RESPONSE TO COMMENTS. Arkbola - Jenny Lind Quarry PERMIT #1336-AR-3 AFIN:

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1 RESPONSE TO COMMENTS Akbola - Jenny Lind Quay PERMT #1336-AR-3 AFN: On August 15,2007 and August 18,2007, the Diecto ofthe Akansas Depatment of Envionmental Quality gave notice ofa daft pemitting decision fo the above efeenced facility. Duing the comment peiod, one inteested peson submitted witten comments, data, views, o aguments on the daft pemitting decision. The Depatment's esponse to these issues follows. Comment #1: Specific Condition #7 (Pg 10), t is ou undestanding that SN-13 (Dilling) is not subect to Subpat 000, even though it has been listed as such in the pevious pemit. We equest that SN 13 (Dilling) would be listed as an insignificant activity and that it be emoved fom the othe Specific Conditions within the pemit as being subect to Subpat 000 (Specific Conditions #1, #2, etc). Response to Comment #1: The Depatment will make the change as equested because SN-13, Dilling, is not an affected souce pe (a)(1), the souce emissions ae below the 5 tpy limit fo insignificant activity goup A-13, and no cuent testing, monitoing, epoting, o ecodkeeping equiements fo this souce exist in the pemit. 1 of 1

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3 ADEQ ARK A N S A S Depatment of Envionmental Quality ~D~ lp. ~DO"" Andy Peeples Akhola Division, APAC - Akansas, nc. - Jenny Lind Quay PO Box 1627 Fot Smith, AR Dea M. Peeples: The enclosed Pemit No AR-3 is you authoity to constuct, opeate, and maintain the equipment and/o contol appaatus as set foth in you application initially eceived on 4/23/2007. Afte consideing the facts and equiements ofa.c.a et seq., and implementing egulations, have detemined that Pemit No AR-3 fo the constuction, opeation and maintenance ofan ai pollution contol system fo Akhola Division, APAC - Akansas, nc. Jenny Lind Quay to be issued and effective on the date specified in the pemit, unless a Commission eview has been popely equested unde ofregulation No.8, Akansas Depatment ofpollution Contol & Ecology Commission's Administative Pocedues, within thity (30) days afte sevice ofthis decision. All pesons submitting witten comments duing this thity (30) day peiod, and all othe pesons entitled to do so, may equest an adudicatoy heaing and Commission eview on whethe the decision ofthe Diecto should be evesed o modified. Such a equest shall be in the fom and manne equied by ofregulation No.8. Sinceely, Mike Bates Chief, Ai Division ARKANSAS DEPARTMENT OF ENVRONMENTAL QUALTY 5301 NORTHSHORE DRVE / NORTH UTLE ROCK / ARKANSAS / TELEPHONE / FAX

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5 ADEQ MNOR SOURCE AR PERMT Pemit No.: 1336-AR-3 S SSUED TO: Akhola - Jenny Lind Quay 2118 Gate Nine Road Jenny Lind, AR Sebastian County AFN: THS PERMT S THE ABOVE REFERENCED PERMTTEE'S AUTHORTY TO CONSTRUCT, MODFY, OPERATE, AND/OR MANTAN THE EQUPMENT AND/OR FACLTY N THE MANNER AS SET FORTH N THE DEPARTMENT'S MNOR SOURCE AR PERMT AND THE APPLCATON. THS PERMT S SSUED PURSUANT TO THE PROVSONS OF THE ARKANSAS WATER AND AR POLLUTON CONTROL ACT (ARK. CODE ANN. SEC ETSEQ.) AND THE REGULATONS PROMULGATED THEREUNDER, AND S SUBJECT TO ALL LMTS AND CONDTONS CONTANED HEREN. Signed: ~i~ Mike Bates Chief, Ai Division ~O\te(Y\~ LP QDol Date

6 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Table of Contents Section : FACLTY NFORMATON 4 Section : NTRODUCTON 5 Summay ofpennit Activity 5 Pocess Desciption 5 Regulations 5 Total Allowable Emissions 6 Section : PERMT HSTORY 7 Section V: EMSSON UNT NFORMATON 8 Section V: NSGNFCANT ACTVTES 12 Section V: GENERAL CONDTONS 13 Appendix A 2

7 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: List ofaconyms and Abbeviations A.c.A. AFN CFR CO HAP blh No. NO x PM PM10 S02 Tpy UTM VOC Akansas Code Annotated ADEQ Facility dentification Numbe Code offedeal Regulations Cabon Monoxide Hazadous Ai Pollutant Pound Pe Hou Numbe Nitogen Oxide Paticulate Matte Paticulate Matte Smalle Than Ten Micons Sulfu Dioxide Tons Pe Yea Univesal Tansvese Mecato Volatile Oganic Compound 3

8 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Section : FACLTY NFORMATON PERMTTEE: Akhola - Jenny Lind Quay AFN: PERMT NUMBER: 1336-AR-3 FACLTY ADDRESS: 2118 Gate Nine Road Jenny Lind, AR MALNG ADDRESS: P.O. Box 1627 Fot Smith, AR COUNTY: CONTACT POSTON: Sebastian Andy Peeples TELEPHONE NUMBER: REVEWNG ENGNEER: Kaen Ceney UTM Noth UTM East South (Y): West (X): Zone 15: Zone 15:

