for its brick manufacturing facility located in 

Atkins, Virginia. The Department issued the permit on 2/26/01. The permit renewal was issued 

on February 24, 2006. On July 31, 2006, General Shale Brick, Inc. submitted a request for an 

administrative amendment to the permit to change the name to General Shale Brick, Inc. On 

September 23, 2008, General Shale Brick submitted a request to modify the permit to reflect 

changes in fuel supplier analyses. On January 21, 2010, General Shale Brick submitted a Title V 

renewal application dated Janaury 19, 2010. 

Engineer/Permit Contact: Date: _______________ 

R. A. Lowe 

(276)676-4863 

 

Air Permit Manager: Date: _______________ 

Rob Feagins 

Regional Director: ______________________________ Date: _______________ 

 Dallas R. Sizemore 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 2 

FACILITY INFORMATION

Permittee 

General Shale Brick, Inc. 

P.O. Box 3547 

Johnson City, TN 37602 

Facility

General Shale Brick, Inc. 

Route 1; Box 460 

Atkins, VA 24311

AIRS ID No. 51-173-0011 

SOURCE DESCRIPTION

SIC Code: 3251 - Manufacture face brick. 

General Shale Products Corporation is a manufacturer of face brick covered by Standard 

Industrial Classification (SIC) Code 3251. The facility is located 11 miles northeast of Marion, 

Virginia, on the south side of U.S. Route 11. The company's #6 plant has two small tunnel kilns 

(A&B) and the #28 plant has a single large kiln. Both plants are fired with natural gas and coal. 

The operation at the facility consists of blending components together and the bricks are formed 

and stacked on kiln cars. The cars are pushed into the kilns on a regular schedule. This facility 

has the potential to operate 24 hours per day, 7 days per week, 52 weeks per year. This facility 

manufactures face brick from shale material that has been mined, processed and stockpiled. The 

facility is permitted to manufacture 21.9 tons of brick per hour (191,840 tons per year). 

The facility is a Title V major source of hydrogen fluoride (HF), sulfur dioxide (SO2), and 

hydrogen chloride (HCl). This source is located in an attainment area for all pollutants and is not 

subject to PSD. 

General Shale submitted a Title V renewal application dated September 10, 2004. This permit 

was re-opened to incorporate minor changes and re-issue the renewal. The permit renewal was 

issued on February 24, 2006. On July 31, 2006, General Shale Brick, Inc. submitted a request 

for an administrative amendment to the permit to change the name to General Shale Brick, Inc. 

The administrative amendment was issued on August 4, 2006. On September 23, 2008, General 

Shale Brick submitted a request to modify the permit to reflect changes in requirements for fuel 

supplier analyses based on an NSR permit amendment dated September 4, 2007. On January 21, 

2010, General Shale Brick submitted a Title V renewal application dated Janaury 19, 2010. 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 3 

COMPLIANCE STATUS

The facility is inspected at least one time each year. The facility was found to be in compliance 

with all applicable requirements as of the inspection on June 15, 2009. Based on previous stacktesting results, the facility has demonstrated compliance for particulate emissions that are well 

below the NSR permit limits. A summary of historical, stack-testing PM results are shown 

below. 

 Dec. 99 Oct. 96 Oct. 95 Oct. 93 Oct. 90 Oct. 87 Permit Limit 

 

Kiln #6B 

PM, lbs/hr 2.40 0.87 4.52 3.66 4.70 4.27 7.125 

Kiln #7, 

Plant #28 

PM, lbs/hr 2.55 7.51 13.06 11.18 7.02 11.05 19.86 

 Mar. 04 June 2009 Permit Limit 

 

Kiln #6B 

PM, lbs/hr 4.54 --------- 7.125 

Kiln #7, 

Plant #28 

PM, lbs/hr 4.57 5.97 19.86 

 

By using controls as specified in the permit, the facility has maintained compliance. 
EMISSION UNIT AND CONTROL DEVICE IDENTIFICATIONThe emission units at this facility consist of the following : 

Emission Unit 

ID Stack ID Emission Unit Description Size/Rated Capacity* Pollution Control Device (PCD) Description PCD ID Pollutant Controlled 

Shale Preparation/Brick Manufacturing Process 

02 02 

Shale Prep.;McClanahan Primary (1973):Stedman secondary crusher/conveyor (2004);Tyler & Leahy Screens, other custom-1973 

100 tons/hr output Wheelabrator 108; Size 115 w/fabric filter baghouse 02 Particulate 

03 03 

Plant 6 Steele Brick Machine & Custom Built Texture Equipment1952 40 tons/hr output Custom-Exhaust fan w/settling chamber 03 Particulate 

