West Virginia Department of Environmental Protection

Bob Wise

Governor Division of Air Quality Stephanie R. TimmermeyerCabinet Secretary

Permit to Modify

R13-1425A

In accordance with the West Virginia Air Pollution Control Law (W. Va.

Code §§22-5-1 et seq.), and Regulations promulgated thereunder, the

following permittee is authorized to Construct, Subject to the Terms and

Conditions of this Permit, the Source described below.

Issued to:

Boxley Concrete Products of VA, Inc.

Beckley Plant

081-00170

__________________________________________

John A. Benedict

Director

Effective Date of Permit:

January 4, 2005
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

Page 2 of 16

West Virginia Department of Environmental Protection • Division of Air Quality

Permit Number: R13-1425A

Permittee: Boxley Concrete Products of VA, Inc.

Facility Name: Beckley Plant

Facility ID No.: 081-00170

Mailing Address: P.O. Box 13527, Roanoke, VA 24035

————————————————————————————————————

This permit is issued in accordance with the West Virginia Air Pollution Control Act (West Virginia Code §§22-5-1

et seq.) and 45 C.S.R. 13 – Permits for Construction, Modification, Relocation and Operation of Stationary Sources

of Air Pollutants, Notification Requirements, Temporary Permits, General Permits and Procedures for Evaluation. 

The permittee identified at the above-referenced facility is authorized to construct the stationary sources of air

pollutants identified herein in accordance with all terms and conditions of this permit.

——————————————————————

This permit will supercede and replace Permit R13-1425.

Facility Location: Bradley, Raleigh County, West Virginia

Mailing Address: P.O. Box 13527, Roanoke, VA 24035

Facility Description: Concrete Batch Plant

SIC Codes: 3273

UTM Coordinates: 477.95 Easting • 4,190.04 Northing • Zone 17

Permit Type: Modification

Description of Change: Update to the current permit to address the after-the-fact installation of a 60 ton flyash

silo (S1), the intermittent usage of a portable cement ground silo (S4), the addition of a

replacement plant dust collector (BAG4), and an increase in annual throughput. Hourly

capacity of the plant will remain unchanged.

Any person whose interest may be affected, including, but not necessarily limited to, the applicant and any person

who participated in the public comment process, by a permit issued, modified or denied by the Secretary may appeal

such action of the Secretary to the Air Quality Board pursuant to article one [§§22B-1-1 et seq.], Chapter 22B of the

Code of West Virginia. West Virginia Code §§22-5-14.

——————————————————————

The source is not subject to 45CSR30.
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

Table of Contents

1.0. Emission Units ............................................................................................... 4

2.0. General Conditions ....................................................................................... 5

2.1. Definitions ............................................................................................. 5

2.2. Acronyms ............................................................................................... 5

2.3. Authority ................................................................................................ 5

2.4. Term and Renewal ................................................................................. 6

2.5. Duty to Comply ...................................................................................... 6

2.6. Duty to Provide Information .................................................................. 6

2.7. Duty to Supplement and Correct Information ........................................ 6

2.8. Administrative Permit Update ................................................................ 6

2.9. Permit Modification ............................................................................... 7

2.10 Major Permit Modification .................................................................... 7

2.11. Inspection and Entry .............................................................................. 7

2.12. Emergency ............................................................................................. 7

2.13. Need to Halt or Reduce Activity Not a Defense .................................... 8

2.14. Suspension of Activities ......................................................................... 8

2.15. Property Rights ...................................................................................... 8

2.16. Severability ............................................................................................ 8

2.17. Transferability ........................................................................................ 8

2.18. Notification Requirements ..................................................................... 8

2.19. Credible Evidence .................................................................................. 8

3.0. Facility-Wide Requirements ........................................................................ 9

3.1. Limitations and Standards ...................................................................... 9

3.2. Monitoring Requirements ...................................................................... 10

3.3. Testing Requirements ............................................................................ 10

3.4. Recordkeeping Requirements ................................................................ 11

3.5. Reporting Requirements ........................................................................ 12

3.5.4. Operating Fee ......................................................................................... 12

4.0. Source-Specific Requirements ..................................................................... 13

4.1. Limitations and Standards ...................................................................... 13

4.2. Monitoring Requirements ...................................................................... 14

4.3. Testing Requirements ............................................................................ 15

4.4. Recordkeeping Requirements ................................................................ 15

4.5. Reporting Requirements ........................................................................ 15

CERTIFICATION OF DATA ACCURACY .......................................................... 16
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

