## Part 70 Permit Number **47 -**  **065 -** **3070** This Permit Shall Remain in Full Force and Effect From May

15, 2004 Through May

14, 2009 Is sued to: 

### SIGN**AL MOUNTAIN CEMENT COMPANY 1201 SUCK CREEK ROAD**  **CHATTANOOGA, TENNESSEE 37405**

Designated Representative: Shan Rolin TELEPHONE: 886 - 0803 Responsible Official: (Agreed to By

)

___________________________________

George Garcia Vice - President of Manufacturing An Application For Renewal Must Be Submitted to the Director of the Chattanooga- Hami lton County Air Pollution Control Bureau No Later Than November 14, 2008 **CHATTANOOGA -**  **HAMILTON COUNTY AIR POLLUTION CONTROL BUREAU**  Development Resource Center 1250 Market Street, Suite 3020 Chattanooga, Tennessee 37402 - 2713

(423) 668 - 2567

_______________

____________________ Robert H. Colby Director Prepared by : Douglas L. ErwinSignal Mountain Cement Company, L .P Page 2 of 27

2004 Part 70 Permit **TABLE OF CONTENTS Subject**  **Page** Emission Unit Summary ................................ ................................ ................................ .................. 2 Conditions of General Applicability to All Part 70 Sources ................................ ................................ ................................ .......................... 3 Conditions Applicable to the Entire Facility ................................ ................................ .................. 14 Emission Unit Special Conditions ................................ ................................ ................................ . 1 8 Permit Shield ................................ ................................ ................................ ................................ .. 27 The emissions units regulated by this permit are the following: **Permit Emission Unit**  **Description** 10 Precalciner/Kiln 11 Raw Material Handling and Preparation 12 Clinker Handling and Storage 13 Fuel Handling and Storage 14 Product Finishing and Handling 15 Finish Materials Storage and HandlingSignal Mountain Cement Company, L .P Page 3 of 27

2004 Part 70 Permit **Conditions of General Applicability** This permittee, Signal Mountain Cement Company is subject to e ach of the conditions expressed below and is required to comply with them throughout the term of the permit, and by accepting this permit and operating under it Sign al Mountain Cement Company agrees to comply with all terms, provisions, limitations and requirements herein. ALL SECTIONS OF THE CHATTANOOGA AIR POLLUTION CONTROL ORDINANCE CITED I N THI S PERMIT ARE I

NCORPORATED HEREI N BY REFERENCE. Section numbers referred to in this permit which are not otherwise identified refer to sections in the Chattano oga Air Pollution Control Ordinance. 1.0. Definitions . Unless specifically defined within an air pollution control ordinance provision referenced elsewhere in this permit, the definitions in §4 - 2 and §4 - 53 shall apply . §4 - 2; §4 - 53 2.0. Severability . I f any provision, part of a provision, sentence, clause or phrase in this permit is for any

reason declared to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of any other portion of this permit, and only

such invalid portion shall be elided. §4 - 57(a)(5) 3.0. Compliance . 3.1. The permittee must comply with all conditions of the Part 70 permit. Noncompliance with any permit provision constitutes a violation of either the Chattanooga City

Code, Part II, Chapter 4, known as "The Chattanooga Air Pollution Control Ordinance"; the Tennessee Air Quality Act, T.C.A. 68 - 201 - 101 et. seq.; and/or the federal Clean Air Act, as amended, Title 42 United States Code §7401 et. seq. and is grounds for joint and several enforcement action; for permit termination, revocation or modification; or for denial of a permit renewal application. Enforcement by the Board or Bureau Director shall be conducted in accordance with the provisions of §4 - 4, §4 - 7, §4 - 14, §4 - 15, §4 - 1 7, §4 - 18, §4 - 20, §4 - 61, §4 - 62, §4 - 63, §4 - 64, and §4 - 65, as appropriate to the circumstances. §4 - 57(a)(6)(I) 3.2. Itshall not be a defense for a permittee in an enforcement action that it would have been necessary

to halt or reduce the permitted activity in o rder to maintain compliance with the conditions of this permit. §4 - 57(a)(6)(ii) 3.3. This permit may

be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reis suance, or termination; or the filing of a notification of planned changes or anticipated noncompliance does not stay any condition in this permit. §4 - 57(a)(6)(iii) 3.4 Annual compliance certifications shall be submitted on or before April 30 of each ye ar throughout the term of this permit. Separate compliance certifications shall be submitted to:Signal Mountain Cement Company, L .P Page 4 of 27

2004 Part 70 Permit Chattanooga- Hamilton County Air Pollution Control Bureau Development Resource Center 1250 Market Street, Suite 3020 Chattanooga, TN 37402 - 4443 and to: U.S. EPA Region 4 Air Enforcement Section Sam Nunn Atlanta Federal Center 61 Forsy th Street SW Atlanta, GA 30303 - 8960 Each such compliance certification shall include the following information (provided that the identification of applicab le information may cross - reference the permit or previous reports as applicable): 3.4.1 Identification of each term or condition of the permit that is the basis of the certification; 3.4.2 Compliance status; 3.4.3 Whether compliance was continuous or intermittent; 3.4.4 The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with §4 - 57(a)(3); 3.4.5 Where any

specific test method requires quality assurance audit samples and the audit result does not validate the source's sample within the specified parameters, the source must retest the stack test until such time as the audit result does validate the sample within the specified parameters; except that the Bureau Director may waive retesting if the source's stack test sample is in compliance with this permit even if not validated within the specified quality assurance parameters. §4 - 3(d) 3.4.6 Such other facts as the Board or Bureau Director may require to determine the complianc e status of the Part 70 source; and §4 - 57(c)(5)(iii)(E) 3.4.7 Such additional requirements as may be required for enhanced monitoring compliance certification under Title 42 U.S.C. § 7414(a)(3) and §7661c(b) of the Clean Air Act. §4 - 57(c)(5); §4- 3(d) 3.5 The methods set forth in §4 - 3 shall be applicable for determining compliance with all terms, provisions, limitations and requirements contained in this permit, except where otherwise specifically provided in this permit. 4.0. Property

