From: Howard L. Gilberg [ mailto:Gilberg@guidaslavichflores.com ]

Sent: Friday, December 27, 2013 3:33 PM

To: Telander, Jeff; Barnett, Keith

Cc: Eric Astrachan ; Connie O'Neal; Robert Hurt; Steve Willis; Steven T. Wiederwax Subject: Florim Synthetic Minor Air Permit



### Gentlemen:

Attached is the referenced permit. We now have provided the evidence you requested confirming all four formerly MACT major source floor tile plants are now synthetic minor sources.

I renew our request that EPA decline to propose MACT major source regulations for ceramic tile floor plants (what we describe as an administrative carve out).Such regulations would regulate no entity and are a waste of resources. The Consent Decree can be satisfied by issuing regulations for the Category that do not include these plants. Case by case MACT addresses any future concerns you may continue to have.

Please advise. Thank you.

Sent from my iPhone

Beg in forwarded message:

From: "Pervenia P. Brown" < Brown@guidaslavichflores.com >
To: "Howard L. Gilberg" < Gilberg@guidaslavichflores.com > Subject: Per mit

Please see attached.

Thank you,

Pear

Pervenia P. Brown Legal Secretary to Howard L. Gilberg, Tonya L. Meier, Michael R. Goldman

and David E. Whitten Guida, Slavich & Flores, P.C. 750 North St. Paul Street, Suite 200 Dallas, TX 75201 (ofc): 214.692.00 09 Ext. 157 (fax): 214.692.6610 brown@gsfpc.com < mailto:brown@gsfpc.com > www.gsfpc.com < http://www.gsfpc. com/ >

[cid:image001. gif@01CF02DA.C6914910 ]This message, as well as any attached document, contains information that is confidential and/or privileged, or may contain attorney work product. The

information is intended only for the use of the addressee named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this message or its attachments is strictly prohibited, and
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- client privilege or any other privilege. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic sig nature, nor is it intended to reflect an intention to make an agreement by electronic means.CN

- 0754(Rev. 2

- 13) RDA

- 1298 STATE OF TENNESSEE

AIR POLLUTION CONTROL BOARD

DEPARTMENT OF ENVIRONMENT AND CONSERVATION NASHVILLE, TENNESSEE 37243

- 1531



### Permit to Construct or Modify an Air Contaminant Source Issued Pursuant to Tennessee Air Quality Act

Date Issued: December 26, 2013 Permit Number:

967768P Date Expires: January 1, 2015

Issued To: Installation Address: Florim USA, Inc. 300 International Blvd.

Clarksville

Installation Description: Emission Source Reference No.

09: Tile Kilns #6, 7, 8, 9 63

- 0135

30: Tile Kiln #1

The holder of this permit shall comply with the conditions contained in this permit as well as all applicable provisions of the Tennessee Air Pollution Control Regulations.

CONDITIONS:

1. The application that was utilized in the preparation of this permit is dated September 16, 2013, and is signed by Giovanni Grossi, President and CEO for the permitted facility. In a letter dated November 20, 2013, Arrigo Zapparoli, President was designated as the new responsible official. If this person terminates employment or is reassigned different duties and is no longer the responsible person to represent and bind the facility in environmental permitting affairs, the owner or operator of this air contaminant source shall notify the Technical Secretary of the change. Said notification shall be in writing and subm itted within thirty (30) days of the change. The notification shall include the name and title of the new person assigned by the source owner or operator to represent and bind the facility in environmental permitting affairs. All representations, agreeme nt to terms and conditions and covenants made by the former responsible person that were used in the establishment of limiting permit conditions on this permit will continue to be binding on the facility until such time that a revision to this permit is ob tained that would change said representations, agreements and covenants.

(conditions continued on next page)

_______________________________________ TECHNICAL SECRETARY

No Authority is Granted by this Permit to Operate, Construct, or Mainta in any Installation in Violation of any Law, Statute, Code, Ordinance, Rule, or Regulation of the State of Tennessee or any of its Political Subdivisions.

NON

- TRANSFERABLE POST AT INSTALLATION ADDRESSCN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 2 of 9

SECTION I: The following conditions shall apply to the entire facility. Conditions 2

– 5

.

2

. The maximum emission rate from the entire facility for any single hazardous air pollutant (HAP), listed pursuant to Section 112(b) of the Federal Act, shall not exceed 9.9 tons per year. Total emissions of all HAPs from the entire facility shall not exceed 24.9 tons per year. In the event that the emission rates from the entire facility exceed these limits, the permittee shall provide written notification of the exceedance(s) t o the Technical Secretary within fifteen (15) days from the date of discovery.

