Facility DEC ID: 4012400012

 PERMIT

 Under the Environmental Conservation Law (ECL)

IDENTIFICATION INFORMATION

Permit Type: Air State Facility

Permit ID: 4-0124-00012/00013

Effective Date: 11/05/2004 Expiration Date: No expiration date

Permit Issued To: P & M BRICK LLC

494 WESTERN TURNPIKE

ALTAMONT, NY 12009

Contact: CHARLES COCKRELL

PO BOX 890

COEYMANS, NY 12045-0890

(518) 756-2164

Facility: P & M BRICK LLC

NY RT 144

COEYMANS, NY 12045

Description:

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance

with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions

included as part of this permit.

Permit Administrator: MICHAEL T HIGGINS

 DIVISION OF ENVIRONMENTAL PERMITS

 1150 NORTH WESTCOTT RD

 SCHENECTADY, NY 12306-2014

Authorized Signature: _________________________________ Date: ___ / ___ / _____

FINAL
Facility DEC ID: 4012400012

Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

The permittee expressly agrees to indemnify and hold harmless the Department of Environmental

Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all

claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions

in connection with the permittee's undertaking of activities in connection with, or operation and

maintenance of, the facility or facilities authorized by the permit whether in compliance or not in

compliance with the terms and conditions of the permit. This indemnification does not extend to

any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or

intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising

under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights

provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

The permittee is responsible for informing its independent contractors, employees, agents and 

assigns of their responsibility to comply with this permit, including all special conditions while

acting as the permittee's agent with respect to the permitted activities, and such persons shall

be subject to the same sanctions for violations of the Environmental Conservation Law as

those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

The permittee is responsible for obtaining any other permits, approvals, lands, easements and

rights-of-way that may be required to carry out the activities that are authorized by this

permit.

Item D: No Right to Trespass or Interfere with Riparian Rights

This permit does not convey to the permittee any right to trespass upon the lands or interfere

with the riparian rights of others in order to perform the permitted work nor does it authorize

the impairment of any rights, title, or interest in real or personal property held or vested in a

person not a party to the permit.

FINAL
Facility DEC ID: 4012400012

LIST OF CONDITIONS

 

DEC GENERAL CONDITIONS

General Provisions

Facility Inspection by the Department

Relationship of this Permit to Other Department Orders and Determinations

Applications for Permit Renewals and Modifications

Permit Modifications, Suspensions and Revocations by the Department

Facility Level

Submission of Applications for Permit Modification or Renewal -REGION 4 

HEADQUARTERS

 DEC Permit Conditions

Page 1 of 3 FINAL
Facility DEC ID: 4012400012

 DEC GENERAL CONDITIONS

 **** General Provisions  

GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department

Applicable State Requirement: ECL 19-0305

Item 1.1:

The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and 

intervals by an authorized representative of the Department of Environmental Conservation (the 

Department) to determine whether the permittee is complying with this permit and the ECL. Such 

representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3).

Item 1.2:

The permittee shall provide a person to accompany the Department's representative during an inspection 

to the permit area when requested by the Department.

Item 1.3:

A copy of this permit, including all referenced maps, drawings and special conditions, must be available 

for inspection by the Department at all times at the project site or facility. Failure to produce a copy of 

the permit upon request by a Department representative is a violation of this permit.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations

Applicable State Requirement: ECL 3-0301.2(m)

Item 2.1:

Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or 

rescind any order or determination previously issued by the Department or any of the terms, conditions or 

requirements contained in such order or determination.

Condition 3: Applications for Permit Renewals and Modifications

Applicable State Requirement: 6NYCRR 621.13

Item 3.1:

The permittee must submit a separate written application to the Department for renewal, modification or 

transfer of this permit. Such application must include any forms or supplemental information the 

Department requires. Any renewal, modification or transfer granted by the Department must be in 

writing.

Item 3.2:

The permittee must submit a renewal application at least 180 days before expiration of permits for Title V 

Facility Permits, or at least 30 days before expiration of permits for State Facility Permits. 

Item 3.3:

Permits are transferrable with the approval of the department unless specifically prohibited by the statute, 

regulation or another permit condition. Applications for permit transfer should be submitted prior to actual 

 DEC Permit Conditions

Page 2 of 3 FINAL
Facility DEC ID: 4012400012

transfer of ownership.

Condition 4: Permit Modifications, Suspensions and Revocations by the Department

Applicable State Requirement: 6NYCRR 621.14

Item 4.1:

The Department reserves the right to modify, suspend, or revoke this permit in accordance with 6NYCRR 

Part 621. The grounds for modification, suspension or revocation include:

a) materially false or inaccurate statements in the permit application or supporting papers;

b) failure by the permittee to comply with any terms or conditions of the permit;

c) exceeding the scope of the project as described in the permit application;

d) newly discovered material information or a material change in environmental conditions, 

relevant technology or applicable law or regulations since the issuance of the existing permit;

e) noncompliance with previously issued permit conditions, orders of the commissioner, any 

provisions of the Environmental Conservation Law or regulations of the Department 

related to the permitted activity.

 ** ** Facility Level ****

Condition 5: Submission of Applications for Permit Modification or Renewal -REGION 4 

HEADQUARTERS

Applicable State Requirement: 6NYCRR 621.5(a)

Item 5.1:

Submission of applications for permit modification or renewal are to be submitted to:

NYSDEC Regional Permit Administrator 

Region 4 Headquarters

Division of Environmental Permits

1150 North Westcott Rd.

Schenectady, NY 12306-2014

(518) 357-2069

 DEC Permit Conditions

Page 3 of 3 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Permit Under the Environmental Conservation Law (ECL)

ARTICLE 19: AIR POLLUTION CONTROL - AIR STATE FACILITY PERMIT

IDENTIFICATION INFORMATION

P & M BRICK LLC Permit Issued To:

494 WESTERN TURNPIKE

ALTAMONT, NY 12009

P & M BRICK LLC Facility:

NY RT 144

COEYMANS, NY 12045

Authorized Activity By Standard Industrial Classification Code:

3251 - BRICK AND STRUCTURAL CLAY TILE

 Air Pollution Control Permit Conditions

Page of 1 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

LIST OF CONDITIONS

 

FEDERALLY ENFORCEABLE CONDITIONS

Facility Level

1 6NYCRR 212.6(a): Compliance Demonstration

2 6NYCRR 225-1.8: Compliance Demonstration

Emission Unit Level

 EU=U-00200

3 40CFR 60, NSPS Subpart A: Applicability of General Provisions of 40 

CFR 60 Subpart A

4 40CFR 60.7(a), NSPS Subpart A: Date of construction notification.