1.0. Emission Units

Emission

Unit ID

Emission Unit

Description

Design

Capacity

Control

Device

Conveyors

BC1 Belt Conveyor #1 246 TPH

138,263 TPY None

BC2 Belt Conveyor #2 246 TPH

138,263 TPY None

BC3 Belt Conveyor #3 246 TPH

138,263 TPY None

SC1 Screw Conveyor #1 34 TPH

24,934 TPY Full Enclosure

SC2 Screw Conveyor #2 34 TPH

24,934 TPY Full Enclosure

Bins/Silos

B0 Surge Bin (Hopper) 20 tons Sand and Aggregate Partial Enclosure

B1 Bin No. 1 42 tons Sand and Aggregate Full Enclosure

B2 Bin No. 2 38 tons Sand and Aggregate Full Enclosure

B3 Bin No. 3 22 tons Sand and Aggregate Full Enclosure

B4 Bin No. 4 22 tons Sand and Aggregate Full Enclosure

S1 Flyash Silo No. 1 60 tons of flyash Baghouse 1

S2 Cement Silo No. 2 75 tons of cement Baghouse 2

S3 Cement Silo No. 3 75 tons of cement Baghouse 3

S4 Portable Cement Silo

(on/off site as needed) 200 tons of cement Baghouse 3

Process Equipment

WH1 Weigh Hopper No. 1 N/A Full Enclosure

WH2 Weigh Hopper No. 2 N/A Baghouse 4

Open Stockpile

OS1 Aggregate Stockpiles 1,000 tons Sand and

Aggregate Water Sprays

Vehicle Activity

HR Vehicle Activity N/A

Endloader Equipped with

Water Tank - Gravity Fed
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

2.0. General Conditions

2.1. Definitions

2.1.1. All references to the “West Virginia Air Pollution Control Act” or the “Air Pollution Control Act”

mean those provisions contained in W.Va. Code §§ 22-5-1 to 22-5-18.

2.1.2. The “Clean Air Act” means those provisions contained in 42 U.S.C. §§ 7401 to 7671q, and

regulations promulgated thereunder.

2.1.3. “Secretary” means the Secretary of the Department of Environmental Protection or such other

person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6

or 22-1-8 (45CSR§30-2.12.). The Director of the Division of Air Quality is the Secretary’s

designated representative for the purposes of this permit.

2.2. Acronyms

CAAA

CBI

CEM

CES

C.F.R. or

CFR

CO

C.S.R. or

CSR

DAQ

DEP

FOIA

HAP

HON

HP

lbs/hr

LDAR

M

MACT

MDHI

MM

MMBtu/hr or

mmbtu/hr

MMCF/hr or

mmcf/hr

NA

NAAQS

Clean Air Act Amendments

Confidential Business

Information

Continuous Emission Monitor

Certified Emission Statement

Code of Federal Regulations

Carbon Monoxide

Codes of State Rules

Division of Air Quality

Department of Environmental

Protection

Freedom of Information Act

Hazardous Air Pollutant

Hazardous Organic NESHAP

Horsepower

Pounds per Hour

Leak Detection and Repair

Thousand

Maximum Achievable Control

Technology

Maximum Design Heat Input

Million

Million British Thermal Units

per Hour

Million Cubic Feet Burned per

Hour

Not Applicable

National Ambient Air Quality

Standards

NESHAPS

NOX

NSPS

PM

PM2.5

PM10

Pph

Ppm

PpmV or

ppmv

PSD

Psi

SIC

SIP

SO2

TAP

TPY

TRS

TSP

USEPA

UTM

VEE

VOC

National Emissions Standards

for Hazardous Air Pollutants

Nitrogen Oxides

New Source Performance

Standards

Particulate Matter

Particulate Matter less than 2.5

μm in diameter

Particulate Matter less than

10μm in diameter

Pounds per Hour

Parts per Million

Parts per Million by Volume

Prevention of Significant

Deterioration

Pounds per Square Inch

Standard Industrial

Classification

State Implementation Plan

Sulfur Dioxide

Toxic Air Pollutant

Tons per Year

Total Reduced Sulfur

Total Suspended Particulate

United States Environmental

Protection Agency

Universal Transverse Mercator

Visual Emissions Evaluation

Volatile Organic Compounds

2.3. Authority

This Construction Permit is issued in accordance with West Virginia air pollution control law W.Va.

