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7 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: List of Acronyms and Abbreviations A.C.A. AFIN CFR CO HAP lb/hr No. NOx PM PM 10 SO 2 Tpy UTM VOC Arkansas Code Annotated ADEQ Facility Identification Number Code of Federal 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

8 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Section I: FACILITY INFORMATION PERMITTEE: Kinder Morgan Operating, LP - Hickman Bulk Terminal AFIN: PERMIT NUMBER: 2325-A FACILITY ADDRESS: 7725 County Rd 142 Blytheville, AR MAILING ADDRESS: 7725 County Rd 142 Blytheville, AR COUNTY: CONTACT NAME: CONTACT POSITION: Mississippi County Danny Harris EHS Manager TELEPHONE NUMBER: REVIEWING ENGINEER: Patty Campbell, PE UTM North South (Y): Zone 16: m UTM East West (X): Zone 16: m 4

9 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Section II: INTRODUCTION Summary of Permit Activity Kinder Morgan Operating, LP Hickman Bulk Terminal (Hickman) is an existing bulk terminal and coal preparation plant located at 7725 County Road 142, Blytheville, Mississippi County, Arkansas Hickman submitted an application for an initial air permit. Hickman is permitting coal processing capacity and storage rates at more than 200 tons of coal per 24-hour, single day. Hickman's existing coal processing capacity exceeds 200 TPD; no additional equipment is required to meet a 200 TPD coal processing rate. Hickman is subject to NSPS Subpart Y. Annual throughput is being permitted at 220,000 tons of coal and met coke combined per rolling 12 months. Total permitted annual emissions associated with this minor source permit are: 32.9 tpy (tons per year) PM and 10.3 tpy PM 10. Process Description The Hickman Bulk Terminal (Hickman) is a minor source. Kinder Morgan operates equipment associated with dry bulk product unloading, handling, loading, and control devices. Coal, Met Coke, Direct Reduced Iron (DRI), and different varieties of metal alloys are delivered to Hickman by barge and railcar. The aggregate products are stored onsite inside of buildings until they are required for use by other facilities. Processing these materials results in emissions of particulate matter (PM and PM 10 ). Regulations The following table contains the regulations applicable to this permit. 1 Regulations Arkansas Air Pollution Control Code, Regulation 18, effective June 18, 2010 Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Regulation 19, effective July 27, CFR 60 Subpart Y Standards of Performance for Coal Preparation and Processing Plants (Appendix A) 1 Per Control Number NS48, ADI dated May 17, 1985, Subject: Applicability of Coal Preparation Plant NSPS [Subpart Y]. "The standards are applicable to coal preparation plants which process more than 200 tons per day (TPD) of coal. However, to be considered a coal preparation plant, the plant must prepare coal by one or more of the following processes: crushing; breaking; screening; wet or dry cleaning; or thermal drying. If the plant prepares coal by one of these processes and the coal processing capacity exceeds 200 TPD, then NSPS Subpart Y would be applicable." 5

10 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: GHG Status This facility is classified as a minor source of greenhouse gas emissions because it has the potential to emit less than 100,000 tpy CO 2 e or less than 100 tpy mass basis combined greenhouse gases (GHG). Total Allowable Emissions The following table is a summary of emissions from the facility. This table, in itself, is not an enforceable condition of the permit. TOTAL ALLOWABLE EMISSIONS Pollutant Emission Rates lb/hr tpy PM PM

11 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Permit #2325 is the initial permit. Section III: PERMIT HISTORY 7

12 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Section IV: EMISSION UNIT INFORMATION Specific Conditions 1. The permittee shall not exceed the emission rates set forth in the following table. [Regulation et seq. and A.C.A as referenced by and ] SN Description Pollutant lb/hr tpy Coal Handling and Storage 01 A - G A - Rail Car Unloading to Conveyor B - Conveyor to Truck C - Truck to Storage Shed Unloading D - FE Loader to Screener E - Screener to Conveyor F - Conveyor to Hopper G - Loadout - Truck or Super Sack PM Metals Handling & Storage (includes unloading, storage, screening, PM and loadout) 03 Unpaved Roads (90% Control Efficiency) PM The permittee shall not exceed the emission rates set forth in the following table. [Regulation and A.C.A as referenced by and ] SN Description Pollutant lb/hr tpy Coal Handling and Storage 01 A - G A - Rail Car Unloading to Conveyor B - Conveyor to Truck C - Truck to Storage Shed Unloading D - FE Loader to Screener E - Screener to Conveyor F - Conveyor to Hopper G - Loadout - Truck or Super Sack PM Metals Handling & Storage (includes unloading, storage, screening, PM and loadout) 03 Unpaved Roads (90% control efficiency) PM Visible emissions may not exceed the limits specified in the following table of this permit as measured by EPA Reference Method 9. [A.C.A as referenced by and ] 8