5 40CFR 60.8, NSPS Subpart A: Compliance Demonstration

6 40CFR 60.8(a), NSPS Subpart A: Performance testing timeline.

7 40CFR 60.672(b), NSPS Subpart OOO: Compliance Demonstration

8 40CFR 60.672(e), NSPS Subpart OOO: Compliance Demonstration

 EU=U-00200,EP=00200

9 40CFR 60.672(a), NSPS Subpart OOO: Compliance Demonstration

10 40CFR 60.672(a), NSPS Subpart OOO: Compliance Demonstration

11 40CFR 60.672(a), NSPS Subpart OOO: Compliance Demonstration

 EU=U-00300

12 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00300,EP=00300

13 6NYCRR 212.4(c): Compliance Demonstration

14 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00400

15 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00400,EP=00400

16 6NYCRR 212.4(c): Compliance Demonstration

17 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00500

18 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00500,EP=00500

19 6NYCRR 212.4(c): Compliance Demonstration

 Air Pollution Control Permit Conditions

Page 2 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

20 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-00700

21 6NYCRR 212.4(c): Compliance Demonstration

22 6NYCRR 212.6(a): Compliance Demonstration

 EU=U-01000

23 6NYCRR 212.4(c): Compliance Demonstration

24 6NYCRR 212.6(a): Compliance Demonstration

STATE ONLY ENFORCEABLE CONDITIONS

Facility Level

25 ECL 19-0301: Contaminant List

26 6NYCRR 201-1.4: Unavoidable noncompliance and violations

27 6NYCRR 201-5: Emission Unit Definition

28 6NYCRR 201-7: Facility Permissible Emissions

*29 6NYCRR 201-7: Capping Monitoring Condition

*30 6NYCRR 201-7: Capping Monitoring Condition

*31 6NYCRR 201-7: Capping Monitoring Condition

*32 6NYCRR 201-7: Capping Monitoring Condition

*33 6NYCRR 201-7: Capping Monitoring Condition

34 6NYCRR 211.2: Air pollution prohibited

35 6NYCRR 211.2: Compliance Demonstration

Emission Unit Level

36 6NYCRR 201-5: Emission Point Definition By Emission Unit

37 6NYCRR 201-5: Process Definition By Emission Unit

38 6NYCRR 201-7: Emission Unit Permissible Emissions

NOTE: * preceding the condition number indicates capping.

Permit Effective Date: 11/05/2004 Permit Expiration Date: No expiration date.

 Air Pollution Control Permit Conditions

Page 3 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

FEDERALLY ENFORCEABLE CONDITIONS

**** Facility Level  

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

 This section contains terms and conditions which are federally enforceable. Permittees may also

have other obligations under regulations of general applicability

Item A: Sealing - 6NYCRR Part 200.5

The Commissioner may seal an air contamination source to 

prevent its operation if compliance with 6 NYCRR Chapter 

III is not met within the time provided by an order of the

Commissioner issued in the case of the violation. 

Sealing means labeling or tagging a source to notify any 

person that operation of the source is prohibited, and 

also includes physical means of preventing the operation 

of an air contamination source without resulting in 

destruction of any equipment associated with such source, 

and includes, but is not limited to, bolting, chaining or 

wiring shut control panels, apertures or conduits 

associated with such source.

No person shall operate any air contamination source 

sealed by the Commissioner in accordance with this section

unless a modification has been made which enables such 

source to comply with all requirements applicable to such 

modification.

Unless authorized by the Commissioner, no person shall 

remove or alter any seal affixed to any contamination 

source in accordance with this section.

Item B: Acceptable Ambient Air Quality - 6NYCRR Part 200.6

Notwithstanding the provisions of 6 NYCRR Chapter III, 

Subchapter A, no person shall allow or permit any air 

contamination source to emit air contaminants in 

quantities which alone or in combination with emissions 

from other air contamination sources would contravene any 

applicable ambient air quality standard and/or cause air 

pollution. In such cases where contravention occurs or may

occur, the Commissioner shall specify the degree and/or 

method of emission control required.

Item C: Maintenance of Equipment - 6NYCRR Part 200.7

Any person who owns or operates an air contamination 

 Air Pollution Control Permit Conditions

Page 4 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

source which is equipped with an emission control device 

shall operate such device and keep it in a satisfactory 

state of maintenance and repair in accordance with 

ordinary and necessary practices, standards and 

procedures, inclusive of manufacturer's specifications, 

required to operate such device effectively.

Item D: Unpermitted Emission Sources - 6NYCRR Part 201-1.2

If an existing emission source was subject to the 

permitting requirements of 6NYCRR Part 201 at the time of 

construction or modification, and the owner and/or 

operator failed to apply for a permit for such emission 

source then the following provisions apply:

(a) The owner and/or operator must apply for a permit for 

such emission source or register the facility in 

accordance with the provisions of Part 201.

(b) The emission source or facility is subject to all 

regulations that were applicable to it at the time of 

construction or modification and any subsequent 

requirements applicable to existing sources or 

facilities.

Item E: Emergency Defense - 6NYCRR Part 201-1.5

An emergency constitutes an affirmative defense to an 

action brought for noncompliance with emissions 

limitations or permit conditions for all facilities in New

York State.

(a) The affirmative defense of emergency shall be 

demonstrated through properly signed, contemporaneous 

operating logs, or other relevant evidence that:

(1) An emergency occurred and that the facility owner 

and/or operator can identify the cause(s) of the 

emergency;

(2) The equipment at the permitted facility causing the 

emergency was at the time being properly operated;

(3) During the period of the emergency the facility owner

and/or operator took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, 

or other requirements in the permit; and

(4) The facility owner and/or operator notified the 

Department within two working days after the event 

 Air Pollution Control Permit Conditions

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Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

occurred. This notice must contain a description of the 

emergency, any steps taken to mitigate emissions, and 

corrective actions taken.

(b) In any enforcement proceeding, the facility owner 

and/or operator seeking to establish the occurrence of an 

emergency has the burden of proof.

(c) This provision is in addition to any emergency or 

upset provision contained in any applicable requirement.

Item F: Recycling and Salvage - 6NYCRR Part 201-1.7

Where practical, any person who owns or operates an air 

contamination source shall recycle or salvage air 

contaminants collected in an air cleaning device according

to the requirements of 6 NYCRR.

Item G: Prohibition of Reintroduction of Collected Contaminants 

to the Air - 6NYCRR Part 201-1.8

No person shall unnecessarily remove, handle, or cause to

be handled, collected air contaminants from an air 

cleaning device for recycling, salvage or disposal in a 

manner that would reintroduce them to the outdoor 

atmosphere.