Code §§ 22-5-1. et seq. and the following Legislative Rules promulgated thereunder:
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

2.3.1. 45CSR13 – Permits for Construction, Modification, Relocation and Operation of Stationary

Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits and

Procedures for Evaluation;

2.4. Term and Renewal

2.4.1. This Permit supercedes and replaces previously issued Permit R13-1425A. This Permit shall

remain valid, continuous and in effect unless it is revised, suspended, revoked or otherwise

changed under an applicable provision of 45CSR13 or any other applicable legislative rule;

2.4.2. The Secretary shall review and may renew, reissue or revise this Construction Permit for cause.

2.5. Duty to Comply

2.5.1. The permitted facility shall be constructed and operated in accordance with the information filed in

Permit Application R13-1425, R13-1425A, and R13-1425B; Include any and all applicable

permits, consent orders, etc. and any amendments thereto. The Secretary may suspend or revoke a

permit if the plans and specifications upon which the approval was based are not adhered to;

[45CSR§13-10.3.]

2.5.2. The permittee must comply with all conditions of this permit. Any permit noncompliance

constitutes a violation of the West Virginia Code and the Clean Air Act and is grounds for

enforcement action by the Secretary or USEPA;

2.5.3. Violations of any of the conditions contained in this permit, or incorporated herein by reference,

may subject the permittee to civil and/or criminal penalties for each violation and further action or

remedies as provided by West Virginia Code 22-5-6 and 22-5-7;

2.5.4. Approval of this permit does not relieve the permittee herein of the responsibility to apply for and

obtain all other permits, licenses, and/or approvals from other agencies; i.e., local, state, and

federal, which may have jurisdiction over the construction and/or operation of the source(s) and/or

facility herein permitted.

2.6. Duty to Provide Information

The permittee shall furnish to the Secretary within a reasonable time any information the Secretary

may request in writing to determine whether cause exists for administratively updating, modifying,

revoking, or terminating the permit or to determine compliance with the permit. Upon request, the

permittee shall also furnish to the Secretary copies of records to be kept by the permittee. For

information claimed to be confidential, the permittee shall furnish such records to the Secretary along

with a claim of confidentiality in accordance with 45CSR31. If confidential information is to be sent to

USEPA, the permittee shall directly provide such information to USEPA along with a claim of

confidentiality in accordance with 40 C.F.R. Part 2.

2.7. Duty to Supplement and Correct Information

Upon becoming aware of a failure to submit any relevant facts or a submittal of incorrect information

in any permit application, the permittee shall promptly submit to the Secretary such supplemental facts

or corrected information.

2.8. Administrative Permit Update

The permittee may request an administrative update to this permit as defined in and according to the

procedures specified in 45CSR13.

[45CSR§13-4.]
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

2.9. Permit Modification

The permittee may request a minor modification to this permit as defined in and according to the

procedures specified in 45CSR13.

[45CSR§13-5.4.]

2.10 Major Permit Modification

The permittee may request a major modification to this permit as defined in and according to the

procedures specified in 45CSR14 or 45CSR19, as appropriate.

[45CSR§14-6. or 45CSR§19-12.]

2.11. Inspection and Entry

The permittee shall allow any authorized representative of the Secretary, upon the presentation of

credentials and other documents as may be required by law, to perform the following:

a. At all reasonable times (including all times in which the facility is in operation) enter upon the

permittee’s premises where a source is located or emissions related activity is conducted, or where

records must be kept under the conditions of this permit;

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

of this permit;

c. Inspect at reasonable times (including all times in which the facility is in operation) any facilities,

equipment (including monitoring and air pollution control equipment), practices, or operations

regulated or required under the permit;

d. Sample or monitor at reasonable times substances or parameters to determine compliance with the

permit or applicable requirements or ascertain the amounts and types of air pollutants discharged.

2.12. Emergency

2.12.1. An “emergency” means any situation arising from sudden and reasonable unforeseeable events

beyond the control of the source, including acts of God, which situation requires immediate

corrective action to restore normal operation, and that causes the source to exceed a technologybased emission limitation under the permit, due to unavoidable increases in emissions attributable

to the emergency. An emergency shall not include noncompliance to the extent caused by

improperly designed equipment, lack of preventative maintenance, careless or improper operation,

or operator error.

2.12.2. Effect of any emergency. An emergency constitutes an affirmative defense to an action brought

for noncompliance with such technology-based emission limitations if the conditions of Section

2.12.3 are met.