Rights . This permit does not convey any property rights of any

sort or any exclusive privilege. This permit is not assignable except as provided in §4 - 58 (d)(l)(iv). §4- 57(a)(6)(iv)Signal Mountain Cement Company, L .P Page 5 of 27

2004 Part 70 Permit 5.0. In formation to be Furnished . The permittee shall furnish to the Bureau Director, within a reasonable period of time, any information that the Board or the Bureau Director may request in writing to determine whether cause exists for modify ing, revoking, or terminating the permit or to determine compliance with the permit. Upon request, the p ermittee shall also furnish to the Board or the Bureau Director copies of records required to be kept by

the permit. For information claimed to be confidential, the permittee may furnish such records directly to the Administrator of the U. S. Environmental Protection Agency along with a claim of confidentiality . Eligibility for confidential treatment shall be determined by

the Board pursuant to the provisions of §4 - 19 of the Chattanooga Air Pollution Control Ordinance for information submitted directly to the Bureau Director. An independent determination regarding confidentiality would be made by

the Administrator of the U.S. Environmental Protection Agency for information submitted directly to the Administrator. §4 - 57(a)(6)(v) 6.0. Fees . The permittee shall pay fees to the Bureau Director consistent with the fee provisions set forth in §4 - 60 of the Chattanooga Air Pollution Control Ordinance . §4- 57(a)(7) 7.0. Changes Provided for by Permit . No permit revision shall be required under any economic incentive s, marketable permits, emissions trading or similar program or process which is included in the Chattanooga City Code, Part II, Chapter 4, Article III for changes that are provided for in this permit pursuant to such program or process. §4 - 57(a)(8) 8.0. Reas onably

Anticipated Operating Scenarios . Contemporaneously with making a change from one operating scenario to another, the permittee must record in a log at the Part 70 source premises a record of the scenarios under which it is operating. §4 - 57(a)(9) 9.0. Ac id Precipitation Requirements . Where an applicable requirement of the Clean Air Act is more stringent than an applicable requirement of regulations promulgated under Title IVof the Clean Air Act and incorporated by reference at §4 - 52(d), both provisions are herein incorporated into this permit by reference and shall be legally enforceable. This source does not lawfully

hold any allowance under Title IV of the Clean Air Act. §4 - 57(a)(1)(ii) 10.0. Federal Enforceability . All terms and conditions in this Part 70 permit, including any provisions designed to limit the potential to emit of this Part 70 source, are enforceable by the Administrator of the U.S. EPA and by citizens under the Clean Air Act except as noted in this Item 10: 10.1. Rule 12 Odors (Local Only ) 10.2. Rule 14 Nuisances (Local Only ) Any terms and conditions included in the permit that are not required under the Clean Air Act or under any

of its applicable requirements are specifically designated in this permit as not being federally

enforceable under the Clean Air Act. §4 - 57(b)(1) and (2) 11.0. In spection of Permitted Source(s) . Upon presentation of identification and in the performance of their duties, the permittee shall allow the Bureau Director and other employees of the Chattanooga- Hamilton County Air Pollution Control Bureau to perform the following:Signal Mountain Cement Company, L .P Page 6 of 27

2004 Part 70 Permit 11.1. Enter upon the permittee's premises or buildings where a Part 70 source is located or emissions - related activity is conducted, or where records must be kept under the conditions of the permit; 11.2. Hav e access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; 11.3. In spect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and 11.4. Sample or monitor substances or parameters, and collect and preserve evidence for the purpose of assuring compliance with the permit or applicable requirements thereunder at reasonable times and for taking such other actions as are appropriate under the law in accordance with Item 3.1 of Conditions of General Applicability of this permit. 11.5. For the purposes of Items 11.2, 11.3, and 11.4 of these Conditions of General Applicability, "reasonable times" shall be considered to be customary business hours, unless reasonable cause exists to suspect noncompliance with the Chattanooga Air Pollution Control Ordinance or any "applicable requirement," as defined in §4 - 53, or with any permit issued thereunder, and the Bureau Director specifically

authorizes a designee to inspect a facility at any other time. 11.6. Inthe alternative, the Bureau Director, other employees of the ChattanoogaHamilton County

Air Pollution Control Bureau, or any other law enforcement officer may

obtain a search warrant to obtain, collect and preserve evidence. §4 - 16; §4- 57(c)(2) 12.0. Record Retention Requirements . 12.1. All required monitoring data and related support information shall be retained by the permittee for five (5) years after the date of the monitoring sample, measurement, report or application. Support information includes all calibration and maintenance records, all original strip - chart recordings for continuous monitoring instrumentation, copies of all reports, and logs required by the permit. § 4 - 57(a) (3)(ii)(B) 12.2. Reporting of Deviations . The permittee shall promptly report all emissions limitations exceedances and all other deviations from permit requirements (including those attributable to malfunctions), the probable cause of such exceedances or devi ations, and any corrective actions or preventive measures taken. "Promptly

report" shall mean an initial telephone report to the Bureau Director within twenty- four (24) hours after the onset of the exceedance or other deviation, followed up by a written report submitted to the Bureau Director within seven (7) days after the onset of the exceedance or other deviation. Any excess emissions or other deviation that creates an imminent hazard requiring immediate action to protect health or safety must be reported by

telephone immediately

to the Bureau Director, to the appropriate local emergency response agency, to theSignal Mountain Cement Company, L .P Page 7 of 27