9 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Section : NTRODUCTON Summay ofpennit Activity Akhola Sand and Gavel Company, a division ofapac - Akansas, nc., owns and opeates a sandstone quay and cushing plant in Jenny Lind, Akansas (AFN# ). Akhola Jenny Lind has been in opeation since This pennit modification allows the pennittee to cease visible emissions testing fo the Chip Plant Cushe (SN-08) and the Chip Plant Sceen (SN-09) because the facility has demonstated compliance with the visible emissions since Septembe 1998, and to add Dilling (SN-13) to the insignificant activities list. Pocess Desciption The pocess begins with the extaction ofsandstone fom the suounding aea by dilling and blasting, followed by loading and hauling the shot ock to the pimay cushe. Reduction ofthe extacted ock to finished maketable sizes is accomplished by cushing and sceening. Cushing is accomplished by five cushes. The pimay aw cushe poduces a minus eight inch poduct. The seconday cushe poduces a minus five inch mateial. The #1 and #2 tetiay cushes both poduce a minus one and a halfinch mateial. The chip plant cushe poduces a minus one halfinch mateial. Sceening is accomplished by: a 5' x 10' sceen which sepaates base mateial fom ovesized mateial; two 6' x 16' deck vibating sceens which sepaate ovesize mateial fom concete ock and base mateial and fine mateial fom ovesize mateial; two 6' x 16' thee deck vibating sceens which sepaate diffeent size factions ofconcete and asphalt aggegates fom ovesize mateial and fine mateial; and a 6' x 16' thee deck vibating sceen which sepaates chips fom ovesize and fine mateial. End dump haul tucks ae used to tanspot the finished poduct to open ai stockpiles, whee the poducts ae sold by loading the mateial into dump tucks by font end loades. Regulations The following table contains the egulations applicable to this pennit. Regulations Akansas Ai Pollution Contol Code, Regulation 18, effective Febuay 15, 1999 Regulations ofthe Akansas Plan ofmplementation fo Ai Pollution Contol, Regulation 19, effective Octobe 15, CFR 60 Subpat Standads ofpefonnance fo Nonmetallic Mineal Pocessing Plants The following table is a summay ofemissions fom the facility. This table, in itself, is not an enfoceable condition ofthe pennit. 5

10 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Total Allowable Emissions TOTAL ALLOWABLE EMSSONS Pollutant lb/h Emission Rates tpy PM PM lo

11 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Section : PERMT HSTORY 1336-A was issued on August 14, t was the initial pennit fo the facility. The facility was pennitted fo tpy ofpm 10 emissions AR-l was issued on Febuay 16, AR-2 was issued on Septembe 30, This pennit modification updated the emissions based on new lowe AP-42 emission factos. The facility also inceased the poduction ate fom 1 million tons pe yea (tpy) to 1.75 million tpy ofcushed stone. The modification also emoved limits on hous ofopeation. 7

12 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Specific Conditions Section V: EMSSON UNT NFORMATON 1. The pennittee shall not exceed the emission ates set foth in the following table. [Regulation 19, et seq., effective Octobe 15,2007 and A.C.A as efeenced by A.CA and ] SN Desciption Pollutant lb/h tpy 01 Pimay Jaw Cushe PM Sceen PM Seconday Cushe PM #1 Sceen Towe PM #2 Sceen Towe PMO #1 Tetiay Cushe PMO #2 Tetiay Cushe PM Chip Plant Cushe PM Chip Plant Sceen PM Tuck Unloading PMO Tuck Loading PM Tansfe Points PM The pennittee shall not exceed the emission ates set foth in the following table. [Regulation 18, , effective Febuay 15,1999, and A.CA as efeenced by A.CA and ] SN Desciption Pollutant lb/h tpy 01 Pimay Jaw Cushe PM Sceen PM Seconday Cushe PM #1 Sceen Towe PM #2 Sceen Towe PM #1 Tetiay Cushe PM

13 Akhola - Jenny Lind Quay Pemit #: 1336-AR-3 AFN: SN Desciption Pollutant lb/h tpy 07 #2 Tetiay Cushe PM Chip Plant Cushe PM Chip Plant Sceen PM Tuck Unloading PM Tuck Loading PM Tansfe Points PM Visible emissions may not exceed the limits specified in the following table ofthis pemit as measued by EPA Refeence Method 9. [AC.A as efeenced by AC.A and ] SN Limit Regulatoy Citation 01 20% % % % % % % % % % % % The pemittee shall not cause o pemit the emission ofai contaminants, including odos o wate vapo and including an ai contaminant whose emission is not othewise pohibited by Regulation #18, ifthe emission ofthe ai contaminant constitutes ai pollution within the meaning ofac.a [Regulation 18, and AC.A as efeenced by AC.A and ] 9

14 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: The pennittee shall not conduct opeations in such a manne as to unnecessaily cause ai contaminants and othe pollutants to become aibone. [Regulation 18, and A.c.A as efeenced by A.C.A and ] 6. All emission contol equipment associated with this facility shall be maintained and opeated in seviceable condition as pescibed by the manufactue duing opeation of the facility. [Regulation 19, and A.C.A as efeenced by A.C.A and ] 7. All equipment that is installed, econstucted, o modified afte August 31, 1983 (SN-08 and 09) is subect to the equiements ofnew Souce Pefonnance Standads ofthe 40 CFR, as found in Subpat Standads ofpefonnance fo Nonmetallic Mineal Pocessing Plants. [Regulation 19, and 40 CFR 60, ] 8. All cushes and sceens at the facility shall be equipped with wate spays to contol dust emissions. This condition does not apply when the aw mateial is sufficiently wet to cause no visible emissions. n the eventof failue of such equipment due to weathe, mechanical beakdown, o othe conditions, the facility shall cease opeation of pocess equipment ifunable to opeate within pennitted limits without the use of such equipment. [Regulation 19, , A.C.A as efeenced by A.C.A and , and 40 CFR 70.6] 9. The pennittee shall wate all pocesses, stoage piles and haul oads as needed to ensue that the opacity limits in Specific Condition 3 ae not exceeded and that no visible emissions extend beyond the popety line ofthe facility. [Regulation 19, and A.C.A as efeenced by A.C.A and ] 10. The pennittee shall not pocess moe than 1.75 million tons of cushed stone at the facility pe consecutive 12-month peiod. [Regulation 19, and A.C.A as efeenced by A.c.A and ] 11. The pennittee shall maintain monthly ecods which demonstate compliance with Specific Condition 10. Poduction ecods ae maintained by the actual quantityof poduct weighed and hauled away fom the facility. The pennittee will update the ecods by the last dayof the month following the month to which the ecods petain. A l2-month olling total and each individual month's data will be maintained onsite, and will be made available to Depatment pesonnel upon equest. [Regulation 19, and A.c.A as efeenced by A.c.A and 8-4-3ll] 12. n accodance with Geneal Condition 7, the pennittee shall test quay opeation souces SN-08 and 09 to detennine compliance with opacity limits specified in Specific Condition 3. EPA efeence Method 9 shall be used with the additions added outlined in 40 CFR Subpat 000, (c). The last test esults wee epoted to the Depatment on Octobe 4,2004. These test esults shall be kept with the copyof this pennit and shall be made available to Depatment pesonnel upon equest. No futhe testingof these souces is equied. [Regulation 19, and 40 CFR 60, (c)] 10

