RESPONSE TO COMMENTS. Ozark Oak Charcoal Co.-Snow Division Permit No.: 1099-AR-2 AFIN:

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1 RESPONSE TO COMMENTS Ozark Oak Charcoal Co.-Snow Division Permit No.: 1099-AR-2 On August 5, 2009, the Director ofthe Arkansas Department ofenvironmental Quality gave notice ofa draft permitting decision for Ozark Oak Charcoal Co-Snow Division (OaCC). During the comment period, the facility submitted written comments, data, views, or arguments on the draft permitting decision. The Department's response to these issues is as follows: Comment #l--specific Conditions #3 As requested in the application, the opacity limit was raised to 20% when sawdust is used for the auxiliary fuel. However, the opacity limit was lowered to 5% for those times when natural gas is combusted as the auxiliary fuel. It is requested that the opacity limit be raised to 10% when natural gas is combusted as the auxiliary fuel. Note that this requested limit is already in existence for a similar facility permitted by ADEQ (permit 1554-AR-3 for the Royal Oak Arrow facility). Also note that the language in the table needs to be corrected to read "10% when not combusting sawdust as auxiliary fuel." Response to Comment #1 aacc's existing permit, 1099-AR-l, specifies a 10% upper limit on opacity while firing all fuels. The opacity limit will remain at 10% maximum for sources SN-Ol, SN-02, & SN-03, regardless offuel combusted. Review ofrecords shows that a properly operated system by OOCC will maintain opacity below 10%. Comment #2--Specific Condition #11 1st point: This permit condition contains a new requirement for an alarm system. This requirement does not appear in permits for other charcoal facilities in Arkansas. OOCC requests that this requirement be removed at this time due to the expense involved. Ifand when this new requirement is placed in the permits for other Arkansas charcoal facilities, then oacc's permit could be reopened by the ADEQ to include it. Additionally, such permit conditions should contain a future installation deadline since it is not possible to have such new systems in operation before the issuance date ofthe final permit. 2 nd point: Also, the language ofthis condition should be clarified as in order to be technically correct. Note that the kilns operate in batch fashion. The thermal oxidizers are not used unless an attached kiln is in operation. 11. Each thermal oxidizer combustion gas temperature shall be maintained at a minimum of 1,400 degrees Fahrenheit while controlling emissions from a kiln.

2 Facility: Ozark Oak Charcoal Co.-Snow Division Permit No.: 1099-AR-2 Response Comment #2 1st point. In the original application for this permit modification, oacc proposed the addition of an audible alarm as a means to notify employees ifthe thermal oxidizer's temperature dropped below the minimum of 1400 degrees Fahrenheit. At the same time, aacc proposed to remove the existing continuous chart recorder to record the measured temperature "to address typical operational problems encountered with chart recorders." Thermal oxidizers are essential to controlling emissions from these charcoal plants, and thermal oxidizer temperature is the key control parameter for the oxidizers. As such, it is essential that the temperature be maintained above 1400 degrees Fahrenheit.,we believe the expense to install an alarm system should be relatively low. The requirement to install an alarm will be removed, but the existing requirement for a continuous chart recorder will remain in the permit. 2 nd point. Modify SC #11 to reflect that thermal oxidizers are not used unless an attached kiln is in operation. Suggested: add "while controlling emissions from a kiln" following"...fahrenheit" in SC #11. Accepted. SC #11 is modified to read: "Each thermal oxidizer's combustion gas temperature shall be maintained at a minimum of 1,400 degrees Fahrenheit while controlling emissions from a kiln, except during loading and unloading ofthe kiln." Comment #3--Specific Condition #15 The draft permit continues to have the requirement for periodic stack testing for carbon monoxide on 5-year intervals. OOCC requests that ADEQ remove this requirement in the modified permit. OOCC is a small family owned business and the significant cost ofongoing stack testing is a financial burden. Our arguments are presented below. a. It is true that the air permits for other charcoal kilns in Arkansas have similar 5-year testing requirements. However, a review ofadeq permits indicates that there is not a consistent ADEQ testing requirement for sources controlled with a thermal oxidizer/afterburner. Excerpts from several such permits are contained in Attachment A to this letter. In each, the ADEQ appears to have accepted that monitoring combustion zone temperature is an adequate means ofcompliance verification in lieu ofongoing periodic testing. oacc has continuous monitoring ofcombustion zone temperature and feels that this is adequate for ongoing compliance verification. b. Note that many federal NSPS regulations use the compliance scheme of one-time initial stack testing, followed by some type of emissions-related parameter monitoring as a 20f4

