Commonwealth of Kentucky 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601 

(502) 564-3999 

AIR QUALITY PERMIT

Issued under 401 KAR 52:040 

Permittee Name: Owensboro Brick and Tile Co. 

Mailing Address: P.O. Box 907, Owensboro, KY 42303 

Source Name: Owensboro Brick and Tile Co. 

Mailing Address: 1203 Ewing Rd. 

Owensboro, KY 42303 

Source Location: 1203 Ewing Rd.

Permit ID: S-05-104 R3 

Agency Interest #: 37847

Activity ID: APE20110002 

Review Type: Minor Source, Operating 

Source ID: 21-059-00025 

Regional Office: Owensboro Regional Office 

 3032 Alvey Park Dr. W., Suite 700 

 Owensboro, KY 42303 

 (270) 687-7304 

County: Daviess 

Application 

Complete Date: September 1, 2006 

Issuance Date: April 28, 2005 

Revision Date: August 5, 2011 

Expiration Date: April 28, 2015 

 

John S. Lyons, Director

 Division for Air Quality

Version 06/26/09 
Version 7-20-2010 

TABLE OF CONTENTS 

SECTION ISSUANCE PAGE 

 

A. PERMIT AUTHORIZATION Initial 1 

 

B. EMISSION POINTS, EMISSIONS UNITS, APPLICABLE Revision 3 2 

REGULATIONS, AND OPERATING CONDITIONS 

C. GENERAL CONDITIONS Revision 3 8 

Permit type Activity# Complete 

Date 

Issuance 

Date 

Summary of

Action 

C-92-060 Initial Construction 02/27/1992 02/27/1992 Initial 

Construction 

Permit

S-05-104 Initial State 

Permit 

APE20050001 02/08/2005 04/28/2005 Replaced fugitive 

units; added brick 

dryer, tunnel kilns

S-05-104R1 Permit 

Revision 

APE20100001 01/25/2010 01/26/2010 Replaced Crusher, 

changed Wet 

Suspension dust 

control system to 

Torit Cartridge 

S-05-104R2 Administrative 

Amendment 

APE20110001 02/03/2011 02/09/2011 Name change to 

Owensboro Brick, 

LLC

S-05-104R3 Permit 

Revision 

APE20110002 8/1/2011 Modified op. limits 

and monitoring of 

dryers to duplicate 

test conditions; 

corrected HF conc. 

limits
Permit Number: S-05-104 R3 Page: 1 of 12 

SECTION A - PERMIT AUTHORIZATION 

Pursuant to a duly submitted application the Kentucky Division for Air Quality (Division) 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 (KRS) Chapter 224 and regulations promulgated pursuant thereto. 

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

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

authority, except as provided in this permit or in 401 KAR 52:040, State-origin permits. 

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

permits, licenses, or approvals required by the Kentucky Energy and Environment Cabinet (Cabinet) 

or any other federal, state, or local agency. 

 
Permit Number: S-05-104 R3 Page: 2 of 12 

SECTION B - EMISSION POINTS, EMISSION UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS

Emission Unit 01: 

(EP-24) Waste Heat Brick Dryer rated at 3.25 ton/hr bricks 

(EP-25) Tunnel Kiln #1 rated at 5.2 MMBtu/hr natural gas 

These two units share a common stack 

(EP-26) Waste Heat Brick Dryer rated at 3.61 ton/hr bricks 

(EP-27) Tunnel Kiln #2 rated at 5.98 MMBtu/hr natural gas 

These two units share a common stack 

Description:

Two natural gas burning heaters for two brick dryers equipped with recycling heat 

Construction Commenced: April 1992 

Primary Fuel: Natural Gas 

APPLICABLE REGULATIONS: 

401 KAR 59:010, New process operations, applicable to emission units constructed after July 2, 

1975. 

401 KAR 53:010, Ambient air quality standards, contaminant concentrations are applicable to 

any single point location. 

State-Origin Applicable Regulations:

401 KAR 63:020, Potentially hazardous matter or toxic substances 

1. Operating Limitations: 

a. The process weight rate of bricks in either dryer shall not exceed 3.14 tons/hr [to stay below 

the threshold established in 401 KAR 53:010]. 

b. The permittee shall not allow exhaust fan speeds to fall below 25 hz for kiln#1 and 64.6 hz 

for kiln 2 [to stay below the threshold established in 401 KAR 53:010]. 