2.12.3. The affirmative defense of emergency shall be demonstrated through properly signed,

contemporaneous operating logs, or other relevant evidence that:

a. An emergency occurred and that the permittee can identify the cause(s) of the emergency;

b. The permitted facility was at the time being properly operated;

c. During the period of the emergency the permittee took all reasonable steps to minimize levels

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

d. The permittee submitted notice of the emergency to the Secretary within one (1) working day

of the time when emission limitations were exceeded due to the emergency and made a
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

request for variance, and as applicable rules provide. This notice must contain a detailed

description of the emergency, any steps taken to mitigate emissions, and corrective actions

taken.

2.12.4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency

has the burden of proof.

2.12.5 The provisions of this section are in addition to any emergency or upset provision contained in any

applicable requirement.

2.13. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for a permittee in an enforcement action that it should have been necessary to

halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

However, nothing in this paragraph shall be construed as precluding consideration of a need to halt or

reduce activity as a mitigating factor in determining penalties for noncompliance if the health, safety,

or environmental impacts of halting or reducing operations would be more serious than the impacts of

continued operations.

2.14. Suspension of Activities

In the event the permittee should deem it necessary to suspend, for a period in excess of sixty (60)

consecutive calendar days, the operations, either in whole or in part, authorized by this permit, the

permittee shall notify the Secretary, in writing, within two (2) calendar weeks of the passing of the

sixtieth (60) day of the suspension period.

2.15. Property Rights

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

2.16. Severability

The provisions of this permit are severable and should any provision(s) be declared by a court of

competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and

effect.

2.17. Transferability

This permit is transferable in accordance with the requirements outlined in Section 10.1 of 45CSR13.

[45CSR§13-10.1.]

2.18. Notification Requirements

2.18.1. The permittee shall notify the Secretary, in writing, within fifteen (15) calendar days of the

commencement of the construction, modification, or relocation activities authorized by this permit.

2.18.2. The permittee shall notify the Secretary, in writing, at least fifteen (15) calendar days prior to the

actual startup of the operations authorized under this permit.

2.19. Credible Evidence

Nothing in this permit shall alter or affect the ability of any person to establish compliance with, or a

violation of, any applicable requirement through the use of credible evidence to the extent authorized

by law. Nothing in this permit shall be construed to waive any defense otherwise available to the

permittee including, but not limited to, any challenge to the credible evidence rule in the context of any

future proceeding.
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

3.0. Facility-Wide Requirements

3.1. Limitations and Standards

3.1.1. Open burning. The open burning of refuse by any person, firm, corporation, association or public

agency is prohibited except as noted in 45CSR§6-3.1.

[45CSR§6-3.1.]

3.1.2. Open burning exemptions. The exemptions listed in 45CSR§6-3.1 are subject to the following

stipulation: Upon notification by the Secretary, no person shall cause, suffer, allow or permit any

form of open burning during existing or predicted periods of atmospheric stagnation. Notification

shall be made by such means as the Secretary may deem necessary and feasible.

[45CSR§6-3.2.]

3.1.3. Asbestos. The permittee is responsible for thoroughly inspecting the facility, or part of the

facility, prior to commencement of demolition or renovation for the presence of asbestos and

complying with 40 C.F.R. § 61.145, 40 C.F.R. § 61.148, and 40 C.F.R. § 61.150. The permittee

must notify the Secretary at least ten (10) working days prior to the commencement of any

asbestos removal on the forms prescribed by the Secretary if the permittee is subject to the

notification requirements of 40 C.F.R. § 61.145(b)(3)(i). A copy of this notice is required to be

sent to the USEPA, the Division of Waste Management and the Bureau for Public Health -

Environmental Health.

[40CFR61]

3.1.4. Odor. No person shall cause, suffer, allow or permit the discharge of air pollutants which cause or

contribute to an objectionable odor at any location occupied by the public.

[45CSR§4-3.1]

3.1.5. Permanent shutdown. A source which has not operated at least 500 hours in one 12-month

period within the previous five (5) year time period may be considered permanently shutdown,

unless such source can provide to the Secretary, with reasonable specificity, information to the

contrary. All permits may be modified or revoked and/or reapplication or application for new

permits may be required for any source determined to be permanently shutdown.

[45CSR§13-10.5.]

3.1.6. Standby plan for reducing emissions. When requested by the Secretary, the permittee shall

prepare standby plans for reducing the emissions of air pollutants in accordance with the

objectives set forth in Tables I, II, and III of 45CSR11.

[45CSR§11-5.2.]