3 Facility: Ozark Oak Charcoal Co.-Snow Division Permit No.: 1099-AR-2 means ofongoing compliance verification. This indicates that our proposed method is within the realm of accepted permitting practices. c. In addition to the monitoring ofthe combustion zone temperatures, the opacity of emissions is also a good indicator ofproper operation ofthe afterburner. Even though the opacity is not continuously monitored, it does provide a good secondary means of determining ifthe proper operation ofthe afterburners. This minimizes the concern of the afterburners not operating properly for long periods oftime without notice. Response to Comment #3 As stated by the applicant, air permits for other charcoal manufacturing facilities require testing at five-year intervals. OOCC's active permit, 1099-AR-l, requires testing for PM lo, CO, and NOx. In this Permit (1099-AR-2), ADEQ has eliminated testing for PM lo and NOx and is requiring testing only for CO. The Division believes that testing at five-year intervals is required to give some assurance that the equipment is maintained and operated well enough to assure that permitted emission limits are not exceeded. This is a reasonable compliance mechanism for this equipment. We have no information that correlates opacity readings with emissions ofco, and the facility has not provided any data that relates CO emissions with opacity. The requirement for stack testing will remain in the permit. Comment #4 Process Description, page 5, 3 rd paragraph In the first sentence, "to make three passes" needs to be removed. This does not apply to the afterburners at the facility. Response to Comment #4 Currently, the process description reads, in part: "The internal configuration ofthe oxidizer forces the gases to make three passes through the oxidizer,..." Accepted. This sentence is revised to read: The internal configuration ofthe oxidizer forces the gases through the oxidizer,..." Comment #5--Specific Condition #9 The wording should be modified to that shown below to be technically correct. This is a batch operation and there are times when a kiln is not generating emissions. 30f4

4 Facility: Ozark Oak Charcoal Co.-Snow Division Permit No.: 1099-AR-2 Kiln emissions must be vented to a properly thermal oxidizer at all times while the kiln is generating emissions. Response to Comment #5 SC #9 reads, in part: "All kiln emissions must be vented to a properly operating thermal oxidizer at all times." Accepted. This sentence is revised to read: "All kiln emissions must be vented to a properly operating thermal oxidizer at all times while the kiln is generating emissions, except while loading and unloading the kiln." 40f4

5 ADEQ ARK A N S A S Department of Environmental Quality November 5, 2009 Tim Martin Vice President Ozark Oak Charcoal Company - Snow Division 724 MC 3026 Yellville, AR Dear Mr. Martin: The enclosed Permit No AR-2 is your authority to construct, operate, and maintain the equipment and/or control apparatus as set forth in your application initially received on 5/11/2009. After considering the facts and requirements of A.c.A et seq., and implementing regulations, I have determined that Permit No AR-2 for the construction, operation and maintenance of an air pollution control system for Ozark Oak Charcoal Company - Snow Division to be issued and effective on the date specified in the permit, unless a Commission review has been properly requested under Arkansas Department ofpollution Control & Ecology Commission's Administrative Procedures, Regulation 8.603, within thirty (30) days after service ofthis decision. All persons submitting written comments during this thirty (30) day period, and all other persons entitled to do so, may request an adjudicatory hearing and Commission review on whether the decision ofthe Director should be reversed or modified. Such a request shall be in the form and manner required by Regulation 8.603, including filing a written Request for Hearing with the APC&E Commission Secretary at 101 E. Capitol Ave., Suite 205, Little Rock, Arkansas If you have any questions about filing the request, please call the Commission at Sincerely, I.JJ-P~ Mike Bates Chief, Air Division ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH UTILE ROCK / ARKANSAS / TELEPHONE / FAX

6 ADEQ MINOR SOURCE AIR PERMIT Permit No.: 1099-AR-2 IS ISSUED TO: Ozark Oak Charcoal Company - Snow Division 724 MC 3026 Yellville, AR Marion County ij\fin: THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'S AUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNER AS SET FORTH IN THE DEPARTMENT'S MINOR SOURCE AIR PERMIT AND THE APPLICATION. THIS PERMIT IS ISSUED PURSUANT TO THE PROVISIONS OF THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (ARK. CODE ANN. SEC ETSEQ.) AND THE REGULATIONS PROMULGATED THEREUNDER, AND IS SUBJECT TO ALL LIMITS AND CONDITIONS CONTAINED HEREIN. Signed: ku(:lj~ Mike Bates Chief, Air Division Date November 5, 2009