2. Emission Limitations: 

a. Emissions of particulate matter from the stack serving dryer 01 (EP-24) and kiln 01 (EP-25) 

shall not exceed 7.46 lbs/hr, based on a three (3)-hour average [401 KAR 59:010, Section 

3(2)]. 

b. Emissions of particulate matter from the stack serving dryer 02 (EP-26) and kiln 02 (EP-27) 

shall not exceed 7.96 lbs/hr, based on a three (3)-hour average [401 KAR 59:010, Section 

3(2)]. 

Compliance Demonstration Method:

These units are assumed to be in compliance with particulate matter emission limits while 

burning only natural gas. 
Permit Number: S-05-104 R3 Page: 3 of 12 

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

c. The permittee shall not cause, suffer, allow or permit any continuous emission into the open 

air from either stack which is equal to or greater than twenty (20) percent opacity [401 KAR 

59:010, Section 3]. 

Compliance Demonstration Method:

See Section 4.e., Monitoring Requirements. 

d. Emission concentrations of hydrogen fluoride (HF) modeled beyond the property boundary 

shall not exceed the following averages more than once per year [401 KAR 53:010]: 

(1) Annual Arithmetic Mean: 400 ug/m3

(2) Maximum One-Month Average: 0.82 ug/m3

(3) Maximum One-Week Average: 1.64 ug/m3

(4) Maximum Twenty-Four-Hour Average: 2.86 ug/m3

(5) Maximum Twelve-Hour Average: 3.68 ug/m3

Compliance Demonstration Method:

Compliance with the HF emission limit was demonstrated by modeling results performed by the 

Division. This modeling was based on the emission concentrations of 2.11 x 10-6 lb/dscf for kiln 

#1 and 6.71 x 10-7 lb/dscf for kiln #2, obtained during stack testing on November 2 and 3, 2010. 

Pollutant 

Averaging 

Time 

Primary 

Standard 

(ug/m3) 

Secondary 

Standard (ug/m3) 

Max 

Concentration 

(ug/m3) 

Hydrogen 

Fluoride 

Annual- High 

First High 400 None 0.091

Hydrogen 

Fluoride 

Month- High 

Second High None 0.82 0.22

Hydrogen 

Fluoride 

24-hr- High 

Second High 800 2.68 1.74

Hydrogen 

Fluoride 

12-hr- High 

Second High None 3.68 3.35

e. See Section C.6.d., General Conditions. 

3. Testing Requirements:

None 

4. Monitoring Requirements:

a. The permittee shall monitor the bricks processed for each kiln, in tons, on an hourly basis 

[401 KAR 52:040, Section 10]. 

b. The permittee shall monitor the hours of operation for each kiln, on a monthly basis [401 

KAR 52:040, Section 10]. 
Permit Number: S-05-104 R3 Page: 4 of 12 

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

c. The permittee shall monitor source-wide natural gas consumption, in MMBtu, on a monthly 

basis [401 KAR 52:040, Section 10]. 

d. The permittee shall monitor the fan speeds for each unit on a weekly basis [401 KAR 

52:040, Section 10]. 

e. Compliance with the opacity standard shall be determined by the permittee performing a 

qualitative visual observation of the opacity of emissions at each stack no less than weekly, 

when operating, and maintaining a log of the observations. If visible emissions from the 

stack are seen (not including condensed water in the plume), then an inspection of control 

equipment shall be initiated and corrective action taken. 

 If visible emissions are present after the corrective action, the process shall be shut down and 

shall not operate again until repairs have been made that result in no visible emissions from 

the process during operation. In lieu of shutting the process down, the permittee may 

determine the opacity using U.S. EPA Reference Method 9. If the opacity limit is not 

exceeded, the process may continue to operate. 

5. Recordkeeping Requirements:

a. The permittee shall maintain records of the bricks processed for each kiln, in tons, on an 

hourly basis [401 KAR 52:040, Section 10]. 

b. The permittee shall maintain records of the hours of operation for each kiln, on a monthly 

basis [401 KAR 52:040, Section 10]. 

c. The permittee shall maintain records of source-wide natural gas consumption, in MMBtu, on 

a monthly basis [401 KAR 52:040, Section 10]. 

d. The permittee shall maintain records of the fan speeds for each unit on a weekly basis [401 

KAR 52:040, Section 10]. 

e. The permittee shall maintain records of qualitative visual observations of the stack, any 

necessary Method 9 readings, and any inspections or corrective action taken as a result of 

Method 9 readings [401 KAR 52:040, Section 10]. 