15 Akhola - Jenny Lind Quay Pemit #: 1336-AR-3 AFN: The pemittee shall maintain ecods which document the pecentage ofthe total aggegate output ofthe ock cushing plant which is used as a feedstock by the asphalt plant which is opeated at the common site and unde the contol of a common owne o opeato. These ecods shall be updated monthly and shall indicate the total aggegate output ofthe ock cushing plant, the total aggegate feed to the hot mix plant, and the pecentage ofthe cushing plant's output that was used as a feedstock by the asphalt plant duing the peceding month. A 12-month olling total and each individual month's data shall be maintained on-site and shall be made available to Depatment pesonnel upon equest. f50 pecent o geate ofthe total cushing output is used as a feedstock by the co-located asphalt plant unde common contol, then the cushing plant shall be classified as a suppot facility to the asphalt plant. [ (B) and AC.A as efeenced by and ] 14. fthe pemitted cushing plant is opeated at a site whee it is co-located with a hot mix asphalt plant and the cushing plant is classified as a suppot facility unde the tems of Specific Condition 13, then the pemittee shall apply fo and obtain the ADEQ Title V Geneal Pemit fo Co-located Hot Mix Asphalt and Rock Cushing facilities (Pemit No AGP-000) o a standad ADEQ Mino Souce o Title V pemit pio to locating the units at the common site. [ (B) and AC.A as efeenced by and ] 11

16 Akhola - Jenny Lind Quay Pemit #: 1336-AR-3 AFN: Section V: NSGNFCANT ACTVTES The Depatment deems the following types ofactivities o emissions as insignificant on the basis ofsize, emission ate, poduction ate, o activity in accodance with Goup A ofthe nsignificant Activities list found in Regulation 18 and 19 Appendix A. nsignificant activity emission deteminations ely upon the infomation submitted by the pemittee in an application dated May 11, 2007 and a lette submitted August 29,2007. Desciption SN-13, Dilling Categoy A-13 12

17 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Section V: GENERAL CONDTONS 1. Any tenns o conditions included in this pennit that specify and efeence Akansas Pollution Contol & Ecology Commission Regulation 18 o the Akansas Wate and Ai Pollution Contol Act (A.C.A et seq.) as the sole oigin ofand authoity fo the tenns o conditions ae not equied unde the Clean Ai Act o any ofits applicable equiements, and ae not fedeally enfoceable unde the Clean Ai Act. Akansas Pollution Contol & Ecology Commission Regulation 18 was adopted pusuant to the Akansas Wate and Ai Pollution Contol Act (A.c.A et seq.). Any tenns o conditions included in this pennit that specify and efeence Akansas Pollution Contol & Ecology Commission Regulation 18 o the Akansas Wate and Ai Pollution Contol Act (A.C.A et seq.) as the oigin ofand authoity fo the tenns o conditions ae enfoceable unde this Akansas statute. 2. This pennit does not elieve the owne o opeato ofthe equipment and/o the facility fom compliance with all applicable povisions ofthe Akansas Wate and Ai Pollution Contol Act and the egulations pomulgated unde the Act. [A.C.A as efeenced by A.C.A and ] 3. The pennittee shall notify the Depatment in witing within thity (30) days afte commencement ofconstuction, completion ofconstuction, fist opeation ofequipment and/o facility, and fist attainment ofthe equipment and/o facility taget poduction ate. [Regulation 19, and/o A.c.A as efeenced by A.C.A and ] 4. Constuction o modification must commence within eighteen (18) months fom the date ofpennit issuance. [Regulation 19, 19.41O(B) and/o Regulation 18, (B) and A.C.A as efeenced by A.C.A and ] 5. The pennittee must keep ecods fo five yeas to enable the Depatment to detennine compliance with the tenns ofthis pennit such as hous ofopeation, thoughput, upset conditions, and continuous monitoing data. The Depatment may use the ecods, at the discetion ofthe Depatment, to detennine compliance with the conditions ofthe pennit. [Regulation 19, and/o Regulation 18, and A.C.A as efeenced by A.c.A and ] 6. A esponsible official must cetify any epots equied by any condition contained in this pennit and submit any epots to the Depatment at the addess below. [Regulation 19, and/o Regulation 18, and A.C.A as efeenced by A.C.A and ] Akansas Depatment of Envionmental Quality Ai Division ATTN: Compliance nspecto Supeviso 5301 Nothshoe D. 13