Item H: Proof of Eligibility for Sources Defined as Exempt 

Activities - 6 NYCRR Part 201-3.2(a)

The owner and/or operator of an emission source or unit 

that is eligible to be exempt, may be required to certify 

that it operates within the specific criteria described in

6 NYCRR Subpart 201-3. The owner or operator of any such 

emission source must maintain all required records on-site

for a period of five years and make them available to 

representatives of the Department upon request. 

Department representatives must be granted access to any 

facility which contains emission sources or units subject 

to 6 NYCRR Subpart 201-3, during normal operating hours, 

for the purpose of determining compliance with this and 

any other state and federal air pollution control 

requirements, regulations, or law.

Item I: Proof of Eligibility for Sources Defined as Trivial 

Activities - 6 NYCRR Part 201-3.3(a)

The owner and/or operator of an emission source or unit 

that is listed as being trivial in 6 NYCRR Part 201 may be

required to certify that it operates within the specific 

 Air Pollution Control Permit Conditions

Page 6 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

criteria described in 6 NYCRR Subpart 201-3. The owner or

operator of any such emission source must maintain all 

required records on-site for a period of five years and 

make them available to representatives of the Department 

upon request. Department representatives must be granted 

access to any facility which contains emission sources or 

units subject to 6 NYCRR Subpart 201-3, during normal 

operating hours, for the purpose of determining compliance

with this and any other state and federal air pollution 

control requirements, regulations, or law.

Item J: Required Emission Tests - 6 NYCRR Part 202-1.1

An acceptable report of measured emissions shall be 

submitted, as may be required by the Commissioner, to 

ascertain compliance or noncompliance with any air 

pollution code, rule, or regulation. Failure to submit a 

report acceptable to the Commissioner within the time 

stated shall be sufficient reason for the Commissioner to 

suspend or deny an operating permit. Notification and 

acceptable procedures are specified in 6NYCRR Part 202-1.

Item K: Visible Emissions Limited - 6 NYCRR Part 211.3

Except as permitted by a specific part of this Subchapter

and for open fires for which a restricted burning permit 

has been issued, no person shall cause or allow any air 

contamination source to emit any material having an 

opacity equal to or greater than 20 percent (six minute 

average) except for one continuous six-minute period per 

hour of not more than 57 percent opacity.

Item L: Open Fires - 6 NYCRR Part 215

No person shall burn, cause, suffer, allow or permit the 

burning in an open fire of garbage, rubbish for salvage, 

or rubbish generated by industrial or commercial 

activities.

Item M: Permit Exclusion - ECL 19-0305

The issuance of this permit by the Department and the 

receipt thereof by the Applicant does not and shall not be

construed as barring, diminishing, adjudicating or in any 

way affecting any legal, administrative or equitable 

rights or claims, actions, suits, causes of action or 

demands whatsoever that the Department may have against 

the Applicant for violations based on facts and 

circumstances alleged to have occurred or existed prior to

the effective date of this permit, including, but not 

 Air Pollution Control Permit Conditions

Page 7 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

limited to, any enforcement action authorized pursuant to 

the provisions of applicable federal law, the 

Environmental Conservation Law of the State of New York 

(ECL) and Chapter III of the Official Compilation of the 

Codes, Rules and Regulations of the State of New York 

(NYCRR). The issuance of this permit also shall not in any

way affect pending or future enforcement actions under the

Clean Air Act brought by the United States or any person.

Item N: Federally Enforceable Requirements - 40 CFR 70.6(b)

All terms and conditions in this permit required by the 

Act or any applicable requirement, including any 

provisions designed to limit a facility's potential to 

emit, are enforceable by the Administrator and citizens 

under the Act. The Department has, in this permit, 

specifically designated any terms and conditions that are 

not required under the Act or under any of its applicable 

requirements as being enforceable under only state 

regulations.

FEDERAL APPLICABLE REQUIREMENTS

 The following conditions are federally enforceable.

Condition 1: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 1.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 1.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

during facility operation.

 Air Pollution Control Permit Conditions

Page 8 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this 

may be zero percent opacity for many or all emission 

sources) and in compliance with section 212.6(a) are 

detected, the permittee shall determine the cause, make 

the necessary correction, and verify that the excess 

visible emissions problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 2: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 225-1.8

Item 2.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 2.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

An owner or operator of a facility which purchases and 

fires coal and/or fuel oil shall compile and retain 

 Air Pollution Control Permit Conditions

Page 9 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

records of the following information: 

a. fuel analyses and data on the quantities of all 

residual and distillate oil and coal received, burned or 

sold;

b. the names of all purchasers of all residual and 

distillate oil and coal sold;

c. any results of stack sampling, stack monitoring and 

other procedures used to ensure compliance with the 

provisions of 6 NYCRR Part 225-1.

Fuel analyses must contain, as a minimum, data on the 

sulfur content, specific gravity and heating value of any 

residual oil, distillate oil or coal received, burned or 

sold. Ash content shall also be included in the fuel 

analyses for any residual oil or coal received, burned or 

sold.

These records shall be retained for a minimum period of 

three years. If the facility is subject to Title V 

requirements the minimum record retention period shall be 

five years. The records shall be made available for 

inspection by department staff during normal business 

hours. In addition, copies of such records shall be 

furnished to department staff upon request. All required 

sampling, compositing and analysis of fuel samples must be

done in accordance with methods acceptable to the 

department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

** ** Emission Unit Level  

Condition 3: Applicability of General Provisions of 40 CFR 60 Subpart A

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60, NSPS Subpart A

Item 3.1:

This Condition applies to Emission Unit: U-00200

Item 3.2:

This emission source is subject to the applicable General Provisions of 40 CFR 60. The facility owner is 

responsible for reviewing these general provisions in detail and complying with all applicable technical, 

administrative and reporting requirements.

 Air Pollution Control Permit Conditions

Page 10 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Condition 4: Date of construction notification.

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.7(a), NSPS Subpart A

Item 4.1:

This Condition applies to Emission Unit: U-00200

Item 4.2:

Any owner or operator subject to this part shall furnish the Administrator with the following 

information:

1) a notification of the date construction or reconstruction commenced, post marked no later than 30 

days after such date; 

2) a notification of the anticipated date of initial start up, post marked not more than 60 days not less 

than 30 days prior to such date;

3) a notification of the actual date of initial start up, post marked within 15 days after such date;

4) a notification of any physical or operational change to an existing facility which may increase the 

emission rate of any air pollutant to which a standard applies, unless the change is specifically exempted 

under this part. The notice shall be post marked 60 days or as soon as practicable before the change is 

commenced and shall include information describing the precise nature of the change, present and 

proposed emission control systems, productive capability of the facility before and after the change, and 

the expected completion date of the change. The Administrator may request additional information 

regarding the change;

5) a notification of the date upon which the demonstration of continuous monitoring system performance 

commences, post marked not less than 30 days prior to such date;

6) a notification of the anticipated date for conducting the opacity observations, post marked not less 

than 30 days prior to such date; and

7) a notification that continuous opacity monitoring system data results will be used to determine 

compliance with the applicable opacity standard during the performance test, post marked not less than 

30 days prior to the performance test.