6. Reporting Requirements:

See Section C., General Conditions.
Permit Number: S-05-104 R3 Page: 5 of 12 

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

Emission Unit 02: Raw Material Handling 

Haul Road, Yard Area (Unpaved), and Load-outs 

Capacity: 35 ton/hr each of material passing 

Control: Wet Suppression 

Stockpile

Control: Torit Dust Collector, Enclosure 

Crushing Stones 

Primary, Secondary, and Tertiary Crushers 

Capacity: 35 ton/hr 

Control: Torit Dust Collector, Enclosure 

Four Screens 

Capacity: 35 ton/hr each 

Control: Torit Dust Collector, Enclosure 

Conveyors

Control: Torit Dust Collector, Enclosure 

Pug Mills 

Capacity: 35 ton/hr each 

Extruders 

Capacity: 35 ton/hr each 

Control: Torit Dust Collector, Enclosure 

APPLICABLE REGULATIONS: 

401 KAR 63:010, Fugitive Emissions 

1. Operating Limitations: 

None

2. Emission Limitations

a. The materials processed at each affected facility shall be controlled with wet suppression, 

enclosures, and/or dust collection equipment so as to comply with the requirements specified 

in 401 KAR 63:010, Section 3. 

b. The permittee shall not 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 [401 KAR 63:010, Section 3(1)]: 
Permit Number: S-05-104 R3 Page: 6 of 12 

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

i. Use, where possible, of water or chemicals for control of dust in the demolition of 

existing buildings or structures, construction operations, the grading of roads or the 

clearing of land; 

ii. Application and maintenance of asphalt, oil, water, or suitable chemicals on roads, 

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

iii. Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of 

dusty materials, or the use of water sprays or other measures to suppress the dust 

emissions during handling. Adequate containment methods shall be employed during 

sandblasting or other similar operations. 

iv. Covering, at all times when in motion, open bodied trucks transporting materials likely to 

become airborne; 

v. The maintenance of paved roadways in a clean condition; 

vi. 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. 

c. The permittee shall not cause or permit the discharge of visible fugitive dust emissions 

beyond the lot line of the property on which the emissions originate [401 KAR 63:010, 

Section 3(2)]. 

d. When dust, fumes, gases, mist, odorous matter, vapors, or any combination thereof escape 

from a building or equipment in such a manner and amount as to cause a nuisance or to 

violate any administrative regulation, the Secretary may order that the building or equipment 

in which processing, handling and storage are done be tightly closed and ventilated in such a 

way that all air and gases and air or air-borne material leaving the building or equipment are 

treated by removal or destruction of air contaminants before discharge to the open air [401 

KAR 63:010, Section 3(3)]. 

e. Open bodied trucks, operating outside company property, transporting materials likely to 

become airborne, shall be covered at all times when in motion [401 KAR 63:010, Section 4 

(1)]. 

f. The permittee shall not allow earth or other material being transported by truck or earth 

moving equipment to be deposited onto a paved street or roadway [401 KAR 63:010, Section 

4 (4)]. 

3. Testing Requirements:

None 
Permit Number: S-05-104 R3 Page: 7 of 12 

SECTION B - EMISSION POINTS, EMISSIONS UNITS, APPLICABLE 

REGULATIONS, AND OPERATING CONDITIONS (CONTINUED) 

4. Monitoring Requirements: 

See Section C., General Conditions. 

5. Recordkeeping Requirements: 

 See Section C., General Conditions. 

6. Reporting Requirements: 

 See Section C., General Conditions. 
Permit Number: S-05-104 R3 Page: 8 of 12 

SECTION C - GENERAL CONDITIONS

1. Administrative Requirements

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

violation of 401 KAR 52:040, Section 3(1)(b), and is grounds for enforcement action 

including but not limited to the termination, revocation and reissuance, or revision of this 

permit. 

b. This permit shall remain in effect for a fixed term of ten (10) years following the original 

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

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

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

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

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

denied by the Division [401 KAR 52:040, Section 15]. 