7 Table ofcontents Section I: FACILITY INFORMATION 4 Section II: INTRODUCTION 5 Summary ofpermit Activity 5 This permit modification is pursuant to a CAO dated April 3, In this pennit application, the Company proposes to remove permitted source SN-04 and the two associated kilns from the permit because they were never constructed. The Company proposes to reduce the permitted limit of9500 tons charcoal/year to 7872 tons charcoal/year. Emission factors for PMlPMIO, NOx, CO, and VOC are revised to reflect stack tests conducted in The Methanol emission factor is reduced to reflect values in AP-42, Table , and the VOC emission factor is raised to reflect values in AP-42, Table The Company also proposes to bubble emissions from sources SN-Ol, SN-02, and SN-03. PM & PMIO emissions will each potentially increase 4.4 tons/year; and VOC, and CO emissions will potentially increase 7.1 tons/year and 3.9 tons/year, respectively. NO x emissions will potentially decrease 20.2 tons/year, while total HAP and Methanol emissions will each potentially increase 3.91 tons/year 5 Process Description 5 Regulations 6 Total Allowable Emissions 6 Section III: PERMIT HISTORy 7 Section IV: EMISSION UNIT INFORMATION 8 Section V: INSIGNIFICANT ACTIVITIES 10 Section VI: GENERAL CONDITIONS 12 2

8 List of Acronyms and Abbreviations A.C.A. AFIN CFR CO HAP lb/hr No. NO x PM PM10 S02 Tpy UTM VOC Arkansas Code Annotated ADEQ Facility Identification Number Code offederal Regulations Carbon Monoxide Hazardous Air Pollutant Pound Per Hour Number Nitrogen Oxide Particulate Matter Particulate Matter Smaller Than Ten Microns Sulfur Dioxide Tons Per Year Universal Transverse Mercator Volatile Organic Compound 3

9 Section I: FACILITY INFORMATION PERMITTEE: Ozark Oak Charcoal Company - Snow Division PERMIT NUMBER: 1099-AR-2 FACILITY ADDRESS: 724 MC 3026 Yellville, AR MAILING ADDRESS: 724 MC 3026 Yellville, AR COUNTY: CONTACT NAME: CONTACT POSITION: Marion County Tim Martin Vice President TELEPHONE NUMBER: REVIEWING ENGINEER: Travis Porter UTM North South (Y): Zone 15: m UTM East West (X): Zone 15: m 4

10 Section II: INTRODUCTION Summary ofpermit Activity This permit modification is pursuant to a CAO dated April 3,2009. In this permit application, the Company proposes to remove permitted source SN-04 and the two associated kilns from the permit because they were never constructed. The Company proposes to reduce the permitted limit of9500 tons charcoal/year to 7872 tons charcoal/year. Emission factors for PMIPM IO, NOx, CO, and VOC are revised to reflect stack tests conducted in The Methanol emission factor is reduced to reflect values in AP-42, Table , and the VOC emission factor is raised to reflect values in AP-42, Table The Company also proposes to bubble emissions from sources SN-01, SN-02, and SN-03. PM & PM lo emissions will each potentially increase 4.4 tons/year; and VOC, and CO emissions will potentially increase 7.1 tons/year and 3.9 tons/year, respectively. NO x emissions will potentially decrease 20.2 tons/year, while total HAP and Methanol emissions will each potentially increase 3.91 tons/year. Process Description Missouri Type kilns are used to produce charcoal through the process ofpyrolysis. The kilns are loaded with wood, sealed and then subjected to slow burning by supplying only minimum combustion air to the kiln. The combustion air supply is controlled by a series of air injection ports located at the base ofthe kiln. This results in a reducing atmosphere which drives offthe volatile compounds in the wood and produces charcoal. After cool down, aided by a water mist spray, the kilns are opened and the charcoal is removed. After sorting, the charcoal is weighed and shipped offsite for processing into briquettes. Waste wood, also called slab wood, is purchased from saw mills and is used as the raw material to produce the charcoal. The complete kiln "firing cycle" (loading, firing, cool down, and unloading) takes approximately seven days. Almost all ofthe emissions occur over a four day period in the middle ofthe cycle. Exhaust gases from the kilns enter the base ofthe oxidizer at a temperature of200 F to 400 F. The internal configuration ofthe oxidizer forces the gases through the oxidizer, where they are exposed to a minimum combustion temperature of 1,400 F, before exiting the stack. Except for the initial and final hours ofthe firing cycle, the kiln emissions provide the fuel required to maintain the oxidizer temperature. Auxiliary fuel, when required, is provided by natural gas and sawdust controlled by a temperature sensor in the oxidizer. The oxidizer controls include a continuous chart recorder that monitors the temperature at the base ofthe oxidizer, where the fuel is injected. 5