18 Alchola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: Noth Little Rock, AR The pennittee shall test any equipment scheduled fo testing, unless stated in the Specific Conditions of this pennit o by any fedeally egulated equiements, within the following time fames: (1) newly constucted o modified equipment within sixty (60) days of achieving the maximum poduction ate, but no late than 180 days afte initial stat up of the pennitted souce o (2) existing equipment aleady opeating accoding to the time fames set foth by the Depatment. The pennittee must notify the Depatment ofthe scheduled date ofcompliance testing at least fifteen (15) days in advance of such test. The pennittee must submit compliance test esults to the Depatment within thity (30) days afte the completion oftesting. [Regulation 19, and/o Regulation 18, and AC.A as efeenced by A.C.A and ] 8. The pennittee shall povide: [Regulation 19, and/o Regulation 18, and AC.A as efeenced by AC.A and ] a. Sampling pots adequate fo applicable test methods b. Safe sampling platfonns c. Safe access to sampling platfonns d. Utilities fo sampling and testing equipment 9. The pennittee shall opeate equipment, contol appaatus and emission monitoing equipment within thei design limitations. The pennittee shall maintain in good condition at all times equipment, contol appaatus and emission monitoing equipment. [Regulation 19, and/o Regulation 18, and A.c.A as efeenced by A.C.A and ] 10. f the pennittee exceeds an emission limit established by this pennit, the pennittee will be deemed in violation ofsaid pennit and will be subect to enfocement action. The Depatment may foego enfocement action fo emissions exceeding any limits established by this pennit povided the following equiements ae met: [Regulation 19, and/o Regulation 18, and AC.A as efeenced by A.C.A and ] a. The pennittee demonstates to the satisfaction ofthe Depatment that the emissions esulted fom an equipment malfunction o upset and ae not the esult ofnegligence o impope maintenance, and the pennittee took all easonable measues to immediately minimize o eliminate the excess emissions. b. The pennittee epots the occuence o upset o beakdown ofequipment (by telephone, facsimile, o ovenight delivey) to the Depatment by the end of the next business day afte the occuence o the discovey ofthe occuence. c. The pennittee must submit to the Depatment, within five business days afte the occuence o the discovey ofthe occuence, a full, witten epot ofsuch occuence, including a statement ofall known causes and ofthe scheduling and natue ofthe actions to be taken to minimize o eliminate futue occuences, 14

19 Akhola - Jenny Lind Quay Pennit #: 1336-AR-3 AFN: including, but not limited to, action to educe the fequency ofoccuence ofsuch conditions, to minimize the amount by which said limits ae exceeded, and to educe the length oftime fo which said limits ae exceeded. fthe infonnation is included in the initial epot, the infonnation need not be submitted again. 11. The pennittee shall allow epesentatives ofthe Depatment upon the pesentation of cedentials: [A.C.A as efeenced by A.C.A and ] a. To ente upon the pennittee's pemises, o othe pemises unde the contol ofthe pennittee, whee an ai pollutant souce is located o in which any ecods ae equied to be kept unde the tenns and conditions ofthis pennit; b. To have access to and copy any ecods equied to be kept unde the tenns and conditions ofthis pennit, o the Act; c. To inspect any monitoing equipment o monitoing method equied in this pennit; d. To sample any emission ofpollutants; and e. To pefonn an opeation and maintenance inspection ofthe pennitted souce. 12. The Depatment issued this pennit in eliance upon the statements and pesentations made in the pennit application. The Depatment has no esponsibility fo the adequacy o pope functioning ofthe equipment o contol appaatus. [AC.A as efeenced by A.C.A and ] 13. The Depatment may evoke o modify this pennit when, in the udgment ofthe Depatment, such evocation o modification is necessay to comply with the applicable povisions ofthe Akansas Wate and Ai Pollution Contol Act and the egulations pomulgated the Akansas Wate and Ai Pollution Contol Act. [Regulation 19, (A) and/o Regulation 18, (A) and A.C.A as efeenced by AC.A and ] 14. This pennit may be tansfeed. An applicant fo a tansfe must submit a witten equest fo tansfe ofthe pennit on a fonn povided by the Depatment and submit the disclosue statement equied by Akansas Code Annotated at least thity (30) days in advance ofthe poposed tansfe date. The pennit will be automatically tansfeed to the new pennittee unless the Depatment denies the equest to tansfe within thity (30) days ofthe eceipt ofthe disclosue statement. The Depatment may deny a tansfe on the basis ofthe infonnation evealed in the disclosue statement o othe investigation o, delibeate falsification o omission ofelevant infonnation. [Regulation 19, (B) and/o Regulation 18, (B) and A.C.A as efeenced by A.C.A and ] 15. This pennit shall be available fo inspection on the pemises whee the contol appaatus is located. [A.C.A as efeenced by AC.A and ] 15

20 Alchola - Jenny Lind Quay Pemit #: 1336-AR-3 AFN: This pemit authoizes only those pollutant emitting activities addessed heein. [A.C.A as efeenced by A.c.A and ] 17. This pemit supesedes and voids all peviously issued ai pemits fo this facility. [Regulation 18 and 19 and A.C.A as efeenced by A.C.A and ] 18. The pemittee must pay all pemit fees in accodance with the pocedues established in Regulation No.9. [A.C.A (c)] 16