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

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

permit [Section 1a-11 of the Cabinet Provisions and Procedures for Issuing State-Origin 

Permits incorporated by reference in 401 KAR 52:040, Section 23]. 

d. Pursuant to materials incorporated by reference by 401 KAR 52:040, this permit may be 

revised, revoked, reopened, reissued, or terminated for cause. The filing of a request by the 

permittee for any permit revision, revocation, reissuance, or termination, or of a notification 

of a planned change or anticipated noncompliance shall not stay any permit condition 

[Section 1a-4, 5, of the Cabinet Provisions and Procedures for Issuing State-Origin Permits

incorporated by reference in 401 KAR 52:040, Section 23]. 

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

Cabinet Provisions and Procedures for Issuing State-Origin Permits incorporated by 

reference in 401 KAR 52:040, Section 23]. 

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

applicable requirements prior to or at the time of permit issuance [401 KAR 52:040, Section 

11(3)]. 

g. All previously issued permits to this source at this location are hereby null and void. 
Permit Number: S-05-104 R3 Page: 9 of 12 

SECTION C - GENERAL CONDITIONS (CONTINUED)

2. Recordkeeping Requirements

a. 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 at least five (5) 

years and shall be made available for inspection upon request by any duly authorized 

representative of the Division for Air Quality [401 KAR 52:040, Section 3(1)(f), and Section 

1b-IV-2 of the Cabinet Provisions and Procedures for Issuing State-Origin Permits

incorporated by reference in 401 KAR 52:040, Section 23]. 

b. The permittee shall perform compliance certification and recordkeeping sufficient to assure 

compliance with the terms and conditions of the permit. Documents, including reports, shall 

be certified by a responsible official pursuant to 401 KAR 52:040, Section 21.

3. Reporting Requirements

a. (1) In accordance with the provisions of 401 KAR 50:055, Section 1, the permittee shall 

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

shutdowns, or malfunctions as follows: 

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

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

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

due to events which could not have been foreseen three (3) days before the 

shutdown. 

ii. When emissions due to malfunctions, unplanned shutdowns and ensuing startups are 

or may be in excess of the standards, notification shall be made as promptly as 

possible by telephone (or other electronic media) and shall be submitted in writing 

upon request. 

(2) The permittee shall promptly report deviations from permit requirements including those 

attributed to upset conditions (other than emission exceedances covered by Reporting 

Requirement condition a.(1) above), the probable cause of the deviation, and corrective 

or preventive measures taken to the Regional Office listed on the front of this permit 

within thirty (30) days. Other deviations from permit requirements shall be included in 

the semiannual report [Section 1b-V-3 of the Cabinet Provisions and Procedures for 

Issuing State-Origin Permits incorporated by reference in 401 KAR 52:040, Section 23]. 

b. The permittee shall furnish information requested by the Cabinet to determine if cause exists 

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

with the permit [Section 1a-6 of the Cabinet Provisions and Procedures for Issuing StateOrigin Permits incorporated by reference in 401 KAR 52:040, Section 23]. 

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

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

permit. For emission units that were still under construction or which had not commenced 

operation at the end of the six (6)-month period covered by the report and are subject to 

monitoring requirements in this permit, the report shall indicate that no monitoring was 

performed during the previous six months because the emission unit was not in operation. The 
Permit Number: S-05-104 R3 Page: 10 of 12 

SECTION C - GENERAL CONDITIONS (CONTINUED) 

summary reports are due January 30th and July 30th of each year. All deviations from 

permit requirements shall be clearly identified in the reports. All reports shall be certified by 

a responsible official pursuant to 401 KAR 52:040, Section 21. 

4. Inspections

In accordance with the requirements of 401 KAR 52:040, Section 3(1)(f), the permittee shall 

allow authorized representatives of the Cabinet to perform the following during reasonable 

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

or during an emergency: 

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

equipment), practice, or operation. 

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

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and pollution 

control equipment), practices, or operations required by the permit. 

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

the permit or any applicable requirements. 