3.1.7. Ozone-depleting substances. For those facilities performing maintenance, service, repair or

disposal of appliances, the permittee shall comply with the standards for recycling and emissions

reduction pursuant to 40 C.F.R. Part 82, Subpart F, except as provided for Motor Vehicle Air

Conditioners (MVACs) in Subpart B:

a. Persons opening appliances for maintenance, service, repair, or disposal must comply with the

prohibitions and required practices pursuant to 40 C.F.R. §§ 82.154 and 82.156.

b. Equipment used during the maintenance, service, repair, or disposal of appliances must

comply with the standards for recycling and recovery equipment pursuant to 40 C.F.R. §

82.158.

c. Persons performing maintenance, service, repair, or disposal of appliances must be certified

by an approved technician certification program pursuant to 40 C.F.R. § 82.161.
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

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West Virginia Department of Environmental Protection • Division of Air Quality

3.1.8. Maintenance of Air Pollution Control Equipment. The permittee shall install, operate, and

maintain all pollution control equipment in accordance with the manufacturer’s specifications so

as to provide the guaranteed minimum control efficiency, or with any more stringent control

requirements as set forth by any State rule, Federal regulation, or alternative control plan approved

by the Secretary.

[45CSR§13-5.11.]

3.2. Monitoring Requirements

3.2.1 For the purpose of demonstrating compliance with the limitations set forth in 45-7-3.1, the

permittee, except during startup and shutdown, shall not exceed the opacity limits set forth in

section 45-7-3.1. In order to determine compliance with this limit, the permittee shall perform

monthly testing in accordance with 40 CFR Part 60, Appendix A, Method 22. If any emissions are

observed during Method 22 testing, the permittee shall immediately investigate the cause(s), take

corrective action, and repeat the Method 22 test. If emissions are observed during the repeat test,

the permittee shall perform testing in accordance with 40 CFR Part 60, Appendix A, Method 9

within 3 days. Records of the Method 22 testing and any necessary Method 9 testing shall be

retained on site by the permittee for at least five (5) years. Upon request the records shall be

certified and made available to the Director or his/her duly authorized representative.

3.3. Testing Requirements

3.3.1. Stack testing. As per provisions set forth in this permit or as otherwise required by the Secretary,

in accordance with the West Virginia Code, underlying regulations, permits and orders, the

permittee shall conduct test(s) to determine compliance with the emission limitations set forth in

this permit and/or established or set forth in underlying documents. The Secretary, or his duly

authorized representative, may at his option witness or conduct such test(s). Should the Secretary

exercise his option to conduct such test(s), the operator shall provide all necessary sampling

connections and sampling ports to be located in such manner as the Secretary may require, power

for test equipment and the required safety equipment, such as scaffolding, railings and ladders, to

comply with generally accepted good safety practices. Such tests shall be conducted in accordance

with the methods and procedures set forth in this permit or as otherwise approved or specified by

the Secretary in accordance with the following:

a. The Secretary may on a source-specific basis approve or specify additional testing or

alternative testing to the test methods specified in the permit for demonstrating compliance

with 40 C.F.R. Parts 60, 61, and 63 in accordance with the Secretary’s delegated authority and

any established equivalency determination methods which are applicable. If a testing method

is specified or approved which effectively replaces a test method specified in the permit, the

permit will be revised in accordance with 45CSR§30-6.4. or 45CSR§30-6.5 as applicable.

b. The Secretary may on a source-specific basis approve or specify additional testing or

alternative testing to the test methods specified in the permit for demonstrating compliance

with applicable requirements which do not involve federal delegation. In specifying or

approving such alternative testing to the test methods, the Secretary, to the extent possible,

shall utilize the same equivalency criteria as would be used in approving such changes under

Section 3.3.1.a. of this permit. If a testing method is specified or approved which effectively

replaces a test method specified in the permit, the permit will be revised in accordance with

45CSR§30-6.4. or 45CSR§30-6.5 as applicable.
Permit R13-1425A

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West Virginia Department of Environmental Protection • Division of Air Quality

c. All periodic tests to determine mass emission limits from or air pollutant concentrations in

discharge stacks and such other tests as specified in this permit shall be conducted in

accordance with an approved test protocol. Unless previously approved, such protocols shall

be submitted to the Secretary in writing at least thirty (30) days prior to any testing and shall

contain the information set forth by the Secretary. In addition, the permittee shall notify the

Secretary at least fifteen (15) days prior to any testing so the Secretary may have the

opportunity to observe such tests. This notification shall include the actual date and time

during which the test will be conducted and, if appropriate, verification that the tests will fully

conform to a referenced protocol previously approved by the Secretary.