TAPCR 1200

- 0 3

- 07

- .0 1(5) ; Letter of agreement dated September 17, 2013

3. This facility (63

- 0135) is subject to the National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources (40 CFR Part 63, Subpart RRRRRR).

4. This permit (regardless of the expiration date) shall serve as a temporary operating permit from permit issuance to the receipt of a Major Source Operating Permit Modification, provided the Permit Modification is applied for in

accordance with TAPCR 1200

- 03

- 09

- .02(11)(f)5., and provided the conditions of this permit and any applicable

emission standar ds are met. The permittee shall apply for a Permit Modification within 30 days of issuance of this permit.

5

. This source shall operate in accordance with the terms of this permit and the information submitted in the approved permit application.

SECTION II: SOURCE SPECIFIC CONDITIONS

63

- 0135

- 09 Tile Kilns #6, #7, #8 and #9. This source fires greenware in 4 tile kilns. There are two baghouses

with sorbent

- injection used for pollution control. Baghouse A49 controls Tile Kilns #6 and #7,and Baghouse A48 controls Tile Kilns #8 and #9.

Conditions 6 through 18 apply to source 63

- 0135

- 09

6

. The maximum material input rate for this source shall not exceed 53,620 pounds per hour of glazed ceramic tile greenware in total (dry basis).

Permit Number 951238P, Condition 2

Compliance Method: The permittee shall assure compliance with this limitation by calculating the daily average material input rate. The permittee shall maintain a log of the daily material input, operating hours, and daily

average m aterial input rate.

Daily Average Material Input Rate

Date Material Input (lb) Operating

Hours (hours) Daily Average

Material Input Rate (lb/hr)

1

2

Etc.

31

The following equation shall be used to calculate the daily average material input rate:

Daily Average Material Input Rate (lb/hr) = Material Input (lb/day) Operating Hours (hours/day)

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 3 of 9

7. The stated design heat input capacity for this source is 31.2 million British Thermal Units per hour (MMBtu/hr). The Technical Secretary may require the permittee to prove compliance with this rate.

8. Only natural gas and propane shall be used as a fuels for this source.

9. Particulate matter (PM) emitted from each kiln shall not exceed 0.2 pounds per hour (0.8 pounds per hour total for all four kilns).

TAPCR 1200

- 0 3

- 26

- .02; Letter of agreement dated October 1, 1999

Baghouse A49 controlling Kilns #6 and 7 Compliance Method: The permittee shall assure compliance with this emission limitation by maintaining a baghouse pressure drop equal to or above 4 .0 inches of water across the baghouse (A49). The pressure drop for the baghouse shall be recorded once daily when the source is in operation. Days when the source is not operating

shall be noted.

Baghouse A48 controlling Kilns #8 and 9 Compliance Method: The permittee shall assure compliance with this emission limitation by maintaining a baghouse pressure drop equal to or above 4.0 inches of water across the baghouse (A48). The pressure drop for the baghouse shall be recorded once daily when the source is in operation. Days when the source is not operating

shall be noted.

For lower pressure drop reading(s) resulting from replacement of bags, the permittee shall record the deviation(s) as such in their daily records. Due allowance will be made for lower pressure drop reading(s) which follow replacement of bags provided the permittee establishes to the satisfaction of the Technical Secretary that t hese lower readings resulted from the replacement of bags.

C ompliance with the above specified particulate emission limit shall be assured by maintaining the required minimum pressure drop for the baghouse. The pressure drop for the baghouse shall be rec orded once daily when the source is in operation. Days when the source is not operating shall be noted.

10. Sulfur dioxide emitted from this source (63

- 0135

- 09) shall not exceed 16.0 pounds per hour.

TAPCR 1200

- 0 3

- 26

- .02; Letter of agreement dated October 1, 1999

Compliance Method: The permittee shall assure compliance with this limitation by maintaining the hydrated lime feed rate to each baghouse equal to or above 8. 6 pounds per hour and by maintaining the sodium bicarbonate feed rate to each baghouse equal to or above 50.5 pounds per hour. The permittee shall manually check the hydrated lime and sodium bicarbonate feed rate s to each baghouse once per day and record the value s in a l og. Days when the source is not operating shall be noted.