21 APPENDX A

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23 Electonic Code of Fedeal Regulations (e-cfr) e-cfr Data is cuent as of July 3, 2007 Title 40: Potection of Envionment PART 6o-STANDARDS OF PERFORMANCE FOR NEW STATONARY SOURCES Subpat OOO-Standads of Pefomance fo Nonmetallic Mineal Pocessing Plants Souce: 51 FR 31337, Aug. 1, 1985, unless othewise noted Applicability and designation of affected facility. (a)(1) Except as povided in paagaphs (a)(2). (b), (c). and (d) of this section, the povisions of this subpat ae applicable to the following affected facilities in fixed o potable nonmetallic mineal pocessing plants: each cushe, ginding mill, sceening opeation, bucket elevato, belt conveyo, bagging opeation, stoage bin, enclosed tuck o ailca loading station. Also, cushes and ginding mills at hot mix asphalt facilities that educe the size of nonmetallic mineals embedded in ecycled asphalt pavement and subsequent affected facilities up to, but not including, the fist stoage silo o bin ae subect to the povisions of this subpat. (2) The povisions of this SUbpat do not apply to the following opeations: All facilities located in undegound mines; and stand-alone sceening opeations at plants without cushes o ginding mills. (b) An affected facility that is subect to the povisions of subpat F o o that follows in the plant pocess any facility subect to the povisions of subpats F o of this pat is not subect to the povisions of this SUbpat. (c) Facilities at the following plants ae not subect to the povisions of this subpat: (1) Fixed sand and gavel plants and cushed stone plants with capacities, as defined in , of 23 megagams pe hou (25 tons pe hou) o less; (2) Potable sand and gavel plants and cushed stone plants with capacities, as defined in , of 136 megagams pe hou (150 tons pe hou) o less; and (3) Common clay plants and pumice piants with capacities, as defined in , of 9 megagams pe hou (10 tons pe hou) o less. (d)(1) When an existing facility is eplaced by a piece of equipment of equal o smalle size, as defined in , having the same function as the existing facility, the new facility is exempt fom the povisions of , , and except as povided fo in paagaph (d)(3) of this section. (2) An owne o opeato complying with paagaph (d}(1) of this section shall submit the infomation equied in (a). (3) An owne o opeato eplacing all existing facilities in a poduction line with new facilities does not qualify fo the exemption descibed in paagaph (d)(1) of this section and must comply with the povisions of , and (e) An affected facility unde paagaph (a) of this section that commences constuction, econstuction, o modification afte August 31, 1983 is subect to the equiements of this pat. (f) Table 1 of this subpat specifies the povisions of subpat A of this pat 60 that apply and those that do not apply to ownes and opeatos of affected facilities subect to this subpat. Table 1-Appllcabillty of Subpat A to Subpat 000 Subpat A efeence Applies to Subpat 000 Comment 60.1, Applicability Yes 60.2, Definitions Yes 60.3, Units and Yes abbeviations 60.4, Addess: (a) Yes (b) Yes 60.5, Detennination of Yes constuction o modification 60.6, Review ofplans Yes

24 Subpat A efeence Applies to Subpat000 Comment 60.7, Notification and Yes Except in (a)(2) epot of ecodkeeping anticipated date ofinitial statup is not equied ( (h)). 60.8, Pefomance tests Yes Except in (d), afte 30 days notice fo an initially scheduled pefomance test, any escheduled pefomance test equies 7 days notice, not 30 days ( (g)). 60.9, Availability of Yes infomation 60.10, State authoity Yes 60.11, Compliance with Yes Except in (b) unde cetain standads and maintenance conditions ( (c)(3) equiements and (c)(4)), Method 9 obsevation may be educed fom 3 hous to 1 hou. Some affected facilities exempted fom Method 9 tests ( (h)) , Cicumvention Yes 60.13, Monitoing Yes equiements 60.14, Modification Yes 60.15, Reconstuction Yes 60.16, Pioity list Yes 60.17, ncopoations by Yes efeence 60.18, Geneal contol No Flaes will not be used to device 60.19, Geneal notification Yes and epoting equiements comply with the emission limits. [51 FR 31337, Aug. 1, 1985, as amended at 62 FR 31359, June ] Definitions. All tems used in this SUbpat, but not specifically defined in this section, shall have the meaning given them in the Act and in subpat A of this pat. Bagging opeation means the mechanical pocess by which bags ae filled with nonmetallic mineals. Belt conveyo means a conveying device that tanspots mateial fom one location to anothe by means of an endless belt that is caied on a seies of idles and outed aound a pulley at each end. Bucket elevato means a conveying device of nonmetallic mineals consisting of a head and foot assembly which suppots and dives an endless single o double stand chain o belt to which buckets ae attached.

25 Building means any fame stuctue with a oof. Capacity means the cumulative ated capacity of all initial cushes that ae pat of the plant Captue system means the equipment (including enclosues, hoods, ducts, fans, dampes. etc.) used to captue and tanspot paticulate matte geneated by one o moe pocess opeations to a contol device. Contol device means the ai pollution contol equipment used to educe paticulate matte emissions eleased to the atmosphee fom one o moe pocess opeations at a nonmetallic mineal pocessing plant. Conveying system means a device fo tanspoting mateials fom one piece of equipment o location to anothe location within a plant. Conveying systems include but ae not limited to the following: Feedes, belt conveyos, bucket elevatos and pneumatic systems. Cushe means a machine used to cush any nonmetallic mineals, and includes, but is not limited to, the following types: aw, gyatoy, cone, oll, od mill, hammemill, and impacto. Enclosed tuck o ailca loading station means that potion of a nonmetallic mineal pocessing plant whee nonmetallic mineals ae loaded by an enclosed conveying system into enclosed tucks o ailcas. Fixed plant means any nonmetallic mineal pocessing plant at which the pocessing equipment specified in (a) is attached by a cable, chain, tunbuckle, bolt o othe means (except electical connections) to any ancho, slab, o stuctue including bedock. Fugitive emission means paticulate matte that is not collected by a captue system and is eleased to the atmosphee at the point of geneation. Ginding mill means a machine used fo the wet o dy fine cushing of any nonmetallic mineal. Ginding mills include, but ae not limited to, the following types: hamme, olle, od, pebble and ball, and fluid enegy. The ginding mill includes the ai conveying system, ai sepaato, o ai ctassifie, whee such systems ae used. nitial cushe means any cushe into which nonmetallic mineals can be fed without pio cushing in the plant. Nonmetallic mineal means any of the following mineals o any mixtue of which the maoity is any of the following mineals: (a) Cushed and Boken Slone, including Limestone, Dolomite, Ganite, Tapock, Sandstone, Quatz, Quatzite, Mal, Mable, Slate, Shale, Oil Shale, and Shell. (b) Sand and Gavel. (c) Clay including Kaolin, Fieclay, Bentonite, Fulle(s Eath, Ball Clay, and Common Clay. (d) Rock Salt. (e) Gypsum. (f) Sodium Compounds, including Sodium Cabonate, Sodium Chloide, and Sodium Sulfate. (g) Pumice (h) Gilsonite. (i) Talc and Pyophyllite. OJ Boon, including Boax, Kenite, and Colemanite. (k) Baite. () Fluoospa (n) Feldspa. (n) Diatomite. (0) Pelite (p) Vemiculite (q) Mica.