[WV Code § 22-5-4(a)(15)]

3.4. Recordkeeping Requirements

3.4.1. Monitoring information. The permittee shall keep records of monitoring information that

include the following:

a. The date, place as defined in this permit and time of sampling or measurements;

b. The date(s) analyses were performed;

c. The company or entity that performed the analyses;

d. The analytical techniques or methods used;

e. The results of the analyses; and

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

3.4.2. Record of Maintenance of Air Pollution Control Equipment.

a. The permittee shall maintain maintenance records relating to the failure and/or repair of air

pollution control devices and fugitive emissions control systems. Such records shall contain,

at a minimum, the equipment ID number, a brief description of the equipment, the date of

failure and/or repair, the nature of the problem, actions taken, and the name or initials of the

person making the record entry. In the event of air pollution control equipment, fugitive

emissions control system, or system failure, these records shall document the permittee’s

effort to maintain proper and effective operation of such equipment and/or systems.

b. Air pollution control equipment maintenance records shall be retained on-site for a period of

five (5) years. Certified records, signed by a Responsible Official or an Authorized

Representative shall be made available to the Secretary or a duly authorized representative

upon request; and

c. Maintenance records required by this section may be kept in electronic format. The

document(s) shall be printed and certified by a Responsible Official or Authorized

Representative upon request.

3.4.3. Retention of records. The permittee shall retain records of all required monitoring data and

support information for a period of at least five (5) years from the date of monitoring sample,

measurement, report, application, or record creation date. Support information includes all

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

monitoring instrumentation, and copies of all reports required by the permit. Where appropriate,

records may be maintained in computerized form in lieu of the above records.
Permit R13-1425A

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West Virginia Department of Environmental Protection • Division of Air Quality

3.4.4. Odors. For the purposes of 45CSR4, the permittee shall maintain a record of all odor complaints

received. Such record shall contain an assessment of the validity of the complaints as well as any

corrective actions taken.

3.5. Reporting Requirements

3.5.1. Responsible official. Any application form, report, or compliance certification required by this

permit to be submitted to the DAQ and/or USEPA shall contain a certification by the responsible

official that states that, based on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate and complete.

3.5.2. Confidential information. A permittee may request confidential treatment for the submission of

reporting required by this permit pursuant to the limitations and procedures of W.Va. Code § 22-

5-10 and 45CSR31.

3.5.3. Correspondence. All notices, requests, demands, submissions and other communications

required or permitted to be made to the Secretary of DEP and/or USEPA shall be made in writing

and shall be deemed to have been duly given when delivered by hand, or mailed first class with

postage prepaid to the address(es) set forth below or to such other person or address as the

Secretary of the Department of Environmental Protection may designate:

If to the DAQ:

Director

WVDEP

Division of Air Quality

601 - 57th Street

Charleston, WV 25304-2943

Phone: 304/926-0475

Fax: 304/926-0478

If to the US EPA:

Associate Director

Office of Enforcement and Permits Review

(3AP12)

U.S. Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, PA 19103-2029

3.5.4. Operating Fee

3.5.4.1. In accordance with 45CSR22 – Air Quality Management Fee Program, the permittee shall not

operate nor cause to operate the permitted facility or other associated facilities on the same or

contiguous sites comprising the plant without first obtaining and having in current effect a

Certificate to Operate (CTO). Such Certificate to Operate (CTO) shall be renewed annually,

shall be maintained on the premises for which the Certificate has been issued, and shall be

made immediately available for inspection by the Secretary or his/her duly authorized

representative.

3.5.4.2. In accordance with 45CSR22 – Air Quality Management Fee Program, enclosed with this

permit is an Application for a Certificate to Operate (CTO), from the date of initial startup

through the following June 30. Said application and the appropriate fee shall be submitted to

this office no later than 30 days prior to the date of initial startup. For any startup date other

than July 1, the permittee shall pay a fee or prorated fee in accordance with the Section 4.5 of

45CSR22. A copy of this schedule may be found on the reverse side of the Application for a

Certificate to Operate (CTO).