The permittee sha ll maintain free

- flowing hydrated lime and sodium bicarbonate in the feed hopper or silo and to each baghouse at all times. The permittee shall maintain the feeder setting at or above the level s listed above

. The permittee shall inspect the sorbent injection system once daily and record the results of the inspection in a log. The permittee shall promptly correct any problems with the sorbent injection system.

11. Volatile Organ ic Compounds (VOC) emitted from this source (63

- 0135

- 09) shall not exceed 11.5 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based on compliance with Condition 6 , and an

emission factor of 0.43 pounds of VOC per ton of ceramic product produced (from AP

- 42, Table 11.7

- 2, published July 1996).

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 4 of 9

12. Nitrogen oxides (NOx) emitted from this source (63

- 0135

- 09) shall not exceed 8.6 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based on compliance with Condition 6 , and a source test performed on a kiln in November 1998 referenced in the Title V permit application.

13. Carbon monoxide (CO) emitted from this source (63

- 0135

- 09) shall not exceed 71.0 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based on compliance with Condition 6 , and a source test performed on a kiln in Novembe r 1998 referenced in the Title V permit application.

14. Hydrogen fluoride (HF) emitted from this source (63

- 0135

- 09) shall not exceed 0.62 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: The permittee shall assure compliance with this limitation by the compliance method specified in Condition 10

.

15. Hydrogen chloride (HCl) emitted from this source (63

- 0135

- 09) shall not exceed 1.6 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .01 ( 5 ) ; Application dated September 16, 2013

Compliance Method: The permittee shall assure compliance with this limitation by the compliance method specified in Condition 10

.

16. Sulfuric acid (H 2 SO 4 ) emitted from this source (63

- 0135

- 09) shall not exceed 0.85 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based on compliance with Condition 6 , and a source test performed on a kiln in November 1998 referenced in the Title V permit application.

17. Visible emissions from this source (63

- 0135

- 09) sh all not exceed ten (10) percent opacity. Visible emissions from this source shall be determined by EPA Method 9, as published in the current 40 CFR 60, Appendix A (six

minute average).

TAPCR 1200

- 0 3

- 0 5

- .01(3)

– Letter of agreement dated October 1, 1999

Compliance Method: The permittee shall assure compliance with the opacity standard by utilizing the opacity matrix dated June 18, 1996 that is enclosed as Attachment 2 of Permit #562538

.

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 5 of 9

18. This source (63

- 0135

- 09) is subject to 40 CFR Part 64

- Compliance Assurance Monitoring (CAM) for hydrogen flouride, hydrogen chloride, and sulfur dioxide. The following table summarizes the CAM requirements:

Monitoring Element Indicator Indicator

Indicator Sorbent ( hydrated lime and sodium

bicarbonate ) feed rate Baghouse pressure drop.

Measurement Approach The permittee will determine the feed rate s by

noting feeder setting and measuring the output of the feeder system by disconnecting the feeder hose from the pump and discharging material to

a pre

- weighted container over a predetermined duration. The permittee will then measure the weight of the resultant material and extrapolate the dry sorbent feed rate over time

. The permittee shall measure th e pressure drop across each baghouse once daily

Indicator Range The permittee s hall maintain the hydrated lime

feed rate to each baghouse equal to or above

8. 6 pounds per hour and by maintaining the sodium bicarbonate feed rate to each baghouse equal to or above 50.5 pounds per hour. The permittee shall maintain the pressure drop across each baghouse equal to or above 4.0 inches of water.

Data Representativenes s The permittee will measure the hydrated lime

and sodium bicarbonate feed rate s to each baghouse unit at the junction of the auger and pneumatic suction feed hose. Magnahelic gauges positioned at inlet and outlet of baghouse, installed by authorized equip ment representative.

Verification of Operational Status The permittee shall inspect the hydrated lime

and sodium bicarbonate injection system s once daily and record the results of the inspection in a log. The permittee shall promptly correct any problems with the sorbent injection system. Not applicable.

QA/QC Practices and

Criteria Sorbent feed equipment is calibrated,

maintained, and operated in accordance with manufacturer’s instructions. All equipment is inspected per facility preventive maintenance practices. Instrumentation is calibrated, maintained, and operated in

accordance with manufacturer’s instructions. All equipment is inspected per facility preventive maintenance practices. Monitoring Frequency and Data

Collection Procedures The hydrated lime and sodium bicarbonate feed

rate s to each baghouse shall be measured once per day and reco rded in a suitable format (log)

that shall be maintained on

- site, and made available for inspection. Pressure drop shall be measured once per day and recorded in a suitable format (log) that shall be maintained

on

- site, and made available for

review. Averaging Period No average is taken. No average is taken.