26 () Kyanite, including Andalusite, Sillimanite, Topaz, and Dumotieite. NonmetaJlic mineal pocessing plant means any combination of equipment that is used to cush o gind any nonmetallic mineal wheeve located, including lime plants, powe plants, steel mills, asphalt concete plants, potland cement plants, o any othe facility pocessing nonmetallic mineals except as povided in (b) and (c). Potable plant means any nonmetallic mineal pocessing plant that is mounted on any chassis o skids and may be moved by the application of a lifting o pulling foce. n addition, thee shall be no cable, chain, tunbuckle, bolt o othe means (except electical connections) by which any piece of equipment is attached o clamped to any ancho, slab, o stuctue, including bedock that must be emoved pio to the application of a lifting o pulling foce fo the pupose of tanspoting the unit. Poduction line means all affected facilities (cushes, ginding mills. sceening opeations, bucket elevatos. belt conveyos, bagging opeations, stoage bins. and enclosed tuck and ailca loading stations) which ae diectly connected o ae connected togethe by a conveying system. Sceening opeation means a device fo sepaating mateial accoding to size by passing undesize mateial though one o moe mesh sufaces (sceens) in seies, and etaining ovesize mateial on the mesh sufaces (sceens). Size means the ated capacity in tons pe hou of a cushe, ginding mill, bucket elevato, bagging opeation, o enclosed tuck o ailca loading station; the total suface aea of the top sceen of a sceening opeation; the width of a conveyo belt; and the ated capacity in tons of a stoage bin. Stack emission means the paticulate malte that is eleased to the atmosphee fom a captue system. Stoage bin means a facility fo stoage (including suge bins) o nonmetallic mineals pio to futhe pocessing o loading. Tansfe point means a point in a conveying opeation whee the nonmetallic mineal is tansfeed to o fom a belt conveyo except whee the nonmetallic mineal is being tansfeed to a stockpile. Tuck dumping means the unloading of nonmetallic mineals fom movable vehicles designed to tanspot nonmetallic mineals fom one location to anothe. Movable vehicles include but ae not limited to: tucks, font end loades, skip hoists, and ailcas. Vent means an opening though which thee is mechanically induced ai flow fo the pupose of exhausting fom a building ai caying paticulate matte emissions fom one o moe affected facilities. Wet mining opeation means a mining o dedging opeation designed and opeated to extact any nonmetallic mineal egulated unde this subpat fom deposils existing at o below the wate table, whee the nonmetallic mineal is satuated with wate. Wet sceening opeation means a sceening opeation at a nonmetallic mineal pocessing plant which emoves unwanted mateial o which sepaates maketable fines fom the poduct by a washing pocess which is designed and opeated at ail times such that the poduct is satuated with wate. [51 FR 31337, Aug. 1,1985, as amended at 62 FR 31359, June 9,1997] Standad fo paticulate matte. (a) On and afte the date on which the pefomance test equied to be conducted by 60.8 is completed, no owne o opeato subect to the povisions of this subpat shall cause to be dischaged into the atmosphee fom any tansfe point on belt conveyos o fom any othe affected facility any stack emissions which: (1) Contain paticulate matte in excess of 0.05 g1dscm (0.022 g/dsc!); and (2) Exhibit geate than 7 pecent opacity, unless the stack emissions ae dischaged fom an affected facility using a wet scubbing contol device. Facilities using a wet scubbe must comply with the epoting povisions of (c), (d), and (e). (b) On and afte the sixtieth day afte achieving the maximum poduction ate at which the affected facility will be opeated, but not late than 180 days afte initial statup as equied unde of this pat, no owne o opeato subect to the povisions of this subpat shall cause to be dischaged into the atmosphee fom any tansfe point on belt conveyos o fom any othe affected facility any fugitive emissions which exhibit geate than 10 pecent opacity, except as povided in paagaphs (c), (d), and (e) of this section. (c) On and afte the sixtieth day afte achieving the maximum poduction ate at which the affected facility will be opeated, but not late than 180 days afte initial statup as equied unde of this pat, no owne o opeato shall cause to be dischaged into the atmosphee fom any cushe, at which a captue system is not used, fugitive emissions which exhibit geate than 15 pecent opacity. (d) Tuck dumping of nonmetallic mineals into any sceening opeation, feed hoppe, o cushe is exempt fom the equiements of this section. (e) f any tansfe point on a conveyo belt o any othe affected facility is enclosed in a building, then each enclosed affected facility must comply with the emission limits in paagaphs (a), (b) and (c) of this section, o the building enclosing the affected facility o facilities must comply with the following emission limits; (1) No owne o opeato shall cause to be dischaged into the atmosphee fom any building enclosing any tansfe point on a conveyo belt o any othe affected facility any visible fugitive emissions except emissions fom a vent as defined in