2004 Part 70 Permit appropriate national response agency, and to the Tennessee Emergency

Management Agency . § 4 - 12 and § 4 - 57(a)(3)(iii)(B) 13.0. Emergency

Provision . 13.1. Definition . An emergency is any situation arising from sudden and reasonably unforeseeable events beyond the control of the permittee, including acts of God, which situation requires immediate corrective action to restore normal operation, and that caus es the permittee to exceed a technology-based 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. §4 - 57(g) 13.2. An emergency

constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of Item 13 of these Conditions of General Applicability are met, unless an ambient air violation occurs as a result of the emergency . The affirmative defense of emergency

shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence which establishes that: 13.2.1. An emergency

occurred and that the permittee can identify the cause(s) of the emergency ; and 13.2.2. The permitted facility was at the time being properly operated; and 13.2.3. 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 13.2.4. The permittee submitted telephone notice of the emergency to the Bureau Director within one (1) working day of the tim e when emission limitations were exceeded due to the emergency, and the permittee submitted a follow up written report to the Bureau within seven (7) days after the onset of the exceedance. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. §4 - 57(g) 13.3. Inany

enforcement proceeding, the permittee seeking to establish the occurrence of an emergency

has the burden of proof. § 4 - 12 ; 4 - 57(g) 13.4. The permittee must employ all reasonable me asures to keep emissions to a minimum during start -ups, shutdowns, operation, and emergencies. These measures may

include installation and use of alternate control systems, changes in operating methods or procedures, cessation of operation until the proce ss equipment or air pollution control equipment is repaired, maintaining sufficient spare parts, use of overtime labor, use of outside consultants and contractors, and other appropriate means. Exceedances of limitations on emissions that are caused by poo r maintenance, careless operation, or any other preventable upset conditionSignal Mountain Cement Company, L .P Page 8 of 27

2004 Part 70 Permit or preventable equipment breakdown shall not be considered emergencies, and

shall be considered in violation of the emission standard exceeded. §4 - 12 13.5. A log of any

operation or failure to operate, start -up, or shutdown resulting in air pollutant emissions in excess of any applicable requirement must be kept at the Part 70 source. This log must record at least the following: 13.5.1. Stack, air pollution control equipment, or emission point involved; 13.5.2. Time excess emissions, start -up, or shutdown began or when excess emissions were first discovered by the source; 13.5.3. Ty pe of exceedance qualifying as a malfunction, or reason for shutdown; 13.5.4. Time start -up or shutdown was complete or time the air p ollutant source returned to normal operation after an emissions exceedance; 13.5.5. Documentation that the source was or was not, at the time of the onset of the exceedance, being properly operated; 13.5.6. Documentation of any preventative maintenance of the air pollution control equipment or process equipment or processes that had been completed prior to the emissions exceedance, start -up, or shutdown; 13.5.7. The steps taken by the source during the period of the emissions exceedance, start -up, or shutdown to minimize levels of emissions that exceeded the applicable requirements; and 13.5.8. The magnitude and identity of the excess emissions, expressed in pounds per hour and the units of the applicable emission limitation, and the operating data and calculations used in determining the magnitude of the excess emissions. §4 - 12 13.6. The information required by Items 13.5.1 and 13.5.2 of these Conditions of General Applicability

must be entered into the log by the end of the shift during which the exceedance or other deviation began. All required information shall be entered in the log no later than 24 hours after the exceedance or other deviation has ceased or has been corrected. Any later discovered corrections may be added in the log as footnotes with the reason given for the change. There shall be no erasures, obliterations, modifications, or revisions of the log entry except by

single line - through and identification of corrections. § 4 - 12 13.7. If the Bureau Director or the Administrator of the Chattanooga- Hamilton County Health Department finds that a condition of air pollution exists or is likely to exist, and that it creates any emergency

requiring immediate action to protect human health or safety, the mayor with the concurrence of the Bureau Director or the Administrator of the Chattanooga - Hamilton County Health Department shall order persons causing or contributing to the air pollution to reduce or discontinue immediately

the emission of air pollutants. Upon issuance of any such order, the Bureau Director shall fix a place and time, not later than twenty- four (24) hoursSignal Mountain Cement Company, L .P Page 9 of 27

2004 Part 70 Permit thereafter, for a hearing to be held before the Board. Not more than twenty- four

(24) hours after commencement of such hearing, and without adjournment thereafter, the Board shall affirm, modify, or recommend to the m ayor that the order be affirmed, modified or set aside. §4 - 20 14.0. Certification . Any application form, report, or compliance certification submitted pursuant to this permit shall contain a certification, as defined in §4 - 53, by a responsible official, as defined in §4 - 53, of truth, accuracy, and completeness. Any certification required by

this permit shall state that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and compl ete. § 4 - 56(d) 15.0. Modifications . 15.1. Administrative amendments to this permit shall be requested and may be granted in accordance with §4 - 58(d), and only for the reasons set forth therein. The permittee is required to submit an application for an administrativ e amendment within sixty

(60) days after a change of the name of the permittee is registered with the Tennessee Secretary of State. 15.2. Minor permit modifications to this permit shall be requested and may be granted in accordance with §4 - 58(e)(1) and (2). 15.3. Significant permit modifications to this permit shall be requested and may be granted in accordance with §4 - 58(e)(3). 15.4. Operational flexibility allows changes within this permitted source without requiring a permit revision, if the changes are not modific ations under Title I of the Clean Air Act and the changes do not exceed the emissions allowable under this permit (whether expressed herein as a rate of emissions or in terms of total emissions), provided that: 15.4.1. The permittee provides the U.S. Environmental Protection Agency and the Bureau Director with written notification at least 7 days in advance of the proposed changes; and 15.4.2. For each such change, said written notification shall include a brief description of the change within the permitted source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. The permit shield described in §4 - 57(f) shall not apply to any change made pursuant to operational flexibility . §4 - 58(i) 15.5. In stallation permit application and issuance requirements in §4 - 8(a) of the Chattanooga Air Pollution Control Ordinance will apply to this permittee and emissions units located at this Part 70 source if modifications to or new constructi on of a Part 70 source are subject to the following: 15.5.1. § 4 - 41, Rule 18 (PSD);Signal Mountain Cement Company, L .P Page 10 of 27

2004 Part 70 Permit 15.5.2. § 4 - 41, Rule 25.3 (VOC rule for new or modified sources);

15.5.3. § 4 - 41, Rule 23 (Reasonable and proper controls for process gaseous emissions); 15.5.4. Any

standard or other requirement pursuant to regulations promulgated under Title 42 U.S.C. §7411 in Title 40 Code of Federal Regulations Part 60; or 15.5.5. Case -by- case determinations made pursuant to Title 42 U.S.C. §7412(g) and (j) as set forth at §4 - 53 "Applicable requirement" (4); or 15.5.6. Case -by- c ase determinations made pursuant to 4 - 41, Rule 27 (Particulate Matter Controls for New Sources and New Modifications after August 29, 1995). § 4 - 50 16.0. Off