13 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: SN Limit Regulatory Citation 01A, 01B, 01E, 01F, 01G, 02 <20% (a) 03 and Off-site 5% and A.C.A. 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, if the emission of the air contaminant constitutes air pollution within the meaning of A.C.A [Regulation and A.C.A as referenced by 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 and A.C.A as referenced by and ] 6. The permittee shall not operate in a manner such that fugitive emissions from the coal and solid waste storage piles, aggregate handling, and haul roads (SN-03) would cause a nuisance off-site or allow visible emissions from extending beyond the property boundary. Under normal conditions, off-site opacity less than or equal to 5% shall not be considered a nuisance. The permittee shall use water sprays, sweeping, or other techniques as necessary to control fugitive emissions that migrate off-site. [Regulation and A.C.A as referenced by A.C.A and ] 7. The permittee shall follow its Road Watering Plan to treat the active piles and unpaved roads with water or chemical dust suppressant each day that precipitation is less than 0.1 inches. Water treatment is also not required when the ambient temperature is below 40 F. The permittee shall maintain a daily log which shows if water was applied. On days when no watering treatment occurs, the Road Watering Log shall document that no treatment occurred, that the ambient temperature on that day was below 40 F, or that precipitation on that day was greater than 0.1 inch. [Regulation and 40 CFR Part 52, Subpart E] 8. This facility shall have no mechanical vents or openings in the three-sided, roofed enclosures. The one open side is the only opening and defines this as a partial enclosure. The enclosure controls emissions from SN-01C, SN-01D, SN-01E, SN-01F, SN-01G, and SN-02. [Regulation and A.C.A as referenced by A.C.A and ] 9. Dust suppression activities should be conducted in a manner and at a rate of application that will not cause runoff from the area being applied. Best Management Practices (40 CFR (k)) should be used around streams and waterbodies to prevent the dust suppression agent from entering Waters of the State. Except for potable water, no agent shall be applied within 100 feet of wetlands, lakes, ponds, springs, streams, or sinkholes. Failure to meet this condition may require the permittee to obtain a National Pollutant Discharge Elimination System (NPDES) permit in accordance with 40 CFR 122.1(b). [A.C.A as referenced by and ] 9

14 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: The permittee shall not exceed a throughput of 220,000 tons of coal and met coke (metallurgical coke) combined at SN-01 per rolling 12 month period. [Regulation and A.C.A as referenced by and ] 11. The permittee shall maintain monthly records to demonstrate compliance with Specific Condition #10. Individual throughputs of coal and of met coke shall be recorded separately before being combined. The permittee shall update these records by the fifteenth day of the month following the month to which the records pertain. The twelve month rolling totals and each individual month s data shall be maintained on-site and made available to Department personnel upon request. [Regulation and A.C.A as referenced by and ] 12. The permittee shall not exceed a throughput of non-coal materials, as follows. [Regulation and A.C.A as referenced by and ] Non-coal Materials Tons Per 12 Rolling Months Direct Reduced Iron (DRI) 1.5 million Metal Alloy (Scrap Metal) 36,000 Pig Iron 5, The permittee shall maintain monthly records to demonstrate compliance with Specific Condition #12. The permittee shall update these records by the fifteenth day of the month following the month to which the records pertain. The twelve month rolling totals and each individual month s data shall be maintained on-site and made available to Department personnel upon request. [Regulation and A.C.A as referenced by and ] NSPS Subpart Y Conditions on or before April 28, The facility is subject to the provisions of 40 CFR 60 Subpart Y Standards of Performance for Coal Preparation and Processing Plants, which apply to affected facilities in coal preparation and processing plants that has the coal processing capacity of more than 181 megagrams (Mg) (200 tons) per day. The provisions in , (a), (a), (a), (a), and (a) of Subpart Y to Part 60 are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after October 27, 1974, and on or before April 28, 2008: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), and coal storage systems, transfer and loading systems. Hickman has coal processing and conveying equipment, coal storage systems, and transfer and loading systems ( ). [Regulation and (a) and (b)] 15. On and after the date on which the performance (opacity) test is conducted or required to be completed under 60.8, whichever date comes first, the permittee shall not cause to be discharged into the atmosphere from any coal processing and conveying equipment, coal 10