11 Pennit #: 1099-AR-2 Regulations The following table contains the regulations applicable to this pennit. Regulations Arkansas Air Pollution Control Code, Regulation 18, effective January 25, 2009 Regulations ofthe Arkansas Plan ofimplementation for Air Pollution Control, Regulation 19, effective July 18,2009 Total Allowable Emissions The following table is a summaryof emissions from the facility. This table, in itself, is not an enforceable condition ofthe pennit. TOTAL ALLOWABLE EMISSIONS Pollutant lb/hr Emission Rates tpy PM PMIO VOC CO NO x Total HAP Methanol

12 Section III: PERMIT HISTORY Permit #1099-A was issued to Ken Martin Charcoal Co. on November 20, This was the initial permit for the facility. It allowed for 6 kilns and 3 afterburners. Total emissions were 45.9 tons per year of PM, 55.2 tons per year ofvoc, 60.3 tons per year of CO, and 22.2 tons per year ofnox. In October 2003, the facility name was changed to Ozark Oak Charcoal- Snow Division. Ozark Oak Charcoal Company - Snow Division located at 724 MC 3026 in Yellville, Arkansas, produces charcoal from raw wood. The facility currently has 6 "Missouri Type" kilns controlled by 3 thermal oxidizers (two kilns per afterburner). Permit 1099-AR-1, issued June 8, 2005, decreased emission rates based on stack testing (instead of AP-42 based factors) and allowed for construction of2 additional kilns and 1 afterburner (SN-04). 7

13 Specific Conditions Section IV: EMISSION UNIT INFORMATION 1. The permittee shall not exceed the emission rates set forth in the following table. [Regulation 19, et seq., anda.c.a as referenced by A.C.A and ] SN Description Pollutant lblhr Bubbled tpy 01 PMIO Charcoal Manufacturing VOC Unit #1 CO (2 Kilns and 1 Afterburner) NO x PM Charcoal Manufacturing IO 2.4 VOC 1.2 Unit #2 CO 3.0 (2 Kilns and 1 Afterburner) NO x Charcoal Manufacturing PMIO 2.4 VOC 1.2 Unit #3 CO 3.0 (2 Kilns and 1 Afterburner) NO x The permittee shall not exceed the emission rates set forth in the following table. [Regulation 18, and A.C.A as referenced by A.C.A and ] SN Description Pollutant lblhr Charcoal Manufacturing 01 Unit #1 (2 Kilns and 1 Afterburner) Charcoal Manufacturing 02 Unit #2 (2 Kilns and 1 Afterburner) Charcoal Manufacturing 03 Unit #3 (2 Kilns and 1 Afterburner) Bubbled tpy PM Methanol PM 2.40 Methanol 0.65 PM 2.40 Methanol