Condition 5: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.8, NSPS Subpart A

Item 5.1:

The Compliance Demonstration activity will be performed for:

 Air Pollution Control Permit Conditions

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Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 5.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

Initial performance tests shall be done. The tests shall

be done with a NYSDEC approved protocol and with a NYSDEC 

witness. It is advised to allow 90 days for NYSDEC to 

approve the protocol. 

It is advised to schedule the test with the NYSDEC witness

60 days in advance. (If the witness is unavailable on the

agreed upon scheduled test date, the "go-ahead" to test 

without the witness must be obtained before testing from 

the witness.)

An acceptable emission test report shall be submitted 

within 60 days after completion of the tests.

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 6: Performance testing timeline.

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.8(a), NSPS Subpart A

Item 6.1:

This Condition applies to Emission Unit: U-00200

Item 6.2:

Within 60 days after achieving the maximum production rate, but not later than 180 days after initial 

startup of the facility, the owner or operator of the facility shall conduct performance testing and provide 

the results of such tests, in a written report, to the Administrator.

Condition 7: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.672(b), NSPS Subpart OOO

Item 7.1:

The Compliance Demonstration activity will be performed for:

 Air Pollution Control Permit Conditions

Page 12 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 7.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Initial 3 hour performance test shall be done. Test is 

for fugitive emissions from any transfer point on belt 

conveyors or fugitive emissions from any other affected 

source. See 40 CFR 60 OOO 675 (c) (3) for details of when

the test may be reduced from 3 hours to 1 hour.

Parameter Monitored: OPACITY

Upper Permit Limit: 10 percent

Reference Test Method: USEPA Method 9

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 8: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.672(e), NSPS Subpart OOO

Item 8.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 8.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Initial 1.5 hour performance test shall be done. Test is

for any building (any frame structure with a roof) 

 Air Pollution Control Permit Conditions

Page 13 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

enclosing any transfer point on a conveyor or enclosing 

any other affected source. Test is not for emissions from

a building vent (an opening with mechanically induced air 

flow). (Vents are treated as stacks and must meet the 

opacity limit of 40 CFR 60 OOO 672 (a)). Each side of the

building and the roof must be observed for 15 minutes.

Parameter Monitored: OPACITY

Upper Permit Limit: 0 percent

Reference Test Method: USEPA Method 22

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 9: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.672(a), NSPS Subpart OOO

Item 9.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00200 Emission Point: 00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 9.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Initial 3 hour performance test shall be done 

concurrently with initial grain-loading stack test.

Parameter Monitored: OPACITY

Upper Permit Limit: 7 percent

Reference Test Method: USEPA Method 9

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 10: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

 Air Pollution Control Permit Conditions

Page 14 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Applicable Federal Requirement: 40CFR 60.672(a), NSPS Subpart OOO

Item 10.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00200 Emission Point: 00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 10.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Initial performance test shall be done. The limit is 

0.05 grams/dry standard cubic meter.

Upper Permit Limit: 0.05 grains

Reference Test Method: USEPA Method 5

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 11: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 40CFR 60.672(a), NSPS Subpart OOO

Item 11.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00200 Emission Point: 00200

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 11.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Pressure differential across the baghouse shall be 

monitored. The reading shall be recorded in a logbook 

 Air Pollution Control Permit Conditions

Page of 15 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

daily. Corrective actions and maintenance shall also be 

recorded in the log. Records shall be kept on site for 5 

years.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: .5 pounds per square inch gauge

Upper Permit Limit: 10 pounds per square inch gauge

Monitoring Frequency: DAILY

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 12: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 12.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00300

Item 12.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

during facility operation.

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this may

be zero percent opacity for many or all emission sources) 

and in compliance with section 212.6(a) are detected , the

 Air Pollution Control Permit Conditions

Page of 16 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

permittee shall determine the cause, make the necessary 

correction, and verify that the excess visible emissions 

problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 13: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.4(c)

Item 13.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00300 Emission Point: 00300

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 13.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Emissions of solid particulates are limited to less than 

0.050 grains of particulates per cubic foot of exhaust 

gas, expressed at standard conditions on a dry gas basis. 

Compliance testing will be conducted at the discretion of 

the Department.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Reference Test Method: EPA Method 5

 Air Pollution Control Permit Conditions

Page of 17 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 14: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 14.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00300 Emission Point: 00300

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 14.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Pressure differential across the baghouse shall be 

monitored. The reading shall be recorded in a logbook 

daily. Corrective actions and maintenance shall also be 

recorded in the log. Records shall be kept on site for 5 

years.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: .5 pounds per square inch gauge

Upper Permit Limit: 10 pounds per square inch gauge

Monitoring Frequency: DAILY

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 15: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 15.1:

The Compliance Demonstration activity will be performed for:

 Air Pollution Control Permit Conditions

Page 18 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-00400

Item 15.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

during facility operation.

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this may

be zero percent opacity for many or all emission sources) 

and in compliance with section 212.6(a) are detected , the

permittee shall determine the cause, make the necessary 

correction, and verify that the excess visible emissions 

problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 Air Pollution Control Permit Conditions

Page of 19 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Condition 16: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.4(c)

Item 16.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00400 Emission Point: 00400

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 16.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Emissions of solid particulates are limited to less than 

0.050 grains of particulates per cubic foot of exhaust 

gas, expressed at standard conditions on a dry gas basis. 

Compliance testing will be conducted at the discretion of 

the Department.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 17: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 17.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00400 Emission Point: 00400

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 17.2:

 Air Pollution Control Permit Conditions

Page 20 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Pressure differential across the baghouse shall be 

monitored. The reading shall be recorded in a logbook 

daily. Corrective actions and maintenance shall also be 

recorded in the log. Records shall be kept on site for 5 

years.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: .5 pounds per square inch gauge

Upper Permit Limit: 10 pounds per square inch gauge

Monitoring Frequency: DAILY

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 18: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 18.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00500

Item 18.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

during facility operation.

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

 Air Pollution Control Permit Conditions

Page of 21 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this may

be zero percent opacity for many or all emission sources) 

and in compliance with section 212.6(a) are detected , the

permittee shall determine the cause, make the necessary 

correction, and verify that the excess visible emissions 

problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 19: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.4(c)

Item 19.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00500 Emission Point: 00500

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 19.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Emissions of solid particulates are limited to less than 

0.050 grains of particulates per cubic foot of exhaust 

 Air Pollution Control Permit Conditions

Page of 22 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

gas, expressed at standard conditions on a dry gas basis. 