Minimum Data Availability Requirement Not applicable. Not applicable.

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 6 of 9

63

- 0135

- 30 Green Tile Roller Kiln #1. This source fires greenware. Sorbent

- Injected Baghouse Control.

Conditions 19 through 33 apply to source 63

- 0135

- 30

19. The maximum material input rate for this source shall not exceed 17,371 pounds per hour of glazed ceramic tile greenware in total (dry basis).

Permit Number 958314P, Condition 2

Compliance Method: The permittee shall assure compliance with this limitation by calcu lating the daily average material input rate. The permittee shall maintain a log of the daily material input, operating hours, and daily average material input rate.

Daily Average Material Input Rate

Date Material Input (lb) Operating

Hours (hours) Daily Average

Material Input Rate (lb/hr)

1

2

3

Etc.

30

31

The following equation shall be used to calculate the daily average material input rate:

Daily Average Material Input Rate (lb/hr) = Material Input (lb/day) Operating Hours (hours/day)

20. The stated design heat input capacity for this source is 23.0 million British Thermal Units per hour (MMBtu/hr). The Technical Secretary may require the permittee to prove compliance with this rate.

21. Only natural gas and propane shall be used as a fuels for this source.

22. Operating time shall not exceed 8160 hours during all intervals of twelve consecutive months.

Compliance Method: The permittee shall assure compliance with this limitation by keeping a log (similar to the one below) of the monthly and yearly operating time.

Month, Year Hours of

Operation (hours) Hours of Operation

(hours/12 consecutive months)
January February

Etc.

December The Hours per 12 consecutive month value is the sum of the Hours of Operation (in hours) in the 11 months preceding the month just completed + the Hours of Operation (in hours) in the month just completed.

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 7 of 9

23. Particulate matter (PM) emitted from this sour ce (63

- 0135

- 30) shall not exceed 0.2 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .01(5)

– Letter of agreement dated June 6, 2005

Compliance Method: The permittee shall assure compliance with this emission limitation by maintaining a baghouse pressure drop equal to or above 2.5 inches of water across the baghouse

. The pressure drop for the baghouse shall be recorded once daily when the source is in operation. Days when the source is not operating shall

be noted.

For lower pressure drop reading(s) resulting from replacement of bags, the permittee shall record the deviation(s) as such in their daily records. Due allowance will be made for lower pressure drop reading(s) which follow replacement of bags provided the permittee establishes to the satisfaction of the Technical Secretary that these lower readings resulted from the replacement of bags.

24. Sulfur dioxide emitted from this source (63

- 0135

- 30) shall not exceed 8 .72 pounds per hour and 35.6 tons during all

intervals of twelve consecutive months.

TAPCR 1200

- 0 3

- 14

- .01(3); Letter of agreement dated June 6, 2005

Compliance Method: The permittee shall assure compliance with this limitation by maintaining the sodium

bicarbonate feed rate to the baghouse equal to or above 69.1 pounds per hour. The permittee shall manu ally

check the sodium bicarbonate feed rate to the baghouse once per day and record the value in a log. Days when the source is not operating sha ll be noted.

The permittee shall maintain free

- flowing sodium bicarbonate in the feed hopper or silo and to the baghouse at all times. The permittee shall maintain the feeder setting at or above the level listed above. The permittee shall inspect the so rbent injection system once daily and record the results of the inspection in a log. The permittee shall promptly correct any problems with the sorbent injection system.

25

. Nitrogen oxides (NOx) emitted from this source(63

- 0135

- 30), when burning natural gas shall not exceed 2.78 pounds per hour. This consists of a contribution of no more than 1.15 pounds per hour of NOx from natural gas

combustion and a contribution of no more than 1.63 pounds per hour of NOx emissions from clay. The natural gas

NOx emi ssion limitation is based on the AP

- 42 emission factor of 50 pounds of NOx per million cubic feet of natural gas combustion, found at AP

- 42 Table 1.4

- 1. E mission F actors for N itrogen O xides (NOx) and C arbon

M onoxide (CO) from N atural G as C ombustion . This emission factor is equivalent to a NOx emission rate of 0.05 lbs per million Btu of heat input for natural gas combustion.

In order to stay below the threshold for applicability of low

- NOx requirements for fuel combustion sources, the permittee has agreed that propane will not be burned for more than 1000 hours over any calendar year.