- Permit Changes . 16.1. An off

-permit change is one that: 16.1.1. Isnot addressed or prohibited by the permit; 16.1.2. Isnot a modification under Title I of the Clean Air Act; 16.1.3. Isnot subject to any requirements under Title IV of the Clean Air Act; 16.1.4. Meets all applicable requirements, as described in this permit; and 16.1.5. Does not violate, or cause or contribute to a violation of, any existing permit term or condition. 16.2. A contemporaneous notification shall be submitted to the Bureau Director and to the U.S. Environmental Protection Agency except for changes that qualify as insignificant under Sections 4 - 56(c)(11) and (c)(12). 16.3. The permittee shall keep a record describing off -permit changes made at the Part 70 source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting fro m those off -permit changes. 16.4. The permit shield described in §4 - 57(f) of the Chattanooga Air Pollution Control Ordinance shall not apply to any change made pursuant to off -permit changes. §4 - 58(j) 17.0. Permit Reopening . This permit shall be reopened and revised under any of the following circumstances, as set forth in §4 - 58(f)(1). 17.1. Additional applicable requirements become applicable by amendment of the Chattanooga Air Pollution Control Ordinance to this source and the remainingSignal Mountain Cement Company, L .P Page 11 of 27

2004 Part 70 Permit permit term is 3 or more years. Such reopening shall be completed not later than

18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire. 17.2. Additional re quirements (including excess emissions requirements) become applicable to an affected source as defined in §4 - 53. Upon approval by the Administrator and amendment of the local air pollution control ordinance, excess emissions offset plans shall be incorpo rated into the permit. 17.3. The Board or Bureau Director or the Administrator determines that this permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. 17.4. The Board or Bureau Director or the Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements. Proceedings to reopen and issue a revised permit shall follow the same procedures as apply to initial permit issuance, described in §4 - 58, and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable, but only

after notice of such intent is provided to this permittee by the Bureau Director at least 30 days in advance of the date that permit is to be reopened. A shorter time period may

be provided in the case of an emergency . §4 - 58(f). This permittee is also subject to reopening for cause by EPA, as described in §4 - 58( g). §4- 58(g). 18.0. Rules Applicable to All Permittee Activities . The following conditions apply to all activities of this permittee, including insignificant activities: 18.1. Nitrogen Oxides . The permittee shall comply with §4 - 41, Rules 2.4, 2.5 and 2.7, regarding emissions of nitrogen oxides. 18.2. Visible Emissions . The permittee shall comply with §4 - 41, Rule 3, limiting the opacity of visible emissions to twenty (20) percent for an aggregate of five (5) minutes in any

one - hour period or twenty (20) minutes in any twenty- four hour period. The permittee shall also comply with §4 - 41, Rule 9, regarding visible emissions from internal combustion engines. In addition, the permittee shall comply with §4 - 41, Rule 11 limiting opacity from transport and material handling in open air to twenty- (20) percent opacity for three (3) minutes in any consecutive sixty- minute period or twenty (20) minutes in a twenty- four hour period. §4 - 41, Rule 3, Rule 9 and Rule 11. §4- 3(c)(9). 18.3. Certain Fuels . The permittee shall comply with § 4 - 41, Rule 4, regarding importation, sale, transportation, use or consumption of fuels and sulfur content. 18.4. Prohibition of Hand - Fired Fuel - Burning Equipment . The permittee shall comply with §4 - 41, Rule 5, regarding hand- fired fuel -burning equipment.Signal Mountain Cement Company, L .P Page 12 of 27

2004 Part 70 Permit 18.5. Open Burning . The permittee is prohibited from conducting open burning except in accordance with §4 - 41, Rule 6. 18.6. Other Fuel - Burning Equipment . The permittee shall comply with §4 - 41, Rule 8, regarding other fuel -burning equipment. 18.7. Process Emissions . The permittee shall comply with §4 - 41, Rule 10, regarding process emissions. 18.8. Odors in Ambient Air . The permittee shall comply with §4 - 41, Rule 12, regarding emission of objectionable odors. (Local Rule). 18.9. Sulfur Oxides . The permittee shall comply with §4 - 41, Rule 13, regarding emissions of sulfur oxides. 18.10. Nuisance . The permittee shall comply with §4 - 41, Rule 14, concerning discharges from any

source of air contaminants or other material which shall cause a nuisance. (Local Rule) 18.11. Hazardous Air Pollutants . The permittee shall comply with §4 - 41, Rule 16.1 through 16.4 regarding emission standards for hazardous air pollutants other than asbestos. 18.12. Asbestos Demolition or Renovation . The permittee shall comply with §4 - 41, Rule 17, when conducting any demolitio n or renovation activities at the permitted source. 18.13. Stack Heights . The permittee shall comply with §4 - 41, Rule 22, regarding good engineering practices for stack heights. 18.14. Particulate Matter Controls for New Sources and New Modifications After August 30, 1995 . The permittee shall comply with §4 - 41, Rule 27 regarding particulate matter controls for any new source or modification for which installation commences after August 30, 1995. 19.0. Stratospheric Ozone and Climate Protection . The permittee is subject to the standards for recycling and emissions reduction promulgated at Title 40 Code ofFederal Regulations Part 82, Subpart F, including the use of certified technicians only . 20.0. Dismantled Equipment . The permittee shall report to the Bureau Director within thirty (30) days after the permanent discontinuance or dismantlement of any equipment or activity covered by

this permit. §4- 11(a) 21.0. Monitoring . All monitoring and related reporting shall be conducted in compliance with §4 - 57(a)(3)(ii)(A) and (B).Signal Mountain Cement Company, L .P Page 13 of 27