27 (2) No owne o opeato shall cause to be dischaged into the atmosphee fom any vent of any building enclosing any tansfe point on a conveyo belt o any othe affected facility emissions which exceed the stack emissions limits in paagaph (a) of this section. () On and afte the sixtieth day afte achieving the maximum poduction ate at which the affected facility will be opeated. but not late than 180 days afte initial statup as equied unde of this pat, no owne o opeato shall cause to be dischaged into the atmosphee fom any baghouse that contols emissions fom only an individual, enclosed stoage bin, stack emissions which exhibit geate than 7 pecent opacity. (g) Ownes o opeatos of multiple stoage bins with combined stack emissions shall comply with the emission limits in paagaph (a)(1) and (a)(2) of this section. (h) On and afte the sixtieth day afte achieving the maximum poduction ate at which the affected facility will be opeated, but not late than 180 days afte initial statup, no owne o opeato shall cause to be dischaged into the atmosphee any visible emissions fom: (1) Wet sceening opeations and sutisequent sceening opeations, bucket elevatos. and belt conveyos that pocess satuated mateial in the poduction line up to the next cushe, ginding mill o stoage bin. (2) Sceening opeations. bucket elevatos, and belt conveyos in the poduction line downsteam of wet mining opeations, whee such sceening opeations. bucket elevatos, and belt conveyos pocess satuated mateials up to the fist cushe, ginding mill, o stoage bin in the poduction line. [51 FR 31337, Aug. 1, as amended at 62 FR June 9,1997; 65 FR 61778, Oct ) Reconstuction. (a) The cost of eplacement of oe-contact sufaces on pocessing equipment shall not be consideed in calculating eithe the "fixed capital cost of the new components" o the "fixed capital cost that would be equied to constuct a compaable new facility" unde Oe-contact sufaces ae cushing sufaces; sceen meshes. bas, and plates; conveyo belts; and elevato buckets. (b) Unde 60.15, the "fixed capital cost at the new components" includes the fixed capital cost of all depeciable components (except components specified in paagaph (a) of this section) which ae o will be eplaced pusuant to all continuous pogams of component eplacement commenced within any 2-yea peiod following August 31, Monitoing of opeations. The owne o opeato of any affected facility subect to the povisions of this subpat which uses a wet scubbe to contol emissions shall install, calibate, maintain and opeate the following monitoing devices: (a) A device fo the continuous measuement of the pessue loss of the gas steam though the scubbe. The monitoing device must be cetified by the manufactue to be accuate within ±2S0 pascals ±1 inch wate gauge pessue and must be calibated on an annual basis in accodance with manufactue's instuctions (b) A device fo the continuous measuement of the scubbing liquid flow ate to the wet scubbe. The monitoing device must be cetified by the manufactue to be accuate within ±S pecent of design scubbing liquid flow ate and must be calibated on an annual basis in accodance with manufactue's instuctions Test methods and pocedues. (a) n conducting the pefomance tests equied in 60.8, the owne o opeato shall use as efeence methods and pocedues the test methods in appendix A of this pat o othe methods and pocedues as specified in this section, except as povided in 60.8(b). Acceptable altenative methods and pocedues ae given in paagaph (e) of this section. (b) The owne o opeato shall detemine compliance with the paticulate matte standads in (a) as follows: (1) Method 5 o Method 17 shall be used to detenmine the paticulate matte concentation. The sample volume shall be at least 1.70 dscm (60 dscl). Fo Method 5. if the gas steam being sampled is at ambient tempeatue, the sampling pobe and filte may be opeated without heates. f the gas steam is above ambient tempeatue, the sampling pobe and filte may be opeated at a tempeatue high enough, but no highe than 121 C (250 OF), to pevent wate condensation on the filte. (2) Method 9 and the pocedues in shall be used to detemine opacity. (c)(1) n detemining compliance with the paticulate matte standads in (b) and (c), the owne o opeato shall use Method 9 and the pocedues in 60.11, with the following additions: (i) The minimum distance between the obseve and the emission souce shall be 4.57 metes (15 feet). (i1) The obseve shall, when possible, select a position that minimizes intefeence fom othe fugitive emission souces (e.g. oad dust). The equied obseve position elative to the sun (Method 9, Section 2.1) must be followed. (iii) Fo affected facilities using wet dust suppession fo paticulate matte contol, a visible mist is sometimes geneated by the spay. The wate mist must not be confused with paticulate matte emissions and is not to be consideed a visible emission. When a wate mist of this natue is pesent, the obsevation of emissions is to be made at a point ;n the plume whee the mist is no longe visible.