3.5.5. Emissions inventory. At such time(s) as the Secretary may designate, the permittee herein shall 

 prepare and submit an emission inventory for the previous year, addressing the emissions from the 

 facility and/or process(es) authorized herein, in accordance with the emission inventory submittal 

 requirements of the Division of Air Quality. After the initial submittal, the Secretary may, based 

 upon the type and quantity of the pollutants emitted, establish a frequency other than on an annual 

 basis.
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

Page 13 of 16

West Virginia Department of Environmental Protection • Division of Air Quality

4.0. Source-Specific Requirements

4.1. Limitations and Standards

4.1.1. Production of concrete at the facility shall not exceed 280 tons per hour and 163,197 tons per year. 

Compliance with the processing limit shall be determined using a rolling yearly total. A rolling

yearly total shall mean the sum of the tonnage processed at any given time for the previous twelve

(12) consecutive calender months.

4.1.2. In accordance with the information filed in permit application R13-1425A, all amendments

attached thereto, and all subsequent revisions submitted, the following maximum throughputs shall

not be exceeded at any time, and the following control equipment shall be installed, maintained,

and operated so as to minimize particulate matter emissions at all times of operation during the

“manufacturing process” (as defined in C.S.R. § 45-7-20) of any product:

 Table 1: Equipment Descriptions and Throughput

Equipment ID No. Description Maximum ThroughputsControl Equipment1

TPH TPY

OS1 Open Stockpile 246 138,263 WS

B0 Surge Bin 246 138,263 PE

BC1 Belt Conveyor #1 246 138,263 N

BC2 Belt Conveyor #2 246 138,263 N

B1

B2

B3

B4

Bin No. 1

Bin No. 2

Bin No. 3

Bin No. 4

246 138,263 FE

WH1 Weigh Hopper 246 138,263 FE

BC3 Belt Conveyor #3 246 138,263 N

S1 Flyash Silo No. 1 16 24,943 Baghouse 1

SC1 Screw Conveyor #1 34 24,943 FE

S2 Cement Silo No. 1 16 24,943 Baghouse 2

WH2 Weigh Hopper 34 24,934 Baghouse 4

S3 Cement Silo No. 2 16 24,943 Baghouse 3

SC2

Screw Conveyor #2 34 24,943 FE

S4 Portable Cement Ground Silo 16 24,943 Baghouse 3

1 FE - Full Enclosure; PE - Partial Enclosure; WS - Water Sprays, BAG1 - Baghouse 1, BAG2 - Baghouse 2, BAG3 - Baghouse 3, 

 BAG4 - Baghouse 4

4.1.5. All water sprays shall be designed and maintained so as to minimize the atmospheric entrainment

of fugitive particulate matter. The pump delivering the water shall be of sufficient size and

capacity so as to be capable of delivering to the spray nozzle(s) and adequate quantity of water,

and at a sufficient pressure, so as to assure that the treatment process will minimize the

atmospheric entrainment of fugitive particulate emissions. A freeze protection plan to insure the

wet suppression system remains operational.
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

Page 14 of 16

West Virginia Department of Environmental Protection • Division of Air Quality

(Facility-Wide Applicability)

4.1.6. The permittee shall maintain a vehicle equipped with a water tank on site and in good operating

condition, and shall utilize the it to apply water, or a mixture of water and an environmentally

acceptable dust control additive, hereinafter referred to as solution, as often as is necessary in

order to minimize the atmospheric entrainment of fugitive particulate emissions that may be

generated from haulroads and other work areas where mobile equipment is used. 

The water tank shall be of sufficient size and operated in a manner to provide adequate coverage to

the area being treated and to minimize the atmospheric entrainment of fugitive particulate

emissions generated from the haulroads and work areas where mobile equipment is used. 

(Facility-Wide Applicability)

4.1.7. No person shall cause, suffer, allow or permit emission of smoke and/or particulate matter into the

open air from any process source operation which is greater than twenty (20) percent opacity,

except as noted in subsections 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7. [45CSR7-3.1.] (Facility-Wide

Applicability)

4.1.8. No person shall cause, suffer, allow or permit particulate matter to be vented into the open air from

any type source operation or duplicate source operation, or from all air pollution control equipment

installed on any type source operation or duplicate source operation in excess of the quantity

specified under the appropriate source operation type in Table 45-7A found at the end of this rule

which will give the facility an allowable emission rate of 46.68 pounds of allowable particulate

matter per hour. Compliance with 45CSR§7-4.1. shall be demonstrated through compliance with

the more stringent particulate emission limits established in 4.1.1. [45CSR7-4.1.] (Facility-Wide

Applicability)