Compliance testing will be conducted at the discretion of 

the Department.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 20: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 20.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00500 Emission Point: 00500

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 20.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

Pressure differential across the baghouse shall be 

monitored. The reading shall be recorded in a logbook 

daily. Corrective actions and maintenance shall also be 

recorded in the log. Records shall be kept on site for 5 

years.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: .5 pounds per square inch gauge

Upper Permit Limit: 10 pounds per square inch gauge

Monitoring Frequency: DAILY

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 21: Compliance Demonstration

 Air Pollution Control Permit Conditions

Page of 23 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.4(c)

Item 21.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00700

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 21.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Emissions of solid particulates are limited to less than 

0.050 grains of particulates per cubic foot of exhaust 

gas, expressed at standard conditions on a dry gas basis. 

Compliance testing will be conducted at the discretion of 

the Department.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 22: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 22.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-00700

Item 22.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Air Pollution Control Permit Conditions

Page 24 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

during facility operation.

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this may

be zero percent opacity for many or all emission sources) 

and in compliance with section 212.6(a) are detected , the

permittee shall determine the cause, make the necessary 

correction, and verify that the excess visible emissions 

problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 23: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.4(c)

Item 23.1:

The Compliance Demonstration activity will be performed for:

 Air Pollution Control Permit Conditions

Page 25 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-01000

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 23.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

Emissions of solid particulates are limited to less than 

0.050 grains of particulates per cubic foot of exhaust 

gas, expressed at standard conditions on a dry gas basis. 

Compliance testing will be conducted at the discretion of 

the Department.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 24: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable Federal Requirement: 6NYCRR 212.6(a)

Item 24.1:

The Compliance Demonstration activity will be performed for:

Emission Unit: U-01000

Item 24.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

No person shall cause or allow emissions having an 

average opacity during any six consecutive minutes of 20 

percent or greater from any process emission source, 

except only the emission of uncombined water. The 

Department reserves the right to perform or require the 

performance of a Method 9 opacity evaluation at any time 

 Air Pollution Control Permit Conditions

Page 26 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

during facility operation.

The permittee will conduct observations of visible 

emissions from the emission unit, process, etc. to which 

this condition applies at the monitoring frequency stated 

below while the process is in operation. The permittee 

will immediately investigate any instance where there is 

cause to believe that visible emissions above those that 

are normal and in compliance are occurring or have 

occurred from a process source. 

If visible emissions above those that are normal (this may

be zero percent opacity for many or all emission sources) 

and in compliance with section 212.6(a) are detected , the

permittee shall determine the cause, make the necessary 

correction, and verify that the excess visible emissions 

problem has been corrected. 

If visible emissions above those that are normal and in 

compliance continue to be present after corrections are 

made, the permittee will immediately notify The Department

and conduct a Method 9 assessment within 24 hours to 

determine the degree of opacity.

Records of these observations, investigations and 

corrective actions will be kept on-site in a format 

acceptable to the Department and the semiannual progress 

report and annual compliance certifications required of 

all permittees subject to Title V must include a summary 

of theses instances.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 Air Pollution Control Permit Conditions

Page 27 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

 STATE ONLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

 This section contains terms and conditions which are not federally enforceable. Permittees may also

have other obligations under regulations of general applicability

Item A: Public Access to Recordkeeping for Facilities With State 

Facility Permits - 6NYCRR Part 201-1.10(a)

Where emission source owners and/or operators keep 

records pursuant to compliance with the operational 

flexibility requirements of 6 NYCRR Subpart 201-5.4(b)(1) 

, and/or the emission capping requirements of 6 NYCRR 

Subparts 201-7.2(d), 201-7.3(f), 201-7.3(g), 

201-7.3(h)(5), 201-7.3(i) and 201-7.3(j), the Department 

will make such records available to the public upon 

request in accordance with 6 NYCRR Part 616 - Public 

Access to Records. Emission source owners and/or 

operators must submit the records required to comply with 

the request within sixty working days of written 

notification by the Department of receipt of the 

request.

Item B: General Provisions for State Enforceable Permit Terms and

Condition - 6 NYCRR Part 201-5

Any person who owns and/or operates stationary sources 

shall operate and maintain all emission units and any 

required emission control devices in compliance with all 

applicable Parts of this Chapter and existing laws, and 

shall operate the facility in accordance with all 

criteria, emission limits, terms, conditions, and 

standards in this permit. Failure of such person to 

properly operate and maintain the effectiveness of such 

emission units and emission control devices may be 

sufficient reason for the Department to revoke or deny a 

permit.

The owner or operator of the permitted facility must 

maintain all required records on-site for a period of five

years and make them available to representatives of the 

Department upon request. Department representatives must 

be granted access to any facility regulated by this 

Subpart, during normal operating hours, for the purpose of

determining compliance with this and any other state and 

federal air pollution control requirements, regulations or

 Air Pollution Control Permit Conditions

Page of 28 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

law.

STATE ONLY APPLICABLE REQUIREMENTS

 The following conditions are state only enforceable.

Condition 25: Contaminant List

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: ECL 19-0301

Item 25.1:

Emissions of the following contaminants are subject to contaminant specific requirements in this 

permit(emission limits, control requirements or compliance monitoring conditions).

CAS No: 000630-08-0

Name: CARBON MONOXIDE

CAS No: 0NY100-00-0

Name: HAP

CAS No: 007647-01-0

Name: HYDROGEN CHLORIDE

CAS No: 007664-39-3

Name: HYDROGEN FLUORIDE

CAS No: 007439-92-1

Name: LEAD

CAS No: 0NY210-00-0

Name: OXIDES OF NITROGEN

CAS No: 0NY075-00-0

Name: PARTICULATES

CAS No: 0NY075-00-5

Name: PM-10

CAS No: 007446-09-5

Name: SULFUR DIOXIDE

CAS No: 0NY998-00-0

Name: VOC

 Air Pollution Control Permit Conditions

Page 29 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Condition 26: Unavoidable noncompliance and violations

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-1.4

Item 26.1:

At the discretion of the commissioner a violation of any applicable emission standard for necessary 

scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or upsets may be 

excused if such violations are unavoidable. The following actions and recordkeeping and reporting 

requirements must be adhered to in such circumstances.