15 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: storage system, or coal transfer and loading system processing coal constructed, reconstructed, or modified on or before April 28, 2008, gases which exhibit 20 percent opacity or greater. [Regulation and (a)] 16. The permittee of an affected facility that commenced construction, reconstruction, or modification on or before April 28, 2008, must conduct all performance tests required by 60.8 to demonstrate compliance with the applicable emission standards using the methods identified in [Regulation and (a)] 17. The permittee must determine compliance with the applicable opacity standards as specified in (a)(1-3), as follows: [Regulation and (a)] a. Method 9 of appendix A-4 of Part 60 and the procedures in must be used to determine opacity, with the exceptions specified in (a)(1)(i) and (ii), as follows: [ (a)(1)] i. The duration of the Method 9 of appendix A-4 of Part 60 performance test shall be 1 hour (ten 6-minute averages). ii. If, during the initial 30 minutes of the observation of a Method 9 of appendix A-4 of Part 60 performance test, all of the 6-minute average opacity readings are less than or equal to half the applicable opacity limit, then the observation period may be reduced from 1 hour to 30 minutes. b. To determine opacity for fugitive coal dust emissions sources, the additional requirements specified in (a)(2)(i) through (iii) must be used, as follows: [ (a)(2)] i. The minimum distance between the observer and the emission source shall be 5.0 meters (16 feet), and the sun shall be oriented in the 140-degree sector of the back. ii. The observer shall select a position that minimizes interference from other fugitive coal dust emissions sources and make observations such that the line of vision is approximately perpendicular to the plume and wind direction. iii. The observer shall make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. Water vapor is not considered a visible emission. c. A visible emissions observer may conduct visible emission observations for up to three fugitive, stack, or vent emission points within a 15-second interval if the following conditions specified in (a)(3)(i) through (iii) are met, as follows: [ (a)(3)] i. No more than three emissions points may be read concurrently. ii. All three emissions points must be within a 70 degree viewing sector or angle in front of the observer such that the proper sun position can be maintained for all three points. iii. If an opacity reading for any one of the three emission points is within 5 percent opacity from the applicable standard (excluding readings of zero 11

16 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: opacity), then the observer must stop taking readings for the other two points and continue reading just that single point. 12

17 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Section V: INSIGNIFICANT ACTIVITIES The Department deems the following types of activities or emissions as insignificant on the basis of size, emission rate, production rate, or activity in accordance with Group A of the 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 March 10, Description None identified. Category 13

18 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: 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 of and authority for the terms or conditions are not required under the Clean Air Act or any of its 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 of and 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 of the Arkansas Water and Air Pollution Control Act and the regulations promulgated under the Act. [A.C.A as referenced by and ] 3. The permittee shall notify the Department in writing within thirty (30) days after commencement of construction, completion of construction, first operation of equipment and/or facility, and first attainment of the equipment and/or facility target production rate. [Regulation and/or A.C.A as referenced by and ] 4. Construction or modification must commence within eighteen (18) months from the date of permit issuance. [Regulation (B) and/or Regulation (B) and A.C.A as referenced by and ] 5. The permittee must keep records for five years to enable the Department to determine compliance with the terms of this permit such as hours of operation, throughput, upset conditions, and continuous monitoring data. The Department may use the records, at the discretion of the Department, to determine compliance with the conditions of the permit. [Regulation and/or Regulation and A.C.A as referenced by 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 and/or Regulation and A.C.A as referenced by and ] Arkansas Department of Environmental Quality Air Division ATTN: Compliance Inspector Supervisor 14