14 3. Visible emissions may not exceed the limits specified in the following table ofthis permit as measured by EPA Reference Method 9. [AC.A as referenced by AC.A and ] SN Limit Regulatory Citation 01 10% when combusting sawdust as auxiliary fuel 10 % when combusting natural gas as auxiliary fuel ofregulation #18 4. The permittee shall not cause or permit the emission of air contaminants, including odors or water vapor and including an air contaminant whose emission is not otherwise prohibited by Regulation #18, ifthe emission ofthe air contaminant constitutes air pollution within the meaning ofa.c.a [Regulation 18, and A.C.A as referenced by AC.A and ] 5. The permittee shall not conduct operations in such a manner as to unnecessarily cause air contaminants and other pollutants to become airborne. [Regulation 18, and A.C.A as referenced by A.C.A and ] 6. The permittee shall not produce more than 7872 tons of charcoal at the facility per consecutive 12-month period. [Regulation 19, and A.C.A as referenced by AC.A and ] 7. The permittee shall maintain monthly records which demonstrate compliance with Specific Condition #6. The permittee shall update the records by the fifteenth day of the month following the month to which the records pertain. The permittee will keep the records onsite, and make the records available to Department personnel upon request. [Regulation 19, and AC.A as referenced by A.C.A and ] 8. The thermal oxidizers affiliated with this plant shall be maintained and operated in serviceable condition as prescribed by the manufacturer and demonstrated during operation ofthis plant. [ ofregulation #19 and A.C.A as referenced by and ] 9. All kiln emissions must be vented to a properly operating thermal oxidizer at all times while the kiln is generating emissions, except during loading and unloading ofthe kiln. [ ofregulation #19 and A.C.A as referenced by and ] 10. The permittee shall use only natural gas and/or sawdust as an auxiliary fuel to the thermal oxidizers. [ ofregulation #19 and AC.A as referenced by and ] 9

15 11. Each thermal oxidizer's combustion gas temperature shall be maintained at a minimum of 1,400 degrees Fahrenheit while controlling emissions from a kiln, except during loading and unloading ofthe kiln. [ I9.303 ofregulation #19 and AC.A as referenced by and ] 12. To demonstrate compliance with the temperature requirements of Specific Condition #11, the permittee shall set and maintain a temperature controller connected to the thermocouple located in the exit ofthe combustion chamber of each thermal oxidizer and shall operate a continuous recorder to record the measured temperature. These records may be physical or electronic and shall be maintained on-site and shall be provided to Department personnel upon request. [ of Regulation #19, and A.C.A as referenced by and ] 13. Only one ofthe two kilns per Charcoal Manufacturing Unit may be generating pollutants at anyone time. (The thermal oxidizers are designed to only handle the emissions from one kiln.) [ ofregulation #19 and A.C.A as referenced by and 8-4-3Il] 14. The permittee shall maintain records of the dates and times that each kiln is ignited and shutdown. Records shall be maintained on site and shall be provided to Department personnel upon request. [ of Regulation #19 and AC.A as referenced by and ] 15. The permittee shall test one thermal oxidizer at SN-Ol, SN-02, or SN-03, according to the table below. These tests shall be performed simultaneously while the kiln which the thermal oxidizer controls is operating at 90% ofmaximum capacity and during the period ofthe cycle which results in the highest emissions. The permittee shall test all thermal oxidizers for opacity using EPA Reference Method 9. The testing shall be conducted within 5 years from the date ofthe last test (Aug. 22, 23, 2006) and once every five years thereafter. The permittee shall submit a written testing protocol to the Air Division Enforcement at least 15 days prior to any scheduled test. [ ofregulation #19 and] AC.A as referenced by and ] Pollutant CO EPA Reference Method 10 Section V: INSIGNIFICANT ACTIVITIES The Department deems the following types of activities or emissions as insignificant on the basis ofsize, emission rate, production rate, or activity in accordance with Group A ofthe Insignificant Activities list found in Regulation 18 and 19 Appendix A. Insignificant activity emission determinations rely upon the information submitted by the permittee in an application dated May 11,

16 Description Category Four above ground diesel tanks: (1) 10,000 gal; (2) 4000 gal; (3) 1000 gal; (4) 500 gal. Permittee's TANKS calculations for generic A-3 10K gal diesel tank shows max vapor pressure of psia, less than limit of0.5 psia in A-3 Indoor charcoal storage and bagging operation. Charcoal is bagged & stored indoors. Dust emissions from indoor bagging operation is A-13 controlled with a dust collector which vents inside the building 11

