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: ___ / ___ / _____

FINALFacility 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 toperform 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.

FINALFacility 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 FINALFacility 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 applicati on 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 FINALFacility 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, susp end, or revoke this permit in accordance with 6NYCRR Part 621. The gr ounds 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 modifi cation 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 FINALPermit 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 Permit Issued To: P & M BRICK LLC 494 WESTERN TURNPIKE ALTAMONT, NY 12009
Facility: P & M BRICK LLC 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 1

of 46 FINALPermit 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: Applicab ility 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 46 FINALPermit 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: Fac ility Permissible Emissions *29 6NY CRR 201-7: Capping Monitoring C ondition *30 6NY CRR 201-7: Capping Monitoring C ondition *31 6NY CRR 201-7: Capping Monitoring C ondition *32 6NY CRR 201-7: Capping Monitoring C ondition *33 6NY CRR 201-7: Capping Monitoring C ondition 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 FINALPermit 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 - 6 NYCRR 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 FINALPermit 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 - 6 NYCRR 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 Page 5

of 46 FINALPermit 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 pro ceeding, 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 exem pt, 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 FINALPermit 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 thispermit, including, but not

Air Pollution Control Permit Conditions Page 7 of 46 FINALPermit 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 FINALPermit 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 46 FINALPermit 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 distillateoil 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 orcoal 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 10of 46 FINALPermit 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 sh all 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 Page 11 of 46 FINALPermit 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 FINALPermit 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 46 FINALPermit 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 46 FINALPermit 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 15 of 46 FINALPermit 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 16 of 46 FINALPermit 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 17 of 46 FINALPermit 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 FINALPermit 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 19 of 46 FINALPermit 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 20of 46 FINALPermit 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 21 of 46 FINALPermit 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 22 of 46 FINALPermit 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 23 of 46 FINALPermit 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 FINALPermit 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 46 FINALPermit 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 46 FINALPermit 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 46 FINALPermit 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 - 6 NYCRR 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 record s 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 devi ces 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 f acility 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 28 of 46 FINALPermit 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 FINALPermit 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 comp ile 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 dur ation 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 requeste d in writing by the commissi oner'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/oroperator 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 30 of 46 FINALPermit 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 46 FINALPermit 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 p ounds per year Name: CARBON MONOXIDE CAS No: 007439-92-1 PTE: 19,000 p ounds per year Name: LEAD

Air Pollution Control Permit Conditions Page 32 of 46 FINALPermit ID: 4-0124-00012/00013 Facility DEC ID: 4012400012 CAS No: 007446-09-5 PTE: 190,000 p ounds per year Name: SULFUR DIOXIDE CAS No: 007647-01-0 PTE: 19,000 p ounds per year Name: HYDROGEN CHLORIDE CAS No: 007664-39-3 PTE: 19,000 p ounds per year Name: HYDROGEN FLUORIDE CAS No: 0NY075-00-5 PTE: 190,000 p ounds per year Name: PM-10 CAS No: 0NY100-00-0 PTE: 47,500 p ounds per year Name: HAP CAS No: 0NY210-00-0 PTE: 190,000 p ounds per year Name: OXIDES OF NITROGEN CAS No: 0NY998-00-0 PTE: 95,000 p ounds 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 c ondition 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 acce ss 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 33 of 46 FINALPermit 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 emissi ons 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 c ondition 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 46 FINALPermit 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 acce ss 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 emissi ons 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: 0NY998-00-0 VOC 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 46 FINALPermit 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 c ondition 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 acce ss 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 emissi ons 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 FINALPermit 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 c ondition 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 acce ss 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 FINALPermit 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 emissi ons 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 c ondition 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 FINALPermit 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 acce ss 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 emissi ons 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 FINALPermit 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 40 of 46 FINALPermit 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 46 FINALPermit 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 42 of 46 FINALPermit 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 43 of 46 FINALPermit 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 46 FINALPermit 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 p ounds per year CAS No: 007664-39-3 Name: HYDROGEN FLUORIDE

PTE(s): 0.19 pounds per hour 1,296 p ounds per year Emission Unit: U-00200

Air Pollution Control Permit Conditions Page 45 of 46 FINALPermit 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 p ounds per year Emission Unit: U-00300 CAS No: 0NY075-00-5 Name: PM-10

PTE(s): 0.001 p ounds per hour 8.5 pounds per year Emission Unit: U-00400 CAS No: 0NY075-00-5 Name: PM-10 PTE(s): 0.003 p ounds per hour 23.7 pounds per year Emission Unit: U-00500 CAS No: 0NY075-00-5 Name: PM-10 PTE(s): 0.001 p ounds 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 p ounds per year

Air Pollution Control Permit Conditions Page 46 of 46 FINAL