2004 Part 70 Permit 22.0. Appli cable Requirements . In addition to the Conditions of General Applicability, Conditions Applicable to the Entire Facility, and Emission Unit Special Conditions in this permit, "applicable requirements" as defined in §4 - 53 shall apply . 23.0. Basis of Permit . This permit is being issued based on the statements made and the information provided in the Part 70 permit application submitted under oath by this source.Signal Mountain Cement Company, L .P Page 14 of 27

2004 Part 70 Permit **CONDITIONS APPLICABLE TO THE ENTIRE FACILITY** 1.0 Federal Standards Permittee is subject to S ection 4 - 41, Rule 15.1 (Title 40 CFR Part 60 Subparts F and Y, beginning at §60.60 and §60.250 respectively ) of the Chattanooga Air Pollution Control Ordinance . Permittee is subject to Title 40 CFR Part 63 Subpart LLL

– National Emission Standards for H azardous Air Pollutants From the Portland Cement Manufacturing Industry, 64 FR 31925 - 31960 (June 14, 1999). (The permittee has demonstrated by s tack sampling their status as an area source under this rule and is therefore excluded from select parts of the rule as listed in Table 1 of §63.1342. ) This standard includes, but is not limited to, the following requirements: 1.1 Applicable emission and operating limits as cited in §63.1342 through §63.1344 and summarized in Table 1 of the rule, including: 1. 1 . 1 8.7x10 - 11 grains TEQ (see §63.1341 Definitions) per dscf corrected to seven percent oxygen; or 1.7x10 - 10 grains TEQ per dscf corrected to seven percent oxygen, when the average of the performance test run average temperatures at the inlet to the PM control device is 204  C (400  F) or less, in accordance with §63.1343(b)(3); 1 . 1.2 Process gas temperature limits for kilns and in - line kiln/raw mills shall be followed in accordance with §63.1344 and shall be established by recording these parameters during p eriodic testing (baghouse #5 inlet temperature with and without the raw mill operating as recorded during the most recent stack test that demonstrated compliance with the above standards) ; 1 .2 Periodic testing for dioxins and furans (D/F; see §63.1341 Definitions ) pursuant to §63.1349( d) . 1 .3 Monitoring requirements as specified in §63.1350, which include the following: 1 . 3 .1 Maintenance of an operations and maintenance plan conforming with §63.1350(a). 1 .3.2 Gas temperature as a D/F emissions surrogate in accordance with §63.1350(f), which describes installation, calibration, maintenance, and operating requirements for monitoring the temperature of various gas streams in kilns and in - line kiln/raw mills. The time interval for verifying calibration of thermocouples and other temperature sensors is no less frequently

than once every

three months in accordance with §63.1350(f)(6) 1 .3.3 In spection of the components of the combustion system of in - line kiln/raw mill system at least once per year in accordance with §63.1350(i). 1 .4 Reporting and record- keeping requirements in addition to those cited in conditionSignal Mountain Cement Company, L .P Page 15 of 27

2004 Part 70 Permit 12.2 of the Conditions of General Applicability (reporting of deviations including malfunctions) shall be met in accordance with §63.1 354 and §63.1355, respectively . §4- 3, §4 - 41, Rules 15 (Title 40 CFR Part 60 Subparts F and Y) and 16 ( Title 40 CFR Part 63 Subpart LLL

) Permittee is subject to Title 40 CFR Part 64 Compliance Assurance Monitoring (CAM) for select pollutant specific emissio n units (PSEU) pursuant to the rule requirements and as listed in the source's CAM plan. The compliance requirements under conditions 1.5, 1.6 and 2.0 provide the mo nitoring parameters and ranges representing compliance for those PSEU's subject to CAM. 1 . 5 Baghouse Monitoring ( CAM ): Permittee shall operate each CAM PSEU baghouse within its specified differential pressure (dP ) range except during start -up following bag change - out when bag fabric is not l oaded and therefore indicating low dP. The following Table I lists the specified baghouse dP, which are from manufacturer's recommendations and/or performance history .

**Table I Baghouse dP** Baghouse # Range (inches of water) 2 2 - 6 3 2 - 6 5 * 6 2 - 6 13 2 - 6 14 2 - 6 15 2 - 6 16 1 - 7 29 2 - 6 30 2 - 6 * Baghouse 5 is not subject to a dP requirement due to the COM requirement under §60.63(b) of Subpart F and the recognition of this feature at § 64.3(d) of the CAM rule. 1.6 Permittee shall measure and record the operating dP of each baghouse at least once per month . I f the baghouse is operating outside the specified range, corrective action shall be taken to bring the dP within range as soon as possible and the occurrence shall be reported as a deviation. If the baghouse is believed to be operating effectively, but outside the specified dP range (for example at startup following bag change - out or where the baghouse emissions influent is extremely low) a written note shall be logged explaining why and the occurrence shall be reported a s a deviation. Baghouse maintenance records shall include date, personnel initials, and corrective action taken, when applicable. §4- 41, Rule 16.5(c) and Rule 16.6 (40 CFR §64.3(b)(4)(iii)), §4 - 57 2 .0 Qualitative Visible Emissions The following requirement applies to all emissions units, excep t those covered by a continuous opacity monitor.Signal Mountain Cement Company, L .P Page 16 of 27

2004 Part 70 Permit Daily qualitative visible emissions (VE) observations shall b e conducted and documented. If emissions exceeding 10% opacity are observed, the source shall perform a certified visible opacity reading using EPA Reference Method 9, Title 40 CFR Part 60, Appendix A (July