04 04 

Plant 28 Steele Brick Machine & Custom Built Texture Equipment1973 100 tons/hr output Wheelabrator 108; Size 90 w/fabric filter baghouse 04 Particulate 

05 05 Plant 6 "A" Miller Dryer/Kiln- 1952/1980 3.6 tons/hr output Internal controls 05 PM, SO2 06 06 Plant 6 "B" Miller Dryer/Kiln- 1952/1980 3.6 tons/hr output Internal controls 06 PM, SO2 

Emission Unit ID Stack ID Emission Unit Description Size/Rated Capacity* Pollution Control Device (PCD) Description PCD ID Pollutant Controlled 

07 07 Plant 28 Harrop Dryer/Kiln- 1952/1980 14.7 tons/hr output Internal controls 07 PM, SO2 

Coal Processing

08 08 C-E Raymond and Custom Drying/Pulverizing System-1980 2.6 tons/hr output Carter-Day 48 RF8 w/fabric filter baghouse 08 Particulate 

*The Size/Rated capacity is provided for informational purposes only, and is not an applicable requirement.
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 5 

EMISSIONS INVENTORY

The 2008 emission inventory is shown below. Emissions are also summarized in the Title V 

permit application. 

2008 Actual Emissions 

Criteria Pollutant Emission in Tons/Year 

Emission 

Unit 

VOC CO SO2 PM10 NOx

02 - - - 0.27 - 

03 - - - 0.05 - 

04 - - - 0.2 - 

05 0.3 10.1 17.44 12.7 6.5 

06 0.3 10.1 17.44 12.7 6.5 

07 1.2 40.4 72.6 13.6 25.7 

08 - - - 0.2 - 

Total 1.8 60.6 107.5 39.7 38.7 

2009 Facility Hazardous Air Pollutant Emissions 

Pollutant Hazardous Air Pollutant Emission in Tons/Year 

Hydrogen Chloride 10.6* 

Hydrogen Fluoride 17.4* 

*based on engineering test of uncontrolled emissions performed on Plant 28 on 6/10/2009. 

EMISSION UNIT APPLICABLE REQUIREMENTS - Brick Manufacturing Process (05, 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 6 

06, 07) 

Limitations 

The following applicable limitations are State BACT requirements from Conditions 3, 5, 6, 7, 8, 

9, 10, 11, and 12 of the minor NSR permit issued on August 2, 2000 (as amended September 4, 

2007, and January 28, 2010): 

Condition 3, which states that emissions shall be controlled using internal controls, supplemental 

fuel, and coal with 1.1% sulfur and 6% ash content. 

Condition 5, which states that the fuel used shall be coal with natural gas as supplemental fuel. 

Condition 6, which states the limits on coal consumption for the dryer/kilns. 

Condition 7, which states the limits on brick production for the dryer/kilns. 

Condition 8, which states specifications for the coal used in the dryer/kilns. 

 

Condition 9, which states the emission limits for dryer/kiln operations. 

Condition 10, which provides visible emission limits for the dryer/kiln exhausts. 

Condition 11, which states the performance testing requirements for the dryer/kiln process. 

Condition 12, which states the fuel compliance requirements for the dryer/kilns. 

Monitoring

The monitoring requirement in Conditions 10 and 12 of the NSR permit have been incorporated 

to meet Part 70 requirements.The permittee shall perform a visible emission observation on each 

kiln exhaust stack (I.D. Nos. 5, 6, and 7) once each week during each week when there is 

operation. The visible emission observation shall be performed for a brief period of time to 

identify the presence of visible emissions. If, during any visible emission observation, visible 

emissions are observed (condensed water vapor/steam is not a visible emission) which are higher 

than 10% opacity, a visible emissions evaluation (VEE) shall be conducted using 40 CFR 60, 

Appendix A, Method 9, for six minutes. If the observed visible emissions are 10% opacity or 

less, no action shall be required. If the opacity average is higher than 20%, modifications and/or 

repairs shall be performed to correct the problem. If such correction action fails to correct the 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 7 

problem, a VEE using 40 CFR Part 60, Appendix A, Method 9 shall be conducted for 18 

minutes to determine compliance with the opacity limit. The visible emissions observer shall be 

Method 9 certified. 

Recordkeeping 

The recordkeeping requirements in Conditions 5, 6, 7, 8, 9, and 12 of the NSR permit have been 

incorporated to meet Part 70 requirements. 

a. The permittee shall maintain hourly and yearly records on coal consumption to meet NSR 

permit requirements, which shall include calculation of sulfur dioxide (SO2) emissions by the 

mass balance method to demonstrate compliance. (Conditions 6 and 9) 

Sulfur dioxide emissions shall be calculated in the following manner: 

[% sulfur in coal (from Item c.) x (lbs coal/month)/(total kiln operating hours/month) x 2] + 

[(%sulfur in shale) x (lbs shale/month)/(total kiln operating hours/month) x 2] = total lbs/hr 

of SO2. 