19 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: Northshore Drive North Little Rock, AR The permittee shall test any equipment scheduled for testing, unless stated in the Specific Conditions of this 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 of the scheduled date of compliance testing at least fifteen (15) business days in advance of such test. The permittee must submit compliance test results to the Department within thirty (30) calendar days after the completion of testing. [Regulation and/or Regulation and A.C.A as referenced by and ] 8. The permittee shall provide: [Regulation and/or Regulation and A.C.A as referenced by 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 and/or Regulation and A.C.A as referenced by and ] 10. If the permittee exceeds an emission limit established by this permit, the permittee will be deemed in violation of said 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 and/or Regulation and A.C.A as referenced by and ] a. The permittee demonstrates to the satisfaction of the Department that the emissions resulted from an equipment malfunction or upset and are not the result of negligence 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 of equipment (by telephone, facsimile, or overnight delivery) to the Department by the end of the next business day after the occurrence or the discovery of the occurrence. c. The permittee must submit to the Department, within five business days after the occurrence or the discovery of the occurrence, a full, written report of such occurrence, including a statement of all known causes and of the scheduling and 15

20 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: nature of the actions to be taken to minimize or eliminate future occurrences, including, but not limited to, action to reduce the frequency of occurrence of such conditions, to minimize the amount by which said limits are exceeded, and to reduce the length of time for which said limits are exceeded. If the information is included in the initial report, the information need not be submitted again. 11. The permittee shall allow representatives of the Department upon the presentation of credentials: [A.C.A as referenced by 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 of this permit; b. To have access to and copy any records required to be kept under the terms and conditions of this permit, or the Act; c. To inspect any monitoring equipment or monitoring method required in this permit; d. To sample any emission of pollutants; and e. To perform an operation and maintenance inspection of the 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 of the equipment or control apparatus. [A.C.A as referenced by and ] 13. The Department may revoke or modify this permit when, in the judgment of the Department, such revocation or modification is necessary to comply with the applicable provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated the Arkansas Water and Air Pollution Control Act. [Regulation (A) and/or Regulation (A) and A.C.A as referenced by and ] 14. This permit may be transferred. An applicant for a transfer must submit a written request for transfer of the 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 of the 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 of the receipt of the disclosure statement. The Department may deny a transfer on the basis of the information revealed in the disclosure statement or other investigation or, deliberate falsification or omission of relevant information. [Regulation (B) and/or Regulation (B) and A.C.A as referenced by and ] 15. This permit shall be available for inspection on the premises where the control apparatus is located. [A.C.A as referenced by and ] 16

21 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: This permit authorizes only those pollutant emitting activities addressed herein. [A.C.A as referenced by 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 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 of the 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 (A), Regulation (A), A.C.A as referenced by 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 of air pollution; d. The request contains such information necessary for the Department to evaluate the request, including but not limited to, quantification of such emissions and the date/time such emission will occur; e. Such a request will result in increased emissions less than five tons of any individual criteria pollutant, one ton of any single HAP and 2.5 tons of total HAPs; and f. The permittee maintains records of the dates and results of such temporary emissions/testing. [Regulation (B), Regulation (B), A.C.A as referenced by and , and 40 CFR Part 52, Subpart E] 17

22 Kinder Morgan Operating, LP - Hickman Bulk Terminal Permit #: 2325-A AFIN: 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 of actual monitoring to the current requirements; and c. Any such request, if approved, is incorporated in the next permit modification application by the permittee. [Regulation (C), Regulation (C), A.C.A as referenced by and , and 40 CFR Part 52, Subpart E] 18