17 Section VI: GENERAL CONDITIONS 1. Any terms or conditions included in this permit that specify and reference Arkansas Pollution Control & Ecology Commission Regulation 18 or the Arkansas Water and Air Pollution Control Act (A.C.A et seq.) as the sole origin ofand authority for the terms or conditions are not required under the Clean Air Act or any ofits applicable requirements, and are not federally enforceable under the Clean Air Act. Arkansas Pollution Control & Ecology Commission Regulation 18 was adopted pursuant to the Arkansas Water and Air Pollution Control Act (A.C.A et seq.). Any terms or conditions included in this permit that specify and reference Arkansas Pollution Control & Ecology Commission Regulation 18 or the Arkansas Water and Air Pollution Control Act (A.C.A et seq.) as the origin ofand authority for the terms or conditions are enforceable under this Arkansas statute. 2. This permit does not relieve the owner or operator of the equipment and/or the facility from compliance with all applicable provisions ofthe Arkansas Water and Air Pollution Control Act and the regulations promulgated under the Act. [AC.A as referenced by A.C.A and ] 3. The permittee shall notify the Department in writing within thirty (30) days after commencement ofconstruction, completion ofconstruction, first operation ofequipment and/or facility, and first attainment ofthe equipment and/or facility target production rate. [Regulation 19, and/or AC.A as referenced by AC.A and 8-4-3l1] 4. Construction or modification must commence within eighteen (18) months from the date ofpermit issuance. [Regulation 19, 19.41O(B) and/or Regulation 18, (B) and AC.A as referenced byac.a and ] 5. The permittee must keep records for five years to enable the Department to determine compliance with the terms ofthis permit such as hours ofoperation, throughput, upset conditions, and continuous monitoring data. The Department may use the records, at the discretion ofthe Department, to determine compliance with the conditions ofthe permit. [Regulation 19, and/or Regulation 18, 18.l004 and AC.A as referenced by AC.A and ] 6. A responsible official must certify any reports required by any condition contained in this permit and submit any reports to the Department at the address below. [Regulation 19, and/or Regulation 18, and AC.A as referenced by A.C.A and ] 12

18 Arkansas Department ofenvironmental Quality Air Division ATTN: Compliance Inspector Supervisor 5301 Northshore Drive North Little Rock, AR The permittee shall test any equipment scheduled for testing, unless stated in the Specific Conditions ofthis permit or by any federally regulated requirements, within the following time frames: (1) newly constructed or modified equipment within sixty (60) days of achieving the maximum production rate, but no later than 180 days after initial start up of the permitted source or (2) existing equipment already operating according to the time frames set forth by the Department. The permittee must notify the Department ofthe scheduled date ofcompliance testing at least fifteen (15) days in advance ofsuch test. The permittee must submit compliance test results to the Department within thirty (30) days after the completion oftesting. [Regulation 19, and/or Regulation 18, and A.C.A as referenced by A.C.A and ] 8. The permittee shall provide: [Regulation 19, and/or Regulation 18, and A.C.A as referenced by A.C.A and ] a. Sampling ports adequate for applicable test methods; b. Safe sampling platforms; c. Safe access to sampling platforms; and d. Utilities for sampling and testing equipment 9. The permittee shall operate equipment, control apparatus and emission monitoring equipment within their design limitations. The permittee shall maintain in good condition at all times equipment, control apparatus and emission monitoring equipment. [Regulation 19, and/or Regulation 18, 18.l104 and A.C.A as referenced by A.C.A and ] 10. Ifthe permittee exceeds an emission limit established by this permit, the permittee will be deemed in violation ofsaid permit and will be subject to enforcement action. The Department may forego enforcement action for emissions exceeding any limits established by this permit provided the following requirements are met: [Regulation 19, and/or Regulation 18, 18.l101 and A.C.A as referenced by A.C.A and ] a. The permittee demonstrates to the satisfaction ofthe Department that the emissions resulted from an equipment malfunction or upset and are not the result ofnegligence or improper maintenance, and the permittee took all reasonable measures to immediately minimize or eliminate the excess emissions. b. The permittee reports the occurrence or upset or breakdown ofequipment (by telephone, facsimile, or overnight delivery) to the Department by the end ofthe next business day after the occurrence or the discovery ofthe occurrence. 13