[% sulfur in coal (from Item c.) x (tons coal/yr) x 2] + [(% sulfur in shale) x (tons shale)/yr x 

2] = total tons SO2/yr. 

 

b. The permittee shall maintain hourly and yearly records of brick production to meet NSR 

permit requirements, which shall include calculation of NOx, VOC, and CO emissions by the 

use of pollutant-specific emission factors to demonstrate compliance. (Conditions 7 and 9) 

NOx, VOC, and CO emissions shall be calculated as follows: 

[(Total tons brick/month)/(total kiln operating hours/month)] x AP-42 factor = lbs/hr 

(Total tons brick/year) x AP-42 factor x 1 ton/2000 lbs = tons/yr 

 

c. The permittee shall maintain records demonstrating compliance with coal specifications for 

sulfur and ash content and for use in calculation of sulfur dioxide emissions; including 

vendor-supplied records and analyses. (Conditions 8, 9, and 12) 

d. There is no recordkeeping requirement for Condition 5 of the NSR permit. 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 8 

e. The permittee shall maintain records of the weekly visible emission checks on each kiln 

exhaust and any observations, VEE results, and corrective actions. 

f. The permittee shall maintain hourly and yearly records of particulate matter emissions from 

brick production. Hourly and yearly particulate emissions shall be calculated each month 

utilizing a production-based emission factor derived from the last performance test. 

Testing 

The permittee shall complete performance testing for particulate matter on each kiln exhaust 

as stated in Section III.A.8.of the Title V permit once every five years to demonstrate 

compliance with particulate emission limits. To the maximum extent possible, the 

requirements as sated in Section III.A.8. of the Title V permit for performance testing shall 

be the Title V performance test requirement and frequency; the next performance test (after 

the 180-day performance test for Kilns 6A or 6B) being completed in Calendar Year 2014. 

The Department and EPA have authority to require testing not included in this permit if 

necessary to determine compliance with an emission limit or standard. Details shall be 

arranged with the Director, Southwest Regional Office. (Conditions 3, 9 (PM 10 only), and 

11 of NSR Permit dated 8/200 ( as amended 9/4/07 and 1/28/10)) 

Streamlined Requirements 

Condition 13, which states the recordkeeping requirements, has been incorporated into the 

recordkeeping requirements for the brick manufacturing process.

EMISSION UNIT APPLICABLE REQUIREMENTS - Shale Preparation Process (02) - 

Dust Collection System with Fabric Filter Baghouse; Plant 28/Brick Making and Texturing 

(04) - Dust Collection System with Fabric Filter Baghouse; and Coal Processing System 

(08) with Fabric Filter Baghouse 

Limitations 

The following sections of the Virginia Administrative Code that have specific emission 

requirements have been determined to be applicable: 

 9 VAC 5-50-80, Modified Source Standard for Visible Emissions - Units that were constructed 

after March, 1972 are subject to the opacity requirement of 20%, except for one six-minute 

period in any one hour of not more than 30% opacity. 

9 VAC 5-50-20E, Compliance - The facility, including any associated air pollution control 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 9 

equipment, shall be operated in a manner so as to minimize emissions. 

9 VAC 5-40-260, Standard for Particulate Matter - 9 VAC 5-40-260A limits particulate 

emissions to 51.3 lbs/hr based on process weight rate of 100 tons per hour (for Units 02, 04); and 

particulate emissions to 7.78 lbs/hr based on process weight rate of 2.6 tons per hour (for Unit 

08). 

Monitoring 

a. The permittee shall perform a visible emission observation on each baghouse exhaust stack 

(I.D. Nos. 2, 4, and 8) once each week during each week when there is operation. The visible 

emission observation shall be performed for a brief period of time to identify the presence of 

visible emissions. If, during any visible emission observation, visible emissions are observed 

(condensed water vapor/steam is not a visible emission) which are higher than 10% opacity, 

a visible emissions evaluation (VEE) shall be conducted using 40 CFR 60, Appendix A, 

Method 9, for six minutes. If the observed visible emissions are 10% opacity or less, no 

action shall be required. If the opacity average is higher than 20%, modifications and/or 

repairs shall be performed to correct the problem. If such correction action fails to correct 

the problem a VEE using 40 CFR Part 60, Appendix A, Method 9 shall be conducted for 18 

minutes to determine compliance with the opacity limit. The visible emissions observer shall 

be Method 9 certified. 

b. The permittee shall monitor daily the pressure drop across each baghouse filter to ensure 

proper operation and maintenance. If a change in pressure drop occurs (outside 

manufacturer's specification limits), the cause should be determined and corrective action 

taken to maintain proper operation. 