23 Appendix A 40 CFR 60 Subpart Y 19

24 Appendix A e-cfr Data is current as of April 14, 2014 Title 40: Protection of Environment PART 60 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES Subpart Y Standards of Performance for Coal Preparation and Processing Plants Contents Applicability and designation of affected facility Definitions Standards for thermal dryers Standards for pneumatic coal-cleaning equipment Standards for coal processing and conveying equipment, coal storage systems, transfer and loading systems, and open storage piles Performance tests and other compliance requirements Continuous monitoring requirements Test methods and procedures Reporting and recordkeeping. SOURCE: 74 FR 51977, Oct. 8, 2009, unless otherwise noted Applicability and designation of affected facility. (a) The provisions of this subpart apply to affected facilities in coal preparation and processing plants that process more than 181 megagrams (Mg) (200 tons) of coal per day. (b) The provisions in , (a), (a), (a), (a), and (a) of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after October 27, 1974, and on or before April 28, 2008: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), and coal storage systems, transfer and loading systems. (c) The provisions in , (b)(1) and (c), (b), (b), (b) through (h), (b) and (c), , and of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after April 28, 2008, and on or before May 27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), and coal storage systems, transfer and loading systems. (d) The provisions in , (b)(1) through (3), and (c), (b), (b) and (c), (b) through (h), (b) and (c), , and of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after May 27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, transfer and loading systems, and open storage piles Definitions. As used in this subpart, all terms not defined herein have the meaning given them in the Clean Air Act (Act) and in subpart A of this part. Appendix A 1 NSPS Subpart Y

25 (a) Anthracite means coal that is classified as anthracite according to the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see 60.17). (b) Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust loadings) in the exhaust of a fabric filter to detect bag leaks and other upset conditions. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings. (c) Bituminous coal means solid fossil fuel classified as bituminous coal by ASTM D388 (incorporated by reference see 60.17). (d) Coal means: (1) For units constructed, reconstructed, or modified on or before May 27, 2009, all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388 (incorporated by reference see 60.17). (2) For units constructed, reconstructed, or modified after May 27, 2009, all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388 (incorporated by reference see 60.17), and coal refuse. (e) Coal preparation and processing plant means any facility (excluding underground mining operations) which prepares coal by one or more of the following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying. (f) Coal processing and conveying equipment means any machinery used to reduce the size of coal or to separate coal from refuse, and the equipment used to convey coal to or remove coal and refuse from the machinery. This includes, but is not limited to, breakers, crushers, screens, and conveyor belts. Equipment located at the mine face is not considered to be part of the coal preparation and processing plant. (g) Coal refuse means waste products of coal mining, physical coal cleaning, and coal preparation operations (e.g., culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material. (h) Coal storage system means any facility used to store coal except for open storage piles. (i) Design controlled potential PM emissions rate means the theoretical particulate matter (PM) emissions (Mg) that would result from the operation of a control device at its design emissions rate (grams per dry standard cubic meter (g/dscm)), multiplied by the maximum design flow rate (dry standard cubic meter per minute (dscm/min)), multiplied by 60 (minutes per hour (min/hr)), multiplied by 8,760 (hours per year (hr/yr)), divided by 1,000,000 (megagrams per gram (Mg/g)). (j) Indirect thermal dryer means a thermal dryer that reduces the moisture content of coal through indirect heating of the coal through contact with a heat transfer medium. If the source of heat (the source of combustion or furnace) is subject to another subpart of this part, then the furnace and the associated emissions are not part of the affected facility. However, if the source of heat is not subject to another subpart of this part, then the furnace and the associated emissions are part of the affected facility. (k) Lignite means coal that is classified as lignite A or B according to the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see 60.17). Appendix A 2 NSPS Subpart Y