(a) The facility owner and/or operator shall compile and maintain records of all equipment 

maintenance or start-up/shutdown activities when they can be expected to result in an exceedance of any 

applicable emission standard, and shall submit a report of such activities to the commissioner's 

representative when requested to do so in writing or when so required by a condition of a permit issued 

for the corresponding air contamination source except where conditions elsewhere in this permit which 

contain more stringent reporting and notification provisions for an applicable requirement, in which case 

they supercede those stated here. Such reports shall describe why the violation was unavoidable and shall 

include the time, frequency and duration of the maintenance and/or start-up/shutdown activities and the 

identification of air contaminants, and the estimated emission rates. If a facility owner and/or operator is 

subject to continuous stack monitoring and quarterly reporting requirements, he need not submit reports 

for equipment maintenance or start-up/shutdown for the facility to the commissioner's representative.

(b) In the event that emissions of air contaminants in excess of any emission standard in 6 NYCRR 

Chapter III Subchapter A occur due to a malfunction, the facility owner and/or operator shall report such 

malfunction by telephone to the commissioner's representative as soon as possible during normal working 

hours, but in any event not later than two working days after becoming aware that the malfunction 

occurred. Within 30 days thereafter, when requested in writing by the commissioner's representative, the 

facility owner and/or operator shall submit a written report to the commissioner's representative 

describing the malfunction, the corrective action taken, identification of air contaminants, and an estimate 

of the emission rates. These reporting requirements are superceded by conditions elsewhere in this 

permit which contain reporting and notification provisions for applicable requirements more stringent 

than those above.

(c) The Department may also require the owner and/or operator to include in reports described 

under (a) and (b) above an estimate of the maximum ground level concentration of each air contaminant 

emitted and the effect of such emissions depending on the deviation of the malfunction and the air 

contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which result in 

emissions exceeding any applicable emission standard, the facility owner and/or operator shall take 

appropriate action to prevent emissions which will result in contravention of any applicable ambient air 

quality standard. Reasonably available control technology, as determined by the commissioner,. shall be 

applied during any maintenance, start-up/shutdown or malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance standard or 

national emissions standard for hazardous air pollutants) excused, the specific federal regulation must 

 Air Pollution Control Permit Conditions

Page of 30 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

provide for an affirmative defense during start-up, shutdowns, malfunctions or upsets.

Condition 27: Emission Unit Definition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-5

Item 27.1:

The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00200

Emission Unit Description: 

SHALE PROCESSING CONSISTING OF SCREENING 

AND CONVEYING OPERATIONS. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

THROUGH A FABRIC FILTER PRIOR TO ENTERING 

THE ATMOSPHERE.

Building(s): GP

Item 27.2:

The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00300

Emission Unit Description: 

EXTRUSION PROCESS AREA CONSISTING OF BRICK

MATERIAL ADDITIVE HOPPERS, SAND BLASTING, 

AND CONVEYING OPERATIONS. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

THROUGH A FABRIC FILTER PRIOR TO ENTERING 

THE ATMOSPHERE.

Building(s): MR

Item 27.3:

The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00400

Emission Unit Description: 

MOLDED BRICK BLENDING PLANT CONSISTING OF 

CLAY/SHALE BINS, CONVEYOR OPERATIONS, AND A

CLAY/SHALE BLENDING OPERATION. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

TO A FABRIC FILTER PRIOR TO ENTERING THE 

ATMOSPHERE.

Building(s): MBB

Item 27.4:

The facility is authorized to perform regulated processes under this permit for:

 Air Pollution Control Permit Conditions

Page 31 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-00500

Emission Unit Description: 

SAND MIXING OPERATIONS CONSISTING OF A 

SAND HOPPER AND SCREW CONVEYOR. EMISSIONS 

RESULTING FROM THESE ARE VENTED TO A FABRIC

FILTER PRIOR TO BEING RELEASED TO THE 

ATMOSPHERE.

Building(s): PB3

Item 27.5:

The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00700

Emission Unit Description: 

BRICK DRYING AND FIRING OPERATIONS 

CONSISTING OF TWO EXTRUDED BRICK DRYERS, 

TWO MOLDED BRICK DRYERS, AND TWO TUNNEL 

KILNS USED TO FIRE BOTH EXTRUDED AND MOLDED

BRICKS.

Building(s): TKB

Item 27.6:

The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-01000

Emission Unit Description: 

SHALE CRUSHING OPERATION CONSISTING OF A 

SHALE FEED BIN, CRUSHER AND CONVEYOR 

OPERATION.

Condition 28: Facility Permissible Emissions

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 28.1:

The sum of emissions from the emission units specified in this permit shall not equal or exceed the 

following

Potential To Emit (PTE) rate for each regulated contaminant:

CAS No: 000630-08-0 PTE: 190,000 pounds per year

Name: CARBON MONOXIDE

CAS No: 007439-92-1 PTE: 19,000 pounds per year

Name: LEAD

 Air Pollution Control Permit Conditions

Page of 32 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

CAS No: 007446-09-5 PTE: 190,000 pounds per year

Name: SULFUR DIOXIDE

CAS No: 007647-01-0 PTE: 19,000 pounds per year

Name: HYDROGEN CHLORIDE

CAS No: 007664-39-3 PTE: 19,000 pounds per year

Name: HYDROGEN FLUORIDE

CAS No: 0NY075-00-5 PTE: 190,000 pounds per year

Name: PM-10

CAS No: 0NY100-00-0 PTE: 47,500 pounds per year

Name: HAP

CAS No: 0NY210-00-0 PTE: 190,000 pounds per year

Name: OXIDES OF NITROGEN

CAS No: 0NY998-00-0 PTE: 95,000 pounds per year

Name: VOC

Condition 29: Capping Monitoring Condition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 29.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of 

limiting emissions from the facility, emission unit or process to avoid being subject to the following 

applicable requirement(s) that the facility, emission unit or process would otherwise be subject to:

6NYCRR 201-6

Item 29.2:

Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, 

conditions and standards in this permit.

Item 29.3:

The owner or operator of the permitted facility must maintain all required records on-site for a period of 

five years and make them available to representatives of the Department upon request. Department 

representatives must be granted access to any facility regulated by this Subpart, during normal operating 

hours, for the purpose of determining compliance with this and any other state and federal air pollution 

control requirements, regulations or law.

Item 29.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an 

emissions cap, the responsible official shall provide a certification to the Department that the facility has 

 Air Pollution Control Permit Conditions

Page of 33 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

operated all emission units within the limits imposed by the emission cap. This certification shall include 

a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold 

levels that would require compliance with an applicable requirement.

Item 29.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for 

which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of the Act.

Item 29.6:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 000630-08-0 CARBON MONOXIDE

CAS No: 007446-09-5 SULFUR DIOXIDE

CAS No: 0NY210-00-0 OXIDES OF NITROGEN

CAS No: 0NY075-00-5 PM-10

Item 29.7:

Compliance Demonstration shall include the following monitoring:

Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

Emissions are limited to 95 tons/yr. Current AP-42 

emission factors shall be used to calculate emissions.