Recordkeeping 

a. The permittee shall maintain records of the weekly visible emission checks on each baghouse 

exhaust and any observations, VEE results, and corrective actions. 

b. The permittee shall maintain records of the pressure drop across each baghouse filter, 

including any corrective actions taken. 

c. The permittee shall maintain the reporting and recordkeeping requirements of 40 CFR 60, 

Subpart OOO (40 CFR 60.670 (d)) for the Stedman crusher and conveyor extension. 

Testing 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 10 

The permit does not require source tests for this emission unit. A table of test methods has been 

included in the permit if testing is performed. The Department and EPA have authority to 

require testing not included in this permit if necessary to determine compliance with an emission 

limit or standard. 

GENERAL CONDITIONS

The permit contains general conditions required by 40 CFR Part 70 and 9 VAC 5-80-110, that 

apply to all Federal operating permit sources. These include requirements for submitting semiannual monitoring reports and an annual compliance certification report. The permit also 

requires notification of deviations from permit requirements or any excess emissions, including 

those caused by upsets, within four daytime business hours. 

The general requirements which apply to the facility include the administrative requirements of 

Chapter 20 of State Regulations, which describe the authority of the DEQ and the responsibility 

of the company to provide accurate information pertaining to air emissions. This chapter also 

outlines the responsibility of the company to maintain the facility in proper operation. 

Because the facility has units which were installed or modified after March 17, 1972, the 

compliance provisions of Chapter 50 of State Regulations apply. An opacity standard of 20% 

(one 6-minute period not more than 30%) applies.

FUTURE APPLICABLE REQUIREMENTS

The facility is a major source of sulfur dioxide and a hazardous air pollutant, hydrogen fluoride. 

Maximum Achievable Control Technology Standards (MACT) for brick and structural clay 

products manufacturing, under 40 CFR 63 (Subpart JJJJJ) and 9 VAC 5 Chapter 60, was 

promulgated on May 16, 2003, but vacated on June 18, 2007. The facility may be subject to 

those requirements. 

INAPPLICABLE REQUIREMENTS 

New Source Performance Standard (NSPS) Requirements for Nonmetallic Mineral Processing 

Plants in 40 CFR Part 60, Subpart OOO is not applicable except for the Stedman crusher and 

conveyor extension. The reporting and recordkeeping requirements of Subpart OOO, 40 CFR 

60.670 (d), apply to the crusher and conveyor extension. 40 CFR 60.670(e) exempts the 

remaining shale preparation equipment since construction was prior to 8/31/83. 

40 CFR 64, Compliance Assurance Monitoring (CAM), does not apply to the facility since the 

emission units do not meet the applicability requirements of Section 64.2 of 40 CFR 64. 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 11 

INSIGNIFICANT EMISSION UNITS

The insignificant emission units are presumed to be in compliance with all requirements of the 

Clean Air Act as may apply. Based on this presumption, no monitoring, recordkeeping or 

reporting shall be required for these emission units in accordance with 9 VAC 5-80-110. 

Insignificant emission units include the following: 

Emission 

Unit No. 

Emission Unit 

 Description 

Citation1 Pollutant Emitted 

(5-80-720 B.) 

Rated Capacity 

 03 Brick Making/ 

Texturing; Plant 

#6 

5-80-720 B PM 40 Tons/hr 

09 Kiln Car Vacuum 

Cleaner; Plant 6 5-80-720 B PM N/A 

10 Oil (Lubricating) 

Tanks (2) 5-80-720 B VOC 3,000 gallons each 

11 Diesel Fuel Tank 5-80-720 B VOC 1,000 gallons 

12 

Kiln Car Vacuum 

Cleaning System; 

Plant 28 

5-80-720 B PM N/A 

1

The citation criteria for insignificant activities are as follows: 

9 VAC 5-80-720 A - Listed Insignificant Activity, Not Included in Permit Application 

9 VAC 5-80-720 B - Insignificant due to emission levels 

9 VAC 5-80-720 C - Insignificant due to size or production rate 

CONFIDENTIAL INFORMATION

The permittee did not submit a request for confidentiality. All portions of the Title V application 

are suitable for public review. 

PUBLIC PARTICIPATION 

A public notice regarding the draft permit for renewal was placed in the Smyth County News & 
General Shale Brick, Inc. 

Registration No. 10244 

Statement of Basis 

Page 12 

Messenger, on March 31, 2010. EPA was sent a copy of the draft permit and notified of the 

public notice on March 24, 2010. The affected states, including Kentucky, Maryland, North 

Carolina and Tennessee, were sent a copy of the public notice by e-mail, fax or letter, dated 

March 24, 2010. No comments were received from the public or the EPA. The public comment 

period closed on April 30, 2010.