26 (l) Mechanical vent means any vent that uses a powered mechanical drive (machine) to induce air flow. (m) Open storage pile means any facility, including storage area, that is not enclosed that is used to store coal, including the equipment used in the loading, unloading, and conveying operations of the facility. (n) Operating day means a 24-hour period between 12 midnight and the following midnight during which coal is prepared or processed at any time by the affected facility. It is not necessary that coal be prepared or processed the entire 24-hour period. (o) Pneumatic coal-cleaning equipment means: (1) For units constructed, reconstructed, or modified on or before May 27, 2009, any facility which classifies bituminous coal by size or separates bituminous coal from refuse by application of air stream(s). (2) For units constructed, reconstructed, or modified after May 27, 2009, any facility which classifies coal by size or separates coal from refuse by application of air stream(s). (p) Potential combustion concentration means the theoretical emissions (nanograms per joule (ng/j) or pounds per million British thermal units (lb/mmbtu) heat input) that would result from combustion of a fuel in an uncleaned state without emission control systems, as determined using Method 19 of appendix A-7 of this part. (q) Subbituminous coal means coal that is classified as subbituminous A, B, or C according to the American Society of Testing and Materials in ASTM D388 (incorporated by reference, see 60.17). (r) Thermal dryer means: (1) For units constructed, reconstructed, or modified on or before May 27, 2009, any facility in which the moisture content of bituminous coal is reduced by contact with a heated gas stream which is exhausted to the atmosphere. (2) For units constructed, reconstructed, or modified after May 27, 2009, any facility in which the moisture content of coal is reduced by either contact with a heated gas stream which is exhausted to the atmosphere or through indirect heating of the coal through contact with a heated heat transfer medium. (s) Transfer and loading system means any facility used to transfer and load coal for shipment Standards for thermal dryers. (a) On and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of a thermal dryer constructed, reconstructed, or modified on or before April 28, 2008, subject to the provisions of this subpart must meet the requirements in paragraphs (a)(1) and (a)(2) of this section. (1) The owner or operator shall not cause to be discharged into the atmosphere from the thermal dryer any gases which contain PM in excess of g/dscm (0.031 grains per dry standard cubic feet (gr/dscf)); and (2) The owner or operator shall not cause to be discharged into the atmosphere from the thermal dryer any gases which exhibit 20 percent opacity or greater. Appendix A 3 NSPS Subpart Y

27 (b) Except as provided in paragraph (c) of this section, on and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of a thermal dryer constructed, reconstructed, or modified after April 28, 2008, subject to the provisions of this subpart must meet the applicable standards for PM and opacity, as specified in paragraph (b)(1) of this section. In addition, and except as provided in paragraph (c) of this section, on and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of a thermal dryer constructed, reconstructed, or modified after May 29, 2009, subject to the provisions of this subpart must also meet the applicable standards for sulfur dioxide (SO 2), and combined nitrogen oxides (NO X) and carbon monoxide (CO) as specified in paragraphs (b)(2) and (b)(3) of this section. (1) The owner or operator must meet the requirements for PM emissions in paragraphs (b)(1)(i) through (iii) of this section, as applicable to the affected facility. (i) For each thermal dryer constructed or reconstructed after April 28, 2008, the owner or operator must meet the requirements of (b)(1)(i)(a) and (b)(1)(i)(b). (A) The owner or operator must not cause to be discharged into the atmosphere from the thermal dryer any gases that contain PM in excess of g/dscm (0.010 grains per dry standard cubic feet (gr/dscf)); and (B) The owner or operator must not cause to be discharged into the atmosphere from the thermal dryer any gases that exhibit 10 percent opacity or greater. (ii) For each thermal dryer modified after April 28, 2008, the owner or operator must meet the requirements of paragraphs (b)(1)(ii)(a) and (b)(1)(ii)(b) of this section. (A) The owner or operator must not cause to be discharged to the atmosphere from the affected facility any gases which contain PM in excess of g/dscm (0.031 gr/dscf); and (B) The owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases which exhibit 20 percent opacity or greater. (2) Except as provided in paragraph (b)(2)(iii) of this section, for each thermal dryer constructed, reconstructed, or modified after May 27, 2009, the owner or operator must meet the requirements for SO 2 emissions in either paragraph (b)(2)(i) or (b)(2)(ii) of this section. (i) The owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases that contain SO 2 in excess of 85 ng/j (0.20 lb/mmbtu) heat input; or (ii) The owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases that either contain SO 2 in excess of 520 ng/j (1.20 lb/mmbtu) heat input or contain SO 2 in excess of 10 percent of the potential combustion concentration (i.e., the facility must achieve at least a 90 percent reduction of the potential combustion concentration and may not exceed a maximum emissions rate of 1.2 lb/mmbtu (520 ng/j)). (iii) Thermal dryers that receive all of their thermal input from a source other than coal or residual oil, that receive all of their thermal input from a source subject to an SO 2 limit under another subpart of this part, or that use waste heat or residual from the combustion of coal or residual oil as their only thermal input are not subject to the SO 2 limits of this section. Appendix A 4 NSPS Subpart Y