5. Emergencies/Enforcement Provisions

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

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

[Section 1a-3 of the Cabinet Provisions and Procedures for Issuing State-Origin Permits

incorporated by reference in 401 KAR 52:040, Section 23]. 

b. An emergency shall constitute an affirmative defense to an action brought for the 

noncompliance with the technology-based emission limitations if the permittee demonstrates 

through properly signed contemporaneous operating logs or relevant evidence that: 

(1) An emergency occurred and the permittee can identify the cause of the emergency; 

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

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

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

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

of the emergency to the Division within two working days after the time when emission 

limitations were exceeded due to the emergency and included a description of the 

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

c. Emergency provisions listed in General Condition 5.b are in addition to any emergency or 

upset provision contained in an applicable requirement [401 KAR 52:040, Section 22(1)]. 

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

emergency shall have the burden of proof [401 KAR 52:040, Section 22(2)]. 
Permit Number: S-05-104 R3 Page: 11 of 12 

SECTION C - GENERAL CONDITIONS (CONTINUED) 

6. Compliance

a. Periodic testing or instrumental or non-instrumental monitoring, which may consist of 

record keeping, shall be performed to the extent necessary to yield reliable data for purposes 

of demonstration of continuing compliance with the conditions of this permit. For the 

purpose of demonstration of continuing compliance, the following guidelines shall be 

followed: 

(1) Pursuant to 401 KAR 50:055, General compliance requirements, Section 2(5), all air 

pollution control equipment and all pollution control measures proposed by the 

application in response to which this permit is issued shall be in place, properly 

maintained, and in operation at any time an affected facility for which the equipment and 

measures are designed is operated, except as provided by 401 KAR 50:055, Section 1. 

(2) All the air pollution control systems shall be maintained regularly in accordance with 

good engineering practices and the recommendations of the respective manufacturers. A 

log shall be kept of all routine and non-routine maintenance performed on each control 

device. Daily observations are required during daylight hours of all operations, control 

equipment and any visible emissions to determine whether conditions appear to be either 

normal or abnormal. If the operations, controls and/or emissions appear to be abnormal, 

the permittee must then comply with the requirements of Section C – General 

Conditions, 3.a.(2), of this permit. 

(3) A log of the monthly raw material consumption and monthly production rates shall be 

kept available at the facility. Compliance with the emission limits may be demonstrated 

by computer program, spread sheets, calculations or performance tests as may be 

specified by the Division [401 KAR 50:055, Section 2]. 

b. Pursuant to 401 KAR 52:040, Section 19, the permittee shall certify compliance with the 

terms and conditions contained in this permit by January 30th of each year, by completing 

and returning a Compliance Certification Form (DEP 7007CC) (or an approved alternative) 

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

requirements: 

(1) Identification of the term or condition; 

(2) Compliance status of each term or condition of the permit; 

(3) Whether compliance was continuous or intermittent; 

(4) The method used for determining the compliance status for the source, currently and 

over the reporting period, and 

(5) For an emissions unit that was still under construction or which has not commenced 

operation at the end of the twelve (12)-month period covered by the annual compliance 

certification, the permittee shall indicate that the unit is under construction and that 

compliance with any applicable requirements will be demonstrated within the timeframes 

specified in the permit. 
Permit Number: S-05-104 R3 Page: 12 of 12 

SECTION C - GENERAL CONDITIONS (CONTINUED) 

 

(6) The certification shall be postmarked by January 30th of each year. Annual compliance 

certifications shall be mailed to the Division for Air Quality, Owensboro Regional 

Office, 3032 Alvey Park Drive West, Suite 700, Owensboro, KY 42303-2191. 

c. Permit Shield - A permit shield shall not protect the owner or operator from enforcement 

actions for violating an applicable requirement prior to or at the time of permit issuance. 

Compliance with the conditions of this permit shall be considered compliance with all: 

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

(2) Non-applicable requirements expressly identified in this permit [401 KAR 52:040, 

Section 11]. 

d. Persons responsible for a source from which hazardous matter or toxic substances may be 

emitted shall provide the utmost care and consideration, in the handling of these materials, to 

the potentially harmful effects of the emissions resulting from such activities. No owner or 

operator shall allow any affected facility to emit potentially hazardous matter or toxic 

substances in such quantities or duration as to be harmful to the health and welfare of 

humans, animals and plants. Evaluation of such facilities as to adequacy of controls and/or 

procedures and emission potential will be made on an individual basis by the Cabinet [401 

KAR 63:020].