TAPCR 1200

- 0 3

- 0 7

- .07(2) for hourly limits

TAPCR 1200

- 0 3

- 0 7

- .01(5)

– Letter of agreement dated June 13, 2007 for annual propane usage limit.

Compliance Method: The permittee shall maintain records on site, available for inspection by a representative of the Division, which show compliance with the natural gas NOx emission limit. The permittee must keep a monthly log of the hours of operation while burning any amount of propane, and this value must be summed for all 12 months at the end of each calendar y ear. Additionally, the permittee must comply with the maximum heat input limit specified in C ondition E2 0 of this permit in order to comply with the above emis sion limits. Compliance with the emission limit for NOx from clay is based upon the permittee ’s emission factor of 0.32 pounds of NOx per ton of clay and the process weigth rate limit of 8.69 tons (17,371 pounds) of clay pe r hour, found at Condition 19

. Th e permittee shall keep documentation available for inspection by a representative of the Division to show compliance with this limit.

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 8 of 9

2 6

. Volatile organic compounds (VOC) emitted from this source (63

- 0135

- 30) shall not exceed 3.73 pounds per hour and 15.3 tons during all intervals of twelve consecutive months.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based on compliance with Condition 1 9 , and an

emis sion factor of 0.43 pounds of VOC per ton of ceramic product produced (from AP

- 42, Table 11.7

- 2, published July 1996).

27. Carbon monoxide (CO) emitted from this source (63

- 0135

- 30) shall not exceed 23.0 pounds per hour and 93.9 tons during all intervals of twelve consecutive months.

TAPCR 1200

- 0 3

- 0 7

- .07(2); Hourly limitation

TAPCR 1200

- 0 3

- 0 7

- .01(5); Annual limitation established pursuant to agreement letter dated June 6, 2005 and

taken to avoid PSD review

Compliance Method: Compliance with this condition is assured based on compliance with Condition 19 and a source test performed on a kiln in November 1998 referenced in the Title V permit application.

28. Hydrogen fluoride (HF) emitted from this source (63

- 0135

- 30) shall not exceed 0.2 pounds per hour and 0.82 tons during all intervals of twelve consecutive months.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: The permittee shall assure compliance with this limitation by the compliance method specified in Condition 24

.

29. Hydrogen chloride (HCl) emitted from this source (6 3

- 0135

- 30) shall not exceed 0.5 pounds per hour and 2 .04 tons during all intervals of twelve consecutive months.

TAPCR 1200

- 0 3

- 0 7

- .0 1 ( 5 ) ; Application dated September 16, 2013.

Compliance Method: The permittee shall assure compliance with this limitation by the compliance method specified in Condition 24

.

30. Sulfuric acid mist (H 2 SO 4 ) emitted from this source (63

- 0135

- 30) shall not exceed 0.55 pounds per hour.

TAPCR 1200

- 0 3

- 0 7

- .07(2)

Compliance Method: Compliance with this condition is assured based o n compliance with Condition 19 , and a source test performed on a kiln in November 1998 referenced in the Title V permit application.

31. Visible emissions from this source shall not exhi bit greater than ten percent (10%) opacity, except for one (1) six

minute period in any one (1) hour period, and for no more than four (4) six

- minute periods in any twenty

- four (24) hour period. Visible emissions from this source shall be determined by EP A Method 9, as published in the current 40 CFR 60, Appendix A (six

- minute average).

TAPCR 1200

- 0 3

- 0 5

- .01(3)

– Letter of agreement of June 6, 2005.

Compliance Method: The permittee shall assure compliance with the opacity standard by utilizing the opacity

matrix dated June 18, 1996 that is enclosed as Attachment 1 of Permit #562538

. If the magnitude and frequency of excursions reported by the permittee in the periodic monitoring for emissions is unsatisfactory to the Technical Secretary, this permi t may be reopened to impose additional opacity monitoring requirements.

(conditions continued on next page)CN

- 0754(Rev. 2

- 13) RDA

- 1298 96 7 768P page 9 of 9

32. The Technical Secretary may require the permittee to determine the Chlorine and Fluorine content of the material input to the process.

33. The exhaust gases from this source (roller kiln #1) shall be discharged unobstructed vertically upwards to the ambient air from a stack with an exit diameter of 42 inches not less than 49.2 feet above ground level. Should this

source in the future increase its emission of HF or revise its stack parameters, the source shall be remodeled for ambient air quality.

(end of conditions)