1, 1996) and in accordance with Section 4 - 3 of the Chattanooga Air Pollution Control Ordinance (the Ordinance) at the emission point(s) in question. If the applicable opacity limitation has been exceeded, then certified readings shall be conducted and documented on a daily basis until corrective action has eliminated the excess visible emissions. This information shall be recorded daily in a log. Logging shall include, at a minimum, the date and result of the observation, action(s) taken, if any, including results of visible emissions readings as well as corrective action, and the initials of the observer. §4- 41, Rule 16.5(c) and Rule 16.6 (40 CFR § 64.3(a)(1), §4 - 57 3.0 Semiannual Compliance Monitoring Reports In addition to the conditions of general applicability and any other requirements cited in this permit, semiannual compliance monitoring reports are required. The initial report is due no l ater than 30 days after the end of the 6 -month period following original permit issuance. Subsequent reports are due no later than 30 days after each subsequent six -month period. The following shall be included in the compliance report: 3.1 A written summary o f operating upsets in the most recent 6 -month period including malfunctions and exceedances to any emissions or opacity

standard in this permit. This summary

shall include the time and duration of each such incident (excluding start-ups and shutdowns), the reason(s), and corrective action taken; 3.2 A written summary o f periodic maintenance to equipment and/or instrumentation that demonstrates compliance with any requirement of this permit including, but not limited to, those actions ensuring the reliability o f the back- end kiln oxygen monitoring instrumentation. §4- 57(a)(3)(ii) 4.0 Visible Emissions (haul roads) Haul road traffic that results in visible emissions is subject to the visible emission limits listed in Condition 18 of the Conditi ons of General Applicability o f this permit (20% opacity ). V isible opacity

f rom haul roads shall be determined by T ennessee Visible Emission Evaluation (TVEE) Method 1, Visible Emissions Evaluation Instruction Manual, August 1988, as amended in 1995, issued by the Tennessee Department of Health and Environment Division of Air Pollution Control. Compliance with this limit shall be achieved by, but not limited to, wet suppression, operational changes/limitations, and/or those techniques listed in the Fugitive Dust Plan . §4 - 41, Rule 11.2 5.0 Replacement of Equipment The addition of air pollution control equipment to achieve additional emissions reductions and/or the replacement of air pollution control equipment with air pollution control equipment of equal or greater control efficiency f or each pollutant controlled by the original equipment are changes that qualify a s operational flexibility with theSignal Mountain Cement Company, L .P Page 17 of 27

2004 Part 70 Permit following exception: Air pollution control technology required by

any regulation promulgated pursuant to Sec tion 112 of the Clean Air Act codified at Title 40 CFR Part 63, including control measures employed to demonstrate early reductions of hazardous air pollutants, is not eligible for replacement under operational flexibility . Operational flexibility changes are subject to the notification requirements of Paragraph 15.4. in the conditions of General Applicability . 6.0 In significant Activities The following insignificant activities were certified in the permittee’s Part 70 application to be in compliance with §4 - 56(c)(12): 6.1 Emergency

Generator 6.2 Storage Drums 6.3 Gasoline Welders §4- 57(c)(12)Signal Mountain Cement Company, L .P Page 18 of 27

2004 Part 70 Permit **EMISSIONS UNIT SPECIAL CONDITIONS Emission Unit 10 Precalciner/Kiln**  1.0 Emissions of CO from the precalciner/kiln (EP2000) shall not exceed 2.77 pounds per ton of clinker or 248 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs), not to exceed 1,085 tons/y r. This limitation is Best Available Control Technology (BACT) based on the emissions determinations and t he BACT analysis submitted by t he source in accordance with Section 4 - 41, Rule 18 (Prevention of Significant Air Quality Deterioration, or PSD) of the Ordinance and in accordance with the PSD Final Determination. C ompliance with this limitation shall be accomplished by adherence to kiln and precalciner oxy

gen level requirements. §4- 41, Rule 18 (PSD) 2.0 Emissions of NO x from the precalciner/kiln (EU3030 and EP2000) shall not exceed 1500 ppm and based on the Director’s Final Determination under the PSD Rule, 1,763 tons/y r (for test sampling purposes, 403 lb/hr when averaged over any t hree consecutive 1 -hour periods). These limits shall be met by adherence with the following: 2.1 Backend kiln oxy

gen (O 2 ) shall be measured and recorded at 1 -minute intervals as a predictive indicator of NO x emissions , ex cept during periods of maintenance and calibration which are required to sustain the integrity o f the O 2 instrumentation and are part of the source’s Inspection and Calibration Procedures ; 2.2 Backend kiln O 2 shall not exceed 4.5% (dry volume basis) when averaged over any three consecutive 1 -hour periods; 2.3 The kiln exit oxygen analy zer shall be maintained in accordance with the source’s Inspection and Calibration Procedures , which shall, at a minimum, c ontain those items included in the procedure submitted to the Chattanooga- Hamilton County Air Pollution Control Bureau (Bureau) on 22 March 2002. Revisions to their procedures will be submitted to the Bureau Director within 14 days of adoption. §4- 41, Ru le 18 (PSD) 3.0 Emissions of PM from the precalciner/kiln (EP2000) shall not exceed 1 3 . 8 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs). Compliance with this limitation shall be achieved by v enting the exhaust through baghous e 5; by operating this baghouse at all times that material is being processed; and by m aintenance of the baghouse in accordance with the source’s Baghouse Operating and Maintenance Plan. This limitation and these requirements are BACT as determined by t he Director, the Chattanooga- Hamilton County Air Pollution Control Bureau (the Bureau) in accordance with Section 4 - 41, Rule 27 of the Ordinance. Source Request consistent with §4 - 41, Rule 15 (Title 40 CFR Part 60 Subpart F) , Rule 18, Rule 27 4.0 Visibl e emissions shall not exceed 20% opacity a s determined by a continuous opacity monitoring system (COMS) operated and maintained in accordance with Title 40 CFR §60.63(b) . §4 - 41, Rule 15 ( Title 40 CFR Part 60 Subpart F )Signal Mountain Cement Company, L .P Page 19 of 27

2004 Part 70 Permit 5 .0 Emissions of SO 2 from the precalciner/kiln (EP2000) shall not exceed 500 ppm and, based on the Bureau Director’s Final Determination under PSD Rule 18, 89.5 lb/hr. §4- 41, Rule 13.1, Rule 18 6 .0 The permittee shall be required to obtain written approval from the Bureau Director pri or to changing the ty

pe of raw materials and/or fuels to be used in the cement kiln or precalciner, other than those which are considered to be traditional materials and fuels in the manufacture of cement clinker. Traditional raw materials mean calcium carbonate, aluminum, silica, iron, and water; and fuels consisting of petroleum coke, coal, tires, and #2 fuel oil. §4- 41, Rule 13.1, Rule 18 7 .0 Emissions of VOCs from the precalciner/kiln (EP2000) shall not exceed 10.7 lb/hr. Compliance with this limitation shall be accomplished by adherence to kiln and precalciner oxy gen level requirements. §4- 41, Rule 18, Rule 25.3Signal Mountain Cement Company, L .P Page 20 of 27