19 c. The permittee must submit to the Department, within five business days after the occurrence or the discovery ofthe occurrence, a full, written report ofsuch occurrence, including a statement ofall known causes and ofthe scheduling and nature ofthe actions to be taken to minimize or eliminate future occurrences, including, but not limited to, action to reduce the frequency ofoccurrence ofsuch conditions, to minimize the amount by which said limits are exceeded, and to reduce the length oftime for which said limits are exceeded. Ifthe information is included in the initial report, the information need not be submitted again. 11. The permittee shall allow representatives ofthe Department upon the presentation of credentials: [A.C.A as referenced by A.C.A and ] a. To enter upon the permittee's premises, or other premises under the control of the permittee, where an air pollutant source is located or in which any records are required to be kept under the terms and conditions ofthis permit; b. To have access to and copy any records required to be kept under the terms and conditions ofthis permit, or the Act; c. To inspect any monitoring equipment or monitoring method required in this permit; d. To sample any emission ofpollutants; and e. To perform an operation and maintenance inspection ofthe permitted source. 12. The Department issued this permit in reliance upon the statements and presentations made in the permit application. The Department has no responsibility for the adequacy or proper functioning ofthe equipment or control apparatus. [AC.A as referenced by A.C.A and ] 13. The Department may revoke or modify this permit when, in the judgment ofthe Department, such revocation or modification is necessary to comply with the applicable provisions ofthe Arkansas Water and Air Pollution Control Act and the regulations promulgated the Arkansas Water and Air Pollution Control Act. [Regulation 19, (A) and/or Regulation 18, (A) and AC.A as referenced by A.C.A and ] 14. This permit may be transferred. An applicant for a transfer must submit a written request for transfer ofthe permit on a form provided by the Department and submit the disclosure statement required by Arkansas Code Annotated at least thirty (30) days in advance ofthe proposed transfer date. The permit will be automatically transferred to the new permittee unless the Department denies the request to transfer within thirty (30) days ofthe receipt ofthe disclosure statement. The Department may deny a transfer on the basis ofthe information revealed in the disclosure statement or other investigation or, deliberate falsification or omission ofrelevant information. [Regulation 19, (B) and/or Regulation 18, (B) and AC.A as referenced by AC.A and ] 14

20 15. This permit shall be available for inspection on the premises where the control apparatus is located. [A.C.A as referenced by A.C.A and ] 16. This permit authorizes only those pollutant emitting activities addressed herein. [AC.A as referenced by A.C.A and ] 17. This permit supersedes and voids all previously issued air permits for this facility. [Regulation 18 and 19 and A.C.A as referenced by A.C.A and ] 18. The permittee must pay all permit fees in accordance with the procedures established in Regulation No.9. [A.C.A (c)] 19. The permittee may request in writing and at least 15 days in advance ofthe deadline, an extension to any testing, compliance or other dates in this permit. No such extensions are authorized until the permittee receives written Department approval. The Department may grant such a request, at its discretion in the following circumstances: a. Such an extension does not violate a federal requirement; b. The permittee demonstrates the need for the extension; and c. The permittee documents that all reasonable measures have been taken to meet the current deadline and documents reasons it cannot be met. [Regulation 18, (A), Regulation 19, (A), A.C.A as referenced by A.C.A and , and 40 CFR Part 52, Subpart E] 20. The permittee may request in writing and at least 30 days in advance, temporary emissions and/or testing that would otherwise exceed an emission rate, throughput requirement, or other limit in this permit. No such activities are authorized until the permittee receives written Department approval. Any such emissions shall be included in the facilities total emissions and reported as such. The Department may grant such a request, at its discretion under the following conditions: a. Such a request does not violate a federal requirement; b. Such a request is temporary in nature; c. Such a request will not result in a condition ofair pollution; d. The request contains such information necessary for the Department to evaluate the request, including but not limited to, quantification ofsuch emissions and the date/time such emission will occur; e. Such a request will result in increased emissions less than five tons ofany individual criteria pollutant, one ton ofany single HAP and 2.5 tons oftotal HAPs; and f. The permittee maintains records ofthe dates and results ofsuch temporary emissions/testing. 15

21 [Regulation 18, (B), Regulation 19, (B), A.C.A as referenced by A.C.A and , and 40 CFR Part 52, Subpart E] 21. The permittee may request in writing and at least 30 days in advance, an alternative to the specified monitoring in this permit. No such alternatives are authorized until the permittee receives written Department approval. The Department may grant such a request, at its discretion under the following conditions: a. The request does not violate a federal requirement; b. The request provides an equivalent or greater degree ofactual monitoring to the current requirements; and c. Any such request, ifapproved, is incorporated in the next permit modification application by the permittee. [Regulation 18, (C), Regulation 19, (C), A.C.A as referenced by A.C.A and , and 40 CFR Part 52, Subpart E] 16

22 CERTIFICATE OF SERVICE I, Pam Owen, hereby certify that a copy ofthis permit has been mailed by first class mail to Ozark Oak Charcoal Company - Snow Division, 724 MC 3026, Yellville, AR, 72687, on this 5. +il \ 'l l"",-,.--~ day of ~ OUE:xY\.~f ''='' , Pam Owen, AAIl, Air Division