28 (3) Except as provided in paragraph (b)(3)(iii) of this section, the owner or operator must meet the requirements for combined NO X and CO emissions in paragraph (b)(3)(i) or (b)(3)(ii) of this section, as applicable to the affected facility. (i) For each thermal dryer constructed after May 27, 2009, the owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases which contain a combined concentration of NO X and CO in excess of 280 ng/j (0.65 lb/mmbtu) heat input. (ii) For each thermal dryer reconstructed or modified after May 27, 2009, the owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases which contain combined concentration of NO X and CO in excess of 430 ng/j (1.0 lb/mmbtu) heat input. (iii) Thermal dryers that receive all of their thermal input from a source other than coal or residual oil, that receive all of their thermal input from a source subject to a NO X limit and/or CO limit under another subpart of this part, or that use waste heat or residual from the combustion of coal or residual oil as their only thermal input, are not subject to the combined NO X and CO limits of this section. (c) Thermal dryers receiving all of their thermal input from an affected facility covered under another 40 CFR Part 60 subpart must meet the applicable requirements in that subpart but are not subject to the requirements in this subpart Standards for pneumatic coal-cleaning equipment. (a) On and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of pneumatic coal-cleaning equipment constructed, reconstructed, or modified on or before April 28, 2008, must meet the requirements of paragraphs (a)(1) and (a)(2) of this section. (1) The owner or operator must not cause to be discharged into the atmosphere from the pneumatic coal-cleaning equipment any gases that contain PM in excess of g/dscm (0.017 gr/dscf); and (2) The owner or operator must not cause to be discharged into the atmosphere from the pneumatic coal-cleaning equipment any gases that exhibit 10 percent opacity or greater. (b) On and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of pneumatic coal-cleaning equipment constructed, reconstructed, or modified after April 28, 2008, must meet the requirements in paragraphs (b)(1) and (b)(2) of this section. (1) The owner of operator must not cause to be discharged into the atmosphere from the pneumatic coal-cleaning equipment any gases that contain PM in excess or g/dscm (0.010 gr/dscf); and (2) The owner or operator must not cause to be discharged into the atmosphere from the pneumatic coal-cleaning equipment any gases that exhibit greater than 5 percent opacity Standards for coal processing and conveying equipment, coal storage systems, transfer and loading systems, and open storage piles. (a) On and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator shall not cause to be discharged into the atmosphere from any coal processing and conveying equipment, coal storage system, or coal transfer and loading system processing coal constructed, reconstructed, or modified on or before April 28, 2008, gases which exhibit 20 percent opacity or greater. Appendix A 5 NSPS Subpart Y

29 (b) On and after the date on which the performance test is conducted or required to be completed under 60.8, whichever date comes first, an owner or operator of any coal processing and conveying equipment, coal storage system, or coal transfer and loading system processing coal constructed, reconstructed, or modified after April 28, 2008, must meet the requirements in paragraphs (b)(1) through (3) of this section, as applicable to the affected facility. (1) Except as provided in paragraph (b)(3) of this section, the owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases which exhibit 10 percent opacity or greater. (2) The owner or operator must not cause to be discharged into the atmosphere from any mechanical vent on an affected facility gases which contain particulate matter in excess of g/dscm (0.010 gr/dscf). (3) Equipment used in the loading, unloading, and conveying operations of open storage piles are not subject to the opacity limitations of paragraph (b)(1) of this section. (c) The owner or operator of an open storage pile, which includes the equipment used in the loading, unloading, and conveying operations of the affected facility, constructed, reconstructed, or modified after May 27, 2009, must prepare and operate in accordance with a submitted fugitive coal dust emissions control plan that is appropriate for the site conditions as specified in paragraphs (c)(1) through (6) of this section. (1) The fugitive coal dust emissions control plan must identify and describe the control measures the owner or operator will use to minimize fugitive coal dust emissions from each open storage pile. (2) For open coal storage piles, the fugitive coal dust emissions control plan must require that one or more of the following control measures be used to minimize to the greatest extent practicable fugitive coal dust: Locating the source inside a partial enclosure, installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the source (when the provisions of paragraph (c)(6) of this section are met), use of a wind barrier, compaction, or use of a vegetative cover. The owner or operator must select, for inclusion in the fugitive coal dust emissions control plan, the control measure or measures listed in this paragraph that are most appropriate for site conditions. The plan must also explain how the measure or measures selected are applicable and appropriate for site conditions. In addition, the plan must be revised as needed to reflect any changing conditions at the source. (3) Any owner or operator of an affected facility that is required to have a fugitive coal dust emissions control plan may petition the Administrator to approve, for inclusion in the plan for the affected facility, alternative control measures other than those specified in paragraph (c)(2) of this section as specified in paragraphs (c)(3)(i) through (iv) of this section. (i) The petition must include a description of the alternative control measures, a copy of the fugitive coal dust emissions control plan for the affected facility that includes the alternative control measures, and information sufficient for EPA to evaluate the demonstrations required by paragraph (c)(3)(ii) of this section. (ii) The owner or operator must either demonstrate that the fugitive coal dust emissions control plan that includes the alternate control measures will provide equivalent overall environmental protection or demonstrate that it is either economically or technically infeasible for the affected facility to use the control measures specifically identified in paragraph (c)(2). (iii) While the petition is pending, the owner or operator must comply with the fugitive coal dust emissions control plan including the alternative control measures submitted with the petition. Operation in Appendix A 6 NSPS Subpart Y