4.1.9. No person shall cause, suffer, allow or permit any manufacturing process or storage structure

generating fugitive particulate matter to operate that is not equipped with a system, which may

include, but not be limited to, process equipment design, control equipment design or operation

and maintenance procedures, to minimize the emissions of fugitive particulate matter. To

minimize means such system shall be installed, maintained and operated to ensure the lowest

fugitive particulate matter emissions reasonably achievable. [45CSR7-5.1.] (Facility-Wide

Applicability)

4.1.10. The owner or operator of a plant shall maintain particulate matter control of the plant premises,

and plant owned, leased or controlled access roads, by paving, application of asphalt, chemical

dust suppressants or other suitable dust control measures. Good operating practices shall be

implemented and when necessary particulate matter suppressants shall be applied in relation to

stockpiling and general material handling to minimize particulate matter generation and

atmospheric entrainment. [45CSR7-5.2] (Facility-Wide Applicability)

4.2. Monitoring Requirements

N/A - See Facility-Wide Monitoring Requirements

4.3. Testing Requirements

N/A - See Facility-Wide Testing Requirements

4.4. Recordkeeping Requirements

4.4.1. The permittee shall maintain daily, monthly, and 12 month yearly total records of the 

production of cement from the facility. The following information will be maintained on-site for a
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

Page 15 of 16

West Virginia Department of Environmental Protection • Division of Air Quality

period of no less than five (5) years and shall be certified and made available to the Director or his

duly authorized representative upon request.

(Facility-Wide Applicability)

4.4.2 The permittee shall maintain daily, monthly, and 12 month yearly total records of the hourly and

yearly throughput of flyash and cement into and from the Flyash Silo 1, Cement Silo 1, Cement

Silo 2, and the Portable Cement Ground Silo. The following information will be maintained onsite for a period of no less than five (5) years and shall be certified and made available to the

Director or his duly authorized representative upon request.. (S1, S2, S3, S4)

4.4.3 The permittee shall maintain daily records on the sprinkler system that include the frequency and

duration of the use of the system. The following information will be maintained onsite for a

period of no less than five (5) years and shall be certified and made available to the Director or his

duly authorized representative upon request. (Facility-Wide Applicability)

4.4.4. The amount, duration, and frequency of water utilized on haulroads or roads where mobile

vehicles are utilized shall be record on a daily basis. The following information will be maintained

on-site for a period of no less than five (5) years and shall be certified and made available to the

Director or his duly authorized representative upon request.. (Facility-Wide Applicability)

4.4.5. The permittee shall maintain monthly records of visible emissions checks using 40 C.F.R. 60

Appendix A, Method 22. The permittee shall also maintain records of visible emission checks

using 45CSR7A when visible emissions checks using Method 22 exceed the limit set forth in

45CSRand any corrective measures taken to correct visible emissions if 45CSR7A opacity checks

were not conducted. Said records shall be made available to the Director of Division of Air

Quality or his/her duly authorized representative upon request. (Facility-Wide Applicablity)

4.5. Reporting Requirements

N/A
Permit R13-1425A

Boxley Concrete Products of VA, Inc. • Beckley Plant

Page 16 of 16

West Virginia Department of Environmental Protection • Division of Air Quality

CERTIFICATION OF DATA ACCURACY

I, the undersigned, hereby certify that all information contained in the attached

____________________________________, representing the period beginning

_________________________ and ending _________________________, and any supporting

documents appended hereto, is true, accurate, and complete based on information and belief after

reasonable inquiry.

Signature1

(please use blue ink) Responsible Official or Authorized Representative Date

Name & Title

(please print or type) Name Title

Telephone No. Fax No.

1 This form shall be signed by a “Responsible Official.” “Responsible Official” means one of the following:

a. For a corporation: The president, secretary, treasurer, or vice-president of the corporation in charge of a

principal business function, or any other person who performs similar policy or decision-making functions

for the corporation, or a duly authorized representative of such person if the representative is responsible for

the overall operation of one or more manufacturing, production, or operating facilities applying for or

subject to a permit and either:

(i) the facilities employ more than 250 persons or have a gross annual sales or expenditures exceeding $25

million (in second quarter 1980 dollars), or

(ii) the delegation of authority to such representative is approved in advance by the Director;

b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

c. For a municipality, State, Federal, or other public entity: either a principal executive officer or ranking

elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the

chief executive officer having responsibility for the overall operations of a principal geographic unit of the

agency (e.g., a Regional Administrator of U.S. EPA); or

d. The designated representative delegated with such authority and approved in advance by the Director.