2004 Part 70 Permit **Emission Unit 11 Raw Material Handling and Preparation** 1.0 Emissions of PM from exhaust point EP1000 (Baghouse 1) shall not exceed 0.5 4 3 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . C ompliance with these limitations shall be achieved b y operating the baghouse at all times that material is being processed and by

m aintenance of the baghouse in accordance with the source’s operations and maintenance plan. 2.0 Emissions of PM from exhaust point EP1010 (Baghouse 2) shall not exceed 0.63 4 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with these limitations shall b e achieved by operating the baghouse at all times that material is being processed and by

m aintenance of the baghouse in accordance with the source’s operations and maintenance plan. 3.0 Emiss ions of PM from exhaust point EP1020 (Baghouse 3) shall not exc eed 0.94 3 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . C ompliance with these limitations shall be achieved by operating the baghouse at all times that material is being processed and by

m aintenance of the baghouse in accordance with the source’s operations and maintenance plan. 4 .0 Emissions of PM from exhaust po int EP300 0 (B aghouse 6) shall not exceed 0.509 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan. 5.0 Emissions of PM from exhaust po int EP301 0 (B aghouse 7) shall not exceed 0.136 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan. 6.0 Emissions of PM from exhaust po int s EP302 0 and EP7160 combined (Baghouse s 8 and 48 ) shall not exceed 0.20 3 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs) . Compli ance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan. 7 .0 Raw material handling and prepara tion emission points are subject to Title 40 CFR Part 60 Subpart F, which includes the following: 7 .1 Visible emissions shall not exhibit 10% opacity or greater , averaged over any 6 - minute period in accordance with § 60.62(c); 7 .2 Record-keeping and rep orting requirements as described in § 60.65. §4- 41, Rule 18, Rule 27

, Title 40 CFR Part 60 Subpart FSignal Mountain Cement Company, L .P Page 21 of 27

2004 Part 70 Permit **Emission Unit 12 Clinker Handling and Storage**  1.0 Emissions of PM from exhaust point EP3060 (Baghouse 12) shall not exceed 0. 185 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 2 .0 Emissions of PM from exhaust point EP3070 (baghouse 13) shall not exceed 0.618 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the bagh ouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 3 .0 Emissions of PM from exhaust point EP5000 (baghouse 14) shall not exceed 0.74 2 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operatio ns and maintenance plan . 4.0 Emissions of PM from exhaust point EP5010 (baghouse 15) shall not exceed 0.46 4 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the b aghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 5.0 Emissions of PM from exhaust point EP6000 (baghouse 19) shall not exceed 0.069 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by

maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 6 .0 Emissions of PM from each of exhaust points EP6010, EP6020, EP6030 and EP6040 (baghouses 20 - 23 ) shall not exceed 0. 096 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs) . C ompliance with this limitation shall be achieved by operating the respective baghouses at all times that material is being processed and by maintenance of the baghouse s in accordance with the source’s operations and maintenance plan . 7.0 Emissions of PM from each of exhaust point s EP6050 (baghouse 24) and EP7150 (baghouse 47) shall not exceed 0.103 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs) . C ompliance with this limitation shall be achieved by operating each baghouse at all times that material is being processed and by m aintenance of the baghouses in accordance with the source’s operations and maintenance plan . 8 .0 Clinker Handling and Storage emission units are subject to Title 40 CFR Part 60 Subpart F, which includes the following:Signal Mountain Cement Company, L .P Page 22 of 27

2004 Part 70 Permit 8 .1 Visibl e emissions shall not exhibit 10% opacity or greater , averaged over any 6 - minute period, in accordance with § 60.62(c); 8 .2 Record-keeping and reporting requirements as described in § 60.65. §4- 41, Rule 18, Rule 27

, Title 40 CFR Part 60 Subpart FSignal Mountain Cement Company, L .P Page 23 of 27

2004 Part 70 Permit **Emi ssion Unit 13**  **Fuel Handling and Storage** 1.0 Particulate matter (PM) emissions from f ossil fuel grinding at exhaust point EP4000 (baghouse 4) shall not exceed 0. 643 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs). Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 2 .0 Particulate matter (PM) emissions from f ossil fuel grinding at exhaust point EP4010 (baghouse 16) shall not exceed 2.27 lb/hr (if determined by stack testing, averaged over three 1 -hour test runs). Compliance with this limitation shall be achieved by operating the baghouse at all times that material is being processed and by maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 3 .0 PM emissions from exhaust points EP4020 (baghouse 17) and EP4030 (baghouse 18) shall not exceed 0. 0 1 3 lb/hr at each of these emission points (if determined by stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by operating the respective baghouses at all times that material is being processed and by maintenance of the baghous es in accordance with the source’s operations and maintenance plan . 4 .0 The fuel handling and storage system is subject to Title 40 CFR Part 60 Subpart Y, which includes the following: 4 .1 PM emissions at each subject emission unit shall not exceed 0. 070 g/dscm (0.031 gr/dscf) in accordance with §60.252; 4 .2 V isible emissions shall not exhibit 20% opacity or greater, averaged over any 6 - minute period, in accordance with § 60.252(a)(2) and (c) ; 4 .3 Monitoring requirements as described in § 60.253 5 .0 The fuel handling and storage system is subject to §4 - 48(d) of the Chattanooga Air Pollution Control Ordinance , Title 40 CFR Part 64 - Compliance Assurance Monitoring (CAM). §4- 41, Rule 15 (40 CFR Part 60 Subpart Y), Rule 18, Rule 27 , §4 - 48 ( Title 40 CFR Part 64)Signal Mountain Cement Company, L .P Page 24 of 27