30 accordance with the plan submitted with the petition shall be deemed to constitute compliance with the requirement to operate in accordance with a fugitive coal dust emissions control plan that contains one of the control measures specifically identified in paragraph (c)(2) of this section while the petition is pending. (iv) If the petition is approved by the Administrator, the alternative control measures will be approved for inclusion in the fugitive coal dust emissions control plan for the affected facility. In lieu of amending this subpart, a letter will be sent to the facility describing the specific control measures approved. The facility shall make any such letters and the applicable fugitive coal dust emissions control plan available to the public. If the Administrator determines it is appropriate, the conditions and requirements of the letter can be reviewed and changed at any point. (4) The owner or operator must submit the fugitive coal dust emissions control plan to the Administrator or delegated authority as specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section. (i) The plan must be submitted to the Administrator or delegated authority prior to startup of the new, reconstructed, or modified affected facility, or 30 days after the effective date of this rule, whichever is later. (ii) The plan must be revised as needed to reflect any changing conditions at the source. Such revisions must be dated and submitted to the Administrator or delegated authority before a source can operate pursuant to these revisions. The Administrator or delegated authority may also object to such revisions as specified in paragraph (c)(5) of this section. (5) The Administrator or delegated authority may object to the fugitive coal dust emissions control plan as specified in paragraphs (c)(5)(i) and (c)(5)(ii) of this section. (i) The Administrator or delegated authority may object to any fugitive coal dust emissions control plan that it has determined does not meet the requirements of paragraphs (c)(1) and (c)(2) of this section. (ii) If an objection is raised, the owner or operator, within 30 days from receipt of the objection, must submit a revised fugitive coal dust emissions control plan to the Administrator or delegated authority. The owner or operator must operate in accordance with the revised fugitive coal dust emissions control plan. The Administrator or delegated authority retain the right, under paragraph (c)(5) of this section, to object to the revised control plan if it determines the plan does not meet the requirements of paragraphs (c)(1) and (c)(2) of this section. (6) Where appropriate chemical dust suppression agents are selected by the owner or operator as a control measure to minimize fugitive coal dust emissions, (1) only chemical dust suppressants with Occupational Safety and Health Administration (OSHA)-compliant material safety data sheets (MSDS) are to be allowed; (2) the MSDS must be included in the fugitive coal dust emissions control plan; and (3) the owner or operator must consider and document in the fugitive coal dust emissions control plan the site-specific impacts associated with the use of such chemical dust suppressants Performance tests and other compliance requirements. (a) An owner or operator of each affected facility that commenced construction, reconstruction, or modification on or before April 28, 2008, must conduct all performance tests required by 60.8 to demonstrate compliance with the applicable emission standards using the methods identified in (b) An owner or operator of each affected facility that commenced construction, reconstruction, or modification after April 28, 2008, must conduct performance tests according to the requirements of 60.8 and the methods identified in to demonstrate compliance with the applicable emissions standards in this subpart as specified in paragraphs (b)(1) and (2) of this section. Appendix A 7 NSPS Subpart Y