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: BRICK

Upper Permit Limit: 68,000,000 brick

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2005.

Subsequent reports are due every 12 calendar month(s).

Condition 30: Capping Monitoring Condition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 30.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of 

limiting emissions from the facility, emission unit or process to avoid being subject to the following 

applicable requirement(s) that the facility, emission unit or process would otherwise be subject to:

 Air Pollution Control Permit Conditions

Page 34 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

6NYCRR 201-6

Item 30.2:

Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, 

conditions and standards in this permit.

Item 30.3:

The owner or operator of the permitted facility must maintain all required records on-site for a period of 

five years and make them available to representatives of the Department upon request. Department 

representatives must be granted access to any facility regulated by this Subpart, during normal operating 

hours, for the purpose of determining compliance with this and any other state and federal air pollution 

control requirements, regulations or law.

Item 30.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an 

emissions cap, the responsible official shall provide a certification to the Department that the facility has 

operated all emission units within the limits imposed by the emission cap. This certification shall include 

a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold 

levels that would require compliance with an applicable requirement.

Item 30.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for 

which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of the Act.

Item 30.6:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 0NY998-00-0VOC

Item 30.7:

Compliance Demonstration shall include the following monitoring:

Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

VOC emissions are limited to 47.5 tons/yr. Current AP-42

emission factors shall be used to calculate emissions.

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: BRICK

Upper Permit Limit: 68,000,000 brick

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

 Air Pollution Control Permit Conditions

Page 35 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

The initial report is due 1/30/2005.

Subsequent reports are due every 12 calendar month(s).

Condition 31: Capping Monitoring Condition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 31.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of 

limiting emissions from the facility, emission unit or process to avoid being subject to the following 

applicable requirement(s) that the facility, emission unit or process would otherwise be subject to:

6NYCRR 201-6

Item 31.2:

Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, 

conditions and standards in this permit.

Item 31.3:

The owner or operator of the permitted facility must maintain all required records on-site for a period of 

five years and make them available to representatives of the Department upon request. Department 

representatives must be granted access to any facility regulated by this Subpart, during normal operating 

hours, for the purpose of determining compliance with this and any other state and federal air pollution 

control requirements, regulations or law.

Item 31.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an 

emissions cap, the responsible official shall provide a certification to the Department that the facility has 

operated all emission units within the limits imposed by the emission cap. This certification shall include 

a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold 

levels that would require compliance with an applicable requirement.

Item 31.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for 

which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of the Act.

Item 31.6:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 0NY100-00-0 HAP

Item 31.7:

Compliance Demonstration shall include the following monitoring:

Capping: Yes

 Air Pollution Control Permit Conditions

Page 36 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

Total HAP emissions are limited to 23.75 tons/yr. 

Analysis of HAP content of raw materials shall be used to 

calculate emissions.

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: BRICK

Upper Permit Limit: 68,000,000 brick

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2005.

Subsequent reports are due every 12 calendar month(s).

Condition 32: Capping Monitoring Condition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 32.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of 

limiting emissions from the facility, emission unit or process to avoid being subject to the following 

applicable requirement(s) that the facility, emission unit or process would otherwise be subject to:

6NYCRR 201-6

Item 32.2:

Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, 

conditions and standards in this permit.

Item 32.3:

The owner or operator of the permitted facility must maintain all required records on-site for a period of 

five years and make them available to representatives of the Department upon request. Department 

representatives must be granted access to any facility regulated by this Subpart, during normal operating 

hours, for the purpose of determining compliance with this and any other state and federal air pollution 

control requirements, regulations or law.

Item 32.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an 

emissions cap, the responsible official shall provide a certification to the Department that the facility has 

operated all emission units within the limits imposed by the emission cap. This certification shall include 

a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold 

levels that would require compliance with an applicable requirement.

 Air Pollution Control Permit Conditions

Page 37 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Item 32.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for 

which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of the Act.

Item 32.6:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 007439-92-1 LEAD

CAS No: 007664-39-3 HYDROGEN FLUORIDE

CAS No: 007647-01-0 HYDROGEN CHLORIDE

Item 32.7:

Compliance Demonstration shall include the following monitoring:

Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

Individual HAP emissions are limited to 9.5 tons/yr. 

Analysis of HAP content of raw materials shall be used to 

calculate emissions.

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: BRICK

Upper Permit Limit: 68,000,000 brick

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2005.

Subsequent reports are due every 12 calendar month(s).

Condition 33: Capping Monitoring Condition

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 33.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of 

limiting emissions from the facility, emission unit or process to avoid being subject to the following 

applicable requirement(s) that the facility, emission unit or process would otherwise be subject to:

6NYCRR 201-6

Item 33.2:

Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, 

 Air Pollution Control Permit Conditions

Page 38 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

conditions and standards in this permit.

Item 33.3:

The owner or operator of the permitted facility must maintain all required records on-site for a period of 

five years and make them available to representatives of the Department upon request. Department 

representatives must be granted access to any facility regulated by this Subpart, during normal operating 

hours, for the purpose of determining compliance with this and any other state and federal air pollution 

control requirements, regulations or law.

Item 33.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an 

emissions cap, the responsible official shall provide a certification to the Department that the facility has 

operated all emission units within the limits imposed by the emission cap. This certification shall include 

a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold 

levels that would require compliance with an applicable requirement.

Item 33.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement, for 

which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of the Act.

Item 33.6:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 33.7:

Compliance Demonstration shall include the following monitoring:

Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

Emissions are limited to 95 tons/yr. Fuel sulfur content

limited.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: NUMBER 2 OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.38 percent by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2005.

Subsequent reports are due every 12 calendar month(s).

 Air Pollution Control Permit Conditions

Page 39 of 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Condition 34: Air pollution prohibited

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 211.2

Item 34.1:

No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, 

characteristic or duration which are injurious to human, plant or animal life or to property, or which 

unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence 

of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any 

particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in 

combination with others.