28 (2) n detemining compliance with the opacity of stack emissions fom any baghouse that contols emissions only fom an individual enclosed stoage bin unde (f) of this subpat, using Method 9, the duation of the Method 9 obsevations shall be 1 hou (ten 6-minute aveages). (3) When detemining compliance with the fugitive emissions standad fo any affected facility descibed unde (b) of this subpat, the duation of the Method 9 obsevations may be educed fom 3 hous (thity 6-minute aveages) to 1 hou (ten 6-minute aveages) only if the following conditions apply: (i) Thee ae no individual eadings geate than 10 pecent opacity: and (ii) Thee ae no moe than 3 eadings of 10 pecent fo the 1-hou peiod. (4) When detemining compliance with the fugitive emissions standad fo any cushe at which a captue system is not used as descibed unde (c) of this subpat, the duation of the Method 9 obsevations may be educed fom 3 hous (thity 6-minute aveages) to 1 hou (ten 6-minute aveages) only if the following conditions apply: (i) Thee ae no individual eadings geate than 15 pecent opacity; and (ii) Thee ae no moe than 3 eadings of 15 pecent fo the 1-hou peiod. (d) n detemining compliance with (e), the owne o opeato shall use Method 22 to detemine fugitive emissions. The pefomance test shall be conducted while all affected facilities inside the building ae opeating. The pefomance test fo each building shall be at least 75 minutes in duation, with each side of the building and the oof being obseved fo at least 15 minutes. (e) The owne o opeato may use the following as altematives to the efeence methods and pocedues specified in this section: (1) Fo the method and pocedue of paagaph (c) of this section, if emissions fom two o moe facilities continuously intefee so that the opacity of fugitive emissions fom an individual affected facility cannot be ead. eithe of the following pocedues may be used: (i) Use fo the combined emission steam the highest fugitive opacity standad applicable to any of the individual affected facilities contibuting to the emissions steam. (ii) Sepaate the emissions so that the opacity of emissions fom each affected facility can be ead. (f) To comply with (d), the owne o opeato shall ecod the measuements as equied in (c) using the monitoing devices in (a) and (b) duing each paticulate matte un and shall detemine the aveages. (g) f, afte 30 days notice fo an initially scheduled pefomance test, thee is a delay (due to opeational poblems, etc.) in conducting any escheduled pefomance test equied in this section, the owne o opeato of an affected facility shall submit a notice to the Administato at least 7 days pio to any escheduled pefomance test. (h) nitial Method 9 pefomance tests unde of this pat and of this subpat ae not equied fo: (1) Wet sceening opeations and subsequent sceening opeations, bucket elevatos, and belt conveyos that pocess satuated mateial in the poduction line up to, but not including the next cushe, ginding mill o stoage bin. (2) Sceening opeations, bucket elevatos, and belt conveyos in the poduction line downsteam of wet mining opeations, that pocess satuated mateials up to the fist cushe, ginding mill, o stoage bin in the poduction line. [54 FR 6680, Feb. 14,1989, as amended at 62 FR 31360, June 9,1997] Repoting and ecodkeeping. (a) Each owne o opeato seeking to comply with (d) shall submit to the Administato the following infomation about the existing facility being eplaced and the eplacement plece of equipment. (1) Fo a cushe, ginding mill, bucket elevato, bagging opeation, o enclosed tuck o ailca loading station: (i) The ated capacity in megagams o tons pe hou of the existing facility being eplaced and (ii) The ated capacity in tons pe hou of the eplacement equipment. (2) Fo a sceening opeation: (i) The total suface aea of the top sceen of the existing sceening opeation being eplaced and (ii) The total suface aea of the top sceen of the eplacement sceening opeation.

29 (3) Fo a conveyo belt: (i) The width of the existing belt being eplaced and (ii) The width of the eplacement conveyo belt. (4) Fo a stoage bin: (i) The ated capacity in megagams o tons of the existing stoage bin being eplaced and (ii) The ated capacity in megagams o tons of eplacement stoage bins. (b) [Reseved] (c) Duing the initial pefomance test of a wet scubbe, and daily theeafte, the owne o opeato shall ecod the measuements of both the change in pessue ot the gas steam acoss the scubbe and the scubbing liquid flow ate. (d) Afte the initial pefomnance test ot a wet scubbe, the owne o opeato shall submit semiannual epots to the Administato of occuences when the measuements ot the scubbe pessue loss (o gain) and liquid flow ate diffe by moe than ±30 pecent fom the aveaged detemnined duing the most ecent penomancetest. (e) The epots equied unde paagaph (d) shall be postmaked within 30 days following end of the second and fouth calenda quates. (f) The owne o opeato of any affected facility shall submit witten epots of the esults of all pefomance tests conducted to demonstate compliance with the standads set foth in of this subpat, including epots of opacity obsevations made using Method 9 to demonstate compliance with (b), (c), and (), and epots of obsevations using Method 22 to demonstate compliance with (e). (g) The owne o opeato of any sceening opeation, bucket elevato, o belt conveyo that pocesses satuated mateial and is subect to (h) and subsequently pocesses unsatuated mateials, shall submit a epot of this change within 30 days following such change. This sceening opeation, bucket elevato, o belt conveyo is then subect to the 10 pecent opacity limit in (b) and the emission test equiements of and this subpat. Likewise a sceening opeation, bucket elevato. o belt conveyo that pocesses unsatuated mateial but subsequently pocesses satuated mateial shall submit a epot of this change within 30 days following such change. This sceening opeation, bucket elevato, o belt conveyo is then subect to the no visible emission limit in (h). (h) The subpat A equiement unde 60.7(a)(2) fo notification of the anticipated date of initial statup of an affected facility shall be waived fo ownes o opeatos of affected facilities egulated unde this subpat. (i) A notification of the actual date of initial statup of each affected facility shall be submitted to the Administato. (1) Fo a combination of affected facilities in a poduction line that begin actual initial statup on the same day, a single notification of statup may be submitted by the owne o opeato to the Administato. The notification shall be postmaked within 15 days afte such date and shall include a desciption of each affected facility, equipment manufactue, and seial numbe of the equipment, if available. (2) Fo potable aggegate pocessing plants, the notification of the actual date of initial statup shall include both the home office and the cuent addess o location of the potable plant: Ul The equiements of this section emain in foce until and unless the Agency, in delegating enfocement authoity to a State unde section 111 (c) of the Act, appoves epoting equiements o an altenative means of compliance suveillance adopted by such States. n that event, affected facilities within the State will be elieved of the obligation to comply with the epoting equiements of this section, povided that they comply with equiements established by the State. [51 FR 31337, Aug , as amended at 54 FR 6680, Feb. 14, 1989; 62 FR 31360, June 9,1997; 65 FR 61778, Oct: ) Fo questions o comments egading e-cfr editoial conlent, featues. o design, ecf@naa.cov. Fo questions concening e-cfr pogamming and delivey issues, webteam@gpo.gov. Section 5081 Accessibility Last updated: Febuay 19, 2007

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31 CERTFCATE OF SERVCE, Pam Owen, heeby cetify that a copy of this pemit has been mailed by fist class mail to Akhola Division, APAC - Akansas, nc. - Jenny Lind Quay, PO Box 1627, Fot Smith, AR, 72902, on this {D+1-1 day of ~:-..:::...O=,-~ =-,=e::...:.-, Pam Owen, AA, Ai Division

32