2004 Part 70 Permit **Emission Unit 14 Product Finishing and Handling**  1.0 Emissions of PM from exhaust point EP6060 (baghouse 25) shall not exceed 2.305 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by v enting the finish mill and separator exhaust through baghouse 25, which shall be operating at all times when material is being processed and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 2.0 Emissions of PM from exhaust point EP6070 (baghouse 26) shall not exceed 6.964 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with this limitation shall be achieved by v enting the finish mill and separator exhaust through baghouse 26, which shall be operating at all times when material is being processed and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . §4- 41, Rule 18, Rule 27 3 .0 Product finishing a nd handling emission points EP6060 and EP6070 are subject to Title 40 CFR Part 60 Subpart F, which includes, but may not be limited to, the following: 3 .1 Visible emissions shall not exhibit 10% opacity or greater , averaged over any 6 - minute period, in accordance with § 60.62(c); 3 .2 Record-keeping and reporting requirements as described in § 60.65. §4- 41, Rule 15 (

Title 40 CFR Part 60 Subpart F ) 4.0 Emissions of PM from each of exhaust points EP6100 and EP6110 (baghouse 29 and 30) shall not exceed 0.020 gr/dscf. C ompliance with this limitation shall be achieved by venting each system exhaust through a Fuller Dracco #52 Multibag baghouse; by operating the respective baghouse during ball mill operations and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . §4- 41, Rule 26.14(2)Signal Mountain Cement Company, L .P Page 25 of 27

2004 Part 70 Permit **Emission Unit 15 Finish Materials Storage and Handling**  1 .0 Emissions of PM from exhaust point EP7000 (baghouse 32) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by v enting storage silos 1, 2, and 3 through a Fuller Norblo baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 2 .0 Emissions of PM from exhaust point EP7010 (baghouse 33) shal l not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by v enting storage silos 4, 5, and 6 through a Fuller Norblo baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 3 .0 Emissions of PM from exhaust point EP7020 (baghouse 34) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by v enting storage silos 7, 8, and 9 through a Fuller baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 4 .0 Emissions of PM from exhaust point EP7030 (baghouse 35) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by venting storage silos 10, 11, and 12 through an ICA baghou se and by maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 5 .0 Emissions of PM from exhaust point EP7040 (baghouse 36) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by venting storage silos 13 and 14 through a Fuller Model 2 - MB - 32 baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 6 .0 Emissions of PM from exhaust point EP7050 (baghouse 37) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by v enting storage silo 15 and bulk truck loadout (EU7050 and EU7150) through a Fuller Model 2 - MB - 32 baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . 7 .0 Emissions of PM from exhaust point EP7060 (baghouse 38) shall not exceed 0.020 gr/dscf . Compliance with this limitation shall be achieved by venting storage silos 16 and 17 through a Fuller Model 2 - MB - 32 baghouse and by m aintenance of the baghouse in accordance with the source’s operations and maintenance plan . §4- 41, Rule 26.14 River Storage and Transport 8 .0 Emissions of PM from the river cement silo (baghouse 27) shall not exceed 0.757 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs). Compliance with this limitation shall be achiev ed by operating the baghouse during silo loading and by maintenance of the baghouse in accordance with the source’s operations and maintenance plan . 9 .0 Emissions of PM from the barge (baghouse 28) shall not exceed 1.422 lb/hr (if determined by

stack testing, averaged over three 1 -hour test runs) . Compliance with thisSignal Mountain Cement Company, L .P Page 26 of 27

2004 Part 70 Permit limitation shall be achieved by operating the baghouse during system operation and by maintenance of the baghouse in accordance with the source’s operations and maintenance plan . §4- 41, Rule 27

, Title 40 CFR Part 60 Subpart F 1 0 .0 Finish materials storage and handling emissi ons points EP6080, EP 6 090 and EP 71 20 are subject to Title 40 CFR Part 60 Subpart F, which includes the following: 1 0 .1 Visible emissions shall not exhibit 10% opacity or greater , averaged over any 6 - minute period, in accordance with § 60.62(c); 1 0 .2 Record-keeping and reporting requirements as described in § 60.65. §4- 41, Rule 15 (Title 40 CFR Part 60 Subpart F), Rule 18, Rule 26.1 4 11.0 Emissions of PM from loadout operations, conveyance for loadout, and packing operations (baghouses 39 - 43) shall not exceed 0.020 gr/dscf. Compliance with this limitation shall be achieved by operating each baghouse during respective system operation and by

m aintenance of the baghouses in accordance with the source’s operations and maintenance plan . §4- 41, Rule 26.14(2)Signal Mountain Cement Company, L .P Page 27 of 27

2004 Part 70 Permit **PERMIT SHIELD** At the request of the responsible official who signed and certifie d to the Part 70 permit application, compliance with the conditions of this permit shall be deemed compliance with any "applicable requirements", as defined in §4 - 53 of the Chattanooga Air Pollution Control Ordinance, as of the date of permit issuance that (1) are included and specifically i dentified in this permit, or (2) have been determined in writing in this permit not to be applicable to this permittee as specifically

identified. This permit shield does not alter or affect the following: (a) The provisions of Title 42 U.S.C. §7603 (emergency orders), including the authority o f the Administrator or of the Chattanooga- Hamilton County Air Pollution Control Board or Bureau Director thereunder; (b) The liability

o f a permittee of a source for any violation of applicable requirements prior to or at the time of permit issuance; (c) The applicable requirements of the acid rain program promulgated under Title IVo f the Clean Air Act consistent with Title 42 U.S.C. 7651g.(a); (d) The ability

o f EPA to obtain information from a source pursuant to Title 42 U.S.C. §7414, or of the Board or Bureau Director to obtain information from a source pursuant to the Chattanooga Air Pollution Control Ordinance or any other provision of local, state or federal law; and §4- 57(f) (e) The right of any

p erson to damages or other relief on account of injury to persons or property a nd to maintain any

action or other appropriate proceeding therefor; nor does it abridge, limit, impair, create, enlarge or otherwise affect substantive ly or procedurally

t his right. §4- 5(1)