Condition 35: Compliance Demonstration

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 211.2

Item 35.1:

The Compliance Demonstration activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 35.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

Within 30 days of issuance of the permit, the facility 

shall submit a Fugitive Dust Control Plan. The facility 

shall comply with the provisions of that Plan.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

 ** ** Emission Unit Level ****

Condition 36: Emission Point Definition By Emission Unit

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-5

 Air Pollution Control Permit Conditions

Page of 40 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Item 36.1:

The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00200

Emission Point: 00200

Height (ft.): 39 Diameter (in.): 34

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: GP

Item 36.2:

The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00300

Emission Point: 00300

Height (ft.): 15 Diameter (in.): 21

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: MR

Item 36.3:

The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00400

Emission Point: 00400

Height (ft.): 51 Diameter (in.): 30

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: MBB

Item 36.4:

The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00500

Emission Point: 00500

Height (ft.): 30 Diameter (in.): 16

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: PB3

Item 36.5:

The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00700

Emission Point: 0701A

Height (ft.): 35 Diameter (in.): 42

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Emission Point: 0701B

Height (ft.): 35 Diameter (in.): 42

 Air Pollution Control Permit Conditions

Page 41 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Emission Point: 0702A

Height (ft.): 25 Diameter (in.): 48

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Emission Point: 0702B

Height (ft.): 25 Diameter (in.): 48

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Emission Point: 0703A

Height (ft.): 24 Diameter (in.): 54

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Emission Point: 0703B

Height (ft.): 24 Diameter (in.): 54

NYTMN (km.): 4703.7 NYTME (km.): 599.2 Building: TKB

Condition 37: Process Definition By Emission Unit

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-5

Item 37.1:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00200

Process: 200 Source Classification Code: 3-05-003-08

Process Description: 

SHALE PROCESSING CONSISTING OF SCREENING 

AND CONVEYING OPERATIONS. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

TO A FABRIC FILTER PRIOR TO BEING RELEASED 

TO THE ATMOSPHERE.

Emission Source/Control: BH002 - Control

Control Type: FABRIC FILTER

Emission Source/Control: 00001 - Process

Emission Source/Control: 00002 - Process

Emission Source/Control: 0002A - Process

Item 37.2:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Air Pollution Control Permit Conditions

Page of 42 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

Emission Unit: U-00300

Process: 300 Source Classification Code: 3-05-003-98

Process Description: 

EXTRUSION PROCESS AREA CONSISTING OF BRICK

MATERIAL ADDITIVE HOPPERS, SAND BLASTING 

AND CONVEYING OPERATIONS. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

TO A FABRIC FILTER PRIOR TO BEING RELEASED 

TO THE ATMOSPHERE.

Emission Source/Control: BH003 - Control

Control Type: FABRIC FILTER

Emission Source/Control: 00003 - Process

Emission Source/Control: 00004 - Process

Emission Source/Control: X0005 - Process

Item 37.3:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00400

Process: 400 Source Classification Code: 3-05-003-08

Process Description: 

MOLDED BRICK BLENDING PLANT CONSISTING OF 

CLAY/SHALE BINS, CONVEYOR OPERATIONS AND A 

SHALE/CLAY BLENDING OPERATION. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

TO A FABRIC FILTER PRIOR TO BEING RELEASED 

TO THE ATMOSPHERE.

Emission Source/Control: BH004 - Control

Control Type: FABRIC FILTER

Emission Source/Control: 00005 - Process

Emission Source/Control: 00006 - Process

Emission Source/Control: 00007 - Process

Item 37.4:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00500

Process: 500 Source Classification Code: 3-05-003-98

Process Description: 

 Air Pollution Control Permit Conditions

Page of 43 46 FINAL
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

SAND MIXING OPERATION CONSISTING OF A SAND

HOPPER AND SCREW CONVEYOR. EMISSIONS 

RESULTING FROM THESE OPERATIONS ARE VENTED 

TO A FABRIC FILTER PRIOR TO BEING RELEASED 

TO THE ATMOSPHERE.

Emission Source/Control: BH005 - Control

Control Type: FABRIC FILTER

Emission Source/Control: X0009 - Process

Emission Source/Control: X009A - Process

Item 37.5:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00700

Process: 701 Source Classification Code: 3-05-003-11

Process Description: 

TWO NATURAL GAS OR OIL-FIRED TUNNEL KILNS 

USED TO FIRE EXTRUDED AND MOLDED BRICKS.

Emission Source/Control: T701A - Process

Emission Source/Control: T701B - Process

Item 37.6:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00700

Process: 702 Source Classification Code: 3-05-003-98

Process Description: 

TWO EXTRUDED BRICK DRYERS USED TO DRY THE 

EXTRUDED BRICK PRIOR TO FIRING. THESE TWO 

EXTRUDED BRICK DRYERS USE RECIRCULATED HEAT

PRODUCED BY THE TUNNEL KILNS.

Emission Source/Control: E702A - Process

Emission Source/Control: E702B - Process

Item 37.7:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00700

Process: 703 Source Classification Code: 3-05-003-98

Process Description: 

 Air Pollution Control Permit Conditions

Page 44 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

TWO NATURAL GAS-FIRED MOLDED BRICK DRYERS 

USED TO DRY THE MOLDED BRICK PRIOR TO 

FIRING.

Emission Source/Control: M703A - Process

Emission Source/Control: M703B - Process

Item 37.8:

This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-01000

Process: 001 Source Classification Code: 3-05-003-02

Process Description: 

SHALE CRUSHING OPERATION CONSISTING OF A 

SHALE FEED BIN, CRUSHER AND CONVEYOR 

OPERATION.

Emission Source/Control: B1000 - Process

Emission Source/Control: C1000 - Process

Emission Source/Control: F1000 - Process

Condition 38: Emission Unit Permissible Emissions

Effective between the dates of 11/05/2004 and Permit Expiration Date

Applicable State Requirement: 6NYCRR 201-7

Item 38.1:

The sum of emissions from all regulated processes specified in this permit for the emission unit cited

shall not exceed the following Potential to Emit (PTE) rates for each regulated contaminant:

Emission Unit: U-00700

CAS No: 007647-01-0

Name: HYDROGEN CHLORIDE

PTE(s): 0.27 pounds per hour

1,872 pounds per year

CAS No: 007664-39-3

Name: HYDROGEN FLUORIDE

PTE(s): 0.19 pounds per hour

1,296 pounds per year

Emission Unit: U-00200

 Air Pollution Control Permit Conditions

Page 45 of FINAL 46
Permit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012

CAS No: 0NY075-00-5

Name: PM-10

PTE(s): 0.02 pounds per hour

137 pounds per year

Emission Unit: U-00300

CAS No: 0NY075-00-5

Name: PM-10

PTE(s): 0.001 pounds per hour

8.5 pounds per year

Emission Unit: U-00400

CAS No: 0NY075-00-5

Name: PM-10

PTE(s): 0.003 pounds per hour

23.7 pounds per year

Emission Unit: U-00500

CAS No: 0NY075-00-5

Name: PM-10

PTE(s): 0.001 pounds per hour

0.02 pounds per year

Emission Unit: U-01000

CAS No: 0NY075-00-5

Name: PM-10

PTE(s): 0.72 pounds per hour

5,020 pounds per year

 Air Pollution Control Permit Conditions

Page 46 of FINAL 46